The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-07
United States Circuit Court.
n.<,~a tha unn IuAuaa NaIaar Nd IA, -
BEFORE the Hon. judge NeIsOn and Betts.
IL CHARGE OF MURDER on TIE HIGH SEAS


NAY edward 7. Douglass again placed at the
bar charged with the murder Of Asa A. Hayens second
mate Of the American bark Glenn.
The FIRST witness ca lied Charles Small who being
sworn and examined by Mr. Evarts deposcd-I reside in
Yarmouth, In Maine: q native Of that state; am
thrtyhse years Of sge; master Of the bark Glenn
on her voyage from Valparaiso to New York this i the
manlst q The cargo, With my signature left Free
port on I'D July 1870 bound California on the 18th
ap i9o we l, Fan francisco for Valparaiso took in
baiiafti let Valparaiso about 2ath July 1850 for Co
qumbo and Erica; made Coquimbo f,ft: took IN con-
peri thence We went to Erica and took in Peruvian bark
welandsd $4,000 there took in 63S ccroops az Pc
ruvian bark that completed my ladiDg we started from
Erica on Goth August for the port Of New York the
witness here pointed sut the latitude sc the different
ports spoken off, this is the chart on board by me-
the entire thips company, when left Valparaiso con.
sst.d o. George MATTE, hrst mate; Asa A, Ravens,
Douglass, carpenter and seaman; Frank Holland sea.
man; Jamcs Clements, Thomas Hutchinson sam
uol Baker seamen; Thomas Benson, cook and steward
Hutchinson was boy; took all those board ex
cept Mr. Waite, at Valparaiso Mr. Ravens took his dis
charge Valparaiso after returned from SAN Francis
co, and clipped rgain there second mate our re-
turn TO New York had known any Of this crew
before they were ell strangers JAS Clements and Thos
Hutchinson the two who assisted Ia landing the
specie at Erica they took II to the Custom House and
saw 1t opened; my bark was the night of the 10th
and morning Of the 18th September last about latitude
20 south ~ or - West longitude, of the
South AMERICAS We had gone about 30 miles from
Erica that point Is di.tan between 800 and hoo miles
frcm shore we We're eighteen days OUT pursii-
ing cur yoyage for New York the great winds which pre-
vailed brought Us 80 far South have described
met with disaster; we were about J. 600 miles from
Valparaiso; the same persons have mentor ed were on
board the shp at the time; this model is repre-
sentation III the Glenn; my sta,eroom was the a on
On the stGrh'ard side; the first mates the lar
board side; the second mates the sarboard after
state room in the fore cabin the b,rths were in
the iofcaste: that is tie forward house deck the
cocks berth was in the forward larboard cabin. on
a line with the mates the firearms Of the vessel
were kept III The middle larboard state-room in the
toward cabin between the cooks and mates rooms;
they we're seven muskets ths prcduccd l. If them
there ere tive others enc out Of repair these bayoEcts
fe1 10 the nrskos; these the only firearms be-
longing To the ship: there WERE also four rifles and
pair 81 pistols board two Of the rifles kept in
tie tiNafd atboaid statc-room, next to my room:
,arnot roe.ct who're the other two kept the pis-
tos were kept in drawer under my BERTH there two
tiers 81 drawers and the pistols kept in the lower
drawer under my head; this pisto produced one Of
u, there powder ard balls there also and per-
cuion caps; the rt has pistols they were Kept
III is trunk in his sateroom; the second mate mad no
arms. to my knowledge; never any with him: |
had not mssed the rifles until after the nth Ct Scp.ca-
ler dont think had seen them since left Erica:
they were On board when VT left there yawl boat
turned ~ on he part Il the deck the Ky light ex
tending from very the nlainniast very the
nl@ermast II Mas about three feet high there
loErboat laying the forward house. Keel up: she was
eighteen or twenty etong about xix feet broad and two
and bali q three feet above the top q the house: the
ends 81 lie beat projected about three feet over
the he uei There we're tpar and vater casks deck
also the ,phrs were lashcd TO the stanchons
they to,k Up about fourteen or fifteen inches
ana '1t'rG,d to the curve Il the how. the water
casks lahed inside end TO end aud al there
were three or ftur casks Of them about three
tset in Giamcrthc others smaller ii was on the
lboaId side; there was nothing on the main hatch in
mont 81 both IL the forward doors, zach chains
piled the laI board door opened the chains the sill
being ab ut foot high the forward part Of the YES
81. nothing ,ncurblred the deck; there gaDgway
panks placed bridges passing from house on deck
TO the Other part Of the ship below male
for the ci,w; IL exclusively for cargo; there was no
occasion to below except in reference TO the CARO-
State fany;hing happened a. to the health Of your
