The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-13

and the three sailors Does not remember whether
the cap,ain was on board bet ween and O'Clock
that day The captain came on board about half
past o'clock, when the vessel was about TO sail
Did not see the captain come on board at any time
that afternoon. Did not see any one come on board
that afternoon. Does not recollect when Mr. Cole
man, the mate, came on board.
Blu Commissioner. Was the passenger called toI
any purpose during the passagei
.4as.-He was not
Quss-By what name did he go on board the
vessel?
.4ns.-I do not know [Great commotion.
Mr. Cohen.--lt is my wish and intention, as the
testimony is taken down, that the witnesses shall
have an opportunity of explaining their testimony
BIZ Mr.. Umfeid The passenger took his meals
with the captain, mate, second mate, and mother
passenger Witness served as steward on board
the vessel Never observed the captain and the
passenger conversng together.
Blu Mr. Dutour.-Mr. Coleman the mate, was
on board at o'clock, p. m, when the schooner
left He was on board at S o'clock Witness was
walking on deck, forward, when he saw Mr. Cole
man at 5 O'Clock Coleman, at that time, was
giving orders to the sailors. Witness was in the
caboose when Coleman came on board that eve
ming. Witness was alone when Coleman came on
board.
Mr.. Colens here remarked to the court that the
prosecution had no right to assume facts and ask
the witness questions upon them he dId not
think il a fair way to cross-examine witness.
Mr.. Dufour denied that there was any thing I'M
fair in the manner of cross examining the witness,
and that there could be no misunderstanding about
It,
Mr.. Larue quoted from Starke that facts could
not he assumed which had not been proved.
Mr.. Dufo,r.-Mr. Coleman has stated himself
that he was on board therefore we do not assume
any fact not proved My question is, Where was
witness when Coleman came on board'
The Commissioner ruled the question should be
put.
The witness answered he was in the caboose.
Cross. examination restmed.-Does not know when
Coleman came on board Does not know if it was
before or after sunset when Coleman came on board.
II was about night-falI. Does not know where
Mr.. Coleman spent his evening. There no
body on board from the time witness came on board
at o'clock, until sunset but witness and The three
sailors. Witness was here again asked the ques-
ton, and told not TO reply without he understood it.
He again answered the question in the same way |
Witness did not converse frequently with the pas
senger-the only conversation witness had with
him, he told witness he was going to collect IS, 900
at Havana. Being asked how the passenger came
to tell this to witness, he replied the passenger
asked witness how many days it would take to go
TO Havana, and witness replied he did not know;
and then it he told witness he was going to
get the money Witness was near the caboose
when the schooner sailed from the wharf at the
third municipality. Witness did not see the pas
senger come on board. Did not see the passenger
that morning. Did not see him until they got two
miles down the river.
Direct examination resumed.-The mate slept on
board the night before the schooner sailed. Did
not see the mate leave the vessel, or go on shore.
A motion was now made to adjourn, it being 10
o'clock; when Mr. Dufour proposed that the wit
nesses-consisting of the crew of the Mary Ellen
should be kept in care of the constable until to-
morrow, at 10 O'Clock.
Mr.. Collens objected, unless that all the wit
nesses should be imprisoned.
The court said it would then prefer going on with
the examination, which the counsel agreed to-
New applause.
X. Smith s,oorn.-Was employed on the Mary
Ellen during her last voyage. We took one pas
senger over to Havana. He spoke the Spanish
language. He had on a coat, black pants, and a
white hat. Witness first saw him for the first
time in the cabin, after the vessel got under weigh
He was sitting chair when witness first saw
him. They had left the wharf about half an hour
when witness first saw him. Mr. Robinson was
in the cabin with him.
By Commissioner.--If Robinson was the name of
one passenger, what was the name Of the other
.9ns.-l don't know.
Witness saw the passenger afterwards come on
deck. We went out the S. w. Pass. The pilot
came on board in small boat, which was towed
alongside little ways astern, until went over
the bar dhe pas I at that Time Ee' ~ s dock
treated ~ same as aay other passenger. We were
eleven days on the passage. We remained in Ha-
vana FIVE or six days. The passenger during that
time was on board. When we left Havana the
passenger was put on board the Andrew Ring. Wit
ness and one of the sailors took him on board the
Ring. Witness is second mate of the schooner
Mary Ellen. Has been on board nearly three
months. He finished loading the vessel on the Sd
Of July, in the daytime. On the 9TH instant we
took cask of ice on board. We took our stores
on board two days previous TO that Don know
when the box of feathers came on board as he
took no account of cargo. The mate kept the ac-
count Of cargo.
Characterization the 5th of July the mate
on deck and witness was there the most Of
the day. The crew was not there all day-we had
gwen them liberty to go and get their clothing
The captain that day was sometimes on board and
sometimes away. Witness went on shore a little
before sundown the day the schooner left, and was
absent about half an hour. Witness was ashore
once or twice before that
Witness had been on board nearly half the dav
when he left TO go ashore. Three Of the sailors
were on board with witness, also the mate and the
steward These men were on board after shutdown
Witness had been ashore of end on, two or three
tunes. The men were not on board before sunset
The steward, Domingo, on board the whole
evening, before and after sundown Don't know
II he was on board at 3 O'Clock. Coleman left the
schooner several times the day Of the sailing Of
the schooner butdId not during the early part OF the
day. Witness sometimes below and some
times on deck The captain came on board lust "a
the cook came on board. He had been on board
two hours before. Saw no other persons on
board that afternoon but the witness, three sailors
and the steward. Coleman, at tmes was some
times forward and sometimes aft The witness
here asked II he did not obey the orders OF the
mate and act as his aid de-camp. The witness re-
piled, mo, SIR, there is camp aboard OF ship 1"
Ia laugh
BY Commissioner.-The passenger had no bag
gage that the witness saw. Witness was chock
forward when the s. hooner was leaving.
BY Mr. Hnfeid.-The passenger dined with us
Never heard his name called. Has seen Domingo
and the passenger frequently talking together--eye-
ry day
The passenger laid down and got up whenever
he liked, and saw the passenger talking Spanish
with Domingo, the steward, every doy. Dpn't
know by what name the passenger was addressed
when spoken to called to his meals Never saw
the mate talking to him. The mate only speaks a
word or ~ Of Spanish.