The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-26

the murder Of Henry Miller board the ship American
Congress- the 18th April 1858 during her last
from London to this port The prisoners wife seated
by his side The deceased native of France, bu,
widow.
Mr. Dunuipg, Assistant District Attorney, AMI Mr..
Robinson appeared for the prosecution and Mr. Fred
Tamadge for the prisoner Mr. Dunning stated the case
Lewis Davs deposed that he passenger board the
American Congress knew the cook he Was dead when
he came here there difficulty between Miller and
the prisoner in the cooks galley At the time it
was the 18th April assisting the cook for about
five weeks came on board as passenger spent the
most Of my time with the cook the 18th April the
cook told to down and got bucket of water for the
sailors came up with It and brought 1t to the gal
ley where Miller the prisoner standing by the
cooks galley by the rolling Of the ship of wa
ter spilled the prisoners pants the prisoner
ca. called me bloody Jew didn't make any reply bal:
have happened the cook told him 60 away he
Miller then took dipper and threw cold water in
the prisoners face and told him again to go away but
still he would not GO the prisoner said the cook n
pay you for that" he called the cook black thief and
again called me jew; the cook then took some hot
water in the dpper and the prisoner sad he had
the passengers by selling them meat at eight pence
pound instead Of xpence the cook then threw the hot
water at the prisoner got outside the galley and the
best part of the hot water came me- the rest vent
over the prisoner; this about twelve O'Clock
IN the day the prisoner went away to the head of
the ship, and went into the galley; l next
the prisoner at five oclo,k the same day; the cook
was in the galley until he went out. about that time;
when the cook went OF the galley he standing with
his back towards the prisoner the cook had said nothing
to him at that time: he (the prisoner said All, I've
the forehead With Delaying PIN he staggered and
much cut said to sailor named Smith, My God Rear
don has killed the cook Smith and caught the cook
and brought him in shaved the hair of the cooks
wound we had no doctor on board; went to the cap
tain, and he gave something for him. and told to
attend to him; did attend him from Tuesday until
Thursday he was quite senseless when he brought
into the galley he became derous and tore the plaster
off his head he did not regain his again and did
not know me went to bed about y O'Clock fhurs
day, and left the mate to watch him: the mate
down to me at IL o'clock and said that Miller dsad
IN Ss
ore used
Cross examined-I paid for my passage Ga; but as
getting short OF provisions. stated to the captain
that would make myself useful board for provisions
there 400 board had the privilege OF
walking the deck when liked and the others
also when accidentally spilled the water Reardon he
called me bloody Jew do not like to be called Je
called the cook black thief said he robbng the
passengers the cook threw dpper of hot the
prisoner; some of came me, and presume Of
it got on The prisoners am marked on he neck from it,
said to the cook Mler got the most Of that he said
SWELL Davis am sorry for it, Reardon after that
deck; he had -four his face; do not know that the
o'clock it about five O'Clock when he struck the
blow did not the prisoner take the Delaying PIN
blow; when he struck him, he said swhst did you
scald me forf'' To Juror-Ths cook was q creole; a
pa of the eSaS pa To- M
in passion do not know that he in passion all
the time from the time he was scaded. To Juror
] don't know whether he intended to give him
hard blow. bat he did give him hard blow
To Mr.. Tallmadge-The blow about SO long IAN inch
and halD; the flesh open put my foger on it
if it was fractured; felt dent in it.
John Smith, seaman board the American Congress-
watch IT four o'clock time after heard
blow, and looked up and the cook and Resrdon;
heard Reardon what the h-n did you scad me for
saw the cook was bleeding from the forehead
the cook ask him what he struck him for did not hear
any answer was as near as to that chair (ten feet
took the cook and laid him in chair in the galley they
little distance from the galley ~hea them;
think Reardon had hold of the Delaying pin by the thin
end; when took tine cook away Reardon had Delay.
ing pin in his hand did not see it after sa the cook
next day and he crazy Isaid to him Misr, how
you getting aong but could get no answer from him
he died Thursday night about half ii O'clock
had been deck fifteen twenty minutes when heard
the blow.
have occurred at fifteen twenty minutes after four
The wound appeared to be a kind Of bruse Rear
don after that he had white stuff his face; he
stood right by where the Delaying pins he might
take it out part of the vessel where he
David Uhl practising physician deposed that he held
post nuoy examination the body of deceased on 10th
April last found mark about the size of shilling piece.
the the forehead above the eye found mark
the BRAIN and about ounces OF blood over
brain from blow: just below the mark there was q
snail fracture of the temporal bone should think the
injury inflicted with dull instrument such
intrument this Delaying pin would be likely to It,
Cros, examined The bone under the injury not
all depressed or fractured O. Had you been present at
Individual have been ssveds he might have been
saved sometimes very slight blow produces de .th and
sometimes heavy blow does not go; 1t is difficult
positively TO whether could have recovered him; this
blow Dot from external appearances severe blow
Oliver Simpson, seaman board, dsposed that he was
down and said to me- have paid the cook - went no
in couple of hours afterwards there were lot of
sengers the galley door the cook said look where
ReArdon struck me Davis held the pin and
said it with that he struck him; Resrdon
and could hear the cook say look where he struck me-
Cross examined-It between two and three O'Clock
when Reardon came down and told he had paid
Miller; cannot speak With accuracy
American Congress- did not the occurrence about
O'Clock Reardon upon the main deck and said the
cook had been calding him he had lot Of -four all over
side of his face but from underneath the eye the
gone it looked very red and infsmed aud IL
the that had been running from his had wash
ed the flour off heard no more til O'Clock when one
don had killed the cook came up about O'Clock the
cook appeared then to be asleep felt the wound it APP
peared to be very soft saw him at and at ors
O'Clock next morning at or O'Clock he deranged,
and continued till he died, on the 14th about Tx
o'clock at night the cook bad .ways been healthy
Cross examned.-When Reardon told me the cook scad-
ed him, said knew nothing about it, and that sup
posed he had NO right to be At the galley.
Commissioners that you said Reardon that you would
not interfere and that they must fight it out among
A~No. did not said supposed that Resrdon was
interfering with the cook did not inquire into the
cause this injury did not call on the cook to AK him
why he should scaid one Of the passengers
Mr. Tallmadee read from the Commissioners notes,
and asked the witness Gid he say" know nothing at
all about they must aght out between themselves "
or some such expression
never mentioned the word fight
To Juror-Iti is usual for passengers TO QUARREL and
we do not interfere.
To Mr. Tallmadge.-When officer of the ship inter
feres with the passengers sometimes inquire into It,
W. Mellon deposed that he is a Commissioner and
took the proceedings in this CASE have doubt John
Ferris deposed it is here. Mr.. Nelson then reads
told him that knew nothing at all about it, that they
must fight it between themselves such expires
sion; that he would not interfere"
Mr. Dunning then read the deposition Of John A. Will
! lams Captain of the American Congress-" which
by of the prisoners COUNSEL he stated that
he walking the quarter deck in the afternoon, when
Reardon aft and complained to him that The cooh
had thrown hot water him; gave him some oil and
cotton put his face; told him would the coot
and see what il all about and would settle it, he told
that he determined to be revenged or to have
satisacton told him to be quiet as would settle 1t al
in the Of the afternoon forward about
hour afterwards and found that the cook had been sruck
| got lint and balssm and put II on the wound; i
seemed bruise; felt it and 1t appeared like dent