The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-28

slave voyage, the HEAVIER was three or four inches
diameter; lived at Lyons years. then went sea;
have been around Cape Horn 10 Africa
the captain strike John Smith with the back Of his hand,
and theI with rope; when gave the captain the axe he
carried an about 40 30 feet Of the (Neds
took away from him; heard them ask the CAPITA Svc
up hs pistols he said he haunt any, that there
nothing down stairs but old musket and for
ward never saw the captain strike any hut smith |
did not him strike the at the wheel DeCosta
struck him the head did not hear tho captain say
any thing about its being save VOYAGE remember
difficulty between me and the captain the men;
saw the captain drink but once, and suppose it was
spirits
Redirect examination When they first came on deck
John Ned asked the captain 1haI did you the
al the wheel forf' he made no
To counsel for defence-I would have defended myself
II could have got to the cabin 70 get the other axe when
fend himself out did not tell him what TO do with It;
had adze In my tool chest.
Gene, al Pierce; native Of Scotland at IL o'clock
the 10th February, went TO dinner with Ned, DsCos-
Smith and Kirby; saw John Ned open chest and take
q knife ont Of Il; | lay down for five minutes
near where the water casks were heard noise and
went up on deck; the captain cut on the head
Ok Costa and the mate were near him. John Ned told
90 the wheel Brown did not get his dinner; was
there at tho wheel for Rome minutes when sa~ tue BODY
of the captain carried past and then looked out TO see
they going 10 Hill my self; then the mae at the
cabin door wh the log book De Costa relieved me at tho
wheel; was there about thirty minutes. .
Cross examned-John Ned sent me to the wheel.
q Did you not know that you should not ooey any one
but the captain and officers Of the vessel2 A. WAS scar
ed; they bad knives saw large boiler; there was a
partition IN Il; do not know bow much II would hold
twelve years going TO sea- never at the coast Of
Africa did not hear the captain ray ho was going to the
The District Attorney said tina. he had pu. the
stand all the witnesses sent home 10 him by the Consul at
st. Thomas and the for the prosecution closed
FOR THE DEFENCE,
Counsel for defence read the following affidavit OF the
prisoner DE Cosa:-That the brig General Pierce WAS
SLAYER and fitted out for the slave trade In New York. n
Janusry last that there large Kettle on board, fast
the deck Of said vessel the said voyage with
division in it, forward Of the caboose, In house, and
was such condition to conceal II; II male
servoir OF thing aud another, and filed up with
ropes and everything put to disguise f. that the
Ter OF said vessel told deponent after they had been
that the vessel going after cargo OF negroes
deponent refused To co. from that time the master put US
short allowance Of bread, meat coffee and tea, and
tried by frequent assaults and batteries
he forward TO the oecaste on the day OF the ARRAY
tain stood over the doorway, and Ned asked him
why he WAS beating the men all the time; the captain
went and got an and seized deponent by the throat
with his two hands the axe was then laying by the
captain; then that John Ned struck the capt AIN
with his fist and he let Of deponent the second mats
hid the under the boat at the time the captain stood
the orecase he sung to the cook bring here
his (he catains) pistols from the cabin the captain had
had his pistols before, and had threatened TO
shoot the before al me day two previous,
the master had logged and assaulted OF the four men,
and had that occasion brought out his pistols from tho
cabin; there difficulty on board the vessel until
after the captain had dccse the fact that tho vessel was
going to Africa for slaves and that when the four men
had refused TO co. the master began course OF oppres
zion and towards the deponent and lhe other
prisoners, and attempted 70 subdue when We went To
get dinner in the forecasto went peaccably and
peaceabe until the captain sent for his pistols
| there were no dirk knives beard 10 deponcnts
knowedge the only had their sheath knives depo
nents men ordinary sheath
knives 10 do duty with other knives used In tho
ARRAY with the exception Of pocket knife, WAS tho
pocket clasp knife.
evidence against him, and In order thai the other
accused parties might have the benefit Of his testimony
The Court said that the law such that he could not
grant the motion Counsel his duty FAR he
could faithfully but peither he nor the Court could alter
the law Motion was denied ana counsel Tor the prison
vessel being SLAYER beyond the pale Of the protec
ton Of the Of the United saies and she should b.
