Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-12-17

CoNCLUDED-The Detroit AdDertiSer gives the
following additional testimony in the Tyler and
Jones affair, which was elected on Tuesday before
the U S. Commissioner
John Dats slc0rn Il reside at Port Huron; l
was on board the Cliff Belden two weeks ago last
Sunday night went at the request of Mr. Tyler, the
respondent, to the Concord, then living lust below
the Grand Trunk depot. Mr.. Tyler, myself and
three Others were on board of the tug besides her
crew; saw Mr.. Tyler jump on the briggs rail; there
was good deal said before we got alongside of the
vessel; the brig hailed US first; they said keep
| away-what do you want or where are you going
to2" The Captain the ting replied Eve want to
lay alongside" when some one on the vessel said
You can't come now, for we have Just driven one
tug away-at any other time you could come along
side" We had Just met the tug driven off about
half minute befUre; the tug was steered straight
for the vessel, and struck her forward of the man
rigging; Mr. Tyler said, 'boys all keep still I'll call
around the pilot house, and left us all on the oppo-
site side Of the vessel; l stepped around the pilot
house and saw him standing on the briggs rail; he
said 81 am U. S. S.oficer, am q U. S. Marshal and
have writ against this vessel" or words TO that
effect; some one on the vessel said ''gO ashore"
Tyler then said 81 have come for the vessel and
am going to have her" when some conversation
passed between him and some other man on deck
which he could not understand. Tyler said "hur-
rah, boys, all of you! ~ | ran out and asked him
what he wanted, ana he replleQ, II want YOU to get
line aboard Of this vessel" took line and threw
it over the rails Of the two vessels they lay along.
side, but the end got jammed between the two ves-
sells, and called Amos Rouse to help me; got it out
and he and Summers came TO help me get it loose;
at this time was standing one foot on each vessel
and afterwards jumped back on the tug again;
went up TO Mr.. Tyler, who asked me if had got
the line loose; told him had not, but the men
were getting it forward; one man was standing in
front Of Mr.. Tyler with an axe in his hand, and
some four or five men were standing around; the
man who had the axe said, ''the first man who
jumps aboard of my Yesselr'-he scarcely uttered
the word ''vessel" before the pistol went of, and
saw the man who had the axe reel and fall. then
dropped back on the tug and took the end of the
line tlat had got aboard of the vessel and took
two or three tnrns with it around the tugs timber
head. As then turned around saw Tyler COM
ing with his hands placed at each side of his head
| said, ''You haven't shot anybody, have you!"-
Says he, 81 have, but couldn't help it
wouldn't have done it for a thousand dOlIars."-
went aboard the brig and took hold af the wound
ed man by the legs the man who had hold of his
shoulders, who proved to be the second mate told
me to get out or go ashore. Then l went to Mr.
Tyler and asked him what he was going to do he
asked me if the man was badly shot replied
that l thought he could not live he came out
from the place where he was sitting and said
a Let US get the wounded man on board of the tug
as soon as possible and let the vessel CO." then
lOLu tuS H1alG VI ~ get out OF
the cabin. then went to the tug to see Tyler,
and he returned with me to see the captain. Ty-
Ter said he was very sorFy for what he had done,
| for it was done unintentonally. Tyler went back
with me TO the tug when he had got about three
rods he said he felt sick, and appeared scarcely
able to walk, and had to help him on board of the
| tug. When he got into the cabin he said, " Lord
God, what must l do ;" after sitting about half a
minute, be said, 81 will go and deliver myself up
to Mr.. James, the Deputy o. S. Marshal" About
half-past seven on Sunday evening, at Port Huron,
on the Cliff Belden, saw Tyler with revolver in
his hand, and be asked me what thought Of it
| replied that l thought it pretty good one, and
! asked him if he ever used it he said he merely
carried it to scare people while on duty or serving
process, if they got ugly.
