The New York herald., 1862-12-04
The Alleged Murder ON Board the Robert
L. Lane-C0mmittalO or she Accused.

Before Commissioner Henry.
TESTIMONY FOR THE pEFEsCE.
George Lambert, called and examined BY Mr.. Dunphy-
was passenger board the Robert L. Lane on the
1st Of November last: know the defendant and tb~
tain; on that morning was betweo ..,s .ho,, e,Oht
so'oex when Moore and Barn. csns down: Moore went
-. " Sss - - CAPTAIN TO know what he would do
aoore up, as was going 20 make breakfast TOT
my children; heard him ask the captain v tnere was
any body below show him what do the captain said
that the third below Moore turned round to so
away, and the captain followed him with club 10 his
hand struck him In the back Of the head aud the
second mate Oakley struck At Moore with club
and bit him on the head, and Moore fe and the
captain struck Moore whilst down the head; then
Moore tried to get up Barney then came up
from between decks Moore got up and Va ked forward;
observed that ne the head and bee ling pro-
fusey the blood streamed over his shirt; Barney
he had done that the captain turned round and
Ba ney stuck the knife into his side and he then put the
knife into his back the first mate then ran forward and
struck Barney the back OF the head with capstan
bar Barney fell he did the knife dropped out
Of hts hand deck the captain thea said, lam done
turning round and hitting Barney three timee on the
head with club the first mate told the captain let
him be- he had killed him; there passengers
beard the time besides the three mates and myself
did not passenger named Flanagan on deck:
him. after the affair over, come on deck TO assist
In carrying Bsrney away; after Baney's death they
Cross examined by the Assistant United States Attor-
ney about ards from Moore when he asked the
captain what he do think the sarboard the
Ice side, the vessel was not lying over much
John McNeic examined by Mr. lunphy-I was sailor
board remember the ofls November last
at eight O'Clock tho morning the rst mate sent Moore
and myself down to stow water; he sent Barney at;
Moore and werc standing at the stops
said 10 Moore that the captain wa ted 10 get him
TO beat him Moore sad 81 viii 60 deck and If any
officers coming down 10 n me what to do;'' when
Moore went deck heard the captain say Moore, do
refuse my orde Moore said "No cir will do any thing
you tell me !" and then heard Moore haoo ran up
deck and called Barney Moore ing on tho starboaid
side Of the ship senseless Car tam brycr when came
up ran eewarc and struck Moore twice on the head
when he down; Barney ran down to cewaru
ana stuck his kniIe into the captain twice, The
belly and in the back Moore then got up and
forward; when ParDey struck the first mate, Leonard,
struck Barney on the head with capstan bar Il knocked
him down. and he moved; the passengers
and Jim Ray nd ted rarney up and carried him to
the forecastc; he lived eight hours threw him
the sea when got up &, he was covered with
blood he had three bit ON the top
OF the head heard Moore when came deck gfoining;
he said OH OH the captain then struck him with hs
club twice; the conduct towards the
during the voyage very bad cruel and inhuman;
he IN the habit of beating his crew; he struck he
boatswain with his club and fractured his jwbone the
weather On this morning stormy tho ship was under
short sail
Cross examined by the United States Assistant District
AtorneyBalney said The captain is on the poop with
a club; he wants 10 beat out aud ! raid
e. any further" when / deck l
larney; Barney said there is something up on deck;
Barney came up In about minute after Ibid
the captain strike latsey while he down If he did
think would have it, there other sailors
deck but myself saw deck but George Ltmbet
the captain beat me one morning because did speak
loud he struck with his fist and knocked down.
