The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-29
UNITED STATES COMMISSIONERS COURT.
Important Extrndition Case-Chnrgc Of Mar
der the High seas.

Important Extrndition Case-Chnrgc Of Mar.
der the High seas.
Before Commissioned Osborn.
Tho extradton case OF Frank Sullivan seaman,
charged with killing Eban L. Foot, first mate of the
British bark Maria up for hearing yesterday
,ng before Commissioner Osborn.
Mr.. L. NJ. Archibald, British Consul with his counsel
Mr.. +. +. MaFbury, appeared in court demand the
sxraditon OF the prisoner in accordance with the
OF the treaty with Great Britain, and Mr. John NJ.
Staples defended tho prisoner.
Mr. Archibald ceposed tnat he had knowledge OF tho
British shipping coming to this port He produced the
register o. inc bark Mars, and Il admitted that she
was a BRUSH vessel
TESTIMONY roR THE PROSECUTION.
The facts IN relation 10 the circumstances OF tho al.
legged murder are related as follows In the testimony o.
Genrgs brimner the second mate Of the Maria, which
halls from Yarmouth Nova Scotia:-I was tho saysl
Q cond mate her lato voyage to New York from
Newport, Wales know tho prisoner, Frank Sullivan,
aud have known him 1--WE or ak months while on
board Of the bark BIO my watch: on Thursday
the 10th day Of scptember, 1907, the bark the
high seas out OF sight OF land knew Eban l. Foot
the nrst mate OF the bark Maria; the date already
named Sullivan was Deck bat II his watch
he was on deck a. work, getting the ship Strengthened
mp before coming 10 port had few words OF converse
non With him that afternoon deck saw Sullivan and
deck the 9Th OF September last nj twelve
O'Clock, noon; they had some words and Foot struck
Sullivan with mis- nst ip tho right eye; after the maze
the mate with sheath knife In the right breast some.
where about the second RIB N between two ribs /;
no then drew his knife ont and drew tho
first cut then caught Sullivan by the left wrist as he
mado the third cut which cut the mates pants and
shirt, but not his skin; / then sung out TO the
mate sr Foot look out for tho knife had II into
you oncou and Just SAID the words the mate put IN
his hand 10 his side and said, 'Hold to hm feel
weak - the captain the poop ut the time sskins
the sun - he camo down md caught hold OF Sullivan
and asked him give up the knife Sullivan said No.
asked Sullivan 70 give UP the knife; be said 'No'
the captain said 'You had better give up the knc,'
and also told him TO: he said NO. had hold Of bis
wrist and the captain mad hold OF his arm with one hand
and the prisoner then let 70 OF the knife We bad TO
force him TO let tho knife the captain lcd the pr-
soncr aft, there Stood and was taking 10 him thcn
took the mate into his aud dressed the wound
had three four aboard Of her like me Ne would
mako good ship out OF herr" and In reply the captain
SAID. "f had there would be kicking and stabbing
and knocking down than there going on witness then
went in and saw the mate when he came cut again
saw Sullivan and said 10 him Crank, you ought 10 DO
ashamed Of yourself for cutting the mate in the way
you did; " Sullivan said, II calculated to III him when
your - died The morning ~ the 18th
Of October few days previous 10 which the prisoner
had bean put In rons the mate was buried ~ sea- the
witness then detailed the conversation which he
heard the prisoner aud the mate at tho time OF
the stabbng: he heard the mate say, Frank DO
you knew who chueked that barrel OF tar overheard
Sullivan said No, the mate said fyou do" Sullivan
said aNo don ~ the then replied ssyou are a
liar you do-that OF Eour threats; heard you
making threats and you did not think 1 heard; this
IN going q little too far and will put . stop
10 this work ~ Sullivan said, II have been sx-
pectina this for two three days. or . Tight,
and n IL 10 lighting you want you will get enough OF u
come on now; the quicker tho better" the mate
said, fd lust - lief Dghs you - any ons sss," and