OPENING STATEMENT FOR THE GOVERNMENT.
Mr. DWIGHT said: You are empannelled, gentlemen of the jury, to try the issue between the United States and the prisoner at the bar, charged with robbery upon the high seas. Robbery committed upon the high seas, or in any basin or bay within the admiralty maritime jurisdiction of the United States, is declared by the act of Congress passed in 1820 to be piracy, and punishable with death. The indictment against the prisoner charges him in the first count with having on the 21st of March last, on the sloop Edwin A. Johnson, committed the crime of robbery upon George H. Burr, master and commander of that vessel, and with having feloniously and violently taken from him a watch, a large sum of money, and some wearing apparel. Robbery is the felonious and forcible taking the property of another from his person or in his presence against his will, by violence or by putting him in fear. It is larceny accompanied by violence. The punishment, as you will perceive, for the offence committed upon the high seas, is different from its punishment when committed upon land. It is to protect more effectually and punish more thoroughly offences occurring upon vessels upon the high seas, where the protection for person and property is not so great as it can be on land, where individuals are so much surrounded by the police regulations to protect them and their property. In this case, the prosecution will show to you, gentlemen, that on the morning of Wednesday, the 21st of March last, there was found floating in the Lower Bay of New York a deserted vessel. Her strange appearance attracted the attention of several vessels in that vicinity—among others the steam tug Ceres, which bore down to her, and the captain of which boarded this vessel. On reaching the deck there was presented a most unexpected and fearful sight. A state of great confusion appeared. The bowsprit of the vessel was broken off, and its rigging was trailing in the water. The sails were down, and the boom of the vessel, which had been set, was over the side of the vessel. There was no human being found on the vessel, and no light. Forward of the mast appeared a large pool of blood, which had run down to some cordage and sticks at the back of the mast, and also down the side of the vessel into the sea. This was just aft the forecastle hatch, on which, or near which was found some hair—a lock of hair. Amidships, and totally disconnected with this appearance of blood on the foredeck, there was another large patch of blood, showing signs as if a body had lain there; this also ran down the side of the vessel. Still further aft, just back of the small companionway, they found traces of blood again, also disconnected with that in the middle or forepart of the ship. Aft there appeared signs of a bloody body having been dragged from the entrance to the cabin. There was blood upon the rail and over the side, and it seemed as if an endeavor had been made to wash it off. On descending into the cabin, a state of still greater confusion appeared there. The few articles of furniture were disarranged. The companionway steps were pulled down, and some of the sails which lay on the companionway were pulled out. The floor was wet and bloody, and bore signs of having been covered in its entire extent with blood, which had been washed off with water, probably brought in the pail which was found there. Upon the handle of the pail there was found some hairs, where the hand would naturally hold it. These hairs were of a different color to those found in the other parts of the vessel.
The appearance on the floor and the disposition of the articles lying in the cabin, together with the two auger holes found bored in the lower part of the cabin, where the floor slanted down, showed that an endeavor had been made in washing the floor of the cabin to let the water run down. The auger with which these holes were bored was found there, and also some little chips which had been bored out of the floor. It seemed as if the attempt had been given up in the cabin, and the vessel had been abandoned afterwards. There were a small stove in the cabin and a pile of wood under which the blood had run. On the wood was lying a coffee-pot or a tea-pot with fresh tea leaves in it. The side of the tea-pot was indented and covered with human hair, which was likewise black like that found on the pail. There was nothing further than this to direct suspicion, and the vessel was taken in tow by the Ceres and brought up on the morning of Wednesday, the 21st of March, to the slip at the foot of Fulton Market. On the affair being noised about the town, the sloop was visited by a large number of persons; among others by persons acquainted with the vessel and those belonging upon her. It was found that this was the sloop E. A. Johnson, owned at Islip, Long Island—a vessel belonging in this district, and commanded by George H. Burr, who was also part owner. The sloop had been engaged in the oyster trade in Virginia, and had recently come in, and had on the 13th of March, a week previous, cleared from here to go to Virginia for another cargo of oysters. The crew consisted, when she cleared from here, on the 15th of March, of Geo. H. Burr, master, two sailors—Oliver Watts and Smith Watts—young men, brothers, residing at Islip, and the defendant, who, under the name of William Johnson, had shipped as first mate. During the day a great number of persons visited the vessel, and the daily press of the afternoon and the following morning scattered broadcast all over the city and its vicinity information concerning this affair. The attention of the public finally addressed to this fact was the cause of developing many slight circumstances, which gradually formed themselves into a chain of circumstantial proof directing the attention of the officers of justice to the offender, and resulting in the arrest of this prisoner. It was found that on Thursday, the 15th of March, the vessel sailed from here, being chartered by one Daniel Simmons, an oyster merchant of this place, living at Keyport, and one Edward Barnes, living at Keyport, to go to Virginia for a cargo of oysters; that it went out for a cargo as I have described, and that the captain had a large quantity of money in his possession to purchase oysters. The vessel went that week to Keyport, lay there some time, and in the last part of the week ran to Coney Island, and lay in Gravesend bay, waiting for a favorable tide and wind till Tuesday afternoon. During the Sunday, Monday, and Tuesday that the vessel lay there, the captain, crew, and others went on shore at different times, and one of the Watts boys had gone to Brooklyn on Monday or Tuesday, and returned on Tuesday, and on his return the vessel immediately proceeded to sea. The vessel had waited with its sails up, if I remember correctly, for the arrival of young Watts. He was taken off the beach in a yawl boat which was on board the vessel, and then she proceeded on her Virginia voyage. It was watched by persons who belonged to Coney Island, and also by two vessels lying at anchor at the same time, some distance from Coney Island. This was the close of the day—Tuesday about six or seven o’clock, if I remember rightly. From that time until the next morning only one thing is known of that vessel, and that by a connection of peculiar circumstances.
