The New York herald., 1862-07-20
United States Circuit Court.
Before Judge Shipman.


July 17-The Cnitei SidteSrs. Eerl,aaado D,pnrchi-
Indicted for murder the high seas Of Frank Vincent
tho 7th day Of July, 1861 board the American shi
Blondel by stabbing bin with knife. The prisoner is
light built young ABOUT tw nty two years OF age
rather below the medium stature s subject of the
Emperor Of AUSTRIA and by the desire OF the Consu or
that government, Mr. Edwn James appeared for his
defence T. y. Smith, United States District Attorney
and Mr. Andrews for the prosecution.
jury was called and sworn without objection from
either counsel.
District Attorney Smith opened the case by reading
the section of the statute called the Crimes act or
which nficts ths punishment OF death murder on
the high and for manslanghter Imprisonment not
exceeding three years, and fine not exceeding 81 000
Tie counsel briefly related the facts which he cx
pected TO prove ON which would be for the jury say
what crime had been committed by the prisoner.
John j. ourre. OF Ne,woqryport, proved that no was
owners were American citizens.
Thomas Breeck, native OF Hamburg, aged twenty
1vs testified that be was one OF the of the Bonde
shipped in Baltimore in February, 1861 went to Roter.
dam and thence TO sutherland, England thence May
1851, to Singapore; witness knew of no difficulty be-
prisoner and deceased before the stabbng on the
9Th of July; witness, prisoner and deceased all sit
ting on the forecastls; the latter mcnding his
clothes, prisoner WAS cutting out ship with his kniie
and witness was cutting tobacco: IL about four
p NJ. witness and ano her sailor talking about
singing when prisoner (coox) said TO dec sased Frapk
you the best singer p Frank replied, 'sYou are got
ting rather saucy, as you are cumming with tho second
mate; but you had better shut up, for I'll take cheek
you good snger that deceased stood up on the
chest and took hold Of prisoners collar, the same
time, the later having his hand, up
and cut deceased in tho abdomen Tho witness explained
by reference to his ownperson the locality Of wound
To the JudgeSaw but blow but tho knife appeared
TO have been turned round In the wound before II was
withdrawn took the knife or the prisoner
hand aud he walked out Of forecaste: deceas ed
mover said word witness said he looked very pale
took hold Of him by the arm ths mate along and
asked whose blood II wasy Frank said 1T s mine
the mate took him att got the decca.s. lust
outside the orecasts door when he dropped down and
expired; the second mate called the witness 20 70
AFT and the captain handed out the irons which
put the prisoner, and he taken TO the between
decks aud made fast stanchion he began 10 swear
in language and the said II he wanted 90
he must do 1t in English; prisoner said ir that
man Is not dead, must kill him. fihe knife pro
duced aud identified by Witness. took hold OF the pr-
soners hand because he appeared he was going to
strike or cut with 1t again
By Mr.. James-Prisonsr said on board that hc waa
born in Trieste he shipped at Rotterdam and brought
the knife with him, aud always used it for all his work
Vincent said he born In France but was brought 70
the States when small boy; before tho trouble in the
forecaste there some singing outside which gave
rise to the talk about which was the best singer Vincent
was middle aged man, and much more powerful than
q Did no. that take this boy by the hair Of his
head9 A. IL is possible lie might, but did not notice.
O. Did he not take the boy by the hair OF his head and
kick him in the faces A. cannot teh, although know
he might have dono IL.
his did not materially affect the facts given
the evidence in chief The defence will only 70 for
mitigation OF the sentence from death to Imprisonment
After a summing up from Mr.. Edwin James and from
the United states District Attorney the Judge charged
against the prisoner and In favor Of verdict Of guilty
The jury retired at twenty minutes 70 three and
minutes TO four came into court with verdict OF guilty
Mr. James gave notice Of his intention to move for
trial on the law and the facts The prisoner was
much Affected at the result.
July 1S.In reply to tho United states District Ator.
ney Judge Shipman said that circumstance which he
was liberty to make public would prevent the
Court from taking any other for trial this term
Counsel for prisoners charged with forgery urged
Their trial. but the Judge said there was public nses
sty for the postpOnemen With respect TO the verdict
rand tprpt prgy
had requested the attendance of the Jurors this
morning. and no happy 10 SEQ them in their seats
Ihs Jury had found the prisoner guilty OF murder but
recommended him to mercy The jurors must be aware
that there was alternative with the Courhs prison
OF must be sentenced TO death II the jurors desired the
recommendation TO sent to the Pros ident OF the United
States then the Court at proper time would be happy
TO second the alton of the jury. The Court
fully appreciated all the difficulties which the ury must
have encountered in finding y0rdict Of gUity and
thereby discriminating the nice shades Of distinction
between the crimes OF murder and manss agbter FOR