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

Neton Sefa.--Chas II. Bertrand. captain OF
the Amertssn ship Aibsmbra put kis trial this
morning Tor the alleged murder Of Alfrsl Burgess,
OF tina crew while on the passage from New Oreaus to
this Fort. The following named gentlemen were sworn
ON the jury Isaac Jones, John How, Altman rrask,
AIMED II Clarke Benjamin +. GImble, James H. Town
icy. JOIN W: Cr'tt, Ansh0ny ssaentlend chs watson,
cate District Attorney briefly stated the case for
the persecution.
iped.-Was one Of the crew Of the ship Ahambra
shipped in New Orleans to Antwerp; left New
ter; knew the decsased Alfred Bursess when we we're
four day out from New Orleans, about half past four
o'clock in the afternoon the deceased was little be-
fore tnis time 81 work in the riggug the mate came
andtupg out that he 90 long at IT. in few min
otes he came down, jumped on the rail- and went on
the larboard side; the next time him he
ming through the galley door and the mate after him
he latter overlook him before he got asst the
house on Geek; he stumbled dfe witness got up and
said to TIE mate "et him alone he has done nothing
the mate turned round and said, wit ness did not
fhut up he would take him, witness aft; the next
thing raw the second innate taking a-hod OF de-
ceased, and showing him from where he then was to
the quarter deck TIE next thing he was the cap
OSs 81 h snd
mate were there with their hands up the word was
the pawed for the men to aft and witness the
Punsbmen mt we ala went aft the captain was stand
ing at the cabin door, and witness went to him and
reid he ought to see whether the man was drunk or
not he said, silence, and asked witness did he know
him? and then said he had legged "a men before he
left the Belize on former voyage buchanan and
Italian came up next the captain seemed to take
notice Of what the Italian said the captain then vent
over and raid to deceased that II he went to bis work
he would let him go; the deceased made no answer
the Captain then said to the mate to fog him the
second mate commenced to fog him: gave him some
few blows when the captain told him to give 1t harder
he then shifted the rope and logged him With both
hands, and the murmured something like sailor"
the captain previous to the ogging remarked that we
were in the hurricane month, and that if there was
any disobedience OF orders on board the ship would
be in great danger; he then asked the mate did he
count the blows and some one answer that eleven
had been struck he then desired the mate to go
and finish the mate gave another blew across the
lons; thinks the rope ne logged with Is line
Iatin it about a fathom long after the iogging
over the captain went over to him and asked him
would he 60 to his work? the deceased replied in
faint voice that he would after that he remained
lashed up Tor about tbree-quarers Of an hour when
witness went for drink of water and the captain
and mate cutting him down; as they were doing so,
mate got soT canvas and put it under hrs head after
that be lay on the deck for hour when witness and
laid him in his bunk; witness remarked to his two
comrades that the rattles In his throat nd his
eye, had o deadly glaze witness then went to his
the forecastle and found him dead his mouth and
other parts Of his body were much dscoored he was
then brought out and his body in canvass and
sent overheard deceased was about % years Of age
and .eemed to be hearty never saw the deceased re-
Cross. DECENTRALIZATION the ship arrived at quaran-
tine, said would do any thing such rs giving the
chip chains, &c but the doctor told me they would
would do no more duty; the Dutchman aud italian
came to the captain pretty much at the same time
Off at this time, the prisoner addressed ali the in
relation to the dangers of hurricanes; that
ssry the safety Of the ship that the men should be
obedient, and discipline preserved; the man got a
cause his death.
CHARLhs DUNCAN, examined.-When we were four
days cut, the mate sent the man ur the yard willis
he was doing something the yard. the gantlne
cut of his hand, and overheard the mate he
should pay for it, deceased said very well; witness
said no. for that he witness had saved the rope; he
m tie alla6 i'm. ha waa han
the starboard eide; witness don't know whether de-
ceased heard him or not the mate after him. the
caught him BY the collar and gave him over to the
second mate, and ordered him to be brought aft he
asked If he would turn to: he said no. the CAPTAIN
then came out and a. ked him to turn to- he said no;
the second mate up fist and struck him in the face;
the INST mate ordered him not to strike the man the
captain then ssid something to the mate; does not
know what reply the mate made the captain then
defed him to be tied up he tied up, the cap
tain ordered the .econd to get ropes end ne
brought 1t, and the captain did like it, and sent
him to get anothor; he then went and got nftesn-
thread rope brought it, and asked the captain II 1t
was big enough he said it WAS and then he ordered
hm to FOG. The remainder of the testimony was SINH
lar to that of the former witness.
WILLIAM DAVIS, examined Was sailor en- board
the Aihambra; shipped at New Orleans; deceased
coming down the stsrboard mainrigging; the mate
called him; be did not answer; the after him.
the manran through the galley; the next witness
mate struck him. chief mate ordered him not to strike
the man. Captain out OF the cabin, and ordered
Be-
coDd mate, or carpen inter- aud tied up. The remain.
der OF the testimony was the same Is that Of the for
mer witnesses.
ANTOINE FERNANDO, steward Of the Alhambra, ex-
amintd. Testified that no liquor given to any Of
the crew on the day o! the oc currence.
The evidence Of the chief mate, taken on the pre-.
hminery examination, before Judge Belts put in.
and read to thow that the deceased logged on the
loips, and that he spoke q word while he was
being punished. The case for the prosecution here
closed.
The defence was then ope ned-the theory Of which
n ms fra mn nuado AID t,at
therefore the crime of murder could not be
II was insisted The punishment neither severe nor
iphicted in cruel and unusual manner, but in the
lawful exercise Of the prisoners authority to main.
tain discipline on board his ship The evi fence it
then stood, II upcontradcted would not be sufficient
TO warrant the jury in finding the prisoner guilty Of
granddaughter; but evidence would, however, be given
which would contradict the whole of the evidence for
tie prosecution, and show the gave great
Captains Baily, French and Marshall all sailing out
ef this port, examined, and testified that the
punisbm. mt was not severe or unusual Cant BaiIy
testified that he knew the prisoner when he was mate
in the Black Ball line and said he always mighty
respected.
II WATSON, the second mate, examined for the de- |
He described the scene between the first mate
ana the deceased in running through the galley the
deceased fell on the witness who had been at work at
the blocks; the mate ordered him get up; he would
not the mate then ordered witness pick him up
take him aft he did So and brought him the
and ordered him to 60 to his work he said be id
II he WOULD; he then took witness by the collar of the
thrt and witness struck him in the face with his fist
one blow, holding him with one band while he struck
him with tie other the first mate into the cabin
and the captain and he came out; the captain asked
could he not get along with the without quarreng
and what the trouble the deceased was lying on
the deck and the captain desired him to get up and
go to his work. he said hs would him id first; he
then Id.rtd him 10 be put in the rigging mate
wanted to have his arms tied and hoisted up; the
captain put stop to that and sad be would have no
work as that board witness and the mate then
seized him by his led him to the rigging and LASH
ed HIM up; the captain then ordered witness to get
rope; witness brought him one about fifteen threads
he SAID that would not do, and ordered HIM to get
nine thread ratp rope witness did and the rope
now produced is The rope he logged with; winners
dd rot Hog With the bite Of tho rope he one end
In bis hand and fogged with the otber witnees went
on pretty fast vet as be would fog school boy; when
be had struck about six blows the captain asked him
wbe he the eighth blow the captain again sung
out was witness cou ntiog and how many blows he got
the hrEt mate EMlred II AT be had |