The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-12
@AIsg Or MURDER on THE HIGH SEAS.

ne JuAgs's CAazge-vedict Of the Jury
1cquittal OF the r. isener.
UNITHD STATES CIRcUIr COURT.
Before Hon Judge Nelson
SnaAL ~ DANIEL noIoSy CAPTAIN OF THE SHIP RoecUs,
GARGKD WITH THE MURDER OF EnAsUE-
TENTH DAY.
JUN 1.-The Court this morong was, As on every
day Of the trial dsnsey crowded in every part Judge
Nsse. At quarter past ten proceeded to charge the
Gentlemen Of the Jury-The prisoner is Indicted for
the murder Of person by the lame of Emanuel on
board American chip the Roscus. upon the high seas
some time IN the month Of January last on voyage
nom Liverpool to this port. rh- Emanuel was one Of
me who had joined the ship at Liverpool He died
about the middle of the The fec Of his Death is
net matter Of dispute. The material questions there
l. Whether he was ordered board the vassels-and
n he whether not the prisoner as the bar the
master Of the vessel is guilty Of the otfences
oe nurdeved board the ship, that ster
the prisoner is the person who committed the crime;
and viii be for you upon the principles OF Law which
will presently state ard upon the facts the de
3ssmpe BY your verdict, whether the charge thus
made against the prisoner Is trues
Thereare principles governing this offence
2hat viii be important to bear In miod they VIII be
material in helping you to arrive At proper conclusion
upon the facts; for by apply these principles 10 the
evidence whom canvassing and weighing IT, you wa De
enabled to determine ntellgiby ~he her Emanuel was
murdered board the ell ano II he WAS whether or
not the prisoner chargeable With the crime Murder,
described in brief words, is the killing OF human
being by another with malice afore nsh that is with
PPisd. "-''' ''
confined to intention 10 take the life Of the de-
ceased but includes an intent to do unlawful act
which may probably or naturally end IN deprvins the
Express malice Is usually shown either BY words or &C.
lions which furnish evidence of design to take the life
Of the person case OF this description Is plain and
requires no Illustration.
The case Of implied malice is not obvious. It may
De implied or presumed from circumstances Of cruelty
and oppression attending the kill ng death evncny
wicked and cepraved heart regardless of human life
~ IT, upon sudden, and without adequate pro
vocation, ono person beats another cruel and un
nsuai manner so that death though it not
intended.
This principle is exem plfed by the instance Of park
keeper who tied boy whom caught stealog ood to
horses tail and drag HIM along and death ensued
Or the case Of the schoomaster who stamped violently
Npon the body of his scholar, 80 that he died
These cases held TO be of murder because
4he correction excessive and cruel ani such could
equivalent to . deliberate of killing.
They are instances of implied presumed malice su
Gent 70 constitute the crime Of murder.
Among other modes Of killing that may constitute the
incement weather with intent destroy him or in any
other way or manner where the death Of the person
would be the natural, if not necessary, result
In these cases the death may the crime Of
murder under the rule that who wuly and ieiibs-
rately does any act which apparently end the life
Of another and thereby occa ions his DEATH will be
judged 70 have killed him with malice aforsthought
less he clearly prove, the contrary.
As Illustration of the principle it held BY Judge
Story, in the United States Freeman a Masos sos
master knowingly and ma icoully compels him to 20
noft and he falls into the snsd it muir
der II there was no malice on the part Of the master it
would be mansaughter.
These are al the observations at deem it material
20 make, as 1t respects the principles Of la governing
this crime
Let me now for few moments, cali your attention to
3he evidence with view to preseL the questions OF fact
involved in the case to the wines e upoo whose
testimony the determn alton of tie tons win depend
Tie witnesses mainly relied by the governments to
support the charge IN the indictment are Lawrence. o.
