The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-02

UNITED STATES DISTRICT COURT.
Before James w. Metoalf ESQ


MARcn The United States rs. Bexjamin Boyd
Mrs Colby, wife of the captain; Mrs. HILL wife Of the
are supporsd 20 be lost. were in COURT
MT summers stated that the prisoner was charged
With larceny and Il vas proposed to let him tell the
Mr.. Bsbse, on behalf Of the defendant said he was
perfectly willing to allow him to be examined BY the
benjamin BOYD was then sworn.
Mr. Summers told him, he the defendant In
this case he might decline answering any questions
Witness then deposed that he was sscosd mate on
board the Rhode Island she sailed from this port
the 2sth Of January last CALIFORNIA; left the vessel
on the morniDg Of the 18th Of January Captain Colby
was the commander the first mates name was Hill
night her engine got out OF order in lat 81 80 lon II
there was strong breeze blowing, and the ship was
making water FAST the engine broke down before that
We had two pumps going TO keep her free; We had no
other way Of pumping her except BY the engines;
securing the wheel ropes the passengers launched
boat the launched boat was slowed which left only
mate sung out it's ali now, take the boats
take TO the boats" there were fourty four persons
to get ready for the voyage, intending that the
captain should take one Of them, aud Mr.. Hill the
and launched it; and all those that were saved
got into that boat; the lady that got into it was
lowered by rope we remained about fftsen or
twenty minutes alongside the ship after the boat was
launehtd; were bait hour sight of her; about
one o'clock on Iuesday night the engines stopped we
left her about two sclook; before We left her. deck
plank parted xbaft the engines the hog fraue (ths
large centre BEAM also started before LETT; there
was nothing Iaid Of sail being in sight At the time;
there was schooner the that aterw pic ked
us up in sight Monday; the captain OF the Schooner
knew US when he took US on board; 1t about the
we had given the idea of going to California en-
from the condition Of steamer; don't think the
captain was en- deck when the schooner seen In
sight the mate aud looked at her through glass
81 the time the gines got OF order the captain
was aft, and was with him; the captain cent
down 10 the engine room TO II the engineer could
not get more steam on; ted the captain could not
ind The engineer; had to hunt round the ship for
MIN; the captain then gave orders to get boats
ready; he gave the orders to an the sailors rouna
eleven men got in the boat about the second or
third last man that got in; there was nothing m ere
than sailors cothing cask Of water two qusdrauts
Q compass six hams, and some bread and cheese pat
into the boat the prov,ons we're put in the boat by
the cook and sailors; man by the name Of rom
Dowte put the two qusdrants in the boat; left
on board; the last sight raw Of him he had box Of
me; do not know Co whom these qasdrants belonged
have teen the captain and mate use Qusdraats, bat
who those belonged to cannot say; don't RENE ber
stating to any OF these ladies present that did not
know who put the Quadrsnts In the boat; NAV have
said SCI | said ! should keep the qnanraoss until
to either the captain mate; believe they
In the possession Of Mr. Charles Carroll; never said
would not give these qusdrants to Mrs Colby Mrs.
Hill but that would give them to Capt Colby or to
Mr. Hill himself; said that the steamer was breaking
gave him the qusdrsnt. that they were not nine and
for him to give them to the right owner; told Mrs
Hill and Mrs. Colby that would send the quadrants
mp to them when they swore they their property;
Mr.. Carroll told me that Mrs Hill appeared to i'd nifty
one, but that Mrs. Colby did not identity the other
the after part Of the guar rail the the
time We left the vessel do not know where the cap
tain was when left the vessel; saw him about Eve
about him. saying Captain won't you save me,n the
captain spoke to me and answered him, when was
To the Court did not see the vessel 20 down.
To Mr. Beebe.-I was second mate, and had command
Of the boat; the captain told when In the
boat, rot to keep the vesse sung out to those
II a uad
rant to Dowse, but do not know what he did with 1t;
there was great deal of confusion board ct the
time.
