The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-06
u. X. Clrcuat Cnut.t.

which will be found in another part Of the ii,ycn
Charge et Mntiny and Mnder he High Seas.-Ed-
ward l. Douglass. James Clements, and Thomas Benson
(colorcd) indicted for mutiny board the Amer-
can bark "Glenn, and for the murder OF Asa A. Ia
yens the second mate Of that vessel the 18th Sepcm
Der 1850 ON the high seas and within the jursdction
,f the United States The indictment contains
counts and the prisoners each charged princi-
pal and an alder and abcttor the others. Doug
lass Is tall decent looking young apparently not
more than - years Of age Clements is rather msera-
bic looking youth Of bout 70 aud the black prisoner
low sized stout built somewhat copper coorcd also very
young in appearance. None OF the prisoners indicate
any peculiarly of expression or feature which would
lead To suppose them capable of the horrid crime
with which they charged; the contrary, they
mild looking young men. The mother Of the prisoner
Douglass very gcnec looking womsn atircd in deep
mcurnng-was in Court
The acting District Attorney (slr E,arts) snid that he
proposed TO g with the trial Of Douglass first
Mr. Gcts. of the counsel for prisoner, applied for
postponcment of the trial Of Douglass for few days,
in consequence Of the absence Of three witnesses resd
ing in Jackson. Michigan. who perhaps detained
by the effects If the storm Lake Erie. The motion
nrdo on the affidavit Of the prisoner.
Mr.. Evarts and MIR. Ogden Hoffman, representing the
government, opposed TIE application. The Court h,d
decided that the prisoners should be tried separately and
the government thought il important that the trials
should be taken in order that u Dous lass being first IL
the Court grant the p'stponement Of the trial Of Douglass
IL must necessarily involve the post of ALL unless
the Court disposed to divert the order of the trials
which the government on advi'enen have deemed
per Counsel did not ider the affidavit ,stpone
ment sufficient The murder ! alleged 10 have been com
mitted the high and those three witnesses
probably ten twenty thousand miles away from the
st the tinc their evidence cannot amount To
than testimony n to good cbarscter
Mr. J.. H. sheppard on behalf Of the prisoner, urged
the poftponcnent. H. why the trial uf
Of those prisoners should proceeded with before
another the prisoner knows exactly what these witnesses
testify to and council not bound TO disclose it,
lie continued to contend the necessity Of having those
witnesses in attendance aud that the prosecution had
right TO conjecture what the nature of the testimony H.
Amer some further remarks IL admitted by counsel
for the prosecution that those three witnesses could
ty that they had known Douglass from infancy up to
lSs9 and that they woul dcio~c to the mdness Of his
deposition. and that be was of most exemplary cha
racter
The Court then directed the trial proceed The ju-
called and each asked by the prisoners
counsel If he had formed expressed opinion the
OF had read any accounts articles In reference to
IL in the Herald or any other paper.
The Court said they dill not what articles the iu-
fomcd or expressed opinion on the The coun-
sci Tor prosecution asked the jurors fshey had any
scicnious scrupleS as TO death punishment.
Charles Parker, Ourur) had some scrupcs to capi
tai conviction.
10 the Judgc-pid not mean that he would violate his
duty Us sworn juror. Mr.. Parker then sworn.
MIR, Hoffman submitted that the government had n
right TO exercise challenges where the jurors had such
seruyitr would conflict with their duiylrcfrrcd
1T baldwin the case of the United state. araint the
mail robbers and that they had right 10 put thu juror
aside until the psnd vas exhausted.
The Court has ing locke into the cited. sid that
IL seems to H. decided hy the supreme Court, that in
capital ca'cs the government have right 10 80 jurors
aside. and permitted the same course ia this
tSouwrl Tor prisoner excepted
Mr. Hayden "a juror was then directed by the pro.
SCcution To- stand aside
VIM. u. Malthy Ogr>r), In answer 20 question by Mr.
