New-York daily tribune., 1843-12-19
CITY INTELLIGENC NCE..
MONDAY.

becoming, and suited to the fearful situation in
which they are placed.
Mr. Price, on behalf Babe, moved for separate
trials He read an affidavit sworn to by Babe,
III which ii is alleged that the confession Of
Matthews would be injurious to sad Babe; also,
that he employed distinct counsel, and would be
deprived Of his individualright to twenty pcremp
tory challenges, Sc Mr.. Price offered remarks
and cited cases, in support Of his position.
The motion was opposed by the District At
torney. The act, he said, was Joint act. He
knew Of no testimony that would not apply equal
" to the prisoners, and the Jury would distn
gush between them should there be any that ap
pied peculiarly to either.
The Court considered that tlic fact of Matthews
having made u confession might affect Babe, and
therefore granted the motion for separate trials.
The District Attorney said he would proceed,
under the rule Of the Court, in the trial OF Babe,
and Matthews was remanded.
Mr.. Price then objected to the form Of return
of the panel of Jurors, it being signed he sad by
the Deputy Marshal and the Deputy Clerk
instead of by the Marshal and the Clerk.
The Court ovcrrulcd the motion.
The following gentlemen, after several per-
cmptoTy challenges, were sworn as Jurors:
Thomas Emerson, Robert McCoskry, Z. Bouton,
Robt. Webber, il Theudentha Adam NoTrle
6. ". Lockwood, Wood Gibson, Francis Denham,
Isaac V. Briggs, Jesse Van Auten, Robt. Thompson.
Mr. BsRRErr then opened the the Jurors. He
stated that the Prisoner placed upon trial for The muir
der Of Walter A Nchol Mate OF the schooner Sarah La
! , T,I nl,crne Ont9
counts,--the principal OF which IS, that the Prisoner
conspred with others and with mallet Of wood killed the
Mate and threw him overheard The Sarah Lavnia sailed
from Alexandra the Sd July, with six persons on
board the Captain, Mate Cook Prisoner Geo Matthews
aid William Webster. The Prisoner shipped as David
Babe. The Shipping Master, arriving here recog
nizsd Prisoner the same. Webster, 1t is TO oe re-
grced has eluded all efforts to arrest HIM Nh B.
! then stated what the Prosecution expected 10 prove
the vessel having been boarded, blood found the mast
the Captains berth, &c, and the vessel IN confusion
The bed cothc; the Captains beth had been saturated
with molAses, though vessel containing such found
board evidently showing that the design TO conceal
the marks of blood. The prisoner and others
land from small boat iew miles from where the
vessel lay They declared themselves 10 have belonged
vessel from Fool gland &c. The prisoner took from
his pocket gold watch also three Trunks and bags
They paid be put Sekonne whence they repaired
to Newport and finally reached this city The Jnry would
have the painful spectacle of seeing the wa of Capt Dear
born and Of poor Nichols placed upon the stand
identify the clothing oi their relatives. Mr. B also alluded
to the sale OF the watch by the prisoner store Broad
way Babe his confession stated that the Captain and
Mate fell oyehoald on 4lh of july aud drowned
This an that they dead The testimony
wholly circumana but OF such character az 70 be
sistlbe.
George j. ThomG5 SWoln-Iieslds5 at Alexandra. The
Sarah Lavirs all American vessel and owned by my
self and other gentlemen. She sailed for Antigua and
market on the lstJuiE Charles NJ. Dearborn master
aad Walter A Nlchol mate Her consisted of per
sons, al told The name of David Babe the shipping
papers.
seen hun that day He sailed the vessel the vessel
Ia tons, aud had but one beat Capt. Dearborn was
about 50 years of age, aud Mr. Ncholl - 3D. They both
belonged TO Alexandra, aud had sailed together as master
aud Capt Dearborn of good disposition lheard
him speak of Mr. Nlc!lo as being excellent officer
Cross.eTamined by Nlr. NashIer cargo consisted Of
| flour corn slaves, Sc There money shipped my
knowledge. Do ecollec having seen Babe on board
The only one of the could recognize woad be the
cook prisoner al Alexandra previous TO the sailing
Frederick VicGrie, sworn.-Shpped the Of the Sa
rai LAWNS Alexandria; the prisoner one of them he
sged David Babe; he had boarded at house icr hye
days previous, carried him board aud saw hlm there
when the vessel left the wharf, Johnson, the cook, was
yellow of an Indian in appearances Babe Iecog
nzsd in the rombs and asked me how was and how
nv wife was; he sad ilow YOU, Mr.. Vicarie how
the old woman = asked him what all this he said
he did know they wanted say he killed the captain
mate and cook replied "Well, God knows" the last
o! Babe his being OF the who rowed the
captain board after she had left the wharf the boat hay
ing shore for him. have not seen the captain mate
and cook since
Ebcne"cr Ber,u syorn-LyeS atPaNtucEet Mass: is a
seaman; board the sloop Fairhayen bound from
Nantucketto New York. bearded the Sarah Layina about
nine O'Clock the morning Of the 30lh July, she lay
anchor hailed but there the sails
lowered; saw the cabin door; to the
forecastlr, and of running in hailed
the captain the Fairaven and told him the vessel de-
serted and sinking; he got three that were coming OIL
from liyhuuk OF them held on by rope and went
into the orecaste; drove boomstck handle into the
hole which caused the Leaks the buaks that side
knocked away and the ceiling away with an axe
pair Of compassss were driven INTO the seam; sa" The
block, after deck, 1t was left III holsting the
boat out; in the cabin leather trunk cut across man
up Of the cabin with book, which SAID that the
captain and had fallen overboad the trunk was lock
ed but across and in that way opened saw some pieces
OF paper the trunk and the cabin tloor comparing
pieces found them be the shipping papers aw south
wester hat with blood the Cabinalso seal
SKIN cap in of the berhs stained with blood there were
three drops of blood the IN the cabin; the bed
clothes and clothing saturated with nolasses; the
cabin floor had been pped up with when on deck
saw blood the ore.shee-a place about inches longs
there blood under the ,er aft and also forward Of the
galeys; the blood under the tler showed the print of
mans and the print of The arm the blood forward Of
the galley about four five feet from IL the log book
on board and III the trunk.
CroSs-sIamned BY Mr.. Pr!ce-The vessel was anchored
or miles from the shore
By ". HofTman.-Read the name on The There
| were :! feet Of in the hold when we boarded.
EiIuam Q. Russell swoTn Resides at New-Bedford,
aud boarded the Sarah Lavnia when she broxgh, in,
about hali.past or o'clock Examined her condition by
order of the District Attorney Found three drops
Of blood on marass the Captains BERTH also piece
bedticking The bedclo,hes were covered with mo-
asses Also the southweser with blood on H. In the
Captains berth Saw place in the iorecase where un
mel had been driven in Observed the hunks 10 be broken
away Sc Saw blood deck and or the tore.sheet DID
L., Vba lDn n Ia
deck wet The vessel perfectly good except from
the violence that committed.
Cross.erGmtnedThe place where she was found was IN
he County oi Bristol The place where The trenai was
Knocked Ayss ri.r yatsr Vas driven fIom the