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diff --git a/old/66941-0.txt b/old/66941-0.txt deleted file mode 100644 index fed0860..0000000 --- a/old/66941-0.txt +++ /dev/null @@ -1,3875 +0,0 @@ -The Project Gutenberg eBook of The Life, Trial, Confession and -Execution of Albert W. Hicks, by Albert W. Hicks - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: The Life, Trial, Confession and Execution of Albert W. Hicks - The Pirate and Murderer, Executed on Bedloe’s Island, New York - Bay, on the 13th of July, 1860, for the Murder of Capt. Burr, - Smith and Oliver Watts, on Board the Oyster Sloop E. A. Johnson. - Containing the History of His Life (Written by Himself) from - Childhood Up to the Time of His Arrest. With a Full Account of - His Piracies, Murders, Mutinies, High-way Robberies, etc., - Comprising the Particulars of Nearly One Hundred Murders! to - which is added the Account of His Arrest, Imprisonment, Trial and - Execution. Also, His Phrenological Character, as described by L. - N. Fowler. - -Author: Albert W. Hicks - -Contributor: L. N. Fowler - -Release Date: December 13, 2021 [eBook #66941] - -Language: English - -Produced by: Richard Tonsing and the Online Distributed Proofreading - Team at https://www.pgdp.net (This file was produced from - images generously made available by The Internet Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK THE LIFE, TRIAL, CONFESSION -AND EXECUTION OF ALBERT W. HICKS *** - - -[Illustration: PORTRAIT OF THE WIFE OF HICKS.] - -[Illustration: THE BOAT IN WHICH HICKS ESCAPED FROM THE OYSTER SLOOP.] - -[Illustration: PORTRAIT OF ALBERT W. HICKS, THE PIRATE.] - - - - - THE - LIFE, TRIAL, - CONFESSION AND EXECUTION - OF - ALBERT W. HICKS, - THE PIRATE AND MURDERER, - EXECUTED ON BEDLOE’S ISLAND, - NEW YORK BAY, - ON THE 13TH OF JULY, 1860, - FOR THE MURDER OF CAPT. BURR, SMITH AND OLIVER WATTS, ON BOARD THE - OYSTER SLOOP E. A. JOHNSON. - CONTAINING THE HISTORY OF HIS LIFE (WRITTEN BY HIMSELF) - FROM CHILDHOOD UP TO THE TIME OF HIS ARREST. - WITH A FULL ACCOUNT OF HIS PIRACIES, MURDERS, MUTINIES, HIGH-WAY - ROBBERIES, ETC., COMPRISING THE PARTICULARS OF NEARLY - ONE HUNDRED MURDERS! - TO WHICH IS ADDED - THE ACCOUNT OF HIS ARREST, IMPRISONMENT, TRIAL AND EXECUTION. - ALSO, HIS PHRENOLOGICAL CHARACTER, - AS DESCRIBED BY L. N. FOWLER. - - - OFFICE U. S. MARSHAL, } - _Southern District of New York_. } - -I hereby certify that the within Confession of ALBERT W. HICKS was made -by him to me, and that it is the only confession made by him. - - LORENZO DE ANGELIS, DEP. U. S. MARSHAL. - - NEW YORK: - - ROBERT M. DE WITT, PUBLISHER, - - 13 FRANKFORT STREET - - - - - Entered according to Act of Congress, in the year 1860, by - - ROBERT M. DE WITT, - - In the Clerk’s Office of the District Court of the United States for the - Southern District of New York. - - - - - THE TRIAL - - OF - - ALBERT W. HICKS, - - FOR PIRACY - - ON BOARD THE SLOOP - - EDWIN A. JOHNSON. - - UNITED STATES CIRCUIT COURT. - Before HON. JUDGE SMALLEY. - - - - - HISTORY OF THE CASE. - - -On Thursday, March 16th, the sloop “E. A. Johnson,” sailed from the foot -of Spring street, New York, for Deep Creek, Va., for a cargo of oysters. - -The same sloop was ashore near Tottenville, S. I. on Friday, getting -scrubbed, and having some carpenter work done. There she laid till -Sunday morning, when she floated off, and proceeded down the Bay. - -Again, she arrived in Gravesend Bay on Sunday afternoon, and remained -there waiting for a fair wind until Tuesday at sunset, when she set out -to sea, Captain Burr, a man by the name of Wm. Johnson, and two boys, -named Smith and Oliver Watts, being on board. - -The next morning, Wednesday the 22d of March, the sloop was picked up by -the schooner “Telegraph” of New London, in the lower bay, between the -West Bank and the Romer Shoals. On being boarded, she was found to have -been abandoned, as also to bear the most unmistakable evidences of foul -play having taken place at some time, not remote. It was also evident -that a collision had taken place with some other vessel, as her bowsprit -had been carried away, and was then floating alongside, attached to her -by the stays. Upon further examination, her deck appeared to have been -washed with human blood, and her cabin bore dire marks of a desperate -struggle for life. The Telegraph made fast to her, and started for the -city, but was failing in the effort (as both vessels were fast drifting -ashore), when the towboat Ceres, Captain Stevens, being in the -neighborhood, took them in tow, and brought them both up to the city, -when they were moored in the Fulton Market slip. - -The story of bloody traces was at once communicated to the Police -Authorities, and soon it spread throughout the city that a terrible -massacre had taken place. Speculation accused river pirates of the -crime, but there was a doubt on the public mind. Throughout Wednesday, -the circumstances connected with the case were canvassed thoroughly, but -no new light could be obtained as to the mystery. The daily press served -up the story to the public on Thursday morning. Scarcely had the papers -been issued when two men, named John Burke and Andrew Kelly, residents -of a low tenement house, No. 129 Cedar street, called at second ward -station-house, and gave such information as led the officers to the -conclusion that one of the hands who had sailed on board the sloop -“Johnson” from the foot of Spring street, was implicated in the -mysterious transaction. They said that a man, named Johnson, who had -lived in the same house with them, had come home suddenly and -unexpectedly the previous day, having with him an unusual amount of -money, which he said he had received as prize money for picking up a -sloop in the lower bay. They gave the man’s description, told which way -he had gone with his wife and child. Immediately Officer Nevins and -Captain Smith started on their way toward Providence, to which city they -had reason to believe Johnson had gone. - -Meantime, other facts came to light in connection with the mystery. The -ill-fated sloop had run into the schooner “John B. Mathew,” Captain -Nickerson, early on Wednesday morning, at which time only one man was -seen on board, and this man was subsequently observed to lower the boat -from the stern, and leave the sloop. This collision took place just off -Staten Island, and was so severe as to render the “John B. Mathew” unfit -for sea. Hence, she returned to the city for repairs. - -On the same afternoon that the officers started after Johnson, officers -Burdett and James, accompanied by our reporter, set out in search of the -yawl belonging to the sloop, which was said to be adrift off Staten -Island. This they succeeded in finding, and bringing to the city, after -a tedious passage on a rough sea with a cold wind. The boat contained -two oars, a right boot, a tiller, and part of an old broom. George -Neidlinger, the hostler at Fort Richmond, south of which the boat was -found, said that shortly before six o’clock the previous morning, he had -seen a man land from the boat, whom he described in such a manner as to -show that Johnson might be the individual. - -It was next ascertained that a man answering the same description had -made himself conspicuous at the Vanderbilt landing, where he had -indulged freely in oysters, hot gins, and eggs. He was seen on the seven -o’clock boat coming up to New York, by a deck hand, who had, by his own -solicitation, counted a portion of his money, which he carried in two -small bags, like shot-bags. Here the matter rested for a short time, -while the people were waiting for news from the officers at Providence. -It was during this interval that our artist succeeded in procuring the -sketches herewith presented. - -Meantime the sloop lying at the Fulton Market Slip was attended, day -after day, by multitudes of the curious and the excited. The story of -blood was the topic of conversation, and the spirit of revenge found a -limited relief in verbal expressions of bitter desire for the punishment -of the perpetrator, if he should be arrested. - -Mr. Selah Howell, of Islip, L. I., part owner of the sloop, was on hand. -He suspected William Johnson, the man who took supper with Captain Burr -and himself in the cabin, on the evening before the sloop left the city. -The theory that the murder had been committed by one of the crew favored -this suspicion, and the idea floated from ear to ear until it became a -settled conclusion in every mind. Mr. Howell viewed the boat, and -identified it as belonging to the sloop. - -The carman, who conveyed Johnson’s baggage to the Fall River steamboat, -also described the man who had employed him, and the woman who was with -him. - -During Friday, Captain Weed and Mr. Howell searched the cabin of the -sloop, and found in the captain’s berth a clean linen coat and a clean -shirt, both neatly folded up, and each of them cut through the folds as -if with a sharp knife. The coat had a sharp, clean cut, about seven -inches long, through every fold; the shirt had some shorter cuts in it. -They ascertained that an auger, which lay on the cabin floor, had been -used to bore two holes immediately behind the stove, for the purpose of -letting off the blood, which constituted a little sea. Instead of -running off, it collected in the run beneath, where it remains. In -brief, the cabin, the deck, and the starboard side of the vessel bore -the most unmistakable evidences of a tremendous crime having been -committed on board, and committed with the utmost regard to a previously -arranged plan in the mind of the murderer, for three persons had been -dispatched, two on deck and one in the cabin. - -Public excitement continued on the increase; the public were waiting -with all anxiety for a report from the pursuing officers, when, on -Friday night, at a late hour, a dispatch was received from Providence, -intimating that the murderer had been tracked to a private house, where -he had taken lodgings, and would be arrested during the night. On -Saturday, this news having been ventilated, the public excitement became -greatly intensified, and it was anticipated that an effort would be made -to lynch the prisoner on his arrival in the city. Crowds repaired to the -railway depot, at Twenty-seventh street and Fourth avenue, also at -Forty-second street, at the upper end of the Harlem Railroad. At 5 -o’clock, P.M., the train arrived, containing the officers and their -prisoner. But the multitudes who waited and looked for the prisoner were -doomed to disappointment, for the officers had prepared themselves -before reaching the city for avoiding any attack from infuriated mobs, -by taking their places in the first or baggage car, thus avoiding -suspicion. In this way they came down to the lower depot, and were -transferred to an express wagon, and rolled down to the Second Ward -station-house. - - - THE ARREST AND HOW IT WAS EFFECTED. - -We give the account of the arrest in the words of Officer Nevins: - -Captain Smith and myself left the city on Thursday, in the twelve -o’clock train of the Long Shore Railroad, for Stonington and Providence. -The same afternoon we arrived at Stonington, and went on board the -Stonington boat Commonwealth, to make inquiries for a sailor man, his -wife, and child. The boat arrived that morning about two o’clock, and of -course our only chance of getting trace of the murderer was from the -officers of the boat. We heard of several women and children, but they -did not answer the description; so we waited until nine o’clock that -night, when Mr. Howard, the baggage-master, arrived in the Boston night -train. He gave us information of two or three different women who -stopped on the route between Stonington and Boston. The description of -one man, woman, and child, who stopped at Canton, Massachusetts, was so -near, that on the arrival of the boat from New York, at two o’clock on -Friday morning, we left in the train which carried forward her -passengers. On arriving at Canton, however, we found that the woman was -not the one we were in search of, so we immediately returned to -Providence, being satisfied that the murderer could not have taken the -Stonington route. In Providence we called upon Mr. George Billings, -detective officer, who, with several other officers, cheerfully rendered -us every assistance. We drove around the city to all the sailor -boarding-houses, and to all the railroad depots, questioning -baggage-masters and every one likely to give us information, but could -get no satisfactory clew, so we concluded they had probably come by the -Fall River route, and Captain Smith went down to the steamboat Bradford -Durfee, to make inquiry there. The deck hand remembered that on the -previous morning a sailor and a little sore-eyed woman and child came up -with them, and asked him if he knew any quiet boarding-house, in a -retired part of the city, where he could go for a few weeks. He told him -he did not, but referred him to a hackman, who took him off to a distant -part of the city. The hackman was soon found, and at once recollected -the circumstances, and where he had taken the party. It was then -arranged, to guard against accidents, that the hackman should go into -the house, and inquire of the landlady if this man was in, pretending -that two of the three quarter dollars which he had given him were -counterfeit. He went there, and the landlady told him that the man was -not in, but would be in that night. Arrangements were then made for a -descent upon the house at two o’clock on Saturday morning. At this hour -I knocked at the door, and at first the landlady did not seem inclined -to let me in. I told her I was an officer who had arrested the hackman -for passing counterfeit quarters, and as he had stated that he got them -from the sailor, I had come to satisfy myself of the truth of the story. -She opened the door, and we went up to this man’s room, some seven or -eight of us, and found him in bed, apparently asleep. I woke him up, and -he immediately began to sweat—God, _how he did sweat_! I charged him -with passing counterfeit money, because I did not want his wife to know -what the real charge was. We got his baggage together, and took him with -it to the watch-house. I searched him, and found in his pocket the -silver watch, since identified as Capt. Burr’s, also, his knife, pipe, -and among the rest, two small canvas bags, which have since been -identified as those used by the captain to carry his silver. In his -pocket-book was $121, mostly in five and ten dollar bills of the -Farmers’ and Citizens’ Bank of Brooklyn. There was no gold in his -possession. I didn’t take his wife’s baggage, and I felt so bad for her -that I gave her $10 of the money. Poor woman! as it was she cried -bitterly, but if she had known what her husband was really charged with, -it would have been awful. I took the $6 from the landlady that he had -paid in advance, because I didn’t know but the money might be -identified. When we got him to the watch-house, I told him to let me see -his hands, for if he was a counterfeiter, and not a sailor, as he -represented, I could tell. He turned up his palms, and said, “Those are -sailor’s hands.” I said yes, and they are big ones, too; and then I told -him I did not want him for counterfeiting, and he replied, “I thought as -much.” So I up and told him what he was charged with, and he declared -upon his soul that he was innocent, and knew nothing of the matter, and -was never on the sloop. I don’t think his wife knew anything about it. -Some time before he had picked up a yacht, and was to get $300 salvage, -and when he came home so flush with money he told his wife he had got -the prize money. I asked him if he would go on to New York quietly with -us, or stay in jail ten or fifteen days for a requisition. He said he -would go with us, and we started at 7 o’clock in the morning. He behaved -so coolly and indifferently that I at one time almost concluded we had -mistaken our man. At the New London depot there was an immense crowd of -people waiting to see the prisoner, and, when we went through the crowd, -they cried out, “There’s the murderer; lynch him—lynch him!” I told him -that I would shoot the first man who touched him. At every station after -that, as we came through there were large crowds curious to see the -prisoner. - - - THE IDENTIFICATION OF THE PRISONER. - -Soon after the arrival of the prisoner, the man John Burke, with whom he -had lived in Cedar street, was confronted with the prisoner, whom he -identified at once as William Johnson, the man who, with his wife and -child, had left No. 129 Cedar street on Wednesday afternoon, and went on -the Fall River boat. Mr. Simmons also stepped forward, and recognized -the prisoner as one of the hands who sailed from this port with Captain -Burr on board the sloop E. A. Johnson. Upon being asked if he knew -Captain Burr, he said he did not, he never saw him, and never sailed in -the vessel commanded by him. - -On Sunday afternoon, an old