The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-09

the funeral service said at and sometimes It Is
nfSs weather u bad and thing TO do II is not resS
CUSTOM s.1s read Ss unss ssr1os ne. e
vesshsr = bad and there Il something to do To- ''' :
z 10 Juror-We sometimes throw them oyerbo Ard I
L dark, TO avoid excitement among passengers
TO Mr. Fullerton had but Of my crew die at 80
O'Clock at day; have no doubt man could be throw
from midshPs to the lee side BY one Of those rolls that
a Richard J. Homer examined by Mr.. HoamSn-Ia am
t mariner; command the Nsnoks now in PhiIadelpha
witness described instance Of lurch at sea by Thci
his captain when witness was rst officer, was throw
clear q the deck fifteen feet until his head struck
ST louT Ssa or five days to bu.
entirely upoE the state Of the passengers and
nh. thef the man dies Of contagious disease.
seAamned-Every event that occurs il entered In
/ the log. book nnder the proper head
william J. eeyer commander of the ship Great west-
said he had lady passenger twelve years ago. they
bad heavy squa she was thrown from her ber,h tho
broasht up right to eswsrd without touching anything
by another uIch thirty 1--we casks Of lard were urched
overheard ,, roll Of the chip.
stance Of The cabin stove of ae ship Europe being
ried away into one Of the cabirs BY lurcn at
RRBUTTING TESTIMONY
Mr.. Fullerton then called John Hossey, wAo deposed
that he lives in Hillary stieet, Brsoklyn AMI boos
maker; came TO this country viii, Captain Melony ia
the ship R"scus IN January last; kaew the boy on
Q What occurred with regard to the French bcya-
hr Cutting objected Mr. Fullerton said he had denied
| having been tied and logged
n.y. The rule is that you cannot upon the examin
alton, put questions to witness test his credb blity
and afterwards contradict him You may contradict him
as to any thing he to his direct testimony it
were other wise there would be end trials there
| would be so many collateral issues.
Mr. Fullerton said that the French boy had that
captain MoonJ was the best aud kindest that
sailed salt water We desire prove that he was
MI Htiman submitted that they could not contradict
the boy with regard to fact without involving In
| qury. .
discussion to the admissibity of the ques
tion. and the Judge ruled 1t out.
Witness continued-Al know Of Captain Moluny was
| during my passage in the Roscius.
Mr. toni now propose to ask this witness the
| general cbai acter OF Captain Molony
Judge-Is that all you know OF Captain Moony during
| your voyage ON the Rosciusa
| Juoge-1hen that is hardly sufficient.
The witness was then desired 10 leave the stand.
| John Sulley then sec.
Mr. Cutting said he had objections this witness
The first was that when the Court directions that
the Witnesses for the tcuton should Withdraw during
The examination OF the other Witnesses Mr. Suey after
this order repaed in court during the examination of
the for the prosecution and defence The next
under the otprol of the prosecution and they should
bsve examined him before they rested their In chief
He here present and might have been called and he
in court during the examination of the witnesses
Mr. Fullerton said he did not propose to open the
de nooo.
Tie Judgewe had better what the prosecution
tend to prove.
witness then dtpOsed-My business is that OF q
man, have been about eighteen years ut the last
passsgel ade in the Roscus fom Liverpool join.
ed her in Liverpool able in eight days after
was made b0atswsin in about days after that
| vas made thd mate in place of named Coffee;
kew sailor board BY the Of Emanuel he died
sewsd it up. o-whefe that donsS
Mr. Cutting again iIteposed his objection. Tho prose-
cation hona have into that before they closed thee
He submitted that this not replying evidence
ard the Court should not permit him (the witness to
| depose 10 the main facts OF the
Holman al cODten6ed in all
cuton touud to conclude before the defendant bs
gins but particularly in criminal cases; and he
referred to DECIDED his Hoaor Juogs
Nelop was presiding in the Supreme Court
The Judge sao that be agreed that it is the duty Of hs
government, far The making out oil their case
produce all the stmory they have, and after the de
fence into they have right to strengthen their
by calling oher witnesses. He az eed that: bat
tie! lave light to call wtnessss to contradict the te
monv for the defence You have shown q state
Of facts with regard to the bcdy and bold ao
meL entitled TO Iebutiins and ing evidence and
| mean TO lola them TO that
sr Fuleiton sai1 he cid not to go hairs
| b. eadth iurthsrN
Witness contipued-The body sewed up in my
in the Wheel house; it called tie third mate rocm
went to the whsei house at o'clock in the mororg
when tie boatswsin called the body there the
ate ordered me TO have him taken to coy IoOn ;h.
