New-York daily tribune., 1852-01-31
Things in San Francisco.
From the S1n Francisco Picay

IStIl Dec. p We =. >. DAIJls AbufL. AUC Rtdiil
jury presented Robert Waterman, James Douglass,
and Alexander Coghll, late captain and mates OF
the ship Challenge. IN several indictments iof tae
murder OF ore ana the cruel beating OF nam)eT VI
ftamen On the late passsge of that vessel. Capt.
Waterman was PIT upon Trial for an assault on
FTeceTica BiIkenshaw, aud on the 23t the jury re-
turned mat they could not agree upon veIdlG.-
teng eight for conviction to four for acQuislal In
mcCiaiciy after. lie was put upon his Irlel on lAe
second mcicimeIt-fCr assault on John Snlta-aIo
found guilty, Dee. q.
The following is part Of the testimony Of the
most important Witnesses on each side on the first
trial.
Frtderick Birkenslar, sworn-Was q seaman on
beard the ship Challenge the way lne to get my
ann broken was this the mate came do@n IN lhe
.orecaste where / was coEcel lled, and ordered me
on deck | went OF deck and went aft the captain
ordered the mate to put ne III irons; | got on my
knees and saw stcETaised IL the captains hands,
coming down On my head | put up my arm to save
ny head, aLd The weight Of the STICK came down on
my ana he struck me several times upon the oo1y
and my eye with the stick iettAe bones OF my
ann crack az The time OF the blow = broke my arm
II was tins scc of Cape Horn, tie SICK vas ABOUT
three and ha4l feet long and about two inches II
After the Captain struck roe he said, "WhAt did
you inter j dong With me y told him didn't
lIOg what he meant, when he asked me II tne Sec
OLd mate wasn't going 10 fad toos Tor US lgain
told him didn't know what he meant; had not
seen Capt. Waterman before that time in thirty
days 10 care was given 10 my arm on 0oaId tne
before We reached San francisco after the Cap
tain struck ms he kept ne on NY knees iof ABOUT SIX
hours.
at The time the Captain struck me | was noGed with
hanUcufs believe the sti k ~Gs maze on purpose
70 strlks the sailors with my arrival at this port
was taken ca board the cutter dii not tell the
captain and ATs lieutenant OF the cutter taaf the
mate had broken my arm had been concealed N
the fcTocasiic thirty days before saw tae captain
had slowed mylef away 70 save my life was coy
81 A d s.ft / got n m
myseli. and the remainder v as bIOuSn. me by man
named StevcI son.
Ja7aes Douglass, mate OF the Challenge, swOrn for
tie deiCHse-I remember the OTerhauilug oi inc
mems chests I Was ordered 10 search them had
nearly finished when was seized from behind, and
he rest jumped on me Immediately 80 that c0uid
IOt see y no seized ne fnSt felt knife 60 INTO mo
Just As Preached the deck al letgO o'ne txcepi one
George Smith ! could see the third mate and boat
swain standing near called TO them 10 give me
some thin to myself aeafd the tn fd mate say
3" can't assist nr Snrsi ihiaa n tnei effect '
waterman came 20 my assistance, and took hOld Of
SmEh, telling the rest OF the crew 10 co ne ~. brk-
ensha0 was then missing l tod the second mate 70
look for him few minutes after went myself
TO lock for him could not find him dld not see nm
from the l7th Of August to the ltih OF September
found MN concealed IN the lower foTecasie tWo OF
the CroW told ne where he was alter the first TeTo!I
the crew showed IN every way mutiaous temper,
continually shuking. from one TO seven every Gay
they would get into the hold among the cargo, re-
naming here TWO OF thrse daJ az tine they would
30 10 outy very ulwilnsly on one occasion, Ia the
u mae lCuuU GUY lArl a' s-S i'--A
a. the wheel On deck, the 2l mate himself absent
there were II men IN his watch Smlsh confessed
20 that Il Was thtlr intention to take the snip
az tif 1t o'clock they were 70 assemble near the
main mast they were TO commence the night before
tbs disturbance It was put Il because tie CaD.am
ara my,ch were Lot together AZ tho same time
on the cCck ,A.s confession was made after they
we're taken, directly after the disturbance; on
the day hauled BiThersaH out Of the mold, h0 said,
" now 1 viii make iau Confession don't hurt me-
| tod lin TO get on deck, would not t.us; him
Capt. Waterman was walking on tie weather side
when tod him thoIe was another slowed away, re
tun ed round and told to put him ID lions told
hr hs had confession 10 make and thlt be had
bette! heaTii followed the man az. on The s.aThoayd
SIDE Capt WateLaran came up cud sald let's near
your confession passed on for the IONS il The f5n
| came back directly with the irons and stood By
listening 10 his confession az the time c2me Up he
was eNiDg the names Of those VINO tci hin he said
IL was known 10 every man or board that Il was the
Intention 10 take Tie ship | asked What he meant
by "too's )" lie SAID irons the Captain ordered me
to put him N rons, and walked the other side
OF ife oeck cd 50 TIE man was still on his
kAees tie Captain then went down below after
walking up ind down three or 1ou. times on deck |
renamed WIN Blrktnshs" atd asked him what ne
had told the captain hrst he then Told me nearly
the same that smith had told me | told him 20
remain ard speak 10 10 ore he gave ne his Wosd
thst he would not II was about o'clock Pm we
put him down ia the saii-ro9m after the comics.
