The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-24
United states District Court.

BEFORE Ju086 6otts
March IS - Trial for Aanssug hter.-Joseph Ry der,
second mate Of tho snip Rose,us placed the
. chsrge Of homicide the high $685. BY kisk,pg
and striking Philip smith, 9 eOlorsd seaman, ON tho
10th OF January ast while the vessel the voy
sge from Liverpool 10 this port Of which Smith died
JAMES RosNsoE (color~d) examined Was In the
ihp Rosc,us ON her last voyage from Liverpool to this
port; knew The deceased; he was also In the vessel!
knew Ryder, the prisoner; he second mate sad
when Ry der BEAT the de ceased about IL O'Clock
at night; does not remember the day; Philips osme
down about O'Clock; he Was not vol, his feet we're
swollen and be could not get bis shoes Of aud he had
to sit them down; went to bed when tho IL O'Clock
watch was called he could not put them and he
fit them down again, but could not get them on the
priioper came down about IL O'Clock ana called the
deceased to come up; Smith said he was not able to
go; Ryder said he must Smith raid he knew he
do - he liked, but he was not able to 20 ON
deck Ryder then put the lamp out Of his hand,
while he lay in the hammock; he continued TO Kick
him for about ten minutes Ryder had boots on his
feet he Kicked him In the left aide Smith fell Of
the hammock and afterwards sat on . barrel and
Ry der again kossd him; he continued, should think
this time to kick him for about fifteen minutes; Smith
said to Ryder . You are using me very cruelty, aud
when We 90 to New York, viii make you pay for IT."
Ry der raid oh, are you one Of the make pay
b- II 20, you'll pay for tbst;' Ryder then took the
lamp and went on deck, frat telling Smith he would
give Ave minutes to bs behind he also struck him
three times with bis dss, whis he the barrel
after The kicking, Smith began to spit blood no also
psssed It downwards; Smith confined to his han.
mock from the time Of the beating until he died.
NO marks OF the beating his person; with him
: the time rom the night no wss beaten until ns
that Smith Ill with ssntery before he beaten
but never panied blood to his knowledge.
ABRAHAM TINeLE, loolofed) examined Was In the
Rosciut before the mast her last voyage from Liver
pool TO this port; do not Ry der kick Smith;
Smith the morning after in his hammock; he oom-
p'siDed Of being beaten on his side and breast.
PRIosERs Council objectsdt to this line Of examine
ton. twas stopped by the Court.
WIrrEss, In oonnpustion-He had tns dysentery
bad this ed fune fror
the beating until he died, which was on the 9Th Of
January; saw him spit blood after the beating;
no brures ON his person after he died; he light
MARY MCGUIRE. examined Came from Liverpool %
Smith the dsosssed; knows the second mate; the
dculty between prisoner ana the decs sssd; the
prisoner strike decreased with his hand; he kicked
him did not see the prisoner strike or kick him only
when he the aoer; witness did not the pri
sontr come down; che aslsep heard . notss, and
vas a~oke by It; have toio you already what saw
the preoper doing when swohe; don't know how
often be Kicked him; Philip ssid he would make the
1seond mate pay, a. soon Is they got to Ns~ YORK.
The testimony OF this Witness either from her stupidity
or from an unwilnspsss u testify, not material
The Court ordered her to stand sside.
JosHuA BrEreH, (solored) sxsminsd-Wss in the
horeius before the mart knows the second mate; also
knew Smith. the oecsssed him after the difficulty;
beipsd to turn him hn hammock; he taksn into
the forseate about three four dsys after he WAS
licked he complained his side and whsa assisting
him TO the fcreosstIe, he desired witness 70 nd his
sios; he appeared tn be In great pain.
After the txsmin this witness vas hnished,
the care for the closed Prisoners eoansel
then opened for the defence. and called
Captain ELDnIDeE Of the Roscius VINO testified that
be master Of the ship Rotous on her late voyage
uou Liverpool TO this port the night In quss hon,
one Of the mates coppiansd Of the dsorsssd 6rss
low witness cent fer him to know the reason he
came and sstc he vas 20 badly afflicted With dyssntsry
that he could Dot go siot in furling the sails
witDsss then directed him 20 below until he was Bot
he made other paint 1t that tine d,a not
see him afterwards medical person board attend.
20 - and prescribe for the deceased only heard
b. nit hSea sh.s