E,srts aid IL wound have to be conclusive testimony 10
ntuoc linn To bring la verdi 4 ~ guilty; h. would not
convict "a cr uinstantal evidence. lOrcrvd 10 stand
Tie following jurors challenged pcrcmp,ary iy
prsortr's euunslGeorge WhitloCk. Louis Chichester,
Fpd,ritk Schrtr John q. FCrris Albert J Andors "a,
Annoy ". Bowman Michael Gafn,v, Alhcrt ". wright.
I,tor Ioilon Gto. W Siaw, Arthur Dornaue. Robert
Mtik,r Ios,rh Hack John lauing. John u leigh
d'cltr lase H. Glleslic Nathaniel II. 'snwinAc,
lu.ul Il. Melhiyte
On tie Isr. the prosecution, Daniel II Hayden Vim.
II. N0lty, Nri Smth. Robert Erwin. EtNiu Post, III
ward sstl'y aud Samuel rig1it, deci "a O. stan
abide sir v n. Smith Mr.. Erwin, Nj fo.i aad sarnucl
lUt hbVtg az clard that under no rirrua.t tancs.
uld they b. induced 10 brg IA verdict cf guilty Iva
Ease ct murder on eircumstsn,ial cy,d,nc".
Mr Nathaniel Nauwinke, en- being intcrocatci, sid
thai he read the statement cf ths transaction IN tho
Iosld t,v d weeks ago, aud behaved u 70 r trc be
Slrtrtd an opinion Ia rsicrcncc to thc guilt a th
Viath,rs Ths juror was then challenged
TIE following we're the Jurors sworn
J. Iani'i Coms,ock, : Eugene Ferris.
: Jas, stephens, = Daniel : Schanck
3. thsrlss Parker, @ David stevens.
4. Henry ClMk 10. Matthew " King
o. Elns u ,tsr II Nm Rccbee,
The jurors not emyauelod we're DISCHARGED tin mex
noining ~ 10 O'Clock, snd inaSmuch thcrc
other prsoners t. be- tried for the offence the Cou
requested that they would not read the testimony ot
trni nor etcpd during IL progress The Court also
qucftd the reporters not 60 publish the evidence ui
after the termination ~ the trial.
mtdd Of the ship Glenn. together with musket nv
axe hatchca vi tol four bayouets. and three Aivc.
peie placed "a liable in front II the Jury
Edward T. Douglass then given In charge. and NJ
E,arts opened the ease fpr the United states N,
STATED the particulars ~ the Transaction as alleged b,
the prostcution by which II appeared that Abe bari
Glenn blong,d to the poftof New Haven and was th,
pftptrty q American citizens After accomplishing
N,yrge 10 San franeikco in the mouth of April, she
that port FIR VALPARAISO where she shippe4 a nrw y,
r her voyage htuc Having described h-r charter sar
W ard the commencement uf her voyage Mr.. Lssri
sid the ships company consisted a Charles sna Gct
Waite, cher hrt ofccr) Asa A. HayVas (secand officer
tdvord b,uElass carpenter the prisoner at She hl
James tlcm, nts and Thomas Benson cook III two 9TH
rtisoners who 10 he tried for the rnce
Wilt M ward Samuel Baker. sailors, and boy name
1h mas Williams cr liutcbrgs-the after broug
hme prisoner, tvt not inle,ed by y q Grand Jury
1hc jury would remember thst the sh - consist
81 ten persons uf whom thrcc we're Of fccrs. col
cCtk another carpenter, who the prisoner nj tn
lar and the by of whom he had oker neither cica
frcm the eharyc yet indicted M viii he proved ta
no of those ports shc disc argc 40 Oo0 IN spec
and took in for her home ca .gos quantity 81 Petuve
Lark of great value and w urcd in this cty SIe 0
! the Preparations for tn, homo voyage we're complr
! td. and the vessel ,ilcd the 10Th August. A.,
/ ytar she had go'se on her voyage home twelve
| itufetn hundrt'. miles, and distant fro
lard SINE th' ~ .nds of ngrs, when without any moty
aiy conirove' A any quarr,i y, the hour uf mdnig
whtn sh th3 sct rs except the deceased. w the
b.tlbs q ctp, AMI al fime whrn The of yhe san