New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-04
LAW INTELLIGENCE.
Trial of Capt. MaIosry for Murder az Sea.
(cSnfiuaedl
SECOND DAY.
- q f-rprrrrr rOUpT--peforr JudRa NELsos.


Us CIRCUIT cOURT-BeiOre judge NrLsos
William DonDelly. sworn-Was ss~n<n on ooN'u 'ae
Roscus Joined her at Belfast there was sea III y"
bo1d named Emanuel he was killed on board We sniP
II sunday; when came on deck Monday m',h'hg
st O'Clock the dead in the wheel house saw
him at the previous afternoon; oa sunday norhus 10
deck to work be 10 the Captain <tcn -
~ss be- ard slept ia the same bunk he came on ds a
Sunday morning little after O'Clock he had OccSsioa
to 90 10 the water closet below heard screecniag
from there | went 20 the c0mpanionwsy and looked
down. ano the mate beating Emsnul aud the latter
running up the comPaniopwsy Emanuel made toward
the captain the Captain walking the qu rter deck
the Mate said the msn skukirg do an below; beat
the s-n Of b-h" said the CAPTAIN the two OF them he
him several boss the M,te had double strap in his
hand and the Captain Delaying PIN the Captain struck
Tim the head he struck HIM pretty hard 20 hurt
him sax the blood come down his neck and face
he beat and aferws taAen INTO the whsel house 70
have bis head dressed He must have been ordered in by
The Captain or ste or he would not go IN SAW him
go into the wheel house, and then iorwsrd 10 my work
next saw him at o'clock in the berth hef0ec sse when
went down for drink of tter; spoke % him; he told
n his head very bad there two cuts Ga the
top part of his head and two cross paSters his HAIR was
cut short behind and quite short where the wouods we're
my next watch common ed az 4. and went Oh DICK
Emanuel oid not 90 deck; be was lying IN his BERTH
be las sent fer about O'Clock the Captain came for
ward and told 0'Donnell and johnson TO tell I'm w
uel 10 come up, he wanted him the maa did
not come up directly and the came and told the Gap
tain he would not up the Captain went to the CON
panion ay and told the watch eow they dd not send tha
= Of 6-h up he would have ala b,nds up; Emanuel
then up and appeared to be crying thu Captain was
sanoirg there with Delaying pia 10 hi hAnd and hi him
the head several times he then told the two men AID
me 10 bring i'm AFT into The wheel house he kept beating
him h the eiaing pin till they opposite the cap
san: the ship took roll TO windward just then. and the
four slid down, sitting agsinst'he lee scuPpers put
ny head the Delaying IiU the Captain SAID Don
nelly Did you that of b-h try to heave me over
board ?" "yes Sir. said the man made no resistance
of that kind and sign of his going TO throw him
overb, AID throw body else the man was
not fir; | said yes, because | expected II l did
net say that would be used Just in the very
way myself and that is the reason said It; the captain
then told the two 10 bring up, To wlniward 10 the
wheel house and the Captain kept beating him all the time
till he got into the WHEEL house the Captain WAS before
him and one of the each side when the Captain got
into the wheel house. the Captain going in stern forem st
and his feet knocked against the er and he fell upon his
bottom he had hod OF Emanuel by the breast she others
At his sde aud brought him down with HIM as he fell the
Captain down, Emanues head on his knees aud beat
Emanuel the head and body while ne was ia that po
on the Captain then told the second mate 10 bring r' IN
the cabin pair of handouts and Put on hun the second
mate broug ht pair and hsndcufed the man, with his
hands behind the back was standing IN the wheelhouse
at the time the Captain having called me TO help
tie him up | helped as Tar as | could out
much a rope dashed round EmanuePs knees before
they put the him the rope then taken of his
legs and be made fast with the rope TO one OF the be-
laying pins in the mzcn mast close 10 the mast with his
back 10 il make hun fast said the Captain so that the wind
will blow upon his face the Captain was standing along
side OF him, and hit the several times over the he I'd
after he wa made fast with this Delaying pin Mr.. NJ inD
the Mate then along and took the end OF the
mizen opsan ceg line in his hand here Is the son of
btch said the Captain that tried to throw me overooArd
the second Mate then struck him with the cew lice over
the head the Captain said. Mr. Mum don't strike him,
