New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-27

mad complaint ag8inst them for this transaction Ga
the 9Th OF February the brig arrived at 81. Thomas
,Lere the mate delivered the prisoners into the
,odv Of the American Consul who caused them - be-
err here for trial The counsel stated the Laws under
which thew were proceeding. They were. the act OF
Congress. Goth April, 1920, vol Statutes at Large
psge 49, section =; the act Of March 3. lS2j, vol
statutes at Large, page lis, section 1. The definition
az murder be cited from Wheaton. In conclusion,
The counsel stated that there questions upon
which the Jury would have to pass-fIst Was Capt.
Lawson alive on the 10Th OF February last ani
opd: What wa the cause Of his DEATH and BY whom
was Il efecteG
Mr.. Nash moved the discharge Of the two prisoners
who were held alder. and abettors Under the act
Of 1890 he said, the prisoners must commit wllful
murder, ard that by the act of $50 they must COM
nit wilfu murder within the jurisdiction Of the United
States The clause against aiders and abetOrs being
different section he cUntended that they should have
been indicted in separate indictment. To make
aiders and abettors amensble, the parties must be
charged as aders and abetiOrs and no. a. murdeers
We had no common-law crimes in the United States
practice-au crimes matter OF statute He
thought that the throwing of dead plain overheard
was not murder at all.
Mr. Smyth said that the different counts of the in
dictment charged each party with being principals,
and the others a. being aiders and sbettors.
Mr. McKeon said that one Of the counts was copied
from 9TH Wheaton, and had been frequently used in
this Court.
The Court ove1ued the motion, and Mr.. Nash took
an exception.
The tint witness was Sydney p. Ingraham, who
testified Is follows: ! Gm clerk IN the Clearance
Office of the Custom House in this city; | produce
here the registered oath and bond taken Of the brig
Gen. Pierce: it j. signed by George W. Hal, aS
owner, and =. 7. Lawson As master; | saw these
names signed: produce also the copy Of the register
the vessel aud clearance. and the crew bond both
similarly signed: they probably cleared on the 18th OF
January lest the date of the bond Mr. Hall belongs
at Baltimore; i, is, at least SO 10 here.
Cross.exGmined-MT Hall and Capt. lawson have
swon TO the fact Of their being citizens OF ihe United
States cannot swear to hos facts; the papers state
that the brig was foregn-built vessel | cannot
sw, ar that twohr1s Of the citizens of the
United States; | only know the facts as appear by
these official papers.
Mr.. Nash objected to the introduction Of these
papers iD the present state of the case.
Mr Mckeon said he had Mr.. Hall present to show
that the vessel was an American vessel.
The Court overruled the objection.
M McKeon then offered in evidence the various
papers producedthc register bond, crew bond, crew
list, clearance, &c. 49,
Messrs. Charles II. Edwards and LOU. W. Tornelli
were sworn interpret TO the prlsOnersthc former IN
ths Portuguese and the latter in the Spanish language
The next witness Christian III. w. Pc
traus who te-tiiied follows: | was chief mate
board the Cen Pierce; shipped board at her the
18th Of January, 1857; we left NewYork on the Dis.
Of January; the master of the brig Capt. y. Law
son; tile tunnage of the brig, far | know, was
900 tuns; sbs carried the American flag when she lett
here; the other officer on bsard was George Monday
second mate; tle cook cOlOfed man; Ill O the
on board then are Eow here in Court the witness
pointed the different members of the in Court,
including the prisoners the biig was bound t" Nom
rOvia rs the first port.
Mr. Nash said he presumed that every SLAYER would
get papers for MOnrovia means of avoiding de-
lection.
The wituess-These prisoners were shipped rs able
seamen; shaped our course 10 the Coast 81 AREA;
lrecoect difficulty board the vessel on the lOth
If February | came deck at I O'Clock IN the
morning; | got my breakfast with the captain; he
told me he wanted the iore-topmast rigging set; when
came out deck ordered the prisoner, John Smith,
10 90 with me on deck, get tackles, mailnsplke,
grease and whatever wanted 10 use; he did 40; at
10 o'clock the captain told me to let Smith come
down and take the helm he had been turned away
from the helm because he did not steer wen; sent
Smith down and took John Morris in hs place; ut III
O'Clock went down to my state-room 10 get some old
pal-lin 10 use; rs | came AFT ] saw captain Lawson
strike Smith while he was at the helm; dld not see
Smith make any defense, but merely heard nun say
CAPTAIN don't strike ne; paid no more attention t.
il; cot NV parsn AMI went forward 10 my WORK, nj
II clock went down and got my quadrant ani went
with the captain take the sun; al ~ 0c.orH, when
GOT the meridian attitude y was elgnt Dri', AM
told the men to 90 To dinner ] went To my siai"oom
70 work the reckoning; ] the men - forward, but
did not see them go down into the iorrcaNle ouced
John Ned and De Costa go forward, but cannot
saw AS 10 the others with confidence; 10 make my rcck
nnirr took me, ms near as | could judge, ~ mGutes
and a. came up | Jaw Smith and the cook IN the
galley.
Mr. Ea.h objected 10 any evidence 10 anything
in which the cook was concerned. oPI- cIos suS-
tanned.
The witncss-As | from my staieroCm and
came round the house | saw the captain and some Of
the crew standing the fore Rigging oi The vessel
the captain then not doing anything those stand
inc near the captain then John Ned, and
when came near saw John DE Costa while Vas
there ! saw John Smith; | cannot say confidently
where Brown then was; when J saw tn captain on
deck went toward him. and when ne saw me ne
- nffi, war ny " ua
any officers :" al that time there vas nothing
dong the men were standing IN srml-orcei "heh
the captain asked me this SAID Yes, Sr am your
fist mate anu ! went up al0ngsde Il num- ga"
John De Costa with HEAVIER III his hand the captain
asked ne where the second mate was; caught signt
of him iu,t then behind the captain commenced 10
pacify the men and asked them what was me matter
| De- hot remember that they then gave me any an
sw.r; | spoke 10 John Ned John Smith and John DE
Costa ana tn. secoI mate cannot swear rs to John
Brown: tried to get them 70 go To Their duty AGAIN.
while talking this way We got an % the quarteT.Gec
then tried To get the cabin door ana 30 did the
captain, but the doors were plocHhGeG Dy JOhn eu'
John smith and DE Costa, who still had the heayet
in his hands / begged OF them " iof uod
sake t. keep quiet, and PROMISED them II
th,v would resume their duty / would gel 'he
captain forgive them; the captain al tnat 'lne sI
Len struck on on the back 81 his head; saw the
blood when be lifted his hat while vas then taking
to the men, DE Costa was standing win the heaVer
raised over me; the HEAVIER Is ABOUT three Zee. IN
length about three or four lnches 'iich anu No.
pointed a, both ends they aye generally MADE Oh haru
wood blu, cannot LAY that the one De Costa had was
hard wood; DE Costa did rot say anything 10 me lhe
captain said they had mutlned on tAe snip anu taI
they could take charge Of the ship and DO whatever
they thought proper, and her on the rocks II they
wanted-he would do nothing with her; they said No.
that none of them understood anything about nayisa
ton but that should navigate the snip me caPiiI
said No | should not but atterward said he would
navigate the hip for them, and carry the ship 10 any
port we could reach in Europe or -. Thomas did
~ see Morris but know he was at the helm 9aw
Kirby with the crowd but he not doing anything
when the CAPTAIN said neither nor ne should naVi,
gate the hip he was standing on the starboard 'iae OIL
the vessel holding on the rigging he seemed 70 De
~ aid TINT be would naNgalt