The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-21
hargc Of Murder ~ csPtaaA Srsses' q sAs
See ssh-A myvsesy % wcos
UNITED srArrs CIRCUIT COVER,
I,edore II q. Judge Izgerseu

Before n o. Sun6c kA6eSssA
Dee oa-TAe Unued States W. SWcdnUs @. spncer.-
Doctor prolaska recalled 70 tho stand and bis direct
examination continued by the District Attorney. CA
niece of wood and marlin spike produced This piece Of
wood is from the head Of the berth Of Captain Frazer
shere his head lay there vte Lead on the head Of
the xrn spike tested tho white substance which was
the head of the MAJ lin spike with acid and found to
be white lead (Sbrt poduced This shirt delivered
to at Rio by Mr. Scott, the United States Consul
had = conversation with Spencer about that shirt on
board the ship coming home; he asked me- did not
collect him shawn himself before he got 70 Rio said
did ne ssked me Il did not recoiect him cutting him
self said did not Icoiect his cutting himself Spencer
said thai be did ,ba the way spot Of blood
cane on the shirt c Mr. Scott had sent home; this is
the shit Mr.. Scott mt home.
TO kr. Fnllerton-stencer Was not present when Mr.
Scott gave me the shit.
Mr.. Fullerton oeJeeed to the testimony. The Court
tverrulsd the o, i-cliop.
opon the shirt this SHIRT Mr. Scott gave ma Speu-
,rr usually wore Panama hat before the Captains
death; 9ent recoll,e' se.iog him after the Cap
ains desth after TIE examination Spencer yas put IN
double irons
O What occurred after THAR di, he uttemp. to com.
NIT spoicep A. hs Dad wound, and heard no did
Mr. Fullerton objected &c the testimony
The Court though, not legitimate, and That it
was no evidence that man was gully Of the crime nj
Legged against him because he attempted to commit sui
Mr. Rehee commended for the sdmssiti, Of the ques-
ton.
Tina rsatric. Attorny-Asout Ie or laH o'clock that
night, dia you hsar Captain cag tobjected TO ns
O. After II oc,.ck that ght ana ss.er The captain
retired, did you hear any voicesY A. did. r-8
q. Where did ihose voices come from A. The cap
tains ,stateroom.
O. Did you recognize any voicess A. Yes, recognized
the velce Of NJ Cars the second mate and the voice of
second mate to ask me What the time was.
Cross-sxnm.neo oy Ml, Danning-i was very much
cited after this occurrence: apprehensVe on thu
Tesday after the of the previous Sundsy tnst
shou.o lose my Ieasup; communicated my appeheu-
sions to Mr. Car and Nj. Spencer enc roId Them in case
il should occa. hos they 10 treat me; never
heard OF any oetween tie Capeia and Spencer
cep cnte occasion; here nothing that spencer
could do that he di1 not do to asss. ma; did 10
deck after ehta after the captain death remained
5 the statorooro.
MR. Dupnpgwas examining tbs witness a. ., the con.
dition Of tho ship, Wien IL wac objected to.
Witless conttaued-speroer had boot after the Cap
tans death; legal book containing instructions
for masters OF vessels; Spencer made inquiries
whether the Captain likely to recover
Q. When no ASKED you IL you thought the Captain
would recover his enses, cid he accompany It BY any
other ronahs he said be hoped he would recover
his scnse IN order That he might be able to tell who did It,
o. did what? A Committed tho murder; s xncer az
forwards suggested 70 that should ourselves.
q Ter what pugp So? A. To protect ourselves against
the murderer n'u derers whoever they might TO;
mtttd tho murder, and suggested to him taat thoss
persons Should be arrested AID tsat IN examination
should To had.
O. VII ct reasons cid Spencer give Tor NJ, holding au
examination, pat eating those p reoDs A. Tho
oidy rec ect is that lac feia something would
eaS out by which We would be abo 70 tstsn il
the lgft person.