John Davis examined by Mr. Summers Il was FIRE. |
man on board the Rhode Island at the time Of the
The Court said that II was not necessary to 20 over
the tsme evidence The prosecution might save time |
by conhnpg the case to the charge Of larceny the only
charge before the court.
MIR. Summers replied, that It was the object Of the
District Attorney not only to lay the circumstances
the clearly before the public but to satisfy the
minds Of the friends and ielsrivss OF those who we're
left on board From the affecting niture of the
timony which bad come under the ccguizsnce Of the
District Attorney, suspicion bad been created
that the vessel unfairly dseerttd, and that foul
play had been practised towards those who were Left
The Court said that upon the pte.ent warrant, the
emily question he could try vas The charge Of larceny
anu without the consent Of the counsel for the defend
ant ne could not 60 into the nader.
Mr.. Besbe had no object In concealment, and he |
Was too ridiculous try And prove that eleven
persons were guilty Of committing foul play the |
weterrg in their blood on bosrd this vessel IL is re-
prthensibe the part Of the Authorities send forth
to the wert and the press that this young man, the
defendant, should be charged with such crime, or
With the crime Of lsrcesy when there no con.
ceanent whatever Of thos. quadrsnts.
Dir. Summers eoDeDded. that IL but right to ad-
NIT the investgation for suppose this turns out
ihe Court-wsll cosld not commit him on thi,
warrant; have nothing to do with any charge but /
that Of larceny.
Dsvis's examination sontinued.-I saw one quadrant
int boa nfatr.
the passed IL In, sDd it slowed In boat;
did not see another in 10 at that time two quad
rants when We Sot apngsde the schooner; | cannot
say that ts~ thoss quaarants in the possession of
Boyd
Mr. Bssb..-ws have admitted that We we're in pos
witners.-Nr. boyd took charge of tie quadrauts; I
do not Know that had ever s,sn them before. BOYD
told me In New YORK that two ladies had claimed the
quadrants and be ssd he would give them to thsm II
they proved the property.
To Mr.. Bsebe- Boya the oficer In command Of
Robert Boylss Il man OF color III vas cook on board
the khods Island vessel left her, In company with
the second mate. In boat, saw the quatraats In tho
boat; saw the captain psss Of them ints IN. boat
belisy. the second mate took charge Of them
MIR. Summers then proposed to examns Mrs. HilI,
as e. the sdnstions Of the defendant and By
Of counsel fSr Boyd, IL was admitted.
Maria LoGiss bi then disposed that she the wife
OF the hrrs Of the Rhode Island and In an inter-
view With BOYD the accused he said that
helonges 70 cartain Colby aud Mir H witness iienti-
bed her husbands; the qusdrAnts have not bee sent
20 her or Mrs Colby since; on the following Monday
the saw Mr. Bsyd again. and he said he wOuid ssni
them uy but be has not go nor have ~e got the m
thoughws went three times to Mr.. CAROLS boarding
hoOse fok them.
Mr. Summers ssid there were other witnesses in IN.
care but they we're not then present. and he therefore
bee geo an adjournment.
NJ. B.ebe objected to adjournment; there vas no
evince OF larceny against his client and he (nr
bad had the pleasure Of knowing b-th Capt Colb,
ana Mr. hil, be would be the first In the comma-
ntniiy 70 ferret out any foul play N h. believed
syy had been pIsetissd towards them Mr. Beebe also
fA,r ne ava not 81 dss AIR Of seeing thes both
Tie Court ssid that the defendant must he Dis
thafgsd and refused TO sceede TO Mr. Sumrners; sax
ses'On, that he be set at liberty his own reoosn-
The defendant vas then discharged aud consented
10 cell ON the 8 District Attorney ana to h. furtnsr
eAsmned by him on oath, respecting the whole cir.
e1nslsnses Of the sreck Of the steamer.
Movements or Individuals.
. Hen David Stewart Baltimore Hon. 4. Granger.
NOD hepry Nlcol LS.t'ov. Young. Ne~ YORK. Lieut.
u v. Mcneil, :. A, have arrived at Warrington.
w. Meryins, L. s. ", has arrived in this city
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