New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1844-04-17
CITY INTEl. !. e + n L l..
TUESDAY,
u. CIRCUIT COURT Before Judge BErrs
TsI.L OF WILLIAM SMITH SEAMAN OF THE Sill

rt male and passenger. stands III direct COLLISION WIN wa,
the crew and II for the jars 10 decide between 'hei Tue
, contain, several indictments. only t5ee Il WHICH
of s,,,pe,l y testimony Isl cnd'uv"rng TO create revolt
Ii connins the master. ai.l 81 meeting or sing UP 'he
ct,, 4, act, of dso!t4ynrc The testimony OF Tie captain
r; mate and passenger establish all these while ti! are con
Jl iv IN. others and II Is f1 the Jury 10 decade n IL
i they deem 10 be correct; Id think the mate was en-
eayorr 10 enorce proper order. and tile scai'en Noeft!
resisted the charge OF attempt al revolt - made cut Ou' you
think II WA, mere personal difficulty between the cannot
be 50 considered not every act oi dSobeuence o' iln
misconduct tina, makes liable 10 charge oil enicas-
t,ng 10 create T. revolt The evidence varies essentially N re-
aton to the case TINE Court alluded to portion OF IT, lie
is charged also with conInins the master Although Is INC
duty of seaman obey orders, and also 10 submit 10 chste
men, If inflicted Seeking his remedy that caastisenen WAS
improperly made after his return TO port; tile Jury must dis
tnrsh between mere involuntary acts winch lead man To
throw oil force from himself and those where an attempt
made To aggressive force against his officers In Judgment
of law confines master when by his own aggressive
,s he selze hold and depriycs the master OF his liberty The
charge III present that while the captain was at
tempting 10 bring HIN to submission the seamn caught hold OF
the captain b collar and held him tall the captain eXtrcae
himself II the evidence hcws that the master had fir, scizc
HIM md particularly SAID, had seized hum by the halr
and the .eaina eneavorng ward OF the master, 1t wou
mot II. coaining the within the meaning oi the act
The evidence which think bears most against tie prisoner
* that where e said Ia have called ot To the other portion 81
M, rrcy To assist kun Nothing would be more dangerous tnr
IN hermit such thing this. Seeing HIM IN distress they
est possible cneuyor to make revolt Right or WRONG the
muster and mate empowered IN hoin: the and
.,,tsn. him. redress already stated might BE-
sought after arrival nj port but man IN such situation has
no n 10 call upon the rescue HIM, have the
ans right Ia listen such appeal aud unless the mans HE
danger has the crew any right to Interfere at ALL
This of all the charges would be tie most serious Oi all. ana
Tor the Juy say whether from the evidence they consd
e tina. he 40 called upon the rest Of the The other wit
ns,s de,y such appeal made. but you feel your
tn
ger you d.en the painful necessity OF waving the cred
iIty OF those witnesses IN deciding the testimony you
not to weigh the witnesses by their appearance. bnt you
must consider their motives AMI iecncs. 1t dcpornbc
c: hn officers hoard vessel apt 10 imagine that every
thing n sailor does IN ans way improper with In nsub
orlnato,-and the other hand. the sailors believe that
every thing officer does is with design OF injustice and
pression This continues the whole voyage. ana when they
called upon to speak OF e-ch other court of Justice they
disposed color every thing with that feeling and for courts
mud urs TO that they do improperly the huluncc
OF Justice
The above i, a BRET of the charge The Juy retired,
and after an absence of nbou half hour returned verdict
OF guilty of endcavorns make revolt.
The Court disposed of the motions relative To Messr- loyt
and Bnrbury
TRIAL OF MATTHEWS, THE PiRATE.-MIr Mar
burr the counsel or Matthews. pursuance -
ton previous day. read affidavit OF MutthcS, IN
which that he has been prison the 81 OF tu
gust last and without 10 make provision Tor
;raha h- father and other relatives poor. and able
To asst hnl-that he born Whebaven the Eastern
shore Maryland md piled in small traders from there TIL he
Joined the Sarah invina which time he had been
outside the Cape OF Virginia. aud knew nothing navigation
nor had he been acquainted with o the persons
bonr the Sarah Lavnn The grenter part Of his life has becn
pissed Whltelnven and II permitted, lie will show by the
testimony Of ha he Of good charncte had
committed offence incurred reproach lie Inns
hchnyea and Ind reason 10 believe that the wit
would have voluntarily come on. but he received letter
| biz come without being subpTnacd
The letter from his father then read, N which request
made that subpGnas may be sent him and he VIII
| them Sc.
