Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-12-16

EXAMINATION OF DEPUTY U. S. MARSHAL TY.
LER-From the Detroit Advertiser we learn that
the examination of Tyler, for shooting Capt Jones
was commenced on Monday afternoon before U. S
Commissioner Bull. U. 5. District Attorney Mil
Ter appeared for the prosecution, and Messrs. C.
J. Walker, aud G V N. Lothrop, for the defence.
The circumstances of the case are well known to
our readers, and we need not repeat them here
Four witnesses were examined on Monday We
extract portions of their statements relating parc-
ularly to the shooting affair:
Dauid BrOtrR SlrOrn-Reside at Cleveland am
seaman of nineteen years standing; was employ
ed on the Concord for two months aud half from
the Both of last September The last that | saw OF
Captain Henry L. Jones, on the Concord was two
weeks ago last Sunday night The Concord was at
Port Edward at Port Sarnia; the boat was fastened
by two hawsers to the plies; fastened the lines to
the piles. The building nearest the boat was the
Grand Trunk Depot. Saw prisoner one or two 0,
clock Monday morning; that morning the tug Cliff
Belden was coming up the river from Port Huron;
as suppose, she was coming mp under our stern;
tire Captain asked the tug what was wanted there;
the Captain of the tug or some one on board of her,
said they wanted to hang on awhile. There was
no further talk, and the tug showed along side of
the vessel and Captain Jones said if they put line
on the brig we would cut it; there was no reply to
main rigging, and stood there with one hand hold of
the rigging and holding a revolver in the other !;
| the Captain told him to go ashore and Tyler re-
piled that he was United States officer; the Cap
| tain said he was on British ground and that Ty-
/ Ter had no business with him, and, without any
him; the Captain was standing on the pig iron on
the deck, close by the rail- not more than four feet
| from Tyler; Tyer's head at the time was two or
| three feet above the Captains; was standing four
or five feet from the Captain; when he was shot he
/ fell Immediately; had not moved from the place
where was standing when he was shot; when he
fell he never spoke; after he was shot we took him
into the cabin, and afterwards put him on board
| the tug, and took him to Port Huron; there was
wound on his left temple, covered with blood; it
| was pleasant night; neither very dark nor very
light; all that heard Tyler say before the Captain
/ was shot was, that be was United States officer;
at the time OF the shooting the two vessels were in
no way fastened together after the shooting Tyler
| jumped on board the Concord and saws ycu are a
dead man, and who is the next, and pointed pis-
toi at my breast, and afterwards walked forward
and said something to Kenneth, Mcdonald and Pc
! ter Melee, about resistance, which could not IN
derstand. Mcdonald and Melee were hands on
board the vessel
When Mr.. Tyler was on the rail he did not say
anything about having any process there was
nothing said about process at all; he simply said
he was United States officer; the Captain had the
axe in his hand the whole of the time; did nothing
with it first; it in his hand Just before the tug
came alongside; he then took it when he saw her
coming; can't say whether from the deck or from
the second mates hand; when the tug was coming
alongside he said he was going to cut the lines if
they put any board they put no lines on board nor
did they try to do so before the Captain was shot
Mr. Tyler didn't stand on the rail over minute
The Captain held the axe by his side. was look
ing st the parties all the tme-think that if was not
moonlight l, the second mate, and the passenger
rol1 eknN, -,
our hands. didn't see the Captain with the axe
raised, although could see it as distinctly as the
revolver. saw it distinctly in the Captains hand
with the head downwards. When Tyler boarded
Us the Captain didn't know who was coming on
board, and when he pointed the pistol at me he
was about four feet from me. All that said to Ty-
Ter was, "You are a cold -blooded scoundrel."
QuintOn Morgan slc0Tn-My business is sail
ing; have been Oh the brig Concord two and a half
months past; reside at Morlette, Sanilac County,
Michigan; our last trip was to Marquettes; we fas
tened alongside the wharf Of the Grand Trunk
Railroad, at Sarnia.
When the lug was coming up alongside hailed
them, and afterwards the captain asked them what
they wanted. The reply was that they wanted to
hold on little while. The captain told them that
/ under any other circumstances than as they were
fixed at present they could hold on as long as they
were mind to. They then kept bearing up along
side of US, and the captain told them to move on,
but they kept on their course till they got close
up. He then told them if they put a line on board
\ the brig he would cut it. At this time he had
nothing in his hand had been using the axe for
unslacking chain; he asked me for it, and hand
ed it to him. Next saw aman step upon the rail,
who said he was an U. S. officer. The captain re-.
/ piled that he was moOred on British -; don't
know what he was going TO say further then
heard the report of pistol, and the captain fell to
the deck; with the assistance ofsome one carried
him into the cabin; l could not recognize the man
who fired the pistol it was the same man who
said he was an United States officer saw the pis-
tol in his right hand while he was standing on the
rail, before he fired the man that fired at the cap
tain was a foot and half the highest and they
were almost in reach of each other-perhaps two
feet and half apart, and was not more than four
or five feet from them; l saw blood on the cap
tain; when first saw it, it was running down his
left cheek He died about three O'Clock Monday
morning; remained with him till that time.