The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-24
U. 3. Commissioner Once.
Rafor~ Fam os;opaV nords-~-

Before Commissioner Gardiner.
Nov %. Murder and Piracy Case.-Ths examination
day and Sunday last. was commenced o-day. Mr. Mar
bury the Assistant District Attorney conducted the
animation on the part Of the government and Mr. Z.
Lamoureux appeared for the prisoners
WARNER srEARNs (colored) sworn and examined
Lives at No: IL underwater street made affidavit
dersood that DAILY caused the murder of the captain
witness told by two colored men, named West and
Sas in the and on the night the
missing and that the captain was knocked overheard
BY DAILY after which Daily put the vessel before the
wind and some time afterwards gave the alarm that
somebody was overheard this all that witness
heard Moore say about what Levin had told him under
ing to Banks afterwards, but did hear what passed
heard before the brig arrived that there something
wrong; it was mentioned in the papers that she was
commanded by colored people the first thing that OK
cited witnesses suspicion a conversation which was
brought about by DAILY offering TO sell order which
he had on the owners Of the brig Harriet for Sal
for So
Cross.examined.-The first conversation in South
street, between Mr. Banks, Mr. Moore and witness; the
it about the order: West also presents the
cond conversation about what Levins sad DAILY
present at part Of the first conversation; the
ton about Levin, between Banks, Moore and witness,
Friday last; witness present. Moore caution.
ed them against the order Daily offered the order to wit
but witness refused it; witness Friday af
ter he had got the information to Clark to see If DAILY
BAsL HANKS examined sailors boarding.. house;
from conversation witness had with Mr.. Moore. wit.
nesss suspicious were excited in regard the murder
the captain; Daily up to them Friday and asked
Stearnes who with witness at the time, if he had
any money; Daily said he wanted for drink he said
he would give them order for $40 the brig, and
asked Searns give him 81 for it, stearnes refused
said he would give him the order was then drawn,
and DAILY refused to sign it, have it witnessed by any
present, and took It out to be witnessed by West a
ter going out they met Moore and the latter said it
good thing they had nothing to do with the order,
Moore then stated that Levns told him that he DAILY
in the captains watch and that it was he that knocked
he swear to this and Moore stated in reply that anything
he said he swear to it, West told witness, that Levin
also told him something about it, but that he, West, did
GEoReE WEAvER.-Was cook on board the brig Har.
riet shipped in New York went from here to Campea-
chy; Francis Mangin the Captain; left Campeachy
time September went from there Yellow Hon
and from thence home; the captain was alive when
left Yellow Hons he was then alive and until we got to
the latitude of Charleston. II was on a Wednesday
night he was missed, saw him on that morning alive;
witness was deck about o'clock in the evening,
got through he sent witness into the galley to make him
some coffee; before witness had time 10 make it, the man
overheard John p Curtis as the man who said it.
Witness jumped out and went aft and met John Cur.
tis did not DAILY, only Curtis, DAILY forward
witness to 60 down and call the Captain witness went
but there was no one in the cabin Curtis went back to
consult about what be done DAILY Sheridan and
Curtis were the watch on deck at the time; witness
does not know .S whether the Captain went ZEN below
gave orders to make the coffee that the alarm
given OF the man being overheard. John P. Russell
and DAILY took the commend of the vessel. Daily
was pretty much the person who had the command
before this time; the captain had difficulty with Leven
Fawcet and with Russell; he put Fawcett in irons for
having found him asleep his watch; kept him there
for several days. after which he let him go few nights
after he got him asleep again, and then struck him with
q stick; Fawcett then went to the pump and on his
returns he got up axe and took down to the fore.
castle with him; the captain called upon witness, Daily
and Phillips, to 60 down and arrest Fawcett DAILY re-
fused to 60 without light; globe lamp was then
brought to DAILY. and he went down to the forecasc,
upon which Fawcett struck the lamp and broke it; he
did not strike Daly after the captain went over they
went to Beaufort in North Carolina lay in the stream
there for few days; the taken shore toge-
Their with the captains papers, and examned the cap
tain treated the men about middlng saw better aud
when the Captain went overboard the vessel after.
wards wrecked at Cape May; witness never saw the
captain heard his voice after he gave witness the
der to make the coffee. After the examination Of this
witness the Court Adjourned O'clock this maruing