The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-15
Law Intelligence.

0ov IA - Before judges Nelson anu bctS- lne Ulal
80 ~, ~a- ---n examined for the de-
Anss.-Hss been . surgeon in the navy for about 80
ys.I. bsr, curing Time, seen great many
pupbb.d; at present. in our service, more than SO
iahss Nth cato. nips.tas are not Unlisted for
Derly punishment to much greater extent was In
nistsd never knew any bad consequences to follow
frop. 90 s.h.s man might die from fright or from
VS. in health before that dozen blows Of the rope
nov produced could cause death. On his cross OF,
snn.',p NJ .'Irrss stated tn.' sr-a, nsnss ma
taken place In the mode Ct punshing in the American
navy The nogg,pg ia not II, qusnt nor SO severe
'Slor mir shore TO the vessel after ronnd
of prostration that the pcton Of punishment would
accelerate the death Of such an individual. 49,
or fer 90 vears saw several persons who h ID been
ncVeed In the States prison IL OF onnton THAT no
immediate mortal injury could arife from being nSs
nan on whom the punishment was inflicted was In
healthy stale n. man was previously OF inte%.
produce efusion Of blood on the brain, aneu-
rism Of the heart or appoplexy II witness called
upon to examine the deceased after death, he would
lock for either other sf there causes in
diviuuals sensitive about the region the
,oins than others slight blow in that region will
therefore affect of sensitive Temperance mt
Doctor Four gave similar testimony.
Captain STuReEs, examined. Has followed the seafor
fifteen years. has had during that time frequent OPP
portupies Of seeing chsstised on board; thinks
The punisbment inflicted the deceased neither
JosrPH T. HApLEy. examined.-Is master OF a shin;
has flowed the for about sixteen years. heard the
testimony of Captain Sturgss; witness eoncurs with
him.
WM. POOR, examined.-Is acquainted with the
prisoner about fifteen years; always found him to be
quiet gentlemanly upobtrusive man; heard those
Who rallied with him speak highly Of him. never knew
him to have any difficulty previous to this.
The case for the defence here rested. The public
prosecutor then went into rsbutting testimony.
Josr w. Smith, Jr, was called bebaf OF tue pro.
seeution Witnessis physician, and practitioner in
Q.-Surpo.e a man is seized to the dead eyes of
ship, With nothing him but a cotton sbirt, what
AZ twelve blows. In fcted hfs 1os
with the rope shown to you, produce him
A-Ithink they might produce dislocation or frac-
Of the spine or rupture Of some Of the vessels
that might produce death
Q-Suppose that person, after receiving twelve
three quarters of hour, and is theh put into his
bun and is found dead in few hours afterwards
with his mouth discolored by blood, what would you
conceive to be the cause Of his death?
A. think 1t may have proceeded from other
Of the causes have me ntioned.
To the Court do OF mean to be underatood tina.
the foegpg described by the prisoners counsel would
naturally produce death. All mean to say is. that
GsoRsE THOMPSON, examined for the prosecution
Was sailor board the ALEXANDRA; saw the deceased
the day of the occurrence; saw him come down from
the rigeirg; he went forward, and was doing lob:
line he held in his hand went over; the mate told
him he should pay for IL; one Of the men sung out
that he had saved IT. the mate then called him but
did not answer; the mate after him; the man ran
through the galley followed by the mate; the witness
Afterwards the mate shove him through the galley;
the thing witness the second ate taking
him from the first mate showing him aft and he after
wards struck MIN on tnef0ce ana Knocked him down.
chief ordered the second not to strike
him again; that he would have Of that: the
captain then came out of the cabin and ordered
him to be seized and tied up In the rigging The
witness then went to describe what happened after
tbe deceesed was tied up, pretty much the other
for the except that he swore the
captain ordered the second mate to get larger rope
than the the mate first brought to fog him. and
that the captain said If there WAS any on
bosrd. he Would kin every man Of them alive never
heard the deceased spea& word after the first mate
asked him would he return to his work? he answered
HnA. hat 10 6pg nd la unrI ha..l
speak heard Wstson's testimony ye terday; did not
hear the deceased the language to Captain Ber-
trapd stated by Watson, the second mate; does not
think he did but witness will not positively that
he did not there were others of the men nearer to
him than witness.
Zone of the prisoners counsel went to witness on
the stand to get him to describe the situation OF the
Aectsed and ofthe second mate. at the time of the
Aoeepg-put himself in the position iniwhich the de.
ceased was, at the time he logged, and desired
che witness describe how the logged the de-
eeafed. The witness who had the rope in his hand
suddenly raised It, and gave the lawyer q very sound
blow across the shoulders which set the audience in
litter
SEBASTIAN SANCHEZ, examined for the prosecution
We. failor board the Alhambra; RENE N beers
the day the man was fogged; saw the man come
dow the chief mate chase him from the arboArd
to the etsrboard side, through the galley: he
next saw the second mate bringing him aft;
him shove him down, and then strike him in the
face with his fat; he then asked him to work and de.
ceased Esid mo- the captain then came out, and
would not work the second mate said be did not want
to do it, the captain then said fetch him here and
he seized and tied up; he then sous out Sailors,
sailers;'' then the captain raid " d m your eyes
what the sailors to do here he then called the
carpenter, and the mate desired him to call all hands
AFT two then went to the captain they were cry
ing to let the go; witness did not hear the
es tain speak 10 him, ask him to go to his duty;
won't swe ar that the capt did not but witness did
not hear him. he said to the second mate be must 70
and get rope more bg the rope produced Is not
the rope with which he was logged, the other was
longer and bgser
CHAaLrs Du1cAS, recalled for the prosecution -
Saw Capt Bertrand when he fret came out Of the
@ = Did the man say to the captain that he would
not ges up he might 90 and be ID
w in q great passion IS a he-he pever said any
sucb word; he could not cay it without heard IT,
vas standing close TO him.
The STEWARD, recaled-saw the captain come out
Of the cabin; did not hear him ask the man TO 90 to
his duty; the rope now produced is not the one he
focged with; it little bigger and good deal
longer; 1t was fatbom In length; heard the captain
say he would let him of if he would his duty the
man made answer; heard the captain say the fret
rope not big enough and desired him to get big
ger; did not hear the man cay to the captain, I'D
see you ID hrst;' he could not say it without
hsaIdit.
EpwARp c. ELLIS examined for the prosecution
Was board the A.hambra, saw the Hogginz, but
did not take much notice; heard them muster all
don't know what he did after the man logged
and afterwards heard the captain speak of the h1rr-
cane months, and II one of them came on what would
become Of the vessel raw Watson strike with the
bite Of the rope he seemed to strike hard close
piece Of canvass be looked miserable but did not
think there would be any thing Of serious conse-
quenee; heard slight rattle in his throat.
EDwARp MURPHY, re caled.-IIeard Watson's testi.
mony yesterday any thing he said might have been
true for ought know, was too far of at the time
WIN. DAVIS, recalled Il must have heard the captain
when he out CT the cabin, ii he had spoken to
aeceassd did not hear the captain speak to the mans
vas between them 80 that he could not have spoken
without my hearing only heard the captain speak
to him once; that was after H. logged mover
heard him ms Ike use OF the words stated BY Watson
on bis exsm u alton yesterday.
The evidence both sides here closed al the
prisoners counsel offered TO submit the TO the
jury under the charge Of the judge.
The counsel for the prosecution aseented.
Judge NELSON stated that there color to
submit the TO the jury the ground Of murder
The counsel for the prosecution assented to the
mark OF the Court, he did not think the evidences
would sustain the indictment for murder, the only
question whether the prisoner was guilty OF man