man, named Charles La Coste, who keeps a -coffee and cake stand near the East Broadway stage terminus at the South -Ferry, identified Johnson as the man who, on Wednesday morning last, at -about eight o’clock, stopped opposite to his stand, apparently looking -to see what he sold thereat, when he asked him if he wanted some coffee. -He afterward went into the booth and sat down, leaving what appeared to -be his clothes-bag outside against the railings. He had coffee and cakes -which amounted to the sum of six cents. When about to leave, he handed -him a ten dollar gold piece in payment, when he asked him if he had no -less change. He said he had, and pulled from his pocket a handful of -gold, silver, and some cents, and, abstracting half a dime and a cent -paid his bill. About this time some boot-blacks came round, and wanted -to black his boots. He looked down at his feet, and said his boots were -not worth the trouble. He then asked if he could get a carriage, when La -Coste told him it was too early; he ought to get into an East Broadway -stage, and ride up to French’s Hotel, as he had asked for the -whereabouts of a respectable place to put up at. To this suggestion he -demurred, when a newsboy came up to him, took hold of his bag, and -implored him for the privilege of conveying his bag to any given point -of the metropolis. The boy took the bag and followed the man. - -At a later hour the prisoner was brought from his cell and taken into -the officers’ room in the back part of the station-house, where a -promiscuous assemblage of men had gathered in. The prisoner took his -place among them. The boy, Wm. Drum, was then brought into the room, and -in a moment rested his finger upon the man whose clothes-bag he had -carried from La Coste’s stand to the house No. 129 Cedar street, one -morning last week, about eight o’clock; he did not recollect which -morning. The man thus pointed out was the prisoner. The same boy -immediately afterward saw the bag, and identified it as the one which he -had carried from the South Ferry to Cedar street. He asked Johnson fifty -cents for the job, but, on his refusal, he compromised, and took three -shillings. - -Abram Egbert was introduced in the same manner as the boy, and selected -Johnson as the man who spoke to him on the bridge of the Vanderbilt -landing, on Staten Island, last Wednesday morning, between six and seven -o’clock. He was not certain, but he thought he was the man. - -Augustus Gisler, the boy who sold Johnson the oyster stew, the eggs, and -the numerous hot gins, was also introduced in the same manner. He at -once pointed out Johnson, and said, “That is the man.” - -Another little boy, who had asked to black Johnson’s boots, at the South -Ferry, was introduced. He looked carefully through the crowd, repeatedly -fastening his eyes upon Johnson. The boy at last stopped opposite -Johnson again; the prisoner noticed this, made a contortion, and turned -away his face, when the boy said he could not see the man. The prisoner -was then taken back to his cell, and his baggage underwent an -examination in one of the rooms of the station-house. - -[Illustration] - -[Illustration: THE BLOOD-STAINED CABIN OF THE OYSTER SLOOP “E. A. -JOHNSON”] - -The first article identified was Capt. Burr’s watch, which was found in -the prisoner’s possession by the detectives who arrested him. This watch -the prisoner said he had had in his possession for 3 years. It was -handed to Mr. Henry Seaman, an old friend of Captain Burr’s, who after -looking at it for about half a minute, pronounced it to be Captain -Burr’s watch; but to be certain, he would not open it until he had -procured the necessary testimony to prove it. After a short absence he -returned with a slip of paper from Mr. Seth P. Squire, watchmaker and -jeweller, No. 182 Bowery, to whom it appears he had taken it to be -cleaned nearly a year ago, at the request of Captain Burr. The following -was the memorandum contained on the slip: - - +------------------------------------+ - | | - | MR. BURR, | - | D B Silver Lever Watch, | - | J. Johnson, Liverpool, No. 21,310. | - | Cleaned April 5, 1859 | - | by S. P. Squire. | - | | - +------------------------------------+ - -The watch was then opened, and the name of the maker and the number of -the watch found to correspond exactly with the name and number on the -slip. By this means the watch was fully identified. Two small bags, -which Johnson said he had made himself, were also identified by Mr. -Seaman, and Mr. Simmons, of Barnes & Simmons, as having been the -property of Captain Burr. - -Mr. Edward Watts, brother of Smith Watts, identified the daguerreotype -found in the pocket of a coat belonging to Oliver Watts, which was found -in Johnson’s clothes-bag, after his arrest, as that of a young lady -friend of his brother, living in Islip, L. I. - -Captain Baker, engaged in the oyster business in the Spring street -market, recognized the prisoner as a man whom he had seen on board the -sloop E. A. Johnson. He was certain of the man, as he had frequently -seen him. - -Mr. Selah Howell, taking a position right in front of the prisoner, as -he stood in his cell, at once identified him as the man who took supper -with Captain Burr and himself, on board the sloop, the night before she -sailed. - -Mr. George Neidlinger, the hostler who saw the man leave the yawl boat -on the Staten Island beach, just south of Fort Richmond, identified the -prisoner as that man. He also identified a glazed cap found in Hick’s -baggage as the cap he had on that morning. - -Mr. Michael Dunnan also identified Hicks as the man whom he had met on -the road between Fort Richmond and the Vanderbilt landing, last -Wednesday, about six o’clock. - - - HIS INTERVIEW WITH HIS WIFE. - -The wife of Hicks arrived in this city from Providence, on Sunday -morning, and in company with John Burk visited her husband at the -station house. She stated that on Friday evening last she got a New York -paper, and seeing in it the story of the “sloop murder,” proceeded to -read it to her husband in their room, but before finishing it he said he -was sleepy and wanted to go to bed, and she had better stop reading. - -When taken down to the cell in which her husband was locked up, she -broke out upon him in the most vituperative language, charging him with -being a bloody villain. She held her child up in front of the cell door, -and exclaimed, “Look at your offspring, you rascal, and think what you -have brought on us. If I could get in at you I would pull your bloody -heart out.” The prisoner looked at her very coolly, and quietly replied, -“Why, my dear wife, I’ve done nothing—it will be all out in a day or -two.” The poor woman was so overcome that she had to be taken away. She -subsequently returned to her old quarters, No. 129 Cedar street. - -On Monday, the prisoner Hicks, alias Johnson, was transferred to the -custody of the U. S. Marshal Rynders, and upon the filling of several -affidavits, he was committed for examination. - -Such is a brief account of this horrible tragedy, than which nothing -more calculated to excite public wrath has occurred in the neighborhood -of this city for a number of years. That Hicks is the man who committed -the triple murder on board the sloop E. A. Johnson, no doubt is -entertained, and no one will regret his speedy satisfaction to the -claims of public justice. - - - RUMORS IN RELATION TO HIS FAMILY. - -We have been favored by a gentleman with the following account of the -family of Hicks: The father of the prisoner lives at Gloucester, a few -miles from Chepatchet, Rhode Island. He used to be a collier in that -neighborhood, and had the reputation of being an honest man. About -fourteen or fifteen years ago he was employed by our informant. Simon -Hicks, the brother of Albert W. Hicks, alias William Johnson, was -several years ago sentenced to be executed for the murder of a man named -Crossman, under the following circumstances: Mr. Crossman lived in -Gloucester. He was an old bachelor, and lived alone. Simon Hicks and he -were very friendly, and Simon used to visit him very often. One night, -however, Simon went to Crossman’s house, broke in at the door while the -old man was in bed, and beat him to death with a club. He then helped -himself to several hundred dollars of the old man’s treasures, and in a -few days left for Providence, a distance of sixteen or eighteen miles -from Gloucester, taking with him a girl to whom he had been paying his -addresses. In Providence he bought her a gold watch, and various other -articles of finery. This lavish conduct caused suspicion, and he was -arrested. He was examined in Chepatchet, and afterward acknowledged his -guilt. He was subsequently tried in Providence, convicted of murder, and -sentenced to be executed. While awaiting execution, one of the prisoners -in the jail, whose time had almost expired, opened a number of the -cells, and there was quite a stampede of prisoners, among whom was Simon -Hicks. They were all recaptured within a few days, with the exception of -Simon Hicks, who has never been heard of since. This escape was deemed a -very strange circumstance, inasmuch as Simon was known to be imbecile -and unwary. His simplicity created much sympathy in his behalf. In -referring to Simon, our New York prisoner admitted that some strange -stories had been told about him, but he guessed they never amounted to -much. The last he had heard of his brother was that he had gone to -California. - - - THE LAST LETTER OF CAPTAIN BURR TO HIS WIFE. - -As everything connected with this mysterious and bloody affair must -prove to be of public interest, we republish an extract from the last -letter of Captain Burr, in which he speaks of William Johnson as a -helmsman, written to his wife from Coney Island, previous to the -departure of the E. A. Johnson on her ill-fated voyage: - - “This man, William Johnson, who lives in New York, is a smart fellow. - He went at the mast and scraped it while we were at Keyport, without - telling, while I was ashore. He is a good hand; can turn his hand to - almost anything. He is a ship-carpenter, he says, and has got quite a - set of tools. He understands all about a boat, only is not a very good - helmsman to steer the sloop nice when beating to windward; he - understands steering well enough other ways. It requires a man that - has been very much used to sailing a boat by the wind to steer fast. - We often get in company with vessels that are smart, when it requires - a nice helmsman; then it requires my skill more. Smith is a good - helmsman close by the wind. I don’t think Oliver is quite so good. I - will write the first chance after we get in Virginia. Should we have a - chance, we are going to Pionkatonk to see if we can get a load there. - That is about five miles short of the Rappahannock River. Selah knows - where it is. I have nothing more at present. Would like to see you - very much. - - “Your affectionate husband, ever, - “GEO. H. BURR.” - - - THE PRELIMINARY EXAMINATION. - -On his examination, the facts which have been related above were given -in evidence, upon which he was committed, and the Grand Jury found a -bill of indictment for robbery and piracy upon the high seas against -him. - - - - - THE TRIAL. - - -The trial commenced on the 18th of May, and lasted five days, during -which time the prisoner maintained a show of cold indifference to the -proceedings. - - - _May 14_—FIRST DAY. - - It being announced that this extraordinary and mysterious tragedy - would be brought to trial this morning, the court-room was densely - crowded. Judge Smalley said he was informed by the District Attorney, - that there were a large number of witnesses for the prosecution, and - as the District Court was larger than the Circuit room, the - proceedings would be conducted in the District Court-room. - -There were several women in court who are to be examined as witnesses. - -The prisoner stands charged with having, on the 21st of March last, made -a violent assault on George H. Burr, on the high seas, on board the -sloop Edwin A. Johnson, and there feloniously and piratically carried -away the goods, effects, and personal property of the said George H. -Burr, who was master of that vessel. The property consisted of about -$150 in gold and silver coin, a watch and chain of the value of $26, a -canvas bag, a coat, a vest, one pair of pantaloons, and a felt hat. The -second indictment is the same as the first, but charges the felony to -have been committed in the lower bay. - -The prisoner was also indicted by the Grand Jury for the murder of -George H. Burr, master of the Edwin A. Johnson, and two seamen -(brothers) named Oliver Watts and Smith Watts. As robbery on the high -seas is piracy, and punishable with death, the prisoner was placed on -trial now for the robbery only. - -The prosecution was conducted by ex-Judge Roosevelt, United States -District Attorney, and Messrs. Charles H. Hunt and James F. Dwight, -Assistant United States District Attorneys. Messrs. Graves and Sayles -defended the prisoner, who was unchanged in appearance, and exhibited -the same cool demeanor which had marked his conduct throughout the whole -case. - -The following Jurors were empannelled, after some challenges, and some -being excused for having formed and expressed an opinion: - - 1. Bernard McElroy, - - 2. Owen Foley, - - 3. John Coulter, - - 4. Geo. W. Jackson, - - 5. Jas. C. Rhodes, - - 6. Isaac Jerome, - - 7. Andrew Brady, - - 8. Robert W. Allen, - - 9. John Farrell, - - 10. James N. Fuller, - - 11. John McCalvey, - - 12. Benjamin Sherman. - -The following gentlemen were rendered ineligible, having formed and -expressed an opinion in the matter: William A. Martin, Jos. J. B. -Delvecchio, Dwight Johnson, Samuel Carson, Geo. Burbeck, John Latham, -Thomas M. Clarke, and John Green. - -The following gentlemen were challenged peremptorily by the prisoner’s -counsel: Robert Goodenough, Geo. H. Nichols, A. B. Lawton, and Oscar -Johnson. Daniel F. Leveridge was challenged for favor. - -Mr. Dwight proceeded to open the case for the government. - - - 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. - - - THE EVIDENCE. - -Selah Cowell was the first witness called, and being examined by Mr. -Dwight, deposed: I reside at Islip, Long Island; I know the sloop E. A. -Johnson; I built her myself; I am an American citizen; I owned one half -of her, and Captain George H. Burr owned the other half; he was an -American citizen; I saw the prisoner at the bar on board the sloop E. A. -Johnson, on the Wednesday evening before she left; she was at the Spring -street dock; she had been lying there a week; she cleared on Thursday, -15th; Captain Burr told me he was going to Deep Creek, Virginia, for -oysters; the crew consisted of Captain Burr, Oliver Watts, and Smith -Watts, and the prisoner; Captain Burr told me he shipped the prisoner as -mate; Captain Burr was about thirty-nine years of age, Oliver Watts was -about twenty-four, and Smith Watts about nineteen; I knew Captain Burr -for a long time; the color of his hair was dark; Oliver Watts had very -light hair, and Smith Watts had dark brown hair; I don’t know the -handwriting of the boys (Watts); I have seen considerable of Captain -Burr’s writing; I saw the E. A. Johnson at the Battery when she was -brought in by the harbor police; I saw the yawl boat of the Johnson with -the harbor police; she had that yawl boat before she left; I took the -Johnson to Islip; on examining the Johnson I found a valise—a square, -black, canvas valise—and some clothes; I brought them here (identifies -the valise); found the things now in it, and a knife in it; saw the -prisoner in the sloop the night before she sailed; saw him next in court -before the Commissioner. - -Mr. DWIGHT to the Court—The examination before the Commissioner took -place on the 28th and 29th of March. - -_Cross-examined by_ Mr. GRAVES—I had no conversation with the prisoner -when I saw him on board the sloop on the Wednesday; I never saw Captain -Burr since; Oliver Watts was a large man; he would weigh about 170 -pounds; Smith Watts would weigh, perhaps, 180 pounds; he was very large -for his age; Captain Burr was a small man; probably did not weigh more -than 125 or 130 pounds; it was after the examination before the -Commissioner—some four or five days—that I found the valise on board; I -gave it to Henry Seaman; I took the sloop over to Hoboken, lay there a -couple of days, and then took her to Islip; the Watts boys were on board -the sloop the Wednesday evening before she sailed. - -_Re-direct._—I have seen Captain Burr write; I had business transactions -with him for the last nine years; when the defendant was on board on -Wednesday evening he was dressed with a blue shirt and overalls, like -those I found in the vessel; I was on board about half an hour; I took -supper there; the prisoner was at supper also; he sat at the table with -us (shipping articles produced); I recognize the names, etc., here, to -be in Captain Burr’s handwriting. - -JOHN