The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-24
u. s. Circuit Court.
Before Judge Belts.

APRIL u -1ridl 81 Md,hews on a Charge Of Piracy
George Mathews put to the bar, charged with pira
cy 1t will be remembered that this prisoner was the as
sociate OF Babe who has been convicted of piracy and
murder and now lies under sentence for execution in the
Tombs The prisoner Is young about twenty three
years of age and strongly marked features Several
the jury panel challenged peremptorily and others
excused the ground of entertaining conscientious
scruples rendering verdict OF guilty where death
they would not take life for such crime tales was
ordered.
The following jury were then sworn Henry P Sim.
mons, Jacob d. Cox William S. Disby, Joseph w. Meels.
Hugh Gibson, Charles Pitt Joseph H. Coateq Daniel Go.
mover Thomas NJ Leland James Bergen, brriy King. |
and John Gassner. A.
Mr. BARRETT stated the case. The s- at Ia e bar
stood charged with practically runnistxYay with the
indictments against the prisoner One for the murder OF
the captain of the vessel One for the murder Of the
which he now stands charged for piracy. The Sarah
Lavinia" put off from Alexandria first of July last
bound for the West Indies she had six
among whom were MIR. Dearborne, the captain, Walter
A. Nchol the first mate and the cook who murder
ell Babe who is now convicted, of the of |
Webster who has absconded; and the prisoner at the
bar Counsel detailed all the particulars of capture
the vessel and arrest Of the prisoner with the entire cir
cumstances connected with the OF Babe such will
be found detailed in evidence
The written deposition Of George J. THOMAS put J
in admitted being the testimony of the owner of the
vessel in relation to the registry and charteng OF the
Sarah Lavnia" The testimony further to prove
the identity OF articles of wearing apparel belonging TO
Of the deceased found in of Babe and the
prisoner.
The deposition of FREDERICK VIC AREr of Alexandria,
and the registry of the at Alexandria the LIST OF
July ls4a was here put in and admitted copy OF the
minutes Rahe OF the Judge taken on the trial of
of New Haven, detailing the condition Of the Sarah
Lavinia," on finding her on the coast at New
Haven the marks OF blood found in the captains
berth and the vessel cut up the deck trunks
and various articles belonging to the vessel all
strewed about in Confusion the vessel abandoned
this was near Wespor this hat produced had marks of
blood omit.
The books papers found in the vessel were here put
Mr.. WILLIAM o. RUSSELL of New Haven, sworn--T saw
the vessel Sarah Lavnia" on the 18th of July last
found the cabin floor cut up and found hole cut in the
vessel which stopped up with plug of timber and
piece Of canvass saw trunk which was broken open
ced also the log book mallet the register Of the
sci there blood in the waist of the vessel and in
it was the person that first arrested Mathews the
prisoner found the chronometer produced in Mathews
trunk the chrometcr was then locked got the key OF
he Sp sss
sion some of the articles produced can certify having
found in the possession Of Mathews got the key of the
trunk from him and asked him where his baggage
he pointed them cut to me in the trunk asked him
where the quadrant he replied he had sold it,"
Cross eramined by Mr. NASH i came from New Bedford
to arrest these persons came TO arrest four persons
when | went board, there one anchor in the
vessel went to the steamboat coming down. and the
baggage put into and carried up house in
Washington street When arrested the prisoner he
coming down stairs the prisoner told me that Babe vent
since they landed understood at this time that Webster
had not been at this house with Matthew's Mathews had
money about him he said that the quadrant and the
of the things sold think that he said he had
sold tlem asked him where the watch He said,
that Babe had got it," Babe down to the boat and
arrested He was ironed ON being arrested also
roned Matthews on arresting him.
To NJ. Mubny.-There were several persons present
when had the conversation with Matthews cannot
mention the names OF the persons had also
ton with him on coming to the house.
To Mr. Nash-The first conversation about the property
toekpIace board the boat then left him in charge
board and went to Noyes house where he told would
And the property; went there and found them; found
the trunk and the chronometer.
MERCHANT Bauer, sw orn-Examined by Mr. B,anyrr
Il reside at Fall River Massachusetts,; the accused
on their landing; saw strange boat coming under
spirit SAIL the men were bang her; they allowed her to
20 about when they landed they jumped ashore and
about advanced and addressed them Babe said the
boat belonged to him, and was not worth anything:
asked where the cook he said he died the day before
and then thrown overheard; that the captain had
given them the boat and the compass Babe offered them
to take them tohode Island Iobjected the proper
ty might be claimed; he gave 81 Babe puedou the
gold watch from his pocket and told the time of day
after they got board boat left them and my part
ner landed them ut Scape west side OF Newport;
recognise the trunk and chest part of the luggage
X D.nnsr sworn, was on on, the shore the time the
wore short coat at the time Babe said he would ride
he got into my car asked Babe how they got
he came from New Bclorl they paid me alsver dollar.
CaLrs s KscHr.-I keep public house at Newport
abe called and asked II could them
for few days said could the last witness had their
baggage the desired them to lay the baggage
there until evening Babe went out and remained until
evening he came back, and saw them whispering Babe
had that watch fproucod he said he got IT in Liver
pool and paid 500 for he took it out second time
and said he got from his fathers said he had got short
memory they left nay house and went hoard the
Iowa bound Tor Providence.
Cross.eranin,d by MIR. MARpuRr-I got here in August
and the prisoner arrested heard him say that Babe
had taken them out and sold them found no others
present with Mathews when he arrested pre-
when the trunk opened there good many
present at the time II opened board the boat
believe that the key Of the chronometer found
the prisoner said lie had something TO TO
was pas sing by and he said he would stop for two or
three days and would tell me all when he said this he
followed me towards the yard Webster remained in the
entry passed out Mathews returned after absence
Of few seconds.
Mr. Foster TIyri,r, sworn Il matchmaker;
bought this watch lproducedl from David Babe; gave
watch in Liverpool
To Mir M,nnr,RY Babe came 10 nv store alone
The deposition Of Miss add of Alexandria half sister
10 Nchol the first mate, was here put in and admitted II
went to the identity Of Nichols clothing, and the
gold watch produced aad that the articles belonged 10
Nchol.
The deposition of John Ladd halfbrother to Nichol
also put IN, in confederation of that of Miss Ladd
The deposition Of Mrs. Dearborn, widow of the dcceas
Cd captain was here put in proof Of the Identification
duced, and belonged TO her husband
Deposition of the manufacturer of the chronomecr
Orr. Barton) here put in and admitted This cstmo
ny also proved the identification Of thcgold watch
AfrERsooS SESSION.
The court took recess Of an hour.
Offence.
Mr. NASH spoke TO evience and opened the for the
defence they would be able to show that Babe and Web
the persons that murdered the captain mate and
cook that the prisoner negative spectator in
the matter and had not the capacity take away the
sci that he charged with taking away according TO
the true construction Of the term piracy and that IL
proved in evidence that Babe held forth the
owner of the vessel that the vessel was found in state
OF incipient wreck The learned Counsel went on at
length TO dwell on the character of the testimony requ
ed to sustain the charge Of piracy the penalty Of which
was death
JosErH BLACKSTONE sworn-Examined by Mr.. NASH
remember Babe and Webster having come 10 my place
heard Webster say to Babe lyon had better come 10
Philadelphia" and Babe refused Webster said "you had
better along else you may IL = Babe offered
the quadrant for two dollars Mathews did not offer 10
sell any thing to my knowledge.
Crosseraminedb by u. 8. DIsrRror ATTORNEY did not
soc any Of the clothes or baggage taken at the time