Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1870-10-20
U. =. District Court.

II
menced in the lower room Of the City Hall thi
morning, Judges Strong and Hall on the bench
| number of case were taken up and post
poned Or others were disposed OF but there wer
no arguments.
The case OF the State of Delaware against til,
Philadelphia, Wilmington and Baltimore Railroad
Company was presented, and the Court fixet
Wednesday, the 26th instant, for hearing thu
arguments in the case.
The Court then adjourned until 8, r. NJ.
TRIAL OF JOHN PETERSON FOR MURDER ON TIL
HIGH SEAS.
Tuesday afternoon. The trial of John Peterson
for the alleged murder of Herman Wurdermann
on board the sloop Arohilles, in May last, on hel
way from New York to this city, was taken up.
District Attorney Higgins for the prosecution
and Levi G. Bird, Esq, for the defence.
Eighteen names were called in securing jury
the counsel for the defense making six peremp
tory challenges. The accepted iurers were at
follows Geo. n. Warren. rsmes B. Anderson
Oliver D. Caulk, Edward s. Pref oman, William
| Stuckart VIM. Scott, Wilberf Jfce N. Chandler,
James O. Pickles, Archluald Given, John II.
Steel, Henry Whitman, Milo H. Cross
| District Attorney Higgins opened the case for
the Government. He stated that in the indict-
| ment there were three counts; 1st That on the
| 10th of May John Peterson murdered one Her
man Werderman by drowning. I'd. The deed was
committed by combined assault and drowning.
| 3D.. That Peterson deprived Werderman of life
by some instrument or weapon to the jurors
unknown. He said he expected to prove that on
the I'd of May last, Herman Werderman sailed
in the sloop Achilles from pier No. T. North River,
N. Y, in company with John Peterson, on a
juDking expedition to cruise down the Jersey
coast and back to New York That on the 14th
the prisoner came to this port and said Werder-
man was drowned at Great Egg Harbor about
2 o'clock. in the morning, he being dashed over
board, and afterwards that he was knocked
overheard by boom in Little Egg Harbor at
b O'clock i'll the nftarnnnn and again DafOrn the
U. s. Commissioners, that he was knocked over
board and drowned in Delaware Bay off Bombay
Hook in day time. That he had on several oc-
casions stated that he was the sole owner Of the
sloop, and had appropriated money belonging to
Werderman. He subsequently said that he was
only part owner, again not owner but to receive
part of it in payment of wages. He said that
the prisoner admitted the fact of the drowning
Of Werderman, and there must of necessity be
but one place, one time and in one manner, but
the prisoner has stated it to have taken place in
in no less than three different places at three
different times, and by two different ways.
The witnesses for the government were then
examined:
Claus Nemayer testified to his being bar
tender for Christian Lieber, at 81 West St., New
York, and having been intimately acquainted
with Werderman for three years, and having met
Peterson on three different occasions. He was
present when the bargain was made between the
two parties in reference to their cruising along
the Jersey coast on a junking expedition. Wer-
derman had been wishing to 60 junking, but
could not find sailor to suit him. and was talk
ing about it when Peterson came in and stated
he knew all about the Jersey coast and was just
the man. Werderman then purchased the sloop
achilles, furnished it, and bargained to take
Peterson with him, and give him one-half the
profits few minutes before he sailed Werder-
man paid Leber. in Neimayer's presence, some
money due him, and had about $40 remaining,
which he counted while there Peterson being
drunk the night before had given Lieber
his pocket-book and when he returned it there
was but about S14 or S15 in it. The next he
saw of Peterson, was on the 18th of May, when
he came into Liebers, and Lieber Immediately
inquired after Werderman. Peterson said " he
was all right that he had shipped on bark to
RIO Janeiro at Philadelphia and that he had
sold the sloop to some fishermen in Phila." On
IIieber expressing surprise that Peterson did not
write, Peterson said he was ashamed because he
had lost no much money, and would not come
back until he had doubled the amount that the
sloop was leaking badly, and pretty nearly
drowned both of them. Peterson told Lieber he
was going to embark on the bark Pdiids, and
subsequently that he was going to the lake. and
again. that he was coming to Delaware, and re-
quest Lieber to write to him as soon as the Pal
las came in.
Lewis McI.orley, custom-house broker in
New York, testified to the sale of the sloop
Achilles on the Goth of April by one Harder to
Werdeman.
