The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-31


use of the rope now produccai
A-To keep the martinase steady; the martingale
a-Ths condition in which you found the ropes
was tie proper one!
Ayes, sir.
Q-Wss it fastened on properly The night before!
Ayes, sir; ! saw 1t that same night, and al the
ropes were fastened on properly.
Q.-Wss 1t taken down accide ntally?
Alt must have been either broken or let 90 in
tentiopally but it was not broken, and therefore,
must have been let Intentionally; the spun yarn was
back rope cut in three places aud spattered
with blood; there three cuts in it the bowsprt
was also cut there was blosd in two places on the
hack rope, and in different places on the rail at the
time; the cuts all fresh and spattered with bloc
in the morning made the discoveries now state: It
was about sunrise Greenwood was bow in his
berth. [Hatchet produced.l Wtnesa swears to the
handle OF the Ratchet and think the Ratchet ia the
same one. After breakfast. asked prisoner why he
answered me in the mar'ner he did and why he re-
fused to take tie pn up he raid he did not witness
then SAID ne Considered it refusal to do duty and in
witpess said it was the first time he had used in
folence to him that he had nothing for him to
do, and that be would put him of duty he then said to
witness, IL suppose there will be charge brought
against me, and that you tEe witness) will be thu
strongest evidence against me ~ witness said he did
him knock him overheard, and that he did
upon that that about all that happened that
day witness then did the duty himself, and they
rived here about the first day of May last after wit
got inside Of the Hook and the sails ell furled be
called the men all aft and ordered them to tie pr
soner while they were in the act of doing So he made
windlsss about five feet should cay it was i'm
possible to knock man overheard over the railing |
don't know that Carly had knife the prisoner had
dirk in his pocket witness had draft board for
$500 or 5000, and between $40 and $50 in specie.
h. Cross-euamined.-I did not upon the occasion Of
tying up, or on any other occasion, charge him with
numbering the deceased might have said then that
he was sorry he did not take the ship there suit
now in regard to his wages Carlyle shipped
at Mobile; the last time saw deceased 14th April
the voyage from Boston was half through when Car
iyle came on board; when went down that night
LIFT nriso VII ITsea on dec I
the other the scuttle; was asleep when the
call Of the man being overheard WAS made
awakened by the call; cannot tell who called me;
not sufici-n tly awake to know the voice; |
told when came on deck, by Usee that Bob
overheard; heard the cry the water up; it
under the cabin window; the vessel in motion
at the time and perhaps going about three four
knots an hour; after came on deck heard his voice
at intervals the voice continued to grow fainter it
might be about ten minutes from the time came
deck till the boat was let down. the voice audible
all the time but owing fainter at the time the boat
let down it moonlight but just setting at the
time; it then became dark; it not so light when
first came up that could the man did not direct
any one cry him that help was going to him;
when came on deck his voice was astern, but when
the vessel was put about bis voice was heard from the
larbosrd; Immediately after gave the order prisoner
came aft and was engaged all the time the boat
letting. down.
cries of the man after the boat was let down?
Apswer-Aeout three or four minutes; should
think it AUDIBLE enough to be heard by the men
in the bcat the sound indicated that he getting
weaker from exhaustion
Q.-Was there any other way than the cries Of the
deceased, to guide them to steer the boat!
A.No just after the beat got out Of sight, heard
more OF the mans voice.
Q.-Was Carlyle peaceable man and had you any
trouble with him?
A-No, sir had no trouble with him, except when
ne came on board; ne was very siPsy ana had: to
with him. at another time at St Jago, whe preparing
to come away he was so drunk when | called him he
not able to do anything, and left him there; he
afterwards up in the course of the day, and went
to his work.
of the Of the brig Colonel Tayloe, her passage
FROM Mobile to this port in the month of April last
the night of the 14th Of that month lying in the
galley. ndspesed, when the prisoner came to and
asked me whether was able to take the wheel, while
he, the mate. went forward to do little job witness
said he would try, and went aft for the purpose and
the mate went forward; minute or two after witness
heard the cry of murder" which surprised him. and
he cid not know what to do; then put the wheel up
and while doing SO, heard splash in the water, and
head q cry OF Z" Oh =! Ohn' from some person
and placing his hand on witnesses shoulder told him
to shut Up, and keep the vessel her course; the
captain then asked what was the matter; witness
piled, Bob is overboard the captain then inquired
how it happened; the mate replied that the id
b had drawn knife on him, and that he, the mate,
the mate, You should have confined him, and not
have knocked him overbonrd;' the mate said there
nothing on board to confne him in, and that
be would not have the d s. Of b on board the
captain then ordered the vessel to be hove to- aud all
hands were called aft and they proceeded to prepare
ofit We La d then to get some old canvas aud plug
was made OF II; the boat then lowered aud the
prisoner the steward and another man went into it;
the man was in the water to the westward but the
boat went eatwardy the captain called to them to 60
towards the man. but witness does OF know whether
they heard him not the boat after returned
to The vetsel and those board Of it said they could
not find the man; some hours Afterwards in con.
sequence Of what the steward said, / went forward;
the first thing saw the piece Of mar ngae rope
1t was to the windlas had to step in
going forward; when got forward blood on the
back rope there was also very large cut commencing
where the two ropes came together; there aso
AntI, oh
there blood between the cuts and rather the mark
of fingers but that could not to; the blood
looktd very frssh saw a racket Of spun yarn round
the rope if had been at work at it, IL then
came aft towards the galley, and afterwards forward
towards the windass; as | came along witness saw
old flour barre. standing against the foremost the
larhoard sde put his hands the barrel to rest him
self he did go his eye rested little Ratchet
vered with blood witness took 1t up, looked at it and
gave to the steward who took aft At this stage of
the care the cause was adjourned.
SUPREME COURT, October 3O-Special Terrible
fore Judge Edmonds- Deeisions-Rogers rs. Monday.
reference to surplus OF moneys in suit pending
in the late Court OF Chancery il not ce under
the code, under the supplemen tary act but under
the former practice Of the which has Ut bee alb
rogated and will be Cover ned to conformation ex-
ceptons, and the bearing thereof by the former prac
tice.
Brnem and Others ps Naturalization to pay the de-
fen dant certain moneys in the hands OF a receiver
granted, the party obtaining the injunction con-
who has released his interest such release being
unannulled and in full force though impeached for
frauQ In suit 10 IL ASIDE III the lease Is
prevented from operating against the party signing it
he must obtain an injunction In respect to it, on a
proper case to be made out by him.
John p. DeWin Us. Belts y CornWeH.-A promissory
note, absolute on it's face, cannot be impeached by
paroi agreement that the payee would call for
the principal but only for the annual interest judy
ment for plaintiff for the amount Of the note and in
tertst, to be entered in Orange county.
Nicoi rs. Erie Railroad Company.-A grant of land
to the Hudson and Delaware Railroad Company, for
the purposes of their road granted condition that
their road should be completed within the time speci
fed in their act Of incorporation, does
benefit Of defendants, who build road portion
of the tract, and succeed to all the property
privileges, and franchises Of the Hudson and Delaware
Railroad Company, under conveyance thereof made
to them in pursuance Of act of the legislature
Judgment for rlaintif, to be entered in Orange
county.
Grossly etdl. rs Lepis and oihers.-A devise in q |
will include n ilertinafe