The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-15
United States District Court.
Before Hon. Judge Ingcrsoll.
X CASE or rHEopoRx 4. Rossrn.

THE CASE or THEODORE A. R0SSTI
MARcH 1l-7he Uwited Sscses agaisa Boaic-This
was called on, but ON the application Of Mr. schs,
Of the counsel for the accused, it postponed until
next morning in consequence OF the engagement OF his
associate, Mr. Smith in another court will be recd
lected that Rosse charged with robbery Of money
valuable articles from letters in the Post Once where he
when the jury did not agree and the government deter
mined to put him on trial before another jury.
CHARGE OF huTNY AND REVOLT ON BOARD THE SHIP
DEFIANCE, IN rHH HARBoR OF cALLAo.
me Unsted States 0g0ina Thomas Smith, Robert Ronerg
Waliam Walker and Charles Lxdsgio-Mr. Dunning
stated the for the prosecution the particulars Of
which have been already published when the
was held before the Commssioner The rv;cns-s 80
charged with revolt board the American ship De6
Nnce, Of which Captain McCerran master in Ssptsm
Der last his voyage from California to this port The
learned counsel read the section Of the act of Sd March
1885, under which the parties are indicted.
Robert McCerran being then sworn and examined by
Mr. Dunninr deposed- was the captain Of the ship D.
fance she is American vessel was her captain o.
her voyage from New York to San Francisco Cao
and back left San Francisco on 10th February, 1883
Charles Ludwig Of the crew. he shipped at Ban
Francisco for Callao Chincha Islands, and New or
b other ports the master should direct the other
~ a.r.. its became part of the crew; they Joined
ths hin - ch,.ba .s for New York direct; my
first officer Mr.. Deforest, and Mr. Prov ..-'
after these three Joined at the Chncha Islands
We were in the harbor Of Caao about three miles from
the shore Joined the ship for the purpose of fitting her
up TOT New York, she having been surrendered up BY
Peruvian authorities the vessel given up to mo- and
1 was about coming home; was accompanied BY the
to e o SIess 70 ss %
ORDERS then requested the representative of the Consul
TO forward and explain to the the
OF ther refusal to obey orders think the prisoners
there but from amongst thirty five mon cannot be posi-
tive; Walker, know, there the Consul smoke 70
them for five or ten minutes and requested all Who were
sposed to continue their contract to scp to sda az
the deck they replied in number of voices but ala mot
move; spoke them Also and told them no difcuisy
and
officers then went shore; asked them to step to
the after part of the ship to the best of my recoecon
II almost positive-al the defendants were there
and they did not move when the Vice Consul spoke to
hem, and asked those who were willing to go ON tn.
the ship 700 TONS and the consisted Of thirty
five men; reported the circumstance to Mr. Clay the
American ministers he directed me to 60 board and
he said If the continued to refuse he would send
them shore and con6ne them; In the morning the
Consul sent two officers on board addressed
the again for the purpose of inducing them to go to
work. they unanimously refused they were then fakon
aft by the solders the officers aested the parties
pointed out-smith, Walker and Ludwig were amongst
them; Rogers not arrested at that time; am not
certain about Walker the taken ashore; they
brought back again when the vessel ready for
been taken ashore, struck the mate with crowbar;
the return Of the men, those board haoed to them to
come forward saw the men prepared for Resistance
the forecastle to take out man who knew will
ing to do work but who restrained by the Others
then saw Rogers strike the chief officer with crowbar
Immediately went towards the man, when received
blow and knocked senseless don't know who gavs
the blow was carried senseess to the cabin and the
morning was removed shore, and suffered great
deal from the injuries Rogers the most prominent
in that difficulty at that time Smith and Ludwig wsrs On
except those on shore were IN the oui af
this there further difficulty the 10th of October
we had the ship under way; directed six men that
and ordered them to duty; named Ludwig as one tho
other three prisoners were brought board against
on board against my wish and they should 20 as prison
ers to the United States then again asked Ludwig he
~n 70 e a ns he :P
BY Smith and knocked down by tho blow; think
it with handcu he struck the Peruvian soldiers
me with his feet when he knocked down; these
were then sent below and put in IRONS and kept in
fnement the second officer was stabbed by Of them
he took of the hatch to look ct them Mr. Pride went
down below and Immediately jumped deck again, say
ing sIm stabbed" examined him, and found wound
hadn't got below whom he was stabbed his head ana
shoulders above the hatchway opening the hatch
tod them wanted to put them IN more comfortable
stateroom Smith refused to Gomez said would 10 down
at the risk Of my life and make them up Smith said
they consented to up placed them in the
state room suffered considerably from the injuries
! had not recovered from my wounds whom arrived
Cross-examined BY Mr.. John McKeon-I have been q
captain commanding vessels for twenty years have
rade in the Glasgow and also in the Mediterranean
reland the port Of Londonderry; have been in the
he ns
Guilty with the men at the Chincha Islands; don't
ecollect throwing Delaying pin at Smith; had
ection with affairs ut the Chincha Islands.
lr. Dunning said they had nothing to do In this In
quiry with the controversy between Capt AcCeran and
the Peruvian government
Mr. McKeon said he wanted to show that the feelnes
of the Captain against these from their refu
to join the Captain In his hoses against the Peruvian
government that the Captain loaded gun and wanted
to sink Peruvian boats which the refused to do and
Mr.. bunnisg defended Captain McCsrran. He knew he
had just claim against the Peruvian government,
an Mt that Me aRsy had paid aSa it. .n. ,.s
would not have paid him. 1850
Mr.. Cunning further said that the American Consul
the Peruvian acknowledged the Of their
officers, and made ample compensation.
c,oss,esamination continued. There was dimculty
at the Chincna Islands, ct the time leaving three
loaded with blank cartridge the other With bail; know
ship; did not give Smith directions to Are the gun
Smith assisted in the loading of the gum had not the
least difficulty with any Of the men about the Arns of
these guns was not armed at the time the gun was
fred the Peruvian authorities ON board and took
me prisoner surrendered the ship to them and then
taken before the Peruvian authorities o. Ceu
you give motive these had actingin this way
a: believe they were in continual state Of drunken
as witnesses ON the court MARTIAL believe the onoers
Of the Peruvian government supplied the with liquor
from having any difficulty with Smith offered to make
him my boatswan he declined it; don't recollcct my
ing when the men came on board, Now you dogs you
have had your day, and will have mine - drink IT.
was not intoxicated that occasion the day that
Smith struck me did not hit him with loaded stick
never had such weapon; never struck Smith.
Q-Dd you ever come from sea without having din
Guilty with your menu
Mr. Dunnng objected.
Mr. McKeon said he had right shew that the Captain
has been in the habit Of dogging his men, and is Of h
gous disposition and that he has been tried himself h
this court He, Mr.. McKeon was entitled to ask quss
tons tending disgrace the Witness and it was for him
to decline to answer them
The Court saidSuppose he had ogged men, then there
may have been just for his doing and In this
case they were not to into the trial Of other issues
The witness said he willing to the questions
but the Court refused to go into them.
Characterization continued do not recolect that
when fell had hold of Smith by the collar; do mot
recolect raising myself up by him. when asked the
TO come up they did not give . for refusing
that the cook and Another had been ao0ead they