The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-11
United States District Osurt.
Before Hon. Judge Beta.
CHARGE OF FITTING OUT THE NARY JANE PECK A

CHARGE OF FITTING OUT THE NARY JANE PECK AS
SLAYER.
JAM lo.-7ne United States ~. Manuel EAeperia.-
Mr. p J. Joachmssen Assistant District Attorney ap-
peared for the prosecution Mr. McKson being stu in
disposed. Mr.. f. B. Cutting and Mr.. j. ". Gerard d.
tended the accussd.
Mr. Joschmssen opened the case to the jury and then
called t1
William H. Brown, who deposed-I am tAe foreign
entry and clearance clerk In the Custom House;
such clerk In March, 1884, the application
duty; have examined tho Iss Of the Custom House ia
papers her i MARCIA 1854 tpspsr.
Produced) llsve no personal re collection them
to before Mr.. Osborne 1.-THE sh manifest Of
cargo produced); the Mary Peck obtained clear.
Ancs on these papers for sierra Leone in Africa.
Custom House; there lawful trade between port
and New York there are merchants engaged IN that
B. Lascala 4 Nephews, Mr.. Ware, Mr. Fr,e
W.T. Mil ksn-I reside at No. 1l2 Macdougal street,
Echevera by sigh and have spoken to him
this was IN the spring summer of 1856; first
his house think was in Eighth street near sixth avenue
his Office in Pearl street Hanover square, his oc
was that apparently Of merchant ship broker told
MT Echeveria that young man named L0weAthal had
called on me and stated to me that he (Lowentha had
shipped board Of vessel Of which NJ Echevera had
control stated to him IN substance that this
engaged on slave expeditiop that in consequence Of
that the vessel had been forfeited the Africa
tanned injury to his health believed that he
loventhaD had claim on Mr. Echeveria for compensa
tom named the vessel the Mary Jane Peck tho
defendant that the charge Of such character that
did not wish to proceed against him.
until saw him (Mr. Echeverts); told him that had
required the young man (LowenthsD to make ALI
davit OF that TACT sucn Is IMPRESSION and that
case appeared to he clear against somebody; that
Lowenthal was entitled to recover against the
the person who had The control the vessel Mr. Eche
vea said he had nothing do with the except
agent that be was not responsible for what
tn he no
sible party then had no proof that he connected
with The vessel only as agent afterwards On further
have been three four weeks after the first
renee, it might have been longer told Mr.. Echevera
been sold to him (de'endant) through broker; recol-
leet that in the first conversation told Mr.. Echevea
command of the Mary Jane Peck short time after the
vessel was at sea, and that the Spanish captain
petition; Echeveria said he did not know that it was
and that he was not responsible tor it, he defendant)
said at the conversation in his Office thai he had
vessel and had sold her to the Spanish captain
left him; he denied having any connection with the
sci and with her voyage, and had evidence except
that Of the young man himself Gowenthal) and aban
dored the claim don't think tsd him any thing about
criminal prosecutions think the name Of Capt. Davis
Capt. Davis think he said to the Spanish captain his
| name not mentioned
Cross.exanined-I presume the defendant kept house
in Eighth street. his name the door; his Off ,e
in Hanover square; have been examined the
Commits icner think that defendant said at the first
that he did not believe there any truth story
called upon him Tor money claim; then knew that
he wanted 81 coo besides what deiendan) had paid
him IowenthaI and his father called me freq uenty
Mr. Raphael called on me in the first instance ;
manufacturer and is sometimes engaged in assisting
members Of the jews the young told that the
Spapaid had taken command; the interview very
short; when he said he acting agent / think
asked him who his principals were think he declined
give them; my memory is lndstinct than it
l All lv lat ne
ldefendanD was acting rs agent; forget whether 1t
he or Mr. vsn Bunt VINO told nae that his bill of sale
in blank Part Of wtresss examn alton here read
illness Continued remember that something like that
stated in MY examination about the bill Of sails in blank
ard Captain Davis think that is So a. stated in my
| Mr.. Joachimssen then read the following from the
He (deensan said that had nothing to do with the
vessel only agent and didn't believe there any
'ns
ties, meanwhile calling at my Office frequently asking
whether there couldn't be anything done from ths
Information received called upon Mr. Kloy and learned
that the vessel had been sold to Mr. Echeveria went
to Mr. Ecbeverias office in company with Jules Loven-
thai and asked Mr. Echeveria whether he had the
owner of the vessel he said he had be told that
he had sold the vessel to Captain Davis then asked
MN ne Ans" VINO mao n.seu aes OUT ne sai' think
for further information.
O. when the defendant told you he had nothing to do
with the vessel only agent did he tell what acts
he bad done as agent and for whom A. He did not
he only said he had acted as agent for the
u. a
he told he had bought the vessel from the owner
taken blank blu of sale, and sold it to Capt Davis
O. Did he not tell that he had bought it for other
persons commission merchants and did buy 1t for
| himself A. He did not.
O. Did he mot, in your interviews with him, disclaim
all knowledge of that vessels voyage, and Ct the
sci ITSELF after you understood him say, he had
sold her to Captain DavsS A. think he went further
than that and said that he didn't believe she had gone
| Witness said he believed that to be correct.l
VIM. H. Brown recalled BY defence-1t is not usual to
fal uMicsf uariQa hnar
from New York to Sierra Leone; In clearing vessels
should say that we know nothing Of the passengers.
Abner Dupuy, examined BY Mr.. Joachimssen, deposed
II reside at Staten Island and in the coasng trade;
| know the schooner Mary Jane Peck she built at
err carrying gaff topsa she was I2s tons or therea
bouts she was nine years old last july February and
p"y David bupny cha Rowland and Myself owned her
in March 1854; sold her in New York for 81 800;
cash and for six months Mr. nos
payable in six months; signed what supposed
after that don't know whether any mans was in
it the notes have teen paid remember goiog to the
vessel; signed piece Of writing; could rot
it; think l had eeen the young man before.
Examination suspended for the present.
James n. Van Brunt--I shipping broker at the
of Maiden lane and South street; was such in
March, 1854 know Defendant BY sight remember a
for several years previous to this and had her my
books for sale that tms she sold for account
Dtpuy and the other to Mr. Echevera he bargained
her: we sgreed price for her; am under the i'm
preston that - 900 payable half cash. half paper
received the cash from Echeyeria received the paper
am able to say whose it was; acceptable
the owner received it from E. my Impression Is that
he either the signer the endorse remember Of
bill Of sale being made; it made In ofce there
two bills sale delivered to Mr. Echeveria-both in
blank az TO the ZANE of the purchaser know nothing
about the bill Of sale being in the Custom House,
recoaect Of person calling for Of the owners;
could not remember who 1t that called he took away
sale never Captain Davis any of the parties
who sailed The Mary Jane Peck after had sold her.
several gentlemen in Mr. Echeveras Office they
evidently foreigners; remember invariably when
in Mr.. Els Office the gentlemen consulting, and he
apparently acting interpreter for them to me- the
goation Of the sale of the vessel eight ten days
before IL eonsummated; at his Office several
times learned from another broker that Mr. f. wanted
10 purchase vessel heard from Mr.. Sherman, Of
the firm Of X. p Buckle Co. Of these foreign gen.
emen spoke to about this vessel except in the
prtsence OF Mr.. f.; the negotiation Was with Mr. f.