The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-01
Law Intelligence.

Law Intelligence.
UrIrEp STATES CIRcuIr Court. Oct. 3l.-Before
Justices Nelson and Betts-Chas M'Vean, Esq u. s.
District AttorneyTri far Murder The High Ssss
Second dsy.-RUeH SEE, the witness who was under
examination when the court adjourned Monday,
was recalled. and his direct examination resumed
Had conversation with prisoner at different times,
after the death Of Carlyle; he first asked witness to go
hi sdeF and contre diet what the captain would say;
be wished me to say he the first in the boat,
probably the captain would say he would not leave the
vese and that was to say be did leave her; then he
talked about the captain, and said doubt M
sick the capt ain would not pay and that il would
to his side would fare great deal better than
went with the captain he also said that would have
to take oath, hut not to mind that, IL only
matter of form he also said that If the steward and
witnefs would stand by him. he would examine
the captain and the other witnesses that their test
mopy would be Of avail
Crosstromined-I have had conversations with
Captain Balm on this subject, except word or two;
be did not ssk me- shortly after the loss of Carlyle
thappepee! after we came on shore he asked me to
Gene rs winners against the mate It was before
was discharged from the ship; with two officers
mediatey on Ian ding; the captain did not tell me
what charge was made against the mate | was then
committed to the Kings county gao where have
remained ever since; the captain there a part
Of the time; never had any conversation with
the captain or any one else concerning this pro-
ffcution, except that might have said how it was;
the first conversation had with the mate was day
say anything about any charge being brought against
him In regard to the death of Carlyle don't re-
member his having mentioned his name / knew that
he had been put Oft duty by the captain, but did not
know what for in of those con versations the
mate said he would compel the captain whe n they
ashore, to pay him his wages at eight o. clock
lay down to sleep. and about ten or quarter
tf an hour before the mate called me. woke ,p and
did not zee or hear him before he called me- nor had
feard any other noise, except the creaking of the
wheel the prov of the boat in which Law was about
fifteen feet from the windass the part in which lay
tween the boat and the windlass when he came to
me, be took hold Of one of my feet, shook me- and
askt me II would take the wheel he wanted to do
job saw nothing of Carlyle after awoke went
directly TO the wheel and in a minute | heard
the falling Of the wpdlass and mme diately after the
cry Of murder Carlyle had a soft womanish voice
heard the cry Of murder about dozen times: sun
pose the cries lasted dozen times.
To the Court heard heavy splash in thewater
after which the cries of murder the kept
her course until let go the wheel and she then
preached to about point and half the vessel might
heard the voice after called the captain the voice
pretty loud after he up; say how far
the voice got before the vessel hove perhaps hun
dred and fifty yards before the vessel hove to- the
voice was little the larboard quarter; after
that it wss on the larbord bow; while we were
heaving the vessel we did not hear the voice,
from the noise made by the sails; there were
three men in the beat-one to steer, and two to
row; 'he might have got couple of hundred yards
fore left the bow called out to them that they
going, wrong before left the bow; when | called
the went towards the stern the night was starlight
there was dark cloud which covered great part of
the horizon; it did not darken the boat from view;
beard the voice about dozen times after the boat put
off thinks 1t was all Of fifteen twenty minutes from
the time first heard the splash in the water until the
voice ceased.
To the Court.-Caryle was not a very strong man;
he weighed about 24O $50 lbs; witness understood
he could SWIM heard him that he for wager;
at Rio Janerio; the first conversation heard after
was between the mate and the steward.
To a Juror-Never heard of any disagreement be-
tween the prisoner and the deceased of any conse-
quence Saw, twice, that the captain and the
prisoner had some words; the latter shut his teeth
end walked away; never raw any thing in his CON
cbet produced yesterday was the picked up /; |
did not zee the Ratchet shsrpened it wa, all spotted
with blood, and the edge of it quite bright.
Have before the Commissioners that when you
came upon deck you inquired, why the prisoner did
let dow the boat and pick the man; and that the
prisoner sps~treG You in an nsoent manner and said
he would not allow the ID s. Of q b on
board?
Al swore the same as did yesterday
The remainder of the examination objected to- and
To JurOr.-Never heard of apy Ill feeling be tween
the prisoner and the deceased the deceased was in
clned to liquor while in port but while at sea- was
to do.
To the District anorney.-The back ropes and mar
tnga.e were set up, as witness believes few days be-
fore the occurrence.
JOHN s. Snow, examined for the prosecution Was
a sailor on board the brig Col Tayoe in April last;
know prisoner; knew Carlyle; saw him that night at
IL o'clock; went below with Charley Howard; Car
lyle went to the wheel the first thing | heard was
out and put my clothes on, and so did Howard; heard
some one say the sails backed; the captain sung
out to lay aft Howard and ran aft found See the
captain the mate, the steward passenger cutting
the lashiDg of the jolly boat witness asked See what
wa the matter; he said Bob overheard; witness
jumped in and found no plug in the boat witness got
canvass gave it to the mate, be made plug and put
it in; the steward, Greenwood and jumped into the
boat nd pulled off the larboard quarter right out
to v1pdward; we pulled spell and the first time we
heard him ballocing he at the head of the boat
Greenwood took the rudder of the boat; the next time
we heard him. be was right abreast of the sarboard
side Of the beat prisoner said he would save that
E. OF 3, nor have on board man that draws
knife on me; he would knock him overheard any time
he had a mind to; asked him what the m after was
and how the came overheard? he told me be sent
him about job and that he refused to do it: that
carlyle drew he anife him. and that be knocked him
ovt1ooard with handspike; they heard more hal
looipg from Carlyle; we on board and the captain
said, You did not pull where the man was ut all
Greenwood said they did, witness told him that they
done the tet they could, but that Greenwood was at
the rudder; the captain gave no answer; we then
bosted the boat up; the captain ordered to brace
the yards and put the ship on her course Greenwood
ordered wtnefs to go to the wheel, an the captain
ordered him 10 go north half west at Wight the CAP
tain ordered him to down the quarter deck after
he bad got through he went TO the wheel again; we
heard the voice. the first time right head of the boat
we could have reached him if the boat had gone the
right way.
To the Court Thinks the voice was thirty wards
from the boat the first time the second time 1t
fifty yards the mate had no arms as witness knows,
when be was the boat thinks the first time they heard
tie voice 1t was twenty yards from the brig the Sc
cond time about forty; the witness afterwards relieved
the captain at the wheel little while after the stew
ard came with Ratchet and showed it to u.s. was co.
vered all with blood the captain See aud myself
went forward tothe rail- on the laboard side and
the back rope there two three cuts in 1.-TWO
in the bobstaysand two in the bowsprt-aud they
were spsttered with fresh blood; there nothing
the ropes that required them to be set.
Cross.eTamined When got up OF deck first, did
not hear the sound Of the voice from the water
IT was when got into the boat first heard it; heard
it soon as the boat lowered it came from the
Iarhosrd quarter about south eastward; 10 ahoRQ
yards from.fRe bowiof the boat; and a uetlS o@Cf
tic boati put "a. south east from whor6 t&o:
came 49tanlgfaken e6eut tIa5l ~
time va nap he was ed1nS ~ the wrong di.
rechon; M4 arg down; tbox0 <Was no tiller 10
the helm, -; be mt IN the beat with his
hand on xudoer; him turn II TO
The starbo boat go in n contrary
d,recuon; Ioo~S4AI44 ing else that would