CATHERINE DICKERSON, recalled by the prosecution, deposed—I have had hair from Oliver Watts in my possession; it was in his daguerreotype which I gave to someone in the station-house; this daguerreotype and hair now handed to me are the same; I knew this to be Oliver’s hair because I cut it off myself.
The daguerreotype and hair of Oliver Watts were submitted to the jury to compare with the hair found in the blood on the deck of the sloop.
Captain WEED recalled by the District Attorney, and deposed—I received from the last witness (Miss Dickerson) a daguerreotype and some hair, which I have with me.
Q. Will you give it to the person that you received it from?
(The captain here handed the hair and daguerreotype to Miss Dickerson.)
Miss DICKERSON, being further examined, said—That is the daguerreotype that I spoke of; that is the hair of Oliver Watts which I received from him.
To the COURT.—I can tell the hair by the color of it; I cut it off myself; I put it in the daguerreotype; his likeness was taken at the same time as mine was—on the Tuesday before he sailed; the daguerreotype that I now hold in my hand is that of Oliver Watts; I think I cut that lock of hair from his head about six months ago from the present time.
GEORGE WASHBURN, of the second precinct police, stated that he took some rigging from the J. R. Mather, and fitted it to the broken bowsprit of the E. A. Johnson; it compared exactly with what was still left on the bow of the vessel; the schooner Mather was said to have come in collision with the E. A. Johnson.
Mr. HUNT, Assistant District Attorney, stated that the government had no further testimony to offer with the exception of that of Captain Nickerson, which he deemed highly important and material. He thought that the reading of the testimony of Mr. Nickerson taken before the Commissioner, would be sufficient, if assented to by the other side.
Mr. GRAVES requested a short adjournment for the purpose of reading the testimony of Mr. Nickerson, and consulting with his associates as to the proper course to be pursued.
The COURT said that this was a matter purely for counsel to consider, and one with which he would not interfere. He would accede to the request of defendant’s counsel, and adjourn the Court till twelve o’clock.
The COURT then took a recess. On reassembling,
Mr. GRAVES desired to state that they had not been able to agree with the counsel for the government as to the evidence of Captain Nickerson.
Mr. HUNT said—My opinion is that the testimony of Captain Nickerson is material, and of sufficient importance to authorize us in asking the Court for an adjournment of the case until to-morrow.
Mr. GRAVES would like to know if the Court intended to limit counsel in their address to the jury.
The COURT said—In a case of this kind I am not disposed to limit you in your rights to your client, or the government in their right toward the prosecution.
The JUDGE, in addressing the District Attorney, said—Mr. Hunt, it must be a very strong case, indeed, that will induce the Court to grant any further delay for this witness. I will adjourn till to-morrow morning at ten o’clock, and the case must then proceed, unless some imperative reason is shown to the Court why it should not.
After the usual caution to the jury, the Court adjourned.