The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-02
THURSDAY, NOVEMBER 2, 1913.
Law IutellIrencc.

Law Intelligence.
THE SYRACUSE SEDUCTION CAsE.-SUPREME CoURr.
Northrup for the seduction Of plaintiffs daughter,
came into Court on Sunday morning at o'clock
having been out all night and Saturday afternoon-snd
stated that they unable to agree. They were
discharged by the Court-Syracuse Star, Oct 81.
The Trial for Murder on the High Seas.
THIRD DAY-WEDNESDAY.
UNITED STATES CIRcUIr CouRT, November BE
fore judges Nelson and Betts.-JosErH STONE called
and his CROSS examination resumed. Cannot tell the
of the passenger on board the Sol Tayloe has
not him in New York since thinks he Spanish
gentleman; lie spoke little Englsh-very little
Q-You say the captain when he came on deck,
asked what was the matter what answer did the mate
Ale raid he hove the man overheard because he
drew knife on him and chased him round the deck.
GLOW far was he from the captain ct the time
About eight feet.
Q-You say before the rudder was shipped you
heard the cut OH OH from what point did the
voice come, and how far was it from the boat
Alt aft the larboard bow, but canuot tell the
disance might be twenty or Thirty yards from the
Q-IIow far was the boat from the the brig before
the rudder shipped!
About ten yards; it was going in the direction
of the voice; the kept crying out at intervals,
OH oh was sitting in the bow Of the boat; Snow
sitting between and the mate after the rudder
shipped going to leeward Of the voice good
Q-After you had got on board the brig, or while
were on the boat did you say anything to the nate
Al did l said, do you not hear the man to wind
beard the brig did not say nythng to the mate
captain about having wfully lost the cannot say
how long the conversation In the galley about taking
the brig lasted perhaps about fifteen or minutes
He sat quiet all the while he talking, and when he
dc ne talked told him was not used to taking
ships, killing men; let us, said get the Gulf
| we had another conversation the subject in
the afternoon; it lasted perhaps about five OF ten
| minutes; cannot say when he talked to me again
about it had more than two conversations with him
on the subject cannot tell when had the last
yersatou with him about it.
Q.-Whep did you communicate that conversation
of Monday to the captain?
| A.-On Monday; there means taken to secure
the mate he not secured before to Staten
Isand he allowed go about the vessel usual
hsve no doubt but he dined in the cabin with the
Q.-Did the mate charge you with stealing tobacco
on board the vessel +?
A.-Me stealing tobacco, sir the vessel was loaded
with tobacco, and We all took segars to smoke; be
never charged me with stealing tobacco; he could not
del Who told you, sir, stole tobacco!
Q-What has become of Charles Howard, who was
Al don't knew what became of him told tse
passenger the captain and all hands on board Of the
plan to take the ship.
Direct examination resumed - Greenwood said the
freight money board in the cabin was from $4,000
to $4,000.
The UNITED STATES DISTRICT ATTORNEY offered to
prove by the Witness that the reason they did not
conne the mate board after the commu alton of
the plan of taking the ship, &C., was made to the
captain, because there irons board
and he was tied with ropes, he would slip his arms
through them, anc they thought it better to deal
gently with him.
The CouRr decided that the question to the witness
was improper, and overuled 1t.
II then proposed to recall the Captain to prove
that the former wit Stone detailed to him the
posal made by the prisoner to take the ship, and kill
| tie men as he detailed it on the stand
PRsoNER's COUNSEL objected on the grounds tn 1t
should be given the dire and that by letting
1t in 1t would be opening the door to the grossest per-
| jury.
The CoURr said this case was distingushable from
the general rule
Captain Balm recalled and examined by the Dis.
trict Attorney The witness, Stone, came to me on
| hath ala,
| conversation the mate had with him in relation to
taking the vessel h. reported to me that tho prisoner
had had, at several times, communications with him
| on the subject of taking the ship.
q = Did you make preparations to imprson the mate
Objected to- and overruled, on the ground that the
Captain had right to exercise his Judgment in
combining or not combining the mate.
he tell you he had with the mate on that subject.
Ale came to me two three or four times on that
Odd he ever come to you after that and tell you
he had any with the mate after that
The witness about to answer and to give an ex-
PLANTATION, when he was stopped by council.
O. Had you and the last witness any conversation
about his going out with yeu in the vessel mate?
Ayes; he said he did not like to 60 out again
cook and steward that he wished to be mate and to
said didn't know whether would go out again in the
same vessel but told him he should the duties
Of seaman first and that afterwards he might get to
be mate.
The evidence for the prosecution was here closed
The prisoners counsel said they would not take up
the time OF the court by formal opening of the de-
fence, but proceed at once to offer testimony.
The first testimony fer the defence the
the prisoner the Goth Of May last.
The deposition of Daniel Tracy Of Salem, was then
put in and read which stated that he knew the pr-
soner several years He gave him good character
for sobristy, honesty, and good temper.
CHRisToPHER L. BAILEY examined for the defence
Knows the prisoner intimately for three four years.
knows his general chsracter 1t very good for truth
integrity and sobety and IN every other respect he
acquainted with.
Wst. HAMMoNp, examined for the defence is ac-
quaintd with the prisoner Elk years next spring; he
boarded with witness nearly three years. his general
character for humanity, sobrety, and integrity
goods think there WAS no better; his conduct during
that time made a more favorable impression my
mind than that Of any other person boarded with me-
knows Stone, who was examined here yesterday; saw
hi m at my house about three years ago, in Phiade
phe; he came to board there.
Q.-How did he come to leave your house!
Al shipped him and shpmate on board
captain ashore, and said both me- had run away
from the schooner; never saw him again till saw
him yesterday morning in court
Q.-Where did he come froml
Ale me from New York to Phiadelphia by the
Q-Have you heard persons speak Of his character
sipce9- Objected to, and objection allowed
Q.-po you know captains with whom the prisoner
Ayes sir; they gave him an excellent character,
and said they wanted no better young lad on board
Captain CHpisrIASsoN, examined for defence lis
Of this port; has followed the for forty
years; man falling overheard while vessel Is going
at the rate of three four knots and before the wind
think 1t would take 20 % mi nutes to get she ship
eut, unlash the boat Sc and sho Id think that the
ovei board would be co or 20 yards from the vessel
get the vessel about In that time the work should
be done very quick in rowing about al night when
man ia overheard, think 1t Is pretty hard to pull
straight and particularly II one Of the oarsmen was
not q seaman.
Captain RicnAnDsor, examined for defence.-IIss
been court heard the captain describe the state
Of The brig when the boat detailed; IL the vessel
going at the rate Of three miles hour, think
she would be mile from the man in the water; 1t "a
dcul thing attach the rudder to the boat when in
the water particularly when the oarsmen are pulling;
it is difficult to attach IL they not pulling;
TIE in the beat could destroy the effect Of the
rudder entirely, II they chose.
Captain Lyos. exami ned for the defepce-Has been
in command Of vessels for many years out OF New
n. 4 he vessel under the circumstances