What was done upon that vessel during the night no mortal man save the prisoner knows. Oliver Watts and Smith Watts have never since that been seen in life. What became of them we can only judge by those circumstances which are thrown around by the appearance of the vessel and by the conduct of the prisoner, and other circumstances connected with him. Whether their bodies be in the sands of the lower bay, or floated out to sea, and are tossed by the waves there, we do not know. The prisoner fails to give an account of them, and we can only suppose that they were murdered by him and thrown into the sea. Next morning, Wednesday, the 21st, the prisoner appeared upon Staten Island, with the yawl boat of this sloop. Except, as I say, by implication, nothing is known in the meantime. The circumstances to which I refer are these: The schooner J. R. Mather, Captain Nickerson, was going from this city to Philadelphia, clearing from here March 20, and running down the bay. Some time during the night, between twelve and two o’clock, the vessel, then being down off Coney Island, had a collision with a vessel coming in. It appeared that the vessel going out saw this sloop coming in, and on going within three or four hundred feet, the course of that other vessel was changed, and she run down directly to this schooner, as if to run across its bow. That seemed to fail, and the course of that vessel was again changed; but instead of running across the bow of the schooner Mather, it seemed to fail, and struck the bow itself, cutting it down within six or eight inches of the water’s edge, and rendering the schooner incapable of proceeding to sea, and it returned for repairs. There was the finger of Providence again in that. On coming into this port the captain of the schooner J. R. Mather found that the sloop E. A. Johnson had come in, and by a comparison of the rigging of her bowsprit, found on the bow of his boat, with the rigging of the E. A. Johnson, that that was the vessel which caused the collision. Further than this, nothing is known of that night. There was no cry from the deck of the E. A. Johnson when it encountered the schooner; there was no hail, no attempt to disentangle themselves, and nothing was known of what was going on upon the deck of that vessel—whether there was a human being on it or not. The captain of the sloop saw a dark form aft, but could not say whether it was one man or two men. He knew that some person must have been on board, from the fact of her changing her course as I have described. On the morning of Wednesday, the 21st of March, about six o’clock, the prisoner came on shore at Staten Island, a little below Fort Richmond, which is in the Narrows, opposite Fort Hamilton. He was seen very soon afterward, coming on shore, by a Mr. Neildinger, whom he addressed, inquiring if his boat would be safe, designating where he had left her, to which Neildinger replied it would be all right, and the prisoner drew it upon shore, where it would be a little safer. The prisoner had with him a large canvas bag, which he carried upon his shoulders. After leaving Neildinger, he passed up Staten Island, encountering one or more persons, whom he addressed, and came to Vanderbilt’s landing, arriving there shortly before seven o’clock. He there inquired of the boat tender where he could procure some breakfast, and was directed to a shop, where he ate breakfast, and in payment offered to the boy who served him a $10 piece, which the boy could not and did not change, and he afterward gave him some silver. Afterward, in conversation with Mr. Egbert, in charge of the station there, he said he was a seafaring man; that he had been on the vessel William Tell in the lower bay; had had a collision with another vessel; that the captain had been killed against the mast, another person had been knocked overboard, and he had merely time to escape from the vessel with the money. He is described by that witness as being excited. He took the ferry-boat Southfield, left there at seven o’clock, and came up to the city. On the way up he entered into conversation with Francis McCaffrey, a deck hand. He produced before him a bag of money, and asked him to count it. It was a canvas bag, and contained $30 in silver, and a large quantity of gold. McCaffrey counted it, and the prisoner took possession of it again, and during the passage up had some more general conversation with him.
