The New York herald., 1866-09-19
THE CAPTURE or THE cHsAsApEsKf.


THE CAPTURE OF THE CHsAsAPEsKE.
The First Days Proccediugs in the Trial Of
John &. Braine Before United stafes Conn
missioner Charles w. Newton. Mt Brooklyn
YcsterdRy--The Testimony for tho Prosecn-
tion C0mplcted-Au Adjournment for TWEEN
~ Days.
Captain John c. Brsne, formerly an alleged Confed-
crate officer, yesterday arraigned before United
States Commissioner Charles W. Newton the serious
charge Of having along with fourteen sccomplces cap
tured the steamer Chesapeake the 9th OF December
1885, while It's way 70 Portland from this port and
with having killed Of the and wounded several
others In their efforts to accomplish this purpose
Tho accused was represented by W. D. Craft and A.
Lathrop as counsel and District Attorney Sman rep
resented the government
The trial was commenced yesterday morning, whom
W. D. Craft COUNSEL requested more time 70 enable
him got such proofs necessary to place the de-
fence before the Commissioner Some Of these proofs
documentary aud personal, and were In Now
Brunswck st. Johns, savappah and at Washington, and
some perhaps In Richmond. The grounds taken 70 rem
der these proofs necessary were that while on board the
Chesapeake the accused acted under the orders Of his
superior officers, he being Lieutenant In tho Confeder-
ate navy, duly commissioned such. The war having
ceased this aot would be exempted from penalty. Some
OF his associates had been arrested and tried the
charge at New Brunswick and wsre discharged Il was
claimed also that this came under the Amnesty
proclamation OF Dece0ber g. 1888, aud President John
sons proclamation Of 1885, For these reasons be asked
adjournment.
District Attorney Silliman remarked that he would
agree to any reasonable length Of time to permit the
accused to present any legal ground OF defence but
tended that the authority Of the socalled Confederate
States had never been recognized, and that he was
Of law ruling Of . court which made crimes
pcrpetraied under commission from the socalled Con-
federate government different in character from what
they would DO without that commission. In the Of
tho Savannah prvateer lifted out openly in Charleston.
Judge Nelson OF the Circuit Court, decided that
political question: and that the government not having
recognized the legality authority Of the socaed Con-
federate government, such crimes were not shielded
beyond those committed under ordinary circumstances
The jury disagreed and the has not
further brought to trial. The evidence II produced
could not effect the decision Of the The facts Of
the trial OF those in New Brunswick not sufficiently
known to form the basis Of clear judgment on it's
inertia Whether not the amnesty proclamations
covered the for posponenent Of the
case.
ground that where national questions involved the
ampest scope OF evidence and frees discussion should
precede decision. He would express no opinion at
present.
After some further discussion it was decided 70 pro-
ceed with the examination Of witnesses for the prosecu
tion with the understanding that adjournment shovld
then DO permitted.
James Johnston, being called as . witness for the pro-
and am an enrneer ~ attached - ,he Arsdre nov "
lying ct the foot Of Montague street; she to Gal
veeton Texas my occupation N December, 1885, was
that Of an engineer on the Chesapeake she steamer
Portland, regular line vessel her captain was Captain
1S83 about the 6th the afternoon saturday
saw the prisoner on board on that day; there were
other PASSENGERS on board he came on board as pas
they captured tho vessel on Monday morning. when
first became aware Of the occurrence was In my room
which was right aban the engine room; was asleep;
tho report of pistols me; then out deck
and found tho second engineer Oron Schaefor deck
m up but found he was dead; then went below into
engine room 10 get assistance and shot myself
while there uan stood in the gangway near the engine
room and fired at me was struck on the chin crossed
the engine then and found the mate coming out OF
the cabin he told me he was wounded he had -ecsiv.
oo. 'To 0 one went ths M s1 into hS xo
through the dumb.water, the upper
dsct and sad e there for sSms time trying % get on
rounded. While we were there saw some Of the par
Ties and the prisoner was one the upper deck taking
engineer overheard them have hold Of schaeners
body Braine was could not tell who the others
were Al the time was in this kitchen abou. half an
hour This was between twelve and three O'Clock on
Monday morning December 7th From the 6ring Of the
ss, shot until. the throwing Of the body overheard was
any timspece and could not tell They took me 10 my
room and let me dress myself after taken out Of
the kitcnen. ] don't know who did this These men
oil armed with revolvers There fourteen
nfteen Of them. believe all told They board
board They came a. pasaengcrs. took shem 10 be
passengers. ] remained In my room while put my
cic,hs. on Then ven. from there to the cabin wss
found Captain wilus In irons, Mr. Henderson, second
mate and Mr.. johnson. the mate. and also found the
several Of the pirates. GAughterl We had three
or from other passengers Captain wiIts was the only
did not have 70 iron him; was ordered back 70 shs
engine room BY Lieutenant Brane 10 n the ship
safe he ordered me 70 run the ship A. there were
other engineers there; the engine all alone; when
went there they had carried my osr into the engine
room In double irons to work the engine; stad there
the cabin went back TO get my wound dressed there
was man named Parr among them, who acted a.
then 10 so ~ sg r.
drecions he told me would have TO the ship that
they had no engineer Braine took command and gave
the ordsr continued 10 the engine mp the time
she recapured; remained thers the engine room
after that; II was after daylight Monday when went
TO the engine room; OF these kept guard In the
enCao room, and did not see what being done
deck; thoy were armed; the prisoner came Into the
snsns room several times be gave orders to his men
there on Tuesday; think II was IN the day time we
came TO anchor there; small boat ashore from
there until the boat back and then got under weigh
again started the engine again by Braines orders;
the boat had been gone about hour or two We got
under weigh again In the latter part Of the day
and went towards 81 Johns Now Brunswick; we reached
there and found pilot boat lying on there waiting for
u.s. this was Tuesday evening; got Capt Parker FROM
that pilot boat we took her In tow and they put Capt
wiIlIts and the rest Of the crew. except the hremeu
and the that belonged the engine on board tho
pilot boat they sent ashore; they landed AZ ST
Johns believe; the passengers board the pilot
boat ALSO anchored and then shipped for 81 Johns
harbor Partridge Island that In the night about
six or seven o'clock Of the day that an
chored at Grand Mcnan; got under weigh that night
and wont 10 place called Sheibmne Nova Scotia and
arrived there after dark the following day. think
We laid there day and night got little coal there
and WOOD and they found some Of their friends