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


cy committed on board the schooner "Layinia,"
on the high seas, was brought up before Mr. Com
missioner Rapleyea, in the u. S. District Court
Room Messrs Hoffman and Barrett appeared as
counsel for the United States, and the prisoners
were defended by Messrs. Price, Nash and Phillips
The case was Of unusual interest, and the cour,
room was filled, principally with seamen and ship
owners. who watched the investigation with the
most eageness, for to them II was a matter of the
deepest moment. The crime most revolving to q
seaman's breast, piracy had been committed within
days sail of their own coast, and before them sat
the beings charged with the Slood of their follow
seamen Could they, then, look on with needless
eye or cold cuEiosity9 No. a deeper and truer
feeling sent them TO that court room and demanded
their presence at trial interesting to every man
Whose home is on the Deep"
The accused are both young men-the most
guilty, as is supposed, is Babe who throughout the
examination betrayed the stake he had its issue by
the perspiration which rolled down his brow and
face, and the restless moving of the eye from the
witness to the examiner. When any thing came
out involving himself directly, he would rub toge-
Their his hands and pull his fingers until the crack
OF the jontscould be distinctly heard by all in the
Court Room. He is a large boned man-about
five feet ten inches in height, and possessing
the appearance of much muscular Strength
The other, Mathews ia an understood lad, about 10
years OF age. During the entire day he evinced the
slightest possible anxiety 10 the result He EVIL
IDENTIFY hopes that confession will save him from
the fate which threatens TO involve his unhappy
companions. As deem the case, its history, its
singular nature, and the unbroken chain which links
closely the events in its fearful denouemen, of
much Importance and interest TO all parties and al!
nations, we have reported al at more than usual
length.
Mr. BAnnkTrI deem il unnecessary to state this
at length before you. Mr. Commissioner as by your Ho.
nors energetic ana prompt action, the persons now
the high have been arrested and the grounds
which such arrest has BEEN made sufficiently known
to your Honor. shall CONTEXT myself with reading the
section OF the act OF $780, under which this commitment
is sought II the sth section OF chapter thirty six LIST
vol. Story page s4wberein it is provided, that ifany
person persons shsli upon the high se-s in
any river haven ban bay out Of the jurisdiction Of
fence /. hich if committed within the body Of county
would by the laws OF the United sate' be punished
With death or any captain or mariner o. any shp,
of any other vessel, hall practically or felomousiy
away with such ship vessel, any goods mcrchan
re to the value OF $780, yield up such ship vessel
violent ands upon his commander thereby to hinder or
prevent his fighting in defence Of his ship goods
miited to his trust or shall make revolt in the ship,
every such offender shall be deemed TAKEN and aaudged
obe pirate and felon and being thereof convicted
shall suffer death and the trial OF crime committed
any particular State shall be in the district where
fender is apPrehended or into which he may first be
brought"
This sir is the section under which the crime charged
against those persons is provided for and will call
the witnesses TO show why the prisoners should stand
committed for the alleged offence.
Mr.. PRIcE.-Where, and by whom is the offence 80
charged?
Mr. BARREr1-Che affidavit is made by William Keefe,
es n
and about the schooner Lavina there probable
suspect, and he does suspect that the captain mate
and cook of that vessel have been murder and that
piracy has been committed on the high by David
Babe George ]. Mathews, and William Webster, sea.
men on board said schooner The affidavit is not here
nor is Mr. Keefe.
Mr.. PaeEI apprehenda question arises here as to the
Of the act read are to be tried in the District where
they shall have first been landed conceive that this
aquestion Of jurisdiction between this and neghborhg
Court.
MIR. BARRErr-This Court contend has the proper iu
rsdction nasmuch as the parties were first opprehended
The question is settled. as appre
hended the parties on board of the steamboat Mas
Mr.. PRrcE-Whst want to find out is he d4teo the
affidavit.
Mr.. BARRErr-The date is the Sd August. Twill now
proceed to call my first witness
GEoRGEI. THOMAS sworn reside st Alexandria, an
am part owner OF the American schooner "Lavinia"
which sailed from the port of Alexandra the July
last, with cargo Of flour, kiln dried meal, black eyed
peas yellow and red oak her destination
A. Nco mate The master about 81 years, and the
mate % years Of age The consisted of three
member the name of the cook but from what saw stated
in the newspapers, believe it John Johnson Be.
fore the schooner sailed saw her shipping articles,
believe have not since seen the the captain,
mate cook.
Q-Do you recognise either of the accused as belong.
ing to the crew Of such schooner.
Al cannot speak positively-Ihave a general recol
lection. think the large (eabe) went on board.
did not see the book but am pretty certain saw the
(The Articles were here shown, and the witness iden
tilted the handwriting OF the captain and mate)
The Counsel or the prisoner requested the witness not
EBESrzEn BERRv-I reside at Pawtucket, about four
miles from Troy Massachusetts am seaman, attach
ed to the good sloop "Fahsven" Of Providence mate
know the schooner "Lavinia"
Estate the circumstances under which you became
acquainted With that vessel.
A-About week ago last Sunday think it was
the 3Oth of Juywe started from New Bedford, bound
New York. with about thirteen ton of stone on board
About six miles s. s. w. the Hen and Chickens and 70
miles S. f. Of the light house of Cu,tyhunk- had the
helm; the Captain at breakfast below. when the lad
sung out that there was vessel with sails
in sight did not take any notice Of the boy presently
the Captain came deck, and she pointed out TO
him past her, and observed her tackle hanging
her Sides We bore down to her. when the aptain
told to take the cook and the boy and board Of
her. We started in the small boat he cook unwill
ing 10 board her jumped on deck, and finding per-
son on beard, ran to the cabin and found it empty
broad was lying the floor which had been split
about SIX inc hes across as If with the went ior-
ward and found the water rushing in the larboarl
bow through hole, which appeared as If made by
inch and half anger stopped it with the handle ,e
broome and the depth OF water in the fore
ces.le about four feet did rot examine the hold,
as the hatchways were batened DOWN. My impression
that there had tecn some foul play board and that
somebody mad been killed between he orecastle and
tho nmast the ssrboard side We found the fore
shee; marked with traces Of fresh blood In The cabin
found the papers OF the ship ecogDizes The shipping
aticles) did not perceive any blood in the cabin until
took vesse. New Bedford when tie Pilot found
SOU ester the cabin, had marks Of blood IT, We
also found seal cap the floor the SOU wester Law in
the Captains berth found few drops of blood
tho berth clothes the pilot found the shipping arti
cles F; / found Aeother papers and the log book.
Cross examined 6y Mr.. NAsH1here was a hole in the
forecase, put could not tell how it made, until az.
forwards, when foundit was caused by knocking out
trupnell have followed the for eleven years. Eve
ry ship going across the Atlantic ought TO be provided
with carpenters chest We found pair OF compasses,
some gimblets aud new handssw also shirts
vered with moasses. The saw found forwa ard the
fas all aboard md bent she LAYS at the Dock