A. BOYLE deposed—I am enrollment and license clerk in the Custom -House (produces a book); the E. A. Johnson was enrolled on 3d of -December, 1858, as an American vessel (objected to by prisoner’s -counsel; admitted; exception taken.) - -DANIEL SIMMONS deposed—I reside at Keyport, New Jersey; I am in the -oyster business; I know the sloop Edwin A. Johnson; I had her chartered -last spring from this port to Virginia for oysters; the last time I -chartered her was on the 14th of March; I knew Capt. Burr for two years; -I sailed once with him; I think she left here last on Thursday morning -the 15th of March; I settled with Capt. Burr for his charter on -Wednesday afternoon, 14th March; I gave him $200 in silver coin, -quarters, halves, and ten and five cent pieces; I gave him other money. - -Mr. Graves objected to any proof of the payment of coin to the captain, -on the ground that the indictment did not warrant the allegation. - -The Court was of opinion that the objection was not well founded, and -overruled it. - -_Examination continued._—I paid him the balance of his charter money in -gold; two tens, two fives, a two and a half, one dollar in gold and a -half dollar; I gave it to him in a shot bag; it belonged to Capt. Burr, -but I had it in my safe, with the money in it, for some days before; I -did not know where the captain used to keep his money; there was a -secret drawer in the sloop where I kept money when I sailed with him; I -do not know that Capt. Burr ever kept his money there; I have seen that -bag since, when it was taken out of the prisoner’s pocket at the Second -precinct station-house; I saw it taken out of his pocket; there was -nothing in the bag then; there were two bags—I only knew one of them; I -saw the prisoner on board the sloop Edwin A. Johnson on the Wednesday -before she sailed, at the foot of Spring street—(bag produced); to the -best of my knowledge, this is the same bag that I gave the captain the -two hundred dollars in; I saw the prisoner on board in the forenoon of -Wednesday, and again in the evening; I think he had a monkey jacket on; -I saw the prisoner again, I think, at Keyport, on board the sloop; I was -about thirty yards from him; it was between daylight and dark; I could -not swear positively to him being on board at Keyport; the next time I -saw the prisoner was at the Second precinct station-house, when he was -brought back from Providence; it was on a Saturday; I had some -conversation with him; I asked him if he had ever seen me before; he -said he had not; this was in the back room of the station-house; Captain -Weed asked him if he knew me, and he said he did not; I told him I saw -him on board the Edwin A. Johnson, at Spring street dock; he said he -never was there, and did not know there was such a vessel; I asked him -if he knew Capt. Burr; he said he did not; that he never saw him and -never was on board the vessel; when I saw the prisoner on board the -sloop his whiskers were red and full; when I saw him after, his whiskers -were darker. - -_Cross-examined._—When I hailed the vessel at Keyport, I asked them -where the captain was; and I think the prisoner is the man that answered -me, but I am not certain; I had no conversation with the prisoner on -board the sloop at Spring street; the first time I spoke to him was at -the station-house; Captain Weed asked me if I knew him and I said I did; -I identify the bag by the strings; I have no other marks to identify it; -the bag was pretty nearly full; there was no hole in the bag I gave -Captain Burr; there is a hole in this one produced. - -DAVID S. BALDWIN deposed—I live at Islip; I know the prisoner; I saw him -on board the sloop on the 13th March; he was helping to get out oysters; -Captain Burr was not on board; the prisoner told me that he was going to -Virginia with Captain Burr for a load of oysters; he told me that night, -that if I wanted to go up town he would stay on board and mind the -vessel; I was cook; this valise I saw before; the prisoner handed it to -me when he came on board on the 13th; the prisoner did not stay on board -that night (examines the contents of the valise); I saw this knife -before with the prisoner, on board; he took it out to cut a piece of -string; I know it by this piece of the handle being rough, and the rivet -being bright; at that time the prisoner wore his whiskers as he does -now; I saw the prisoner on Wednesday morning on board the sloop at -breakfast; I did not see him again until to-day. - -_Cross-examined._—I had been cook with Captain Burr; I left the sloop on -Wednesday; Smith Watts took my place as cook; the prisoner first came on -board between six and seven o’clock on Tuesday morning; I never saw him -before; I don’t know how he came to tell me he was going to Virginia -with Captain Burr; the captain told Johnson if he wanted to go up town -that night he could go; Johnson said to me if I wanted to go he would -stay on board. - -JAMES H. BACON deposed—I am in the oyster business; I know the prisoner -at the bar; I saw him on board the E. A. Johnson on the 13th March; I -was there two days getting out oysters; Johnson was there shovelling out -oysters; he wore his whiskers same as he does now; he had a check shirt, -short coat, and comforter about his neck; I next saw him after his -arrest, when I was called on to identify him. - -_Cross-examined._—I reside at Port Richmond; I was examined before the -Commissioner; he was working on board the boat helping me to fill out -the oysters; I think he had a dark pair of pantaloons and a Kossuth hat; -I think in the morning he had on a monkey coat, and when he went to work -he pulled on a blue shirt; I had no conversation with him more than to -tell him to fill the baskets a little fuller. - -REUBEN KEYMER deposed—I am in the oyster and fish business; I knew of -the sloop E. A. Johnson being at Gravesend in March last; I don’t -recollect the date; she came there on Sunday and left on Tuesday night; -the next day (Wednesday) I saw the sloop towed up by a steamer; I saw -the prisoner the day the sloop sailed from Gravesend; he came ashore -after one of the Wattses; it was just at sunset; he came ashore in the -yawl boat; the sloop was about one hundred yards off; the prisoner was -sculling the yawl; I was afraid he would run foul of me; the prisoner -and Watts returned to the sloop in the yawl boat; the prisoner was -dressed in a coat of the description of the one produced; I watched the -sloop going out; she went southwest to clear Coney Island, and then she -took a southerly course (a chart of the bay produced—the witness -describes to the jury where the sloop lay, and her course); I saw her -three miles out to the east of Sandy Hook; the wind was west northwest; -the sloop was going about eight knots an hour; when she got out, she set -her flying jib; at the rate she was going she would pass Sandy Hook in -about an hour; when I saw Johnson come ashore from the sloop, I think I -recognized the boy that went back with him as one I had seen on the -sloop the day before. - -_Cross-examined._—I was not well acquainted with any of them except -Capt. Burr. I am certain of the prisoner being the man who sculled the -yawl; I told the man in my boat not to run into him; I turned to the -prisoner and said to him, “Now I suppose you are going to give it to -her;” I was in a row boat; we were rowing our boat; I next saw the -prisoner in Court before the Commissioner; I think I stated before the -Commissioner that the prisoner had a monkey jacket on when I saw him in -the boat; I stood about five minutes on the shore and then went to my -house; I saw from the house about three miles out; if she kept the -southerly course I suppose she would have fetched up about the -Highlands, below Sandy Hook; she made a straight wake. (Witness again -described the course of the sloop on the chart.) - -CHARLES BAKER deposed—I live at Gravesend; I knew Capt. Burr; I know the -sloop E. A. Johnson; I saw her in March last at Gravesend; I saw Capt. -Burr come ashore at Gravesend bay; knew Smith and Oliver Watts by sight; -I saw the prisoner Johnson come ashore and take away one of the hands; I -saw the sloop go away in about eight or ten minutes after the prisoner -and the young man got on board; Capt. Burr was on board; there were four -on board altogether. - -_Cross-examined._—The young man had a small bundle under his arm; never -saw the prisoner before that; had no conversation with him; he was a -stranger and I took a little more notice of him than if I knew him; he -had a kind of monkey coat on; he had whiskers; he had none on his upper -lip then that I could see; I was not nearer to him than the length of -this room; I did not see which of the Watts boys went along with him. - -JOHN S. WHITWORTH deposed—I live in Gravesend; I saw the prisoner at -Gravesend beach on the 19th or 20th of March last; he came ashore in a -yawl boat; I saw him raise the bow of the boat on the beach; I was -painting a vessel at the time; the boat was not more than a few minutes -there when I saw her go back again toward the E. A. Johnson, which was -about 100 or 120 yards off; I saw the prisoner on the day following; he -came ashore in the yawl boat; I did not see him go back to the sloop -that day; I don’t think he had any coat on on Monday; I think he had a -monkey coat on on Tuesday. - -_Cross-examined by_ Mr. SAYLES.—The next yawl boat was coming ashore -when I left off work on Tuesday; I went away before she came to the -beach; the prisoner’s side was to me when he pulled the boat on the -beach on Monday. - -By the consent of counsel the jury were permitted to separate after -suitable caution from the Court not to converse with any person on the -subject of this trial. - -Adjourned to Tuesday at ten o’clock. - - - SECOND DAY. - -RICHARD ELDRIDGE, examined by Mr. Dwight, deposed that he saw the sloop -E. A. Johnson at Gravesend on the Sunday morning and Monday; went on -board of her; saw Captain Burr and the two Watts boys, and Johnson, the -prisoner, on board; saw Johnson on board the sloop first on Sunday, -Monday and Tuesday. I went out in the Sirocco, in company with the -sloop, past Coney Island; we were bound up to the Health Office; it was -about sunset when we went out; Captain Burr, the two Watts boys, and -Johnson were on board when she left; she went on the usual course of -southern vessels; I took a letter from Captain Burr to his home; Johnson -wore a beard same as now, but no moustache on the upper lip; never saw -the prisoner since until yesterday. - -_Cross-examined._—Knew Captain Burr well for years, and also knew the -Watts boys; I did not know the prisoner before that time; I had no -particular conversation with him; Captain Burr told me he was going to -Virginia. - -GEORGE NEIDLINGER deposed—I live on Staten Island, at Port Richmond; I -saw Johnson, the prisoner, at six o’clock on the morning of the 21st of -March; I was standing at the barn door; he came up to me and asked me if -there was any one to interfere with his boat, and I said no; he left his -boat on the south side of the fort, and he came from that direction; he -told me he left the boat “back there;” I afterward went there and saw -that the boat had been hauled up by some boys; the harbor police came -for the boat and took it away the next evening; there was nothing in the -boat that I could see but some sand, oyster shells, and oars; the -prisoner went toward the Vanderbilt landing; he had on a monkey jacket -and a Kossuth hat—(jacket produced)—it was like this; he had a bag, like -a feed bag, which he carried on his shoulder—(witness described on the -diagram where he saw the prisoner)—he landed on the point below Fort -Tompkins; Vanderbilt’s landing is about two miles from Fort Tompkins; -the prisoner wore his whiskers pretty much as they are now, only he had -no hair on the upper lip; at the examination before the Commissioner he -had no whiskers on the side. - -_Cross-examined._—Had never seen the man before; he had no conversation -with me except to ask if any one would interfere with his boat; he had a -monkey jacket and Kossuth hat, but I did not notice his pants; I made a -mistake before the Commissioner in stating that the jacket came down -below the knees; I meant to say that it came down to his hips; I -corrected myself. - -To the COURT.—I think I changed my testimony before I left the -Commissioner’s Court. - -_Cross-examination continued._—I saw the prisoner put on the coat before -the Commissioner, and then I changed my mind. - -To Mr. DWIGHT.—I am not an American; I am a German. - -MICHAEL DURNIN deposed.—I live at Staten Island; I know Hicks, the -prisoner; I saw him on the 21st of March; I was going down to Port -Richmond, and met him with a bag on his shoulder; he bid me good -morning, and I bid him the same; he asked something about his boat; he -went toward Vanderbilt’s landing; he had a bag on his shoulder, like a -feed bag. - -This witness was not cross-examined. - -AUGUSTUS GUISLER deposed—I live at Stapleton, but attend bar at -Vanderbilt’s Landing; I know the prisoner; I saw him on Wednesday -morning, 21st March; he came to our shop, and said he wanted something -to eat; he asked me if I had any coffee, and I said not, but told him -where to get it; he went out and came back again, and said they were not -up; he asked for eggs, and invited Mr. Hickbert to take a drink; he -showed me a $10 gold piece, and asked me if I wanted it; I said, “No, -sir, I have not change for it;” he then took some silver and paid me; I -would not know the bag; the coat he had on was like that produced; it -had patches on the elbows like this; Mr. Hickbert asked him if he was a -seafaring man; he told Mr. Hickbert that he was captain of a sloop; that -he had been run into, and one man was killed, and another knocked -overboard; he said he was down stairs asleep at the time, and had only -time to get his clothes and the “needful” (at the same time shaking the -bag), and come ashore in the yawl boat; the bag in which he had his -money was something like this one produced; he took the $10 gold piece -out of the bag; he was about twenty minutes in our shop. - -_Cross-examined._—I didn’t count the money; Mr. Hickbert did not count -it; I did not see the bag in his hand when he first came; he did not -take it out of his pocket; he had a handkerchief in his hand; when he -offered me the gold piece, he had the bag in his hands, leaning against -the bar; he finally put his hand in his pocket and paid me; could not -tell whether the bag was full or not; it looked like this bag; I have -seen a good many shot-bags; I am seventeen years of age; I next saw the -prisoner at the Second Ward station-house; Captain Weed sent for me; -they told me they thought they had the man; I went there and identified -him. - -To the COURT.—There were thirty or forty persons in the station-house at -the time; I picked him out; no one pointed him out to me; I asked -Captain Weed where he was; he said he would not tell me; that I was to -point him out; there were others there; they all identified him but one -little boy; the people were not mostly in policemen’s dress; there were -all kinds of clothes. - -ABRAHAM S. HICKBERT deposed that he saw the prisoner, on the 21st March, -at the Vanderbilt ferry, at about half-past six o’clock; he asked me -where he could get something good; I showed him; he went in and asked -Augustus, the barkeeper. This witness corroborated the last witness as -to the conversation with the prisoner, and further added that he told -him that the vessel he was on was the William Tell; that he had been run -into by a schooner, and one man was killed against the mast, and another -knocked overboard. The prisoner shook a bag in his hand when he said he -had only time to save the one thing needful. - -_Cross-examined._—I had never seen him before, to my knowledge; I cannot -tell exactly how he was dressed, nor whether he had whiskers; I should -think the man was about five feet eight inches; I did not take -particular notice of his height; he said he was on the William Tell, and -had been run into that morning in the lower bay. - -To the COURT.—Next saw the prisoner at the police station-house; -identified him there by his face; he was not pointed out to me by any -one. - -To Mr. GRAVES.