The New York herald., 1862-02-27
THE SLAVE CASES.

THE SLAVE CASES.
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Charge OF Murder On the High Seas.
UNITED STATES CIRCUIT COURT.
Before Hon. yudgs shipman.
Fn. @.-Tne Of Nathaniel Mllstt, charged with
manssughtsr tho high seas which he pleaded net
guilty, was set down for next day.
The United States District Attorney, Mr. z Ds'ahod
SMITH announced that In the Of winsow, charged
with the capital offence Of serving the slave trade the
government proposed 70 enter noe proseaui "a 70 The
capital charge and try him what called tho seven
| years penalty.
Mr. McKson said hs had been ready 70 defend this
who was indicted in June last but he desired TO
have time 70 look ~ the indictment before he advised hs
client 10 plead.
The case was adjourned tin Friday.
Mr.. Smith then wished II 10 be understood that he
withdrew hie offer 70 enter u nolle prosolui.
In the Of the United States against Haynes and
Booth, charged with dealing in the slave trade the Dis
trct Attorney iDtmaed that he proposed to try these
prisoners the seven years. penalty These
over until Friday Other prisoners were put forward
| and plead not guilty 70 several charges.
THE sHIR EsiE
After between the counaai "a the
Court, and In view Of tho fact of Captain Gorda wing
been executed for the osnce Judge Dean said ho
would advise David Hall and Warren mates of the Eric
to liead guilty TO vol ntarily serving on board.
Hall pleaded guilty, but Warren desired some time be-
fore he entered his plea.
In TO the Court exJudge Dean said that he be-
lieved these men wholly without means Captain
| were exhausted in paying for his own board and the
board of these two mates He Judge rean) took the
some OF the public papers that there wealthy par
ties aiding these slave dealers with funds. Snc, the
vc,ion Of Gordon he (coanse had not received cent
and had betrayed his own expenses on his various visits
| 70 Washington.
The District Attorney expressed himself satisfied that
| these men were unable 10 pay any fine.
Shpmln
these men hero In 1880 They indicted by the 29th
october which perhaps as soon as could be
their arrival in this country The trial has been delayed
until the present term Very obvious reasons, as can
have operated upon the government to delay the
trial Of these men. They have delayed 1t without any
fault OF the themselves; they entitled trial
At that tme and the duty Of the government to
require its postponement. The government has p
poned 1t from that time down to the present time In
tried, convicted and executed Now the government
having Withdrawn the indictment for the capital offence,
and 70 the minor charge the prisoners having entered
plea Of guilty thereby saving the government the
pense and labor Of trial, do not fee under these
circumstances. called upon BY any Of justice
fict upon these men any more than punishment
which will render their term Of imprisonment since
their indictment equal W two years. the limit
fixed by the statute As to the fine inasmuch as the
District Attorney says, upon inquiry he entirely salts
fed that the men have no means to pay fine, do not
in the present features Of this case desire to fix no
which would have other tendency than to prolong
their labors at tho expense Of the government The
ence that you be imprisoned for nine months and pay
In the case of Warren, ex-Judge Dean sad that in
consulting with him, he could not advise him to plead
argument the point of his liability would submit
ted when the Court was ready to hear it.
The Judge ordered TO stand there
der trial set down srecialy for this day.
CHARGE OF MURDER ON THE HIGH SEAS.
TIE United States IS. Join RiIey.-rhsa prisoner is
charged with the murder Of H. Brown, a seaman, by
throwing him from the rigging The District Attorney,
in stat the for tha mid tho
American ship Marathon sailed from this port the 18th
Of January 1851 and the 10Th Of that month whist
the deceased the yard Of the vessel he
kicked by the prisoner and fell overheard. An entry
made in the ogbook that the deceased died acc
dent but the facts Of the having been made known
10 the United States Consul At Liverpool the prisoner
was sent home TO this country for trial
Mr.. Christopher Tyler, part owner OF the Marathon,
proved that she WAS an American vessel
Ascsman, named Stone, depcscd that on the 10th Of
January Of last year about half eight O'Clock tho
morning. all hands called out by the arst officer
shorten SAIL Riley stood just abafs the manmas and
were eleaving the mainsal Riley said, "Haul you -,
o. III sacrifice some Of you before night" a. soon
ths nrss ocsr TO claw up The mizz.n SAIL Brown and
witness were on the starboard side Of the ship;
they th'n proceeded to clew up the mizzsn
| port side: witness was with Brown the yard
at this time; while they were reeviDg Z bunt.
line the bsw out Of his hand; Brown then came
staudng on the DOT rope about three feet from the sling
ness was on hs deck between The ana
the mszsn mast at this time the prisoner stood the
s,a. Of the %,as:ns'ay having I'd o. the COLLAR Of
John Riley the prisoner kick the deceased three
four times his head and face deceased fell backward
gng and struck again the upper mizzen channel OF
the vessel and overheard no attempt was made
the vessel when they sung ou. "msn ovsrbosrdS .he
wind was rather and the SEA Was rather short the
captain made attempt to throw rope overheard
did not th IT. the deceased towards the vessel
with his ght hand and had his left hand Up to his
head the DO was not recovered the prisoner and CO.
ceased had any previous difficulty TIE Witness
knowledge; when deceased fell overheard Riley came
| down and went about doing his work usual.
Cross sexamned by Mr. james, thought that three or
four Of the could the occurrence John rilgo
John Smith AID James McGovcrn were the names they
went by; the first mate was near the manmast; the
ship going at the rate Of three four knots hour
the boat could have been lowered for the purpose
ing the man. did not say anything to the captain FIRST
mate any body else, about the occurrence
tho dock at Liverpool the 22d mentioned the occur
TO John smith the 23d ut dnner he not
speak Of it for fear Of his fe the 22d went ashore
with Smith, spoke TO policeman at the docks about the
the policeman took them TO the Consul Riley
arrested the same day the ship had been lying
oil in the river for i've days previous witness had mis-
understanding with Riley be.ore tho occurrence Riley
hid kicked him, eithcr the first or second day out.
John Smith also sa or On board tho Marathon cst-
Ned the main facts given above the
previous Witness he also stated that the said one
day during that passage that he supposed he would bs
hauled up whom be got to Liverpool and that he was
of getting i've yearshe would, however, clear out
Cross examned-fIad not said in Liverpool than
no said here, h, only answered what he was asked did
rscollect that he at Liverpool that the man
could be saved he might have said so had been with
Stone during the last months in the City Prison. and
had been told that he to receive dollar day
The District Attorney objected to any Comments re-
specns the testimony az 70 the ay Of witnesses for the
| government
Mr. James said that the bar where he had formerly
praetised, counsel always conducted themselves with
courtesy lie knew In this case except his client
and le he obi cd
The Court remarked that there was nothing Improper
| in the mode pursued by Mr.. James.
On crJssexamg alton by Mr. James the witness said
he was afraid TO tell the captain what had occurfe ed he
| was afraid his lie.
Mr. Spencer then opened the for the defence in an
eloquent address, which he submitted that tho fact
was that the deceased had fallen overheard by accident
and not through any act Of the accusedeyen by boat
ing. kicking him or throwing bin INTO the sea. 90
tile witnesses Stone and Smith, taken in England with
view TO show that therc several discrepancies