The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-10
ALLEGED Murder on the High Seas

VhitED othf 90 SinOoii SOShAs
Before Hon. Judge Smaly.
TIE JUDGES CHARGE.
ArRn s-The United States u.s. Geo. Da,0.-In this
case ex Judge Stuart having up for the Defence
and Mr. Dwight for the government, Judge smaIly pro-
ceeded to charge the jury.
The Judge charging the jury stated the nature Of the
indictment and the against the prisoner and remind
ed them that though this indictment for murder
competent forthe, upon view of all the evidences
vct him Of the crime charged in the indictment -
fad him guilty OF mansaugher only The Judge then re
wed the testimony, and continued to say has been
bed that the dead DO iy must be found before there
be any conviction for murder That is the general rule
but it is universal One Of the most able and en-
nent writer's on criminal law, Mr. Chitty says =
" II is said 10 be good general rule that no man should
be found guilty of murder unless tue body OF the de
ceased us found, because instances have arisen OF
found to be alive But this rule must be taken rather a.
caution, than a maxim to be universally observed ;
for 1t would be easy in many cases 80 TO conceal BODY
TO prevent its being discovered"
Can there be any doubt in this case that Humphrey
was killed by the fall, or immediately drowned Wa
his death by the respondent did Humphreys
come 10 his death By mere accident misavenure
coming down the back stays as he did, without any VIC
lent or improper acts ofthe respondent It was the la
blows OF the respon lent, and his order, That
forced the deceased down from fear OF the
hs ne woad
endanger his life to force him TO descend IN that wap or
that would probably be attended with enormous bodily
injury by falling that you can justly infer malics TO
the deceased, such brutal matgnity OF conduct
carries with 1t the plain indications OF heart regardless
Of social duty and fatally bent mlschef So
Aud it would vary the that the force
OF the authority OF the respondent 10 compel perform
ance and the fear which the deceased bad OF the accused
consequence Of his previous treatment OF him, instead
OF the blows, kicks other physical force, produced
compliance with respondents order aud induced the de
ceased 10 down he did, although the latter
sble Of danger In that pontot vie tho questions
the kicks blows in the rigging material The
Judge then examined the evidence what took place
in the rigging ana concluded by sayng:f you are not
satisfied that there either actual malice the de
ceased on the part Of the respondent or
structive malice arising from brutal temper AMI
d,sposon as have before stated still if the circum
Of show that this gross haaressness
want Of due caution and reasonable exercise OF authority
the part OF the accused and that he ought to have
known that Humphreys the deceased) unfit TO 60
down in the he did, and that there probable
and immediate danger to his life in doing then,
wthstandpg the absence OF such malice the offence
least mansaughter. While is the duty Of
and carefully TO scrunize the testimony and
is convicted on insacen. unsatisfactory evidences
is equally their duty 20 faithfully aud feariessly appy
the Law 10 the evidence, ana not from any false symps
dread Of the consequences Of their verdict permit
| guilty 70 escape the punishment which s Justly
| by the law awarded TO their crime me change
OF the brutal and inhuman treatment OF the common
sailors by some OF the officers OF mercantile ma
rine has OF late become cannon to gain for them
unenviable notoriety and public policy, we'll az com
mon justice and humanity requires from all engaged IN
the administration OF the laws strict vgtancs over tn
Class Of both for the protection OF the Innocent
and aggevcd, and for the punishment OF the guilty The
masters and officers OF ships veil their crews, had
rights and duties which cannot be violated by either
party with impunity The officers have right require
of the prompt and ready performance Of tuty and
an hsbtuai obedience 70 reasonable commands at all
times. The sae Of the ship and the OF We vo
age essentially depend Upon the due enforcement OF th
right II obedience does not fol or may be enforced
by punishment But 10 the language of OF the mos
learned and upright judges that upon the Aer
can bench, the late Judge Story
"Ths authority IS not unlimited, is It to be exer
cfsed in cruel or reveneefu Too law does no.
permit IN officer 10 revenge ntc, cruel or 10
necessary punishment; allows either in the
mode or The motive the objects OF the punishment
supPoees the exercise Of the authority ooy whore IL IS
for saluaTy purposes, when arises from personal
prejudice caprice dislike, from gross and vind,rv
passionsLr
Tnis sensible legal and just and 1t will DO your duty
to apply % the circumstances Of this al. ret1l
such 4 verdict as you think tie cvitencs resrres.
The jury retired u about three O'clock oa ID, having
agreed as iato hour, Cor. adjourned I'll ces
o'clock Tuesday morning.