The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-09
Charge OF Murder ON the High Secs.
UNITED STATES CIRCUIT COURT.
BAfnrA IuafiOa Nalson

Chax4e OF muruer ON tne High Soas.
| UNITED STATES CIRCUIT COURT.
Before Justice Nelson.
| -pyA, m nlv,s hoLoNY, CAPTAIN OF THE mn Rosul
| " rs1.r.n WITH TIE MURDER KxAHUEI.
-vENTH DAY.
| JusR AT 4bs stsia Of the Court this mornI
Witnesses wsre called a. - n character Of the accuse
Joel Jones' Judge :sS M.Toa n IL
ey in is4s ssds know n csot Ssion, when s tns
him hs was apparently nseD sxtess years o. age;
should think about the year 1SsO his no came 70
Daniel was then at sea, Is understood from r; abo
ten or twelve months after that he returned an %
pay his mother visit; shs continued in my faniy zoo
voyages he in the habit Of visiting his mothsr tia
Il the way hsve known hirc since thcn have notics
his Of fe after his return from long voy ago
endeayored to get him employ ed with the Mssrs Coses
was Ie'erred to Capt. Turley, and asked him il h
wanted boy he said rot; he wanted hand; he soor
command Of one of their vessels.
.,Q-What has teen the general character of Captain
his general reputation A-Good sir, as far as know
and have stated the opportunities OF knowing.
Cross examned-I speak of his character shore;
have never been at sea with him, and have
cated with those who have in contact with him al
sea- except so far have heard the Copss speak
William NJ Mcclure deposed-I reside ip Philadelphia
Captain Molony since March, 1851; have Known him BY
putation among men2 A-His character is good.
Cross examined-I first met him voy age from Phila
SAraUAC. i
passenger board all that have heard spoken OF him
was good went that voyage Ia 1851 ,ond cabin
passengers there were some four five arst cabin pas
have heard him spoken OF frequently.
To Mr.. Cutting-f was OF tubpenaea here.
MIR Fullerton-How came you heIeY
Witness From tho high opinion had of the captain
thought 1t was but Justice to him and to myself
John Thompson Of Philadelphia, a psr by trade
oePosed- Knows captain Moony six years; he is his
Q,-what 10 and has been his general character9 A
his era character until the present suit have al
ways understood him to TO energetic and good man.
q man who stood weh.
Cross examred-He has followed thu sea Frequently
during that time; have heard him spoken OF mild,
gentlemas y man at sea; have cousin, George Thomp
sop who sailed two az first mate with Captain
MooDy have heard seamen, shom can't call by nan e.
speak well Of him; Captain Moony srried Cap tain MI
chseps niece and lived in the house with him.
To Juror-Nevee heard of Capt Molony ill-treatlng
men At sea until hi. present charge
William Morgan Of Philadelphia deposed- heard
Capt Moony well spoken Of on sea and on land; known
cabin passenger with him, from Philadelphia to Liver.
pool. in the Sarsnac.
John Csstner of PHILADELPHIA deposed-Hes been a
commission merchant and has retired from business
am acquainted with Capt Molony have kno IN him by
reputation fer five or six years have known him person
ally piIce 40 have heard him very frequently spoken
Of never heard thing against him. have heard him
spoken of M driving that bound to get
ahead; ninele much amongst merchants and the mer
Thos wooc dsposcd- -R.sides in ndslphi,; / keep
pas enger bcsrdirg house between M and six years
psksepgers from dTeut part, Of Europe England Ire
land ard Scotlsnd many thirty forty omgrants
have stopped with ne vt time, know Capt Molony
about years. the ships that he has commanded stol
in the river near me- have bad many grants in my
house that have come passengers with Capt Mooay
Q-Do you know Capt. hvsrnys general character. :
Yes sir he is highly respected all qua; ters, and
have heard him spoken Q. by passengers; had son
who went out as second cabin passenger wsh him. and
he took him into the first cabin through kia:ness
Mr. Cutting ssjd there large auuber Of merchants
and others Of f. 'rde'rhis present
Tie Judge said tina! was not Necessary to give any
more evidence OF this kind unless the counsel for the
p osecution intended 10 impeach it
Mr. Fullerton sad be in'ended to go into evidence Of
his cha racter and conduct at sea-
The Judge then sad that the defence might reserve nny
other witnesses character until prosecution had
iml The testimony that point slreaoy given
John Z. B. Maxwell of New York, shipchandler aud
sailnaser deposed-Is acquainted with Capt Molony;
knew him BY reputation about two years. Q-Do you
know his general characerp A-Yes; it ia fsil, and
anable in HE disposition; heard any thing
a. ainst b. IA until this charge.
