The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-07

ferent dress At little before IL O'Clock he returned
getting over the susvais Roland said CHATS the
way to do" then vent ashore to get ssgas and
had been drowned; Mr. Peterson described ths Ssrson
who showed the man overheard, and I knew the de-
scripton to be that Of the man saw soi.s lahore;
got two ocsrs and Others and they went aboard the
chip to which the prisoners belonged; went 70 the
orecssts and between decks and could and them;
for us and told the who we're With me to guard
tns ship while ! went to the station house for help;
board with US and he pointed out Royal Who wss b.
tween decks; Royal was sittisg between decks aft,
oetween Two women; then We went round sna SEQ .
mn WIN wnite shirt lying the larboard side, sfts
We only took one man Royal, that night I saw ths
osAer tM0 s<rwards at the station houss, snd
to DON -A'. "'Af' say 'nA' ssos~sy
Gross. examined Thu vessel which tbs three mem
came out Of was an emigrant ship, and had arrived
that evening with ps.engars there wore . great
many board cannot tell whsthsr there were two o.
Joshua MoCabs one cf ths oscsrs Of the First ward
police deposcd that he arrested Royal tbs
the 10th Of 0cobsr tho way station houss
he told witness that : mss named Roland had 6xht
with another the dock; I asked him where hs
was from and he tsid he was an American; I asked
him II he know anything about the being dro
ed; and he said he did not; thst man named Ro-
land had fight with some man on ths dock on their
Cross examined Il am sure whether stated In
ny former examinations that Roland said tho man
sssger; was told the prisoners discharge By
charged because the body not found at the tims
and there no evidence of the corpus diieeh.
msSum Of Mr. s,slnseS Who ss .He
an nstivs Of Sweden: arrived IN this city in tho
chip Thames; hs.d G Of the he man being dro.nsa;
come ashore; two girls and my husband were
in company Nth me: me one !. named Sarah and
. man caught hold OF my arm, and ! got
CRY; l see him in court, Identifies Roland; .
came the eide Of the brig and asked them shat
they we're doing to tho women; Jean came of the brig
G nnon him and sbortly .sr IN yss :.
the three then leaped forward to the snd OF the
dock, and and the other women go. frightened; i'm
mediatey the attacked Jean he fell PROSTATE On
the dook close by the edge but how he into the
water don't know; heard the spla.h and as he dis
him to 60 to- there vessel lying With the
bows just where no fell I'M the brig which Jean
rSsns: and kns. G him him as .uoh @ I me- never s ..1 hi.
after; he large about six feet high brown
ish hair; he was good looking fslow
arrived here 1t Is little more than i've months
Sarah Peterson, also sreds, being sworn, dsposed
that she arrived in this country Goth Sept last she
in company with the lsst witness the night In
question: they met three mea, OF whon took hold
OF Mrs Brandt; she cried out and sailor named
johnson came from the brig Thames to their Assst-
snce; he was . swsde and spoke EngNsh aud Swedish
well; johnson cried out to the men In English,
which she did not understand; he then struck ono
Of the men, aud he vas Immediately knocked
again and Of the mon struck him in the breast,
blow which Knocked him ever the dock heard ne
noise from him after he fell into the dock efforts
made by the OF the brig Thames to recover him,
but they we're unsuccessful the three men ran ts-
again they did not s,sist to recover the body q
John identifies all tho prisoners the persons
who were on the dock that night, and ons Of them
(Roand) ~ the person who struck the deceased the
blow which knocked him over. board has
Johnson since he was strong, stout man, goeA
looking and with curly hair he was one of the crow
ef vessel in which witness arrived in this country
The Court here took recess for one hour.
EVENING SESSION.
