The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-04

United States Circuit Court.
Befory- Hon Iuave Eel9an
-v.rc ..~.. : s,e-,.--~..,s q.

CHARGE OF ARsos b. GovERsoa's ISLAND.
Nov. 3.-The United States Isaac Vantine ard 10
se7h ISnn-The defendants this young lads
not than IT ~ years of age they enlisted
on the island az musicians and are charged with setting
are 10 a barn. stables and dwellings, on Governors
island, IN March and April last appears that during
those months there four icendiary fires on the
inland.
Mr. John McKcon United States District Attorney, APP
Fesred for the prosecution aud called
John T. sprague, who, being sworn, deposed-l am
Captain and Brevet Major in the army; for the last two
years have been in command Of Governors sland; Co.
in The larbor of New YORK; the 10th March last
barn burned belonging to Sergeant Morrison was
3 r. NJ; my return found the remains Of the build
ing still burning; II is government property, but in pos
session OF Sergeant Morrison; It Was building about
twenty-five feet square, one story high, and used as
stable; on Mcudar night, the I'd Of April about p. NJ,
Are occurred in barn occupied by Mr.. William Ken
dali which contained his corn and hay; the barn,
and hay, were destroyed; the barn within six
eight feet Of his house, separated from II by alley
went into my quarters heard the cry Of went
out and found the stable occupied by Sergeant Major
Morrison, on fre he and Kendall lived under the
roof-twifness described the position Of the build
ingsl-they old buildings, called 'sRotten Row."
and occupied by soldiers and their wives and children
kendals was part Of this row. the house occupied by
Kendalps and Morrison's families WAS destroyed Mr.
Kendall is the su'er of the fort the two barns were
also des'ro, Morfsons furniture and kendaps fur
niiure destroyed; Kenalls wife paralyzed and
took her out with six soldiers in chair; the 7th
of April another fire occurred about ~ o'clock;
heard again the cry of fire; found stable occupied
BY Sergent Major Head and Sergent Fogarty fire.
II was stable and shed all under the roof; it is at
the other extremity OF Rotten Row. it within 10 feet
OF the dwelling Of Head and Fogarty it was not con-
nectcd with the dwelling except by fence, describes
lie csiiion Of the buildngsl they within what is
called uri tolumbus the whole island is fort Columbus
aNd consists Of various buildings; the diagram produced
Is rally correct the prisoners boys, appretced
10 for i've years as musicians they were
stationed tho island; they part of the sixty boys
who slept eat al South battery they had been under
my command for year at Governors Island.
Cross.eSanhned by Mr.. Nagle-The government re-
cosEzcs the whole island Fort Columbus; these boys
drask md ifnrrn Wnra
the Z the others.
To tie District Attornay-They coniced in the
guard house on the % April for misconduct the boys
t'hl me they were out that night.
v iliitm kendall gave similar testimony.
Jacob zimmerman, examined Ivy the District Attor
ney - oed that Re the island when the fires
took plhce IL three boys running towards him;
Of ,iom went then to the hospital ana there
about Eve minutes; ] small light in the
barn towards nc Kitchen; stood there about FIVE
oquare the grass to the south battery could
who they were; the boys did halloo "drc" but
did; the soldiers then came and put II out vantine
passed me and went towards KcndaIls house.
Faancs lagan, lad fifteen years Of age, deposed
that he employed as Il musician the island and
is in the habit Of eating and sleeping in the building
No al the south battery; Vantne and Finn belonged
to No. 2; heard the cry Of fire; before the cry
given Vantine came into the room, and Finn came in
after him. in short time; they in out Of breath
all the boys ran out, and ! amongst the rest;
stayed behind; went 70 the fire; Finn at the fire.
but not Van.ne did not Finn until was coming
from the fire. he was then going up, with an axe in his
hand
David Walsh Of the sergeants on the island de.
posed that the prisoners when under his charge had
confessed to their having caused the res Finn admit
ted ire and Vantine admitted to three fres Finn
had deserted, and brought back aud punished and
he said his object to set fire to these buildings and
desert again.
On examination he said he did extor the
esson from them, but he told Finn that it would be
better for him to confess and he might get off, Finn said
he would confess in Court, and get off
Sergeant Reeves, called the defence deposed that
uh he sinrOaa Haul tvl tron
tions of Major Sprague for this offence he could not
recolect anything that WAS said TO Them they in
side with Major Sprague and Sergeant Hankey, and
did not hear conversation between Them when they
came out they were whipped; suppose it for that
offence; did not hear any confession from the boys
q To what extent were they whppedf
A. think they received at least fifty loshes each;
there were intermissons between the ashes but there
were no questions asked them in the intermissons they
were whipped with rattan; their jackets off but
their shirts their backs very red and cut;
they cried n coed deal.
q Have you said that these boys utterly denied
this until they were tortured into confessionY
A. No sir have not.
Cross examined by Mr. McKeon-Maior Sprague gave
directions 10 s.rgsan, ankey to whip the boys while
they being whipped, Major Sprague told SERGEANT
Hanley IL whip them hard there nothing said TO
them that they had better tell believe It time
in April.
Sergeant Haight was called by the District Attorney
but being asked by the prisoners counsel il he had
at any time whipped the boys trial. either the
ccason IN question or at any previous time, he declined
Ia answer.
Major Srrague recalled by the prisoners counsel
but he declined answering whether be had at any time
given directions to have the boys whipped; it mat
co between him and the government, and to tt he
respUnsible.
The court ruled that the witness was not bound to
Counsel then proceeded to up The Judge charged
the jury, who brought in verdict Of guilty of the
minor offence, and not guilty Of the capital offence with
q accommodation 10 mercy.