New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-30
LAW INTELLIGENCE
THE MURDER ON THE GEN. PIERCE.
UNITED STATES CIRCUIT COURTNEY 29.-Before

Judge NGERsOLL.
The United States agt. John Brown and others.
This morning the accused were put trial for the
murder of Charles l.. Groves cook of the Gen. Pierce
The following are the names of the Jury impanneled:
John c. Ely Henry David, George w. Palmer, James
r. Wells, John H. Van Hauten. WIN. II. Gidersleeve
Charles p. Van 0lden, Peter X. Roach, Thomas
Smith, David Beach, Valentine Cloves, Henry c.
Garter. Mr.. Smith opened the case for the prosecu
ton giving general statement of the facts already
published He stated that the indictment charged
John Smith with stabbng Groves, and that John Da
Costa, John Ned and John Brown aided and abetted
in the murder and assisted in throwing the cook over
board.
Mr.. Nash moved for separate trial on behalf of
Smith, urging that in the of Cook at least there
aiding and abetting on the part of other men.
IL Smith should be acquitted, the others could not be
tried and they were not liable be tried at au ntl
the principal should be tried and convicted. The
case Of Crownipsheld in Massachusetts, referred
10. Aiding and abetting was very indefinite term,
and he believed the indictment was bad 50 far a. II
relates 10 the other three Tie moved first, for sep
arate trials and second to have the whole indictment
quashed. He submitted the aiidavs of Smith and
Da Costa, presented on the former trial.
The motions were denied, and Mr. Nashs eXcep'
tons noted.
Christian II. w. Petrous. first mate Of tine General
Pierce testified that he smith stab the cook, who
exclaimed " | am killed! q, am killed"
Mr.. Nash here moved to exclude all the evidence
lAtng to the killing of the captain, and supported the
motion by long argument. The Court held tnat the
Government had right 10 show the attending clr-
cumstances for the purpose Of showing the motive OF
the killing.
Witness proceeded 10 explain the circumstances
Of the tabbiDg OF the cook, pointing ont the location
Of the parties by means OF nice little model of a
Yankee ship, which produced IN Court; Smith
stabbed the cook ia the side, and then witness ran
forward 20 the captain, who was then pareyng with
the muiineers and calling for his officers the
captain offered 10 navigate the ship Tor them to
Europe, the West Indies 81. Thomas but Ned and
the others said, "No; that won't do he was then
knocked down by la Costa and killed, JOAN Ned
sung ont, in the water e. and the four threw him
overboard then they said " Now for the cook 60 aud
they threw HIM over; they brought him out of the
cabin by the head and legs, his body hanging down;
the captain thrown the starboard side.
and the cook the larbOard side the cook appeared
10 be dead when be was brought out
Witness related the altering Of the log, &C., as on
the previous trial Witness proceeding with his
narrative when M. Nash said, One word, Nuri
Now my friend, you great coward anyhow. '
The Court-Let the witness 20 on; You can cross
examine him when the District Attorney gets done.
The witness eyes flashed, but he made no answer.
On the crOss-examinaiOn, Mr.. Nash Gated up
Smith the largest of his clients, s4ylRg: Snow the
place where the cook cut you The Cpur said that
course would not do but Mr.. Nash persisted 10 show
ing Smiths bands 10 the witness who SAID ne never
cav eny wounds upon them during the maliny or al
terwaTd.
Witness was closely questioned in regard 20 the
kettles on board and other indications that the ship
niebt be "a SLAYER.
6r. Geo. b. Hall owner Of the brig Gen. Pierce