New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-03
LAW INTELLIGENCE.
Trial for Murder ut sea.

LAW
Trial for Murder ut sea.
rs CIRCUITkCOURT-Beior Judge NELSON.
The trial of Daniel MsOney late master OF ship hoscius
on ipdicme mt fer the murder of seaman called Emanuel
was proceeded in yesterday morning.
The Jury, after several good mems feelings mad been
hurt apparently usual by being set aside without cause
or at least any sSsgned-was completed and the
trial went on.
The Assistant District Attorney entered noHe prosequ
in the case Or relates 10 the Indictment re-
spe,tng Emanuel the present easel but not as to tse
termed the " Yankee chap
TIE TRIAL.
The Assistant District Attorney opened the case to the
jury On Sunday forenoon, 9th Jan, while the vessel
was on her passage from Liverpool the Captain beat the
man severely with Delaying pin over the head tho mao
was snied below at O'Clock he dld nor come on deck
being unable do when tn captain dire ted ne should
do so the Captain his coming up beat him again with
the b.lsyng pin had him led upbeat hun while there.
and fastened him in an exposed SITUATION ana IN storm 20
about O'Clock and crawled to the wheel house but WAS
sgsin tied up and at clock in the morning ne was IS
certaDtd to be dead aud without the u'u Is OF
burial AT sea his BODY thrOwa overheard The
Assistant District tOrney described the beating and the
other matters being exceedingly cruel lie insisted that
Ii was cast OF Murder.
Bv request of counsel for prisoner all the witnesses but
the one on the stand directed 10 withdraw.
Lawrence o Brien sworn-Was a seaman on board the
H. scius board of her in Liverpool in Dec last
n. left Liverpool about 4h 10th Dec; there WAS
peson Oh board called Emanuel-a sailor before the mast
he was killed board the vessel SD ut second Sunday IN
January him the fore part of the day between decks
after br, skfas he appeared TO have been down TO the
round house Capt Maonry was on the top deck AZ tno
time SAW the chief mate, Mr. Hasen, beating Emanuel
with strap Emanuel rushed onthe top deck ana the IN -
followed HIM, driving ard beang him; went on deck i'm
mediAtey afterward and saw the Captain beating Eman
ue with abelayngpin hewoud knock him down IN th-lee
Supper and he IL get ne Knock
him dc again did not notice which pat ot ths Delaying
pin the Captain held in his hand he struck him on the head
shoulders ano he appeared to strike hun with his
full strength then went down to the fOrecaste, without
IT Il AZ time seeing the effects left the Captain beating
him on tue deck what Cured atersard 90 not know
this WAS little while after bre kfast next saw Emanuel
about 10 o'clock i'm the wheel house he there to get
his head dressed by the Doctor the Doctor asked
NE 20 OF the mans har OF his hair vas all clo
ted with blood aud his face covered with blood the
Doctor dow and got pair Of SCISSOR and cut Oh
he mans hair At the Doctors request he said he could
not that mans head unless the hair was cut Oh there
Was cut 10 the top the bak Of the head about inch
or an inch and quarter long; there slight bruises
besides on his head but deep cut except that the
Captain not present the man said the fofehng-r Of
his hand broke and so told the Doctor bur the
Doctor To bother hmhe had too many broken heals
70 dress without thinking ofbroken fingers the Doctor sent
Se man away wash his head which he did while he
was gone the Doctor dressed my head which sore
when the man returned, the Doctor put some sticking
plaster the mans head and sent him below in the fore
cas- e he remained below that watch the watch being
the man al that time de next saw Emanuel IN the
day watch at O'Clock in the fOrecaste he vas ly
ng in bis bunk his watch had gone deck but he had
not gone TO the scuttle, and said the Cap
tain sent for him TO deck the replied thathe
was not able go deck heard the Captain shou1ng
10 those b, low that if the did not deck he
would have all those deck that were below Was be-
low advised the man ~ go on de * he said he did not
want 10 go deck that the Captain would murder him
be said be all bruised and was unable TO work he got
out OF biz bunk and erawed deck the hest way that he
could the Captain standing deck at the time close to
the scutte could hear his voice " way 10 the deck
from below by ladder through the s5utus imne-
0stlly ster bis getting deck ne lrd scream aud
sound If blow, if he Captain had struck him then
the top step ana saw the Captain beating the N
with Delay ing pin and two men assisting to take hin att
10 the Wheel house could not where the Captain
struck him il regular scufle il was heavy sea
hi ship rolling they were 10 wndward at the time,
and the ship took heavy lurch, aud they all slid 70
leeward-sfl four Of them the deck yet the Cap
tain and the other two dragged Emanuel into the
wheel house and he beat him there the wheeh) st
the struggling to get from the Captain he was
screaming cut and crying could not what happened
after they got into the wheeh0use, but heard the man
ming was afraid 10 @ aft for fear should get
the same four five minutes afterward ! saw them
bring hn the wheel 20 the mzzen mast ab Jut
dstant was not close enough 10 MS conf
them tying the up was afraid to be seen look
ing on il being my watch below, and went DOM next
saw him Al o'clock when came deck again the next
dog watch he lashed to the rigging with his hAads be-
bind his back haDdcued and his face 70 sindward his
back was the mast and his face To wind Yard he could
not move his body, could ozly his head; he WAS
bare headed and without jacket shoes but besye he
hao pair Of stockings on the weather quite cold,
c.d drilling rain he had pantsOObs aBd red shirt on
blood do his face could not at that time the effects
of the blow but could aft.rward my watch deck
till oclock he remained all the time lashed T. he mizen
ms the rope being fastened to Delaying pin it Was
blowing hard and the weather very cold snd the watch
kept as far as possible in the wheelhOuse Just the
watch Was about relieved At o'clock tbs MA got adn
from the mizen mast cot loose; be crawled into the
whee, house the Captain below at the time heard
him give an order for the 10 BIZ la-ed up agan-and
he dashed up to piece alongside the bolt on hs
larboard side fresh handouts put him by the
mate his hands astened in 'front.' his wrists crossed
and bis tied up extending 10 line about the top OF
bis H. ad then nj below and left him. and saw no more
Of i'm that watch item about 20 minutes past -
came on deck again the watch at l20ciock midnight;
did not notice where he fret all hands went be
low al the pumps and there about 20 minutes all
hands went the wheel house whsn we came on deck
was cold did think Of the man supposed ne had
gone below IN few minutes the BOatswain cane rushing
into the wheel house and SAID the man was drad tns
Bostssain and Chief Mate and couple OF the hands,
ru,hed ont Of the wheehOuse and cut tue man down md
dragged him into the wheelbOuse, head hrsti wa
~ thst time N the leeward side OF the wheelhOuse
he was laid down on the broad OF bis back and they AL
lef him lust looked him and turDed away, Disguised
AZ the sight the Chief Mate sad to bring IN the pinnacle
lsmp ~ AZ 10 take the handouts of the took the
iT and down by the side Of thu dead man the m e
s.eTed 10 have great difficulty ia getting the handcus off
m. man the fesh much sweed the wis that
II covered the IRON and the skin torn off ia taking
away the handouts being then close to the man could
rec the effect his right eye partly knocked out Of his
be ad; part and part out his LEFT cheek from
the eve down, and his face all covered with blood
could the 10 his head there were any il be-
ng all glare # blood put my hand inside OF bis shirt
the mans heart, not supp0sng the dead then