—To the best of my belief, he is the man I saw at -Vanderbilt’s landing; I would not like to swear right up and down that -he is the man. - -FRANKLIN E. HAWKINS deposed that he is captain of the sloop Sirocco; I -knew Captain Burr and the Watts boys; heard Captain Burr say he was -going to write a letter home; saw the prisoner on board the sloop E. A. -Johnson; my vessel was lying at Coney Island, and the sloop Johnson was -lying at the same place; on the Sunday before she sailed I went out with -her; Johnson came ashore in the yawl boat on the evening before the -sloop sailed; Richard Eldridge took the letter from Captain Burr to his -home in Islip; Captain Burr had dark hair; one of the Watts boys had -light hair and the other a little darker; I do not know Captain Burr’s -watch. - -_Cross-examined._—The prisoner met me when he came ashore on Tuesday, -and asked me if I was Oliver; I had no conversation with the prisoner; -heard him talk with the captain; I can swear positively that this is the -man. - -PATRICK MCCAFFREY deposed—I am a deck hand on the Staten Island -ferry-boat Southfield; I know the prisoner; I saw him in the gentlemen’s -cabin about seven o’clock on the morning of the 21st of March; I was -brooming off the cabin; he was sitting down, and he called me over and -asked me if I was a judge of this country’s money; that he was afraid -them fellows were cheating him; I said I was a pretty good judge of gold -and silver, but did not know much of bills; he asked me to count the -money; I counted out three or four gold pieces and told him what they -were; the bag was a kind of a shot bag; he asked me where the water -closet was and I showed him; he told me to mind his canvas bag and he -would give me the price of my bitters (identifies the coat); my -attention was particularly called to the coat by it being bare in some -places and having patches on the elbow. - -Mr. DWIGHT asked that the prisoner now put on the coat. - -The JUDGE said that he could not compel the prisoner to do so, as it -might aid other witnesses for the prosecution, who are now in court and -have not yet been examined. - -_Examination continued._—Next saw the prisoner in the Second Ward -station-house; he denied having ever seen me; I looked all around the -station-house, and when I saw him I said, “There’s the man.” - -To the COURT.—There were forty or fifty in the station-house; my -attention was not directed to him; no one pointed him out to me. - -_Cross-examined._—Had never seen him before I saw him on board the -Southfield; he had whiskers up to his ears, but no moustache; his -whiskers were blacker when I saw him in the station-house than they are -now; I have not a doubt about the coat; I can swear positively to it and -the man; I cannot swear positively to the shot bag; I was born in -Ireland; I am only two years here; I have lived at Staten Island ever -since; I have been a coachman, and have been now nearly eighteen months -on the ferry-boat; I can’t tell how many passengers were in the -ferry-boat that morning. - -WILLIAM DRUMM, a lad, deposed that he met the prisoner on a Wednesday -morning, about eight o’clock; can’t tell when; met him at the South -ferry; it was about the 21st of March; I saw him at a coffee and cake -stand at the ferry, kept by Charley McCosten; he got a cup of coffee and -a piece of pie; he put down a gold piece, and the man said, “Oh, ——, -have you no smaller change than that!” he then gave him something else. -I carried Johnson’s bag to the corner of Cedar and Greenwich streets. I -asked him fifty cents, and he gave me three shillings, and said if I did -not go out of that he would kick me (laughter); there was a Dutchman -there who told him two shillings were enough; I pointed out the prisoner -on the following Sunday, in the station-house. - -_Cross-examined._—I testified before the commissioner that the bag was -very heavy and cut my shoulder, and that it did not seem to be filled -with clothes; I stated before the commissioner that the prisoner wore a -greyish coat; I saw him first at the coffee stand; he wanted a carriage -first. - -PATRICK BURKE, deposed—I know the prisoner for about three years, by the -name of William Johnson; he had a room from me in Cedar street, near -Greenwich; the last time I saw him was on the Wednesday before his -arrest; I did not remark his dress; he had nothing with him that I saw; -I saw him again that day, in my house, about four o’clock; I saw some -bills with him that day; I do not know how much; I do not know that he -made any change in his clothes or his whiskers; he went away by the boat -that evening; he took his wife and child with him; he took some things -with him; he left a ship’s instrument (a compass, I think) behind at my -house; I had no conversation with him that day more than to bid him the -time of the day; he always paid me my rent like an honest man. - -_Cross-examined._—I think it was before noon I saw him with the bills in -his hands; often saw bills with him before. - -CATHARINE BURKE, wife of the last witness, corroborated her husband’s -testimony; Johnson did not say anything about what voyage he was going -on the last time he went to sea. - -_Cross-examined._—I had seen the prisoner with money on previous -occasions. - -ALBERT S. JAMES, broker, deposed—I saw the prisoner first on Wednesday, -the 21st March, at my office in South street; he asked me to take some -silver at as low a rate as possible; I had engaged to take some silver -from the market, and asked him if he came from there; he said no; the -“Cap” was sick; that he came honestly by the money; I changed about $135 -in silver, and $35 in gold; it was in a bag and tied up in a -handkerchief. (Handkerchief and bag produced.) I think that is like the -bag but cannot identify the handkerchief; a man came into the office and -the prisoner seemed to hesitate, and did not seem to want to open the -bag before the man. - -_Q._ What did you give him in exchange for the gold and silver. - -_A._ I gave him $130 in Farmers’ and Citizens’ Bank of Williamsburg, -Long Island; their denominations were tens, fives, threes and twos; I -counted the money; the prisoner did not appear to count the money after -me; he did not see how much there was. - -RICHARD O’CONOR, cartman, deposed—That he saw the prisoner on the 21st -of March, and took his baggage to the Bay State (Fall River boat); the -prisoner walked, and I saw him at the boat afterward. He told me if any -one inquired where he was going, to tell them it was none of their -business. When they were taking the luggage out, a woman asked him where -they were going, and he said they were going to Albany to live on a -farm. - -Witness was not cross-examined. - -GEORGE NIVENS, officer of second precinct, deposed—That he understood -that a man answering the prisoner’s description had left in the -Stonington boat, but traced him to Providence, where he arrested him in -a boarding-house. I found the hackman who had conveyed Johnson, and he -took me to the house; I found him in bed with his wife; I shook him up -and searched him; I found on him a watch; I took away two trunks, two -bags, two handkerchiefs, and a knife, a pocket-book, and some -bed-clothing, which he claimed to be his. (Identifies the watch, -pocket-book, and bags; cannot identify the handkerchiefs.) I found in -the pocket-book $121 in bills on the Farmers’ and Citizens’ Bank of -Williamsburg, mostly fives and tens; there are some ones; there are also -some on the Lee, Huguenot Bank, and City Bank of Brooklyn; when I -arrested him first I told him I arrested him for passing counterfeit -money; I did not make any statement to him at the station-house in -Providence; I believe Mr. Smith did; I brought him to New York next day; -he told me that the watch belonged to his brother; he said he had not -been in New York or Staten Island during the month of March; that he had -been speculating around the market, and had about $60; at another time -he said he got the money from his brother; on counting over the money in -the pocket-book I found there were $121 in it; when I informed him in -the cars of the charge against him, he denied all knowledge of Capt. -Burr and the sloop E. A. Johnson. - -_Cross-examined._—At the time I had the conversation with him in the -cars he was in irons; he did not tell me that he could not read or -write. - -To Mr. DWIGHT.—When I arrested him in Providence he told me his name was -Hicks—Albert W. Hicks. - -ELIAS SMITH deposed—That he was with Nivens when he made the arrest. - -The COURT.—Are you a police officer? - -Witness.—No, sir; I am a reporter of the _Times_. - -To Mr. DWIGHT.—The prisoner denied all knowledge of the sloop E. A. -Johnson or Captain Burr; he said he had not been in New York for two -months; I understood him to convey the idea that he had been in -Providence for two months (identifies the watch and pocket-book as those -taken from the prisoner in Providence); I cannot identify the clothing; -I addressed the prisoner at the station-house, and said to him, “Hicks, -you are charged with the murder of three men;” he said nothing; I then -changed the language and said to him, “You are charged with imbruing -your hands in the blood of three of your fellow men for money;” the -prisoner shook his head and said, “I do not know anything about it;” I -then said to him, “You have been on board the sloop Edwin A. Johnson;” -he shook his head and said he did not know anything about it, and was -never on it; Mr. Nivens read the newspaper accounts of the transaction -to him; he said he did not care much about the arrest except for the -interruption to his business, as he had purchased a place in Providence; -I told him he would be identified when he got to New York; he said we -might think what we liked; he seemed annoyed at our pressing the -subject. - -_Cross-examined._—I never found out how much he had paid; I said to him, -“If you are innocent, then you are willing to go back to New York?” -after hesitating, he assented; Detective Billings, of Providence, was -with me when he signed the agreement to come back. - -[Illustration: SCENE OF THE FIRST CONFLICT ON BOARD THE SLOOP “E. A. -JOHNSON,” WITH THE BLOOD-STAINS ON THE DECK.] - -[Illustration: PORTRAIT OF OLIVER WATTS.] - -[Illustration: PORTRAIT OF CAPT. GEORGE BURR.] - -SAMUEL M. DOWNES deposed—I am captain and pilot of the steamtug Sirius; -I picked up the sloop E. A. Johnson on the East Bank, near the Romer, -about half-past six o’clock in the morning; I brought her to this city, -and left her in the river at the foot of Fulton Market; the bowsprit of -the sloop was broken off about midway; the jib hung overboard; there was -no small boat on board; I boarded the sloop; one of the men of the -schooner Telegraph had boarded her about the same time (witness -describes the appearance of the sloop on a model produced in court); -there were pools of blood on the deck, and the cabin appeared as if some -one had been slaughtered there; there were marks of a hand, as if -struggling, and then there appeared to be a blow of a hatchet where the -hand mark was, as if it was cut; the blood flowed down to the scuppers; -there were evidences of a scuffle; there was a mark of a foot in the -blood, as if some person with a boot or a shoe had stepped in it; the -appearance of the blood from the companionway seemed as if some person -had been dragged from there and thrown overboard; there was some hair -found in the pool of blood forward; it was dark brown hair; I did not -remove the hair or anything on board; I brought her to New York; arrived -about half-past ten o’clock at the foot of Fulton Market, and gave her -up to Captain Weed of the Second Precinct. - -_Cross-examined_, but nothing material was elicited. - -_Re-direct examination._—The wind was blowing north-northwest, which -would bring the sloop out to sea. - -HART B. WEED, examined by Mr. DWIGHT, deposed—I am captain of the Second -District police; I examined the clothes brought by Nivens from -Providence; there were coat, pants, vest, and some flannel clothing -contained in a bag used for feed; the clothes produced—coat, vest, and -pantaloons—are those given to me by Officer Nivens; there was also a hat -(several other articles of clothing produced); these were either found -in the trunk or the bag; I recollect finding a daguerreotype in the -trunk or bag (produces it); I sealed it up and gave it to the clerk of -this court. (The daguerreotype is of a young lady, and is said to be -that of the sweetheart of one of the Wattses.) I was at the -station-house when the prisoner was brought there; he said he knew -nothing about it; I asked him if he knew anything about the vessel or -the murder, and he said “No; he knew nothing about it, and had not been -in New York, Staten Island, or Long Island for some time; Dr. Bonton, -the coroner’s assistant, accompanied me to the sloop; we found a lock of -brown hair—human hair—lying partially in a pool of blood on the deck; I -gave the hair to the Assistant District Attorney; it was sealed up in -the manner of this package produced; I cannot now swear that this is the -hair; it was then clotted with blood; I also found hair on the -coffee-pot in the cabin; I gave that to you (Mr. Dwight); (another -package produced) this is the hair found on the coffee-pot; the blood -had the appearance as if a person lay down and the blood flowed at each -side.” - -The cabin had a great deal of blood and had the appearance of being -washed down; I found a bucket, with a rope, which appeared to be used in -taking up water; I found a broom there; there was blood and hair on the -rope attached to the bucket; sails and other things had been removed -out; there were holes bored in the deck; we found an auger with blood on -it; the auger fitted the holes in the deck; the coffee-pot was lying -behind the stove, it seemed to be bruised; there was hair on it; we -searched under the companionway and found a lead line there; we found -some secret drawers; I saw the valise that was identified here yesterday -in the cabin of the sloop; we found spots of blood on the ceiling of the -cabin, and on each side of the door, as if a person had been drawn out -of it; there were three cuts on the ceiling, which appeared to have been -done with a sharp instrument; we found cuts on the clothing of the -captain’s berth; the railing had the appearance as if a hand was on it -and had been cut; we saw marks which seemed as if a person with bloody -clothing had been shoved down the side of the vessel; there was blood on -the stove and wood in the cabin; the cabin was in a deranged condition; -I received some tackle from Captain Nickerson, which consisted of some -of the gearing of the vessel; I took them down with one of my men, who -had been a sailor, and we found they corresponded with the bowsprit of -the Johnson. - -_Cross-examined_ (a shirt and linen coat produced).—These are the -clothing we found in the captain’s berth with cuts on them; there was no -blood on them nor on the bed; they had the appearance of being clean and -folded up; I partially examined the prisoner to see if there were any -marks on him; I found no fresh marks of violence on him; I lifted his -shirt and looked at his body; I looked at his arms; I saw the figure of -an eagle printed in India ink. I saw no other marks on his arm. - -The hour of adjournment having arrived, the Court adjourned to ten -o’clock Wednesday morning. - - - THIRD DAY. - -The court was densely crowded at an early hour. - -THEODORE BURDETT, examined by Mr. Dwight, deposed, that he is a -policeman belonging to the harbor police; I found a boat about seven -o’clock on Thursday, the 22d of March, the day after the sloop was -brought up to the city; I found the boat fifty yards to the southward of -Fort Richmond; Hickbert and Gresler (the two witnesses) gave me -information where I could find the boat; I saw the hostler of the fort; -he gave me the oars and half an old boot, and a piece of an old stump of -a broom; I went to the sloop and found Mr. Selah Howell, the owner; I -showed him the boat as it lay at the slip; he claimed it, and took it -away. - -To the JUDGE.