The New York herald., 1872-11-30
HERALD SATURDAY SHEET

murdered Alexander MOSS, sailor. ON board the
American ship r. H. Moore OF Boston, on the oath
OF July last by stabbing him with knife.
Mr.. De Kay conducted the prosecution on the
part OF the government. and Mr.. Mott was counsel
for the accused.
TESTIMONY OF THE CAPTAIN, a. W. BAssErr.
Mr.. De Kay, having stated the case, called George
w. Bassett. who deposed-I am master OF the brig
+. II. Moore. of Boston; she Is an American ves-
sci; the defendant shipped on beard my vessel in
April. 1872, at ST. Helena, as foremast hand; 1
know Alexander Moss; he shipped at the same
time; he lost his life board my vessel the oath
OF July last; we were then the coast Of Africa
! knew that Moss and the defendant were the
best OF friends before the occurrence took place
report was made to me that man was stabbed
IOrWard; ; this was about one O'Clock; immediately
went forward and saw Alexander Moss In the
arms OF two or more men, passing him out OF
the iorecastle; one Of the men, ! think. was John
Henry Francis; as they brought out Moss saw
blood spurt from his mouth and nose; John Watson
out SAYING rs as
told my mate to put Richards In irons; the wound
was over the left lung, in the breast; ] tried TO
staunch the wound, but could not; the man died
in half an hour after first saw him.
Q. While Richards was there was anything said
about the weapon with which the deed was done2
A. No; the knife was brought to me whhc | was
holding the mans head 1t was passed up from the
iorecastie and tcnaered to me- oat ala not take
the kniie) have had that knife in my possession
until gave Ii to the American Consul; have seen
number OF men on board using that knife; l have
seen Moss and Richards use 1t; ! have never seen
another knife on board like 1t; there was very little
blood on it when It was given to me; 1t showed
more after.
The knife was then ofYered in evidence Counsel
for the prisoner objected, as It was not proved to
have belonged to the prisoner The Commissioner
received the knife in evidence, as TACT in the
case.
Q. Did you have any conversation with Richards
about this AFFAIR." A. Yes; In about ten minutes
after the man died went to Richards, on the poop
deck: he was then In irons; said, Orchards. you
have done enough to last you lifetime =, he said
"Spare me, Captain, spare me know did IT, but
! never meant to dc it," don't think have
spoken to him since; spoke to him in English; he
speaks English and Is an English subject-a native
OF st. Helena; Moss was native of st. Helena and
an English subject. too.
IL was admitted by counsel on both sides that
the prisoner was arrested In the Southern District
OF New York.
Counsel for defendant submitted there was no
evidence to show that the prisoner stabbed Moss
with knife. All the evidence on that point was
the mans own admission that he did 1t and was
sorry for 1t. It was pure accident. II he commit
ted the act designedly 1t would be murder.
The COmmissiL ner SAID that In q case OF pre-
liminary inquiry II was for him to say whether he
would hold the defendant for murder or man.
slaughter.
Mr.. Dc Kay remarked that the evidence showed
that a crime had been committed and Ii the cOun-
sci did not sum up the case he would ask the
Commissioner to commit the prisoner for man.
slaughter.
The Commissioner observed that the prisoner
could not set up that he had committed no crime
by saying that he did not intend to commit 1t. The
prisoner was then committed TO await the action
of the Grand Jury on charge OF manslaughter.