The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-21


y tbs District Attorney. ssksd Nj Spencer what was
lie matter in the cabin and he told me h- captain VAS
murdered 1t was in answer TO my question as TO what
captain was murdered; went again 70 NJ. Clark and
told biz shat The captain Was murSered MI. Spencer
did not tell to go to Clark there was no ACT o. insu
| Cross-examined by Mr.. Dunning-Q. What was the
character Of the crew A. They were about inc worst
crew ever sailed with.
To Mr.. Bebee-I mean as TO seamen.
To MIR. DunniI GAS samen they were bad crew, but
to conduct as men they were sGls@ty gIUa 70
hge; Spencer ud not have thrown out tue log while
was down below had not seen Spencer 60 down before
wen down first time; when Spencer went down
can't tell whether he went INTO the cabin into the
hurricane deck after he descended the stairs he went
out my sight, and did not see h'm until he came;
could from end 10 the other when standing
up, but you could see il you stopped down |;
the view would be obstrueted about ten feet
down. The poop deck is about So feet above the hurr
cane deck person standing could ace about far
Inc main nssch sny person on tho oisese had the
the hurricane deck il the the lockout Look
ing as be should, he could not see any coming up
coming along the deck from the forocaste without
being een BY The man at the wheel; the captain had
tnere three here who punished the rest
are gone In the ship.
every morning laughter); he was puniihed wild whip;
he deserved ie; he was not q bad boy.
Mr.. Dunnina--He wss not a bad boy, and yet he de-
seryed TO b. punished every mornngy A. He not a
bad spositioned boy the captain directed himself to be
called at O'Clock; af Spencer went to call ths
captain, beard him call the ste ward
o. Did you hear 8inny make any threats against
the captains A. He pat In irons, and after he
leout lie said he would leave marks on the captain
that would remain TO his death; that he would
be revepgei; that three four weeks before tho
cap'an'a Death sccollcct that the captain had the
blacksmith " triced up' two occasious be
pcnced fror, hean by the hands with his toes touching
the deck the backsui sent to the hospits in Rio
60 know thai be was Insane; after the CAPTAINS
DEATH Spencer told the second mate TINT we had
bitter ourselves; the morning after the murder
icc at the EMS counenances and see there was any
blood their clio hess did So and reported to ar.
Spencer that could not see anytng after this sg-
to mr. spencer that some Que or two Of the men
should be put ia irons; that five days afSer;
i remember amehpg Of setting the main royal that
night or the night after during spencers watch 1t was
six O'Clock next morning wien the vessel WAS out
about for Rio 1t was just about the b1eals Of day.
E6war1 Madison, (coored man, exwnned by Mr..
eeposed that DO was steward on board tho
Sea Wich the doctor and mate used to mess with the
CAPTAIN: heard some words between them on the 4th OF
upe the captain told him he was no seaman also heard
the captain say If he wanted any fighting he would give
IL to him either on IN rc or on board the captain also
told him that il they fought ca deck either he or tae
mate should 70 overheard and perhaps DO of them the
mate was q. ing up on deck at the time; about IL.
clock tock The Elrnacle Lamp do an 10 the pantry t.
trim it; sn the captain in his he rth at the ii me- Cii
not 20 down again until four o'clock; the chief mate
(penccr) caljad me. the lights were IN ont: SPENCER
sad to me, Hurry steward and get light asked
him where the Lights we're suencer sal he did not now
that the y we,e al ont when he came down: j nut my
hand INTO Tho papty and rot my lamp: Il ~ hanging
in its usual ace lit the lamp as oould get
loff 10 na tche vJs
the doctor had better cali the cartener tried to turn
the captan over could not 40 IT, and said had better
call carpente old Spencer ,oush the csptain.
Q. DID tho mate ask you for water A. Tie didn't
ne for water he asked me for basin; that was before
daylight: afer called tie carpenter Spencer said at
tic captains eor to ton mimi .es then went deck
the coc,cr in the captains rcom the cock sspt ia the
next berth 10 zoe between decks; don't remember what
hat soenccr wore at that time Spencer had no light In
his hand when net him in the cabin: he had hat like
the Panama hat produced. do not know whether be
I,,s,,.
burned till dayghs the boy jim slcp. down stairs wi IA
me and the cook he was in his Der til that night had
carried n from tue CAPT lin to me- aaw him mis-
berth at O'Clock: when wont up for the carpenter
GENE back as auicl as possible
Cross mined by Mr. Eullcron-I was present
at any other 81. pute between Il captain and Mr. sren-
GER The mate only came the hatehway to cali me- tho
cspsin Got up at The time urinnted heard the doctor
ieh Mr. Sfenccr ow much laudanum ne was TO give him
lhe .or) in he got crazy dcn't fecooc seeing
the doctor after that decs after nehto O. did you not
the doc take Spencer by the hand and cengrata
late HIM on the stcry manner in which no brought
The vcrsc into port. ard at tho thank him for
bling t,e r,e ans al preserving his Life A. did not
jose hen,ique Lsitao, Portuguese examined through
the inedina q int, rreter.Was seaman on ara
the Sea Watch WINS on Mr. Srencer's .ch was at the
wheel IRON, ~ 10 o'clock Spencer vas on ec from II
90 but he went below thrt times by the stairs on
pn,t ida 4 w,a not n".s;no Ia ce where he WI Mt whom
he went 5olos cannot v The exact inc that Spencer
nsst went down, but think il after IL (witness
plains sepo things he did while the mate away
When be caue up he had nothing in his mouth; he went
down again about quarter Of hour and remained
four or i've minutes; he went 10 t'ird time aud
stepped about long; the Italian took the wheel at
o'clock the id nothing but walk the deck; could
not sec from the wheel more than Eve six feet the
deck Il was DARK and could not dis tinguiii any
on the hurricane deck II Il generally customary throw
I'll log inst before ey change the ut the wheel it
il generally done near by the wheel
o Had MIR. Spencer generally quiet active
waehy {thieetcd tol
o. Was there any change OF rail during the time
al the wheef A. No; 1t blowing fresh wind.
o. Was there any order gycu by the mate your hear.
inn tom IL &c Q o'cItckg A. old not hear the mate
eiye any orders nor see HIN ,peas Co snv one; when
was relieved at tho Wheel went {, the long and
lay dow on some sails ana sept til The watch over;
l Davis was on tro lock out until O'Clock think it
was PiDny who took Bill ayiss Mace did not see any
body walking about the hurricane deck while Twas vt tho
wheel: when ri tho wheel could sec the rejection of
iiyl. from the cnbiu
s.exar,ioei by Mr. lnler ON AZ O'Clock when
left the wheel veat inimeoa' e 20 the loug and
Law ogn hnys before sat Gown and went 10 Sleep
was in SPENCER watch from New York to RIO
Antonio Alorrotti, an Italian, examined through an in