—This was at the police station. - -SAMUEL J. CONOVER deposed—I am a watchmaker, doing business with Mr. -Squire, No. 182 Bowery; I remember repairing a watch about a year ago -for a person named Burr; it was on the 6th of April, a year ago; it was -not Mr. Burr himself who brought it; it was left by a gentleman whom I -saw in the court yesterday; the person who left it took it away I -presume; it was a double case silver watch; the maker’s name J. Johnson, -and the number 21,310. (Looks at the watch.) This is the watch that I -repaired; I do not know the guard; I don’t know that I ever saw Capt. -Burr. - -_Cross-examined._—In giving a description of the watch and its number I -am aided by a record which we keep at the store; I am pretty sure I made -the record before it was repaired; the record is in my handwriting. (The -witness was requested to send for the record.) - -HART B. WEED, recalled, deposed—That the dark hair produced is what I -found in the cabin; this other (the light hair) I found forward of the -mast, on the deck in a pool of blood. (Witness here selected and showed -out the clothes brought from Providence in the trunk and bag.) I have -now a bag in my hand in addition to the things produced yesterday; the -contents were taken out of a green chest brought by the officers from -Providence. - -_Cross-examined._—I cannot enumerate all the articles found; I did not -find any jewelry; I do not know if any one took a list or description of -the articles. - -_Re-direct examination._—I now recollect that I found the daguerreotype -produced yesterday (of a young lady) in the breast pocket of this coat, -(a dark frock coat). - -HENRY SEAMAN deposed—I reside in Brooklyn; I was acquainted with Capt. -Burr for fourteen or fifteen years; I saw him on the Tuesday before he -left; I know Capt. Burr’s watch; I had it in my hand on the Tuesday; it -was at my house, and he (Capt. Burr) took it away that evening; I -recollect leaving Capt. Burr’s watch to be repaired at some store in the -Bowery, a year ago last April; I did not go after it again; I know it by -its general appearance, and by the guard, and the way the guard is -knotted; I knew the sloop Johnson, and its yawl boat; I saw the yawl -boat at the police station after the sloop had been towed in to the -city; it was on the 22d or 23d of March last; saw the yawl boat on the -sloop the time she was here before the last trip; I do not know the -prisoner; Captain Burr was a man of about five feet seven or five feet -eight inches in height. I found the ship’s papers in the cabin, at the -head of the captain’s birth; I gave them to Captain Weed, of the Second -Ward station; I knew the Watts boys; Oliver was about five feet nine or -ten, and weighed about 180 or 185 pounds; he was the light-haired one; -Smith Watts was taller, and weighed about 175 pounds; I do not know -Smith Watts’ writing. - -_Cross-examined._—I had the watch in my hand probably fifteen or twenty -minutes; it was on the Tuesday before the Thursday that he sailed; I -don’t think I said before the Commissioner that it was the Tuesday week -before he sailed; I do not know why I took the watch in my hand; I had -no idea that I should be called on to identify it; I left it at Mr. -Squire’s store to be repaired; I did not go for the watch; I remember -the number of the watch, 21,310; the number was marked down on the boom -of my cart by Captain Burr when he gave it to me at foot of Spring -street; I did not state that fact before; I have since sold the cart; -Captain Burr’s wife and my wife are sisters. - -To Mr. DWIGHT—Captain Burr carried the watch for four or five years. - -Mr. CONOVER—(recalled and produces the record).—It is as follows: - - +---------------------------------------------------+ - | MR. BURR | - | D. B. Silver watch, | - | J. Johnson, Liverpool, 21,310. | - | Dld. | - +---------------------------------------------------+ - -_To prisoner’s counsel._—I can’t say to whom I delivered the watch; my -impression is that I delivered it to the gentleman who left it, but I am -not certain; it was there about a week. - -CATHERINE DICKERSON, a girl about seventeen years of age, deposed: I -knew Oliver Watts; I saw him last on the Tuesday of the week he sailed; -I do not know the date; I gave him my daguerreotype. - -Mr. GRAVES objected to this testimony. - -The COURT said he deemed the evidence was proper and important; it had -been proved that a daguerreotype was found in a coat, and if the -prosecution can prove that that coat belonged to young Watts, and that -this is the daguerreotype this witness gave him, it will go far to -connect the prisoner with the transaction on board that sloop. The Court -thought the evidence not only eminently proper, but very material and -important testimony. - -_Witness continued._—When I gave him the daguerreotype he put it in his -coat pocket; I saw that coat since in the District Attorney’s office -(coat produced in which Captain Weed found the daguerreotype); I think -this is his coat and this the pocket he put it in; he then jumped into -the cars (daguerreotype produced); this is the same one I gave him; I -don’t remember any of the other clothes of Oliver but the coat. - -_Cross-examined._—The coat was shown me in the District Attorney’s -office; they showed me one coat and asked me if it was Oliver’s, and I -said not; they then showed me the other, and I said it was Oliver’s; I -identify it from the yellow lining in the sleeves, and the cloth being -worn off the button; it was on the sidewalk, right by the cars, I gave -Oliver my daguerreotype. - -HARRIET ROBINSON (mother of the last witness)—My former husband’s name -was Dickerson; I knew Oliver Watts for three or four years; he used to -stay at my house when home from sea; he had not all his clothes when at -my house last; he had a pair of pants which he took away with him; he -wore on that Tuesday his best coat; I should suppose this (the coat in -which Captain Weed found the daguerreotype) to be the coat; I know it -from the lining, etc.; he said he gave $16 for it; the other I think was -his every day coat. - -_Cross-examined._—Nothing material elicited. - -ABBEY HUBBARD deposed—My first husband’s name was Watts; I am the mother -of Smith Watts; the last time I saw him was on the 7th of March; he -started to go with Captain Burr to Virginia (identifies a portion of the -clothes belonging to her son, Smith Watts); I patched this shirt myself; -this bag has the initials of my present husband, Lorenzo Hubbard, on it; -I put my son’s clothes in it that morning myself; I knew the shirts; I -cut them myself, and had them sewed; he was very large, and could not -get shirts to fit him; I cut them in the old fashioned way myself; I -have had no tidings of him since, only that I suppose he was murdered. -(Sensation in court.) - -_Cross-examined._—I reside at Islip; I am not any relation of Captain -Burr’s family, but I was acquainted with him for fourteen or fifteen -years. - -_Re-direct examination._—Witness exhibited further signs in stitches and -patches, by which she positively identified her son Smith Watts’ shirt; -the pantaloons have a new pocket, which I put in, as he had worn out the -other one; all those things that I have identified my son took away with -him in the bag which has my husband’s initials on it. - -The cross-examination was a mere repetition of her direct testimony. - -To Mr. DWIGHT—(Handkerchief produced by officer Nivens, shown to -witness)—This was Smith Watts’ handkerchief; I have washed and done it -up for him for two years, and never saw one like it. - -Mrs. HUBBARD, who gave her testimony clearly, and maintained her -self-possession on the witness stand, burst into tears, and continued to -weep for some time after she retired from the body of the court. - -DIDEME BURR (the widow of Captain Burr, dressed in deep mourning) was -called to the stand and deposed—My husband, Captain George H. Burr, left -home on the 8th of March last; I have never received any tidings of him -since, save in connection with this affair; I think I should know his -watch from the case and its general appearance, and by the guard (watch -handed to Mrs. Burr); this is the same kind of a case; I should say it -is the same watch; he carried it some nine years, as near as I can say; -(ship’s articles produced) I think the filling up in this paper is in my -husband’s handwriting; I saw some of his clothes in the Second Ward -station-house; (Kossuth hat produced) he had a hat like this, which he -wore from home; this was his shirt; he took this from home with him; I -know it by a piece across it, which he put in himself, on board the -sloop; those pantaloons I think were his; the suspenders are precisely -like those he had on when he went away; he had a vest the same cut and -color of this produced; he did not have it home with him the last time; -I could not say positively, but I think it is his; this black -handkerchief was his; I hemmed it myself. - -_Cross-examined._—My husband had more than one coat; he often bought -clothes, and brought them on board the sloop; I first identified these -clothes at the station-house. - -Mr. DWIGHT said that these were all the witnesses for the prosecution, -with the exception of Captain Nickerson, of the brig which had had the -collision with the sloop E. A. Johnson. He had been telegraphed to -Boston, and as he was a willing witness, they expected him by every -arrival. He sails between Philadelphia and Boston, and it may be -possible that he (Captain Nickerson) had been detained at sea. - -The counsel for the defence intimated that their testimony would not -occupy much time, and they would probably close to-morrow. They -preferred, however, that the prosecution should exhaust their case -first. - -The Judge said he would allow a reasonable time for the appearance of -Captain Nickerson. - -Mr. DWIGHT said that Mrs. Hubbard wished to correct her testimony as to -date. - -Mrs. HUBBARD again took the witness stand, and said that she saw her -son, Smith Watts, last on the 13th of March, Tuesday, and not on the -7th; she was confused when she first came up, and made a mistake as to -the date. - -The Court then adjourned to ten o’clock on Friday morning. - - - FOURTH DAY. - -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. - - - FIFTH DAY. - -At the meeting of the court this morning, some delay was occasioned by -the absence of the leading counsel for the prisoner. - -Mr. SAYLES, junior counsel for the prisoner, said—May it please the -Court, my associate, Mr. Graves, is not present. I have learned that he -went to Twenty-seventh street to see his uncle last night, and I have -not seen him since. I would therefore ask a short delay. - -The COURT.—There may have been some accident; you had better send and -inquire. The Court will wait a few minutes. - -Mr. C. H. Hunt, the Assistant District Attorney, said, if the Court -please, this will not, of course, prevent our doing all we proposed to -do. We have to inform the Court that Capt. Nickerson, whose testimony we -were anxious to obtain, has not arrived, and we do not suppose we shall -have his testimony to-day. It is proper I should state, also, that we -have never regarded his testimony as indispensable in any sense, for if -we had we would not have consented to proceed with the trial without his -being present. We have, however, regarded his testimony as very -important, as giving completeness to the chain of facts which we had it -in our power to present to the Court and jury; and in this view of the -case perhaps we were anxious that the testimony should not be submitted -on the part of the government without that link in the chain; and we -were desirous of doing what, as I understand it, is the duty of the -government, of presenting all the facts that it is in our power to -present, before calling upon the prisoner for his defence. These are the -reasons which influenced the prosecution in asking for the delay which -has been granted; and we now feel that we have done all we could to -procure this testimony, in order to give the evidence such completeness -as is in our power, and we do not now feel like asking the Court for any -further delay in order to procure the testimony of Capt. Nickerson. We -are obliged to the Court for granting the delay asked for yesterday, and -we now, under the circumstances, rest the case on the part of the -government, and leave the evidence for the prosecution as it now stands. - -The COURT.—It appears that Mr. Graves, the senior counsel for the -prisoner, is not in attendance, and for some reason probably for which -he is not responsible. The Court will wait a reasonable time for him. - -Ex-Judge ROOSEVELT, United States District Attorney, said—During this -short interval I should remark, in addition to what has been said by Mr. -Hunt, that upon looking over this case, although I took no part in it in -open court, that the prosecution came to the conclusion that this -testimony was entirely unnecessary, though relevant; and the only reason -why any delay should have been asked, and the only reason why any delay -should have been granted, was to follow out the usage founded on good -sense and on humanity—that usage which has been regarded, not by strict -law, but by a species of courtesy, that the government, being the -stronger party, should not, at the outset, take sides, as it were, but -develop the entire case, whether they lay before the court items which -may be deemed by them not to be very important, because it might so -happen to the mind of the court and the minds of the jurors, that those -items, which we might deem not important, should seem to be very -necessary to make out the case. I did not consider the testimony of -Captain Nickerson in any other light than in completing the history of -the case. On the other side, they had a right to object to the -introduction of what Captain Nickerson had sworn to before the -commissioner, and it was perfectly proper they should do so, unless the -evidence was introduced in the regular way. On our part we have -endeavored to do our full duty to the court, to the prisoner, and to the -public. We have tried to give every element, every item of evidence in -the case that had the slightest bearing upon it; and I would now say, to -avoid any misapprehension, that it does not arise from any idea of the -weakness of the case by any means; but it is to fill out, if possible, -the usage of the courts in criminal cases. But we are unable to procure -this witness; he probably is on the ocean now, for he sailed from -Philadelphia for Boston last week, and is now at sea. If, however, he -should arrive in the course of the day, it will be for the court to say -whether it will take his testimony or not, and for the prisoner’s -counsel as to whether they will object to it or not. - -The COURT.—It appears to me that this is a proper view of the case taken -by the United States Attorney. It is the duty of the government, -especially in a case of high crime—such a case as the prisoner is -charged with—to lay before the court and jury all the evidence they have -in their power, or that they are cognizant of, which has any connection -with or bearing on the case; and, as the court intimated yesterday, -whatever may be its opinions in relation to the necessity of the -evidence, such as Captain Nickerson’s might be, it would be very -improper for the court to intimate it at this stage of the trial. - -Mr. SAYLES (prisoner’s counsel).—I experienced some reluctance in asking -the court a further delay for the purpose of this trial. It has already -been delayed, on the part of the government, for an entire day. I would, -however, on the present occasion, ask the court to take a recess until -twelve o’clock, to accommodate the defendant, in order that I may -ascertain where my partner is, or that I may procure counsel to -associate with me. Mr. Graves went last evening to see his uncle in -Twenty-seventh street, and I have not seen or heard of him. I would say, -in addition, that Mr. Graves has my brief in his possession. - -The JUDGE said that the Court was very indulgent to both sides, in -consequence of the importance of the case, both to the public and the -prisoner, and although he is very anxious to dispose of the case as soon -as practicable, yet he would grant a delay until twelve o’clock. - -On the reassembling of the Court, Mr. Sayles said he expected his -associate every minute, and he desired to consult with him as to the -production of witnesses. He would now call Mr. Commissioner White as to -the testimony of a witness named Downes, in describing the position of -the sloop. - -KENNETH G. WHITE, United States Commissioner, called and examined by Mr. -Sayles, deposed—My impression is that a witness named Downes was before -me on the preliminary examination; I cannot recollect the particulars of -his testimony without referring to my minutes. (Minutes produced.) I do -not see in my minutes any designation made by Mr. Downes as to where the -vessel was; there are two marks on the chart, one of which was made by -Mr. Downes in court. - -EDWARD BARNES, called for defence, deposed—He resides in Keyport; knew -Capt. Burr; gave him $100 for oysters; this was on the 15th of March; I -gave him the money in quarters and halves, and ten and five cent pieces; -I do not know what amount of money he had with him; he told me Mr. -Simmons gave him $200. - -The COURT said that was not evidence. - -He put it in a bag; it made the bag about half full; I cannot identify -the bag. - -Mr. SAYLES then said they had no other witness for the defence, and he -then proceeded to address the Court and jury on behalf of the prisoner. -He commenced by describing the sensation created in this city by the -intelligence of this transaction, and that the public press had given a -description of and directed the eye of the community to this one man. He -then suggested that this tragedy may have been perpetrated by river -thieves who have been driven to the lower bay by the Harbor Police, and -who, perhaps, committed a similar one on another sloop on the same -night. Counsel said, in cases of admiralty this court had a limited and -special jurisdiction, derived from the laws of Congress passed under the -Constitution of our country, which gives power to define and punish -felony and piracy on the high seas. This court, therefore, had so much -power, and no more. It had no common law jurisdiction. (He then cited -several authorities.) He claimed that a portion of that act of Congress -was unconstitutional; that Congress had no right to define and punish -felonies on the high seas; it has no power to take away the rights of -individual States to punish the crime for which this man stands charged. -It was committed beyond the jurisdiction of the court, and it had no -power to punish for this felony. He then read a reported case where an -act of piracy had been committed in Boston harbor, and in which it was -held that it should be tried in the courts of that State. - -The COURT remarked that this was not a question for the jury, but should -have been raised on demurrer, or might be brought up on a motion in -arrest of judgment. - -Mr. SAYLES submitted that the jury were the judges of the law and the -facts. - -The COURT.