The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-07

the shylight when went BY didn't speak to Lin !;
never spoke 70 him, bscauss didn't Ike him; he
so, for BIN never fsit sorry for nan: dsnth ,.ss
pever was clad At mAss death; wasn't sorry nor was
GLAD for Enssues death; he was sitting ct the sky
sitting with his elbows on his knees and his hands
TO bis facs never Emanuel haudcued and fastened
to the mast never cav him hsndcoed and fastened to
Eve months board, and never . man hand
cofed knew him to be tied up; II was
freeze the deck IT FELL II he has been tied the
mizepmss would him he couldn't be 10 two places
rast wss at the wheel from IL to o'clock Emanuel
ed In that ws,ch; l don't know who announced his
death: he put in sheet; nj the wheel when
heard Of bis death Harry Austin was At tbs wheel with
me- three men brought Emanuel in don't know Who
they we're but saw the mate a. the same time q
Didn't you leave tbs wheel VIXEN you him ought in
A-No sir, wouldn't leave The wheel for anybody in the
world; didn't hear he dead before that; little
before heard Emanuel ask ono of the mea for a
drink Of ,ster thu IAN ked Hasem should he 90 get
il and TIE mate said no. he shouldn't go; short time
after that Emanuel brought into the wheelhoase
to get him Drink Of water am sure OF that
Iexpect Ecnnely in his bunk at the time; he
deck if he could have him; never
Emanuel did rot get any the water not offered
to him and then drank By Donnely because Donneily
va. not there could see Emannel from the wheel where
the window Isaw him when he was dead, when he was
brough, in and laid down.
To JurorDid not hear any of them say at that time
pbat the matter with Emanuel.
To Mr.. Fullerton-lt nothing strange often saw
d ing man on board; saw the mate (Hssem) put the
man 10 the sheet; did not him sewed up; he
laying in tho sheet when lsft the wheel don't wait
for oIders Ia 70 below when am relieved do no. know
who relieved me O-Dd YOU tell an,b dy when you vent
down 10 the forecastle that Emanuel dsadS A.-No
sir; had nothing TO do with bin when he was living
haav ctli do Nth wNav, ka a.
did net the body thro over 1t before O'Clock
when the body brought into the wheehouse; there
where the skylght is A-There four skylights;
know them all you cannot see the mzeamast from the
dAvts from that shyligbt? A-No, sir you wond want
very good spy glass to see put the boards on the sky
light that very night self by the captains orers the
SKY Wight IL but two three inches above the deck; the
nate beating Emanuel wi the strap the only whip
ping say; Gunby, the third mate, was not whipped
Gunbys eye cut; Gunby not tied up to the
mizenmast and gagged; il be had been should have
Ino~n it. 81 he the same watch with me no had
q row with the FIRST mate one day after We Left
him. thai Emanuel bad been murdered aid that the
tam would suIer for irS A. Mo- sir; knew 'YAnhee
Chap O. Did you know him to be whippedf
Mr. Cutting thought it not necessary to go into
which IL thu subject Of separate indictment.
The Court said the door opened to the question by
the examination to the character Of the captain.
Mr. Cutting said they ready to 60 into the trial Of
that case bat he respectfully submitted that the minds
Of this jury should not be influenced by the evidence Of
p.
The question admitted and Mr.. Cutting said,
there in taking exception, they should be
Understood .. objecting to the question.
Witness-fHn ChSp was not whipped on board; he
could not be whipped and not know it, he was my
watch; he sick and died, but not from beating.
Q-What The condition of the crew in appearance
on that voyage?