CroSS-eTGmined.-I was employed by Tyler to
assist in taking the Concord he said he had writ
for the vessel, and showed it to me; don't think
| the vessel was aground she dragged little when
the tug was attached to her. Three others beside
myself went with Tyler to assist him in taking the
vessel on the way to her he told ua not to harm
any one unless We got into row, and then to de
fend ourselves. The axe, when first saw it in the
captains hand, was by his side with the head
down but before he was shot il was raised
about broast-high, with the blade higher than
the handle-the edge up part Of tine tiIae; he
kept moving it around; the captain and Tyler
seemed both veXed, and were talking angrily.-
1t was perhaps four or five minutes from the
time the tug struck till the shooting occurred.
Melpin s. Latlrop, sloorru-Reslde at Trenton,
Michigan; was master of the Cliff Belden last sea-
| son; she is an American vessel don't know the
character Of the Concord; on the morning of the
29th, MIR. Tyler and four men, Mr. Curtis, the en-
| gineer, two hremen, the cook and myself were on
the Cliff Belden; Sunday, about noon, Tyler came
| to me and wanted me to go and see if could get
the brig Concord to tow down; told him it was
useless for had been to her and talked with her;
4 i L
| for my time and trouble if ! would go; | fired up
and went up alongside of the Concord and asked
them what they were lying there for, and they said
they were waiting for further orders; We left the
Concord and went to Port Huron, and it was there
that told him how the brig was fastened to the
Shore and there, at Port Huron, while was sitting
in my room on the boat, Mr.. Curtis came in while
Mr.. Tyler was there, and told me that he agreed
| to give this man, (meaning Mr.. Grouse, who was
with him. five dollars and afterwards understood
they were talking about cutting the ropes, then
Mr.. Tyler saiO don't want TO know anything
about your Observation-Disclosures it is | will
stand to it, when Mr. Grouse said will do it, and
the time was fixed at eleven o'clock for him to go.
Mr.. Grouse said he had white axe, and be would
cut them off in jtfy.
Cross -EIamined-I went to the Concord Sun
\ day night or Monday morning, to put Mr.. Tyler
on board of her, and if he got peaceable posses
sion of her to bring her away; he said he had
4 q
the papers and showed them to me, and said
they were all right; l didn't see them Just
before he went on the vessel; he took them out
and put them back separately into his pocket.
When he stepped on the vessel he said come on,
| BOYS, am Deputy u s. Marshall have a writ,
or process, q can't say which word he usedl and
l seize this vessel, and when he shot thought he
| stepped down on the iron; l heard Tyler tell the
men to keep out of sight As we were approach
ing the vessel told Tyler that they were out on
the vessel, hesving atthe wndlass. One of Tyler's
men said we had better not 60 there; Tyler said,
''Pshaw, have taken FIVE hundred vessels, there
is difficulty at all; it was suggested by some one
on the brig that physician should be sent for and
Tyler said, Take him board of the tug and car
~ him to Port Huron" and l said that was the
quickest way to get physician
The District Attorney said he did not wish to
proceed further in the examination of the witnesses
on the part of the Government, if the following
stipulation could be agreed upon, which was done:
"For the purpose of this examination it is ad.
mitted as true that the Concord and Cliff Belden
were American vessels, owned by citizens of the
/ United States; that S3rnia is in the County of
Lambton, in the Province of Canada West, and that
the deceased was a'ctizen, and the respondent is
citizen of the U. States.
GEO. G. BULL, U. 5. Commissioner
C. I. Walker, Esq. then stated that he did not
wish to produce any evidence in defence, as there
is probably sufficient evidence to hold the prisoner
The Commissioner orders the prisoner to be COM
mitted to the common Jail of Wayne county, to
await the action of the Grand Jury at the next June
term of the United States Circuit Court The nit.
tmus was then read to the prisoner, and he was
Temanded to the jail.
The Detroit Free Press states that the applica-
ton for requisiOu for the person Of Tyler is held
in consideration, and will not be granted except
under certain circumstances. They wish to have
the matter remain in the hands of the American
authorities until the question of jurisdiction is de-
cided, which IT will be when the case is brought
into Court II, as is expected, the defence claim