The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-14

MN WIN tte other The hrst mate W. Mt into the cabin
ana the captain and he out; the captain asked
could be notget along with the without auarreling
and what was the trouble? the deceased was lying on
the deck and the captain desired him to get up and
go to his work. he said he would him id first he
then ordered him TO be put in the rigging; the mate
wanted to have his arms tied and hoisted up; the
captain put tttp to that and said be would have no
such work as that board witness the mate the
seized him by his arms led him to the rigging and ash.
rope witness brought him one, about fifteen threads
be said that would not do, and ordered him to get
nine thread ratiD rope witness did and the rope
now produced is the rope he logged with; winners
DID rot fog With the bite Of the rope he took one end
in his hand and fogged with the other; winners went
on pretty last vet as he would fog school boy; when
he had struck about six blows the aptain asked him.
did he know how to strike the man. nd to hit harder
when he gave the eighth blow the captain again sung
the FIRST mate answered ttat he had got eleven; the
captain then ordered him to get anothe he then gave
him The ninth blow which was ell be got
The evidence taken de bene esse of Thomas Francis
Maitin, chief mate, was read II. stated prisoner was
master Of the ship Alhambra they put into this port
for repairs to the ruddeI The testimony then de-.
soribed the difficulty between the witness and the
mate, and also the tyiDgup and fogsing of the de.
Ceased as described by the othsr witpesse,.
CHhsroPHtR BARsr, passenger. examined, de bene
se-identihes the rope with which the deceased was
forged.
Hr.nY KRAus, examined-was carpenter on board
the Alhambra came aft to witness toe pupishmsn mt.
The witness described the manner of tying thu de.
ceased up and the remarks made by the captain pre-
vous to foqgng the deceased just as the other wit.
nesses described IL.
The court then adjourned.
u. \. CRcuIr CoURT, In ADMIRALTY. Nov. 12-Be.
fore Judge Nelson - Mortimer Lping u.s. the Steam
beat E'pr0s-Ths IL a libel filed by the owner OF the
yacht Mist against the steamboat Express for damage
occstioned by collision occurring In this port The
Mist was lying at anchor of Whitehall dock at the
usual anchorage ground for vessels Of that description
TIE steamboat bad just taken In tow canal boat
heavily laden with coal, at one OF the North River
pieIs for the porpose Of carrying her round to the
East River there to be taken with other boats in tow
to Albany The cana boat towed by hawser
some fifty fatboms in length fastened to the stern Of
the steamboat and, on coming round from the Forth
to the East River, the latter passed on the inside of
the Mist between her and the Battery. As she came
round Castle Garden, the boat In took sheer out
into the river, which the captain and a hand on
board Of her, with all their exertions at the helm
could Dot break by reason whereof she came in con-
tact with the Mist head sbsft the forward chains
stove In her plank and imber besides doing other
serious injury. The captain OF the tug was warned
by The master OF the tow at the time she sshsd TO
he frp that the boat stsered badly especially when
heavily laden, as the then was. and n request made
mat che should be taken alongside, instead OF being
towed at ihe stern but this was refused, and
o hawter hnng to him, to Iash her ss.ern. The
tug was not under the command or direction Of