HrraA yAln n lin m nlI.l. lsr t..ab
dington and Ann Waodington
They produced, in the first Instance in support of
The charge sgainst the prisoner and may condace to
method and clearer shensioa of the facts to
call your attention few moments their testimony
and then 70 the witnesses on the part Of the defence
am not going this evidence in detail but design
simply to draw your at enon TO the leading facts test
fed to By them. am quite your recollection
will 1T once ill up the outline.
You viii recolec that Bien testises to bsa ting of
4he deceased, BY the Captain, with belayiag PIN on the
morning preceding death upon the head aud shouders
This between and oclock in the morninx: that
Dis head badly by the beating Doctor was
obliged to dress it in the wheel house also that the de-
leased, ut O'Clock NJ, CO PEELED to ioin
bis watch, and again severely beaten Captain
fh the same instrument that AFTER this Beating
Ashed to the nizen mast, his bands tied to
9he mast behind his back with the
tde-the weather cold and stormy-wh no cothe, on
5he mizen about slock in the evening; aud the
aaahinG OF him up again, with hand cuffs to the
ntretcher along TIE boat resting dsvtt- his hands
ed up forward, high his head with his face the
vndward-the night still cold and stormy: that be was
kept there in that position till he died and was taken
down between and O'Clock in the ng, buried
overheard.
Wadron confirms O'Brien to the ma te facts-the
beating between and clock In the mo ming the cnt
OF the head the dressing of it in the bv the
doctor; the beating again between and clock F. NJ;
3he ashibg up at the nzenmas his olsen aging himself
between and 10 at night, and his being la he'd up
1T the side Of the ship to the along the boat
and his being found dead in the morniax.
Donlsy swears, substantially the state of facts
Wsddington testifes TO additional tsncss
ne swears that he saw the beating IN the incoming be-
tween and O'Clock Inc additional facts he teses to
are-a beating ct the cApstan between aud clock 10
the atersnon that the deceased wa kpocked do yu With
. snatch block by the first mate-the captain being
present.
Then this witness gives account of beating of the
deceased BY the prisoner. at midnight, he was
dashed to the side Of the vessel These beanys be-
tween and three in the afternoon ut the ca
and at midnight by other witness EXCEPT
Waddngton, and are additional TO testified to By
The three previous witnesses.
There is in this connection the testimony OF Mrs wad
rington In support OF hat of her husband 1t is very
feeble and adds but little strength TO hi. evidence
This is the substabce of the proof ia up port OF the
Sbarge against the poner and edly l. il can be
against the facts given in evidence the
Of the defence, the case is grave and calls
for serious and deliberate consider .on as you will rssd
y perceive when the Facts tried by The principles Law
governing this offence, already sa'ed.
Let me now call your stten don to the witnesses
Nm the part Of the defence They are George Henry
Assez, James Bell, Peter Flanagan George MsnIe VIVA
Aanlie, Margaret Carroll John Gcave. and Doctor John
Christian.
These the principal witnesses relied on for the de.
fence
ASSET the French boy contradics witnesses on the
part Of the government IS to the beating the Cap
lain, Of the deceased, between and O'Clock in the
spornng when he was brought up deck By the mAts
Dad also as to the beating 1t the bet and
1oclock, p. M as testified TO by waddpgton The
PISS was himself cleaning it the time; con,radcts
Penn also a. to the beating between and O'Clock P.
He speaks OF foggng with double Manila strap
Hlite after O'Clock in the evening" by the mate for
sobedience of orders He also tradicts to
deceased being lsshed up the side Of the ship ct
hdnght; that he testfes the decea was at tASt
OuR iDt Wh hons taad
Htting on the after skylght deck at the mzen
Assez belonged to the lar BOARD watch their
watch from IL TO O'Clock the morning Of the death OF
The deceased.
Bell joined the ship at Liverpool ordinsry YEA
man, but in about fortnight after wards placed in
the passengers galley passengers cook This
Contradicts those the part Of the government
the deceased having been dashed TO the mzen mast be-
tween eight and nine 10 the evening He sa,s tntt all
hands called At this time deck cos reef the
main topsa that the deceased refus sd to d. duty and
WAS ordered BY the Captain to be brought aft and then