The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-04
UNITED STATES CIRCUIT COURT.
p.fnrs IN - Iu.tice Nelaon

address, but did not appear.
Charge sf Iurder oa tho High ssA.
UNITED STATES CIRCUIT COURT.
Before ca Of Justice Nelson.
TuAL noLoU, CAPTAIN or THx SLIP Roscrus,
CHARGED WITH TEE EusDEk OF EMANUEL
THIRD DAY.
JUNE 3.-Tbe Trial OF Capt 1olony called this
morning at 10 O'Clock Messrs. DuDnitg and Fullerton
appeared for the prosecution and the Hon f. b. Cutng
Hon. Ogden Hoffman and Mr.. Geo f. Belts for the &C
cussd The body and gslsre, of he Court denssy
erorded the majority Of those present being apparently
seafsrng men.
Mr. Boyd one of the jurors, not having arrived at Is
minutes after 10 o'clock the Judge imposed dne OF
$25 him. Mr. Boyd shortly after arrived and having
explained tho reason of his absence the tue was re
mitted
William Donpely was then called, aud being examined
by Mr. Dunning, depo'edI have followed the seaaring
business for two and twenty years; | board the
Rocius joined her the 2lst December last, At Bel
fast; she bound for New York; left her the Sd
Emanuel on board the Ship he did not arrive here; he
was killed ON board the ship; can't tell when; 1t
day morning; he dead when came on deck
on Monday morning; / saw hum alive on Sunday
morning when he came on deck TO work; he and
l were in the captains watch Emanuel and / slept
in the berth, he deck sunday morning
after breakfast little after clock vent to work.
aBd Emanuel mad occasion to 10 the water closet ani
heard screecbDg below went towards ~sers heard
the CRY ing ts the companion way betwiI decSs and
the beating hun, and Emanuel running up the
companion way; Emanuel made towards the CAPTAIN
the captain walking the quarter deck, the mate
said the man was skukne down below: beat the son of
b. ,aid the captain; the captain and mate hit him
several blows the mate had double strap; the captain
hsd Delaying pin; the captain struck hum over the
head; he hit him hard enough to hurt him; saw the
blood coming down his face the man was beat there
and taken into the wheelnouse to be dressed BY
the doctor he ordered into the wheel
house by the captain mate, don't know which l
for~ ard about my work. and did not what
done in the wheelhouse next saw Emanuel st four
o'clock, when / went down for = drink of water he
was in his BERTH In the forecastls went to him
and spoke to him he told me his head was
very bad there two cuts on his head and ssters
across them his hair not the same that it had
been before it had been cut short where the wounds
we're; my next watch commenced ut four O'Clock and
went on deck Emanuel did not go deck; he stopped
in his berth he sent for by the captain 1T five
o'clock the captain came forward AID ordsred
ODonnell aud johnson tell Emanuel to up, that
he wanted him; they demanded him to come on deck
directly ODsnnel and Johnson came back and told the
cms forward to the companion the watch that if
they didn't seRd that son OF 81 he would have
40 soon as ever he came up the orecaste cap
tain standing there with bsaypg pin in his hand,
and hit him over the head several times he said to the
two and me TO bring him into the wheel house
he kept beating him with the Delaying pin until We
came abreast of the capstan; the ship took
roll to nd-ard, ard the four of them (the captain.
Emanuel o. Donnel and Johnson,) slipped down to the
eeward. before the captain was standing close By the
eapstan 1t this time the captain got up and said to
me overheard ~ / said yes"
Odd you see him try to heave the captain over
A-No sir, the made resistance;
to ray that he did not try 70 hsave the captain
ne did l see him try heave him overheard, said
yes, because WAS afraid would be served SO myself
windward to the vheelhouse, and he kept beat
ing him AL the time; the captain was before him.
