The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-16

rsra sess.ed vevv auxio FOR The vsiteR'D Departure
An tAess circumstance should have mn wslsns'
they are circumstances q . marked character %
the night Of lhe sinking q the schooner man seen
coming towards the shore In yaws boat ne movemenee
OF the man excited the suspicious OF cusens
Of City Island, and they accordingly watched him, N-
rested him. and secured him. On searching the prisoner
various articles q property belonging 70 .ne ana
book Of captains found concealed In the leg OF
hrs boot This was q strong circumstance. Could any
person 20 board and commit the offence charged with
out the knowledge OF the prisoner If he had
plice the natter would he not have made some reve-
lions before now 70 screen himse possible that all
this violence could have TRANSFERRED board Of the
sci without the prisoners knowledgef II his statement
in relation TO this point satisfy you, why take
m true The body lay in the water for Ave months, and
not much decompoeed; but II must De recollected
that il was in the winter season. and that the ooay was
no doubt kept the bottom by means OF weight Tns
body was discovered about q mile and hall from the
spot where the Eudora was sunk. There was storm
few days previous 70 the finding OF the body body
is missing, and Is thrown on shore near The place
where the drowning took place. would there not De an
inference as to It's Identity But @ case rssens 81
the deceased II is true there Is slight discrepancy De-
the height Of the deceased and the living man but
II not great enough break the links Of identity When
person expects TO identify body they areapt 70 Jump at
conclusions hastily, and the jury are therefore not 70 be
iestimopy in regard TO that poi.. appears that
the body OF Captain Palmer had some peculnrtes
about which have been described by The witnesses
The face was longer than usual and the chin broader.
The wound upon the head would have stained the pillow
cases lust in the manner they found Then again,
there the mark upon the little finger Of the right
hand This finger had been crushed and the end was
Iarged, and had very peculiar appearance. II would
seem be Of the most remarkable cases that
occurred another body marked in the same way that
Captain Palmer should be found the spot where
the Captain was alleged TO have been murdered. The
the teeth OF the body sound three Of them be-
ing broken OF This point was in favor OF the prisoner
The marks which il alleged were the body Of the
Capain not found on the dead body, but the Incl
SONS the arms, breast and leg, would satisfac-
torily remove that discrepancy. II very strange
that body should have been cut in the exact places
where Captain Palmer had marks upon his person.
As said before, you have any reasonable doubt give
it in favor Of the prisoner for is his privilege; but it.
the other hand you believe him to be guilty Of the
charge here preferred against him. then do your duty
act calmly and divest yourselves Of every prejudice
against the prisoner his color Now, gentlemen, in
your hands is placed most important trust.
At the conclusion Of the charge Mr.. Larkn rose and
asked that the Court would charge
LIST That the did not come within the jurisdiction
Of the Court, and the prisoner was therefore 10 be
quilted.
I'd. That the mate Gilbert Pratt not being proved to
be dead it is presumed that he board when the
alleged murder committed, and might have been the
murderer well as the prisoner.
Sd. That if the jury believe the death Of Capt Palmer
caused in fight scufie and if they believe the
prisoner was the first party assaed they have right 70
bring in q verdict Of manslaughter
The Court charged upon the last point but refused 10
acquiesce in the case Of the two first.
AT 8 O'Clock P. N. the jury retired TO their ROOM in
company with Sheriff Little and the Court took recess
for supper