The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-15
any he had better give them up quietly he then gave
INC two papers, the papers produ those gave

any ne had better give them up quietly he then gave
meo papers, the papers produ Iced are those hs gave
Mr. Donobus on part of the prisoner objected to the
aasinst Johnson as the prosecution had net PRO Yea
that he knew anything about them
evidence. ~ against the ship 20 show IL shs wss
SLAYER The prosecution must show thi. ship wss
affect the defendant yet for he mar hsy. hssn No.
norsnt OF the fact '''A .
Mr. Everts then,rssd one Of the paper, which wa. .n
undertaking to pay 10 Capt II Marin, ths was was an N
enc hundred dollars per month, for such tine "a he
may be engaged as master OF the ship Martrs of New
| York, with commission Of Ave per cen. on the net
proceeds of tho return voyages the wages Capt Msr
rl to continue up to tho time OF tho return OF the
Martha to the port of Rio de- Janeiro IL was dated
April IL 1850, and signed Joshua NJ Clapp. Irhe
paper did net state where the Martha bound
what her cargo was TO consist OF
| Witness continusd-I sent these papers and the
writing desk board the Perry and received diroo-
to remain on board the Martha all night and he sent
me sufficient men to take caro- Of her there
about thirty fve men OF the crew Of the Martha tho
Martha and Perry remained alongside Of each other all
night was then sent next day to New York In charge
ofthe Martha, with Capt. Merrill and his crew, ami
second lieutensnt the prisoners behaved generally
very well on the voyage home; delivered the Msrths,
and have remained In this country ever since. O :
what is the difference between the eeot Of the Bra
Africa A-By hosting the Braaiiisn flag shs would
have been protected from alton by an
Englsh vessel; by hoistipg the American dag. she
would be protected from the examination Of Eng
r. Q. Neibur, the registering clerk Of the custom
house deposed that the book produced IL record
ships registers kept at the Custom House Witness
House
Lieut.. Rush was recalled and, being cress-sxsuusd
byyMr Donohue, said had never been the coast
Of Africa service before that voyage was on It at
that time bet ~een ave aud six months was not on
Ambriae several times; how often We anchored there
can't say; was ashore there frequently; while
there never = saw any slave ship; never took any
know Ambrize to bo . slave market from common
port; honest raiders occasionally anchor there. be-
lievs should say We overhauled at least Elk Amsri
vessels while on that oruiss; the Brazilian lag
was hoisted to the gsf small spar attached to the
500 yards from tho Martha when 1 left in the
boat to board her had about six In the boat;
this Martha carrying ship blr-t bows, old but
had good bottom; DO not know .nythinx to the
contrary that the American flag protects vessels from
bei1g searched by English crnizers; | heard Of the
about three weeks ago, having been boarded by an
English vessel on her voyage
To Mr.. Everts.-The Perry bore q strong resem-
bance to several EnRlish oruizcrs along that coast
ss TO size SC there was an American soop Of war,
my cruize that coast three English brgs and four
English steam vessels Of war; the Perry is Amvr-
can brig OF war; the register in the Custom House
book agrees with my reooil sotion OF tn. Narths
James Fsiro~l. examined by Mr. Everts deposed:
My occupation is master OF ship; phisdslphis is
my place OF residence; knew johnson siuos 1919;
he Joined me on 18th January. 80, on a voyage to
California be was Rio Jsneiro about the
Oross examined johnson aud had difficulty; I
applied to the consul at Rio ts protect the American
Dag, and be discharged Johnson
Samuel L. Crapp, stove manufacturer. of Philsd.l-
phis deposed that he knes Johnson; got aoqustuted
with him three years ago in Phnsdelphia; he has a
wife ana ten children his family In Phiadelphia
Richard Boinion dspo.ed that he knew tho ship
Martba he repair-d her for Mr 5st.r the owner the
ship brought into this port by the navy officer the
ICross es,uned.- when witness repaired the Narths
she vas bound tor guano; cannot ssy whether II was
for the Pacific coast or not.
