The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-09


way 90 10 the identity Of the watch.
Mr.. BARRETrt Is sufficient for our purpose that the
general description Of the watch proved ~ MT IH Sa
long the mate and to in the possession OF BABE
from the moment OF his landing
Q-Oo you among the several peajackets one whch
belonged TO the mater
Ayes; think but will not swear positively that the
oil cloth jacket belonged to him, as recollect having
such hanging in the hall his mothers house
in Alexandria. 10
Fosrrn TrsmH.u sworn-I reside in Brooklyn, but my
place Of bus No. 1872 Broadway. am ewelle
and matchmaker. Gold watch shown Irecognize that
watch as one which purchased on the LIST August from
the large sitting there. (Pointing to Babe) have
Estate the circumstances under which you came TO
purchase ii.
A-The man. in appearance a seaman, came to me. and
offered SALE stating that he had been long time in
the city, end had run up large bill at his boarding
housethata chance offering Of shipping for Baltimore
part in goods. (The silver watch shown) gave him
that watch in exchange. also gold key, ring, iour
bladed knife and $40 in money. He was in my store
lsng time did not Observe cny with him, or wait
William o. RussELL--l reside at New Bedford. and
know the prisoners by sight; ! arrested them at
Knowles boarding house in Washington street. on last
Thursday forenoon.
shown resembles one which have frequently
in the possession of Mr. Nicol he razor strop,
boot brush and shaving box is shewn to the wit
ness recognise all those articles being the property
of the mate as about two years age lroomed with nm
for nearly six weeks
Mr fRicE.-haVe you seen any OF tnose aiuctes smee
A.-No; but nevertheless recognise thsm--though l
would not swear positively to the razors
w. o. RUSSELL, resumsd-I arrived here on Thursday
morning; had warrant but came for the express
purpose OF srresng the prisoners; arrested Mathews
frat. He gave up ali the baggage he had.
Q.-Did Mathews make any voluntary statement to
you, ard If so, what wss it
Ale did.
of this man 80 far as Babe and Webster are
concerned cannot by any rule olaw be admitted as they
present. his settled rule Of law and unless
he confession Of Mathews has been made leg ally after
that he had been warned how far such aconesson weud
Srinnae himself and informed of his reserved rights,
then | must ! that SUCH evidence be ruled out.
MIR. BARRErr.-l never knew before that voluntary
confession, made without threats, promises iadnce'
ments, could net be received US testimony Now Nat
ihews die make such voluntary Confession, and hold
that ch esso could he used to GRIMM ate himself
well as his acconplices in crime so on the broad
ground that this confession be taken against Babe as
he is shown to have been board the vessel with M
thews end 10 have been leagued with i'm in the comns
sion of the very crime with which he himself stands
charged.
Mr. PRrce.-The counsel for the United States is
ming TOO much. He says they were on board together;
deny that any thing has yet been shown by which it
can by any possibility be inferred that Mathews and Babe
ever net on board that vessel.
MIR. BARarrT-TheTe is plenty of proof in my opinion
the watch the coat and the several articles recognised
belonging to the mate beng found in the OF
the sufficient to show probable cause which is
leagred together We not bound to furnish at this
examination evidence to convict, but simply probable
causes and the rests with the opposite side to clear
every vsssot probable Suspicion ASH the case OF
Mr.. ParcE-The District Attorney is assuming too
much here. ask the corpus deficit proven7 Is there
any testimony to show that Babe and Mathews scuttled
the vesse1 None. Is there scntila of evidence 10
show that Babe and Mathews concerned in the
der of the captain mate and cook7 None Does the fact
Of vessel found derelict the high establish the
crime of pirscy7 think not. The testimony far as
relates the hole in the vessel shows that not the
hand OF man which caused it, but that resulted from the
action or accident of the ocean. The finding OF the
watch does not show that murder has been committed
that robbery has occurred IT. however, the confession
of Mahe is to be admitted demand the
examine the witness frs to ascertain the circum
sta ices under which such confession was made.
