The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-25
United states Commissioners Omcs'

United stairs Commissioners Omoes
Before Commissioner Gardiner
The Murder and Piracy case This was resumed
thh morning George Weaver, who was examined on
but nOthil material was elected on his cross sxamna
ton.
: JoHv CORNELL, (colored) seaman. examined Shipped
In New York; halls from Westchester county; got to
Csmpeachy in about AZ days after left here Witness
belonged to the srboard watch Daily belonged to the
witness called deck at this time and saw him;
witness went below then and did not him afterwards;
the captain overheard Phillips and witness up
witness ahead; saw DAILY and Curtis on deck it was
ship was nearly wore round saw nothing of the captain
after when witness came up the first time, he the
captain at the cabin door he appeared to be as well as
usual The captain was pretty fair NAM often
better and worse cannot say whether he drank or not
saw him drink wine in Campeachy he was not what
witness would call drinking man; he was sometimes
eccentric in his behaviour he used to walk and down
the ship talking and laughing to himself STILL witness
thought he knew what he about; he had pet tur
key board, with which he used to amuse himself
After the captain went over they put into Beauor the
and took the crew on shore aud examined them in rela
ton to the death Of the captan there was paper hand
cd to witness to sign saw Lexns strike at Daily with
the captain ordered DAILY to 90 down to the forecastle
to seize him. heard Levins say that he would strike any
witness to down and assist in Selling him; witness
was afraid, and refused;
to the effect as that Of the former witness
Here the for the prosecution rested.
detence-keepS
boarding house; Daily boarded with witness since he
arrived in the city five weeks ago never concealed him.
self; there difference between Daily and searnes
about order The witness contradicted Stearnes who
examined Monday for the prosecution in relation
to the conversation Stearnes Banks and Moore had with
Witness Levns told the witness that the captain
knocked overboard heard any Of the sailors
say sos never told any one that Levin had told the wit
ness SO.
DAILY then made voluntary statement. He said he
shipped in this city the second of June and in few
days after he sailed for Campeachy; AtCampsashy.
hp rCCh nd n ma aft thov
cleared from Campeachy on their homeward voyage,
and sailed at AGs A. ,a the latter place the captain called
and he would appoint him mate Of the ship and him
at twenty dollars month and said if the
his own pocket After they cleared from Ailos,
Of the Captan-he went to say that the Captain
to him. DAILY on dock one morning very early and told
him that he had found all hands belonging the arboard
watch asleep including the at the Wheels he seemed
to be much distressed and said he had fogged aw
cet and added that he had thought was best for them
near home, and il such ali occurrence again hap
pened, they should be tied up and logged After that
the Captain caught Russell, Sheridan and Fawcett again
asleep Upon that occasion he struck F.wcett with
stick upon which Fswcett down to the foreceste,
and on his way picked up axe The Captain got his
pistols called all hands deck, and ordered them to
bring him up and put him in irons fwSe.
the way, when Fawcett met him. made blow of the
hatchway then nailed down, and all communication
with Fawcett stopped Next morning he surrendered,
and he and Russell handcued, and ordered to
aft The next day the Captain had conversation
with DAILY and desired him. Daily, keep sharp look
for land and if he should it, to call the Captain Soon
after he thought he land and called the Capt deck
they then tackled ships Sheridan Russell and Curtis
deck; the steward was in the galley making fire;
he, Daily rolling up the rigging and the Captain
standing at the tsrai in two three minutes Curtis
sung out that man overboard they did not know
at the time who it was, and they all to who
it was that was musings some ran into the Captains
cabin and to look for Curtis Curtis soon
found but the Captain not and they then concluded
that the Captain went overheard he, DAILY, then
called all hands deck, and after a consultation be-
Them DAILY took command Of the brig and knock
ed of Fawcets irons; they then put the ship about she
having round during the ALARM and steered for
thorities board overhaued the ships papers
and took the shore and examined them, after
which they set at liberty; they then went board
again and cleared from Beaufort with determination to
bring the ship this port but they had chart Of
the coast and chronometer board, they were mis-
led when they first discovered the Delaware Capes;
DAILY thought they the Highlands at Sandy Hook,
and in consequence Of this the ship allowed to
get too the coast and struck
1.-THE foregoing is the substance Of DAILY statement,
aid is but Justice to say that he is of the most in
telligent negroes we ever heard.-Repcrter
The public prosecutor next read written statement Of
the Captains, written some days before his DEATH it
responded it'll DAILY account in almost every particular
The Commissioner, with the consent OF the United
States District Attorney dismissed the charge and ber
ated Daily and the others bu bound them to appear
witnesses the District Attorney should think
proper to proceed further in the matter.