have given him plenty, at o'clock | went below and
got my supper and the still there was next on
deck nj O'clock Emanuel was in the same place went
10 the wheel when came deck was there about ten
minutes er quarter of hour when the man came crawl
ing his hands and knees into the sheelhogse he had got
clear his irons somehow other he stood ,nst ctk
OF beer which dashed there with his hands and head
down and said nothing he remained there considerable
time till Mr. Mum saw the handouts were on MN ana
asked him where they were, ana u g mh mane Nun no
answer Mr. Num- second mattel went down below, and
the ch fmae up with another pair OF haudcuis ana
put them him Mr. NJ went out aid got the other par
Of handouts by the mzen mast Emanuel WAS taken out
by the mate AID johnson and DOM ELL aud fastened 20
two oayiis by the mizenmast he about an hour and
af and he asked for water lee bly, water water water
that way, and reported Ito Mr. Mum and IN shortme
Mr. NJ told boy named Bob To bring some W her out
Of the freca there water there and he brought
the pot AZ along with him, and Nj NJ. went down into the
cabin and got some water; Lett him there when weut
at ~ o'clock II was very nety weaheri snow and
seet and weather of that hind At 10 o'clock when left
the vessel went and looked a, him, and his face all
cotted with blood there was nothing on hs head
went and got Scotch cap of my Own, aud put ON him
lis hair MI frozen and cottvd he had no Jacket
on he had flannel shirt and under shirt be had no
boots pair by the mizzen mast in tne morning
one OF the had brought them up, but they were not
nut on before 10 o'clock the doctor up with small
dark lantern and Just held to his face and looked at him
il was about % O'clock was at the wheel did not see
him after | left at II, TIL o'clock, after came up
again whfn Mr. Suly, third mate, called me iutj the
wheel house to help him up; the man
was wing down on his SIDE and looked al his face did
MT assist to sew him up | tod Mr.. Suy could not do
anything in the way OF sewing lnm up account OF my
hand which was bad stald there but few minutes;
did not put my hand him. but looked at him his appear.
al ce was disgust could not tnd the
man; there amp in there at the time of his eyes
was han ng outside OF bis head by the eyeash there was
his face from under the right eye TO the of
bis mouth SIR Ha.am the Mate, called ms and a French
boy and another boy named Ton 10 60 down aud bring
sand stones to sink him wen, down the stones
in An empty water cask we brought three Of them
took them 10 the wheel house and gave them 10 Mr. Sally
he and chap named Welsh were sewing him up; hid
sewed him up down 20 the knees he sewed up in cid
csnvss / then went out soon aterward they brought
him ont Of the wheel house, four Of them and threw nm
overheard by the uzzen rigging the hands not called
he not placed upon plank prayers or anything Of
the kind said have known two or three cases Of
death At but there always prayers and plank
over the gang way have passengers die, too but
never knew man launched overheard As he was the be
LAYING pin IS about 10 inches long, hard wood such
shown about Il inches diameter thick end, and inch
smaller end
can ship about years ago the Ernie belonging 10 Bath
i0ned her in Dublin. but remained on board only or
days missed my passage made passags in sh FIN
land, an American ship about years ago went RON Bal
tnore 20 Liverpool went home 20 my family did not
run away the Captain dsch rged aud others never
belonged 70 a OF war; Il was on sunday the man was
beat, aud on Sunday night he died J am not mistaken
about that did not the Mate strike the over the
head when hitting him with the strap in the forenoon; he
b, at him over the back the Captain then got Delaying
pin BY the main rigging and both struck him at The same
time the Captain hit Inn as % bring the blood he hit
him Overhanded blows two wounds on top of his
head or say blood coming in two streams down his face
II il came from two places top Of his head never
any wound on the back of his head but did not look
fully bis har Was cut short OF except Immediately in
front did not take no Of The 70 try take him 20
the vheelhOuse az o'clock my hand was sore the Cap
tain told the two other men 10 take hold OF him. and the
Captain seized him by the hair the head in front he did
not re. but got kind OF On bs knees try get away
Ill., .,ay from IN aavard