The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-20

hard resting under hts he'd the pillow counterpAne aud
the sdge OF the bed covered with blood he beahsg
hessily old not any marks the eft aide u the
head ~hen went in with spencer Spencer stood inside
entered, and then came inside the door and stood al
about where figure II the disgram did not wait
dress myself; ! tried 10 turn the Captain over aud
coum NOT Sencer asked ne II wanted assistance AID
t,d him TO call the carpenter he W MT ont the
came IN ana we turned the body and the carpen
ter turned him over. q What did you do them A. We
looked to find where the blood from found
he bleeding from the aud mouth and left ear
his face vas ve1y much swollen eye was shut;
spopgsd the blood oh Of his fsce feuna that he had
gaah the forehead. over the right eye from inch
T. an inch and quarter Ia length; over the right
bones telidation il was circular depressed wound
there another wound on thu posterior part Of the
WINS actured his head was ira ctured hxwo places the
would the forehead did not fracture him; he ced
the day at IL o'clock; the wounds not such
could have b. uicsd by himself IAN iron Rim spike
prodnceol Witness coniinuedIhew wounds wsre sadi ~
could be inflicted by that 1t could have been made by
non telny In (braXs knuckles produccd) the wound
could nat have been inflicted with the brass knuckies
from the lcss Ct bleed, that saturaton tbs pill
low, End the swelling Of the captains face should
say the wounds Inflicted about hour and half
beie sawhm, they could not have insite OF
hour; the captain old speak when saw him; he
was nenbe and breathing heavily the carpenter and
myself TUNED him.
Q. lid Mr. Spencer touch him. A. Not to my know.
ledge Spencer went 10 the cook to get water ami no did
not me back 10 the s,ateroOm after that, TO know
ledg, up to the pia'n's DEATH witness tried TO stop
threat at asout o'clock the captain ed 10 get up 10
uInate thought the captain could not live y few
again, to my knowledge, until after his eeath Spencer
asked meit thought The captain could live and IL he
did would he retain his senses.
q. Did he say anything about the murder A. He
wondered who could have done II; about half hour
nf,er saw The captain, no spoke very feeby In giving
come directions in reference TO sail which had been
blown TIE captain got up for about twenty seconds
and stood with his left hand round the carpenter he did
nat say anything thtn.
u. Had xlu lion wit
the dehths A. We had several conversations Mr. Spen
Ger said II would be breaking this voyage to To Rio.
had better pa. In there objected and said that would
rather into Rio he said the house would blsmc him n
recover anu he would blame him for going into Rio sad
would SEQ him free from that, and he finally de-
cided on putting into Rio: reached Rio Saturday
the 10th june Spencer did not wish to LET the sailors
know that the captain murdered. he said he would
tell them that he died fom hcmorragc the captain died
on he 9th Of juno; he washed anu laid out; the
carpenter made box and the body put into il aud
lowered down into the hold; whiskey put into tn.
box with the body Spencer gave the whskey for that
@. Why did you not bury him At seas A. The captain
made me promise him, when leaving New York, TIM. il
and have buried by the eide u his vile In Greenwood
Ceme.ery; he stout, ahle, man; he was n strict
unless they were ordered there did not see any
Of them there that night We arrived at Rio
from the United States brig Bainbiiige, aud asked
MI spencer told the officer III the boat To tell the
cfthe cambridge that the captain Of the ship had
been killed; that he had been murdsred after
wards boarded by the captain VI the Binbidgc and the
United States Consul and Brazilian soldiers there
was an investigation, and the whole put In
double irons the steward and cook lett out IL irons
because they had 10 attend 70 the ship; Moniay
morning the Consul came board, and the brazilian
folders relieved Iy United States marines r. the
RanbriJgc; post mottem examination conducted,
nt which ised We found concusvely what had been
the effect of the wounds already described daring that
examination Mr.. Spencer stood Mt this head Of the
body he assisted In holding the beid he did
commenced exauiostion, but postponed 1. ut
the request Of Mr. Spencer; spencer sad he did not
feel well enough to 90 with the cxami nation that
evening Papers prodncca) believe that IL be ihs zig
nature OF Spencer; believe every board
smincd.
q Was Spencer himseh examined 0bjec ed TO- Ruled
out
q. On that examination any hing found on Mr.
Spencer perscnS cannot State. Oog book produccd)
prodncod That Is ~ vate log book kept By Spencer
saw Cnpt Lyon 20 into Spencer stateroom and lock
81 be hsd nothing in his band when he excep,
the key raw Cspt Lyon 60 into that sateroom nost
morning.
q. Had he anything ia bis bard when he
thtnf
Afr. Fullerton objected
Mr.. bs.be ssa the prosecution proposed 10 -how that
the marlin spikes were taken nom Spencer's room
Tho Court sustained the objection.
lhr exsniuation 0f this witness not concluded nj
the iisg Of {, Court at O'Clock. II IL said tn II there
fourteen witnesses for The prosecution And the
viii o<cupy considerable LET 9Th Of time The jury, ar
t.r sdniobiiion from the Court 10 hold any
yesAion on the subject, were permitted 10 sepsraie