New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-03
MURDER ON THE HIGH SEAS
Before United States CommissiOner
Urban

United States VS.. W. C. Frazer, principal,
L. Duncan and j. L. sprague, aiders and
abettors.-The defendants are charged with
numbering James Whitley on the ship
Francis Marion, On the twenty,fifth of De-
cember last.
The examination OF witnesses in this case
was resumed before United States Commits
sioner D. Urban last evening.
John Murphy, sworn for the prosecution,
says-1 was a mariner on board the ship
Francis Marion on her last trip to Liverpool; /;
there was man on board who went by the
name of Tom; 1 believe his name was James
Whitley: did not know him before that trip;
the vessel was at sea on Christ
mas morning; Dir. Fraser was first
mate; 1 saw this man Tom on
Christmas morning, about four o'clock;
at which time came on'board with him; he
seemed to be well; | remained on deck till
eight o'clock; Tom got into difficulty that
morning; at six o'clock he was ordered to
turn to by the second mate, Mr.. Sprague;
he refused to turn to; mean by turning TO,
to go to work; Mr. Sprsgue went aft and
called the mate; at that time | went to the
wheel: | heard no more until / saw Mr..
Fraser strike the man Tom: he struck him
on the head with a capstan bar; the man
carried aft; he was picked up and carried
aft by the second mate. Mr.. Sprague, and
John BUrin, seaman; l don't know that he
was handcutfeG at the time; he was carried
aft and put in the port gangway; l could
not see that he was helpless when carried
aft: he made no resistance; I never saw him
afterward: the LeXt morning, when he was
buried, L was at the wheel: | last seen Mr..
Fraser in the Princes Dock, when the ship
was there; the vessel had been in the dock
some three hours when | last seen Dir.
Fraser; have never seen him since: don't
know where he is; was not taken before
the American Consul about this matter; l
knew man on board named Lewis, and
never saw him before that trip; there was
no other disturbance on board the ship du-
ring that trip; everything WAS quiet as far
as can remember; Mr. Sprague and one of
the seamen was present when Tom was
struck by Captain Fraser; am not positive
that Captain Duncan WAS not on deck; don't
know If Captain Duncan was informed of
this trouble that morning: Captain Duncan
came on deck afterWard; | was aft at the
wheel when the difficulty took place; it took
place forward; | did not see Tom have any
thing raised il his hand at the time lie was
struck by Mr.. Fraser; saw Mr.. Fraser more
plainly than | saw Tom; at the time Tom
was buried the mainyard was backed;
STAYED at the wheel and was told by the
sailors they were bGrying him.
To question by the CommissiOner-Ther
was nothing between lie and Fraser and
Tom that would prevent me from seeing
them; if Tom had had Delaying pin in his
hand / could not have seen it; at some
times ] could see them and at others not,
becau3e sometimes Mr. Fraser Was between
me, and Tom, and this obstructed my view;
Mr. Fraser spoke FIVE or ten minutes to Tom
before striking him; just as Tom was struck
he came out toward Mr.. Fraser, but
whether to strike or not can't say.
Nir. Fraser offered the log-book Of the yes.
sci in evidence.
The case was then continued until this
evening at five O'Clock.