The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-05
UNITED STATES CIRCUIT COURT.
Before Chief Justice Nelson.

UNITED STATES CIRCUIT COURT.
Before Chief Justice Nelson.
TRIAL OF DANIEL MoLosY, CAPTAIN SHIP RosuUs
CHARGED WITH THE MURDER oy EnAsuEL.
FOURTH DAY.
JUNE The court this morning was, each pre-
cedpg day of this trial very much crowded aud great
anxiety manifested by all present. amongst whom
was q vast number Of the personal friends of Capt
Mr. Hoffman said, before the opened for the
defence he woao make suggestion According to me
English law the prosecution PEELED place upon
the stand every person whose name appears upon the
papers Now 1t appears that Doctor Cnrstian the
surgeon OF the ship he cut Off the man's hair aud
dressed the wounds Of the deceased tie was originally
included in the indictment and the government have
entered nole Prosequi against him, He sub nited
the pro- &c uton bound 10 examine him.
The Judge said he did not understand that rule The
obligation on the part Of the Attorney General was 20
produce those witnesses that sent before me Grand
the s. Sii H. - "''''' ''' ''-''' ''' - W
Mr. Hoffman-Iu this case l believe DR. Christian was
examined before the Grand Jury sm wrong the sea-
tlemen for the prosecution can contradict me, :.
Mr.. Cumming said that he was not prepared 10 say
whether he not
The Judge said that he thought the government had
bound to discharge him they found he was not mp
Gated in order that the defence might avail themselves Of
The register of the Roscius then put in. 1t was
dated October q, 1852.
Mr. Cutting then proceeded to open the case for the
defence. He said that Capt. Mallory, ths prisoner 1T
the bar charged with of the most awful crimes
known to Civilizations crime which is almost unpara
charged with preDedtated design to pass death
of the deceas d-with having committed with malice
sno n his death rns Is hdr Of
Philadelphia of highly respectable parentsge and
catesa man who at that early period Of life far &C.
been acquainted that he had been promoted from before
the mast to the command Of ship and at the early age
Of twenty three he selected BY respectable firm Of
Philadelphia (Richardson WatsouD to the command of
vessel trading between that port ard Liverpool He
Of most packet ship sailing out Of Phade
delphia (tbs Saranac and continued there until he
selected to take the commend of the Roscus Of which
this city Justly proud and which only surpassed
by the magnificent steamers sailing from port Aud
It is of this Of unbemished reputation, who had
passengers who had travelled with him. and who
In court to exhibit their attachment to their former
accusation is brought against Capt Molony by small
number Of miserable crew. most OF them Engiishmen,
nsng M ts
they viii tell their crcumstantAl story for the high pc
cuniary benefits conferred upon Them Of them re
ceiving dollar and half day as witness
Mr. Fullerton was understood to say that the compen
Mr. Cutting said that 1t WAS formerly 81 is now
dollar and half which held out reward to depravsa aud
wicked men to make such accusations aeferrea TO g.
any person should commit, the high seas murder,
&c any other offence which would be punishable with
death he shall be adjudsed to be pirate and felon,
which he shall be apprehended to which he shall be
brought But the counsel for the accused desired
in the district of Philadelphia his home where he
had been brought up whore he was known and dearly
crime with which he is charged his counsel could not
suffer him to be shut up in dungeon bat desired that he
should be tried at once Other men had been placed in his
high position; he had been almost ruined They
therefore anxious for speedy trial. and had not raised
any question of that description Mr. Cutting proceeded
read the several counts in the indictments in of
which Haslem the mate charged the principal
ard that the captain as aiding and abettDg Having
commented these he said that knowing that Doctor
Christian o
Captain Molony had taken him from his ship and placed
him in the Astor House, retaining hin as witness for
his Defence the Doctor then arrested BY the
cutlon and kept in jail since witness for the
government; and when the counsel for the defence
had obtained order to reduce his bail to $780, and
provided with respectable bail warrant
put into the hands Of the marshal, charging the
when he into court ready for trial. the govern
nent enter .Olls prossqm against him holding over
aud he (Mrs C1ttng,) prophesied tina. the govern.
ment never win place him trial for taat either He
then referred at great length to and commented
rot Of whom he said could they elicit the of
respects BILE witness o; the they had fabricated
He would prove by witnesses, who tbs deceased all
Cay, that the whole story sheer faorication that his
eye not injured and that the only cut he had recev
If this frehtul tas Is shoxn to be fabricaton-ths
JeDaty of the crime being deathhe submitted tn 1t
discreet jury would put confidence in any other por
ton of the testimony of such when they have been
contradcted in the leading parsof the fabrication Hav
ing reviewed the evidence and pointed out the dcrepan
W
Cd he proceeded to state that the defence would prove
that there such transactions the witnesses
tuesday that there was no such thing as the deceased
being brought into the wheelhouse such thing cut
ting off his hair at the time they state but the It's
that about ten days previously when the Captain
deck the mate Haslem who Is indicted and who when
the officer wen. to arrest him. presented pistol at the
oficer-the mate Hasem, who sworn to have hit the
deceased with snatch block and he being beyond
reach they have turned upon the captain The fact is
ms Wit n nr Chrsf iauf
shame; the Doctor examined the wounde cut off
the hair and put on plaster At the time these witnesses
speak Of the man well; but In order TO bring their
vengeance against the captain they endeavor fix the
act Of the mate him, and comfort change the
of which the captain Is entirely innocent Hs (dr Cut
ting) would show that there cut on The coca
Se the mans b not tsr
1t the steward Of the ship who took the light
the bnnacle and o. Brien not preeut at rhe time
far from the being knocked out add those cuts and
dsfgura tOns being the deceased the only wound
the the back part of the head, which in the
evidence for the defence they would account for 1t
the fate Of this captain with valuable ssel still
valuable cargo, to have started with of
most insuhordnate and unreliable srews that captain
could be cursed with He was generous aud kind tho
cook would prove that on that very day Emanuel came
to him and showed him pair Of boots that the captain
had given him. He had given his clothes such Of
the they would fit. Mr.. Cutting then in very
feeling and eloquent terms, spoke of the high character
several steerage passengers had thronged around
his (Mr C.'s) Office, begging Of him to allow
them to come on the stand to testify to his goodness
and his kindness q commander. One of them was a
poor mother with four helpless children and she
perhaps then in COURT her youngest infant DIED her
arms as she reached this port where she her
husband but only arrived to place her dead infant in its
fathers arms They would show by her volunteered
testimony the kind manner in which the captain treated
them they would show by respectable merchants and
shpmasters OF this city-men who BY their enterprise
have made this country greatwhat Ca plain Moony is
That though now drsessd b. .s conspiracy from the
proud position which he enjoyed it is Impossible that
he could so suddenly change from such character
Fl ON life of bonor-to be felon and murderer He
tMr CuttDp) had no doubt that the Ty would set this
prosperity untaynshed by the attempts that had been
thus brought by conspiracy to blight his fame The
learned counsel concluded in most eloquent and Tor.
chile terms and when he sat down there applause
throue hoHt the court.
George Henry Asset was then sworn aud, examined by
S,r Hoffman, deposed-I was born in France; AN j
eighteen years age have followed the eight years.
began In France from Havre to New York, In pacset
sbps: for the last two three years have been in Amer
lean vessels from New York and Boston, went out In the
Roscius from New York, and returned In her; shipped
tcnk furn at "