was carried and Land The hatch; the captain then
jumped on me and pulled out his revolver and said "You
son OF bh, will shoot you.o
John. Lyons examined-I q sailor; remember the
morning Of the LIST OF November was at the wheel that
morning as went aft heard the captain call the chief
mate; heard the captain tell Mr. Leonard that Barney
hid given some back answers to Mr. Oakley then he said
"We must see Mr. Leonard, TO some Plan 70 get that
Antstp mad prnfu Il pF fhp Ea tat
must do it very quietly; we must either kl tr Grip
pie him. he then called Oakley and told him TO
be then said. "Mr Leonard you can call
patsey up, and as soon as 10 comes up strike
him' he then with ir. Leonard 10 the cabin, and
then called Oakley; he then called to the stcwara for
bis axe, and then cIsed him for the being sharp;
and brought out his pistol 70 tried TO fire on but
would not 60, aud he then said Gcd q mn the pistol;
will Kill him any way;' be then got large gnum vup
club from the steward; saw 10 more until heard the
groans deck In the meantime sent word 10 Patsoy
to take of himself asked one of the sailors
me, which he did; went forward and ratsey with
his skull broken then 20, iasey's kne; it had two
wrenches On the point and had little bood the han
die; the captain was in the habit Of beating his
Frank Baker called and examined by Mr. Dunrhy--I
a sailor board the Robert !. Lane the OF
November last after breakfast saw that there was some
disturbance aft and forward; Moore and the
captain standing eetber, the blood all streaming
ftom Moores head the captain had his hand Moores
shoulder at the same time Patsey tumbled from blow
Of the capstan bar On the head by tho mate when
nc fell there wns knife in his hand all covered with
from the captain saw Moore get up; he forward
and the captain tumblcd and struck Pasey twice the
ward assisted to dress his head; he died about five
minutes TO four O'Clock buried him the next day by
throwing him into the
Cross'examined by the United States District
Attorney-Whcn Moore ran forward he said,
.'My God, they have killed Patscy,' Moores
head all streaming with blood when
into the forecastle F.anagan passenger, said that
ought TO aft and pitch the damned rant overheard
Moore SILENT he said nothing that could hear; the
captain knocked Moore down; knife In Patseys
nand that is all the knife did not the Cap
tain bleed, but saw Pasey and Moore covered with
blood.
Robert Harvey examined by Thomas Dunphy--I was a
sailor on board this ship on tho lt Of November was be-
low according orders and at about eight clock heard
scuie deck, and went Up; sawlhe captain standing
over Pasey who was lying on deck covered with blosd
the captain struck nim twice the head the FIRST
standing with stan bar in his haDd he sad to
the captain THAT will do have killed him. as was
going up Moore passed me- there blood running down
the back Of his head Flanagan helped
Crosse1amned-- heard Moore say nothing; Moore, in
with said he was ssrry that ratsey
Patrick Rourke called and examined by Mr. Dunpny-
was q passenger board the Robert L. Lane on the
LIST Of November last knewsa passenger named Fanna
gan asked him If he knew anything in relation 10 the
occurrence o. the LIST oi November, he said ne knew
ceased rasey he occupied the next berth to he went
upon deck between eight and nine o'clock Of the
passengers haooed that Of the sailors dead Fan
nagan was dressing, and when dressed he went up;
went up immediately after: and saw raisey lying in
cores OF blood the deck did not Patsey taken
saw Fan nagan look at Patsey.
By the Commissioner-The first knew OF IL was hear
pg OF the passengers say that OF the saors
shot deck Flanagan deck dressed;
30 did l. do not fhnk there was minutes difference
between he and going deck Flanagan went up the
same ladder that did.
J.H. Dudley examinedI sailor on board did not
the knew Ashmead, sailor board at
the time Of the in the orecasio
getting his breakfast; was In the forecastle he could
not from there what took place; nearest the
door Baker Ashmead was sitting In forward; whilst here
Of the crew came forward and reported what had
taken place; satisfied that Ashmcnd was there all
the time, and from his position 1t impossible tor
him 70 any thing that occurred.
Tho Commissioner concluded to commit the prisoner 20
await the action OF the Grand Jury.
Mcssrs. Edwin James and Thomas Dunphy, prisoners
counsel have notified their intention bring up the pro-
cecdings cerorsr and TO have the prisoner dis
charged or bailed
MARRIAGES AND DEATHS.