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

rpsausl from the snatch block; dressed II again in
ana put On new: he looked veil enough did not hear
he was IT. wadron ruptured on the 10th OF January
~hsn was called At four SSssk as captain cane up
whether the captain WAS IN bed.
[The docter's memorandum was produced ct the re-
guest of the prosecution and examined by NJ Fullerton
Cross examinedI am in the habit Of keeping diary,
andum Of tcknesses, births and deaths; gone
lily keep il clean piece Of paper, like thar half sheet
Tia reason Ihaye intsrned 1t is had forgot en- soms
things, and then entered them the next day. Q-Here
duplicate entries of deaths; how is thatf A-Thsy
we're entered the time the entry the LEFT CO.
lunn and the entry the middle column made at
the time; knew the man by the name ofSpanisrd
knew 1t emanuel until after his desth nrst
entered his death as sraniar then recoectd that
it should be Emanuel and erased Spsnsrd and prt It
down manuel read it over this morning, the wnole
of it. with Mr.. Hoffman Mr.. Cutting and Mr.. Betts.
QWhere the diary your outward voyage TO Liver
poo9 Nothing occurred on board We sailed from
liverpool ON l6th December recoec the entry made
in that memorandum, that GRUMPY had his arm broken
recolect that his finger broken he told me 1t was
broken by bucket; do not know myself nov II was
mates room). Q-was he not kept locked up ia his
for three days without food or waterS A-Not to
Mr. Cutting objected to r,ing any other cause.
Court thought the questions should be confined 70
this case He did not think as the case new stands,
that there opening for the question He Was not
inclined to open it.
Witness continued-I staid board the Rosc1s while
she in port before she returned to LIVERPOOL Capt
MoIoney slept board believe he went to Padelphia;
he did sleep board but the first nightAter he ar
rived; knew Capt Kearney, Ct the hip Liverpool
Q.-We-e you ever witness for Capt Eearney in .
Mr. Cutting objected, Is that had nothing to do with
H. fSs,;sn s e Srs the question
Capt Mooney that he need not be afraid he would
swear him through as he did Capt. Ksarney.
Judge-Pui the question
Theu arapo cd
Witness answered-No, sir, did not; was q
witness Capt Kearney and never knew he had suit
lony or any of his friends, that / would swear him
through; never told any that did not examine the
wounds for did examine them removed the scalp Siey,
the third mate Capt Moony and Haslem present;
had my of instr uments win me; was not deck
the night before Emanueps DEATH after between six aad
O'Clock until called at four O'Clock In the
morning that swear to positively went on deck then
60 down in the steerage; lid not then see Emanuel
Q-Hsve you not told any ore since came shore
that the captain killed Emanuel by beating him? ANo
A Juror Did Captain Moony and you speak about the
fracture? A-Yes; / slowed it to him, and told him
It said what caused it, Ayes; oDonnell said
Mr. Fullerton objectel to the question: and it not
admitted.
Witness continuedne Of the boys, Tom the French
boy, was in the wheelhouse that morning when came
up after; silley. th third mate, was there Q.-Do
You judge that tie patient had his senses after
stunned at the tine he would recover his senses
after time; compound fracture Of the skull caused
as IN ny .ssn ,ssss 10 @
Q-Would it. wbse there is pressure of the brain9
There in tiS case pressure of the BRAIN although
his senses carr say that he did for did not him;
there was not vTy much pressure on the brain il
had seen tn nH1y when nit It was fresh should
trephenDg would MT have saved his lfe the wound
too large; did not rmove the skull; could tell how the
brain affected from the external appearances
knew patient saved had ouch ipjuries it not
proper to leave man Injured in that condition out
deck the paper (the msnorandum) folded in that
way board the chip; oLthe back Of it put
randum of Donne the hernipg Emanuel died; it is the
statement of o'Donne. which was, that while he and
that Emanuel pitched Of his head against the side Of
the ship Q-Why was it necessary to get such state
nent from ObonnelE A-Mthirg more than ne came
Q-Don't you kno~ the captainsent him DOWN. A.-No,
do not was making entry Of the death; the cap.
tain there. and Num- and cabin passenger named
Willis made the entry but hat design for it; Mr.
Mum was taking the statement, nd took memoran
DUN of it a. the same time not aware that there
this diary not put on after hid written the
rapdum of the death was not written after my return
voyage to Liverpool the paper drawn up by Mum
signed by of the passengers lsmed Willis, and
signed it: didr't thing that occurred deck;
Tho & ana ne a saa he
statement from ODonnell. who was thu that fell
with Emanuel, did no. hear Captain Molony tell Mum
to draw up. Didn't Num- az the same tine draw up
q piece Of paper for Captain Molony to transfer the
charge OF the ship 10 hiu9 A. No, not that know. O.
And ednt Captain solony sign such your pre-
sencef A. No, lie did not. / never toll Gunby that
witness for Captain Gardener Of ship Liver pool
and got rim clear never was witness for Captain
Gardiner; came into the wheel house when Cap
tain Moony beating Emanuel with Delaying pin.
and tell him that the man was nsepsibs never saw
CaLtsD Molony beat any one With Delaying pin.
To Br. Hoffman q Dor nell's shoulder was sprained
with Il, at lurch and he was laid up the officer with
The whole Ct TIE tine down in the CABIN Of the ship
LIVERPOOL, when was getting the memsrardum. We
M fnonG r.or vniV, xhrrn
Edward Cunningf am deposedI am now csnfDed in the
Kpgs County Jail for rotng last election day. for max
two months help feed the rest the prisoners and
assist in locking them up; an assistant turnkey re-
one Of them tbey caed he
with two other eaors they came in thre Of them toge
Their Ben said he did not wish go into the cell with
Moopy's cell oBrien said "How are ysu, Captain No
onyf the Captain did not speak to hin; he (oBrenl
showed bis arm IN the wicket aud pulled out again and
you, ye son Of D. can " told him to go on, as
did not ALLOW such talk there; put him In cell With
hearing that Capt Molony's life in his hands, and
he would swing him he could he then GOT arguing and
struck the blows; they both said they struck;
laid to the other after this the three witnesses
kept together and locked up together.
Cross exsmned-I did not any come to
these three witnesses while they we're there;
asked ne to let them gee them the two men had been
blinking; thought O'Bren he'd been drinking though
he said be had not--that he was tired.
Q-Nd O'Brien give any reason for saying that? A =
OBren said that Capt Molony had taken sick man. and
laid his head his knees, and beat his brains
with Delaying pir; he ddn't say snythng else; it
wasn't my business to question him; he did not lay any
thing else TO the Captains Charge don't know Dr.
Christ than giving him his meals ] was
offered any monty to permit Dr. Christian to into
these witr esses
Daniel Dean depoeed-I confined in the Kings
county Jail for assault and battery; have been there
about two months assist the keeper in feeding the
prisoners ard locking up the cells remember the three
sailors, but don't know their names; / heard Of
them called 0'Brien, [Donney brought fsrwardl that
is OF the three men, State if there any eight
between these three men, and if any of them got an in
jury on the head
Mr. Fullerton did not to pertinency OF the question
Mr.. Cutting said that Donnelly had shown the jury
wound bis head which he said the captain gave him.
The question admitted.
Witness-After we put them up in the witness room,
tie deputy keeper down and said they murder
il one another; went up; the big stood in toe
middle Of the floor and Donnolly laid at the foot OF