sion Of Smith, never wen, about the shiD without
hIealms the Captain always took ais arms into the
beith WIN hin atleT Tie revolt lny mOiye was to
" Ntil WDNLi 20 10y ward they VOUil
blew ont The lights in the folecaslle many times,
there net being sufficient men on deck would nave
to 20 below aner them, in the DARK il bie,ysery
heavily for twelve GAYS tie CAPTAIN Was on deck
ore Gay MAtn L WAS ooWIrg We we.e alone IN tAe
charge 81 the ship, tie Captain coming up m the Sc
cclo mates watch tie absence Of the watch On one
occasion was tie cause OF serious danger, going
through tie Straits of Ls Nalre.
he JcIy wee instructed that they Were not 70
pass upon the general ooniGct Of Can't Waterman,
but were 10 oonfre themselves to the particular
case N question ard that they were to be the ltges
nom the evidence OF The existence or non existence
Of an oxiSency sufficient 20 justify the &C; CHARGED
~ hey were satisfied a wss committed.
Ihe Jury retired az a. liz O'Clock, and Sfser being
cut resIlJ a hours, Came into Court stating that
iLeY could Rot agree, and were discharged.
BETRAYER oy Smith O'BaIEN.-On the
evening OF the l7tA inst, party of men boarded the
eig Calao, II our saTtor, ard brough, ashore Caot
usyed tie lr.Sh patriot, Smith 0'8nen, whtn that
stE. zen sn attempted 10 escape from Van DlemaH's
LaLo. Ire cAp!oEs Conduc,ec hin 20 near the Mis-
son Dolores, some three miles from me c.v yhare
Be was requested TO refund the money he received
hom SlT OBrisns friends. CT the occasion referred
TO- Oa ms promise 20 10 So he was released Pop.
uiE ieei1g "ss very generally against him.
CcEAN STEAMERS To-DAY.-The first day
G; i,e ear Is marked By the departure Of three no
BE Ocean Steamers from our port The OREGON
leaves al o'clock this nOrIing-th, New. Orlesps
q IL O'Clock, A. VI and the Pacific a,4P M New
n ne'A c9Iro. oe3St hrer steam fee. in one day
$3.50 ~ olANNllG buGt lever p-SSQgefS
haVe soIe away en tLese steamers than have uTlaI-
y gore IeIe'oiVie- ICa! Cour. Jan. /.
Miscellaneous.
French benevolent society was or
gahzed on the slst inst. Nearly $4,000 have bsen
coltIlouted for the formation OF charity fund
On The 22d inst, the New-England Soci-
ey Observed the anniversary of tie Landing of the
James Wilson presided.
Ihe dwelling house of George Fitzmau.
nee, eoIner OF Bush and Powell SIS, was DESTROYED
oy IRE On the evening Of tie 22d inst Two children.
OF the ages of nine and four yeaIs were burned 20
death.
DuiDg the night OF Dee. -, the storm
of wind and rain, which had prevailed quite stoutIy
curing the two previous days, reached the acme Of