O. Don't you Iecoect that he also said that might
bt dangerous ana nghs LEAD 70 characterization the
part Il he crew? A. Waen getting in Rio seve-
raj signals yed at half masi and among theta,
Mauty's signal thai murder had been committed on
beard Spencer made toe remark the morning of the
that the apta,u did not get better the ship
sheuId be put ak ~; n,t thnb she Lad been nut
ttrut tefore O'Clock that crrine, comrliGleatcd
Spsns.s fir ha n,anues IN which ne had tAea the ship
into rio against vino and tfoe.
s a @ % Ann Ny Sy sno saa A0 sa 20
che captain would surv We tour eve days Speacer said
the wind iar they might get into Flo 10 that tne;
.bsre CABIN boy named jim, on board nc did not
return with us--ne with The ship; he usea 10
clean tho captains cihes and boots; the captain
bad boy and deceived M he got; recr,ect the
merni0g bcfole no captains death there ", an
other hoy, Damed Tom bead The captain
used TO Puash him severely; recolicct the captain
.ceviDe The table, before his desh !" punish roo; il
MAS within week before his death, in -he cabin
lem was forward, and heard his c'es Old not ans
blood e effects Of the punishmert on him, did MOI
hear Tom The cabin boy make an threats sgsst th'
captain.
against h'ms \. Net to my kncwledge; remember
spencer struck he second mate tho forehead AID cot
him; ht lied prousey the acid used w's iodine q 20
tasuyn the effect of that Ia 60 throw dcwa yellow pre-
cipiaic J would not like to swear That spencer wore
The rsasEa hat within week before the occurrence:
o. You have said the CAPTAIN was strict ci.cipluo-
raa-do you recoect bis punishing any sf the crew
ICON lefo-e his deathS A. lie Furnishes a .uan NAMED
Iaaclsmith, n named Good, the 1oy .ou, snd, ]
think named LAWS; rocolcct, the sunday even
ing previous 80 his death tho captain had been puash
ing q man with marilnspike and when ne came down
punisiiBg the man, and spraincd his middle
finger reoollect on that same Sundsy evening
the hopt without bread at their SUPPER 90
not Spencer giving directions TO the to
make box for The buoy told the carpenter 10 DO fo
10 not know that The esftain made request 70 speeaer
as he old to ne, take his body home in case Of AIS
iii slO
as well as maric spike.
o. I,a 10, The captun Ga the morning u Tie 5tli
ae.sos u get ct tie he tn thap cnceY a. lie
ATTEMPTED twice he did not got cut Of me beria before
O'CLOCK before his head was dtetsed; the.e marlin
spikst yeiy beard vessels OF that kidd.
Redirect by the District AltorrCy-IxpIa.n Why :on
did 20 deck after nehta. OBJECTED 70 ald ruled
out)
there act OF dsobetionce AFTER ere captains
DEATH Of the charged With breaking open
chet there act Of revolt or refusal 70 obey or
ders ae 10y Jim was about l. years. he IS With The
chip in China he not pnt in irons, he waited the
table jim, ept between decks; Tom about &c or is
years he slcpt in the foreoase he discharged in
Rio The bach smith ALEC oi.cbaTged in lio after the
examination; the second mate always took charge Of tae
o. l. M. Durnipg-You ,ay that the blacksmith sas
observation-disclosures lie not sent iuratic ssylum. A.
30 net hncH that Le was; he Tas not q soaad nnnd ne
To Mr, McKcon-Re was the bu,t OF the chip.
To Nj. Dunning-fon about five iect, and stout
O. Y,u state there was no dBcnly after thc captains
death Do you recoloct oDe ,ime ordering ome mtn
90 90 up that you thought Spencer was attacked \.
Not 10 klowiedgc VIC were taken atacA, and asAcd
Mr. Clark the second mate, 70 60 up on dect.
Charles Niciea dopoej one of the officers of the
Sea Witch third Office from IL 20 on the I'm OF
Ju1e Il MAS Ne Clatk's watch from 10 II was Spen
co., watch. from 70 L. Browns; was tho watch
with Mr.. Jcpcer thcro twelve men u thai wateh
rinry was in that watch so i'd not; sorotta ard
smith in IL they all took their watch with u.s. AMI
Remained III g. yenaDos in the watch SPENCER po-
sition vas the quarterback; Bnuy was on the look
out. The watch quie can't say Il thorc was log
cast during Tat watch Il there he'd been, i. the
chief mates duty; ii il usually cast every two hours
from 20 O'Clock, by order Of ,he nate We cewed MP
the fcreop gallant sail: Spencer eft the deck three
TIRES bevcen and y O'Clock; he remained below time
enough 10 light his csar And M again he was eb-
-ent between q, aud O'Clock saw hin 70 down tho
same way the steps leading ron thc main dcc - The
hurricane deck he then absent ten minutes; from
re tod O'Clock ho went down sgain and was away
three or four minutes was down ~ the
cabin three times dming the watch the first
time VIA at O'Clock.
o. What lights were then burning A. The panty
light waa burning and the bnnace Light there wns 10
-. xtrrE FYl.4.