The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-27
The Murder and IuIipy on Board the Brig
General Fierce.

IEt Mur0tf dnu buiiul VII DVeiu sno DIG
General 'ferct.
o,oNo>~>,>o~~NJOy>N>o
Prcs~ptn,e..s OF the Grand Jury as 20 the
I,.sI r.~~fmsnt Of seamen-nlOti0" for the
Jury 20 TIC Composed or half Foreigners
UsiTkD STATES CIRCUIT COURT.
Before Hoo Judge IngersoI
Nay .a- The Cn,tsd Sates IT, John Smith job. Ned
John B,opw Io,~ De Cosa-rbe accused were sea
board the American brig General Pierce aud were
placed al the bar charged with the murder of Oisie,
lawson captain thai vessel the high seas on the
3cih o Feb usry lat the particulars Of which wee re.
forad In the HERALD when the prisoners we're sent to
Ecw York by the Consul ST. Thomas. The cook wa.
also killed but the prisoners Only put on trial at
rresen, for the murder OF the captain.
Al the eiiv Of the Court the counsel the accused
made two monops for separate trial, and the other
n~ a jury Il bali foreigners aud hsh Americans He
road the ada 't of John Smith aud his fellow prisoners
~ the effect thai they subjects OF sovereign of
Portugal and have become citizens OF the United
States. Another sida OF John Smith stated that
shipped board the General Pierce for legitimate trade
the Of .frcs and thai after the vessel put 10 sea
he told them she fitted out for slave voyage
nj he (smitn) refused for such purpose;
rcd cfoc, have separate trial. In order that ee
OF sbc other accused parties might be available
IL
uDjusl ia the should each have the benea
oi the others evidence appears that there but
eiabbne Of The mser and one Of the cook and the poba
tLi,y Is thai ote 90 inflicted the wounds
The DS tr'c Attorney opposed the motion, because the
shipping article did oos state that the prisoners
either nsiursxe1 citizens The cviden o sent
htme by the American Consul at 81 Thomas was such
Ma, en- ndis'men was found and by which it stated
geiher, that COP ttuted part of the killing
Counsel for pri oncrs made annheT notion to quash the
indie meot h la beard before thai hesviDg dead
rnnI Qvp NJ M mar
The Court denied both motions, stating that there were
two motions the nrt being for jury OF one hall foreign
ers biuh demanded rigat, ou the ground
that they were htrls,4ves foreigner The Court was
eaushd that IN 1881 or 81 this Circuit Court allowed
simi a. tn Of Two foreigners idiced for
pirscy But Is4a the OF drawing and enpanel-
hng ~, made by the act OF Congress to conform
70 prsouc- several Satee under the existing
laws az NeS Yok; such right wss given to indicted
foreigners. Til" moiiou was therefore denied. The
coud FOR separate trial in the OF pri
order that the others mis- called
TIA separate ial gfsntef John smith, and he
could pot theI legally cal the others witnesses, FOL
loved thai her god ground for asking for a Sc
psrate ua The Court would therefore, deny both these
rao'ions.
The prisoners, three Of whom were powerful looking
tnen, and the fourth email IN statue placer
bar AND seemed to n,en,ly the empanneng OF the
jury The prisoners entitled TO twenty pereIn
Challenges, and as many more they could show Just
cause for some were excused IN consequence Of having
conscientious scruples against capital punishment. Tue
folio~ng
1-Ismes Thomas, 7.-Rufus F. Hubbard,
2-Wm Campbell, 6.-Seaman Allsire,
3.-J"bn Pareppoh s-John +. Crnddock,
4-samuei C. Waite, Io-Corneius Hornet
5.-Wm n, lin, 1l.-Pstrick Lynch,
6.-Joseph tdk, l2-Nathanel ) Samiss
" thr above foreign born--four Irsh two
EAghsh and one German
PREsBErNKNT OF THK GRAND JURY.
The Grand Jury here entered said that Their.
wa no further business before them for action
The Issr OF Attorney said he had bit In
which he denied TO give the parties preliminary
nnaiion.
The Grand Jury then made the following presentmeuts
GRAND JUxY Rocks MAJ Do ISIS
8 saA-n Dssf,sz Of Hew Yuk, The Grand Jury for
the UBuet STATE Circuit IN n W ,id respectfully cal
asen,ion tie Court humble AMI frequency or tee
osmIlains by OF cruelty and shuse from p-'
officers Not coll has ih Dumbe OF 81 this CT d
tou heh have cone o.f4re The Ora d Jury been large
bu IL is hing 20 observe the high handed coolness
with h'ot thee bsrhNes are practi ,ed The sailor l.
bealen bot cy with the ro,es end but with buayng
Tsp, msriineIke md hanesIake and done With weapon
dehsts aiely crowded b. rehAnd. hoac knuckles
10 be isvoite ins rum-nt Of cruelty hardly USED, he
death resuhed humanity well q sourd Commercial
policy hav, ling cr.o against the esi Jet sadly pre-
eu al n, t~ aca u urge the mot un pariug aocsuou
Of tie laws for ue prot Of sailor and pdnh
men, o, cruel n'sssr and oii'er, uem the high se.4
HkSEY HI Ks secretary.
