New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-30


and Reed asked him what for. and Francis drew
his knife In less than four minutes Reed was
dead man; three wounds-one through the heart.
another through the liver and another 10 tue arm
I Henry w. Kelly, sworn-Is Il years OF age; ma
tive Of the United States was one oil the crew.
landsman, on board the Brandygiae in May last
shipped 2lst November, 1919 she is frsate,
know the prisoner; knew person named Ed
ward Reed saw the commencement OF the AZ
fray; il was on Sunday evening, 18th May was
sitting between two guns on the gun deck; when
Read came up he was asked to sit down Read
iumped up ard ran over 20 where Frankstein was
stsndpg. and said, | wish you would keep my
name ont of your mouth, and gave Frankstein q
shove; f. called him s. of a b r. struck
him and knocked him againstthe hammocks, wien
Read said you s. OF b, l II see your ilVet 90,
fore die Read clinched him and they both tel
over the grindstone; they soon atterward took H.
away; they had had difficulty about week be-
fore, when Frankstein said Read owed him ~,
and the latter denied it, and something occurred
when Frankstein drew his knife upon him tnens
when r. caught hold OF him, laid him across a gun
and slapped him on the face be atterward proved
he bad paid him; Read died about five or ten
minutes after this last ARRAY.
CyOSSer0Bined- Itwas quite dark where they
stood it was the gun deck. about o'clock IN
the evening; had not heard Frankstein say any
thing did not see any knife IN the hands o.
Frankstein.
james uurrGv sworn.-Wss an ordinary sea-
man on board was going TO my hammock ana
saw Francis sitting on a small box heard him
say something Gid not hear what It was Read
came over and asked him to keep his name
out of his mouth, or he would make him Fran
els called Read d. Irish son OF b; Read re-
peated for him TO keep his name out OF his mouth.
&c Francis told him to fire away as soon as he
liked saw Francis put his hand behind nun Tor
his knife Read asked him what he was goins 70
DO with the knife be said to use it Read told
him to put away the knife Francis said, you
d. Irish son of b, l will see your liver before
| die Read seized hold Of him by the collar and
they fell.
board heard some one sing out to pat the knife
away ran over and found Francis lying there,
and caught hold of his arm he told me to so
away then went 10 Read and took him mp do
not know who took the knife away from Francis
Cross ranained-Read bad Francis by the
collar. and Francis him by the same way Read
was beating prisoners head against the roller
Read was a heavier man than Francis he ire
ouently picked upon him he was then using him
severely knew Francis three years on board the
vessel be was usually avery quiet man.
Henri H. Reynolds sworn.-Wa as seaman on
hoard heard Francis say he would have mis-
heart's blood; saw Read on top of Francis, and
the latter with a knife told Francis to give uP
the knife and he said he would not when Read
had the advantage OF him had heard r'say 70 NJ
he would have his hearts blood 1t was quite
dark; did not see franCls hItomP1 W Ss""' s"iA~
f. had been drinking that day
Tbos H. HOreH swOm.-Wa as quartermaster
on board the Brandywine she was lying In the
River Plate about miles from MonteVldeo
frat saw prisoner and deceased near the matn
hatch ladder; they fell on top oil my leg as sat
fell heavily and Read got beating his head against
the roller a man took Read oil and the latter ex-
claimed Bill take the knife the knife was shown
it was a very large clasp or jack kniieI; did not
see Francis strike with the knife; he and READ
had difficulty before; Read had plque against
him; cannot say whether the wounds could have
been inflicted without Francis intending TO do it.
Albert Garter, sworn--Was on board; Francis
and me were sitting on main hatch ladder; ne
said there was only one s. OF D. on BOARD no
did not like; he said he did not like him or MS
countrymen; they had taken the bread out oil MS
mouth and out Of his fathers mouth Read camo
over and showed Francis; then Francis took out
his knife, and Read struck him : they clnched
and fell. 80
DR.. Bache. sworn.-Was on board the Brandy
wine as Surgeon of the feet; made postmortem
examination; one wound through the heart; ono
through the liver, and third on the let arm cur,
ting to the bone. The wounds were evidently ALI
up to the hlt of the knife the wound In the heart
was upward, that in the liver downward
Several questions were asked as TO whether
the blows could not have been accidental
John A. Barclay, called for defense-Was on
hoard a seaman ; was about six feet from them,
Carter and Francis walked over toward his ham
mock when Read asked what his name was In
bis mouth for; Francis told him to go away; Read
gave him a push, and Francis drew knife Itead
pushed him two or three times Finally Read
clinched him round both arms, as Francis had the
knife and they fell over the grindstone; think
the blows were inflicted involuntarily In the soui-
le They had been friendly together, and think
Francis had no malice toward him
On question from District Attorney, witness
said he has borrowed, recently, $40 from Francis.
The testimony here rested, and the counsel
summed up MIR. b. contending that the act was
iusti6able homicide
The Court in It's charge, alluded with reprehen-
sion 20 the practice Of carrying knives In the
present case, even allowing that Read had hold
of prisoner by the collar, and was In the act OF
lifting him up and knocking his head back on tho
roller and the fatal wounds were given by
prisoner then, that is no Justification. Nothing
can Justify the taking OF life but the lear OF great
bodily harm. The great disproportion In the as
sault and the mode taken for Defense cannot be
justified The Court commented at considerable
length The questions for the Jury are whether
an assault had been committed and whetherh
YVES justified.
The prisoner. we understand, Is na'ive Of
Denmark. He is quite yong man, said to DO
The Jury retired and, after a short absence, re-
turned a verdict of Guilty, but recommending the
prisoner to the mercy OF the Court
U. >. District Court. TUESDAY, Jan ~
Before Judge Belts.
Practice Of Court.-In the case OF two seamsn
against Mr. George Law, for small bills (about SSo
in ali alleged to be due as seamen's wages ovt
the liability of Mr.. denied, and as matter oil
nrinciple. bearing upon like cause, contested oy
Nr l.. and the amount paid into Court Mr.: ..
Sherwood, counsel for Mr.. Law, made an aPPlica-
ton, by affidavit that the causes be restored 20
the Calendar, a default having been taken on
Tuesday last when be Mr.. 81 was engaged Ia
l. TuIoo Mitch4ll and Mr.. hOrrlll, tue
counsel for the seamen, had stated that he would
nor take default. Mr. NJ. remarked that no
co stated if the Judge would reserve the causes;
Judge B. said it was rule of the Court adopted
before the de ath of Judge Thompson that no cause
should be reserved on account oil tae sosence .,
L. "a IalAndar