Crosse examnedI am not interested in the Roscus; 4
on in the habt Of supply ing Spoa rd Tlssoa Co.. my
acqrap,once with Capt Molony commenced By his com
ing for his supplies.
Mr.. Cutting said that he intended to examine Mr. Tiles
ton and Mr. John Collins as TO position of the davs &c
hard the Rocius. They In all day yeser.
day but we're engaged now.
The Court sad when they canie they could be ex
Auned
Abraham Hill er the United States Marsh for this
district deposed-I hold in my hand bench warrant the
United States against Daniel Mslony there is return
on I. o back of IT.
Mr. Fullerton objected unless it shown for what 1t
Done
The Court admitted It, He understood the object of it,
II might raise a question hereafter.
Mr. Cutting then read the return which showed that
Daniel holony arrested in Fhlsdephia by the
sho OF that district the Sh OF May and Brought
to New York where he arrested by the Marshal OF
the prosecution sdmit that the offence for which Capt
Noopy cas- arrested in Philadslphia is the charge
which he is tried here
Thomas Teston examined ard deposed-rhe name
OF my firm s Spohord, Tleston CO. OF New York; our
company time owners, or interested ia the
line of packets, of which the ship Roscus one; we
are not still owners agents. sold out TO Jas Foster
kpow Capt Moopy has been acq With him about
twelve months have known him by reputation for
yeral YEAR, commander OF ships out Philadelphia in
the employ oil Copes and Rchat and Watson made
every ugent inquiry to ascertain his character before
he came INTO our employ before we take captaia into
employ frequently exhaust weeks and digent and
strong efforts TO ascertan his cbarscter made those
diletnt inquiries after Capt. Moopys character, ard
after that took him into ploy commander OF
tbs ship To. ous found his general perfectly
untSCepti BILE he has been in our ploy
general character has been very good indeed; have
fouud him very quiet and gentle n his disposition
so III bbn many OF our captains
Cross examred never heard aoy complaints against
him by any Of the sailo's heard apy complaint
made by Mspohord he had the slightest difficulty
Nth bsuse inquire much about his oi
sailors ~ do about his integrity aud capacity COM
mspdcr; II svery important that should, for it ID
much easier 10 get cd crew when get good
mandtr don't Iecoilect positively that hase written
psr,icuay Capt Moopy TO treat his crew more kind
captains generally don't recoect having wrtteu such
letter 70 Captain Moony in consequence of plants.
John Ctllins Jr, merchant NeH York. deposed Iknow
The ship Rocius 1882; uy father, Mr.. X. Collins
built her fol his ne the dayis the outside of the
ships rail- they sie about two feet from the quarter
isI VIXEN tue ship is in port the boats generally
swung the iest point the boat would the
rail woulo be about two feet when swung the boat
would bapg about two feet rsm the rail- and about
foot above III fiom the ship deck IT is eight nue feet
to the top OF the boat the only space through which
the Wind lid pass would be under the boat; a
was stsrd dirg there the weather SIDE the wind could
only touch bis body IT could touch his f.ce; tbs
Ros,ius is about birt, gbt thirty nine feet u breadth
tie slRg goes btseoa the dayis aud is lished pretty
well up az least Gig feet from the deck three
fous feet out tIom the buiwaIks; jerry Wad
ding ton. witness in this case Saturday last down
by the door Of this building hsd conversation with
bm Waddipgton was trying TO convince the Ste Sard OF
ihs steamship Arctic that he (tbe ste Rar) had give
Wyddigion permission to leave the Arctic in erpool
The steward tated that such not the case, that he
had given him per ssiop then Waddisgton said
that he left the Arctic IL Liverpool without prm,s
sou but lie his wife to get permission after be left
H. that she did not get permission and he said hs did
not go the Arctic while she IN port; that tbs
last he Of her going out of port and that ne had
forfeited his wages then faid to him hos could you
swear to such lie that you were bonorasll dschsrg