FRu'ooc BUiL, Assistant SC re'sry.
The G,aud jury then discharged for the term the
Court pu os,mg thai the subj ct which they hsd pre-
ssn'ed ~~ imI"tait AMI should receive proper stien
Mr.. y sm,th, .snoand with the p.tric, Attorney
opened the fr the prosecution, having caled
upon the Jory Ia dve their mind OF ell pri,dic and
coed to ,,ac h. evesc 70 bo aaduoed The ori. n.r.
four Of tie scapen of the brig Gcuer~l Pierce which.
Aorrovrs the captain, Lawson directed tie take
ea ih H. d. ~o'k IN the rigging; they remained
NJ thre som- time, when they came down frum aiosi,
chd the Captain d,f.cte~i smith N tn the ~be-l anil
oictber Va To s"ft; nj about " o'clocx tn |
captain ai'o mate vert 20 take the SUD, ant
the captain herzme die aiished sitb the
In which smith steering the vessel; some din nit
occurred, n ~bHh the captain smith blow in Tue
face arpesrs tLsi III" vent down 10 Inner afior
vaSds, and h,d converrapu thu m-eives
when they came 80 saith -tracs the CAPTAIN an knock.
bir ooxn I,hu Nef stuck h,r With an ave- All Bro~u
H,srtcd h,m with knife The CAPTAIN ,ens kil>6,
thro~ hefc ~ ali f the grorers They then -aii
20 he mae thA, he -irili c,pain aud they cal ei
p,cb h,r, Ia taxi e,anusnf Of the y-sve an ariual
eth a HIM the log hook the ILLNESS ~ tho
oa,asin ior l.,cra d.ys and maze appear that the
cud 81 nn,eu dass he died ~m, IN ,hen ref,red q
Ne s~t 81 the Ui'd STAT, ou the .ubec, ~ mnnv and
CaIasin Lac tis death the 10Th ~ February
tiHi cafei ~ tie sahbng by tn. pri. nro~n,
and ths, the slers &C ag and in ne rr me
Coz nsei fer he moved ~ d. CD from thi IN
doirsnt tho-e tire" Who emily charged with
eia,ug sbstu g.
Me- smy s,d d,s, there are ,x counts 10 the iic,-
neos, usy -eis-s charge the pi,ers ss PRINCIPALS
and a. alder
me 90 =, docl ed to motion
& p lusrnham, Curcm Hri.e Officer, was talei n
provo IN, ,n'iy 90, &c f,R,ry Of the Gene nj " rec made
and -ulsU ~ J-n -fy last. o. Iswsen 49, ms- sr,
and A.an~sI sud ahers osner-; he seo proved coy
q the rrgiDr en- bCul sgpeo ny The tsin am Mr A.
Cr,.srrnu,iped b. c1un,ei r- defcoce-vhness
thought tbsi tso GeB ~ e'c' "a oDce foreign vessel
Coun, Fl then Ncc - 70 TIE testimony until the vessel
ca ts,,ve.I q bc lr Anieftsn vssesl
ne CO ~ uynffUi Z. TIE M Ct'n
Cha. " y Faria (0f inc irftaene-e Corsui's ofce,b
emf Is.ts rus.h utc sp.prb n iuisTpr the ta-un ny
the pc ~ rtI gee and Italian languages
Chri u,lcf ~ " ftt-ous then ssorn ana
euimd by tn t4s,fet nsyi chi msle ~ the
brig Gcs P-v - i pa ward ~ Der % the Hh ~
Jrsusry, 1857; Nr issson co,smsader & list v"-
eel, -s c.fr,t h- Ain.s SEQ n.s tseory. Non ay
ss-ssd ssts. scrgrcd man oo'k; the consisted
~ men ,la v-sti h..unf for N0nrovis, feuthss
tie tfirueI 10 - tn cree ~ that yeselD we
slst~d on ,oas toward. the csslt q Area reclect
dIfhctlti poCirrti the 10Th Of Fcbruus;
csst bait Istt o'ciock snd -ner that cent
tBo breakfast with cagasb while there ne toh lac
ss.its- hr furcinpmaH rigging -, NJ; ~hen came Ca
desk tTd,eI Tie named John smith ~ c'me sith
afa rtafi nHlfl.f@ and oh tt-vu