The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-12

scalp and examined the wound that It rssh ons
and expresses tbs opinion that 1t SUFFICIENT cause
Til. wound YES an inch and ) han long, ana nearly an
inch wide He states the captain present the time
of the examination The doctor contradcts the
Of the injuries TO the eye and face Of the de
part the passage, unfit for duty in Of
/ sore finger that had been badly bruised
In acditon to the recollection Of the doctor he
duces diary, or memorandum, made Ut the time, or
nearly OF several Of the circumstances that he has
lated, and which confirms his recollection.
1t is known to that the doctor has heretofore been
implicated this charge, the proceedings against him
we're discontinued at the begnr ing Of the trial
think 1t is due to him say that nothing has appeared
in the course Of the trial that tends in the slightest de-
gree to connect him with the Charge ano indeed 1t
but fair TO add tina. in my Judgment tnsre morning IN
the manner of giving his testimony 10 the facts tes
fed to by him. calculated TO excite suspicion dis
trust He appears to be an Intelligent young maa and
very clear account Of the facts which he has re-
lated
In addition to the contradictions Of the witnesses
the part of the government to which have called your
attention. evidence has been given tending to weaken the
evidence in other respects OF some of thsm-oBrien In
particular.
refer to the evidence of Mr. Cunningham the keeper
Of the Kings county JAIL and the threats ofhs witness
against the prisoner, to which he testified
Waddngton is also seriously impsached by the fact
testified TO by Mr.. Collins.
Then have, in reply on behalf of the government
the evidence OF silly who had been made third Of
the Roscus after the voyage commenced; and Also Of
Num- the second mate and also of Gunley, sailor
the leading features of the it previously Stood
and shall not therefore take up your time in calling
attention particularly to 1.-THE material facts and cir
cumstances you doubtless will recollsct
The case gentlemen, is certainly extraordinary
and the material evidence bearing upon it, conflicting and
irreconcileabe.
Even in the absence Of the evidence in support Of the
defence the mind led what to hesitate as to the
OF the charge from the cruel and atrocous chaac
ter of the transaction, detailed by the Witnesses
especially in the absence Of any adequate motive or
provocationfor the only cause assigned for the cona-
he dav vAfda tina
ceased, is that he disposed to shirk his duty Still
there nothing else In the the
OF the circumstances attending the crime would not jus
tfy in discrediting them. is however fair and
proper consideration in connection with the evidence
tending TO contradict and explain the charge.
1t must be admitted that the case made out in the
first instance by the government has been very much
shaken by the witnesses called on the part OF thu de-
fence and even assuming that the opportunities and
credibity Of the witnesses, each side equal
to the facts in this conflict Of evidence there is great
to his death BY the beating punishment inflicted
by the prisoner either personally or by his orders-f
o. s
part Of the defence the prisoner inflicted punishment
upon him on that or on any previous day.
prisoner and in respect to which explanation has
been given tending exempt him from blame is the state
or condition Of Emanuel from about 10 O'Clock at night,
and till the next morning, when he found dead If he
was ashed first to the mizen mast and then to tAs
sretchers the weather side of the ship under the CIR
cumstances stated by the Witnesses and this the order
Of the captain them aside from the beatng they have
detailed and in the absence OF them the would be
proper for the jury to consider whether the prisoner
not guilty of mansaughter But in order to arrive
at that conclusion must be satisfied that he thus
sshed up and continued there by the order of the cap
his knowledge OF acq in the der
given by one of his officers.
Even upon the theory Of the defence namey-tha.t
deceased remained deck at the mzzen mast from tho
time he placed there between and o'clock in the
evening, until his death-the Captain is not without
blame But, unless he was left and kept there by
his orders during that night and with Wedge that
his life would be IN danger from the hurt received by the
cay that the would be xpon which conviction
Of mansaughter might be proper II no order given
by the Captain that he should be confined at the mzen
mast for the night may be that he had no knowledge
Of the fact Of his being there but that he keeping
his watch taken below in the forecastle.
These, gentlemen, are al the observations d.em it
necessary to make upon the evidence. lam persuaded
you already understand it thoroughly and that ap
plying the principles law governing this offence you
will be enabled to make just and Ineligible disposition
Of the
Testimony has been given Of the previous character of
the prisoner and it cannot be denied but that his
quaintance and who have served under him and
with him, have borne strong testimony in his favor.
weight Of the evidence may slightly preponderate sgans
the prisoner the fact of previous good character Is en-
titled to much to turn the scales
of justice it could not overcome evidence satisfactory OF
guilt, but should IL q balanced case
With these observations, gentlemen leave the case
with you satisfied thai appreciate fully its response
bties and sufficiently of knowledge Of the
law and the facts to make riShtful disposition OF it.
At the conclusion Of the Judges charge, one OF the
Jurors inquired Of the foreman it necessary for
them TO lee their seats
The jury however, retired at half past eleven precisely
During their absence the most intense anxiety prevailed
throughout the Court though there seemed to be but
prevailing opnion-that the would terminate in
. veroict CT acqutta
ID the painful period that elapsed Captain Molony pre-
served the calm demeanor that he mantle Ited dur
ing the whole trial
THE VERDICT.
At twenty. five minutes to three O'Clock it
nounced that The jury had agreed
Some commotion being made, the Judge ordered the
Marshal to bring any before him who manifested
any disposition TO create disturbance
Csrk-Gentlemen OF the Jury, how say you, is tho
prisoner guilty not guilty
Foreman-Not guilty.
Judge-The prisoner is discharged from this charge.
Captain Molony then received the hearty congratula
tons Ct numerous friends and though he rensns in
toey for the present charge the death Of Yankee
Chap it is understood that the government will put
him trial again. the evidence for the defence has bsen
overwhelming.