The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-23
Inters sting 10 msrine Insurance Co,u,,.~s..
the Case % the Ship J~snes Chas9s,s.
From the Baltimore American, Nov 221
CIRCUIT COURT OF THE UNINED srArRs

Before he lien. chief Justice fancy aud Jadce c;,a
The Of the United states u. Captain Jscnh r
White, Peter Chason and John ctwooa a. eslls;
up this morning, when the accused avrAruwi on
sssns sw 'nsI the wa p and
ing TO Galloway Cheson, the 25th of February 1855
wis ,he saia vessel within the maritime and adni
Iay jurisdiction Of the United states, and within the
jurisdiction u this Court the Indictment also charges
the ed with intent deiraud sundry insurance
vessel 10 tee allegations Of this indictment the defend
ants entered pea Of not guilty."
There being four counts in he indictment, Tsackle
Wallis Esq- the counsel Tor Captain White addressed
the Court in relation to selection of specific felony
By The government upon which to try the accused The
peceuens cited to the Court which went to show
that was proper that election should be mads
that the Court should quas the counts which would not
b. relied upon for conviction by the government
Inc Court remarked that tho election could be made
aer evidence was all and before the case va. ar
guec before the jury. motion made 6y Mr. Wallis
TO try the psrtes searateyin support which motion
gued that the defence to be offered in the case Of
Captain White would be The opposite of the defence
fetel in the case Of ChasoD and lakewood
his motion sas granted by the Court and the District
Ato elected that Captain Viii should be frs tried
deciding upon the trial II the parties separately the
Cout remarked that The offence alleged az iinst them
was capital they would not be competent TO testify
In h half Ut eacn other.
Captain Vile then placed at the bar and Chason
and iack wo0' were rtUaDded TO prison.
The Indictment read to the jury by the clerk after
which the strict Attorney made brief statement In
which be ehessed the facts which he expected to
BY tie WttI urd upon which he should rely for
conviction OF the accused.
John A. Robb called 10 the stand, and being sworn
testified oiows-Wi'ness built the ship James Ches
ton Tor Mr. Galloway Cheston the vessel left the port Of
Baltimore some time during the month of February,
1866; she was a. fine ship built 1T this
iect sa'i fed she reported to be well caulked
any vessel built at the port the caulkng done by
voyage especially II they have been long time In build
Ing; he water tank was perfectly tight when the ship
was launched. the tank made OF iron
Capt. Bevaps, sworD-lbe James Cheston was o fine
built ship ho pains were spared in its construction
in the selection of The material she the best
cnuhed vessel he ever saw the work OF building the
chip was done under his superintendsnce the cauking
w"s d'ne by While persons it i generally done by
Chest, Fixed in The best mannec and 80 arranged
that tey would not fatigue the Ia working them
they rked by wheels which IL different from the usual
way The pumps were made Of copper vessels
leak much that the pumps have to be constantly In
use he ch.sfon leaked a, first, but took gradually
by the swell ing OF the panks to pump four times day
n9 every Two houre
the wIi generally and moulded the frame Of the James
Chesinp; he is ibs formhn nt Mr.. Roob; the Cheston
Is web ouiit ship and i well cansed she had rst
rae white oak frame, oak bottom and ceiling and yellow
pine eers; the tank was arge does kno its capa.
city new vessels generally leak when first launched;
and to his knowledge there . better ship
built in Baltimore
John LAWS, swoin-Is ship carpenter: was employed
to plank The james Ebesto1; she well caulked con
sideied her 70 be fret rate vessel; had constant occa
zion boice her viii being built the tank held from
1880 10 1900 gallons; tha tank built of IRON does
not know when it was Glsd
Capt.in Leeds ssorn-was captain forty eight or
forty line years. the James Ches,on loaled at .
