The New York herald., 1873-12-30
FATAL RENCONTRE AT SEA.
a Sailor Tried for killing Second
Mate-The Charge Not Sustained and
Verdict of Aeauittal.

The trial OF Josiah Warren a very good-looking
and apparently respectable young man. for the
alleged murder on the high seas OF Eden G. Sta
pies, second mate OF The ship Helen Augier, was
commenced in the United States Circuit Court, be-
fore Judge Benedict. Mr.. A. II. Purdy, United
States Assistant District Attorney, appeared Tor
the prosecution and Mr. B. F. Russell, OF the firm
OF Field, Russell & Otterbourg, conducted the de-
fence. From the statement OF the Assistant Dis
trict Attorney the facts OF the appeared
TO be these The prisoner was, on the 25th Of
August, 1878, engaged with other sailors, in wash
ing the deck Staples desired him to make haste
to hurry up as fast as he could. Prisoner replied
that he was making as much haste as 1t was in his
power to make. Staples then flung bucketfull
Of water over him; the prisoner flung back some
water on Staples, who clinched the prisoner and
Knocked him down on the deck. In the fight which
ensued Staples received in the stomach wound
from knife, and the prosecution aege that
Staples died from the effects OF this wound and that
II was inflicted by the prisoner.
TESTIMONY CHARLES PADDES.
Charles Padden, one OF the crew, gave evidence
10 the following effect:-On the occasion OF this
trouble on board the ship we were engaged IN car
Fing water to wash the deck; staples remarked
will come and help you;i no reply was made TO
that remark by Warren, who continued carrying
water; staples LAID hold OF the third bucket of
water which Warren brought after tnat and flung
It over him Warren at tnat moment had in his
ndnd bucket Win some water IN III, tHls water he
threw over Staples Staples clinched Warren, held
him down by the neck and gave him blows on the
head with bucket; shortly after thls staples went
away from Warren, eXclaiming, II am stabbed;
Joe Warren has stabbed me; - the Captain, coming
on deck, addressed Warren ana said to him, If
you do not come down TO the cabin Will shoot
you; Joe at once complied with this request Of the
Captain.
the witness, who said that Staples was person OF
much greater size and weight than Warren, ana
that Staples treatment OF Warren had been con-
unuously harsh and frequently severe and cruel
TESTIMONY OF ANDREW CLIFFORD.
Andrew Clifford, who was sailor on board the
vessel at the time OF the alleged stabbing deposed
that he observed Warren reaching his hand down
along his side; that at that time ne did not observe
fendant stab Staples IN the stomach.
Crosse eXamined-Warren was quiet, well-be-
haved ooy he never had any difficulty on board
the ship with any one but Staples. staples Was
dlsliked and hated by all the crew.
Dispositions made in this case by other members
OF the crew, were read in evidence by counsel for
the government. The deposition Of surgeon was
TO the effect that Staples died from the effect OF
wound in the stomach.
Mr.. Purdy rested the case for the prosecution
after reading the deposition Of Staples, which con-
tanned passage to the effect that no blame was TO
be attached 10 warren Tor stabbng hlfn; that ne
(Staples) was the only person TO blame; and that
Warren killed him in order to save his own life.
THE DEFENCE
No witnesses called Tor the defence. and
Mr.. B. F. Russell briefly addressed the jury the
part OF the prisoner, claiming that there was no
evidence upon which the jury could convict his
client who Ii was perfectly apparent, had merely
acted for the purpose OF defending himself from the
violence OF Staples.
Mr.. Purdy replied on the part OF the government.
A brief charge having been delivered by Judge
Benedict the jury, after consultation OF i've min
utes, rendered a verdict or 'acquttal, and on the
motion Of Mr.. 3. 4. Russell, Warren was dis
charged from custody.