Ans the two other men At each side Of him. when
ey ~ mp to the wheehouse the captains feet knocked
against VI. ..ller and he fen Emanuel betwixt the
o'hsf tHo the captain fell he had hold Of Emanu
down With him when fell had his head
owe: his head and BODY hs asps efssos him
told Mr. Mum, the second mate, go do IN and linz
up pair Of haDdcufs Mr. Mum broIzht u the hanas
standing in the wheel house and the sAtsn called
to lend hand TO tie Emanuel up; did veil =.
could Of my hands bad, be tied with -ope
about his knees be he tied held his kns
together while tied the rope onnd his knee
when he was handcufed the rope was taken Off and he
was take 10 the mzzenniast and made fast make him
fast says the Captain so his facs Will be t. wind
ward; the Captain standing close size Of him
while he being made fast the Captain hit him
times The head with the pin after he >de
fsst; Mr. Mum came forward snd took the end OF the
captain .ad to Mum, there's the lazy son Of
that tried 10 throw overheard With that Mum
hit Emanuel over the head with the clas Hse; ths
gave him plenty he Was left there till clock when
went down and got my supper; was next deck
O'Clock and Emanuel in the place; went to
the wheel and there for about fteen minutes
when Emanuel ct clear and to The wheelhouss he
stood with bis bead hang DO sn and his back against
cak OF beer that was dashed there he said ching he
there for considerable time until Mr. Mu1 ohserved
handouts of him. AuBn asked him where the hsndcul
W,
and then the chief mate up with = pair Of hand
euhs, and Haslem (the chief mate) put them on
s Se ad mot put aoi s h behind him this
cuffs unscrewed Ena nue then taken to the davits
and put up he there for hour and half and he
asked for /" water" water (wtness initiated the
weak in which deceased spofe) reported it to Mr.
Mum and he told boy naned Bob to bring water
from the stle the boy said there there
and Mum down got the cabin The water
offered him, but he wouldn't take it, Ensn le was
there until the II o'clock it was very nasty
owtD TT of and aeatin ~ha
| left the wheel looked at him 1T 10 O'Clock; his
| face all clotted with blood his hair
was all frozen and clotted together, ard l took an
old Scotch cap ard put 1t on him he had no
jacket on he had boots on. for his
on when he was tied at the wheel house, he had
inside hrt and flannel shirt before 10 O'Clock (sbou
9h, the doc or came up with lantern passed Emanuel
placing the lantern TO his hcs did not Emsn ue
again until after 4 O'Clock next morning vhea Mr.
suley third mate called me to help him up was in
my bed when he called into the wheehou.e ana
looked at Emanuel he lying down on hi. side sud
looked at his face; did not sssst to him up; told
Mr.. sulley that could Dot assist to sew him up,
my hand pad | did not examine or put
him; the appearances Of his face dsgu,tei zoe 50
was not able to stand him; enabled to see
him by lamp that there Of his eyes hang
ing out by the lover eyeash; he Gu. from his
ne and two Of the boys "a French boy aod boy
Dsmed Tom) 10 go down and fetch sandstone we
went down and brought enc piece each took them
to the vheelhouss and them to Suy; Emanuel
rarity sewsd up At the time in old canvass; want out
ard left the stones and stood the rbosrd side
Of the deck when they had him sswed up Of the
brought him out on the leo side and launched
hun overbosrd the hands were not called desk TO
witr ess IT. he vas not placed IN plank thse were no
prayers said orer him; have buried A. SEA.
and slways heard prayers read them the baby
placed on plsnk AID thrown in; never MAJ
buried like him before "a belsying pin about inca
and half thick producedD tbs Delaying pi. ussi
such a as that
Cross examined BY Mr. Cutting Served on su Amsriesn
chip before this, years served the Erin
Bath joined her In Dublin but missed my passage il
her did not get my advance; the last Amercas sh9
in the Fiplan; joined her in Baltimore and sail
ed TO Liverpool the captain discharge and
l did not come back Ia her. Q-What makes you think
that 1t Sunday he was bea3 Il AN sure Of it;
I'm not such fool but can tell the day Of ths week
(IAughter) The witness cross examined at con
sde able length to his position the ship during
beatDRs and as 70 the distances several parts OF
the vessel IT was the chief mate the order to
him tied up the secoud time, when he placed be-
tween the dAyits; did not hear ably else give ths
order at tue time the doctor up with the lantera
and looked in the mans face his eye hanging
his cheek did not Ol3r.en take he binna;s lam