The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-17
United states Circuit Court.
efore Hon. Judge smal,ey.

Before Hon Judge Srlaley.
TIE ALLEGED HOMICIDE OF SIX NESRoEs on
BOARD THE BARK ANNA.
FED l6-7hs United States rs. Edgar TatiIl Edmond
p. Lane and Gordon Hr-At the opening Of tho court
this morning Mr. James Ragway ono OF the counsel for
the prisoners moved that noe prosoqu be entered in
the prosecutions against the officers Of the bark Anna
Mr. james + Brady supported the motion. After hear
Ing Mr. VI. Van Buren, wlcoxson, tho Assistant United
States Attorney, In opposition, Judge Smsley stated
that upon the trial Of the against Hires the Court
thought the evidence insufficient to support verdict FOR
either murder manslaugher although the jury though.
differently, and convicted the prisoner of the minor
offence and upon the trial Of the prisoner Lane tho same
witnesses were examined and relied upon by the govern
ment in the Hiros case 70 wit-the steward, white
man, and OF the foremost hands coored man--ana
after hearing the Of those Witnesses in
the Lane case and the testimony for the defencewhh
iu and complete than in the Hires case-thc
Court became satisfied tina. the evidence for the prosocu
ton was much shaken "a not 20 entte u TO be relied
upon 70 justify conviction for any offence, but doubted
whether the Court had aay to order noe proseq9
without she consent Of The District Attorney.
Judge Roosevelt, the United States Attorney. thon
remarked that after the intima.!on from the Court X
not probable that conviction could procured from
m sna ne ~ tnss noe
Capt Tuthill and the chief mate Mr. Lane leaving the
question open for argument Monday morning A. to
the case OF Hires, the second mate, who had been
convicted.
The following ordor was then made in the MATERIAL
stated term of the Circuit Court Of the United States
FOR the southern district OF New York in the Second Cir
cult, held at the city Of New York, saturday the
10Th day of February 1861. Presentation. d. A. Small
ley, Justice.
The ynitd States rs. Edmund p. Lane. TIE Same u,
Edgar NJ TtahtR, umpeCdod vrrh Gordon Hirss--ii ap
pearng 10 the Court that upon the trial q Gordon Hre
the same witnesses for the prosecution examined
a. in the case OF the defendant Lane, and the
Court being satisfied that upon the testimony
in the OF Hires, wen as in tho case or
the defendant lane above named that the testimony OF
the witnesses for the had been far shaken
by the testimony offered by the defence and the cross
examination Of the witnesses for the prosecution that
the testimony offered by the government not entitled
u fun and implc credit and Of such obarac
ter as to justify conviction for either murder man
slaughter and the Jury the Of Lane having failed
to agree upon verdict and being proven TO the Court
that eight Of the jury In that for ac9ut,a and
four for conviction Of mansaughtor and on motion of
the Hon james Roosevelt, United States Attorney Il
u ordered that nolc puseaui he entered upon tho n.
dictments against the above cd Edmund T. Lane ana
Edgar NJ Tth, and that they be discharged from cus
tody, unless there are other proceedings against thom
" A. SMAfIEY, Judge.
The District Attorney coming IN after the making OF
the above order and stating that there were no other
proceedings against the Defendants, the Marshal dig
charged them TIE DEFENDANTS friends gathered around
them and offered them hearty congratulations for their
escape from the foul conspiracy which had for 50 many
months inperiiled their lives.