The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-04

Captains pardon for not being quick ne
called rs be rose from his knee the snip was song 20
the leo yard and hs shoulder vent against the captain,
but net apparently any way showing HIM the CA2Atn
uck him with pin several times aad knocked
hin down after hat the mate forrard aud began
to kick Emanuel, frat with one foot, then with the
other every time he knocked him, he said get up
son Of b. did not zee any more til tiesafterooon,
when saw Emanuel cleaning the capstaa, sav tue
mate come up to him and bid him rub faster the man
appeared to be 80 far being beat that he could not
rub faster; next time the nate coming past
him he had snstchbock Ia his haul block Ii iu;hes
long, and hook at the end OF IL; the mats struck
EmaDuel on the head with it, AVID kno sked him
down. after thai he kicked hin back to wards ths wheel
house sth his foot and then the captain got hold OF him.
and lifted him up and bid him, for son of to 90
to his work; he then went into the wheelhouse; did
not him any till midnight; him lashed up
before idnigh bat cid not anything done him.
did not see them flashing him up; he then dashed at
tie side OF the ship you go tbs rigging the room
where wss right underneath where he vas lashed
up; could look through the win low from my room and
there ched skylght and when ste sped
ladder could him; about midngh heard cries
land William Conf and another passenger got up the
stepladder and tried to lift up the window but could
see through the window broke; heard the cap
tain talking TO Emanuel; Emanuel tied up in the
place have described before canuot recollect wh,
tie captain said to him. but heard him call him son
of b. several times while he beating him the cap
tain licking him the head with Delaying PIN
at least what supposed to be Delay ing PIN EN-
crying and moanipg came out and won't through
the second cabin and ON to the laddsr going up
TO the quarter deck; Emanuel aud the captain were
the quarter deck; from where l stood | could
zee them both; William Conlf and Edward Allen
came out with me; the captain, ami heard him
talk and beat Emanuel on the head the man was crying
he getting beat; he cried ooh !" and his head
"shrinked" between his as II he bad gone asleep
rs suppose he did not to wake again and the
gers continued to stand the steps of the companion
way for about ten minutes quarter of hour and
the esp went to the wheehouse apparently down 70
his ROOM then vent 10 the wheelbouse and made an
excuse to ask chat time 1t asked the at the
wheel What time was; didn't get any answer didn't
wait for any; then came to the Spsniard (Emanuel)
and spoke TO him he did not put my hands
up to his shackss; felt his flesh can't whether
he dead not; his hands fe cold but can't say
whether it was from the weather; could not see his
he I'D the time his head in this position (bent
tween his arms he did not stir except when the ship
moved him. went back to where left my COMPANIONS
still kept the maindeck for hour two; thar
went into room again; the first learned that Ema
puel dead in the morning. when girl, called
Mary came into my room and lay do my boxes it
was dark: she appeared to be very much alarmed
Cross examined by Mr.. Cutting went out to Liver.
pool as second 'hpsteward in the Arctic and intended
to bring my wife back in her but the vessel started
quicker than wanted, and because had bsen voyage
with Capt. Molony before, ! went on board his ship,
and he said he would let have the berth had
before il came with him did not tell Capt Molony
thst worked my passage as butcher in the Arctic;
asked Of the captain TO leave the Arctic
the steward who shipped me. me leave, brought
wife in the Roscus second cabin passenger she
WAS in the room with me- had difficulty with the
captain the voyage he did not accuse with max
ing away with the ships stores; did not make away
with the ships provisions: he one day taking
Of -four for the ste ward and rolled it into the
ate wards reom he asked what that for said it
for the steward he intrusted with tho keys to
sell -four pork and provisions to the passengers several
barrels Of -four were missing but they found between
decks.
Odd the captain interfere vi h you when you were
beating your wife, Al never did beat my wife I'll tell
you about that in few minutes had difficulty with
the captain hadn't word with the captain after the
ship arrived did not leave the ship without the sAve Of
to hire steamer to take the passengers up the cap
tain agreed with and Mr.. Currie, boarding house
don't know from whom could get time the
morning 1t was too feggy Capt Molony left orders
with the FIRST mats that should not be let board
said would come board; my goods taken from
my and put bsad another steamboat; got the
$50, but did Lot bring up the PASSENGERS QWhat b.
