New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-20
TRIAL or syLvANUs NJ. SPENCER FOR THE MUIR
DER OF CAPT FR!NZIER.

DER OF CAPT FRAZIER.
UNITED STATES DISTRICT CouRr-DEc. 10
Tie bial of Sylvarus NJ. Spencer for the murder Of
Capt Frazier, on b ard the ship Sea Witch, CON-
n enced yesterday in tire United Ssts District Court
Mr. Joacbimssen opened for the defense He said
that the Sea Wit n was American vessel owned
by Rowland AspipwaI She sailed from this port
for HoDg Kong on the 25th OF April, 1855, commanded
by Cop. Frazier. She had q crew OF 80 men, and
expected to take a cargo If coolies for Panama.
Spencer was frs. mate tr IN the time OF going out
to the date OF the murder there was ilvll between
the captain and first ma e. Before Leaving port the
fret mae vented 10 he put On .hore; the captain re-
fused and tire accused SAID: go in this snp, you
" or will lave TO ole, anC you had bser leave 1t OH.
~ have stood more f.om you than have from any
"msn in my life On the Sd of June the captain and
mate had sLoier quarrel on he spar deck and Spen-
Ger said: " [ will &c id i'll don't have revenge on
YOU" On the evening OF the 4'h, Cap. FCazier said
10 The mate: 4" Any time you want satisfaction will
give il to you ia any way you wish 1t, on board or
on short ard if attack me on deck, one or the
" other Of us will go overheard, or perhaps bo'h.'
Later in TIE ever Ing there another sharp quarrel
On The morning of the 5th OF JUICE, the mate, Mr.
Spencer, came and called the surgeon, DIR. Broas'o
ard told him that the captain was oead and DE. Bro
la co found that he had received thee severe wouets
in the bead, aud IVES DO longer rsioDal The caotain
died that cay about loon, end Mr.. Spencer assumed
the comm and They expected to prove the fact of ILL
feeling having existed between them; that 80 sailor
"a
struck curing the wach of Mr. Spsnceri tia: he man,
fesed ieeiiug after the death OF the captain and
various other circumstances tsnding 10 $40 tlA ne
WIS the murderer.
Joseph +. Broia,eo, swora-was surgeon of the Sea
WITCH Capt Frazier; there were OF the
crew and the seel was bound 10 Hong-hong and
Paptma; Capt. Frazier died between midnight aud
the mon ing of the 9Th Of June; on the morning of
that day he ing 10 bis berto with bis hand uadet
his head and his face TOWARD the SIDE oil the vessel
tie night before took tea with the Captain and first
mate; they had high words and the Captain told toe
mate that he was neither an officer, seaman or a
navigator: that he was liar aud would not be bs
eveo; that be was coward and must 1se heaveIs 10
knock men down with he wheel he told III n that
be could rot bis fist, bat must take bea;iigpin
TO knock the second mate down; Mr.: Spencers watch
CONN enced a, mi. night the Captain was vel then;
| saw bim again between 81 and 10 o'clock sitting a.
bis table in the efter cabin whiting; wa, present at
no other quarrel between them; l next saw the
Captain scout o'clock on the morning OF the 5th
IMr. BIO $500 explained diagram representing the
cabn1 A light was always kept Ia the Stewards
pantry, which shore out on tae watch II was
ON the port si0e, the left side then there
was lisbt il the binna lie and ano'' er In
the captains statt- OOr; there was also candle,
had warm Ncstner, ard s!ep. with our DOORS open; l
saw MI Sa.Icer lart that night at the tea-tab'e;
heard 10 unusual noise that night slept soundly;
was awakeUcG at u O'Clock; at ebou! O'CLOCK vas
cal cd by Mr.. SPENCER; it wa, Mr.. Siencer's watch
from ndni. l. until O'Clock; Il was lot yet daylight;
Mr. Spencer G to me with the lamp that be onget
70 s.ewS d psntry in is hand he told me to get
I'D for God sake-bo be ieved the captain w,s muir
Gered go up and went TO the captains safe room
with Mr. Spcncer and ere L fond hm; there vas no
light in the csptsins stste room except the ons Mr..
Spencer brought aud know Of no other lshs 10 TIE
cabin found the csptaid ing upon bus risht 81 10 In
biz berth with bis face toward the rgnt side OF me
vessel on his tight han1 the c0unterpane and Pill,
lows tides and top Of the BERN were covered
marks on the left side; Mr. Spencer stood inaide the
doorway with the light while eIs mined; he was out.
side when went il TIE captains hesd wa' to yard
the stern of the ship tried to tuIn the ~ ain ovet
Blu. could not turned to Mr. Spenc r ne asked II L
wanted assistance; told him TO ca the carpenter
be went Out aud the carpenter came in and We turned
the cody over TO see where the blood .me TOM we
found bin bleeding from his roee, uouh and rishtea
the whole Of the r2h side Of bis face was very much
swollen arc discoored; bis right eye was swollen aud
shut; spopged the blood feo n tue face aud found
that be had gaE over the right eye, perp sndcaar
and an isch or an iGch aud nall 10 l.ngh; Ia tne
temple was a tirculsr depiession where could feel
the bones crate sgaLst each other l. sas compound
cout,sed wound; there wes another wound bsnicd
sno above the right ear, cut In to the oonei
these separate and dtinc. wounds the skul wss
fractured 10 Two places; the Captain died sbout nom
that day from these wounds msn could not nave
II fc.eo these wounds upon hufelf; any oSe wo ana
would tsve incspacita.ed bin flom iniiiciag tne
Others; they could haze been cone oy ns'nn-sPiAI
and tie circular wound might have been gwen WIN
an iron telsyingp pin; from the loss OF blood the Goa
puIeoD Of tue blood aud the sa.urs1on OF tae piioS
have 10 hesidon III ssy log II mus have oeen o'us
an hour b. fore saw hin; when frs, say hi n nc
wss pot able to speak be was insensbls, breathing
heavily ard lying perfectly quiet; the carpenter ana
M, sef nsed him. Mr. Spencer DID not touch hi n ne
eit 10 call the cook and to zee about ths essei and
did not return; when ! found What the wounds were
IyeLt for my instruments and lint, leaving him with
the csrrs inter- and when came ,ck the steward was
there and wasbed and dressed his bath; to SA'd 8
O'Clock he insisted upon getting up; be wanted to
uriIate; Mr.. Spencer did not come In until ster
The ceptans ceah he Inquired Of re sew ral times
there was any chance Of the captain getting over H.
and II be old if he would retain his senses, sod hoy
oIs II Dug ht be could vei he wondered who could
have committed tho murders in about tweaty miautes
or half 40 hour after fist saw the csp.sic; he re-
Ieatso rome order be bad given about rope The day
before; he said be would get up sbou o'clock; tee
OF V force we used with him was to keep him from
tearing tie b,rdsgee from his head; he was very
esIy sbe to stsDd the carpenter supported him, aad
be was up about twenty seconds; be then lay down
and went into constoee state; had several con- ,:
vera iona with Mr. Spepcer after ward; be cssa II
world be breaking up their voyage to 90 70 no -
miro, but tbs Cape Of ao'd H' z ,b sr, I
objected. and ssil We would rsshs! 60 -I ma
Rio: Mr.. Spencer ssid that the houSe ssrS:.
l l. "A Al L.