The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-30


dencean act in criminal case not in favor the weak
against the strong but in favor Of the strong against the
existing law in the people against the prisoner
An appeal ae it then stood could not be taken which
under that law was taken, and the result Of which II,
that the decision Of this Court reversed and
now called upon to sign the warrant in direct opposition
to the decision before pronounced It is proper that
should observe that the views which have thrown out
rather the suggestions of this Is the
most proper name to give them-sre my own, and am
alone responsible for them have reduced them to
audience by giving more than this brief ontlins.
Tho District Attorney remarked that ct this stage Of
cally in cases involving the life Of human being,
would s suggest to the Court that the act referred to
BY the learned Judge was not special act
Judge Edwards did not think 1t necessary to dis
cuss the question If any question to be raised
sci will have opportunity to discuss it Saturday
next The act referred to was general act to meet al
cases.
The prisoners then removed and an order enter
Cd for their being brought mp again Saturday next
The Murder OF Baxter, the Waterman.
COURT OF OYER AND TERhINER
Before Judge Edwards and Aldermen Oakley and Ward.
trsntv ON. Of native Of New and
painter by trade placed at the bar charged with the
murder Of Charles Baxter the watchman on board the
Nicholas Howlet and William Saul have been found
guilty, separate trials johnson IL the man alleged to
have been in the boat whilst HoEet and Saul went on
board the ship where the man was killed
The District Attorney appeared for the prosecu lion,
and Messrs John Cochrane and Jonas b. Phillips
assigned counsel for the prisoner.
The same course pursued in this case IS In the
other trials in regard to the jurors Each nterro
gated to his indifference between the people and the
prisoner. Some were excused, and the wing we're
sworn to try the
l. Boynicn 18th ward 7. Jas. Fowler, sth ward.
T. J. W. Kilsby. 9th ward 10 JOS Schultz, ID ward
8 R Greenwood 9th DO H. J johnson, 18th ward
The District Attorney then proceeded to state the
for the prosecution and sad that he would adducs evil
dence prove that the prisoner johnson, In
company with Saul and Hewlett, at bowling saloon. on
the night Of the murder and alec that he the persen
Who remsned in the boat during the time Howlet aud
Saul in the commission Of the felony.
The eslimony In this was nearly the same as that
adducsd on the former trials The only new evidence
john smyth depssed-Thst In the fernoon of the
day preceding the death OF Baxter about four o'clock
be thinks he saw the prisoner on board Of the ship Thos
the dock near the gsDgvay he the prisoner. went
bosId the vessel witness attending to the discharge
q coee there were about six hundred bags on board
worth $14 bag-mcvasbes in cabin worth $500
$780, passengers baggage was on board aud two bar
rs of shells they we've removed the next day after the
Thomas Kelly keeper on Blackwslls Islaud-was at
Cherry street the night Baxter killed prisoner
SAUL Hewlett and Others, altogether returned to
the 1slsnd about five next morning crossed from Sixty
first street; knew prisoners ami others before that
stripe foot sixty first street asked prisoner
brought him carly; he said he was taking crniss
he ask ed If they up at the at foot OF Sixty
FIRST street. he wanted to get something TO drink he
having been up all night he said Saul and Hewlett had
been taken up board Of vessel and that he had
capped showed stick which he said ne owed his life to-
It over two feet long the bark Knocked off
II 1t had came in contact with something witness told
him he thought he leading bad life no said he
horse he said he going put the boat up
and 60 and see what had become Of Hewlett and Saul
prisoner showed silver watch with black stri.g witch
he said was worth thirty or forty dollars, and
that he intended to cell IT. he then left with the boat
the last he he about Fifty eighth street. stand
ing up in the boat the boat about teen feet long,
prisoner knew witness to be public officer; be
ashore and went to the tavern; other person was
present. prisoner saw witness ut No 81 Cherry street. did
speak him there spoke to Howlet prisoner said
lie had been flied ~ that night, and that ne had been
fred at q dozen times within the last month.
John A. SmithResdes at foot Of Forty seventh street.
near river let's boats about O'Clock In the
ing about the time Baxter killed prisoner brought
boat TO his place: next saw prisoner In Chambers street.
about week ago; knew prisoner before; the he left
with winners new two pair OF rovocks pain ed white
light lead color printing hadwo pair Of souls In her
the name branded on her. q. 9. Newman, he told me
to keep her until he sent for her the boat vas
taken away without the knowledge Of witaess prisoner
left pair Of pumps and pair OF boots wbica ne took
Of the boat they quite wet he said he bad been
up AL night and did not want to take the boat down
with him.
George c. Newman No. 245 Front street boat builder,
built boat Tor prisoner last Of July first OF August
last sixteen feet long two pair OF row locks prmd White
inside and out nane Of witness was branded on herr
John Morrison Was In bowling saloon the night Baker
was killed in company with the psoner io~et, saul,
and otbers left in company with them parted o. the
corner Of Roosevelt and Cherry streets Howet Saul,
and prisoner TUNED and went towards the East rver
prsontr lived in Washington street Witness purchased
pistol the third of Jolly last in Chatham street,
Tiyon row sod it to Hoylet abou, i've or six weeks
before Baxter was killed (rhe pistol shown vas exactly
bichael " gsn, the Fourth ward poles, arrestsd
prforsr at No il Carlisle street. about IL o'clock
the morning Of 25,h OF August; Morrison and sullivan
we're he
antwer went with him TO l66 ashngton street, prison.
said he home the light before at l66 Washington
street and that he had clothes than he had
went to 166 Washington street. the woman there said
prsoner had trunk In the house which was opened,
and contained COATS vests and Shirts he said he went
home the night before about IL O'clock the sad
he had not been home the night before
LILA Lewis, in August last. lived az 166 Washington
street. knows the prisoners he rlcpt there in the
opening from thu kitchens prisoner did not sleep toere on
tie night the Gath Of August last prisoner 10 In
The morning Just after witness got up was after seven
DR. Charles H. Trspksgan gave same testimony ss In
last case.
Assust last she lived l66 Washington street proasr
lodged there he had not slept there for t~o nights be-
fore he arrested; had been away nights before;
dots not know Monaghan saw man take pistol from
the mantel Ersoner did not know Of 1t bsors he was
arrested johnson scolded ne for letting the man take
the pistol.
Cross sxamr ed-Does mot know how long II before
prisoner was arrested that the pistol was taken by the
man
Adjourned to 10 o'clock this Tuesday, morning.
United States Dis rict Court--in Admiralty.
Before Hon. Judge Belts.
Nov. 29.-Ctorgs Bird the Sloop Fashion. at was
decided that vessel " not liable IN bill OF Ia
ding (assened) signed for goods actually laden on
board Held upon the proofs that the weight OF evidence
that the package Of goods lost and sued for ia this
had not been put board the vessel at Providence
The vefsl IL not ohsrgeabe Ia such although the
assignee Of the bill Of lsDg has made advances in faith
upon It. Libel dismissed.
Mott & .7wss 70. Steamboat Boston -Machnists con-
Gully a. plan Of the work are responsible for ths suf
fcency Of all parts of the construction 70 psrform the
service required but not for the praeticabty Ne
plan. Although time ~ the Of contract VIII
ke Hayad by loNinR a MQrk 70 pIocNeA ~ AAo AAeo