Caughter); have said they worth $780, and that
meant to be paid went to the New York and Erie Rail
road about them; never said meant to make Capt Mo-
ory pay for them; he promised my wife to make good
the clothes Odd you say you would withhold silver
pitcher which the passengers presented Capt
Moony till he paid you the $780, Al did not but Mr.
gave CurI,e the $50 for it.
The Judge raid it waste of time to 60 into these
matters.
Mr.. Dunning-we may have to inquire about this
pitcher, and may prove that it purchased With the
captain money.
Hr. catipg-And we will prove that to be as great
fahehood many others that have appeared here
, Witness oontnued-It was between ard three in
me al efnoon, when Emsnuel rubbing tbs Captain
All the mate knocked him down; II Emanuel ordered
~ t doctor to remain beo that afternoon he did not
heard tn doctor say The mani head was fractured AID
ne coudn cress it, this near O'Clock Ia the eve.
Lug W sector was do wn in mJ when he said So
the hRht vas mo- stormy night stood out shirt
sleeves and thought harm OF ii it was not rauas or
showing or s'ettng; all the wet rot was from heavs
in the evening but not then
10 Hr Fullerton Y had directions from ths ca ptan to
coe up 70 tows u sc, steam boa. 10 take tie
gers up 70 send them to the country quick posbe
We were late, and he got another steamer don't know
where it came from
Roscius left Liverpool before lat Christmas with Capt
Aoiopy; knew man named Emanuel Odd you
come passenger Al was to pay tho captain k2,
but got drank night and the money was taken from
saw Emanuel after he was tied up but DIDN'T see
anybody bsat him he tied up to the mast With his
hands 50 n front as high as his head it between
Sand so'clock in the evening when [ saw him: / was
taking pipe to Mr. Haslem; used to fill pipes and take
them around Qaughter); Emanuel fastened to the
left hand side 81 the vessel; it rather bustry
night did not pay particular attention to him; hea d
somebody crying that night about IL O'Clock and we
came down after and said ssthat mau is fnsscd
couldn't distinguish what tho cries were they wore
Ike child that would roar out when beat the cries
came rem the wheelhouss ~ compared with where
Emanuel ~ osss continued for about Owe minutes
did mt know u.h nsxt morning at O'Clock when got
up. and the carpenter told he was dead and buried
Cross examned-I was born in Eugaud nv father be-
longs to Ireland never paid my passage, because the 81
was stolen from me- the captain gave my passage
nothing when got into the Staten Island boat.
Ann Waddnston deposed-I the wife OF Jeremi ali
Washington; came with him from Liverpool recently on
board the Roscius; think left thu 10Th can't say
what month We out weeks and three days and
arrived on Friday; can't tell the month; did not
Know seaman named Emanuel: remember tile crcum-
stance Of person that sad to be killed or IN
died on soard the night he disd heard the shreks
it VAS about midnight; hesrd the man cry out to be
helped think the shriek from the deck the man
cried out several times; in my berth at the
time heard the next morning that Emanuel was de
and thrown overheard.
Cross. 4 an an Engshvoman; my husband
and myself slept in room, and sometimes a girl
named Mary during this night my husband ionis-
times In the room aud sometimes deck cannot say
how long he was on deck; Mary told Of the man 8
death a long time before breakfast
Mr. Dunning said that they through with the
prosecution with the exception of proof of the ownership
Of The vessel
Mr. Cutting said they could put in certified copy Of
the sale
The Court va. then adjourned to 10 o'clock Saturday
morning. when the case for the defence will be opened.
The Millinery Cass-WilliaMsburg City.
The trial OF Thomas W. Boyd, charged with having
committed assault and battery Miss Ellen Sandi
SOD, some time since, called TAuradav after
noon, before Justice Boswell The folio sing is the sub
stance 81 the testimony adduced -
nd aafd IA in -.