New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-29
CHARGE OF MURDER on THE HIGH SEAS.
KILLING OF JAMES WHITLEY.
Examination Before United States
Commissioner Urban.

United States vs. W. 0. Fraser, principal,
abettors. before United States
Commissioner l.. Urban, came up the exam
ination of the defendants, who were arrested
on the affidavit of P. S. Morgan, made On
the twenty. ninth Of March last, from infor-
nation received.
The affiant swesrs that on the twenty
fifth of December, 1869, on the high seas,
on board the American ship Frank
Marion, on a voyage from New Orleans to
Liverpool, one W. o. Fraser, being first mate
on said ship. did then and there kill and
wilfully murder one James Whitley, a mari
ner on board the sad vessel. Whereupon
affiant charges the said Fraser with willtul
and corrupt murder.
And further from information received,
affiant says that Samuel Duncan, master of
the ship, and John S. Sprague, the second
mate, did counsel and aid and abet said w.
o. Fraser in the commission Of said crime,
wherefore they are charged as aiders and
abettors Of the murder. They are further
charged with misprlson OF murder in failing
to give information of the fact.
The examination before the Commissioner
commenced at five O'Clock in the evening.
Charles Pennell, sworn for the prosecu-
tion-Says he was steward Of the ship on
her last trip, and was on board on Christ
mas day, when they were at sea; there was
day after Christmas he was brought on deck
dead: he was thrown overheard; on Christ
mas day witness came out on deck from the
cook.house, and saw the man Tom Whitley
with an iron Delaying pin in his hand, raised
in the attitude as If about to strike; he had
held the pin in this attitude for about five
minutes, saying that he would kill any SON.
of-a-b-h that would attempt to confine
him. then saw the mate with a capstan
bar in his hand, aud saw him strike
the man Tom over the head with it. As
soon as Tom was struck he did not exactly
fall, but eased himself down on the deck;
another man, named John, and Mr.. Sprague,
then caught the man by the arms and
helped him along aft; Tom seemed. when
being carried aft, as il he WAS weak in bis
legs; from what l saw of the condition of
the man'it was necessary to aid him to 60
aft; when he was taken aft, he Was put IN
the alley-way, which is a place where we
keep provisions; he sat there with the door
open; saw Mr.. Sprague battle Toms head,
think with vinegar; this was about eight
O'Clock In the morning, two hours after the
difficulty; / saw Mr.. Sprague go to him
abont nine o'clock in the morning, in answer
to Toms call.
Isaw Sprsgue 60 to him again about din
ner time; don't know whether Tom was
locked up or not that night; when | saw
him the next morning be was dead.
During the voyage l saw Tom engaged in
no other difficulty, but heard him growing
often.
Cross examination-When l came out Of
the galley was attracted by Toms running;
he said son of 4 b-ch, addressing himself to
Mr.. Sprague. the morning watch; Mr..
Sprague told Tom to 60 aft to take up some
sails he wanted to dry; Tom replied that he
would not work on Christmas morning for
any son of b-ch; Mr.. Sprague then
said that he wanted witness to assist
in putting Tom in irons; before Mr.. Sprague
went aft he went to Tom and told him he
wanted him to get the sail up to-day, and
Tom replied he would not d. it for any son
OF b-h; Mr.. Fraser, the first officer, told
Tom toturn to, and Tom said he would not
for any id son ola b-h; that if they went
to put irons on him he.would kill the first
son OF oh that laid hands on him. Tom
had the Delaying pin in his hand when Mr..
Fraser came forward and told him TO 90 to
work, and said he would kill the first son Of
q b-h that laid hands on him; when Mr..
Fraser came forward he only had pair of
handouts to put the mans wrists; when
Tom said he would kill the first man
that put his hands on him. he took all iron
Delaying pin in his hand in menacing
attitude. After some conversation between
him and Mr.. Fraser, Tom turned partly
around as if going to strike with the Delay
ing pin, and Mr.. Fraser picked up capstan
was about to strike Mr. Fraser. Next morn
ing, when Tom was buried, he received the
same burial as other persons who die atsea.
He was sewed up in canvas, the mainyards
of the ship were backed, the service was
read over him, and he was hove overheard
on plank. All hands were summoned
to attend the burial. Mr.. Fraser
the first officer, read the service over
him. The body was decently sewed up
in canvas, and weighted so as to sink easily:
the backing OF the main yard is token of
respect for the dead, and would cause the
ship to lay to during the progress of the
service; during the conversation between
Frazer and Tom, saw Tom put his hand be-
bind him, whether he drew knife or not
do not know; Tom was hard case, what
call rough; mean by that that he was OF
quarrelsome disposition; the men on that
vessel received good usage from Captain |
Duncan, Mr.. Frazer, and Mr.. Sprague, and
had nothing to complain of.
Another witness testified when Tom was |
asked to turn to and ok, he said he would |
not, but would take what might be put |
upon him.
Mr.. Fraser told Tom if he would not |
Work he must go in irons, and Tom replied |
that both of them Frazer and Sprague) |
could not put him in irons; Tom put his |
hand behind him and drew knife; Mr.. |
Frazer then picked up capstan bar struck |
Tom on the head and knocked him down;
he wss then taken out; after Tom was |
knocked down he did not get up; he was
raised up by Mr.. Sprague; he did not stand
alone, for Mr.. Sprague would not let him;
We carried him out, l having hold of his
legs and MIR. Sprague of his body; l do not
believe that Tom was able to walk out: we
put him in the laZaretto; he was
not locked up; he made no at
tempt to get out; he was handcuffed:
with his hands behind his back, and the
handouts were taken off in half an hour.
i went in with medicine to wet Toms head,
by order of Mr.. Fraser. The next morning,
at eight o'clock, witness went in again, and
Tom was dead.
Witness did not report the fact of Toms
death to the American Consul at Liver.
pool.
Cross examined Tom had a common
sheath knife in his hand, such as is COM
monty carried by sailors, and made motion
to strike witness with it. Mr.. Fraser treated
the sailors under him first rate. was with |
him six months. He was not man to get
into difficulties with his sailors. Tom made
q motion to strike Mr. Fraser wi h the
sheath knife, and it was then Mr.. Fraser
struck him on the head with the capstan
bar. Tom was a quarrelsome man, and
some OF the sailors were rather afraid of
him. Tom was buried the day after Christ
mas. All the ships men were present in
Guiding the captain.