s or any Il the ships ctEpany from the time you left
Valparaiso. objected to- admitted, and an exception
taken by prisoL,r's counsel
Witness continusd-I was taken sick about four days
out fr,m Erica; the second nlso taken sick
was taken with a venting and darrloa; the second
mate with diarfhoa alone; IL about tie time:
thought il was owing 10 q change Of air and food IL
was sitter dinner had paitakcp uf turtle soup; the
cord mate psrtook IL the same; up that
all IN good health MIR. Ilavcns perfectly well; he
wrr large. stout man-not feey but Of great frame;
= powerful man. should say over Fix feet lie was
the stout.st man II the ve~sd. by all oeds lie was
board and arbcaid Watches they at Ia the
evening" On the night cf the 18th the larboard watch
iuchinson the frst mate the Hicer q that watch
the tsrboad watch composed a. Douglass Clements
md Holland. and tile second mate; the cook (cnson)
cid hot belong TO the watch at eight in the evening s
services end d. and commenced a. five In the morning
or little earlier usually retired about cish; in the
evening rDd not called unless the weather bad,
or something occurTed hsd nothing to do with the
wateh on the night Of the 10th 81 September retired
about eight oclock there nothing unusual In tie
stnt. Of the Them the weather Little cloudy;
the moon went down about twelve that night generally
sleep with my Ian'alocns at sea; went 10 sleep
usunl on that night; between two and thr,e clock
the ming of the lsth was Weakened by tie report
inu.set sko IN. cry II muId,r; rpran from my berth,
and ran to the second mate room knowing 20 be his
voice; lrprossd that he frightened IN his sleep;
when got 20 lbs door found that he deck; 4
ran TO the door tie afosrd side; at the front 81 the
house saw Mr.. Iisvcns standing the main hatch,
holding to the "bittsr lac facing aft aeked i'm
what was The matter; he answered that h, shot
or murdered" cannot nov recoll,ct which; az that
moment Douglass and Benson raised their muskcts and
pointed them nj
Mr. Belts counsel for the prisoner objected to the
inti cdurtion 81 ali matters that bud immediate con
n.cton with tie death Of Ass A iavens The prisoner
might have been indicted Tor revolt or for an assault
the captain and this testimony would then have been
perfectly admissible; Lu; he con,e ndcd that they had no
tight to 20 into evidence q subsequent charge II indie
pend'n crime which had reference t. the death at
The .cond mate The prisoner u not charged with pira-
ry with revolt OF with mutiny, but for the murder Of
Ias,n and he therefore submitted that this evidence
admtsib. The counsel fot the prisoner did not
10 contend that the homicide was not committed;
hut they do contend that their client. Douglass had
participation In T. and therefore shen he charged
with crime which he denies. tie rro~, cuton had no
right 10 ng IN evidence a another offence With which
he u not charged.
the testimony l. competent. Al th stage 81 the trans
action. the offence had no, u completed aud the fact
.ha. We captain esne 70 ,he rescue = hls anccr and
that this assault wa committed en- him. was admissible
Excepted to-
witn,s- continued Douglass end Benson stand
ing tile staItoagd side clo~e 10 the main hatch. and
within tx O. eight feet q the door, When they presented
their fire arms IT me- ~a not aware q the trouble
difficulty uhtu that moment, ttcppcd 20 side %
the door aud vent back 60 my Douglass said, 20
lack toyour 81 III blow your hruins out - then
vent tack fer my pistols there light in the for
ward cabin; th,, light In the after cabin from the
binnaec; searched my drawer vherc usually kept my
Ere arms, aud found they gone; powder and balls
also gone: thst time heart them the
top 81 the d,tk m forward 70 a there appeared to he
more than person running. thought must get
deck ttmc way or oiAcr spgang cut Douglas mri
presented n,u.Aet a. me- and aid. - tack your
LII blow your rains out" In the act of
going out a the cabin and he sioad few feet from the
door. he had muskc in his hand. stepped bach into
my rccm he fct wtd me aud Ice td me In tho key
thu outside be THEN stopped tack aud sad II
tie others, = II h. attempts 10 cut. blow his
brains out - he (poualsss) then run for-arl a. 4
fuprcs.d. ir l lizard somc one, ard 1 supposed
Il was he, lhen felt round my fur my cuila and
found II under clothing, | then a. tn. win.
dew. snd sprUrg out upon deck thuk I'll. window
thirteen rehes ly tevcniecn: there two yancs Of
glass In VI; thrsw myself and came 20 the rail-
Ing; ~ vent cut 1 Cl4ment. standing the lar.
leaid eide Of the tieFt a. came upon my feet. saw
Henson standing the house, with spmcs hing IN hi
hgnd wbish show "a tile ke.l a the boat locked
like tho end q Layouet than hing els. the