New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-26

der en- on nrsoper who then N. he "a M the AMI
tbi. sbut o'clock next sag R.srioa about
and prisoner caught him by the throat snd struck him
the bead with Delaying pin, t,st saying 10 hun whs do
YOU scsd me fer ?" Miller staggered, and smh Of
III. seamen took him into the galley and laid him d,vs
went TO the Captain and 90, some medcae ana dressed ne
wound Il swal sound h. died on the night fshs
l4th Re was delnous all the time after ne was srass.
a.led him several questions before his death boz eoaA
get no snsweT out OF HIM.
Cross .xsmined-There were 400 passengers; cook
ing done in the galley for passengers unless IS paid for
prisoner aid not aept 20 into the galley, but would not
90 away there had been previous quarrel bel seea
prisoner snd deceased that know of there were but
lev sprinkes OF hot water went prisoners feet he SAIL
What did YOU scald 70. p and then took hin By tue
throat and struck him with the large part OF the beayins
pn do O, know whether he struck hin only one 81 ~ or
struck him me- re; decea.ed was rot black mar bat Q
Creole ne was very nice man. assure you t0blectsd
tol R.arton WAS in passion when he stuck the blow
he seemed cool whom he came mp; must have oeea Ia
passion al the time prisoner was quareEems msn.
auarr ling with the sailors deceased did Mt f when Ne
was struck; took hold OF him; il was with waca I'm
Guilty got prisoner away prisoner was os.angoa st.I
wards tie wouud the top OF The right SIDE OF ne
orehead about inches long the body was orosght 70
this City
took up the Delaying pin st the blow there
was blood upon il; pat the Delaying pan IN my box
Cross The Delaying pin In other hands
before put Il in my box the blood hsd been taken or;
do not know who took it of picked iiap aud banded g
10 Mr. Simpson the mate who returned il to and eld
ne to take care Of il and lock up; handed to the
Coroner after getting hers.
or S. from London. sailor; the isth Of April Was
called 10 nv watch in the afternoon heard blow struck
and looked up and saw the cook reerg heard Resrden
say Whist in the he'll did you sead me fr he had the 20
LAYING pin in his hand holding il up did not have hold Of
the when saw him the cook was bleeding from the
oreh, nd the cok asked Readon whsthe struck him tor
did not hear any answer the boy Thomas said Smith
had better him 10 the galley, and did So aud sat him
down. and DAVIS washed his head when look the cook
away Rerdon still hsd the Delaying pin in bis hand neTt
day saw the cock he crazy Davis shaved Cd the
hair near the wound looked like akind OF praise the
blood had been washed off said to him. how do yoa get
scng sp Ike to him twice but be- made me no answer hs
died hight If the llth.
DIR Uhn tesiifed TO having made post norton exsma
alton fund mark the right eye and corrospond-
ing mark on the skull about rs large as TWO saniag
piece also snsl fracture aud quantity OF blood at the
base the brain think the death was caused BY blow
from dull instruments IS possible that IL medical assn
that deceased might have been saved the
skull was thin.
Oliver Simpson sworn-was On board heard prisoner.
after the affair, say be had paid the cook
John Ferris swOrnWas chief mate of the vessel pris
oner that a rnoon said 20 tac cook had scsdsd hn
he had lot of -four side Of his face which, under
he eye, looked nilamed; heard no more iill about
O'Clock, when of the passengers said prisoner hM
killed the co" 10 the galley the cook appeared to
be asle p; next morning delrous aud contaued
so till he died, which M Thursday nights WIN pris
spoke to about being seaded told him he had
business in the galley he ought to have kept out oft
Capt Williamss deposition was rrad-Was captain %
the ship prisoner told me that the cook had thrown hot
water on him gave him some oil and cotton to put On
his face and said would the cook and have sctsd
prisoner said he would have revenge
Some other testimony was offered but OF similar CHAR
acter.