The Judge said that question too general the
captain held responsible for their appearance
The cross ez animation OF the ~itpess then closed
James Bell thei exsmip ed aud d-posed-I reside
in Elizabeth street. am house and chip painter was
with IA fo Mnlnn in SarA
Liverpool to Philadelphia shipped on board the Roscius
with Captain Moony from Liverpool in December last
ordinary seaman did not continue as ordinary
man; to the passengers galley about fort
night after We left passengers cook and sced 81 pas
man named Emanuel board renen, Ger the day he
oied lsaw HIM alive bet eight nine o'clock don't
reneInte, the day. either Tuesday Or Wedne day
vas the hospital forward part Of the cabin; heard
the captain cs 81 hands TO close reef the main top ALL
few minutes af he ard him call wberewas all snds
/ then heard him tell to 60 up aloft then
came The hospital and up the gangway ladder.
went about three teps rem the top saw Captain Moo
ny standing By The pperai on the lee side of the main
mast he told this to 60 aloft more; he said
tNo was about fifteen feet from them; he (the cap
tan) then told VI onLel % bring him afs; there
some one cry go rope Captain Moony
TO the lee rigging ODonnel and Emanuel coming
along ths quarter deck the lee side-the weather
Size; the ship gave = tremendous lurch and pitched
them both the skylight Emanuel struck his
bead against the bit or hon bar, ana O'Donnell
struck his shoulder against the staupchion, they
were midway between Tho skyleht aud the wealth
er Iail " hen the .hip took lurch, the skyght
between the msirmAst and the BOBBY batch the ship
made n tremendous roll, and ODonnell had hold of
Emanuel by the mid le and they pitched over the sky
hgh the lee de the iron rod the lee side and s
about three tour inches .hck it six inches from
the water way he his head with his feet upper
most it tren epdous blow this was about fteea
twenty minutes nine O'Clock; fix the time by the
orders the captain had gwen me to report when the
esliey fires cut when ODonnell and Emanuel
At the lee rigging am ure of that was ut twenty
feet from them the time they fell the effects of the
fall Donnel laid him for three or four days; the
blew hard enough to break his (E nsnuePs neck;
Captain Moouy turned round fron the lee rigging and
ODoI nell and Captain Moony picked him (EmanueD up;
he sppeaed to to have been knocked stpd Captain
Moepy caught hold Of him by the right Size ODoDnsl
by the left Ind took him aft the ther side as far
- the mizeansst vent down TO the rital and ~ no
more re maintd the till and next morning;
wien / Emanuel that night there mi rles
his neither Of bis eyes out on hi cheek there
cut scars, Wounds on his face; say
blood bis face when they picked him up his back
towards ! heard screams; heard no screams
night slept the hospitals it is on tie opposite side
(twenty thirty feet) om the where Jerry xad
dipgon lept Waddipete ton was or the after part aud
the forward part. beard next morning. between
six and O'Clock, that Emanuel dead: the sky
lights covered down that night with shutters.
Juror What is the object in fastening them down.
To Mr. Cu,tng-n they we're rot fastened down heavy
break the esss they not loose boards, but
shut ers made purpose for them, snd psinted be
tween eight and nine o'clock Of the morning of the day
saw him tall n the galley In the forTard part Of
taace il screams bad taken place could have heard
them cid that morning hear screams cutlery
from That con paoion way: cid not hear beat
ing: / there from six seven O'Clock in
tie morning till six O'Clock a. night;
from the galley could not at the forecastls
cuttle the foot Of the las der between decks could
zee I,tneIiber Larry O'Btien at the time saw Imam
ne fall Lsry o BrieD did serve his watch: he had
not done duty for eight days oefo e. hs had
bso finger: bis tiger fortified: know he broke off
outy because he ufed to come to the galley for sarm
bshe lis finger the passengers used 10 Ask him
hoC GIc4 b. sAid very bad ",
afraid he wouid have TO get the hand cut of: never
him deck dun ing thai time, heard any say
lie Gerk he used to be lying deck, there
always two uneD the wheel Of the Roe cus in bad
weather. there two at the wheel the day
fIebk o.
Cre,sex0mire ed by Mr. Fullerton-Before vent TO
icos e1 The business Of Ia pain er; belonged TO Liver
pool Irishinan but brought up in Liverpool
have been working here in four shi since cane did
not here w IN the ntenron Of staying Why did
you hsckY "A friend IT mine advl ed me to STAY
there plenty Of work; CAPT Moiony told noe in