—Not on questions of jurisdiction. Those questions are always -for the Court—for its decision. - -Mr. SAYLES contended that “on the high seas” meant either in the harbor -of some foreign country, or beyond any portion of a coast where the sea -ebbs and flows. - -The COURT remarked that this was the opinion of English lawyers, but did -not apply to American laws. - -Mr. SAYLES said—We have adopted the English common law. - -The COURT.—Only to a limited extent. - -Mr. SAYLES then cited from “Chitty’s Criminal Law,” vol. iii., which -says, “that the piracy must be distinctly proved to have been committed -on the high seas, or the defendant is entitled to an acquittal.” -According to that law the admiralty had no jurisdiction within the -limits of any county or city. The counsel then proceeded to appeal to -the reason of the jury, and lay the facts before them. It was a case of -great importance, not only to the federal government and to the -community, but also to the unfortunate prisoner at the bar, and he -called upon the jury to elevate their minds above outside prejudices. A -supposed tragedy had been committed in the lower bay, and the government -had undertaken to show, by circumstantial evidence, that this is the man -who perpetrated it. Counsel referred to the nature of circumstantial -evidence, and alluded to the recent case in this court, where some half -dozen witnesses swore positively to a man named Williams for post-office -robbery, and subsequently swore as positively against another man, who -was convicted. - -Mr. HUNT, in reply, directed the court in support of the jurisdiction of -the United States courts over the lower bay. - -Mr. GRAVES, for the defence, referred to the case of the two Bournes, in -Vermont, who confessed to the crime of murder, but were afterward proved -to be innocent. The evidence against Hicks was entirely circumstantial, -and of such a character as to render it very uncertain; but the most -astonishing thing about the prosecution was the charge that this one man -should kill these three men, powerful as they were, and not receive a -single scratch. There must have been a terrible struggle; blood was -spattered over the ceiling, blood everywhere, but no blood on him, no -mark of violence on his person. - -Mr. HUNT remarked that the only questions of law upon which there had -been any dispute, were ruled upon by the Court, and he had nothing -further to say. - -Mr. DWIGHT then proceeded to sum up on the part of the government. He -had hoped that there might have been some chance of the innocence of the -prisoner found in the course of the trial. But he had been disappointed; -nothing which had been asserted by the witnesses for the prosecution had -been contradicted. No attempt had been made to break any one link in the -chain of the evidence. The defence would endeavor to induce the jury to -believe that Capt. Burr parted with his watch, which he had carried for -nine years, to a pawnbroker; that Smith Watts had parted with the -clothes which his aged mother had put up for him; that Oliver Watts had -parted with the daguerreotype of the girl he loved. The time had not yet -come when Yankee sailor boys gave up the pictures of “the girls they -left behind them” without a struggle. Mr. Dwight then clearly and -concisely reviewed the whole case and the testimony, giving a painful -but graphic description of that dread night when this triple deed of -blood was perpetrated, and concluded thus: Gentlemen, I have occupied -your time longer than I intended, and I have but one word further to -say. If this prisoner is not proven guilty of the crime against him, he -is of course an innocent man. If there is in the breast of any of you -one doubt concerning his guilt—one reasonable doubt as to his having -committed this robbery of George H. Burr, as set forth in the -indictment, in God’s name give him the benefit of that doubt. It is his -sacred privilege, and it is just as much his right as he has a right to -his life or his liberty. If you have any doubt upon considering the -evidence, give him the benefit of that doubt, or any which you may have. -But, gentlemen, if through the five days of this trial there has crept -into your minds a conviction that he is the man, and if that conviction -has been strengthened by the evidence which has been adduced and placed -before you—that no other but he had committed this crime, then I say -that his conviction is the property of the government, and I charge you -to give it to the government. Here, in your seats, where you have sat -during these five days listening to the opening and the testimony, and -the closing upon the part of the government—here, in your very seats, I -charge you to give the benefit of your conviction to the government, and -I charge you to do this in your jury box without any hesitation. -Gentlemen, there was no hesitation on his part; with that sharp axe he -cut down the fair-haired boy, Watts; and then returned and felled the -other: and then the death struggle with the captain occurred. Gentlemen, -there was no hesitation there; and if you are convinced of his guilt, -let there be no hesitation in your rendering in your jury box a verdict -against him. There cries from the sands of Islip, “justice;” from that -widow and from that mother. There comes up from the depths of the -Atlantic, “from all the ships that float on it, and all that go down in -the great deep”—there comes the cry of “justice.” The prisoner equally -calls upon you to do justice; and gentlemen, I ask you, in the name of -the government, if you believe him guilty of this crime, which he -committed speedily, summarily and devilishly, that you will let your -verdict be speedy, summary and just. - -During the whole of Mr. DWIGHT’S address, which occupied nearly an hour, -the prisoner was still unmoved; he never winced, but coolly twisted and -turned a pen in his hand, pointing it to the table, and scarcely once -looked up. - -JUDGE SMALLEY said it was now past four o’clock, and he desired to look -into some authorities which had been referred to; he would not charge -the jury until morning. - -The COURT then adjourned to Saturday morning, at ten o’clock. The -prisoner was removed, in irons, by Deputy Marshals De Angelis and Dugan, -who had special charge of him, and who kept a sharp watch that he should -have no means of suicidal death at hand, nor make any effectual effort -to escape. - -The court-room was, as it had been every day during this extraordinary -trial, densely crowded. - - - SIXTH DAY. - - - THE VERDICT. - -JUDGE SMALLEY charged the jury. He instructed them that the case was -clearly within the jurisdiction of the Court, the occurrence having -taken place in the harbor. The jury retired at 10:36, and after having -been out seven minutes, returned and announced that they had agreed upon -a verdict. The prisoner was directed to stand up, which he did readily, -exhibiting little or no emotion. In a scarcely audible voice the foreman -then announced that the jury found him GUILTY of the crime with which he -was charged. Hicks appeared to be somewhat stupefied by the -announcement, but resumed his seat again when the counsel told him to. -The Court then remanded him for sentence, and he quietly held out his -hands for the handcuffs. His counsel, Mr. Eagles, then asked the Court -to set some time in which to make a motion for arrest of judgment. Judge -Smalley designated 10 A.M. on Wednesday as the time for making such -motion. Hicks was then conducted back to the Tombs by the officers -having him in charge. - -A motion for a new trial was afterward argued and denied. Immediately -after decision, the sentence of DEATH was passed upon him, the day fixed -for his execution being FRIDAY, the 13th of July, on BEDLOE’S ISLAND. - - - - - THE - CONFESSION OF ALBERT W. HICKS, - PIRATE AND MURDERER. - - - OFFICE U. S. MARSHAL, _Southern District of New York_. - - I hereby certify that the within Confession of ALBERT W. HICKS was - made by him to me, and that it is the only confession made by him. - - LORENZO DE ANGELIS, _Deputy U. S. Marshal_. - - _July 9, 1860._ - -After his sentence, Hicks seemed to lose that firmness which he had -hitherto manifested. His reckless indifference left him, and in place of -the stolid look which had marked his face from the time of his arrest, -an appearance of deep anxiety gave token that he had abandoned the hope -which had supported him, and that dread of his approaching fate, if not -remorse for his crimes, had taken possession of him. - -He seemed to dread being left alone, and often besought his keeper and -the warden of the prison to keep him company in his cell. He was -frequently found in tears, and on being questioned as to the cause of -his grief, expressed a deep anxiety in regard to the future of his wife -and child, about fifteen months old. - -He was often begged to make a free confession of his crimes, and though -at first he stoutly denied having anything to confess, he at last sent -for Mr. De Angelis, and offered not only to confess the crime of which -he stood convicted, but also to give a history of his whole life in -detail, from his childhood up to the time of his arrest, on condition -that the confession should not be published until the day of his -execution, and that all the proceeds arising from its sale should be -given to his wife. - -This was agreed to by Mr. De Angelis, and accordingly, on the 13th of -June, that gentleman, accompanied by an amanuensis, visited Hicks in his -cell, and there listened to his confession, which is given below in the -precise order in which he related it, though not in his own words, his -command of language being exceedingly limited. The true spirit of the -narrative is strictly preserved, however, and wild, monstrous, and -terrible as the details are, there is no doubt of their truth. - -After Mr. De Angelis and the amanuensis had taken seats, Hicks being -seated upon his iron bedstead, proceeded as follows: - -I can stand it no longer. I had hoped that I should carry the secrets of -my life with me to my grave. I never thought that I should sit here in -my cell crying like a baby, over the remembrance of the past, or that my -heart would flinch at meeting any fate in store for me. - -I fancied I bore a charmed life, and that having heretofore escaped so -many dangers, I should find some loop-hole through which to creep now, -or that something would turn up in my favor which would lead to my -escape from the mesh into which I had fallen. - -I have long felt as though I were the Devil’s own, and that though he -had served me so many years, I must at last be his; yet I imagined he -would not claim me yet, but allow me to do his work for a time longer. -He has stood by me all my life, on ship and on shore, amid the howling -storms of the ocean, where every moment the waves threatened to ingulf -me; he has snatched me from their deadly embrace on the battle-field, in -many a hand-to-hand fight; he has seemed to stand by my side protecting -me from danger; and when I have been in the hands of my enemies, and -escape has appeared impossible, he has, until now, invariably opened the -way for my release. But at last he has deserted me; in vain I call upon -him, he will not answer me; and I dare not call on God, for what pity -should he show a guilty wretch like me? - -For years conscience has slumbered; I have not heard her voice at all. -No deed of desperation has seemed to me too desperate; no crime has -seemed too dark or bloody. My soul seemed dead to all remorse or dread, -and fear has been a feeling which, until now, I have never known. - -But in this lonely cell, away from all the excitements which have always -been the support of my restless nature—within these solemn walls, where -I see none but those who guard me, or those come to look at me, as upon -some wild beast; here, where no sounds fall upon my ear but the -footsteps of the keeper, as he paces with measured tread the long -corridor outside, or harsh, discordant clank of heavy doors slamming, or -the grating of bolts and the creaking of hinges—conscience, so long -dead, has at last awakened, and now stings me with anguish, and fills my -soul with dread and horror. - -I look back upon my way of life, and see the path marked with blood and -crime, and in the still midnight, if I sleep, I act the dreadful scenes -anew. Again I imbrue my hand in the red blood of my victims; again I rob -the unsuspecting traveller, or violate the most sacred sanctities of -life, to satisfy my greed of gold, or headstrong, unchecked passions; -and if I wake, I seem to see my victims glaring at me through the gloom -of my cell, or hear them shriek aloud for vengeance on my guilty head. - -The past is one great horror! The future one dread fear. A heavy, -insupportable weight is on my heart, and I feel as if, did I not reveal -its fearful secrets, I should go mad. - -But I have resisted the impulse until now, and would die and tell no -tales, but that the history of my life may serve as a warning to -mankind, and may benefit my wife, perhaps, though it will make her bow -her head in deep shame over the crimes of him who is the father of her -child. - -I feel that after I have unburdened myself of the secrets of my life, I -can die easier, and meet my fate like a man; and though I may go to the -gallows without hope, without repentance, without any evidence of aught -but misery hereafter, the thought that the sale of this, my Confession, -will perhaps keep the mother of my child from dependence on such cold -charity as the world would show a murderer’s wife, will make me stronger -to bear the inevitable doom which is now awaiting me. - -For my own sake I would not have done this; but for the sake of her -whose fate I have linked in life to mine, and for the sake of the poor -little child, who I trust will never know who was its father, I give to -the world the wretched - - - STORY OF MY LIFE. - -I was born about the year 1820, in the town of Foster, State of Rhode -Island. - -My father was a farmer, and had seven sons, of whom I was the youngest -but one. - -I worked on the farm until I was fifteen years of age, and though I had -opportunities of receiving the benefit of public instruction, I never -attended school, or profited by the advantages offered me to improve my -condition in life by any honest or legitimate means. - -I was naturally of a wild, restless, reckless disposition, fonder of -wandering about the fields, or lounging by the brook side, than -following habits of industry, and among my companions was noted for my -headstrong, imperious manner, and was always foremost in all youthful -frolics and scrapes, never feeling satisfied unless I could outdo my -companions in any enterprise of fun or mischief. - -My only ambition was to be rich; but I had no desire to acquire riches -in the plodding way in which our neighbors went through life; my dream -was to become suddenly rich by some bold stroke, and then to give free -reins to the passions and desires which governed me. - -I never, even as a boy, hoarded money. I did not care for the mere -possession of it. It was only valuable to me as the means of gratifying -my passions. - -I used to wish that I could find the pots of gold and silver which rumor -said had been buried in our neighborhood by pirates and robbers, and -used to listen with rapt attention to stories of pirates, robbers, -highwaymen, etc., which my companions used sometimes to relate. - -My father compelled me to work, and though I had no taste for it, when -once in the field my ambition to excel always brought me out first at -the end of the row or swath, and having some mechanical skill, I was -often called upon to do jobs about the farm which saved calling upon the -wheelwright or carpenter. - -But by the time I was fifteen years of age I grew tired of the -monotonous life I had been leading, and my desire to roam and see the -world, and seek my fortune, took entire possession of me; so I began -making my preparations to run away. I got together a small sum of money, -by hook and by crook; and one night, after all were asleep, I stealthily -left the house, and took the road to Providence, from whence I proceeded -to Norwich, Conn. - -Here I took the first important step in that career of crime which has -made me a prisoner in this cell, and which will lead me eventually to -the