gilbert Latham drposed that ne has the ship
Martha In the Atisuic dock there are t~o or three
vessels CT that name.
ted States d-posed that he went on board the ship
Martha whsn shs arrived about mile from staten
she WAS got OF. and brought to the Atlsutio docks
che had leo watsr ca.ks 90 20 bags OF beaus and
rice. and fsr ns and some Of bread; tsw
Of the water cGskswere empty but the greater portion
OF th'm were fuli; the Martha and her cargo we're
| Mr. Everts then offered, In evidence the decree
against the vesssl in admiralty as testimony of her
Mr., Donohue objected but the Court admitted the
record and counsel excepted. The record suose
quently put in evidence
John Gilbert. native OF Calcutta depossd - was
IN Rio In July, 1919; remained there till the 5th of
August, was there again in February, 1850, have
Johnston in Parinsgus and in Rio have been
the coast of Africa: Ambrize Ia place for slsvers;
was in the brig Ramon de Zsgo; she went from AM
brre to the River Congo, and from Congo to Cabnis
800 slaves at Cabida but and three other. then left
the vss'e aud We got back to Rio In one OF the vessels
Of the same establishment which had shipped the
slaves; cav johnson on boa-d the ship Hannibal at
Parinasua; he was chief mate of her; had oonyer
sstioniwith Johnston at Rio asked him what sort OF
voyage he had vita the Hannibal; he said he had
iul cargo and made good voyage; In February, 1850
the chip Martha was In Rio; worked aboard OF her
for few days. did not Johnston on board OF her
during that time him on shore left the Mar
tna because they would not give any satisfaction
whore she was soing; they said she was going on
whaling voyage
Gross examined by Mr. Morrill,. Did no, see any
bills up advertising the Martha for voysgs to Cali
iornia
Mr. M"rril opened the case for the defence, aud
then proceeded to examine james Steward, VINO de-
posed that when the Martha within gun shot Of
the Perry she Loisted the brazilian flag upon which
Johnson the prisoner said he would have nothing to
| do with H.
on cross examination the witne. said n. Il pri-
soner but does not know hat no Is brought here tor
joined the vessel at Parinagus; seventeen OF the
Joined there at the time and fourteen cane
sfter-ards; went as q passenger, and was to work
they TOOK about $50 cssks Of water; Merrill was cap
tein, and johnson vas mate did not kuo~ 'tili
after seized that bound to Valparaiso.
Mr. Douohus then summed up the part OF the pri-
soner coutending that there evidence to prove
that the Msrtbs, which vas owned By . respectable
merchant OF this city, vas engaged a. SLAYER that
the cargo intended for the ship going on long
voyage TO California, and that farins beans rice 40,
was not an illegal cargo to have on board lie tur-
thar oonendsd that the prisoner started from phils
delpbs with the intention Of gong voyage to Ca
| lnsrnls
Mr. Everts addressed the jury on behalf OF the
United States rsviswng the evidence and contendipg
that tn. nature and character OF her cargo, which
consisted only of provisions. and not goods OF con
merce Was strong proof OF the purpert OF the voyage
which che bound Counsel In tn. course OF his
observations, admitted that there nothing In the
evidence 70 sho~ that MIR sout.r, tee ner o the
Martha, Who IL arespsctshle merehsnt OF Nov York,
vac cognzant OF the weasel bsIpg engaged In the slave
trade.
The Judge then proceeded to charge the jury clearly
| captivating the evidence, and defining the lsv,
which subjected parties In teackiny In slaves
to penalty OF not less than 81 O01 and tso years i'm
prisonment. The allegation In the present case 10,
that the ship Martha engaged In ths slave trade
and that the prisoner employed board that
veesel The record Of thu conviction " the Martha
IL brought before the court which s OF itself sun ent
evidsrce that she engaged in the trade but IL IL
net su eient TO shos that The prisocer cognitsnt
OF the fact that ehe engaged Tbs District At
torpey hss ho~eEer Into other evidence TO shor
her condion and oircunastsncss aud TO establish the
fact that the prisoner hnsw the character OF the
eel. Bis honor the judge CONTINUED at considerable