The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-09
IMPORTANT SLAVE CASE.
Charge Against Captain james Smith, OF tho
Brig Julia Moulton, Ter Alleged Slave
Tr~R

Charge Against Captain James Smith, OF the
Brig Julia Moulton, Ter Alleged Slave
Traffic.
UNITED STATES CIRCUIT COURT.
Hon Judges Nelson and Belts presiding
Nov. s.-The United States against James Smih.-
James VIII re-examined by Mr. McKeon District Attor
ney. Q. Take these charts and show US the course
which the vessel took after she left New York her
way to the coast Of African
Witness marked the the charts, and stated
that she crossed the line between and lat, going
to the southwark Of the Cape de verd Islands.
Where did they take you to the coast Of Africa
A. South Of the river Congo Ambresetta marked ON
the map the second point where took in the negroes
is little further SOUTH lay about mile . mile
and half out in the open sea- way to Cuba
steered westerly across the line at longitude 25.
@ Point out the course you took when making Cubas
A. When making Cuba we went between the islands
Martinique and Dominique, and passed San Domingo and
Jamaica; entered to the Cuban shore between two
keys Zirzos de Fuara and Marcias de Fuara.
Q. Is Trinidad de Cuba marked that map9 A. Yes;
the Port Caselva is represented it, Cuo Blanko and
Cuio Zarso Cuio Zarso and Port Caselva the
things. Witness marks the map the place where
the vessel burned and also where the negroes
landed
Mr. McKeon-These the reckonings Of the ship and
marked No. A.
they bundle of figures.
witness-Ihe figures in Capt. Smiths handwriting
@. What is it?
Mr.. OConor-I object to that. The difficulty is that
this witness will give us his opinion when we happen to
know all about it.
TAnother paper produced and marked No 81
Witness-One part Of this is in the handwriting OF
Capt Smith, the other in the handwriting Of Don Cuita-
no. the upper part of 1t is in Smiths hand got in
Cuba from q messenger.
Q. While these negroes coming on board, did you
see any of them paid for, notY A. did; saw Capt
C..tx1 l.co
paid seven dollars and half eight dollars for him.
O. want to ask you how the hold Of the vessel was
The Court-we won't 90 into that
Witness-The Mr. Banchet whom have seen in court
s not the Hanchet have spoken of in my testimony
the Mr. Smith spoke of as coming with me and Capt
Smith to the Custom House, I see in court.
Crossexamincd by Mr.. OConor-Q. Did you say you
saw Capt Smith buy colored boy in CubaS A. No
Q. whereS A. At place called Ambresetta, on
board the ship.
Q. From whoms A. From colored man, who repre-
sented himself to be his (the boys father; Capt
Smith pay for him.
Q; DID he buy any other colored person. A. Not to
O. You say that that paper he letter of instructions
No y was read to you by Captain SMITH A. Yes, sir;
Q. Where were you at that timer A. could not say;
i was on the passage OUT can't say how near it was to
O. What language did you and Smith usually converse
in? A. The English language
9. What is your native anguageG A. Dutch Hollands;
know little Portuguese at this time at that time
did not know much Portuguese.
O. How do you know that the letter you found in the
chronometer is the same he read to your A. BY the
contents 1t at the Island Of Cuba took 1t out Of the
chronometer; put it in my pocket until had chance
brig Narseillois, the way from Trinidad de Cuba
After you got possession Of it did you meet Captain
Q. Where did you next see himp A. In Mr. valen-
tines Office, (South street, New York.
. 9. Did you tell him you had the letter. A. He knew
Q. Did he ask you for itp A. No, sir
@ How do you know he knew you had it9 A. 1 don't
q. You can't recolect anything he said to you about
its A. He said he knew had it.
G. Was anything said by you about itS A. told him
II he paid me what due to me, would return the
letter; otherwise would not return it.
@ Did you tell him what you'd do with itS A. No. sir.
O. Did you not threaten If he did not pay you, you
would give it to the authortiess A. No, sir
Q What did you do with t9 A. gave it to Deputy
Marshal Horton few days after the conversation with
O. he had paid you the money, would you have given
him up the letter. A. Yes sir.
Deputy MARSHALL A. was in custody when gave it
up; had been up to Phillip Franks house. and said
would have warrant taken out against Captain Smith
@ 10 you know who gave the information to the au-
thoritiesf A. Mr. Donohue, lawyer; it was told Mr.
Q. How much money did you want from Capt. Smith,
A. Four hundred and forty dollars.
Q. You have said something about Senior Lemos
whom you the dock did you see him before
or since? A. saw him before never saw him since;
saw him before walking in South street. he pointed
out to me by Mr. Banchet, week fortnight before
saw him on the dock.
Q. Did you know where he belonged9 A. believe
Mondons boarding house.
@ When you found that letter Of instructions, you
not able to read til A. No, sir; read il to
me, to my knowledge, since Captain Smith read it.
O. How do you know that 1t is the same? A. can
read the latitude and longitude and the instructions;
O. What languages does Captain Smith speak A. I
believe he speaks German; have heard him; know
English and German Captain Smith used to speak Eng
lsh, German and sometimes Portuguese, on board the
vessel.
O. What is his native tongue9 A.. He told me he was
native OF Hanover; the German language is spoken
there wanted leave the vessel before took the
slave on board had had dispute with him the pas
fred pistol.
Q. At whomS 4. At random; it wa: loaded with ball.
was four five feet from him; fred II to force obe
dience; pointed in that direction but not
kill him. the crew were present. ..-.
Q. Did you not intend to make believe that you want
ed to hit him? A. l don't know what they believed
but did not intend to hit him.
Q. Did you fire pistol at any other time on board 2
A. did that day, by Captain Smiths directions.
Question by Mr.. McKeon-Did Captain Smith tell you
he was naturalized? A. He did.
Mr.. OConor objected. If he naturalized the re
cord should be produced.
The Court said the answer to the question Capt
Smiths nativity should be stricken out and also the last
answer to the District Attorney.
Mr.. OConor said he had not asked the witness the
tive place Of the defendant He asked his native Ian
gCaEe, ana the witness answered hta native place.
Henry Fling, examined by the District Attorney, de-
posedI was nineteen years Of age last October;
born in New London, Connecticut reside in Brook
lyn; know Captain Smith; went with Mr.. Lucas, the
shipping master to Pool Pentzs to sign shipping art
ces for the West Indies Captain Smith there Mr.
Lucas told him he had got ordinary hand for him;
Captain Smith asked if could steer, and saii
could he asked If wanted any advance, and said
did-that wanted months advance, at the rate Of
SIS month.
Q. lid Smith tell you where he goingY A. No,
sir did not ask him. shipped to go to the West In
dies; it was Saturday; there OF the
there; there was there but myself and Captain
Smith and Mr. Lucas; did not Captain Smith again
until saw him board the brig Julia Moulton; sh
lying at pier 49, f. r. went board saturday
with my things and then went again on Sunday
ing there two Portuguese sailors there and the
mate, the last witness; the rest of the
board about 10 o'clock; Capt. Smith board
the towboat was taking
Q. Who else board9 A. Mr.. Will, first Of
fcer, Mr.. Young, the second myself Geo Cook, Thomas
Mcrermot, John Mcdonnell, two Portuguese, whose
names do not know, and Senior Vallala understood
him 10 be passenger
O. What stores did you shipY A. Beans ricc, meal.