The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-20
charge Of Nprder ON the High seas-Thro "
ins Boy Ovcrboard-A Mystery.
UNITED srArSs COnusnoNKR's COURT,

UNITED sxArSs C00ussI0NER's COURT.
Before Geo, W. Morton, Esq.
Tho case OF the United States against Charles Stephens
second mate OF the Amercas ship Mary Bach charges
with the murder OF boy belonging 70 the ship th
nigh seas, came up for exami 2aon before the Comms
simer.
Charles Alexander being sworn aad ezAuned by Mr.
T. smith, for the prosecution, said ak he shipped on
board Of The Mary E. Bach a, New Oseans and on che
ssn OF April last on voyage kom thease to Liverpool
cephens the prisoner the rscond e OF the vessel
tho boy hsss came on board at New Orleans; he was
sboul or ls years Old the vesss, left OF the 10th
April the Last time Ross was n the afternoon OF she
fourth day out frcm New Orleans no was then standing
on tho forccaste deck, with broom, In his Lands; ths
prisoner also standing the iorecsstls desk wa
coming from the galley with my tea ans going into the
orecasie to take supper got far the orscastle
Odd son Of b--h, 7 will knock you down." then
saw him strike the boy with iron markings pike on the
kicked him. but could In what par, OF the rody
he was Kicked this occurred the port sds of the sAp
the vessel then her ssarboard tack went below
saw the boy knocked down; never ga she
boy after that In about hafaa hour after this the prisoner
came to the forcase with Eight and asad If the boy
the boy, but he could not be found
The witness, on his cross examination by Kr. Donohue
stated that he was In the mates watch; named
Watts was at the wheel at the time the occurrence be-
tween the prisoner md the boy there eight
at the time Of the occurrence there going
on on deck; all hands at supper witness remained
boy; when first saw the boy he was standing near
the forecastie near the casstan little forward of IT,
between @ the bow and the sapstan the prisoner stood
facing the prisoner think the blow on the LETT side
Of the heal the boy had cap on bis head did nOs
John ". Watts testified that he seaman on board
the ship ! knew the boy Ross; last sav him on the
evening Of the fourth or fih day out from New Orleans
Was at the wheel steering; went 10 the wheel thai
evening at four O'Clock saw the prisoner M the boy from
the deck Of the topgalant forecastle, lay him on
the rail and tip him overheard the prisoner then
waFed ait along the port side OF the ship looking over
ing sft until be got to the ship quarter and be then
looked over the stern Of the shp the prisoner looked at
me- biz face was pae looked over the stern and saw
the form Of the boy mean by the form the body Of The
boy the body under water close under the stern the
weather was fno; all sail under the royals except stud
at about four five knots hour; the boy thrown
over the port bow, as far forward as the caps.an.
whether the boy bad cap on him whea saw him pass
Under the stern he had red flannel shirt at the
te did not notice what kind OF pantaoons he had on
Ross wore red flannel shirt that day; there was no
person who had shirt Of red flannel on that day.
On further cross examination witness sayswhen saw
s %s take ns 8 n: he boy y
STAN he laid the boy the rail forward OF the cat
head the port side Of the vessel and took him by the
OF the vessel and just slewng round 10 the wheel
before his had returned 70 the wheel about
minute when saw the captain was then standing at
the port side Of the whee can't say how long stood
at that side OF the wheel but at six o'clock, when
relieved at the starboard side which the pro-
place for 70 be at hrst len the ST uboard aide
ot the wheel about half hour amer went TO
the wheel had no reason for going to
the port side ; at the time the prisoner
was coming up the companlonway the captain in
his cabin did the first nate then; the prisoner
the poop when the mate came on the quarter
deck this was just after saw the body OF boy after
the captain he leaned on the rail- and spoke TO the
1rst mate when the body II was not ny feet away
from the ship would say that less than thirty
et d moi hear the captain mate speak 10 the pr
soner; II was after P. NJ when saw the boy thrown
the had not set yet the day ne aud clear
went TO tea after was relieved; after got through
with my tea II about dusk; said nothing ~ any
OF what saw the prisoner do; the mate asked all
hands about the boy; some OF them said they did not
know where the boy was; said moth ng; when looked
over the stern held the wheel with my len hand; the
distance from the whee to the stern Is about hye or six
feet.
The case on the part OF the closed AMI
the Commissioner adjourned the further hearing until
Friday next, at 10 A. NJ