The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-30


Cook.
UNITED STATES CIRCUIT COURT.
n"s"-~ Hon. Judge lneersolL
MAY 29.- 7he United Sauce %. S~iA Eaha Neis,
John De Coaa and John Brous-The prisoners, who
tried for the msrder of Captain lawson Of the brig Gen
Pierce and found guilty of were now placed
at The bar charged with the murder Of the COOK colored
man named Groves,
After several challenges the following Jurors were
sworn
l. John C. Ely, T. Charles p. Van Order,
z Henry David, g. Peter r. Roach,
s. George ". Palmer, O. Thomas smna,
e. Samuel X. Wells, 10. David Beach,
s. John H Van Hauton, IL. Valentine Caves,
s VIM II. Giidersiecvo, IL. Henry Q. Carter.
Mr.. r. smy,h, associated with the D,siric. Attorney
opened the case for the detailing TO the jury
no material difference In the statement from the former
oprpg, except The fact thai the mate had john
smith 10 into the cabin and deliberately stab the COOK
which followed by the four going into the cabin
taking out and throwing him overheard, they
had air eady done the 10 captain
Counsel for the prisoners moved that Smith should be
tried alone From the opening statement Of counsel for
the cuon appears that Smith gave the sab, and
that the others did not give single blow. The allegation
that they only aiding and abeng Smith By laws
of the United States the principal be found guilty
II there is no offence committed there ca be NO aiding
ana abetling The prisoners enttled 70 separate
ta, aud If the Court would nos grant thai motion he
(counseD would move that the indictment be qusshed
he believe Il 70 be bad.
The Court had had those motions before him on the
former trial. he gave them great consideration and he
change Il.
Counsel for the prisoners then took An exception the
ruling
Christian H. w. Pe,rous sAe mate, was then sworn and
examined by Mr. McKeon and gave evidence imar to that
the trial for the murder Of the captain the Of the
cook Charles Groves the 10th February the
officers ana all alive; after detailing the
cIences witness said that after the difficulty with the
captain he saw Smith 90 Into the cabin and stso
the Cook with dagger; the cook hiy
years OF age; did not hear anything when
WAS in my room: when came round the door
saw Smith IT bbing cook somewhere In the side;
went forward fast could to where the captain was
standing some spars alongside Of the boat DeCosta
Nede and Mnnday the second the captain
dent know where Brown was; had leh Smith IN the
cabin DeOosta had . HEAVIER in his hand it Is piece Of
little sharp each side (WitDess detailed the at
tack by DeCosa, ana the stabbng OF him
by smith John Nei was there also, but Neds was n9s
stabbed; Neds sang out, Gan hands, In the
waisr," ana the tour prisoners took the cap
tain up, and hove him overheard they then
cried out No~ the cook" they (the four prisoners
the cabin aud the " and carried
wah hrs belly downward and hove him overheard they
should take the vessel ~ ST. Thomas they made enter
In the hgboo< that the cook and capsin sick from
Gay day that sho aid appear they died snaural
DEATH did this at their bicding u my life ADD 10
save the ship they then commenced washing the blood
To u,os-rbe cook looked IKE rs II he was dead when
tn own over board,
Cross examination Tho raIaain had tolt me that hs
had struck smith; witness never any wounds upon
Smith.
Geo B Hall depoeed he owner OF the brig Gen.
Pierce he rs native OF New Hampshire and resides In
Baltimore; the vessel consigned the Brothers
hcG, oolored In Moiavia; the kettles board
for the purpose OF purify ing Ia IN OIL
Cr0r exsmned-hy father burn In New Hamp-
shire; be physician and ST. Thomas for the
benefit OF bis health then physician at Morava for the
Pamas, and then entered INTO the African trade
The oher witDerses produced the other trial were
ton Thy second mate 10 his sxaminsuoD stated H
juror whether he heard the prisoners say why
tam asked them VIVA, they struck him for ADD
they asked him why he struck the the wheel.
none Of the prisoners could be constsed ssosps smith
who alone struck the blow; the others NOT Aders
asd acsvos ~ that murder cause the COOK was dead
insisted that Smith might have killed the cook 10 the
heat Of passion, and therefore DO nothing than
msns a. gutter.
The District Attorney In hs summing up insisted that
necessary u make an uple u for violating
sss upon The seas lie that Smi b. in
o. being struck by the captain At the Wheel armed HIM
self dinner with dirk Knife, that Ned and De Costa
ranged 10 attack the csp'sa for this assault thai whe
Neo and he Costa at acked tn. captain, smith
the cabin and kcc the cook TO prevent bringing Arms
TO tie canaan, at Broen lef the united 10
the combination b. bis sabbng the cant in, and
iou Of them threw the cook overload being doubtful
whether be dead si the time; that there every
evidence That the art ~as done from bacshsartd mace
against an unorencins man To reduce the crime from
murder to manslsogher, they must be nsinced thai
there was Lo malice.
The Court cha, ged the iury expann. TO them the x
which oisuguishes murder from mauslaughier and re-
cxptulaing the fscv 81 the case.
The Jury retired ~ minutes amer O'Clock. During
their the Mar hal the prisoners out sccompA
nicd by officers, 10 get refreshments
Al 2o minutes to O'Clock the jury entered Court, and
being by the clerk they had agreed
and that there probability Of their coming
cuson they hearty unanimous the rrst
The irdemen, rs against smith, but we're In douo,
Ia, others.
The Couri--You no, state tho points Of difference
and y"u may retire again for the p-escnt
A. half rast nine O'Clock the jury answered that they
had sgr,cs upon a verdi Tie Judge for, and
his arrival the jury form ally rendered a verdict
entity ~ murder against John smith, aud guilty OF man.
slaughter against Ned, Brown and lie Costa.