Savannah morning news. [volume] (Savannah) 1868-1887, 1886-12-24
TITCGMB NOT GUILTY.
TIRE CHARGES OF POISONING
NOT SUSTAINED.

The Mate OF the Schooner Nj. p. Millen,
Charged with the Murder of Capt.
Young. Released from Custody After
Preliminary Examination Before
Judge Spesr-No Evidence of His
auut-Probable Cause of Capt. foung's
Death.
Judge Emory Speer held an investiga-
zion yesterday in the case Of j. s. Tit
comb, charged with the murder OF Capt.
X. d. Young. formerly master Of the
schooner NJ. b. Millen. The vessel sailed
from Bailey's Mills on the Satilla river
July IA last with u cargo Of lumber for
Rio de Janeiro. J. S. Titcomb was then
the first mate of the schooner. On Aug.
Capt. Young died, under cir
cumstances which the crew thought
Indicated poisoning. Upon the
return of the schooner to United States
waters, which was about two weeks ago,
tbemate was arrested and has been con-
fined in jail since Dec. IL awaiting pre-
liminary examination. When the case
was taken up yesterday morning, United
States District Attorney Dupont Query
explained the delay by stating that he
had been waiting to get a witness whose
evidence was believed to be very import
ant to the prosecution. That witness was
Simon Owens, formerly a cook on the
Millen, but now on the schooner Taylor B.
Dixon, bound from South America to New
York. The Dixon has not yet reached
New York and the cook had not been sum-
moned.
TWO CONCLUSIONS.
Edward Mcclure was the first witness
called. lie stated that he was on the
voyage from Satilla to Rio and was with
Capt. Young much oil the time during his
sickness and wnen he died. The Captain
was taken sick a few days after being
out at sea and had violent diarrhoea up to
the time of his death. About a week be-
fore he got sick the Captain had some
words with the mate. The Captains
death was preceded by two commissions,
unaccompanied by pain. In the morning
before the Captain died, the mate gave
him some medicine, which he, wit
ness. supposed was an emetio. No
funeral ceremony was held, and at 2
O'Clock on Monday the body was dropped
into the sea. Some of the other members
of the crew testified to the nature OF the
quarrel between the Captain and the
mate, and as TO some OF the cIrcum-
stances of the Captains sickness.
Edwin Seymour, the cook on the
schooner, stated that he Joined the vessel
in Rio. The former cook, Owens. told the
witness that the Captain said few hours
before be died that he had been poisoned,
and unless he got an emetic Immediately
he would die within fifteen minutes.
This evidence was only admitted to show
the nature OF the evidence Owens would
probably give if he was brought here The
other witnesses had testified to the inves-
tigation held by the United States Vice
Consul at Bio. One OF the crew said that
the Vice Consul cautioned them to be
careful in making statements duplicating
the mate, as they might get themselves In
trouble.
CoNsULs ABROAD.
Col. George A. Mercer, who was defend
ing Titcomb, asked Seymour if he would
not consider it remarkable if an American
Consul was to hush up matter so grave
if there was evidence indicating that a
crime had been committed. The witness
with a positive air replied that in the
light of his general knowledge OF consuls
such thing would not be at all surprising.
The defendant gave detailed account
of the trip and the Captains illness, or at
least as much as he knew OF it. He did
not think Captain Young was much sick
until the day he died. Tie defendant ad-
mitted that he had given the Captain
medicine at different times at the Cap
tain's request. The mate also admitted
that he took the medicine chest away
from the Captain three days before he
died, because be (Titcomo) did not think
it was safe to let the Master "fooP' 80
much with the medicines. The defend
ant said that there was no bad feeling be-
tween himself and the Captain, and the
sickness be attributed to lever.
EXPERT TESTIMONY.
At Judge Speer's request DR.. William
Duncan was sent tor. At O'clock the
physician was put ON the stand, and
Judge Speer asked him a hypothetical
question based upon the evidence in the
case. The witness replied that from the
symptoms and the circumstances con-
nected with the case he thought that the
Captain was attacked by malarial fever
and died from congestion Of the stomach.
The testimony of the physician was so
clear and convincing that the case imme-
uiately took another aspect. MIR. Query
and Col. Mercer spoke briefly. His honor,
In giving his decision, remarked
that the case was surrounded
by such grave suspicious that. Capt.
Dyer did right in swearing out the war
rant. and that the District Attorney was
amply justified in bringing the matter to
the attention OF the court. The Judge did
not think, however, that the accused was
4 guilty, and even If be was there was no
living evidence to prove IL. The court
thanked Col. Mercer, who was appointed
by his honor tn represent the prisoner,
and discharged the defendant, congratu-
lating him that he came out OF the inyes-
hgation so well.