the doctor should examine him; did and laid him on
| chest the doctor came apd xamDed him; he opened
the bosom of biz shirt. aDo put bis hsnd on his chest
apd turned up to me and said he was oesd; he then
cofed al his head, and mined wound in IL wbich he
said proceeded nom ian he bad had and that he (he
doctor) thought dtsth caused By compound frac
| tuIe flom centusitn lie told me him up, and
tten lett tho room; had ncth'rg sew hin up
Q What was the doctors manner.
MIR. Cutting objected. The Judge ruled that the ques
tion was too lneeipite-Stste what he said
WitpessI did not sea the doctor cut the hair from
EDsnuels head ii he had done IL have it.
Odd he Tsmove the scalp and lay bare the skull
Not That saw ii he did it mus, lave seen it; was
in meciAely the body did see any OF he in.
s,runens there at all after the ef. the steward
brought up folded sheet, in which se~ed him up:
| or more cf ths bys brought up soaes, and before
buied him went down and reported TO the caotaia
bad left he before that the doctor only
int rha xphA ha
II night have happened before that is only what saw
let Emanuel before that seized up to the cavits.
Counsel for the accused objeced-Ths cumulative
| and not replying evidence.
Mr.. Fullerton sad that the defence had by the testi
! light
The Court ruled against the gus stion. Q-Did Ema-
nuel SIT The between twelve and four clock
Il csntssyi left at twelve; he was not sitting
The Ky light when left he not sitting q coli of
rope by the m'zssmsst from eight till twelve O'CLOCK;
know that TACT because was seJoId officer on deck
lAgain objected to
lhe Judge said ,het the prosecution not
witnesses 10 the main question OF the case and be would
hold ibis nston strictly the facts brought
out the defence lie could not allow examination
| to 90 over the ground Of the prosecution again.
Mr. Hoffman said The counsel for the government
the rule ana he hoped they would not ask
questions TO get out which nadn,s ssible
6ecsuse when they came the evil was DONE
Witness coptinued-I psssed that coil of ropes every
three or -four MINUTES DUNG that watch last reeed
the mantopsaiis beteeen and o'clock the previous
night there no ieehrg II rails on the hight OF Eman
uts death, during my watch they might have reefed
tie spsbker In the other watch; all hauds
qui,ed deck hat night; Emanuel did not go alot
thst right vas rot called to close reef the maincp
| salts Emanuel belonged 10 ny watch.
| 10 Juroy-Ny watch ended at O'Clock; mr. next
watch fom s to IL, Dopnelly went TO the wheel ats
O'Clock at IL can't ~ho at the wheel Wsdron
at the wheel at four in the morning; it generally
tsl bands 10 the wheel. SELDOM eithout
two wsd1o ON had lame hand at the commencement Of
evoysse but Il well then can't tell who waldron
| relieved at O'Clock
To MI, Fulierton-I saw Emanuel in the wheeihouse at
| O'Clock: don't know whether he called up from
below he did not up irom below after oc ,ck the
stesaid in the ~heehouse when went into 1t at
o'clock 1ca,risd the body into my from the wheei
home, and he lent hand oDonnel and Emanuel did
not fal, the sky lis Mt that night at O'Clock.
A Jufor-Di6 they any tuse that mighty .A,--Yes,
st about hal! past O'Clock, when II was dark.
To Mr. Fullerton 10 DoDnell aud auo,her person did
rot seize Emanuel sitter O'Clock and bring hm aft
he maenn sst, lie bad fall between and O'Clock he
vas then in company with Johnsoo; don't know what
the effects Of tho fall the skylght tkey all went
very heavily, ana fell TO leeward there four of