New-York daily tribune., 1858-12-02


shp but we five aforesaid wen, are quite inno-
cent OF any psrt in the affair" II viii be noticed
that. although Stanley signed the statement hs
nsme il not included in the body OF It,
There is not much more evidence relative to
Herbert and Stanley. They bore good characters
a. sealnen, and 50 did Plumer. f!heh trs'lhes
that after lie heard the firing lille he and Stanley
were on decb, Herbert came up and said, Ny
God they are all dead Oh deer, they are all
lilled !" Probably murder vas extremity
which neither he nor Stanley had fully c6otem-
plated. Pluuer and CARTIER, however, seem to
have gone very deliberately to work and they both
showed n bnod.thrsty disposition, even after the
event Henry Mason, seaman, testified, and NJ.
testimony was confirmed By others, that when the
bodies of the captain and third mate were liunchrd
over the SIDE Of the vessel, Pumer sald, 90
down TO he'll, and tell the devil sent You there,
probsby q reuinlsceuce Of Booth Richard Ill.
Pluner made no secret among the crew, Oi hs share
in H.. tragedy. Sdm'l Howard, one OF the seamen
testified that be heard Plum-r say he killed the old
man, meaning Captain Meen; that ne shot him
first and then " settled HIN" with o hatchet that
when he fired. the captain said, Ny God what's
This ?" When he (Plumer) answesed, :" It's me,
God damn you :" The evidence ct Carthef ! re-
yeugeiu disposition comes from several Ot the men
who say that when Provost was brought up from
the lower hold Carther assumed an attitude "a If
about 70 strike with his hatchet. He began curs-
ING him. when Plumer iqterirred, saying, " stand
back. Dick he's had enough Provost in giving
an account OF this transaction, says that Cirther
struck him with the fat eide oitne hitchet, saying
"Ab. YOU coward. I'm going to Kill You" There
would seem to be pretty good reason for III feeling
toward Provost, according to the testim ny for the
defence. to which ! now proceed.
Mr. Butler took the ground that the prisoners
were guilty Of maDslaughter only He argued ana
cited authorities tending to show that there may be-
such continued provocaton by a series oi Illegal
acts and treatment coup with Illegal restraint as
~ reduce Il homicide committed III the attempt t0
get away from such restraint, from murder 10 man
slaughter. If the jury should find the restraint
Illegal Con the ground that the shipping papers not
being in accordance with the act ot Congress, were
void ! and the illussge such as would justify The
crew in leaving the ship, then homicide III the asser
ton Of Il legal right, is not murder. He held, aso
that the jury had a right to consider the
illegality of the shipment. the abuse, the un-
wholesome food the probable duration OF
the voyage, without opportunity OF redress
&C., to determine whether there was suihclent
prOyocsti,n 10 reduce the act TO manslaughier.
The evidence OF abusive conduct by Provost, the
first mate, was very full aud came from all sides
Ffeld, 1.-THE Government witness, testified that lie
was very abusive, and hardly ever called the men
by their right Names but called them "d-d liz
dian" or "d--d Irshman." He beat liutchns
for not starting quickly to loose the forefoPgallant
sail He also beat Burns for letting the falls SIP
through bis hands, Nntn were I""ciiHS ""''!
striking him several times and kicking him, ana
threatening TO Kill half OF them before the voyage
WAS over. He also beat Carther and two others.
Henry Mason testified that he had seen Provost
beat and kick Hutchins, CARTIER and Burns; ne
struck Carther twenty times, 80 that there were
bruises on bis neck aud chest. lie hardly ever
called the men by their names, and coupled the
nicknames with oatbs; be threatened to shoot half
the crew before he got home. Samuel Howard
confirmed this testimony. lt seemed To
him that Provost treated the men worst
when they made the greatest endeavors
to do well. These were all Government
witnesses Provost was examined as to these
TRANSACTIONS ano be gave his version of them de-
scJibing the provocaiion he had received from the
Ieiracto y sealDer. There was DO evidence that
the captain hsd abused anybody, or that either
Plumer, Hubert or Stanley had been struck or
kicked. Pmmer had betn hear0 to complain that
Mr.. Lord had thrown water upon him. The evil
depce in relation 10 Provost goes to show that he
was a cruel tyrant, ard if he had been thrown
overheard, in sudden tit of rage Ind retaliation,
probably 10 jury would have thought 1t worth
while TO yindcate the law by conSicting his as
sailaDts.
The other strong point in palliation Of the oifeDse
was the UNIV hulesOu.e character of the TODD on
board the ship. And on this point quote the
testimony Of Hugh Duff, the steward 1t being the
most concise and apparently authoritative 0ne
Duff WAS called by the defense. His testimony
was substantially confirmed, however, by Fliicd,
Howard, Mason and Arrason, s,amen, who We're
called by the Government Duf's testimony Is as
follows:
AT the time we LEFT ew.Bedford, good broad was
served three four weeks; after that cask
Of coal Sc bread used, which had botn worms and
weeylls IN It; the mate generally breaks ont the
bItao: this wormy bTea1 wac od; two casks "i IL
were served out cask would last about month;
that breed not eaten on the cabin table baked
soft br, ad every night for the cabni toll the captain
oft, tbbt tie men Sere g'OvhAg about the erup;
there was complaint about the NE IT when We ntst
lett New Il, dford; after that vas bu'n snort Vhat
is so bad Hat It would not sta1d Ill1gl and sHet
badly; il not fit for sny iran to eat, spoke TO
the cook about II, and he sao oe was tired "l ooAng
il, it bed; some OF that beef Vas carried INTO
the cabio, but not eaten much; one DAY CART ed
piece into 'be cabin, wHel tins captain, alter turning
il aud locking at il, sad "oe"ari, take thls
"awGy aid Don bring any more Of y on my ta)le;
four five barrels II ire bad beef was s'Ivef TO tue
crew 10 the cabin they had p-uty oi meats, ani PIES
and puddings; a Ne~-Bc1iud, ht,rD PpuDds o
fresh were brought GA boart; at Fsva lar-
ter Of beef was brought on boarhi at FL rs-, lew
fowls were brought board, pork Gas served u@t
taice week tl the crew; II they pad II oi ene tue
cook took 1t without auh'li'y; We had duff tsce or
three tiues week, and 6sb au1 p'tat"es ON Sttur-
dsys; nce week; III the mornings We had hash,
as long es the pO,etoes lasted; We had nothing but
bread aid beef for supp-r; only two barrels uf pD-
ta,ocs came on board st New. Bedford; AZ Ftyl,
quite large qusit'y Of potatoes came 40 hoard; the
crew had them til they got short when the cabin |
Only mad them; the b4f barrel oi beans which We /,
had on leaving Ne~Bccfurd old aud nOndy;
there another cssk # good beans; heari cor-
psrts of the food every cav, which almost worried
the he out of me- | complained To the captain, aud
he laid they woud get DO better; once heard the /
mate say tie food quite good enough for the /
crew. from my experience, I consider thai the
food board snip was not fit for Cnrlstiau men |
10 eat; there pleIiy VI good bread and meat Oh
board
The owners Of the Junior are David &. Greene,
Robert b. Greene, pennis Wood ana Willard Nye, 7
of New. Bedford. Nr. ID. X. Greene being In
auired OF as to the food sad: