New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-06
LAW INTELLIGENCE.
Trial OF Capt. MaIosey for Murder st sea.
THIRD DAY
RS CIRCUIT CouRF-Be,,

Il in ENGLAND the prosecution are only r-Qu al produce
the witnesses sent before Grand Jdry AMI ndosed M
n said no n.m.s are D6ors-d this Indictment The
Court said the Government have done all tina; could be r.
quired them they need not have entered unless they
pleased nole pr0s.qu IN his case IN which event the de-
tense could have csled him as witness lney have
entered the nol. prOsequ which proper uoder he cir
cumstancts anc the def nse AZ loerfy 70 cal him
The register Of the vessel was put in evdeace showing
her 10 be an American vessel
The Counsel fr defense then opened the case Captain
Maloney he said is but p years OF age born IN fha
dtphiS Of highly respectable parents Won MS way Ia tue
profession and AZ the early OF y was engaged D!
Richardson Watson. of Philadelphia, 70 take com nanl
Of shin between Philadelphia and Liverpool ser VII en-
Pope Co, of that city, gave him the com mana oil me
patk.tshp Sarsnsc-t he invited Vt the age Of ~
10 tske charge Of the packet ship Roscus 81 tins prt
Witnesses will be produced 20 show his high character
As Anst sue man cruel and helnGus CRIME mas oeen
charged and the few witnesses brought TO support are
ole HANDS glsh by birth two of them were native. ct
Ireland who have almost natural hatred against
Yankee Captain. Mr. {. alluded 20 the practice OF re
tanning witnesses NJ high rate 81 y per day which is the
amount paid by the United Stses an encouragement u
making charges There five indictments Ia the ctSe'
and it is the practice IN the Distinct Attorney ol'e -
charge the Government with the daily Allowance to the
witness in each case.
Mr. Fullerton for Government said there was no such
law.
Mr. Cutting replied that he did not know to the law
thst the practice and he supposed II would not be
acted upon, if it not agreeable to law; but MIR.
Rdgwsy present and state the TACT the assertion
is not correct
Mr. c. said that Capt Msoney arrested on this
charge Phsdelphiahe would have had right 70 clam
to be tried the being the place Of arrest but he was
DESTROYS meeting the charge he has been incar
crat.d here in cell he is already RY ruined
man Necessarily compelled to give up the ship other
have stepped into the possession ct that position ne
had worked for Dir. C. referred ID the charges IN
II indictment and insisted that they did not agrees with the
~ dence In relation to the pursued by the Gov
eminent. as 10 DR. Christian, Mr. { made remark IL being
known that he have the head of deceased AT
the finding of an indictment he hunted by Capt ~,
and induced to give up situation a. sargeon which he had
board the packeShip Liverpool and remain here a.
witness. He placed AZ the Astor House mousse suited
to his Iespe, billy of character Immediately on hs ar
irving there the Government arrested him rs witness
aud he has been ncscerad saoe the counsel not
having had opportunity OF conversng with him he
was then indicted well as Capt NJ, TOR murder, but
n,le prosequi entered Mr.. &. suggested whether the
proceeding was to prevent DR. Christian from beng
witness DR. g. has also been indicted Tor the murder OF
1.-The Yankee chap, but he felt certain that the Govern
ment would never put him on trial for t.
In relation the facts OF the Mr. C. contended that
the witnesses did not agree Ca the number OF wounds on
the head &c The counsel tor defense were particular m
getting them to describe the appearance of deceased Some
related his appearance IN manner that described scene
So terrible that person would look at Il without
ever after retaining in his mind-his head cut in various
places Of his eyes hanging out and otherwise dsh.ur
ed and VT others looked and did notice these Proof
the Jury bu; rely upon will be produced 70
show that much T the statement was not correct tha ms
eyes before and after his death were perfect and unnured
n AT there were marks about the lace. aud the only
wound be had was one behind, which was received IN
manner that Will be xplaned Mr. {. reviewed and con.
