The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-13

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;, The Court adjourned to Saturday, to halfpast
three o'clock.
United States District Oourt.
Before Hon. Judge Belts.
CHARGE OF FITTING OUT THE NARY JANE PECK As
SLAYER.
THIRD DAY.
AN.l2.-7ne United States rs. Monuel Eeheve
ria.--Julius Lowenthal, recalled and examined by
Mr.. Joachimssen, deposed that the receipt was
signed in the bank; read it. Nitaess here said
that he wished to correct his testimony by stating
that he was once on shore while at the Bay; some
few pieces of the lumber were kept on board planks
and boards are the same to me; I came to the con-
clusion that the men were hired men.
Cross-examined by Mr.. Cutting.-I heard the
name of the Spanish Captain given in court; it was
Beriz; heard no name given to the Spanish Cap
tain on board; he WAS only called the Spanish Cap
tain. WITNESS describes the boxes BY dagrams.l
There were about two dozen of them made.
John Helms, one of the United States Marshal's
officers examined by Mr.. Joachimssen, deposedL
have followed the sea for twenty years. know Of
the management of a fore and aft schooner of 1913
or $50 tons: six men before the mast would be a
large complement, besides two mates and sometimes
a cook; the general rule was at the rate of two
pounds OF beef per man, or about II pounds Of pork;
the usual complement Of men to the West Indies
would be four but on account of sickness and to pro-
vide against contingencies, it would be about six
men.
coast of Africa.
Julius Lowenthal recalled signed three receipts
A receipt, Of which the following is copy, was
Received, New York, Feb IA, 1855, from schooner
Mary Jane Peck, agent, three hundred and twenty
four dollars in full for all my claims of wages damage
hatsn
nature, during The voyage from New York performed
between the lst day of March 1854 and 1st Fesuary
1855, and for which sum have become satisfied and
herewith entirely content. GEORGE FRIDAY.
($S24
Witnessed by LEWIS LowESrHA.
Witness sad-This is one OF the receipts aigned
Stocker had young man with me to sign it. gave
the receipt to StCcker.
Louis Lowenthal, examined am brother Of the
last witness; / am in business with my father in
millinery and lace; remember that my brother re-
turned in February, 1854, about the l4th or 18th;
he came home in very poor health and told me to
find out the owner of the schooner in which he had
sailed, and to get his wages paid as he had not
ceived any: went to the Custom House, and either
the day the next, called on Mr.. Echeveria;
saw Mr.. Stocker at MIR. En- office; did not see
Mr.. E. was told to call again and to send down
my brother; told Stocker what wanted; called
again the same day with my brother; Mr. Echeve-
ria was there then; Mr. Stocker asked my bro
ther what he wanted I; he asked him the
particulars Of the voyage, and the amount of
anything to do with it, but they were kind of
mixed up with it, and that he had to see other par
ties about it, my brother said to Stocker that if they
were not the parties who had to pay the money he
should tell who were; Stocker said we know Mr..
Echeveria was sitting at table; Mr. Stocker went
to Echeyeria and spoke to him in foreign language;
did not know what language it was my brother
said he understood the first words, this boy, and
then he told to call again Saturday at o'clock;
that he would do all he could for my brother, and
cautioned us not to speak to any one about it in the
meantime; we called again on Friday instead Of Satur
day; we told Mr. S. that my brother felt very bad,
and that came on Friday instead of Saturday:
Mr.. S. told to sit down. that he had to see other
parties first; he asked my brother the amount OF his
demand; my brother told him the amount he wanted,
and said that he asked just as much promised
to him; Mr.. S. thought it was too much; my brother
told him 81 month for the first half month"; and $50
per month for the residue OF the time: Mr.. Echeye-
ria passed at the same time, and remarked that we
should not expect to get so much, for If we did he
would not be under the necessity Of going to sea
again; my brother answered he did not think the de-
mand extrayagant, as he had endured great many
hardships, and was in poor health and as MIR. Eche
yeria must know what kind of voyage it was; Mr..
Echeveria interrupted my brother, and told him
he knew all about it, and went OUT Mr.. Stocker then
went away; he came back in half an hour or so,
and asked II in case he would comply with our de.
mand whether we would give receipt in full, and
never again have anything to do with it. my brother
agreed and he then called him outside and said he
had a letter to show him: they came in again in a
lew mlUuteS ana StOcker tOlu Us 10 come along
with him; we went ont to the Hanover Bank build
ing he told us to wait few minutes: he had the re-
cepss in his hand, and said he had better 60 and
see if they were right: he came out again and called
us up the steps, he had the money laying ready IN
god he had three receipts, and wanted US to sign
them my brother told him that he had shipped I'M |
der the name OF George Friday, and that that was /
not his right name; Mr. Stocker said that did not |
matter and my brother signed the receipts George
Friday; signed it a witness. Identifies the re- |
ceipt produced)
Cross examined by Mr.. Cutting-My brother al |
ways said he would take chance and 60 to sea;
don't remember the exact words that occurred at
Mr.. Echeveria's office, but / state the substance.
Witness further testified that he went TO- Judge
Stewart to consult him about the claim but he said
he had no jurisdiction.
After some further similar testimony for the pro-
secution, Mr.. Gerard opened the case for the de-
fence the theory of which Is that the prosecution
was the result OF conspiracy to extort money from
the defendant, who is merchant OF nine or ten
years standing and Of good character: he is not an
American citizen, but he has an American wife and
an American child. Counsel dwelt on the utter
worthlessness of the testimony OF LOwenthal and
said that if Mr.. Echevera had submitted to the ex
tortion of IS 000 or 81 O00 or even $780, to which
amount Lowenthal and his advisers reduced their
demand, the District Attorney never would have
heard OF the case and there would have been no
prosecution. The defendant had been unusty
treated, and il he had chosen to have submitted
himself TO the mercy OF the government officers, by
sending them his books this Indictment never would
nave been 1OunQ.
Mr. Joachmsson remarked that before the case
was sent before the Grand Jury it had been sub
mitted TO commissioner; the defendant had been
arrested and claimed bearing on which the de-
PENDANT cross-examined all the witnesses for the
prosecution and introduced all the evidence he wish
ed to offer; that there had been an elaborate sum-
ming up by the learned counsel, and the commits
sioner decided that the defendant should be held.
The took its usual course, and resulted in this
trial.
Adjourned to Monday, IL o'clock.