Eliza Eve Brandt, siser-in law Of Sarah Brandt an
interesting looking young woman, also Swsds, whs
t. stlmony TO that deposed to by them
John Brandt, 3 wede dsposed that he vas with his
wife and the other women on the night that johnson
drowned they were attacked by three men, Of
whom took hold Of his wife the women retrestet and
the thrse men followed them johnson then came and
and sgot up again the three mon fell bin, and
Johnston was thrown into the water he cannot iden
cupicd In endeavouriue TO protect the women
To the Judge-Canuot possibly say whether the de-
cssssd was thrown into the water by ds,ign or not
they pressed him pretty close, and then he fell Int
the water.
Peter Peterson, swed. but relation of the o,hsr
wtness OF the same name, deposed in EDglish that
the occasion in question he on the pier No 8,
watching vessel remember the uisn being thrown
into the water ,av the three women, and . man. and
q boy. coming the dock they were talking in this
s.edish Language, which una rstood. witness d.
scrbed the transaction a. d.posed to by ths other
lie
three Law hold of tn. dscea~d aud carry him 70
the sring piece the doox aud then Let hin 20 into
the water and one of them sad that's the way to de-
TIE business" witness then took hold OF both Of
them they afterwards got away from him Roland 10
one of those men caot identity the other ASKED
tn, m. when they let the fall into the ster, Is
that the way you ,ettls the business looked int
the water and could res nothing OF Joinson stopped
there TIL The police came down we,t on boara the
Charles Crocker, and saw Roland there thought he
the but did not arrest him that night peos
Of check shirt produce1l witness contuusd-I
picked this up on tn, dock rear the 'trnt pisss.
Cross. sxamined-5sw an exchange of ha. AMI oap
made between two OF the after the deceased lad
been thrown Into the water 1t was . mosn light
night, and I could see distinctly.
Mhr McDougsl was rec called-Wben Roland went
ashore that night he had hs. on, and when he re-
william Brock dspo,ed that h. kn.~ Peter Jshn,.s,
he wasa good andsbe man isr haired about 2s Of
tall round faced add stout saw his body when
dead cav IL at the dock when they took Il up H
hne day and VAS sitting at IN. dock, pier Ns
h,hipg strsng- TO cay the body Aoated from under
pier No. o. and ssid, that IT 1. the man ~ho vas
drowned from the swedish brig - II was about eight
nine days after the man wssiost.
After other testimony corroboraVe OF the otusx
~itnes'es the case for the prosecution closed /,
The Swedish witnessed, we're somewhat tedious ia
their testimony, as they spoke raois which II VS.
difficult for the interpreter to elucidsts
The District Attorney annousced to the eouasel foe
the prisoner that he did not consider that the cir
cumstsnces Of this case would warrant him pressing
for capital conviction lie die, however, think k
" ma uslaugh In the -econs third degree
This he felt II proper TO inform the counsel before
they opened their case for the defense.
Mr. weeden then proceeded to open the case for the
defen-a
sidney II. Stewart. Clerk of the Police Court
called the part of the prsoner snG depo.ed that
there inquiry into the cir cumssnces
the death Of Peter johnson u vac primary inquiry
only TO discover whether the parties could be held st
that time before the body had been discovered Peter
Pserson may have depo.ed to more than v was tsit
necessary To take down lie has no doubt the memo
rsndum produced embodi.s all that was dcPossd, In
substance, though not In detail
James fugh deposed that IL wss mot csstousrJ for
sailors TO wear such collars "a piece Of shirD asthss
produced
The Judge gave Il as his opinisn thstthis was case
OF mar slaughter snly In the fourth degree
MIR Blunt .sid that u arose out Of an stack on
female which was in Law q misdemesner, and when
death ensues from the engagement consequent upo.
that attack " murder Oar statutes, however,
have revised the Law aud they sag that vhere ths ort-
gnal act IL OF less degree of sggresson, the death
that ensues amounts TO msnslaughtsr In the first
d.ptee Mr. Blunt then entered int definition of
the sv Of mspslsughter snt illustrated What consti-
tutes that offence in the various degrees. After