The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-03
Law Intelligence.
The Trial for Nun der on The High Seas.


United STATES CIRCUIT CouRT, November BE
fore Judges Nelson and Betts.Aer the Court organ
prisoners counsel commenced summing up. He said
it would be uncandid to conceal from the jury the
emotion he felt this interest he
took in the issue VI this causeand regretted the cir
cumstanees which compelled him to be absent the
fret day of the trial. He then drew affecting pic
ture of the situation of the prisoner and appealed
strongly to their sympathy in his favor He nded
that the evidence in this altogether crcum-
iaual and in that view he besought them to give the
prisoner the full benefit of any doubts which might
left their minds by such testimony. He impressed
forcibly them the absence OF motive, which must,
ever existed be the fou ndation Of the crime with
which the prisoner stands charged on the other hand
+ motive could not be shown, the prosecution could
ret be sustained, and the prisoner was entitled to
their verdict He then took up the evidence, begin
mir with that of Stone the steward which he ortiz
csea with great severity, ana drew an nnenviabe
insisted that separating the case from the testimony
of the steward, the jury had to deal with isolated
case of murder They would ask themselves what
his motive No previous difficulty shown to
exist between the prisoner and the deceased 1t did
not appear that they ever had any alteration
him and the deceased. or between him and any
others of the crew. on the contrary IL appeared
that the best feeling and companionshp existed be-
tween them all Where, then he would ask, the
motive which the mate could have for com hitting
devilish a crime The testimony, and, indeed, the
whole theory of the prosecution repugnaut to our
reason and but above all, to expert
ence of the human mind when it Is bent on tbs
mission of crime. He next took up the testimony of
Hugh another OF the witnesses and insisted that
his whole story inconsistent with the theory of
the prosecution on the other side, 1t was perfectly
cops,ste with the theory of the defence which
that Carlyle wis knocked overheard by blow from Q
hand. spike when he had drawn knife on the mate.
He next took up tie testimony of the captain, and
cont1ased 1t with the testimony of Snow and Stone,
deavored to show that it was in conflict with
their testimony in regard to the scene in the boat
He also argued that be contradicted by the three
captains who examined yesterday on the part of
the defence. in regard to beaving the brig to, and
her position in the water in relation the
He concluded by saying that he left the fate Of
the prisoner in their hands whose character IL ap-
pesred from the testimony of the witnesses,
np.ached up to the prese mt time and If any faith
can be placed in the testimony of those witnesses the
crime with which he new stands charged is rspug
nant to all the actions Of his previous life he there
fore would rely on the good sense, sound Judgment,
and intelligence of the jury to bring In verdict of
acauiita in favor of his client
He was followed by the Senior Counsel on the same
side, Who after some preliminary remarks and stating
to the jury great responsibility that devoved
them in Gliding this cause and mindtng them that
the Issues of life and death were in their hands-the
WORD which u ely to pronounce, either to
ttore the prisoner to liberty aud to society with
blemisbed character, or TO consgn him to early
prisoner was a young IT an orphan, just enter ng
upon life in an honorable vocation, and stood before
! them trembling between life and death-it therefore
behooved them to act with deiiberaton AMI camness
before the terrible word guilty was pr nounced. No
sprmises s. no suspicioDsno doubts-nothing but the
dearest testimony, could warrant such conclusion
He stated the order in which he intended to submit
his views to the Jury He stated the crime as 1t was
chsrged in The in dictmsnt to make out which three
things must be shown First, the death Of Carlyle
second that it was occssioned by the prisoner and
third. that it done with malice aforethought. lie
tn, divided the charge again It the prisoner into two
distinct acts namely, the injuries alleged to have
been inflicted by him the deceased at the bow Of
the brig and the act Of drownhg or causing MIN 70
then argued that the acts ut the bow Of the brig
charged the prisoner rested solely on the evidence
Of See which he contensed was altogether irrecon-
cilab with all the other facts and circumstances of
the Gaze, the theory for which, he commended was
that the prisoner went from the wheel to the bow to
.iy ord. To he n
en- sued, in which the latter had drawn his knife on
the prisoner whe in his defence struck him with
handspike, and he fell over. He then went on to
dscredit the testimony Of stone the steward He said
the cuts blood tie ropes and bowsprit had not
bee found until stone had been there in the MORN
ing that he was the first call the attention of the
captain and crew to these facts and that no reliance
vast be placed on his testimony. aiter wnion, ne
took up the boat and criticised the testimony ia
support Of IL, which he contended was not strong
enough TO establish the guilt OF the prisoner He con-
cluded very able speech OF two hours and half at
four o'clock when the court adjourned.
The United states District Attorney sums up to-
morrow (this morning) for the prosecution; after
which, the Gaze will be given to the jury.
TRAVELLERS RrenTs-In the Court of Com
mon Pleas Yesterday, the jury gave verdict in
favor Of the plaintiff in the of Michael Garrity
VS. Seth Goer, commenced on Friday This
action to damages for assault and battery and
election from railroad car IL appeared that the
pIantG purchased ticket for Granite Bridge, sta.
ton ON the Milton Branch Of the Old Colony Rail.
road The defendant the conductor of the train,
and received the tickets After he had gathered the
tickets iron the passengers in the where Clarity
was seated he passed to another but subsequent
y returned and insisted that Clarity should leave the
as he had paid only to Crescent Avenue Clarity
said that he had purchased ticketfer Grsnte bridge
ant should not leave the until he reached tners
Thereupon Mir. Geer seized hold Of him, dragged him
to the door Of the and attempted TO throw MN OIL
while the train in motion. Garrity however re-
NAMED in the train until IL reached Harrison square,
where he forced to leave; Carrty islu MS usm.
ages at $40 and the jury gave him the whole amount
claimed Boston Bee.
The CLyist;an Sentinel Of the 18th instant, states
vU..snn of Portage. lately deceased wlled his