After lew words from Mr. Hoffman, that the testimo'
ny OF Mathews be taken evidence against his
partner in the commission Of the act charged against
him. the commissioner decided that the confession could
be received but allowed Mr. Price to crossexamine the
witness
conversation with Mathews before arrested him it
after he in my custody, and was conveying him
the steamboat Massachusetts that he offered to tell all
he knew about the affair at first denied that he
board at all told him that he arrested for piracy
the high seas do not recollect whether told him
that the punishment was death was very careful TO
impress him that whatever he wished TELL must be
perfectly voluntarytha could make HIM no promises
OF peneh. communication of run.AmHnt tIe then said
he willing to tell every thing.
Mr.. PRicE-It is for your Honor to decide, but in my
opinion the admission Of such evidence is very perni
cous precedent.
Commentaries on with the confession.
Confession Mathews stated that he was seaman on
Antigua the LIST July About July Ia or U.s. Babe and
the had the night watch Webster and himself being
below; Babe cslled them told how the Captain and
would take charge the vessel and b-ug her into po
stood his course for about ~ hours, then changed il
due west he gave reason for such course, that he
intended for the port About SO hours s
ter he again changed to N N. West spoke vessel and
was informed that Bermuda was the port and lay
due W est-New York N. N. w. This course he kept on
for few days. when about the fourth day previous to
leaving the ship, he called Webster and Mathews to him.
and then ted them that necessary to help him to
kill the cook he would certainly blab them when
they arrived in port. Webster advised to take pilot
board Babe refused and watched his opportunity this
presented itselfon Saturday Qhey LEFT the vessel Sun
day. when he ordered 10 tack ship and sent the cook
10 haul aft The fore Sheet whe the cook STOPPING don
Babe took up male and split his head open, and assisted
by Webster he hope the dead body oue,bosrd Babe thea
the Of the cabin in orderto scutte the
sell but being baed there;he went forward and tore off
the scaling and then drsve out the trunne This dons
ordered the long boat to be hove out end the three
left the ship her fate and landed Seconnet Point
the southwest end OF Rhode Island.
Q-Hsd you any conversation with Babe when you
arrested hmf
A-when arrested Babe I first searched him, and
found him the silver watch when asked what he had
done with the mates gold WATCH he replied that he had
exchap ged for the silver and Sl4 in money, but
here he could not exactly descrbe he said captain
and mate fell overheard and hat he did know but that
the cook yet board The schoonerin reply to my
question he said he had not made away with him.
Odd you board the Schooner, and 4 SO, by whose
orders. and wha. state did you End her in
lboarded the Lavns in the stream, by ord er Of the
District Attorney for the purpose Of mekng an ex ANNA
ton In the calm found the things all In disorder;
there spots of blood the bed Of the
captss berh also the mtttrass and pillow, and on
torn piece OF ped tick which in the berh there were
no the floors saw considerable blood on the
sheet, and the tarpaun hat found in the cabin
he door ss cut as with sharp rument went
The orecass the berths floor sealing Sc torn 70
pic ces and Interchangeable had been thrust into the hole
the runnelw driven outs the hole could be easily
entering the orecaste; also found there cauk
er's mallet, bIoken right in two.
MIR. BARkrrr-i now offer liz evidence the log book,
also the shipping articles found board which sp.
pear the names If the .wo prifoners.
Extract from log book read: -
''July 7th Is43.
Commenced with fresh breezes and pleasant weather.
middle part moderate, light breezes and pleasant
hele note tina. David - and " lillian - OF
being incapable Of doing the duty Of seanen."
Lat "a degrees t6 minutes.
SUNDAY, July 9th.
Con menced with fresh breezes and peasant-mddle
and latter parts moderate and pleasant
At3P. NJ carried awsy the cringle to bonnet OF the
fore sail, and split the bonnet to the loot.