Henry s. Fitch, Record clerk in the New York
Custom House testified to the genuineness of the
license and bond given by Wurdeman, and that
no sale of the sloop Achilles had been recorded
in the custom-house since the 29th of April. The
bond and license were then offered in evidence
Frank NoleD, Inspector of Customs, testified
to conversation with Peterson when lie caused
his arrest to be made. On producing the papers
belonging to the sloop, Nolen mentioned that
they were not made out in Peterson's name, and
Peterson then stated that the sale had been made
in New York, and the bill of sale was in the
Custom House there, they being so slow in
transacting business he could not wait for it. He
said he had given Wurdeman 5000 for the sloop.
Wurdeman, Peterson stated, had been washed
overheard in or at Great Egg Harbor in storm
at about two o'clock in the morning. Heard his
statement before the Mayor when he said the
accident had occurred in Little Egg Harb0r at five
o'clock in the afternoon that he did not buy the
sloop but was to have half as his share of labor.
The cross-examination elected that Peterson
was drunk the night of his arrest when he made
the statement in reference to Great Egg Harbor.
Amos Harris, a ship-wright in this city, testi-
fed that he had known Peterson six or eight
years, and in a conversation with him the Sunday
after his arrival hero with the sloop, Peterson
said that he bought the soop in New York, and
had left New York with Dutchman who had
been knocked overheard by the boom off Little
Egg Harbor Inlet. That in examining the cabin
he had found $40 in the cabin, and the sloop
g stood him about 5000" Peterson was sober
at the time.
The Court then adjourned until this morning
Mt 10 o'clock.
"Wednesday Morning. Charles Shott was the
first Witness Resides at 9Th and Orange Streets
knows Peterson. He came on witness oyster
boat one Monday after no had got back and
while eating some oysters, said he had a boat of
his own now, gave $3.50 or $3.50 for her, witness
did not remember which. Witness saw boat
referred to- She was little sloop OF about five
tons burden. Prisoner said he had given his
70 IL, Gvn ,afa In had
the money by working in vessel, brig or a
barque, witness did not remember which, Said
he had lost a man overheard at Great Egg Har-
Dor or Little Egg Harbor, witness did not re-
member which, Said he was knocked overheard
by main BOOM and that he, the prisoner, went
and looked for the body around the beach but
could not find it, Peterson said he was going
after junk and iron till the oyster business was
good when he would 60 clustering. Cross-ex-
amined lie said the prisoner was sober when he
made these statements.
Claus Nemayer was recalled and stated that
he had never seen Wurdermann since he left
New York with Peterson. Wurdermann was
about 30 or 80 years of age. native of Germany
and about feet 9 inches high.
Richard ii. b. Wisdom, police officer, testi1
fed to the prisoners statement when arrested,
his evidence corroborating Mr.. Nolen's. No
threats or inducements were made or offered to
have him make these statements. He was not
sober, but was able to walk was not in such a
condition as to have required witness to arrest
him for Drunkenness had le met him OH the
street. At the examination before the U. S.
Commissioner, Peterson said Wurdeman was
washed overheard at Egg Harbor, but he caught
the main sheet and saved himself, and was final
~ lost off Bombay Hook.
Lewis NJ. Barrett Custom House officer, re-
siding at Great Egg Harbor, and an inspector on
the beach from five miles south of Little Egg
Harbor testified that no body had come ashore
there.
Hon. Joshua s. Valentine, Mayor of Whining
ton testified to having first caused the prisoners
arrest on tho charge of Frank Nolen. lie had
cautioned the prisoner against eliminating him
self. Prisoner stated that he and Wurdeman
had bought vessel in New York They were to
be partners but he, Jefferson, having no money
Wurdeman had paid it all and Peterson was to
pay it back out Of the profits realized. He said
Wurdeman was lost off Little Egg Harbor being
knocked overheard by being struck by the boom.
Said he had money, witness forgets how much,
which he said he had earned while on board a
vessel. lie said he had gone on to New York to
look up Wurdemans relatives and inform them
of his death.
James Maharty testified to prisoners state
ments when first arrested. This closed the
evidence for the prosecution.
Mr.. Bird opened for the defence and said he
should rest his case mainly on the failure of the
prosecution to offer sufficient proof. He would
also offer evidence of the prisoners good