The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-09
UNITED STATES COMMISSIONERS COURT.
Alleged DIutiny ON Board the Steamer Guild
ing Star.

UNITED STATES COMMISSIONERS COURT.
Alleged Mutiny ON Board the Steamer Guild
ing Star.
Before Commissioner Belts.
Thomas Mccarthy seaman who had been employed
board tho steamer Guiding STAR which plies between
New York and Rio Janeiro charged by William
Berry the captain. with having conducted himself mutt
nously while OF Pernambuco, the 9Th Of November
last.
Mr. Joseph Bell United States District Attorney, APP
peared for the government and Mr. J. White for tina
EXAMINATION or WILLIAM BERRY
William Berry, the captain, sworn end examined BY
MT Bell know the defendants be was seaman on my
ship her last voyage; we ls Nav vo,r on the 2oth,
September, and arrived esck again on the a0th q
Sovs.Sss HAD slrsuity With l the dsisndsDs Off
aboard from Pernsouco IN boat SSssnaSOt was one
Of the boats crsw he was intoxicated; ordered him
to the upper became abusive and refused re-
NAM tneS ,rdered him 70 bo placed in irons; he Is-
wen. to A. he took me BY The throat ana st.smpi
tedso stanOhion forward Of the pilot house; We got
nsuass swearing 10 would have my % ana Ss
mates ALSO about seven O'Clock in the evening a. he
not dS s he &c and
ant from kicking the mate tied bin legs 70 capsan
bar and as he refused to stop his aboss small
fined him in fine weather % deck, ana Ia
bad weather I kept him in loom below the pilot,
house; he continued TO be abusive until the 18TH he
then became penitent and said he knew he wrong
IN what he had done; said, why did you not tell me
did not withdraw the charge against him kept the gag
~ his month from seven TN eleven O'Clock tn the
crossexaG,ncd-I lad been, before went on board,
ct my agents at Penambuco; the defendant a the
boat, at the wharf; went board shout hafpast
Twelve; defendant was put in irons about one O'clock
We put handouts him; put another pair Of irons
him at the smokestack guy, on the upper deck; he
stanchion II about three -four o'clock when
MIN 70 the stanchion defendant rowed the boat after
boat; do not know the names Of TT the other
mem do not know the name Of Mccarthy until after
ns The next day released him from the
that he attempted this assault you with the knife
A. When a, we were trying to pu. the irons on him
did not see the first Of the biting kicking tho mates
but was called out Of my room to II; did
| nor do frequent drinking places.
George G. Fletcher, first mate Of the Guiding Star,
defendant irons he attempted draw his knife,
witness dared him TO do H.; defendant did then
draw the Knife subsequently witness took the knife
Mr.. White stated that his defence would be tina, no
assault whatever was committed on the captain.
The further hearing of the adjourned till
Wednesday.
Woman Charged with FrauduIently Draw
ing Pension.
be'ore commissioner osborn.
A woman named Johannah Fitzgerald otherwise Con
molly, was charged with having illegally pension
to which she had been entitled the widow Of Edward
Ftzgerald, soldier, who killed q. the battle Of
Fair Oaks and which pension she alleged TO have for
feitcd by her marriage with one Hugh Connolly.
Mr.. Bell appeared for the prosecution The defendant
was not represented by any counsel.
Christopher Fitzgerald mi know tho defendant
reside at 92n Laurens street; knew Edward Fitzger-
aid he was my brother he was the former husband OF
the 3lst Of May 1862 the defendant resided in the
ciyof New York, and have known OF her whereabouts
with the exception Of four months that she had I'M
derstand been service: know Hugh Connolly;
the defendant and Hugh Connolly stopped in my house
about three months ago, and they both acknowledged
that they we're lawfully married; in June last she
stopped in my house with Hugh Connolly; they occu-
pied the same apartment and the same bed; they lived
at NO o. Prince street for about three MONTHS have
visited them there two occasions after they left my
place; my visits about her five children Of whom
my brother was the father do not know where Hugh
Connolly 10; the defendant has lived at No 1876 Mulberry
street have heard the defendant say she married
was married in New Jersey have heard defendant and
Connolly introduce themselves TO friends on several
occasions as husband and wife Eft t
Mr. Bell said the law that Il q widow in receipt OF
pension married again, the pension should 80 70 the
The DEFENDANT then made ! s,semant q ths srsc,
that though she had lived with Connolly she not
married TO him. She lived with HIM he had supported
been much put about
Two other witnesses, . young man named Fitzgerald
NnrbtOpuef
posed that the defendant had held herself out 70 them
and TO other friends the wife of Richard Connolly
This was the case for the prosecution.
The Commissioner said the question hung wholly upon
the marriage Of defendent with Connolly According TO
the testimony she did hold herself out public AZ
Connolys wife but before he could commit her on this
criminal charge he have evidence besides the
woman's own admissions. He would recommend Mr.
Bell TO have the woman's pension handed TO the
children.
Dcfendant-I am willing that II should 20 10 the
children.
Commissioner The defendan. is discharged.
Mr. Bell said he would write the Pension Agent on
the subject