On the arrival of the Southfield at the Battery, between seven and eight o’clock, the prisoner took some refreshment—a cup of coffee, I think, and then hired a small boy to take his bag—a small canvas bag—filled with clothing and other articles, up to his house; it was taken up to his house in Cedar street, and left there. The prisoner lived at 129 Cedar street, with his wife; the other occupants of the house were Mr. and Mrs. Burke. They had various conversations with him during the day. During the morning the prisoner went out, and at the shop of Mr. James, on South street, exchanged the most of the money which he had (about $150), part gold and part silver, and received in exchange bills on the Farmers’ and Citizens’ Bank of Williamsburg. He made the remark to Mr. James at the time, that he came honestly by the money. Through the day he packed up his clothing, and in the afternoon, with his wife and child, took the Fall River boat, running from here up the Sound, and went up to Fall River, telling the carman who took his baggage, if any inquiries were made for him, to throw the inquirers off the scent. From Fall River he went to Providence. The whole or most of these facts coming to the knowledge of the officers of justice, two persons followed on his track, and very soon traced him from Fall River to Providence, and after some search were enabled to find him there. He was arrested on Friday night, the 22d or 23d March. They traced him to a small house in the outskirts of the city, and at one o’clock midnight obtained an entrance into the house, where they found him in a back room in bed. The windows and doors of the house were closed, and the defendant was found concealed under the clothes of the bed, with his head covered up. The officers withdrew the clothes, and found the defendant, there in a profuse perspiration and feigning sleep. He was awakened, or pretended to be awakened, by the officers. They said that they wanted to see him on a charge of passing counterfeit money on the hackman who had brought him to the house; he arose, and was asked to point out his baggage. He described two trunks, which they took with them. There were found on him a watch and a quantity of money—among the rest, about $120 in bills on the Farmers’ and Citizens’ Bank of Williamsburg, corresponding with those exchanged for him by Mr. James of this city. The clothes were returned to this city, and next morning the prisoner was brought here and lodged in the Second District station-house. On his arrival, he was told that the charge of counterfeit money was a mere feint, and that that was not the real charge against him; to which he very coolly replied that “he supposed so,” or something to that effect. To Mr. George Nevins and Mr. Elias Smith, the persons who pursued and discovered him, he said “he had no knowledge whatever of the sloop E. A. Johnson; had never known her or Captain Burr, and had not been on Staten Island for many months.” These statements he has maintained to the present time, constantly refusing to give any account of himself in connection with this vessel, or of anything which transpired on board of her after she left her anchor in Gravesend bay. That denial, contrary to the truth, that he had ever known Captain Burr, or ever been on the vessel E. A. Johnson, or had been on Staten Island when he was charged with being there, shows a full consciousness of the fatal effects of any evidence tending to establish that fact if uncontradicted, and in that contradiction he persisted. On being brought to this city, he was confronted with various persons that he had known before; with the man who carried his baggage; with the deck hand of the Southfield, and with various persons who saw him on the sloop Johnson; the watch found upon him was, through the hand of Providence, identified as the watch of Captain Burr, worn by him on the day of his leaving this port. That watch the prisoner stated he had had in his possession for a long time; that he bought it from his brother, and paid a certain sum of money for it; and as to the other articles, he claimed that they were his, and gave various accounts concerning them.
On the Monday following his being brought here he was examined before a United States magistrate, was indicted, and is now brought before you for the offence of robbery on the high seas. I have thus briefly gone over the various circumstances of this case as they will be produced to you by the evidence. I deemed it necessary to state to you the line of evidence that is intended to be pursued by the prosecution, that you may understand the bearing of each portion of the testimony toward the rest. You will perceive in this case one peculiarity. A great number of witnesses will be examined for the government, and among these witnesses there is a very slight connection, either with each other or with the individual himself—particularly with each other. Various witnesses will be produced before you from Islip, Gravesend, Staten Island, New York, and Brooklyn, who are unacquainted with each other, who each come up to add their little fibre to this strong cord of proof which is thrown round this defendant. Each little item of evidence is of no particular strength, of no decision in itself, but only forming a strong chain, a perfect chain, as claimed by the government, fixing without question and without doubt the guilt of this offence upon the prisoner. Your attention, gentlemen, is invited to this carefully and scrutinizingly, which scrutiny, I feel convinced, you will give to it. It is a question of great interest—it involves the punishment of a terrible crime. If this prisoner is the true offender, the result may be very serious to him. It involves a vindication of the law and the punishment of a crime which he thought he had covered up; for there is very little doubt he thought he had sunk the vessel by the collision in the Lower Bay; and I think you will say, as I have, in looking over the evidence, that the hand of Providence, in marking the track this man was to pursue, has placed upon that track the eyes of those who would come up afterward to identify him. It seems strange in this centre of swarming thousands, at such a time of the day as this prisoner escaped from that sloop, he could not have hidden himself. It seems as though there was but one eye to watch, and one instinct to follow and observe him. From the very time that he landed on Staten Island until he went to Providence, his whereabouts was known all the time. I cannot explain either to you or to myself what it was that caused him to be watched; that he was watched and observed will be shown. From the very commencement of his being seen on the E. A. Johnson till he was brought here, everything is known concerning him, save the twelve hours intervening from his sailing from Coney Island till the next morning. He has been called upon to give an account of the property of the Wattses and Captain Burr—but he claims it as his own. He has been called upon to give an account of those men with whom he was, and who are no doubt already dead; but he utterly disclaims any knowledge of them or of the vessel upon which they were. That, gentlemen, you will judge of on this trial. You will say whether he is guilty of the triple crime, the double, bloody, damning crime that occurred on the deck of that vessel; and if so, as jurors and citizens, whatever may be the result to him, and whatever the punishment, I have no doubt but that your verdict will be in accordance with the law and the facts.