The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-05-07
THE MURDhR IN 4HE BORE1OP.

Enginnd's Dcmu nd for the Nurdercr-BcFin-
ming of the Extra ition Case Of Thomas
ii. JOhnston--Mr. spcncer's Nice Distinc-
tion-yiNid Description Of the Duel In
the Air.
The matter Of the extrndition Of Thomas II.
Johnston for tho killing Of Edward Blrrus, on tho
eth day Of April, on board tho British bark Morn
ing Light, was up yesterday morning before Commits
sioner Osborn in the United States District Court.
Messrs. Marlury & Son appeared for the British
Consul ana Messrs Spencer and Erhardt for tie
prisoner. Mr.. Marhury stated the facts Of the quar-
rel and sud- en- killing I'LL OF which have been pub
lished exclusively IN The Sun. Nr. Narbury then
read the 10Th article Of the AshLur.on treaty, which
relates to extraditon.
Mr.. Spencer raised the Ioiut that the Aslburton
treaty did not relate TO mansllughtor, but only to
murder. Mr.. Marbury responded that the United
States Government had ordered Commissioner Os-
born to proceed with the examination OF the case.
Therefore he called the nrst witness Mr.. Arch.
bald, who testified follows:
Lam British Consul OF this port have the regis
ter OF the bark Morning Lglt she REGISTERED
at Gibraltar on the 3ist day of August, 1873, and
England hut now residing in New York city; this
vessel has been in nc port OF New YORK several
ed and regarded BY me as
BRITISH NATIONAL sHiP.
Henry Baker testified az follows:
was seaman on board the Morning IL ght from
Yo orR. We left Now York vent to capSiz hence
to Moutevdeo. and then TO Buenos Ayres. We left
Buenos Ayrcs about March a. The prisoner, Thomas
II. Johnston. was on board a. one OF the crew. He
shipped at Bueuos AyIes There was a man or
board named Edward Barrds. He also joined The
an ordinary seaman I saw Edward Barrus the las /
time on Saturday, the 2Sd day OF April,
THE DAY WAS BURIED.
His body was kept two hours and half after death,
and then he was buried In tie sea. At about p N
on Friday, Blrrds stabtcd the ship being al tho
time on tie ligh seas and out of sight or land. was
at work below when the s'abhing done. My at
ten,ion was 1-st attracted by knife belonging to
Barrhs dropping on deck from
THE TOP OF THE FoRENAsr
Then heard cry like groan. AMI at tie same
time time another large kniic belonging to the
prisoner dropped on deck. then heard the
| prisoner cry out "Ilolp the man Is cut "
| The prisoner vas. then holding Blrrds.
| Tire Sc ond mate and myself were the first 70 20
up to their assistance. The second mate pissed me
around tho ioretop. When got there, Barrus was
resting on line stretched from one side TO tie
other OF the foretopnast Aging and the prisoner
was holding him fsst to proven, his "a ling asked
the prisoner what was the mattcri lie said, " We
| got into dispute and got
CRAZY AND CUT HIM"
| Tie prisoner, the second mate and myself then
tried to lit Barrus down into the top. The d. ing man
could not bearto be- carried in that way, and call was
made for a line TO lower Barrus to the deck. went
| into the top End hauled up Tho lower studdingsail
halyards, and landed the hulyard to James Maddox
man ; Barrns was lowered into the top, and tue
wound was examined, and somebody said, My
| down on deck the dying man Was then lowered
from the top to the deck und assisted in receiy ing
| lin the prisoner was attending TO Barrds all the
| time, ana was very careful IN lowering him TO the
| deck the wounded man was then carried to tho
oreSasIs, and having no bed OF be- oTn, he VS.
| dox and Ithe second mate; an hour or two later
returned, and helped to cut OF Barrds's clothes; l
saw whore he was wounded on tic LEFT side, bel ow
the ribs lie did not bleed from the wound, but was
THROWING UP BLOOD IN A STEFAN.
| saw Barrus sgnn q little amer four O'Clock,
| when he was dying bot lie was speeohess Bar
rus did say ytning In the presence Of the pris.
| about how he came to be injured at about
| midnight Barrus made a statement TO myself, Mad
dox ard Alonzo Merchsnt the mate OF the ship Tie
mato was going to Try and sew up the wound, and
Bafrus asked TO be left alone, as be must die.
MIR. Marbury objected TO the Introduction OF the
Mr.. soeucer said that the declaration was made at
midnight, sixteen hours before Barruss death. When
In tie abdomen recover. Nine tentls Of people
wounded in the abdomen die from peritonlHs II
| within reach OF medical aid,
he MIGHT HAVE LIVED.
The probabilities arc that he died Of Inflammation n.
1t was the pain OF the needle entering the esh that
eXtorted that dcspon ling remark from Barrus. MIR
spencer added that full bench in England lad de-
cdcd that a dying declaration was OF no account II
tie person making it Ind particle Of hope.
sven NOrd, the next witness, said On Friday
2ad Of April was near the ioretopmast yard, about
six feet from Barrus AMI the prisoner, The pris
oner went to scrape the gallant and royal mast
Barrn Lad no shoes on, and The prisoner had. Bar.
rhs told the prisoner to 90 and stand on the roue
as he Uhe prisoner had shoes on. The prisoner
went and stood on the lower masthead and not on
tue rope. The prisoner asked me Uhe wilness) how
far down coald reach. BurHs then came dowr
aud said to the prisoner " You don't stand on the
rope. Barrns then said 10 the prisoner: "Yuu
went up to scrape the gallant mast " iile went TO
toe wheel; you started the work Just like IN farmer
you started below instead OF beginning on top.
The prisoner said A" Ii you don't shut up YOU
growl
ILL PUT MY KNIFE ~ YoU.
Barrus then said, - Come on ~ or Go on !" DON
know which. heard cry, and then saw Barrust
knife fall to the deck. did not see the stabbng
After the cry did not hear him suy anything abou
the stabting.