New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-27
Id " IN7ELLIGENCE.
MURDER ON THE HIGH SEAS.

| ~ II ONlOth lll- mOlHlH-f AhC Ndor VI Oouu
! De Costa. John Smith, John Brown and John Ned.
four on board Of the brig General Pierce, who
stand indicted for tie murder OF Captain 0sas Law
SON. master of that vessel in February last while
the voyage to the Coast Of Africa called for trial
The prisoners appeared in Court. They were dressed
in the usual attire Of seemen and are abe-bodied
men. De Costa, however, looked much care-worn,
and it is said has eaten but little food for several
days. n ed and Brown are Spaniards, and De Costa
and Smith Portuguese.
The prosecution was conducted By John McKeon,
United States District-Attorney and his assistant,
Frederick Smyth. AlansOn Nash is counsel FOR the
defense.
Mr.. Nash read the affidavit of Smith and De Costa
to the effect that they were born within the domnons
Of the King Of Portugal, and still his subjects,
having never become citizens of the United States.
On this affidavit they demanded the right Of being
tried by jury dc r7ediedte lnyva, one-hslf aliens.
He also read an affidavit Of John Smith, stating
that he shipped for legitimate trade to the coast OF
Africa but that after the vessel got to the master
told them that she was fitted out for SLAYER where
upon he refused to serve For this reason he wished
be tried separately, in order 10 have the testimony
Of his companions. Mr.. Nash argued that it
very unjust that these four should be indicted
together and deprived Of the benefit of each others
t. stnOny. lie asked Tor separate trial. for Smith.
a, least. There was but one ,tabbng of the master
and one Of the cook, and individual only did the
stabbing in each case.
Distrct-Attorney McKeOn opposed the motion for
jury of part aliens, as the shipping articles showed
that the were either native or nauralized Amer
lean citizens The evidence sent home by the Consul
was such that necessary To ndict the four
together All four Of the prisoners threw the captain
overload together and that constituted part of the
killing The danger was, that these might be-
come apprOyers Of each other.
Mr. Nash then moved to quash the Indictment The
proposition that heaving dead man overheard
murder was new to hun. He demanded for his
clients the production OF the evidence sent home by
the American Consul If these could not get clear
from slave voyage otherwise, they had right to kill
the captain; it iustifable homicide if that was the
gravaInen of the offeDse.
Judge IugersOll said there two motions, III,
first being tor jury of one-haf foreigners, which
these men demanded as right. on the ground that
they themselves foreigners. The Court was salts
fed that in 1885 SO or 81 this Circuit. Court allowed
a similar motion in the case of two foreigners indicted
for piracy. But in 1910, the mode of drawing aud
implneling Jurors was made by the act OF Congress
TO conform To the practice OF the several States under
the existing laws of New-lork, no such right was
given to indicted foreigner. The motion was there
fore denied.
The second motion was fort separate trial in the
of one prisoner in order that the Others might be called
a. witnesses If separate trial were granted To John
Smith and he could not then legally call the othes "a
wiinesses it followed that there. was no good ground
therefore, deny both these motions.
Mr. Nash requested the Court to note his exceptions
TO the ruling.
After some preliminaries the Court proceeded to
impaue jury. Mr. Nash exercised the right of chal;
lerge with great freedom. He objected especially to
merchants and natives of New-jersey.
The following gentlemen were impsneled "a Jury;
James Thomas Rufus T, Hubbard
William Campbell, Lamar Alaire
John BaIenPoh, John :. CTaddock
William Heylsn, Patrick LyncS
Mr. Frederick Smyth the Assistant District Att)r-
new stated the case for the prosecution. He first ad
veIted the necessity for the jury in this solemn pro-
ceeding to divest their minds of all prejudice The
four men now charged were part of the crew of the
American brig Cen Pierce which formerly belonged
to Baltimore, but latterly registered in New
York On the 2lst of January last the brig left for
the Coast of Africa trading voyage, the persons
on board consisting Of Capt. Lawson, two mates,
cook and seven seamen; and the parties here IN
dicted John Smith, John Ned, John DE Costa aud
John Brown charged with the murder OF Capt.
Lawson the 10th OF February. The voyage up Ia
that time was prosecuted without any difficulty OF I'M
portance The captain about nifty years OF age,
and was known a. strict discpnarian, and when ne
gave orders he expected to De oOeysu' ABOUT
O'Clock ON the morning of Feb. 10, while 1t was the
first mates watch on deck, the captain directed
the mate to prepare the Rigging, anu SCI
| the same ON the foremost of the vessel.
and he directed him to take with him John Smith,
one of the prisoners prepare that work. In pursu-
aucc of that order the mate went forward taking
Smith with him. and he remained aofi until about IL
o'clock, when he came down. ana the captain drecleu
him 10 send John Smith 10 the wheel and TO take
man named Morris alOft 10 bel him. This the mate
did and Smith took his place at the wheel where he
remained until about T. o'clock. About H. the mate
| came down for the purpose OF taking an observation
10 enable him to make the ships reckoning as 1t was
his duty TO do at - o'clock. The captain AMI mate
proceeded to take the sun, as II IS called, winch
they did at II o'clock and it being then eight bells
| thr watch on deck was sent below 10 dinner. The
| With prisoner
Smith who remained at the wheel, went below. The
| captain becoming dissatisfied with the manner IN
which Smith was steering the vessel, went up 10 nun
and struck him either with his hand or some lnsru-
ment in his hand the effect of which blow was such
as to bruise Smiths face and cause the blood to How
Smith was then relieved at the wheel ami Brown an-
| other Of the prisoners, was put at the helm, ana
Smith, De Costa and Ned went below 10 dinner with
| the rest of the crew. While they Were then
at dinner these three men, Smith, Ned and De Costa,
| conyerSed in Portuguese, some language unknown
10 the rest of the present after which they went
aud provided themselves with knives from their chests
and returned to the deck Of the vessel The mate was
at this time in hi. cabin making up his reckoning.
These three prisoners, after leaving the orecase,
went toward the captain. Ned approached Capt Law
son. who standing on the deck, and asked him
| why he had struck Smith when he was al the wheel
what reply the captain made the counsel was unable
| 10 state, but De Costa, who accompanied this man,
| Ned struck the captain with heaver-a piece of
wood some three or four feet in length and about three
| inches in thickness; the blow struck on Capt.
Lawsons he ad and it felled him. while he lay on the
deck bleeding h. struck him again. After some time
| Capt Lawson regained his partially, got up,
ana stood up and supported himself by the rigging of
the vessel he then ried 10 parley with the men, and
get them go and do their duty he then tired 10 60
aft TO get into the cabin, but these men, anticipating
that movement got between the captain ami the CABIN
door and prevented him from getting further All than
mdships While there the captain stood with his back
| TO the men, and being faint from the blows received
and from loss Of blood, trying TO supper: him-
| self nv holding the Hen .he urSt mate
came on deck he hearing the scuiie, ana the captain
| II ade remark :. Have | any officers aboard u