The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-08

Charge ~ Murder ON ths high SECS.
UNITED STATES CIRCUIT oouRT.
Before Justice Nslssn.
unuI DANIEL MofONY, CAPTAIN OF TIE SHIP Rosuus
0ARuw WITH The MURDER OF KxASUM-
SIXTH DAY.
JuR The witness, Peter flanagan, WAS reSanso 70
hs staxd and cross smined by Mr. Fuerton-HAd not
his step since shsrt time after ne arrived;
Ssard from the Rsscus Yankee Chaps death took place
before EmanueIs; man whom they took IN 1t Belfast
ne saptap sye Emanuel the orders three times to go
mp the rigging TO reef the maintopsa and b refused
nsna O'Donne had his hand upon him; saw him
- up the rigging as lively - ever he went
we're taking in or letting out sail the ship was rolling
II not DonneIly instead Of 0Donne that took hold
= Emanuel BY the Captains orders to bring him aft
yss standing the windward side and made grab at
ss rigging when the ship rolled; Iaw Emanuel go right
head against the bulwarks; ODonnell got up but
Knanual made motion to get up until he was lifted up
Ss the standing
shps eadh of where whey fell most undoubtedly the
Captain and assisted in taking Emanuel mp; they
nut him sitting the wind ward side Of the mzenmast,
an coil of ropes o.Do you know why he was placed
ut the weather side Al thought that was the
uindward side; he was better off there than the
lee side there less wind there witness described the
lam not sure but don't think i is 10 feet from the
main TO the misepmast 1t is about 80 feet. Q-Mght
net the captain have rss, him inn with Delaying pin
don't suppose he could for tie glare of light was on
Inn and could have him; never saw the captain
stsAe Emanuel; don't know where the captain went
whom he went into the wheehouse 1t between eight
end nine o'clock at night mot at four O'Clock f.
sis Va. half an as.s r. bell.
NOV whose watch it was Emsnusls face was hidden
when him the coil of ropes; his face open
:d sSsd pss re- be than
week before that Halsem strike him the blow;
Iden,t knovH his head was dressed 70, that. Odd
gof Al did not hear him word but mo,
Captain it about eight O'Clock in the morning that
saw OBrisn in the wheel house; vent up oae morn,
ing &c. tooth out but the ship rolling so hard
the doctor would not pull it out he took it out next
To NJ Cutting.The lamp that saw Mr.. Haslem wit
was . little lamp with but one light in 'front.' that's what
To Juror-I didn't see any other passenger but my
seK the deck st the time. Ok they were there
Mr.. Cutting said that they had subponaed Henry Aus
SIM who at the wheel with the French boy; he
!. attendance the first day of the trial but they have
lost all trace of him snce they were told he the
Tenbs and they got writ OF habeas corpus but ascer
since that he WAS mot there He therefore,
Mr.. Cuttng-H the United States know anything Of his
Whereabouts they would obge them by giving them the
M Fullerton said they not only knew anything about
where he was but anxously looking for him them
NJ Cutting-H found, will stipulate to put him
r Cutting. and deposed-I am mariner; followed the
since 1882 have sometimes been cook and at others
board Of which shipped was since on the White swal
how Of Boston steward for San Francisco; had been
board the Concord Of Boston tn the wnasS, Castle Of
Boston, one Of the regular lines Of Liverpool packets
h, Sc: sailed in the William Penn, from Phadel:
phiA to Liverpool under the command Of Capt. Daniel
lolOny; shipped board the ship Roscus in October,
believe in this city; shipped as steward went to
liverpool in her, and returned in her: remember
named Emanuel . sailor board the ship; re-
member that he died board about the 18th of January
n.orning or little after went to the wheehouse to
trim the pinnacle lamp, and while there Emanuel was
room; went to trim the light In order that the
might see the rate the ship going the name of one
q the men who brought him In was Peter the
Il Frenchman); the other, was afterwards informed;
johnson, and black boy named Ward, came far
the door with him. but did not come in; don't re-
member ese after the body brought in and
laid chest his back went below for the purpose
of trimming light the barometer; the light which
Tor it and said he would put it in its place Hassm the
chief mate, asked for the light gave it to him. and
again returned below; could not have been half
hour from the time first went selow; l Enanues
lace when he brought In did not see II after he
by the rays from the binnlsie lamp which held in my
ft hand; his face not t2an two feat from
3-Now state 70 the jury whether there was ANYTHING
matter with either Of his neither Of them protruded
out hisace; there was nothing the matter with his
lace, am confident OF nat; there we're no wounds or
gashes his face if had not had the light could
net answer, but with the light am positive;
could the back Of mis- hesd coud both sides
of his face and the front of it, and the forehead
far the hair O'Brien was not there he was not
there any time while 10 the wheslhoase no one
held the pinnacle ligh. but myself while there;
when left put it Ia its proper place Gid not into
the wheehouse again before Emarue buried di,at
come deck till between five and six when Emanuel
brought into the wheeheuse he had pair Of boots he
had bought in Liverpool noticed them because they
half legged boots that butonsd up the side he had
told ne be had bought them in Liverpool positive
he had these boots him; them again in the
ing one lay near the boaswans door and the other
vhere.Emanuel had lain, when first Emanuel that
day was O'Clock in the morning at the galley he ask
Cd me for coffee told him be would get between
seven and eight; did not during that day hssr any
screams below see the mate beating Emanuel OBren
kssp his regular watch deck positive of that he
had been laid up with sore hand, and for three
weeks after tnas occupied room abaft the one occa
cd the rooms the boards dovetaled; there
opening at the top of the door between could
both hear and see what going on in his room, aud
could carry on . conversation from my without
xaissg my voice. did not hear any that
night at II o'clock but time between and Il the
ship gave q roll and heard heavy fall IL
fe from aloft the roll of the ship had effect upon my
stores it carried ay board where barrels kept
the roll Of the ship brought them away replaced them
Cross examined by Mr.. Fullerton--The barrels
stored in on their ends in the passengers berths aud
That heavy roll tore everything away was in my
room, about ten feet FROM the pantry when this took
place heard the roll of the -four barrels and
the breaking Of the crockery from where heard the
fall ON deck about twenty Eve feet my head
the pinnacle light required riainng several times in the
bed about one O'Clock for that purpose do not Know
where they brought Emanuel from; know 1t
o'clock for looked a. the captains watch in hts
did not look In the berth ard can't say II the captain
In bed the captains door opeD he usually left
OPEN he objected 10 my going into his room; il
was O'Clock by the watch noticed blood upon
Emanuels face did not any bruises; did ret OBJ
perve any bloed upon his clothes.
Q-George did you anybody strike Emanuel
ON board the bostl Al did, sir never
Captain Moopy strike him
To JurorI never heard it said By any on board
the Roscus that Captain Molony struck Emanuel;
beard it said since there were two at the wheel
forget whether the French boy there not don't
Iecollect whether Emanuel had oil coat or not
To Mr. Fullerton The conduct OF Captain Moiony
kind and coed to the crew have heard them speak Of
him giving them his clothes; said to any OF the
crew that they ought to Captain Moony for the
der Of Emanuel never said that they ought to him
Tor bis barb conduct to them; the captain
strike the third mate him strike any
bpAyd.
William hsnliffe (colored) deposed.--I a cook; my
last ship was the London packet ship Yorktown was
cook Of the sddons, Ashburton and the Roscus; Joined
the Rocius some time last fall went 10 her Liverpool