The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-03-10
LAW IntelllRcnC0s

Judge Belts Charge Of Hsmicide- Honorable Acqual
Commands The ship Pontiac" one Of the liners between
this port and Liverpool was placed at the bar charged
with the homicide Of one Of the passengers lname I'M
December last. Captain Tucker is conference.-the
looking man. and his humane conduct to the passengers
mony Of the witnesses for the defence affords ample ss
tmony Of the high character which he has 80 long
joyed
the Pontiac" and shipped at New Orleans; Captain
George Tucker master Of her went to Liverpool and
out; is an American vessel believes there was more
than 200 passengers on board young man went ait to
was at the pump at the time saw the cspsin stand by
the cabin; heard him speak; turned refund and looked
after him; the boy then went to the steward who de-
sired him again to 60 the captain he ard the captain
speak to him; he said to the boy won't give you any
molassss" "You are the one who steals the water"
tain then told him to go forward the boy didn't move.
and thon the captain Kicked him; the boy had tin pot
in his hand; when he kicked him, he fell down;
the boy fell the desk can't say where; means to say
the captain only kicked him. the boy was about eight
nineteen years old; he had fever; he died, and
the next day his body brought on deck. The boy
sick for about three weeks before.
JAMES SMITH, seaman-Testifed partly in corrobo-
ration Of former %itnsss saw deceased when he was
fell down; saw him the day before; he appeared very
sickly; was compelled to remain as witness.
CHARLLs PATERSON, mate OF the vessel testified that
the passengers to the amount Of dy came board des.
tute the treatment of the master most kind and
to the vessel carried twelve hands before mas. ssvs.
raj of the sick before arrived the pas
sengers appeared to be both and sickly witness
taken to the hospital about eight days aer the arrival Of
the vessel at least eighteen deaths occurred on board
was in the trade seventeen years, and never saw so
much attention paid before to on board ship
Mrs AMELIA BARNARD testified that she was passenger
board the vessel, and her husband died on board ;
other members of her family sick board; the
captain extremely attentive to the sick on board.
Mrs McDEkMor testiisd that she was passenger on
board the Pontiac her sick the captain rested
all the passengers we'll the deceased one day du
ring the he took brine to drink, and was
the opinion OF most Of the passengers that was the
brine that killed him bis name was Tom Mslowney
the BRINE was given him by German passengers as rice
water the captoin treated him well and he gave him
Ireland, the town from which witness came saw
the captain for the first time since her arrival last
evening the boy delicate when he came on board
ArrE BoYLE testified she knew the deceased; heard
no drank brine he had been drinking that day; was
dry and drank the brine heard in consequence Of
drinking the brine that he died. the captain treated all
the passengers that were on board we'll
JAMES WiLsoS testified he knew the deceased the
conduct Of the captain towards his passengers was
tremely kind he endesvored to promote cleanliness
board, and members Of witnesses family sick the
captain treated them kindly the deceased had mOa'ses
THOMAS McDERMorr, son of former witness, testified
he knew the deceased knew that he took brne said
his stomach the captain treated witness kindly; docea
ed told witness before no died. that he had taken the
brine and was told was rice; said was the cause o.
his death.
THOMAS WARD testified that the Captain had been ex
tremely kind and attentive to himself and family during
the voyage; heard deceased had taken water wthou
leave and had been reprimanded by the captain;
heard no had been kicked by the captain for taking
ter without Leave saw the captain once sis him wit,
saving Of the water for the passengers the stripe
the rope did not hurt the boy.
Tho deposition OF John Fitzpatrick passenger OF
board was here read in corroborstion we'll those
| ofseveral other witnesses.
Mr. BUTLER had been misled in this case and
| would concur in the opinion Of the Court.
The CoURT directed that the jury should deal with thu
| case in grave manner The testimony was defectvt
almost in every particular. and if the blow had beer
given there was no testimony 10 prove that 1t had beer
given in vital part The prosecution had afforded M
reasonable ground for conviction and the contrary
the testimony was most creditable to the character
The jury, Without leaving thor Seats rendered YER
| dict Of - not guilty"
| March 9-USIrEp STATES DsrnIcr CouRr-In Admi
raltyI1he Crev q the Sioop Plymsuth Us. The B,i
Josephine, her tackle and cargo Tho crew Of the Ply
mouth the ibellants in this case and claimed sal
wage for saving the Josephine and her cargo. Tho Ply
the brig deserted BY her crew. and not living thing
board they brought her into this POT by order OF be
salvage. The court decided they had no claim, the.
having performed dangerous or extraordinary duty
and that what they had DONE they did by order Of thsi
Department. United States vessels Of were bound
render every service within their power to msrehsu
vessels In distress, nor had the officers Of the mout
claimed any compensation for their services in this
| The Court therefore dismissed the libel.
| CIRCUIT CouRr, March 9-Before Judge Edmonds-
luke ~ MetFsH This matter has been further az
journed to III Am, tomorrow to enable the Marshal
the United Statcs to file supplemental return to tn
writ Of habess corpus rendered necessary BY com
ncation from the president enclosing warrant signe
by himself for the detention Of Neither the objecto
being founded the former warrant being signed onl
| by the Secretary Of State.
Frsnkiin %. Psndieten--In this case the Court Ia,
| ing ovsrruled defendants motion for warrant MI
Blunt offered the defence upon the merits, and insste
that before furnishing the supplies three persons
whom was the alleged captain of the boat took writ
ten lease for three years Of the hull Of the Virginia
81 900 per annum, for the erection Of the theatres tbs
there were q regularly organised company Of associs
tors and officers Of the theatre from the treasurer dow
to the candle snuer and that tho supplies were in fac
furnished the faith and credit Of the association Vel
dict for plaintiff subject to the opinion of the Court
In Re, Isasc H. Bigas, 1nomds Bfgss. and John {
| Moors.-This case was taken up this evening" ant
alter the amended return Of Justice Drinksr was read