gallows. - -After arriving at Norwich, I wandered about, seeking not employment, but -some means of gratifying my desire for money in an easier way; and -during the day I strayed into the railroad depot, where I observed a -number of trunks, packages of goods, etc., a part of which I determined -to appropriate to myself. I hung about the depot until night, and then -watching my opportunity, I seized a package of goods; and leaving the -depot in all haste, made my way outside of the town to some woods, where -I examined the package, which contained laces and silks. I secreted some -of the things about me; and, not knowing any one to whom I could dispose -of them there, I determined to go back home, which I reached in the -course of a few days. - -My parents were very angry with me, and tried to learn where I had been; -but I kept a still tongue, and sold the goods secretly to a peddler who -stopped at the house. - -But the goods were missed, and, as I had been seen prowling about the -railroad station, suspicion naturally fell on me; and the officers -having no difficulty in getting on my track, I was followed and arrested -one night at my father’s house, after I had been in bed some time. - -I was fast asleep; the officers awoke me, and putting a pair of -handcuffs on me, carried me back with them to Norwich, where I was tried -and sentenced to a year and six months’ imprisonment in the Norwich -jail. - -I remained in confinement about three months, when I managed to make my -escape, and went to Lowerpart, Gloucester, Rhode Island, where I went to -work on a farm. But my whereabouts was discovered, and in six weeks from -the time of my escape I was re-arrested and taken back to Norwich jail, -and put to work in the quarries, with a ball and chain fastened to my -leg. - -I had been at work a month in this way, when one day, by means of a -stone hammer and chisel, I broke the chain from my leg, and running off, -made for the woods, pursued for some miles by a strong party of -officers. - -I took refuge in a house by the roadside, and had the satisfaction of -seeing them go by at full speed, supposing me to be still ahead of them. - -As soon as they had passed, I left the house and took to the woods, -where I remained hid in some bushes until night, when I came out and -took the road to Providence. - -Early the next morning I was stopped on the way by a man on horseback, -who knew me to be an escaped convict by the clothes I wore, not having -had an opportunity of changing them. - -As soon as I saw him, I made for the woods by the side of the road. He -dismounted and followed me, and, being a good runner, had nearly -overtaken me, when I turned and stood at bay. - -We had a long and terrible struggle in the mud and water of the swamp, -he all the time shouting at the top of his voice for assistance, which -brought the neighbors to his aid before I could effect my determination -to kill him, which I had fully made up my mind to do rather than allow -myself to be taken. - -I was, of course, overpowered by numbers, and after being safely bound, -was reconducted back to Norwich, where I was punished and kept in close -solitary confinement for more than a year. - -During this confinement, it seemed as if every wicked quality of my mind -was brought out in full activity. I used to sit and plan all sorts of -desperate schemes, and a feeling of the most unquenchable vengeance took -possession of me. For I fancied myself persecuted, wronged and -ill-treated; I imagined the world had declared war against me, and I -determined, as soon as my term of imprisonment should expire, to war in -turn upon the world. - -At last the long wished for end of my imprisonment came, and I was -discharged. Swearing vengeance against the whole human race, I left the -jail and went back to my father’s house, where I remained for a short -time and then went to Lower Gloucester, where I went to work in a shoe -manufactory, having learned that trade during my confinement in the -Norwich jail. - -But this hum-drum sort of life was little suited to me, and besides, I -felt so incensed against mankind that I found it impossible to restrain -my thirst for vengeance on society for the fancied wrongs it had done -me, so I resolved to go again out into the world; and going to -Providence, an old shipping master, by the name of Chittel, shipped me -on board the whaleship Philip Tabb, bound to the northwest coast of -America. The ship belonged to Warren, R. I., where I joined her in the -course of a few days. - -I no sooner got on board than I began to make mischief among the crew, -among whom I got up a series of rows and fights. I gratified my wicked -and evil propensities with a total disregard of consequences either to -them or myself. I had no fear, nor did I care for anybody or anything. - -The captain was in a great hurry to sail, and not wishing that he should -for a few days, when we reached Newport I incited a mutiny, which -resulted in a fight, in which the mutineers got the worst of it, and two -men were sent ashore in irons. - -The captain thinking that he had rid himself of the -ring-leaders—although the men sent ashore were really the most innocent -of the crew—again set sail and proceeded on the cruise. - -For a few weeks everything went on smoothly enough, but in a short time -I succeeded in sowing dissatisfaction among the crew, which in the end -led to another mutiny; my idea being, if possible, to get possession of -the ship. - -The captain and mates tried first to quiet the men by fair words, but -failing by these means to get them to resume their work, they armed -themselves, and a hard and desperate fight took place in which the -captain and first and second mates were very badly cut with knives and -axes. The mutineers were, however, again subdued, and two of them were -put in irons. I played my cards so well, that notwithstanding I had -incited the whole affair, and was in all respects responsible for it, -the captain did not suspect the part I had taken, and I escaped -unpunished. - -[Illustration: MYSTERIOUS MURDER—THE SLOOP E. A. JOHNSON, ON BOARD OF -WHICH IT IS SUPPOSED A BRUTAL MURDER HAS BEEN PERPETRATED.] - -[Illustration: DETECTIVE NEVINS DESCRIBING THE MURDERER’S ARREST TO THE -REPORTERS.] - -[Illustration: THE PEOPLE OF NEW LONDON, MAKING AN ATTEMPT TO LYNCH THE -MURDERER.] - -When we arrived at Wahoo, Sandwich Islands, the mutineers who had been -put in irons, were whipped with the cat, on board ship, till they were -nearly dead. While we remained in port, the captain thinking to gain the -good will of the crew, permitted us to go on shore nearly every day, and -the men would have been well disposed toward him if I had not -continually poisoned their minds against him. - -While on shore I engaged in every kind of wickedness; I robbed and beat -the natives, and was finally taken by the authorities and locked up -until the vessel was ready for sea. - -I imagined that I had been arrested at the instigation of the captain, -and I determined that as soon as we were once more in blue water, I -would be revenged upon him for it, but no opportunity occurred before we -reached our cruising ground, where we only took one whale, and were then -obliged to put back to Wahoo for repairs, the ship being leaky. - -On our way back, one of the boat-steerers having been observed in -conversation with me by the captain, was questioned in relation to the -subject of it, which he refused to disclose. The captain then commenced -to abuse the boat-steerer, and from words they soon came to blows. The -boat-steerer, who was more than a match for the captain, would have -overpowered him, but that the first mate interfered. He no sooner did -so, than seizing a belaying-pin, I felled him to the deck, and the other -officers coming up, a general fight took place. - -The boat-steerer and myself succeeded in giving them a severe beating, -and had complete possession of the ship, for the rest of the crew were -afraid of us, and did not dare, even if they had been disposed, to take -sides with the officers, whom we drove below, with the exception of the -first mate, who still lay insensible upon the deck. - -After this, the boat-steerer and myself held a consultation, and had we -been navigators, which we were not, it being our first voyage, or had we -even known where we were, or what course to sail, we should have -murdered all the officers, and taken the ship. - -Two days afterward, on coming on deck, we found the ship was approaching -land, and a number of vessels in sight, which forced us to alter our -plans. So we released the officers, who brought the ship to anchor in -the harbor of Owahie, S. I., where we remained about a week, none of the -crew being allowed to go on shore, and the boat-steerer and myself, -knowing that while in port, and in sight of other vessels, the captain -had us in his power, and could at any time have punished us, asked -forgiveness, and stood upon our good behavior until we put to sea again, -after repairing ship. - -On our way out we touched at the Marquis Island, and then cruised a -season on the whaling ground; but, not being successful, we left, and -went into Typie Bay. - -One day, having permission to go on shore with the boat-steerer and some -of the crew, we landed on one of the islands for the purpose of -procuring cocoa-nuts and wild figs, with which the place abounded. - -After securing as many figs and nuts as we wanted, we were about -returning to the ship, when we were attacked by the natives. - -A desperate fight took place. We killed a number of the natives, and -succeeded in driving off the rest, and thus having a taste for blood, -and the demon in me being fully aroused, I suggested to the -boat-steerer, that this would be a good time to kill the officers, and -take the ship. He agreed to the proposition, and so did those who were -with us, and it was arranged that as soon as we were on board, each -should select his man—kill him at once, and then put to sea, steering as -well as we could for the western coast of America. - -There were two boats. The boat-steerer and myself being in one, with a -portion of the crew, and the balance of the party in the other. - -Our boat reached the ship last, and when we got on board we found the -officers armed and fully prepared to receive us. It was evident we had -been betrayed, and I afterward learned that one of the men in the first -boat informed the captain of our intentions as soon as he arrived on -board. - -As soon as our feet trod the deck a bloody and desperate fight ensued, -in which the officers were assisted by a portion of the crew, and they -finally succeeded, though not without being severely wounded, in -disarming and securing the boat-steerer and myself, and put us in double -irons. - -They kept us in the run of the ship until we touched at Wahoo, when we -were set ashore. - -We were no sooner on land than we gave free vent to all our passions and -desires. There was not a day went by we did not commit a robbery, and -had it been necessary we should not have hesitated to have added murder -to our other crimes. At last we were taken and locked up until the ship -was ready for sea again, when we were sent on board and kept in irons -until we arrived at an island—the name of which I do not now -remember—where we were allowed to go on shore, and got into a fight with -the natives, who succeeded in driving us to our boats. - -During our stay here another disturbance and mutiny was organized by me, -in which the officers were disabled, and the ship having again become -leaky we put back to Wahoo, where she was condemned and the crew -discharged; myself and the boat-steerer making our escape to the -interior to avoid the consequences of our mutinous conduct. - -For a long time we led the life of freebooters, robbing and plundering -wherever we went, and dissipating the proceeds of our robberies in the -wildest debauchery. - -At last I was taken, and, for the third time, incarcerated in the prison -at Wahoo, but was released through the intercession of the captain of a -Dutch ship, the Villa de Poel, of Amsterdam, who gave me a berth on -board. - -We sailed for the Bay of Magdalina, California, where we took a right -whale, and when we had towed him along side the ship a quarrel took -place between me and the mate. We had a desperate fight, but they -overpowered me and put me in irons. - -But the second mate and myself had previous to this opened our minds to -one another, and finding we were of the same way of thinking, we became -warm friends. - -He was an American, a native of Boston, and he succeeded in procuring my -release, and put me on as boat-steerer. - -The second mate and myself finding that we should stand no chance in -case of trouble, the whole crew with the exception of ourselves being -Dutch, resolved to leave the ship on the first opportunity which -presented itself. - -We had not long to wait, for one night when we were lying to, near -shore, on which a tent had been pitched, we armed ourselves with pistols -and cutlasses, and taking a boat from the davits, we dropped into it -quietly and went ashore, taking possession of the tent. - -In the morning our absence was discovered, and a boat was sent from the -ship to bring us on board, but being well armed we would not allow them -to land, and they were obliged to go back. Another boat came, but we -resolutely refused to go back and would not allow them to land until the -captain had agreed to pay us off and give us our discharge. This, after -some parleying, he consented to, and we took the ship’s boat and put out -into the bay, where we boarded and joined the barque Fanny, of New -Bedford. - -We sailed immediately for Cape St. Lucas, California, and not meeting -with any success, proceeded to the Bay of St. Josephs, where we left the -ship, and after the lapse of a few years, during which time I passed -through a series of adventures almost too numerous to mention, and the -details of which would fill a volume, we found ourselves in Lower -California about the commencement of the Mexican War. - -We remained here about a year, living a wild, guerrilla life, plundering -all who promised anything like booty, and never hesitating to take the -lives of such as resisted us or were likely to betray us. We spared -neither sex nor age. How many times, during this period, I dyed my hands -in human blood, I do not know. No prayers, no entreaties moved us; it -seemed as if my heart was dead to every human feeling, and was a -stranger to pity and every soft emotion. - -Often at midnight, when all nature slept, and none were abroad save the -wild beasts and we wilder men—the former not so much to be feared as we, -nor yet so cruel—for while they only sought their natural prey, in -obedience to a natural instinct, we preyed upon our fellow men, in -violation of every natural sentiment—I say, often at the dead hour of -the night have I and my companion stealthily approached some house, -previously selected for our purpose, and breaking in upon the fancied -security of the inmates, killed them as they slept. - -The old man, whose grey hairs glistened in the moonlight, and whose -venerable presence might have touched any hearts but ours; the little -children, locked in each other’s arms, dreaming of butterflies and -flowers and singing birds; the young man and the just budding woman, the -fond wife and the doting husband, all fell beneath my murderous hand, or -were made the shrieking victims of my unholy passion first, and then -slaughtered like cattle. - -During this time my gains were large, but we squandered all our money in -the various towns in gambling, drinking, and with prostitutes, never -once feeling remorse for what we had done, but ever ready for some new -deed of horror the moment the proceeds of our last crime were spent. - -Cunning and shrewd as we were, however, suspicion at last fell upon us, -and we were obliged to leave the country. While we were waiting on the -coast for an opportunity, the U. S. store-ship Southampton came into -port; we shipped on board of her and went to Monterey, Santa Cruz Bay. - -Having accomplished my object in escaping from the scene of my late -depredations, and having arrived at a place where neither my past life -was known nor my present purposes suspected, I resolved to leave the -Southampton at the earliest possible moment; and finding on consultation -with my partner, the boat-steerer, that he was of the same mind, we -began to keep an eye to windward for chances. - -One night, when I thought circumstances favored our project, I let my -hat drop from a gun-port, as if by accident. The marine on duty was -walking the poop deck, but it being a foggy night, he did not see us as -I hauled the boat from the swinging-boom alongside under the bow, and -myself and partner got in and pulled for the shore. - -The noise of the oars attracted the attention of the sentry, and he and -the captain both fired at us, without effect, and the store-ship -Lexington, which was lying close by, fired a