The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-08

The Alleged Murders OF SIX Negroes on
Board the Bark Anna.
IArIrrn or ArRa CIRCUIT C0uRr
Before Hon. Judge Smalley.

Before Hon. Judge Smalley.
FB 6.-7he United States Gordon Hirca-The de-
fenc was opened this morning in an impressive speech
by Mr. James Rdgeway. He commenced by abiding to
the importance and responsibility Of the position occupied
BY the jury being empowered to Sit in judgment upon
the life Of fellow being, and to say whether that life
which God alsne give shall be taken away; that
while It was doubtless highly important to protect the
life OF the sailor from violence Of far higher i'm
portance that desire TO vndc the laws should not be
made the channel by which oyerturn legal pre-
symptoms OF innocence which the property
times the only safeguard Of the citizen TO protect him
in the enjoyment of the rights pledged and guaranteed
TO him by the constitution that around every accused
no matter how exalted how humble his condition OF
life might be. the law threw the sheering walls Of n
strong fortress Of and required that
the evidence should first destroy that fortress utterly
and leave the prisoner naked and alone without protec
ton, before another edce be reared in it's stead
representing presumption Of guilt.
Said the counse-This is but another one or the mauy
instances on record where the community has been
shocked by the recital Of atrocities which, upon nves
CATION have proved to be wholly groundess Some or
you may remember the trial before this Court during
the District Attorneyshp Of the late Ogden Hoffman Of
Captain Shrever and his mate Mr. Harding OF the shin
Mary stuart That case, in its general features bore
close analogy 70 the one on trial There here the de-
upon story made up by the but upon the trial.
although ten Of the crew testified for the government
the jury rendered an acqutal without any witnesses
being called for the defence The story though well got
up, not believed You may also remember that re-
Gently yourg lady committed suicide and the commu-
nifty was Mortified TO learn that the suicide took that
method to escape from al attempt the part Of her
father to compel her to lead life of prostitution
Plausible as that story, II has since turned out
to be sheer fabrication. He remarked upon the i'm
probability Of the story told by the wnesses-that
two young men, one only twenty two, and tho
other twenty-five years OF age, should make perfect
slaughter house Of the vessel killing one man on the
passage TO laguna and five more from Laguna to Eng
land yet neither OF the witnesses was ever beaten or
III treated in any manner To credit such story the
away the very they had Of navigating the barc
into port, and at time when their chances of ever
reaching shore were exceedingly desperate
Counsel said they would show that on the arrival or
the vesse III an fngilsh harbor, no complaint made
to the British authorities or American Consul that
OF brutal and shocking murders had been committed at
sea- that no complaint made until the lapse nearly
week, although the men ashore frequently, and
during the interval could have made the complaint under
the protection if be- Of Great Britain and besides
that while on board their vessel they in daily
and almost hourly communication with the American
Consul and British officials with full opportunity make
known any violation of law.
Reference made to the consciousness OF inno
cence on the part of the two mates who instead Of avoid
ing arrest remained on board the vessel week in port
arrest though informed of the charge Of murder
in ample time to make good their escape that they chose
boldly confront accusers that after four DAYS in
carcerat' in British prison they liberated the
ground OF want Of Jurisdiction returned their vessel
and remained there at liberty another week until the
Consul caused their final arrest preparatory to sending
them home for trial.
Counsel in closing, hoped that the jury would keep
themselves clear from the influence Of that souess mon
sterthe government-whch in its efforts to centralza
and display power draws to its destructive embrace tho
high and the low, the rich and the poor alike cruelty
wrtckng the hopes Of mny ornament to society and
oftenmes dragging innocent to perdton n its resist
less grasp but If 1t DC proved TO the satisfaction
Of the jury, and beyond all reasonable doubt the
prisoner was guilty Of the awful crime Of premedtated
murder then restrain not the sword of Justice from de-
scending upon his head IT. however, the charge laid in
the indictment should not be made out clearly and con-
cusvey beyond all reasonable doubt then he charged
Them by the duty they owed to themselves their coun
try and their God to declare upon their oahs that the
low being
After reading the dispositions Of the Deputy Consul
Marine surveyor and Health Officer who testded that
they were on board the bark on her arrival In England
and frequently during that week prior complaint
Tor murder being made that every opportunity af
violation Of law, and that they complained them
OF any.
Edmund p lane was placed upon the stand who testi-
fed that he first mate Of the Anna that no was sick
throughout the whole passage and of duty more than
from about the latter part Of November when the YES
sci suffered great stress Of weather, and was short
handed from having lost several men by sickness and
falling from the yard deck that he the deceased
John Tutte In the water in the lee scuppers the time
in question: and ordered Thomas and Rock carry him
in the forcastle that futile drunk that HIRES
the second mate was not deck that the same night
futile died and 1t blew more like hurricane than an
ordinary gale OF wind flooding the castle two or
three feet deep, where Tute lay his bunk that Hires
had no boots on during the voyage, testified to by
K0Seman ana In0mas, that a few arrival
England, and before the complaint for murder was made
Roseman asked him If the Captain would pay the men
OIL there that he referred him to the Captain and
present when Roseman and Thomas went the Captain
and demanded their discharge, and stated that If they
could not get by fair means they would by FOUL that
when he told Tuo was dead he went into the fore
castle, found the body stripped naked and with no
wound or bruise on IL except the side Of his face
having understood that he found dead the floor
under the bunk that the witness heard the complaint
against him and the second mate three days their
arrest and that after their discharge by the British
hoy Ennrt
eleven days before the Consul their arrest pre-
paIatory TO sending them home for trial.
Edgar NJ. Tuthill master Of the bark Anna was next
called, and testified that John futile had been complain
ing ever since he came on beard the vessel and had tho
anger upon the flesh the dent would remain after re-
moving the finger and the body pretty much covered
with purpsh spots; that after Tuttle taken OF
the water in the lee scuppers where he had fallen and
carried to the orecaste witness went there endea
vored TO get him to take medicine the man was
sick and insepsibe that he could the medi-
cine there then bruises his and no blood
except little at the OF his mouth from his Sores
and that the witness the foccaste two or three
times that afternoon TO how rute was; that Hires
did not have or wear pair OF boots during the
that Roseman and Thomas had both demanded their pay
and discharge on Friday after arrival and my telling
them they we were not In port Of discharge and they
must to the United States according the articles
they threatened to get their pay and discharge anyhow
either by fair foul MEANS that the were ar
rested until some time the following week that
the crew well treated during the whole voyage,
and them III treated were az well treated as
ever a treated the mates IN treat
the men, IN presence OF Roseman told the health off,
who boarded the vessel arrival In England that
two had fallen from the yards suiocated in the
scuppers and others died from Sickness and he said
thing 70 gainsay my statement.
Dr. Thomas Ritter testified that the symptoms under
which futile and others said to be suffering
those of scurvy.
Miles Adams testiicd-Had two men with scurvy, who
at sea died suddenly of IL.
Lester Darling, being sworn, said he was master Of
vessel remember a voyage from New York 70 the Sand
witch Islands when we lost three men OF scurvy; they
able TO walk around just before they died; they
had them swollen about the legs and bowels
sores bcd: press your finger on them and the dent
would remain two Of those men dropped dead IN their
tracks the deck
large number OF witnesses testified 10 the good cha
racer Of the defendant and two testified TO Thomas,
say ing that he would shove Hires far az he could
The summed up by Mr. Brady for the defence
in a speech Of great power who followed by Mr..
Wilcoxson FOR tho government.
After the charge q the Court the jury retired 70 their
ana returned In three quarters of hour with
verdict Of equity Of manslaughtcr.v