The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-06-10
From the NJ Y. Herald Of May -
Charge or Murder on the High Seas.
United STATES CIRCUIT COURT.
Rxfo.. cLs.S L..ss-s Nxf.au

i
| Charge or Murder the High Seas.
UsITED STATES CIRCUIT COURT.
Before CHEF Justice Nelson
MAY 27.-The United States Us. Daniel Moloney and
John Christian, charged with the murder OF Emanuel and
Yankee Chap. on board the ship Roscus, OF which Mo-
oney captain and Christian the doctor. On the mo-
ton made by the prisoners counsel yesterday TO quash
the indictments first found Judge Nelson gave the follow
ing decision this morning.
have looked into the authorities the question made
by the prisoners counsel that the indictments first found
which have been RENTED from the district this
court should be quashed before the prisoners required
plead to the indictments since found In this court find
that where person has been already aagned and has
pleaded, and second indictment is found for the same
offence, the court will adopt TO get rid OF
the first indictment by quashing il, requiring nOis
proequi to be entered before requiring plea TO the sec
ond. There is good for this course. II the
person should be tried the indictments secondly found
and acquitted convicted and the pubic prosecutor
should then proceed to put him upon his trial upon the
indictments first found, the prisoner, having already put
in his plea of not guilty, might have some difficulty in
availng himself OF the former acqul,al or conviction as
bar TO the further prosecution of the indictment first
found. This has application 10 case like the
present The prisoners have not been arraigned The
indictments FIRST found. They have not pleaded. The
attorney for the United States claims the right 10 proceed
upon either indictment at his election and to omit any
i
this position. After trial upon the second indictment,
if the prisoner should be araigned the first, they
could plead the former acquitla conviction in bar So
they suffer prejudice from The denial OF their
present motion.
/ The prisoners were then put forward TO plead, and
pleaded guilty; their counsel, Messrs F. b. Cutting.
Ogden Hoffman, and George Belts, demanded separate
trials
Mr. OConnor the United States district attorney, with
whom was associated his assistant, MIR. Dunning, said
that he willing TO submit it to the discretion OF the
court The request has been frequently granted and ire
queniy refusedt belongs TO the territory OF the unde
fined discretion of the conrt AS TO the order in which
the prisoners TO be tried he apprchended the court
would not entertain that questions TO The counsel prose-
cutting for the United States after inspection OF all the
circumstances and the evidence brought before the grand
jury, il question OF nice consideration as to the
order in which these shoad be tried II the court
awards separate trials the party against whom the accu-
sa,ion is made principal should be tried first; and
unless the directs it otherwise, he Qhe district al
orney) should be constrained to Put Captain Mooney
trial at first, He admitted thai, in the first indictments
found, Doctor Christian not included. The first
grand jury fit not 10 include him; the second grand
Jury Gid think fit include him. secondary view, and
Captain Mooney must be considered as the principal
offender. II the OF Captain Mooney first tried
he (Mr OConor) would insIs, upon the objection TO
his examination a witness, which the prosecution
would be entitled He did not object to separate trials
but he objected to DR.. Christian being tried first. The
government ready 60 with either CASE but they
commended that the charge agans, Captain Moloney should
| be tried next.
MIR. Cutting said that Captain MoIoney's counsel found
that DIR. Christian indispensable witness for him
| long before the Doctor was included in the indictment
The Judge said he that the practice III crmi
nal cases TO accede the motion for separate trials
desired the part of the prisoners It granted
this court in OF indictments for murder the high
seas two years ago.
| Mr.. Belts The case OF Douglas and Benson.
The Judge sad he should therefore be inclined grant
the application. He should say, however that the ques
ton which trial first TO be moved does not
belong TO the court; that is question of discretion.
which rests with the prosecution The court has no
knowledge of the facts of the case, of exer
csng any discretion it. The public prosecutor alone
knows the facts 10 be disclosed he, therefore, ordered
| an entry in the minutes Tor separate trials.
/ Mr. Dunnng then moved for the trial OF Captain Mo-
loney for the murser Of Emanuel.
| MIR. Cutting asked for posponement OF the trial on
the ground of the absence of a witness named Henry
Lemon, carpenter board the Isaac Webb, her
voyage to New York. Lemon carpenter board
the ship Roscius the time OF the alleged homicide and
is an important witness.
| The Judge directed the trial to stand over till next
Tuesday.
Mr.. Cutting then asked for The trial of DR.. Christian
10 be proceeded with at once that the accused who
profession, should be admitted to bail his re-
cognizance
The district attorney objected, and still insisted that
necessary for the ends OF JUSTICE that Capt Moloney
should be tried first
The Judge refused admit the doctor TO ball. and ult
maely directed that the should stand until Wed
ncsday next, niima,ing that unless some substantial
ground be presented the part of the prisoner the
United States for the further posiponement he would ex
pect the 10 60 and If posponemen OF any du
ration should take place. the court would be compelled to
lie, the trials 60 until the next term
1 The District Attorney. The prosecution will be ready
The accused parties in this extraordinary both
young men OF gentemany appearance. The accusation
against them is having caused the death OF two
by tying them in the rigging and nfictng punishment
from which death ensued.
| SAD ACCOUNTS FROM THE GRrEx isLAsps-Da,es from
Zane, Ionian islands, TO The 7h OF May report that the
curant crop expected TO fail this year also Last year
there symptoms Of disease before the latter part
of May this year, at this early season, there