Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1855-02-01
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THURSDAY, FEBRUARY /. Is55,
The {" Martha Washington, Case.


Most OF our readers have heard of the ia.
nous case of the Steam Boat Martha Washing
ton, burnt on the Mississippi, two or three years
since, 1t was alleged that certain parties had
got insurance to a large amount, on goods pur-
porting to be on board Of her. but which, in
fact, were never shipped, and then caused her
to be burnt in order to recover the insurance
The persons implicated have been once tried
in Cincinnati and acquitted. They were sub
sequently arrested, under the laws of Arkan.
sas, in which state, it was alleged the offence
was committed. The trial, in Arkansas, has
recently taken place, and, as some of the per-
sons implicated, were originally from this
county, we have copied the following report
Of the trial from an Arkaasas paper:
From the Arkansas Wing, Dec. 2slh.
The MAnTHA WAsHINGroN CASE The
Martha Washjn gton Case, which. for the last
two years has been the untiring theme with a
certain class OF newspaper publishers, has this
evening suddenly vanished into thin air.
AT the last term of this court, Capt Cum
mings. and Holland, the mate of the iii fated
boat, Nicholson, the clerk, and the Messrs.
Chaplin, Earl, Kissane, Cole, and. Others were
indicted for burning the boat, and also for muir
der OF certain passengers on board. The above
named persons, except Nicholson, had been
illegally kidnapped in Ohio, and d aged to
this place i'll irons, either upon an unlawful
requlSition of the Governor, or upon the false
affidavit of Sidney c. Burton, their prosecu.
tor, that they had committed the crime in this
State, and fed from justice. Burton and his
agents, or rather his CO. agents, in the pay of
certain Insurance Companies, whom he had
cd 70 ~
ground that the parties had conspred to SWIM
die those companies out of large sums of mo.
ney, by obtaining insurance on large amounts
! OF pretended goods never shipped, and tben
burning the boat to conceal the fraud, had so
preJudIced the minds of the community that
the indictments were found on ex-parte evil
dence, utterly insufficient to sustain them.
At this term, the Captain, Mate. Earl and
the Messrs. Chapins, were in attendance and
all ready for trial
Capt. Cummings was first put upon his
trial on the charge Of murder; and the State,
alter producing all her evidence, and making
an en- ire failure, refused to submit IL to the iu.
prose her own evidence, and entered nolle
ry prOsequi on the indictment for murder,
The parties then being aTraigued on tie in
dlctment for arson, pleaded severally, the
Captain and Mate, not guilty, and the three
Messrs. Chaplin and Earl. specially to the iu-
risdiction of the court, protesting their inno-
cence of any crime, and averring that if
any was committed that they We're at the
time i'll the State of Ohio, and not amenable
to the laws of this State, which could only
punish those who did the deed within its lin.
its--they necessarily being guilty agents. and
alone responsible. This plea was decided in
their favor, and they were discharged
Capt. Cummings was then put upon his
trial, on the Indictment FOR arson, which &C.
cupied nearly a week. The widest legal scope
was given to evidence on the part Of the pros
ecution; and even on the supposition, that it
was entitled to full credit, which nobody pres
ent believed, it did not even raise reapecta-
Bile suspicion of guilt, against any of the par
ties charged. The main witness was Burton,
the prosecutor, whose whole statement was
considered unworthy of credit. One of his
suboined witnesses, a man named Cheney,
admitted on oath that he had coInitted PERU
ry three times before about the same matter,
in Ohio; another man named Coon, and the
third, who called himself DR.. Nott--all raked
from the lowest filth of Cincinnati, pretended
to know but littlei but that they were SUBJ
orned and actually committing perjury was
SO manifest to all, that it was considered Who'll
ly unnecessary to introduce any testimony for
the defence.
Yet, that the whole matter might be doubly
clear, part of the evidence was introduced,
which made the defence full, perfect and be-
yond all question. 1t was fully proved by
clerks, merchants, draymen, and others in
Cincinnati, who had handled the produce and
goods shipped, and by pilots, hands, and pas
sengers on the boat, that every pound Of
freight for which insurance had been taken,
on the pnrt of Cummings, the Chapins Earl,
Cole, and kIssane, had been actually shipped
on the boat. i'll good order 1t was also prov
ed that Cummings had paid $4,000 for the
boat, aud was making his first trip with her,
having insurance on her to the amount of on
ly $500, Dearly his entire means being in
vested i'll the boat and that he had other
freight on board sufficient to make his trip one
of handsome profit to him. 1t was also prov
ed that the boat took fire about midnight, in
the middle of the Mississippi river, on the
coolest night during the winter with no mooa-
light. and with everything slippery with ice
the banks frozen, and ice floating in the riv-
er, and at place where the banks of the river
were more difficult to ascend than any other
an the lower Mississippi.
1t was also fully proved, that the captain,
mate and clerk, at the imminent peril Of their
lives, made every effort to save, and did save,
nearly all the passengers, and that Ca t. Cum
mings, with Holland, the mate, in last des-
perate effort to save lady and her two little
and when the fire had frightened or driven
their oarsmen away from them, with the yawl,
were almost miraculously saved by canoe
from coal boat, accidentally passing, which,
in the last moment snatched from them the
tongue of the devouring flames. In their ties.
timony to this self sacrificing, heroic conduct,
and that the fire was a mere accident, the
passengers, and all the survivors, fully and
unanimously concurred. Indeed, in this, the
proof clearly showed, that instead of inlamy
and a dungeon, Cummings was rather emit
tied to a monument for his courage aud hui
manity.
The evidence having been closed last night,
Mr.. Yerger, for the defence, proposed to sub
nit the case to the jury, without argument.
This the prosecution declined.
When the Court met, this morning, Mr..
Palmer spoke full two hours in behalf Of the
prosecution. When he had concluded, Mr..
Fowler, for the defendant, again proposed,
and said he did it in all candor and serious.
ness, that as the gentleman had now dnhned
his position and un nrdened himself, they
would still submit the case tcithom any argu-
aeat on their part. The proposition was then
accepted; and, after an able charge from the
Court, the jary, after an absence of fifteen
minutes, returned verdict of mot guilty.
Holland wns also then dienharOed