The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16


particulars connected with the charge OF murder
against David Leach, and which are briefly nar-
rated below, involve otner actors In the scene In
difficulty which, If not per.lous as that surround-
ing the principal actor IL nevertheless very ser0ua
one. II the statement OF the witnesses as to the
alleged murder OF the seaman Jack, the Austrian.h
by the accused, be true then the captain OF the
vessel and his officers are liable TO be proceeded
against on the very charge Of msprision Of
felony as will be seen from the subsequent occur-
rences.
The American brig Helen o. Phnney, fully COM
handed and manned, lay, In the month Of August
last, IN the harbor OF Monteyideo Previous to tina
occurrence which led to the killing by shooting Of
the deceased, "Jack, the Austrian" everything
went ON quietly on board. On the 10th Of
August Jack was up In the main rigging
scraping ana cleaning the mast Another
sailor, also an Austrian, was Immediately undeB
Jack, and, In response to something said by the
latter, Jack shouted out. "Lower away" The first
mate who was at the moment standing on the deck
close by, hailed up TO the deceased, inquiring whas
ne "was damned talking about" One OF the crew
said TO the mate ale did not speak TO you, Sir, buu
TO Henry" The mate, however. not satisfied on the
point again shouted out to JACK. "Come down here.
you tusing a strong but unsavory eplthen, ana IN
break your head or" Threatening TO '.put head
on'' one is the favorc becose expression on shore;
"breaking head on appears to be the process az
sea. Unfortunately for "poor Jack" he didn't res
main aoft nor, as the sequel shows was the tute-
larry guardian angel there at the time; for no sooner
did he reach the deck than he was set upon by the
first mate and struck with a Delaying pin, with
which he continued to bclabor him. The second
mate also took hand in this favorte pasttme at
sea, and at their hands the deceased received very
severe nandng ad m, m mem sse Two
as he could we. bear for that time they retired,
leaving Jack to repair DAMAGES az best he might.
THE SHOOTING.
But there was still treatment in store for,
him. there was still more dangerous ruflan on,
board in the person OF the accus d. David Leach tho
OF the vessel. The sworn AFFIDAVIT OF three
witnesses sets forth:-fhat after Jack had been
beaten by the frs, and second mate, ana while he
was st on deck wiping the blood from his face.
the steward, David Leach, came forward and, halt
ing within about Tour ieet OF the deceased, DIS
charged pistol at him, the ball from which enters
Ing the person OF Jack he almost instantly fell To
the deck and expired.
Notwithstanding the enormity and unprovoRed
nature OF the crime committed on board his vessel.
the captain, instead Of reporting the occurrence tn
the American Consul or to the native autho tiles,
permitted the alleged assassin 70 Leave the vessel; N
him place on steamboat then about leaving
the harbor. The two remaining Austrla9s Jack'a
countrymen, were detained ON board I'LL the brig
left, and then they were put ashore, other handA
being got TO supply their places The first destna-
malned under the eggs OF the captain and his OIL
GERS till the arrival OF the vessel III this port
MURDER WILL OUT.
One or the seamen taken on board 10 supply tho
vacancies lot MOntevdeo was an Enyishinan, Cham
berlan who during the voyage To this port learnei
from the three principal witnesses to the shoounG
all the particulars connected Herewith These wit
with any o,ner language Than their own
even II they knew what their proper course under
| the circumstances was. TO make The facts known To
the authorities. But IN Chamberlain they found one
able to take In the whole situation, aud who hay,
ing heard all the particulars Of the case but waited
the arrival OF the vessel here to proclaim the
der and then to leave II TO the supposed witnesses
| thereof and the authorities here to deal with
| THE CAPTAIN AND STEWARD EN- RAPPORT.
Chamberlain himself had a5certained enough In
another quarter to convince him that murder had
| been committed on board, Tor one day. after
to the captain, III 1t was In New York there would
be no trouble about this thlng;u which the Cap
| tain replied and there WILL oe no trouble abou1
it,
THE ARREST.
The vessel arrived here OH the 18th inst, and as
| soon Chamberlain and the witnesses could gee
ashore they made their aildavlts TO the foregoing
| facts when warrants were immediately placed IN
the hands OF deputy marshas Tor the arrest OF tho
teward Tue prlncipai ana Tor Ine captain ana ne
Purvis arrested David Leach, the steward aud Joh0
Reed, the third mate
MsPRIsION OF FELONY.
For his eoncealment Of the murder, If murder
should be proven In the first bistance and his sub
sequently harboring and allowing TO 90 free at tins
port the perpetratUr Of that murder, Captain Boyd
| mas committed the very serious CRIME OF misprsiun
| OF treason, which involves heavy penalty upon
| offenders. The captain ana his hist and second
! mates have not yet been arrested.
The foregoing IL the plain, unvarnished statements
OF the shooting and subsequent occurrences AZ de.
tailed by Mr.. Chamberlain The mouthpiecc OF
the three Germans who claim to have witnessed tha
shooting and the death OF Austrian Jack.
The whole VIII be subjected 10 II most rigid
Investigation In the Commissioners Court, Leach
and Reed having already had able counsel to confer
with them.