Mr. MaIbury ennrke,i the Court vii sec that TINS boy
has had Of maxim: preparation Tor hs triaI lie
pee that the egbor and friends Of his inier wouh hive
| come but they and unable to do a..
Mr. Hoffman. District Attorney said he anSiou. To have
the The witnesses have ibeen summoned the
part Of the Government irom distant places and here
rs those spoken al by the counsel they the those
formerly alluded BY Mr.. Nash and sufficient, has been
aIowejbesc, which, Of them had been board
the Sarah Invnia could testify To the question be
fore the Jury At they could only speak Of previous good
character oil the prisoner. 1t he has Ind
getting the wI;ne= ON ltna case involving
Quences 10 HIM. and nm struggling between anxiety At
ford him every proper indulgence ana desire dispose Of tie
h;' term II further postponed be ImfosSbceye
to collect the witnesses togethe. again.
Judge Belts sad ii ordinary he would haV.
hesitation saying sufficient had been granted bat
the pciIce o the court Ia proceed with great deccy and
caution capital cases It would appear To be-
give the prisoner sufficient time To oGtan the
ness. He had night to apply Ia the coGr: Tor s-,tance.
viii grant the request. bat hope that The trial may proceed
al early day.
Alter the time required sending
the Eastern Hoe Of Maryland. the suggested that III.
thai honh be postponed Thursday week Mr. Hoffman re-
marked that unless lirther rcpfe ordered that tbs
tral b, put down for some other day Dicuity was nI.G
started rs 20 the ATTENDANCE ofthc witnesses Tor the govern
ffniIy itncA .l.ul.
proceed On thursday next. and the remanied
COURT OF SESSIONS. Before the Recorder md Alder
| men HATFIELD and BRADY.
JONAS b. PHILLIPS ESQ., District .Atorney al interim.
RoBBERY.-Peter McGauley, alias Williams, was
tried for robbery the first degree knocking down William
Murray choking and forciJy robbins him 50
the house No 8 Mulberry street. the night OF tie 9Th OF
Anich last. The complainant who cses Pt,s5urg Pa
oIohnsons Orange street. and met the prisoner, who
introduced 10 m female whom he called his sister. and Mar
ray getting e. gold piece frm ont Of pocket on the INSIDE
OF srt where he had much gold treated them.
cevnz between 81 and - change Mc';auly ten invited
Murray and lodge bed pace he said he Ind, al
3 Mulberry street. where the three went and entering bed
roon Murray d,-ed 10 retire Mc'auiey then came ntc
the roon also the wonan when the former Knocked Mn
down, and the Git holding is eci the prisoner proceeded
10 rob hn Mnni rose, however, and wa chosed by prison
the latter held him against the eot md succeed ~
;9bbng MN OF lie money IN mr. ppeket ana ,nfs ms ,ad -
fought hard and ha!ood murder and robbery 50 loud that
followed and struck on the stars ana again on te sidewalk
when Murray cf murder and fought bncS knocking the prs
Murray again, and thrust his hand INTO hts bson steal
:o forcing Murray up against conhox and the house Cox
4 Colur an! white named WILSON, seeing the out
up 10 the rcne and prisoner vent buck The nj
headed w.ih the aid Of Cox aud wilson finally procured
wutchma iefYen who arrested the prisoner Mulberry street
room prisoner No 8 Mniber-y..treci. where he
-.ence OF struggle and found coat. vet hat &c
er guilty and he was rcsaniei Tor sentence Friday
Tins the fifth time he ms been tired tor SIMILAR oneces nnd
PREsxsTMEST.-Th Grand Jury came into Court