The Court ako denied this motion
Counse then proceeded 70 up 10 the jury the hcur
Of his defcnce being that Indicated in tho affidavit Of IN
The District Attorney sum med up for the government.
coDtendine that 80 the prisoners acted in concert In tn
| murder, and that II preconcerted among them
ms Court charged the jury upou tbe law and the facts
and amer preliminary remarks told them that th'
captain dead second was biz death occas,oned by v,o
eDce third the violence which oaosed his death com
mtted by the prisoners either OF them foui IN, N
The violence unlawful and feopious tim, with
malice aorcthought either Expressed implied; sixth
was the captain IN the peace according The .ngnage OF
the law seventh. the prisoners Of sound memory
and discretion; and eighth, was the high seas
These facts should be proved without reasonabe doubt TO
Ind the prisoners guilty of the felony charged. In saing
the law OF the he SAID that justified in taking
the snoher the protection Uf hi own AZ Il had
been suggested ina, this vessel engaged trade In
violation o. the laws of the United SAtss Ho bound
10 tell the jury that that would not be Sufficient 10 justify
tbeSakng Of life II the captain engaged IN any VIC
hiion Of The law, he ame able 10 tho law. II these
several facts made out would follow that some one
guilty OF the murder and Il would then be necessary
for them 10 lind no committed II Il ls not necessary for
20 commit with his hand, but II he present
aid abetng and counseng the marder, he equally
guhv but Il a man y present without s'dleg, abet
upg tr counacllng, ho IL not liable for the conse-
ouencas OF tho decd. Tho distiuct on between muir.
der ard msnfaugh,er was then explained W tho
Jury by the Court. Murder Ia the killing with malice
aoretbougb mansaughter IL tho killing without malice.
and done al the moment vhs aggravated gyault In
com Led upon the party killing. The killing will not be
deemed felonious Il u either justified excused b. la
and Il is justified excused, II In not murder nnlss
there malice aorethought, but mnnslsughter only.
" justified Jerpctraei In pursuance Of duty impose
right given by law but " Il perpetraLcd uoin pur
Of any such duty right II Is without i-uaca.
ton, ard Is necessarily fconlous VI pcrpctraicd voluna
riy. Il y xcused II the death In occ2rJncd In conse
quence Of lawful act done by another person with
proper caution and without any intention Of hart and
/ juslled, n N also excused But " u " neither irsacd
excused II Is felonious, amounting 70 murder "
sd by malice aforciLougb sd b Lusa1lsughter n not
| ceused BY such msce, AMI malice nay bs presumed
from the OF killing uni - crcursaB-es adduccd
10 show that u DID not evi-t href. teontols killing,
therefore, Il either murdCr ir-.a gier Murder n
unawfully kills any rrssonabie creature M DO
ing and 10 the pear, With r1shcc s'ore hoaghi,
express lrrHod ", thcfe'o-c, ne Jury found
thai Captain lawson hsa ben tllsd On the h,h
with malice aforc,noush va th.ir dty ~ hni the
prisoners, either Of hem, getty 90 murder " they
found that be Killed sJh0ui nance, rcy would bring
In a verdict OF malslsughtrr.
me Jury rrslred aout ocl>t aaf y, M ahyent for
some tmo without agreement, tie Court took
Az oclo-k u uingtes, TIC Iu.y entered Ct ri and
found al the lrisoncrs gG.lty II tnsnsassslor.
The Bi~isd. ~ Libel suis sgsis,s, tho Times.
sypzEhE CouRr--apFtIs TFrM.