The Portland daily press., 1878-01-10
United states Circuit COURT,

BEFORE JUDGE FOX.
| WEDNEsDAY.-The case of Andrew Jones, indict-
ed for mausaughter, was opened for the government
by District Attorney Webb. He called SIS the first
| witness Henry Hardenburg, one of the crew, who
testified that all hands drank freely on the night of
The 18th December; the captain and Jones were up
| most of the night, drinking and arguing. In the
morning the captain and the rest of the men, except
Jones and Benson went of in the dories Jones was
pretty drunk: the captain soon returned to the
sci, and Benson took his place in the dOry with wit
ness; the captain tumbed down twice after return
ing to the fishing ground; witness noticed the vessel
behaving strangely and pulled back; on approaching
saw that Jones face and beard were covered with
blood; found the captain stretched the deck in
shirt-seeves, drenched with water, with bad gashes
on his head and face and large knife lying him
secured Jones and carried the captain into the cabin
| the captains missing garmOnts were found in the
fOTecastle except his hat the crockery in the fore
castle broken; the captain moaned, but did not
| speak, when the other boats came on board, made
sail for Eastport, and carried the captain Shores
the captain and Jones were Norwegans, the rest of
the crew Swedes On cross examination the witness
said he was absent from the ship with Benson about
two hours.
John Benson testified that Jones was crawling
about drunk when witness was left on board with
him the captain, when he came on board, took
drink aud after ward tumbled down; then he pushed
Jones over, who was at the Wheel Jones, after he
was secured, said he remembered nothing of what
had happened, except that the captain called him
hard names and struck him; Jones nose bruised
and swelled, and he mad cash above his eyebrow
and bruise or two his head. On cross-eXamina-
ton witnesses said Jones told him he had just come
to his senses when the dory returned.
At this point the court took recess until after
mood.
John Benson's cross-examinaton continued: There
was no blood on the knife when found in the check
er there blood inside and outside of the bib of
Jones' oil pants which had run down from his beard
l tied him because thought he had killed the cap
tain, and ddn'G know but he might do the same to
me.
Samuel Nelson testified: Am fisherman; last
orA
Hogan johnson; the 14th December was at
Head Harbor, Campobelo; the captain sent for thee
gallons of whiskey and shared it out to us; Peterson
and went out next morning in the fir dory; lost
part OF our trawl and returned to the vessel; Ben
son called out TO me and said the captain was killed.
[ asked him who did it, and he said suppose Jones
did it; Jones was lying down with his hands tied;
SAID he was cold, and we carried him down into the
fOrecastle and put him into a bunk; was left to
watch him. asked him what he had that knife for,
and he said that none of my business; he said
he and the captain had a wrastle; you go and help
manage the vessel AID will get away from the
cook; he asked me TO tear his eye out; said it
panied him. said two eyes were enough for me,
and he said 1 had no pity on him and another man
looked half day for the captains sowwester but
couldn't find it.
Cross-Ex.-Jones see.ued to be feeling badly when
was with him in the forecaste said it was too bad
seemed anxious about the captain; think the blood
on his beard came mostly from his nose.
William Plummer testified; Shipped the Ga
eel at Gloucester went off in the second dory De-
cember 15th the knife spoken of was mine left it
on the after part of the house; used it about ten
minutes before going off to CUT rope yarn; said to
Jones, Nov n. you Old 6uggeri you are done" he
done you;' stad with the captain at EastpoIt till
he died and Jones Reed with me; he died new years
eve; don't know OF any trouble there had been be-
tween johnson and Jones'
Cross-examinstion waived.
5. s. Marbe,U. S. Marshal, testified: found Capt.
johnson at boarding house in Eastport; DIR. Babb
was attending him; the skull was crushed in one
place.
Luther B. Babb, of Eastport testified Have prac-
in nd n 1arU ont h,ct
extending from the edge of the brain to the cheek
bone, and other cuts on his head his pulse was flick
ering; not much consciousness; answered sometimes
in whisper; temporal artery cut; cuts extend
ed into the bone; the skull was broken in so that
brain matter was oozing OUT the bones were driven
INTO the brain; he wounds upon his head were the
cause of his death; made post m. rem examina-
ton; skull bone II inches long aad J wide was
driven in an inch into the brain; the membrane in
closing the brain was broken in places, SO that
the brain came out [Dr, S. III. Tewksbury, called
as an expert by the defence, coming in at this point
Or. Babb was requested to give detailed history Of
the mans condition while under his treatment. Dr.
Tewksbury asked some questions.l The cut on the
temple seyering the temporal artery would probably
knock the man down, so with the one running from
the crown towards the right eye severing branch of
the same artery; these cuts might have been made
by the knife; don't quite understand how so wide
piece OF the skull should have been driven in with
such an instrument.
Cross examination waived.
John Reed testified One of the crew; was in the
last dory that came aboard; had no talk with Jones
at any time.
DR.. S. H. Tewksbury testified: The injuries de-
scribed by DR.. Babb, either of them would be likely
to cause death; combined the case would be more
certain; the blood would be likely to squirt several
feet from the wound on the temple; the instant
effect of either Of the blows would be to render man
senseless.
Cross Ex.-Think piece of the skull, as described
by Dr. Babb, might have been driven in by the knife
in question: if had found depression of the frac-
tured bone upon the brain should have removed it;
don't understand tnat there was any such depres'
sion.
In response to question by the court the Dr. said
that under all the circumstances of the case as de-
sclibed he should expect that the man would die.
Adjourned to ten O'Clock Thursday a. m.
Hon. Nathan Webb for government
Clifords for defendant.