The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-22


evidence upon which the government rested prove
the conspiracy and first named the letters writ
ten from time to time by Crafts to Captain Smith
urging him to the loss of the ship He further
stated he should prove that Wilson at the request OF
Crafts left Boston and visited Savannah arrage with
the captain to lose the ship The government would
submit the policies Of insurance on the ship and
freight That the Ship insured for $4,000; that
she cost 5000 and would not have brought 81 .OOO
The insurancea as per policies freight money from
London home was IS 900; and would show that the
actual freight was not half, making an excess
Of on ship and freight list at least $4,000 Mr. Put
nam next gave history of the ship Franklin, from
which 1t appears that she was built in Newbury
State in 1882 and consequently II years old when
lost Wilson bought her in 1916, for s. 900 and gave
mortgage for great portion Of the purchase money
Repairs put upon her Crafts advancing the funds
and he took second mortgage upon the ship for
$1,000. lie then went to state the the
ship standing and the peculiar circumstances at
tending her appearance upon coast and remarked
that testimony would be introduced to show that it
would have been perfectly impossible for the ship to
have cleared the Cape, standing the course she was,
and that there could have been no ignorance Capt
Smith, part regarding it; and that the ship east
away Intentionally Having thus briefly stated the
Mr. ISAIAH HArcu of Wellfeet was called, who tes-
tilted to the finding of Captain Smiths valise He
said that he heard of the wreck of the Franklin the
LIST Of March, and that the cargo was all afoat the
beach, four miles from his residence; went to the
ground with his brother; something like a keg
hOating hooked it in it the valise in court
carried it home; unstrapped and overhauled it with
my wife and daughter; took the papers and clothes
out; gave the papers to my wife to dry and open
identifies the clothes and papers, including letters
thirteen in alD-after reading the papers second
time, concluded they Of suspicious character
and that they ought to be shown to the underwriters
about the 4th If March, delivered them to Captain
Ebcnezer Davis; have commanded small craft on
that coast sixteen years. sandy bottom and good hold
Ing ground unless the weather be unusually severe;
sixty fathoms chain would hold 800 ton ship with her
best bower as the weather then was; current good
deal stronger to the southwark than to the north tide
three knots to the south hour; would allow
to clear Of Cape Cod latitude A. to steer high
n. W., and allow half point for variation.
Cross-eramned.-Wi from n E. weather mode
rate some days before there good breeze current
is very strong when the wind is to the north, and
blowing along shore with ebb tide at the time of
the wreck wind had been from the N T.. about eight
Nays; ships have been ashore all along there several
times; the Franklin was ashore about half mile
southerly Of the spot which the British was
ashore and six or seven miles from Nausett light had
the Franklin gone six eight miles north, she might
nave cleared the Cape if had intended to go ashore
would not have heaved out anchor to deter her; /
would cable and got ashore the way to
life and property; would not have had her drag
ashore if there was not wind enough to run her up
high it the best way to keep her off by using the
best bower and other anchors too; the breaks at
about 100 yards from the shore at half tide.
Mrs ELIZA HATCH wife, and Miss MINERVA HATCH
daughter, of preceding Hatch testified to drying sepa
rating and opening the papers and letters brought
home by Mr.. Hatch
CAPT EBENEzER DAVIS agent for some of the offices
testified to receiving the valise and contents from Mr.
Hatch. Examined as to management of a vessel by
should allow two points for variation of compass and
in draft and steer N w by W., to keep clear of the
coast No difficulty in holding there if the anchor was
clear, if the wind slight allow for sea; in
fathoms hundred fathoms scope may be given to
vessel and she wouldn't tail on; if | found she wa.
striking should slip cable and give her Il rising as
soon as possble the surest way Of insUrpg the dc,
struotion ofa ship that bar, would be to hold her
after she touched,
Cross-e1ami"td -Have been all agent two years
nave Slary from the board of underwriters there
means by which master may know the rate Of the
southerly current it is customary, presume for cap
tains to make observations when coming into the
southerly current to ascertain how fast it runnng
upon finding approaching the shoal, should pay
r,ct, fnrfv -Gvn fa thnnc ata atn
twenty fathoms would hold her If expecting wind
from in shore, there might be difference Of opinion
about the auantity of chain to be paid OUT know the
coast WELL that know in fahOms 100 fat hons
may be given anywhere along; reside in Truro, adj
joining Wellfeet, about six miles from where the
Franklin was wrecked; the ordinary rise and fall of
tides there is eight ten feet after touching, |
sure should have slipped cables and her ashore;
l give this opinion on the ground there was no wind;
IKE current would affect her heading way or the
other should have allowed her to get ashore if
she went broadsde on, in preference to having her
to run her bow on; if she humping and lifting.
think she wsuld have gone the bar; if relieved
from the chcOk Of her anchors although they dragged
they would cheek her good DEAL believe the ship
Cactus got ashore very near that spot within two
years; the brig David Pratt is now ashore off Orleans
miles from the Franklin spot no great delay i'll
unshackling cable.
Thomas HoLnRooK, of wcllacet, identified the con.
tents of the yalse for days before the Franklin
ecnme shore, wind n. f., moderate breeze;
into my possession brought from the stores
of the Franklin barrel Of branded beef" it
was to be sold at auction while the sale
going on it was opened and found to contain hard
pentinc
At this stage, the Court adjourned till Thursday
morning-Boston Journal! .4prill9.
[Thc trial is proceeding. but the evidence had not
urther developed anything very Important
VERMONT LICENSE LAW SUsrNSED.-A most interest
ing says the Montpelier Wachman decided by
the Supreme Court last week involving the constitu
tionality what is called in popular phrase, the Ii
,cense law The opinion of the court delivered by
Judge Kellogg The referred to that of Ban
croft & Riker Julien Dumas, being an action of
book account. which submitted to an auditor who
returned special report upon which the county court
rendered judgment for the plaintiff, dsaowing, how
ever portion of his account 1t appears by the report
that portion of the account consisted of charges for
ardent spirits sold by the plaintiff to tho defendant
between the 9th March, 1876, and 9th of April 1871
amounting to the Of Sll4 49, during which time
the plaintiff had license authorizing the sale If pr
itous liquors. provided by the license law Of 1871 and
1916 This portion of the account dsaowcd by the
county courts The decision of the county court is
sisted upon two grounds Il That the laws of 1874 and
1896 relating to licenses unconstitutional and void
q That If the laws constitutional and valid. the
sale of the liquors without license, would only subject
the plaintiffs to the penalty imposed by the statute,
and would constitute objection for the plaintiffs
coyery Of these items. Judge K goes into lengthy
view of the the result Of which is that the judg
1nent of the county court must be affirmed.
AFFAIRS IN CANADA.-The following appeared in