The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-29

The Lass 0f tho Martha Washington Case
Correspondence Of the Arkansas whig]
GALENA, Dec. 10, 1854.
The Martha Warrington case which, for the last
two years, has been the untiring theme with Ger.
tam clas. Of newspaper publishers has this eve.
recotcted that az the last term Of this court, Capt
Cummings, and Holland, the mate of the III fated
boat, Nicholson the clerk, and the kessrs. Chaplin,
burning the boat and Also for the murder Of certain
passengers on board. The above named persons,
except Nicholson, had been illegally kidnapped in
Ohio, and dragged TO this place In irons on she
sta'e, and fed from justice.
On 9 motion then made for bail, the court very
properly fixed ~ at large sum; bat on application
to reduce it, on bearing the evidence, and on srgu
ment Of counsel, Messrs. Pike and Fowler, Of your
CITY, the former for the prosecution and the latter
for tire prisoners, their bail was reduced to Q
reasonable sum- and they all gave security and re-
AT THIS term, the captain, mate, Earl, and the
hesns Cbapins, we're In attendance and ALREADY for
trial.
Counsel for the State. Mr.. Henry A. Badhsm,
States Attorney, end Messrs. Moore Sutton, and
John 9. Palmer, Of .nis place; and Mr. Walter Cole
man, of Mempb,s. For the defence, Messrs. Hsnly
& Alexander, jackson Crazy, OF this place; Messrs
VIM Il Brown, and +. NJ. Yerger, OF Memphis; and
Mr.. Fowler, Of your ci.y.
Capt. Cunm,I gs was test put upon his trial on
the cha &c OF murder; and shs Sta 9, after pr0du
ciDg all her evidence, and making an entire failure,
refused to submit 10 10 the jury on her En evidences,
and entered a nOAe prosdqui on the indictment for
murder.
The parties then being arraigned on the indict
meIt for azson, pleaded severally, the captain and
mate not guilty, and the three Msssrs. Caspln and
Earl spec ialy 70 the jurisdiction OF tne court, pro-
testing their INFO ence Of any crime, anu averring
that any committed that they wee at the time
iu I'll State OF Ohio, and not amenable to tha Ia W
Of ,his State which could only punish those who did
the deed within its limits tasy necessarily being
guilty agents, and alone responsible This plea vas
decide In their favor, aud they were dis sharged.
On this question Judge Adams delivered written
opinion, v bich presume will be published, and
which ofitsel5, with all legal men, aside from other
claims to merit must place HIM on niga ground 81
lawyer and judge.
Capt. Cummings was then put upon his trial. on
the Indictment tor arson, which eccdpied nearly O
3e.k. The widest legal scope was given to evil
dem on tie part Of the prosecutions; and even on
the suppositon that IL was entitled 20 full credit.
which nobody present believed it did not even raise
respectable suspicion Of uit against any Of the
pertes char ged.
Yet, that the whole matter might be douhly clear,
q part OF the evidence Was introduced, whicn made
the defence full, perfect. and beyond all question.
IL fully proved by 3lerks, mere aats, draymen,
and others in Cincinnati who had handled the pro.
duce and goods shipped, and by pilots, hands and
passengers the boat, tnat every pound of freight
for which psurar had been taken, on t1e part OF
had been actually shipped on the boat, in good
order. IL was also proved that Cummings had
paid 80 600 for The bcas, aud was making his first
trip with Der, having only insurance OF her TO the
amount OF "a 600, nearly his entire means being in
vested in tre boat and tnat he had other freight
on board sufficient to make the trip one OF hRod-
some pr fit to him. It was also proved that che
boat took fire about midnight, In the middle Of the
Mississippi river, on the coolest night during the
winter, with no moonlight, and everything Slippery
with ice, the banks frozen and ice Hosting in the
river and &C place where the banks OF the river
were more difficult to ascend tnan any o:her ON the
low er Mississippi
It was also fully proved that the captain, mate
and clerk at the enI eLt peril OF their lives, made
every effort to save, did save nearly a Ina pas
fepgers; and that Capt. Cummings with Holland,
the mate, in last desperate fort to save lady
snd her two little daughters, vera envelopsi IN
smoke and fire; and when the hre lad frightened or
driven their oarsmen away from them with the
yswl, were almost miraculousIy saved by canoe
from coal boat accidentally passI 8, woi ID in the
last moment snatehed them from the tongue Of the
devouripg flames. Ia their testimony tbis sotsacri
1cing heroic conduct, aud that the fire vas mere
accident, rhe passengers and all the survivors fully
and III sninously concurred. Indeed, In this tue
proof clearly showed, that instead Of infamy and q
dungeon, Cummings wss rather entitled to q monu-
meDt FOR bis courage and humanity.
The evlderce having been closed lsst hight, and
the State having faed entirely to make proof, and
the defer ce wing pied NJ mountains OF evidence
80 ss 10 remove all doubt, Mr.. Yerger announced
hat TIE defence would close their evidence although
they lad several deposioDs not yet ead, aud aeve-
rsl Hisne sses under the rule which the prosecution
might call in and crosse xamine II they thought
proper, and at the same time proposed 70 submit
he case to the jury without argument. This the
prosecution decr ed announcing thai three Ut shem
desired to address the jury Tne court then, alter
stating that three on each side might argue the
cause, being limited 70 two hours each, adjourned
till this morning.
When che cour. met this morning, Mr.. Fowler
arose snd announced TO the court mis- colleagues
lad resolved that under contingency would there
be but one speech for the defence, and again calmly
proposed 10 submit the cause TO the jury without
any argument ut all, which the prosecution again
decbned assigning a. one reason, thst one Of them,
Mr. Palmer, from the position which be had held in
the case, felt 1t incumbent on him to address the
jury, and argue the facts and law involved being
then ascertain ed that he, as well az Mr.. Coleman,
Fowler and others, would speak, number Of ladies
assembled TO the entertainment. Mr.. Palmer spoke
tire full two hours allotted MIN, in behalf Of the pro-
secuton, and among other things, intmsted that the
counsel fer the defence wished 70 avoid an encounter
with him, the las and facts, was the reason for
their proposition. When he had concluded, Mr..
Fowler again, the third time proposed, and said ne
did II In all cardor and seriousness, that a. the
gentleman had now defined his position and unbur-
dened himself, they would still submit the cause
without any argument ON their part. The propo-
siaon II en- accepted and, after an able char &c
from the court, the jury, after an absence Of fifteen
mil utes, returned VERDICT of mot guilty" Hell.
land was also then discharged. Thus has ended In
emoke, q prosecution with which the publ, has
been RECALLED with miraculous stories OF horrid crime
for two years past.
Marriages, Births and Deaths I'm New jersey
From the Trenton Gazette, Jan. q.
In puI Of the act Of l849, the Secretary Of
State has prepared his annual report OF the births
marriages and deaths in the State during the pass
year. which will be presented early next week 70 the
Ii gislsture. Az these statistics are valuable now,
and are yearly growing mere and moro 80, 1t is to
be regretted ii at the officers whose DUTY II Is to col
lect, register ard preserve them, in 30 many In
stances, neglect tneir duty. OF the l02 townships
in the State forty four haze made no return Of the
number Of deaths; forty have made no return Of
births; forty eight have made return Of marriages