The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-29
Charge OF Murder on tho High Seas.
UNITED STATES CIRCUIT COURT.

Before Chief Justice Nelson
MAY 2-Ihs United Stdtesu Daniel Moloney and John
Christian charged NTH the 4urder Of Emanuel and Pom
kes Chap On board the ship Rostis of ohich koony
Captain and Ch,isian he Doctor On the motion made
~ the prisoners counsel yesterday, to quash the in
dctments hrst found Judge Nelson gave the following
decision this morning.
by the prssner counsel that the indictments found
which have bssn RENTED from the District Court to
this Court should be qusshsd before the prisoners
required to plead to the indictments since found in this
Court. find that where person has been already ar
ragIed and has pleaded, and second indict.
ment is found for the same offence, the Court
win adopt some measure to get rid OF the nrst
indictment, BY quashng it or requiring noe proscqai
to be entered before requiring plea to the second
There 10 good for this II the person
should be tried the indictments secondly found and
acquitted convicted and the public prosecutor should
ens first found the prisoner having already put in his
plea Of not guilty, might have difficulty in avaling
the further prosecution Of the Indictment arst found
This reason has application to Like the present
Tho prisoners have not been arragned the indictments
found They have not pleaded The attorney for the
United States claims the right to proceed upon either
indictment at his election and to omit present action
the others The authorities sustain this position After
trial upon the second Indictment If the prisoners shoad
be arrngned the 6rst they couldpead the former
qutsl or CONVICTION in bar 50 they can suffer no pre-
The prisoners then put forward to plead, and
pleaded not guilty their counsel Messrs Cutting.
trials.
MI OConor the United States District Attorney with
whom was associated his assistant, Nj Dunnng, said
that he willing submit it the discretion Of the
Court The request has been frequently granted and fire.
quenty refusedt belongs to the territory Of the unde
fined discretion Of the Court Al to the order in which
the prisoners to be tried he apprehended the
would not entertain that question: to the counsel prose
cutting for the United States after an inspection Of all the
circumstances and the evidence brought before the Grand
jury, il question Of nice consideration TO the
order in which these should be tried II the Court
cusaon Is made as principal should be tried ars and
unless the Court directs otherwise he he District
A1nsy should % 70 put Gspt MGeny On
found, Doctor Christian not included. The first
Grand Jury At not to include him. the second Grand
Jury did think fit include him. in secondary and
Capt Molony must be considered the principal offender
II the Of Capt Moleny was first tried, he (Mr.
oCono would Dot insist upon the objection to his
animation ~ Witness to which the prosecution would
be entitled He did Tot object to separate trials but he
objected to Dr. Christian being tried frst The govern
ment ready to with either case but they
tended that the charge against Capt Aoony should be
tried arst.
Mr.. Cutti,g said that Capt Molony's counsel found
long before the Doctor included In the indictment.
The Judge sad he was aware that the practice In
criminal cases was to accede to the motion for separate
trials IL desired the part OF the prisoners. II Was
granted in this Court IN Of indictments for murder
on the high seas about two years ago.
Mr.. Betts.-The case OF Douglass and Benson.
The Judge said he should therefore be inclined to grant
the application He should say no that the ques
ticn to -hch trial is rst to be moved on does not
belong to the Court; that question Of discretion,
which rests with the prosecution. The Court has no
knowledge of the facts of the csse OF
cising discretion It. The public prosecutor alone
knows the facts be disclosed he therefore, ordered
entry in the minutes for separate trials.
Mr.. burning then moved for the trial OF Captain
Molony for the murder Of Emanuel.
Mr.. Cutting asked for postponment OF the trial, on
the ground OF the absence Of witness named Henry
Lemon carpenter on board the Isaac Webb her
voyage TO New York Lemon carpenter board
the ship Roscius at the time Of the alleged homicide
and IL an important witness.
The Judge directed the trial to stand over till next
Tuesday.
Mr. Cutting then asked for the trial OF Dr. Christian
be proceeded with at that the accused who Ia
respectable member Of society, and 81 respectable
profession, should BIZ admitted TO bail on his
cogDizance.
The District Attorney objected and still insisted that II
was necessary for the ends Of justice that Capt Molony
should be tried 6rst
The Judge refused to admit the doctor to bail, and
ultimately direced that the should stand until
wednesday next iBtimaing that unless some substan.
tia ground IL presented the part OF the prisoner
the United States for further postponement, he would
expect the 10 go on, and II postponement Of any
duration, should take place the Court would be com
PEELED 70 let the trials go until the next term
The District Attorney-The prosecution will be ready
The accused parties in this extraordinary both
young men 81 Gentlemany appearance The accusation
against them Is having caused the death of two
by tying their in the rigging and inaictng punishment
/ from which death ensuod.
hNOrBLR INJUNCTION.
JUDGE Nelson Yesterday granted injunction prohibit
ING Nj MAJ Ell late Collector Of this port from On wing
rrcye recced penalties imposed hy the r Of ists
" Ito treasury to tie ooes claiming any portion