The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-29
United States Circuit Court.
RAfArA hn

CHARGE OF HOMICIDE ON BOARD OF A MAN. or.wAR.
JAN 2s-Ihe United States Us. Frederick Frrrvkson,
young man, very small in stature sppsrsn y not
more than 10 or 20 OF given In charge 70
United States District Attorney stated the case for the
persecution The prisoner Is indicted BY the Grand
Jury for an assault with dangerous weapon q
any person committing assault with dangerous
weapon on the high SEAS shall be punished BY fine
more than three years The prisoner vas an ordinary
sssmen on board the U. 8. frigate Brandywins; she
was lying near Montevideo, about i've miles from the
harbor The prisoner 1t appears, had an alteration
with nsn named Reed, in the month Of May, 1850.
Some wtnesses state that Reed frat struck the pri-
he merely showed him. 1t win appear In evidence that
when the conflict commenced, Francis struck Reed
horror OF ali on board they found Reed . De ad man.
There were three wounds inflicted hin Zone in the
region OF the hearty and the man died In
about nve minutes. He presumed that the defence
will be, thst the prisoner inflicted the injuries in
his own defencs but it would appear that he
had no weapon. There is no act of Congress
under which the prisoner could be indicted for
duty to have preferred an Indictment for that crime
Henry W. Kelly was examined BY the District At
tornsy, and dspo.ed..I am IS years old am ma
United States ship Bransywin in May last; was in
the capacity OF landsman; shipped in November of
frigats with 10 guns know the prisoner at tho bar
knew Edward Reed present at the commence
ment OF An array between the prisoner and Reed; 1t
was on Sunday evening, 18th May, last year; Was
sitting on the gun at the time Reed to the pri-
and said, :. wish you would keep my out
Of your mouth, and at the sams time gave Francis
. shove; Francis tn en- called him a Of . b. aud
Reed gave him another shove; Francis then said,
"you -I'll your liver before die Reed clinched
Francis and both fsl over the grndstons and that's
all saw Of 1t; there had been previous difficulty
between them; Francis charged Reed with owing him
81; and Reed knocked him the gum and gave him
slap in the face; Francis drew knife at that time
Reed died in about ave minutes after he received the
Cross-sxaminsd by Mr.. Bebee.-Reed was . large
man; (the prisoner is very smalD did not knife
with Francis before Reed knoc ked him the grind
James Murray dsposed to the alteration between
the prisoner and and that be him put his
hand behind him and take out his knife they fell to-
gether, but witness did not the blows given
Cross -examined-This occurred about IN O'clock
on the second deck 1t was quite dark there were
A witness named Percento deposed to the same
facts; took Reed to the main hatch ladder.
Uross- ex amined-Reed was beating Francis at the
time; he knocking his head against roller Fran
els was mere infant in the hands Of Reed; Reed was
and inoiis nsivs lad. D'' "'A' ~1' - 4-'''
the prisoner has been in confinement since May 1850
Thomas Powell testified to the scuiiie, and to his
duced 1t the ordinary clasp knife used by sailorsD
Reed was the larger man BY many degrees; when they
fell together, Francis was under Reed
DR.. Bache surgeon OF the fleet, deposed that he
the body OF Reed; one wound was over the reg Of
the heart cutting through the cavity into the apex
the second wound transtxed the liver and the other
the left arm cutting 1t to the bone.
On cross examDs alton, the witness said he did not
think the wounds could have been inflicted by tn, de-
ceased fa ing tho prisoner while he held the knife
open; the wounds were deep the knife apparently
having been driven up TO the hlt.
For the defence, John A Barclay was called; and
deposed that he was kept here as witness for the
prosecution; within six feet OF Reed and Francis
at the time Of the occurrence there
to them; Reed had frequently aggravated Francis,
who was peaceable man aud favorte on board; has
not the flgbtest doubt but the wounds inflicted
BY the struggling Of the parties ana the two falls which
they had.
Dist,ict Attornsy-How much money has Francis
give n you lately? A.-Fifteen or twenty dollars.
Q-When did he give you thelastl A.-The day before
yesterday.
To Mr.. Msrrell-H He did not give it-he only loaned
it to me.
Mr., Bebee addressed the jury behalf OF the pri-
soner contending that the evidence In the went
to show that Francis held the knife merely for the
purpose OF deterripg Reed from asaps him and that
the Injuries inflicted by the falls This he be-
Heved notwithstanding what the doctor hid to.
The District Attorney summed up on the part Of
the people; and the Judge charged the jury, strongly
condemning the use Of dangerous weapons, even for
self defence.
Verdict guilty, with a Recommendation to mercy.
Sentence deferred