New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-08
LAW INTELLIGENCE.
Trial Of Capt. MaIoney for Murder M Sea.
FIFTH DAY.
II & cTDCTrTT COUpT- Ra,ora Iudga NgtsoN

U. s. CIRCUIT COURT-Beiore Judge NELSON.
Peter Flanagan the young who ast gave testimony
Monday was further cross examined but nothing OF
importance elicted-When the Captain and others took
Emanuel TO the mizzen mast they set Tim down on coil
of rope Thought in the most sheltered place. don't think
the CAPTAIN could have struck him without my seeing him
the light from the wheelhouse fell full upon them.
Mr. Cutting said the testimony of young man named
Austin is important He in Court the first day, but
cannot snce be found Mr. C. asked for attachment
Mr Fullerton on behalf of the Government said they
also DESTROYS OF the testimony OF Austin An attach
meDt was granted.
George MANTLE colored man, sworn-Am mariner;
lowed the sea since 1882, sometimes cook and other
lines as steward have now shipped in the clipper ship
White swallow, OF Boston, for San Francisco Witness
stated several packet and other ships he had been engaged
In was on board the Roscius shipped Steward IN this
Cily went and returned in her from Liverpool knew
En- snuel he died. think Tuesday about o'clock in
the morning little after; went into the wheel house.
and the man was brought in dead went TO the wheelhO
to trim my pinnacle lamp the body laid on chest in
tie bosswan ate part Of wheel house and went
below for the purpose Of trimming another hght before
putting il back in place the chief officer ked me r
the light few minutes and said he would put 1t in It's
place / again returned below saw Emannels face when
ne was fret brought in it distinctly was not more
than two feet from him. nothing the matter with his
EYES him by the pinnacle lamp neither OF his eyes
protruded confident Of that there were no wounds
or gashes on his face could not the back Of his
head could bis face, including the forehead and the
hair; OBren not ia there gnen he was brought in,
nor he there while was in the wheel house pat the
pinnacle lamp lis proper place do not know who got IL
after ef. did not 90 deck again TIL or Emanuel
had on when he was brought into the wheehouse pair
of boots he bought in Lverpoo he had told buy
INC the boots there they were hafeg boots buOnng up
the sides did no. the morning before his death hear any
screens below the Mate beating the man; Bren did
not at that time keep his regular watch deck he
laid up with sore hand slept next the room OF naddnS
ton and further aft there board partition between,
with a door in the partition about inch open on top
could see and hear what done IN his room and could
carry on conversation if disposed without raising the
voice; heard screams time between and IL tbs
ship gave heavy roll and heard fall on deck as II some
person had fallen from aOt the roll tore away the barrels
from their supports in the stOre-room
the noise OF the oarSs ana also
the sound deck latter different oeins over my
head 20 or % feet or my wife also heard them distinctly
had not then gone to bed usually rose myself II night
and trimmed the pinnacle lamp sawn was CLOCK Wnen
did 50 that night as passed the Captains cabin by the
Captains watch which hung up there was hgat 10 his
room did not look 10 whether the CapH WAS ID ais
berth or not: he usually slept with bis room door open
was in the habit Of going 10 the Capns room with bis
permission; | never any person strike Emanuel on
board did not hear said board the R0sciu that the
man had been killed with Delaying PIN heard il since
All snoke well of the Captains treatment board that be
gave the men bis clothes to make them comfortable
tine told any person that they ought sue Capt
Malouey for his harsh treatment did not see Capt Mao
| rey strike any person on board
William ManIfie, also colored, sworn-Am cook was
last board the packet Yorktown belonged the Sid
dons and the AshbuTon was on board the Roscus went
in her the voyage to Liverpool and back remember kma
uel bepg on board think he died Monday Tuesday
him thAtdsy he into the galley bout half past
had pair OF boots ia his hand he came to dry himself he
was very vet they having been reeng opsas that suet
noon 10 wished 10 dry the boots and bis cstnss ne say