pared the test mony contended that was en ana
I'm atura will be shswn as 10 the leading points not
TO have been correct 1t will be shown that the man died
on tuesday and not Sunday that no occurrence OF
blow took place except ten days before his death, when
Mr. Hasan, the Mate, (whO had been indicted for t1e
urder Of deeess, by striking him With snatch bock)
Old 50 strike knock him down With block the Doctor
nterered took the 10 the wheel house sent for sc
sOrs ard Of his hair WAS cut OH and ths wound
dressed but the had got well before the period alluded
TO- The II p saeo from Liverpool with inefficient creg
many Of the among them The deceased disposed 10
u sl of M Il
the mans death he csed mp aud refused 90 60 to
work the Captain and two others were about to take him
at when the ship roll and threw the whole Of them
an 81 the lee Of the ship, deceased striking ms head the
G. lain then took him aft not knowing the extent OF the
injury he had received aud it that wound (which caused
his otaih lie he COUNSEL contended that the course OF
Can't NalOuey humane toward deceased and others
instead OF the reverse high character will be given to
Capt NJ there indications Of applause at the con-
cusion Of Mr C.'sremarAs, which were suppressed
TESTIMONY FOR DEFENSE
had been board the vessel by motion OF Assistant
District Attorney requested to withdraw Was born
in France Is years Of age followed the eight years
between avre and Liverpool and New York. and other
places went in the Koscus Liverpool and returned in
her shipped ordinary and took my turn at the
wheel was on the mates watch lthe arbDard) coming
over; the stuboard the Captains watch Emanuel
vas H. batter watch q Bren in larboard watch and
also Waldron Donlay in starboard; recOlec the day
Emanuel died his watch went on duty At o'clock aud
remained I'll L. my watch was below was in the fore
a piece If blanket the Captain gave me y Bren was in
bis bunk asleep, also was Wadron; Donlay was on
deck it Emtnu,s watch on deck he vas believe
SpaIiard or Portuguese saw Emanuel about hall past
eight trying to stow himself away the man deck, be-
cen water casks heard Mr. Hasam singing out for hun
he told bin to 90 on deck To his work Emanuel refused
TO 90 The mate told him he cid not do what he told him
be would give him good licking Emanuel then want on
deck, l went de az the same time the mate was
getting strap the Captain asked him what ne was going
do with u Dir IL. said he going 20 lick the span.
ri hn StO Ia AZ 3
should not 90 il went below came deck again at
clock caInot say whether tho mate beat him below
fere halloeng or screaming below; went back 20
forecase Bren was there and Wad on went on deck
az clock went 10 clean the capstan was engaged
cleaning til o'clock, the whole time OF the watch
Emanuel not cleaning the capstan thatday between II
and knocked down b. snatch block 10 the cIPsan;
ny tuu again az clock welt below about cot
PIE Of minutes after | went TO the Orecastle and
here ll ?, when went 20 supper went on deck AZ Inst
time 10 get the mems supper remained out about min
utes and vent 10 galley and got the mems supper and
NAMED gain deck about mnutei wa then below til
O'Clock, when ny watch vas called; then saw Eaan.
uC when below m O'Clock did not hear Tia Captain call
T. Emanuel Re was than lying Ia bis berth he went with
his Watch dec ~ clock and went below again ~
O'Clock with his watch his face was az clean ~ ny face IS
row there blood on you'd have seel II Il any
bad been there ] Old not anything ferent IN him
from asuai when went On d-ck 40 clock went BY
the main rigging to Keep OOkout and renausd here two
hours TIE Captain not IN deck til near O'Clock
did lot Emanuel after he went below at I'll sfer
O'Clock be did not come up with bis watch he went up
about half past the watch, during the time, reehng
IT, maintopsaii Il had before ha' been double reeied
hey about 20 close reef under other reeed ills both
watches engaged in reellgi Ne had carried aways
marngale AID iOreyard That a. en)0n had lJssa,
consequently left when Emanuel I'D not come up az
0 clock the Captain asked Mr. Haam where be 2ad
Dir. H. said he supposed he sOSed away gain
L. Captain took 4 dark lantern and vent below aIh
the Mate heard the Mate tell the Captain ,ha, be found
him slowed away under the topglant fo-eciste on tie
main deck and that tie place be always slowed him
selfaway not tae place where We SECT tney lOund
IA ere and he came oo deck with the ATTAIN and Al e