wharf which under his charge; she thar about
tbiry.six Or thr'yeigh. days; he was frequently on
board q er and considered her as good vessel - was
John Davis reca led by the defence-When vessels are
FIRST launched belt holes eimes overlooked, Wit
ness REM mbefed an in rsnce where bolt hole
looked; discovered before the vessel lett the port
Robert Scott sworn-Was q sailor on the Janes Ches-
ton; went on the ship on the LIST of February, at
Annapolis ads; the first night he on the vessel
he Was Engaged at pumping fifteen twenty minutes;
the ship hsd about fifteen inches Of water when the
pump sucked; pumped again the next morning about
the sans length of time; the ship in Annapolis
Roads all cay pumped again eveaog; the e .ksge
was about the same thinks she made ten or twelve
inches curing the Iight; pumped every hour Of the
night after the ship left Cape Henry cid not pump dur
Ing the cay sucked three four times each occason
the on why the vessel sucked because fhs
drained; the marniug Of the 10th Of February when
to the house, he heard that vessel In sight; was
asl ed il The witness leave vessel saw one Of
the beats coming from another vessel with the first mate
and -four OF the men, was deck when the boat came
back; the male captain asked II all willing 10
s.ve he ri was os that he ws,s' was very s.d
,lat the vessel was leaking he told them
and mate in the fore part Of the vess where they
aked The men if they would leave he went aft at the
time and was called forward and asked 10 leave in
tie presence Of others; the vessel pumped all
the morning; the watch was ut the pump was not
making much wafer at the time tho mate called out
to pump; Lad to pour water in the pumps 10 make
them work, and when that out had to pour in
mates left the last boat; there were two or three
boat loads after the captain lett he auger
chisel and maLet on the store room floor; saw them
late in the afternoon Of the cay the vessel aoan
dontd; did not see them any place ese saw the two
whs he saw the chrel and auger they we're usually kept
In the house deck heard noise the door leading TO
the store room; don't know what it the store
was back Of the cabin the captain sound the pumps
about three four O'Clock in the afternoon; showed
fifteen inches water that the first time they
sounded during the day; they were sounced second
time when tie was bet~ee two and half and three
feet the second sounding just before they left
,ae vsss, during me pumping the pump. would stan, N,
slip aband med; he Mt the wheel when he
the mates pointing dosn the hatch the chisel beside
them alter he raw the mates he went down; could
nothing because Of darkness but heard the water running
in; water made great deal Of noise The mates got in
the store room through the cabin.
Mr. Wallis here objected TO receiving evidence which
related to the mates conduct
The Court decide 1t to be admisssbe and the captain
and indicted Jointly and the examination
resumed.
Witness sad he went down after provisions; he cut the
hatch door AWAY: the mate told him to out; that
there plenty Of provisions the other vessel the
told him that The ship sinking; the two mates
ard wo Of he sailors OF the other vessel board
when he left; was time after the captain left be
fore the mates left the ship; they were going
towards the west India Islands at The time the weather
was fine, the captain lid not deck for six
days after the ship Left the capes; he kept
deck regularly after that except at night be was walk.
turn ed for st. Thomas the 18th; the oath they
went the brig Of those VIII, lett the ship some went
10 WDin z,on Borton and others 70 Galveston;
there Of 800 gallons Of water besides ths tank
hole was made In the end Of the cask and the water
,Ss rsss s on; on y. h. s@ he
z.n mast; the water WAS not At 70 drink.
BY the Court-The water salty; II was In the tank
vhsn be went board the vessel the water from the
only used three four days before the ship
VAS Abandoned there three four casks OF water
which hac beeu used.
By the District Attorney-Had not used the water Of
the ank before The Of the vessel changed he
IVES on the brig about half hour before the
came the Chest0n had boats one taken board
Tie Dutch vessel and the plug taken from tho bot
Of the other and T. sent adrift the captain said
tie wbs leaking before he had sounded the mates
took provision out; the day preceding the abandon
ment Of tie vessel the weather fresh.
BY the Couri-The vessel seaworhy with the crew
IL making the voyage ecross the ocean.
BY the dejeDce-1hey were kept at the pumps night
day several of the sick from the wA'ef Of
tie ank the water brackish and made them sick
hey got good water they got WE'LL the captain