New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-19
THE OYSTER-SLOOP MURDERS.
TRIAL OF HICKS-PIFTH DAY.

The United States Circuit Court was again opened
Yesterday morning to proceed with the trial Of Hicks
for the murder of Captain Burr aud the Watts boys, on
the oyster sloop f. A. johnson. The court room was
thronged with spectators The only remaining witness
for the prosecution Captain Nickerson, whose testi-
mony is expected to settle the question Of the jursdc-
ton of the Court was still absent. But the leading
counsel for the prisoner, Mr. Graves, was also abb
sent Mr. Sayles his associate, said that Mr.. Graves
had got up the case and had the brief with him, and
lie Mr. Sayes) could not go on with it. He, there
fore, asked for an adjournment.
Judge Smalley charitably minated that Mr.. Graves
might have met with some accident aud adjourned the
court until noon.
The prisoner wac then handcufed and taken down
stairs into the Marshas Office, where he was watched
by Mr. De Angels, and two or three others armed
with revovers II has been minated that the prisoner
would if he is allowed opportunity, commit suicide.
At noon the Court reassembled, District Attorney
Roosevelt being presents Mr. Graves was still absent
Mr. Sayes, his associate stated that he expected him
in five or ten minutes After waiting ten minutes
Mr. Sayles, without formal opening, called Commits
sioner White, before whom the preliminary examine
ton was made, to show some discrepancies between
the testimony OF Capt Downs before him and before
the Court.
Mr.. White however could not be certain that mark
made on the chart made by Capt. Downs on his
frst examination It's position quite difierentfrom
that subsequently made before the Court.
Mr.. Graves now came in.
Capt Barns of Keyport-I gave Capt. Burr 800 in
quarter. and halves March Isl have known CsYt Burr two
The filed the bag nearly half full common shot bag will
Mr. Sayles proceeded TO detail the Circumstances Of
the excitement which followed upon oDmmission of
these murders. He suggested that might have been
committed by river pirates driven from their usual
- \ Al II. I. l..
also have committed the similar murder on board
other Joop on the came night. In cases Of admiralty,
this Court had special and limited jurisdiction, derived
from laws of Congress passed under the Constitution OF
our country, which gives power to define ana punish
felony and piracy the high This Court there
FORE had so much power, and more. 1t had no
cOmmon-law jurisdiction. He proceeded to read au-
thores, endeavoring 10 show that the spot on which
this murder was committed was In Queens County,
and not on the high He claimed that Congress
bad no power to define and punish piracy committed
within the jurisdiction of the States. proper ndct-
men allege that the crime was committed on the
high
The Court stated that this was not the proper place
10 rase this question; it could be raised demurrer
or by motion for arrest of judgment, after verdict.
Mr.. Sayles then turned bis attention to the aver
ments of the indictment, and proceeded TO clam that
TIE E. A. johnson had never been shown to be on the
high seas; that she had always been within Queens
County The prisoner had been identified by large
number of persons, but such Of identification
where witnesses had previous acquaintance with
the person were common, and frequently shown to be
mistakes. lie bad recently had several remarkable
cases of this. had not been proven that any crime
had been committed by him. The s'oop was manned
by two powerful men, weighing $50 to 1870 pounds and
another weighing 100 pounds. These men had disap-
peared. Ii was next to impossible that the prisoner
could have murdered all these without receiving
40 much scratch upon his body. Ii could not
be. This act must have been done by more than one
party; the doubt at any rate, would be great to
induce aequitta
The Court took IA recess
Mr.. Hunt, in reply, merely read few authorities
in support of the Jurisdiction OF the United States over
the Lower Bay.
Mr.. Graves followed reading the wel-known case
Of the Bournes, who in Vermont, confessed 70 Tue
crime Of murder, but were aerward proved iihoeen''
The evidence against Hicks entirely circutnsth'
tia and OF such character as 10 be very ul'erii.
He adyerted to the identification of Ada Richardson as
an instance Of the ease with which people swear W
identity in cases of crime. He was Proctc9ins !"
argue that the United States Court had no non
The Court nierposed with stabeDien' vi '"o '""'
and tie point was dropped. ..o.;o
had proved that Capt. Burr received so IN sNer anu
gold and because $50 was found on the prisoner tney
accused him of the murder. now eoui9 ''I Is Client
foNod That be exchanged $50 with Mr. James,
iut he was not Staten Island lie did come IN
from Fall River, and hired this boy 10 take ms luggage
nm 70 Cedar street. lie never was on board OF the
slpon f. A. johnson, and he never knew Caps Burr
The mott astonishing thing about this prosecution was
the charge that this one man should XIII theHe three
ne, powerful as thew were and not receive q single
serateh. There must have been aterribe struggle;
blood was spatered on the ceiling blood everywhere,
but no blood on him; 10 mark Of violence upon his
person.
Mr.. Hunt stated that the only questions of law upon
which there had been any question had been ruled
upon by the Court and be had nothing to say.
Mr.. Dwight summed up the evidence for the Gov
eminent. lie rad that he had hoped that there might
have been some chance of the innocence Of the prison.
er found in the course OF the trial. But he had been
disappointed. Nothing which had been asserted by
any Of the witnesses had been con,radcted. No at
tempt had been made to break any one link in the
chain of eydcQce. The defence would have the Jurv