Charles Pellet sworn-Nas seaman on board heard
few words between prisoner and Davis saw, Afterwards
the cook throw water tin vessel and ALL at prisoner,
snd the passengers set up laugh then there was some
dirty dshwater thrown him. aud then some hot wafer
There offer Of testimony 10 show that the captain.
after the blow being struck caused prisoner 10 be tied up
srd logged but objected to, and decided not to be
admissible.
m g.. thor l,ovrcad On tha foronoon
The AReed Honicid,s on Board me Ship Roscias.-Ths
Assistant District Attorney wished that Captain Maoney
should be suaigned ON indictments for murder found
against him. i'm causing the death of two OF the seamen.
called Emanuel and the Yankee chap the only
they were knOwn by
MIR Cutting said that indictments have also been found
against DR. Christian. of the ship the same charge aad
moi, had previously been found against Capt NJ
IN the District Court lie thought that the latter should
be qusshod before Capt M. is srraigned He was also do
srous that Dr. C. be afaib ned at the time with Capt
m tried rt that In the event OF gcqu ta he may
be- called witness in behalf OF Capt NJ The Court viii
decide this forenoon.
SUPERIOR cOURT-sPEcAL TERM-Before Judge RoosxyELr
THE LIQUOR TRAFfIc -M0rIos foR isJvserioS.
Cbas Le0h Jeremiah Isbel Henry Duao. snd wn w CIR
oct Alderman Ninth Ward Excise Commissioner
Oton Tor Injunction Ia restrain The ssuing Of licenses
for the sale of spnuous liquors in the Ninth Ward The
application based statements showing the great njsry
To The unity rem the traffic, the immense amount Of
crime caused by H. the large expense TO the City produced
by il in various ways, aud the consequently greatly
creased rate OF taxes which the citizens
rous statistics in support LING somplaibt are shown Mra
Culver appears in sappor Of The motion. and Mr. Dillon
Coporavecea opposed The latter contends that Al
iniunc ,,on In such case be maintained, II being
ubhk e the cast Of the Washington market of the
Broadway Ralroad-in the fret of which fraud al
legged and the latter that there direct financial injury
to the City, sc
Tho Judge, on Mr. Culver commencing his reply init
mated doub. whether individuals IN which did not
particularly affect themselves but operatedupoD tho whole
munify alike could come in and claim Injunction, and
asked MIR Culver IL he could adduce any authorities the
subject Mr C. said he did not know that he could present
any decisions directly upon the point bat the correctness
Of the general proposition manfcst-whatever contrib
Tf and tae 1 n o ps S.sn
ed argument in reply 10 the points Of Mr. Dillon and
tended that injunction could be- maintained Decision
reserved.
SUPERIOR COURT-Beoe Judge OAKLEY.
Tobias schadle sgt. Jacob Febrenlocher
To recover damages for alleged assault and battery,
which was denied Verdict for defendant.
Victor Ber.aou Edward PoI.
Against Mr.. f. 10 recover $3.50 - for half pipe OF
brandy and quantity Of wine furnished MIR. John McNty.
sonnlaw of SIR f. now deadl for tie Alhambrl corner
McNsy to be charged 10 Mr. f. snd by latter the charge
aiterwsrd sactioned The latter is denied Verdict for
defendant
General Tem-Befors Judges DUER and PAsE.
BROADWAY RAILROAD.
Theodore MARITIME sgt Jacob shsip, and Others
This is a motion for Injunction involving nearly the
points the Of Mhau and others againt sharp
and others decided by the Supreme Court and now the
Court of Appeals. Argument was heard.
CIRCUIT COURr-Betore Judge RoosEvzLT.
George T. Stanley sgt James Wsson Webb
To recover damages Tor alleged libel IN 1917 contained
in police report, stating that man named Phelps had
complains at police that officer Lounds had received
Of him money and a note 10 settle complaint made BY
The article was headed "E1tortng money to hush up
complains" The declaration dcmurred 10, but the