gun loaded with grape, -which struck the boat just as we landed, knocking it all to pieces, but -doing us no injury. As soon as we landed, we made for the woods, being -obliged to pass a fort filled with American soldiers, who fired upon us -without effect, so that we were enabled to reach the shelter of the wood -unharmed. - -We remained in this wood for a few days, and then travelling on, we -reached the city at night, where we stole horses and made for the mines. - -We had not ridden far before we met two travellers, who were returning -from the diggings. As they approached us, we stopped; and when they were -about passing us, we drew our pistols, and bade them stand and deliver. -They made no resistance, but quickly transferred such dust, nuggets, and -other valuables as they had about them to our keeping, when we bade them -good day, and allowed them to proceed upon their journey. - -Arriving at the Salina plains, we stopped at a house over night, where -we committed a robbery, and continued our journey the next day to the -gold mines. - -On our arrival there, we went about from claim to claim, and from -diggings to diggings, adding to our store of dust by robbery and murder; -and though we were perfectly reckless of consequences, and carried on -our operations in the boldest manner, we escaped detection, though we -did not avoid suspicion, and were more than once in danger of expiating -our crimes by sentence of Judge Lynch. - -I have no doubt that during this period, many of the crimes attributed -to the notorious Joaquin, and other robbers, were committed by us; but -the devil, whose work we were so industriously doing, seemed to protect -us, and for more than a year we pursued our career of blood and crime -with impunity. - -Having by this time accumulated sufficient dust to satisfy our desire, -besides that which we had squandered in gambling in the various mining -towns and districts, we made our way to San Francisco. - -We had as much gold as I could lift from the ground with one arm, which, -upon our arrival in San Francisco, we exchanged for coin, and then -commenced a long period of debauchery and licentiousness. - -Every bar-room was at that time a gambling-place. The laws were loosely -administered, and the only code really recognized was that of might. - -Among the lawless, there were none more lawless than I; among the -profligate and depraved, none more so than I; among the reckless and -desperate, none were more reckless or so desperate as I and my -companion. - -The bar-room, the brothel, and the monte table, were the only -attractions for us, and for six months we led the life of demons, -leaving no bad impulse, no fiendish purpose, no gross passion, nor any -wicked design, ungratified or unaccomplished. - -After our money was all gone, and we began to be marked and suspected, -we shipped on board of the brig Josephine—a Spanish vessel, bound for -Valparaiso, and having on board a large amount of treasure, consisting -of gold dust and Mexican doubloons. - -One night, while we were coasting down, myself and partner having -completed our arrangements, armed ourselves, and going into the cabin, -gagged and bound the captain and officers, and placed them in a boat, -compelling the crew to follow, leaving us in possession of the ship. - -We then collected all the treasure, which we placed in the boat we had -reserved for ourselves, when we scuttled the vessel and set fire to her. - -What became of the officers and crew I never heard, but the owners of -the brig Josephine, should they ever read my narrative, will learn, for -the first time, the news of her real fate. - -After seeing the vessel burn to the water’s edge, we pulled away, and -favored by fine weather, we arrived within a short time at Mazatlan, -having in our possession nearly or quite a hundred thousand dollars in -dust and doubloons. - -Here we purchased a hotel and bowling alley, and for a year and a half -carried on business, occasionally indulging in my old propensities, and -never missing a chance of appropriating to my own use such property or -effects belonging to the travellers who stopped with us, as I could lay -my hands on, occasionally taking to the road and waylaying those whom it -would have been imprudent to have robbed while they were in the town. - -But though our business flourished, and we might, had we exercised -ordinary prudence, have grown rich and lived honestly, our propensities -for gambling, carousing, and every sort of vile dissipation, ran away -with our ill-gotten gains, and by the time eighteen months had elapsed, -we were forced to abandon our hotel and take to our old business of -robbing and murdering, until we were forced to fly to escape punishment, -and once more took to the highway. - -The scene of our operations was the road leading from the mines, where -we stopped the mules, murdered the conductors, and took such silver as -they had in charge. - -We came by these means into possession of large amounts of silver in -bars, which being altogether too heavy for transportation, we were -obliged to bury, and went back to Valparaiso. - -At Mazatlan there lived a Chinaman by the name of Bill Cassa. He kept a -public house, and being a reckless, unprincipled sort of fellow, and -fond of money, although he was already rich, we selected him to become -the purchaser of our hidden wealth. So, putting up at his hotel, we -commenced sounding him, and finding his curiosity and avarice excited by -our hints of hidden treasure, we at last offered to guide him to the -spot where it was buried, provided he would pay us a sufficient sum of -money in gold for the secret. - -He agreed to this proposition, but the cunning fellow refused to take -any money with him upon the journey, so that we were obliged to depend -upon his honor for keeping any bargain he might make with us after -seeing the amount of silver we had for sale. Had he taken the money with -him, we should have been obliged to look for another customer, for we -should have murdered him and possessed ourselves of all he had. I -suppose his confidence in us was not over large, and so he would not -consent to give us anything until after we had shown him the spot where -the silver was buried, and should have returned to Mazatlan. We started -with him at night, and by morning reached the spot. After examining the -silver, which must have been worth at least a hundred and fifty thousand -dollars, he agreed to give us $25,000 in gold for it. We consented to -this, and going back to Mazatlan we received our money, and went to -Valparaiso, where we opened a boarding-house, but at the end of a year -we had gambled and spent nearly all our money, and so took again to our -old career, working on the road between Valparaiso and the mines, where -we robbed the mule trains as before, murdering the conductors, and thus -coming into possession of a very large amount of silver in bars. After -we had accumulated as much as we thought would serve our purpose, we -went to a small village called Sueda, in the neighborhood of the mines, -and there sold the buried metal to a Spanish merchant, named Don Juan -Alte, for $15,000, when we returned to Valparaiso and took passage on -board the bark Maria, of Baltimore, Captain Mattison, bound to Rio -Janeiro. - -Nothing of particular interest occurred on our voyage to Rio, but after -staying there six or seven weeks, and spending nearly all our money in -gambling and debauchery, we took the road between Rio and Montevideo, -where we robbed all worth robbing, and murdered all who resisted us. - -There is many a whitened skeleton bleaching by that roadside now, on the -same spot where it fell by my murderous hand; and the traveller, as he -rides along, sees many a place where the grass grows taller and greener -than that which surrounds it; but he little dreams that its roots are -enriched by the blood shed by me. If I should travel that road now I -should have plenty of ghostly company, for, though dead men tell no -tales, and are but dead to all the world beside, to me they are now -living horrors, and will insist in keeping company with me. - -I remember one day that, a few miles from Montevideo, we attacked a man -and three women, all of them being on horseback. We robbed them, and -should have killed them all, but the women were beautiful, and for once -I allowed my heart to yield to the soft feeling of pity, and we did not -murder them. - -I shall never forget the look of these poor frightened creatures -kneeling at my feet, praying me to be merciful, while my partner, Tom -Stone—that was his name, I do not think I have mentioned it before—stood -a few feet off, with his pistol at the head of the man who was gradually -divesting himself of everything valuable he had about him. - -One of the women wore half-a-dozen magnificent diamond rings, and the -other carried two gold watches set with diamonds, besides other trinkets -of great value. These I made them take off, and give to me; after which, -I intended to have ravished and then killed them; I hallooed to Tom to -get rid of the man, and come and toss for the choice of the women—but -the younger one of the two, though I spoke in English, seemed to be -aware, as if by instinct, of our designs; she started suddenly up, and -with a bound sprang to the side of her husband, and clung to him in such -a way that Tom could not kill him without killing her also. I seized the -other woman, and was about to execute my hellish purpose upon her, when, -with tears and prayers she besought my pity, and begged for mercy, but I -was deaf to all her prayers, and was again about to seize her, when she -sprang from me, and like her companion, clung to the man. I followed -her, and both the women, as if by one impulse, again fell on their -knees, and besought us to spare them. - -I do not know how it was, but my heart softened for once, and I stopped -Tom’s hand just as he was going to pull the trigger on the man, who now -stood alone, with his arms folded, awaiting his fate. Tom looked -astonished, but put up his pistol with an oath, and after some demurrer, -agreed with me to let them all depart without further harm. I even -assisted them to catch their horses, which they mounted, and rode back -with all the speed they could toward Montevideo. Ten minutes after they -had gone I felt sorry, and thought I had acted like a fool. - -After this adventure, I felt in continual fear of detection, and as we -had accumulated by our robberies a sum not less than a hundred and fifty -thousand dollars in money, jewels and trinkets, we transported our -plunder by degrees to Rio, where we remained a few weeks enjoying -ourselves, and then took passage for Buenos Ayres, where we remained a -year, gambling and robbing as usual. - -We had not spent all our money, but still had a large sum left, which we -concealed in our trunks and canvas bags, and shipped on board the bark -Anada, of Boston, bound for New Orleans. We did not go as passengers, as -we wished to conceal the fact of having so much money in our possession. - -During the passage, and in sight of the West India Islands, a mutiny -occurred. - -One of the ship’s boys having committed some offence, the captain -ordered him to be whipped, and he was tied up aft. His yells and -screams, as the cat descended on his back, made me mad, and going aft, I -cut him down. - -The captain interfered, when I knocked him down with a handspike, and my -partner Tom backing me, we went into a general fight, which resulted in -leaving Tom and I in possession of the ship. We tied all hand and foot, -except the boy I had protected and one man, and then taking the boat, we -lowered our chests into it, following them ourselves, and made for the -shore. - -We landed upon the Island of Barbadoes, and in the course of a few days -went on board of an English brig, the Conova, bound for New Orleans. -Everything went on well until we arrived within fifteen miles of the -bar, when the officers, discovering that Tom Stone and I were armed, -found fault with us, which led to a disturbance, whereupon we left the -ship in a boat, fearing that we should be arrested on our arrival if we -remained on the ship. We landed at the Belize, and in a few days arrived -at New Orleans, where we remained for a few months, gambling and -carousing. - -From here we shipped for Liverpool on the ship Columbus, Capt. McSerin. -We lost a man overboard during the passage, and the ship went ashore off -Waterford in a gale of wind. - -The Columbus went to pieces shortly after she struck, and I believe that -nearly all hands were lost; but I made my way to shore on a fragment of -the wreck, and was delighted to find, on reaching a place of safety, -that my partner, who had braved so many dangers, and escaped so many -other perils with me, had also escaped a watery grave. - -We went into Waterford penniless, but we committed a robbery, the -proceeds of which enabled us to reach Liverpool, from whence we shipped -in the ship Charles Mallary, of Mystick, for Rio Janeiro. - -On the passage, believing that there was a considerable amount of money -on board, I used all my endeavors to stir the crew up to mutiny, -intending, if possible, to kill the officers and make myself master of -the lion’s share of the plunder, but I could not succeed in bringing -matters to a crisis, although the whole voyage was a series of rows and -fights, in which I was generally the principal. - -When we arrived at Rio all hands left the ship but myself and Tom Stone, -who were forced to remain, as we were both sick, and as soon as we began -to recover they put us both in irons. - -But one day, the mate going on shore, we broke our irons and left. -Reaching the city, we remained quiet until the vessel sailed, and then -shipped on board of the ship Admiral Granford, of Liverpool, for New -Orleans. - -All went on smoothly enough to all appearances, but during the whole -voyage I was working quietly among the men, sowing the seeds of -discontent and mutiny, which came to a head when we were within about -twenty-five miles of the Belize. - -Here a regularly organized revolt took place, headed by me and Stone, in -which about one half of the crew were actually engaged. We succeeded in -overpowering the officers and such of the crew as sided with them, and -after binding them we robbed the ship of all the money and portable -valuables we could lay our hands on, and after scuttling the ship and -setting fire to her we took to the boats and made for land. - -On reaching the shore we divided the spoils of the robbery, and -separated, myself and partner going to New Orleans together, where at -the end of a few weeks we again shipped on board of the ship Mobile, of -Bath, for Liverpool. - -While we were taking in cargo at New Orleans, we robbed the ship of a -quantity of Irish linen; but on trying to smuggle it ashore we were -arrested, but escaped punishment by means of perjured witnesses. After -our discharge we rejoined the ship and went to sea. - -But off Blackwater Banks a terrible storm struck us. We had over eight -hundred souls on board, and the scene was enough to appall the stoutest -heart and make the bravest man shudder. The waves ran mountains high, -and the wind blew great guns; sail after sail was carried away, and as -we were fast driving in to the Banks, all hope of saving the ship was -given up. The poor wretches gave themselves up for lost; some -prayed—some cursed—some shrieked in an agony of fear, and some madly -cast themselves into the water and died before their time. - -But during this dreadful panic I felt no fear, for on this occasion, as -all through my life, I felt as if I was protected by a superior power, -and only thought how I could turn the loss of the ship to account. - -When the ship struck, I watched my opportunity and lashed myself to a -large spar, on which I floated for two days, when I was picked up by a -pilot boat and taken into port, as the American Consul at that time will -certify. Of the eight hundred passengers on board of that ship not one -save me escaped that I ever heard of. The only one whose loss I -regretted was my partner, Tom Stone, with whom I had been associated for -so many years. He was a brave fellow, with a ready wit and strong arm, -ever on hand for any enterprise, no matter how desperate; and wicked as -he was, I believe he loved and would have died for me. - -Well, he has gone to his account, whither I must shortly follow him, and -tread the same dark path he trod before me. - -On finding myself safe on shore once more, I shipped on the bark -Jeanette, of London, for New York, from whence I went in the schooner -Eliza, for Boston. - -On board of this schooner I met a man by the name of Lockwood, whom I -found to be in every respect worthy of filling the place made vacant by -the death of Tom Stone. He was a strong, wiry man, full of -determination, cruel and desperate in his disposition, and totally -without fear. I found he had led a life nearly similar to mine, and he -thought no more of stealing a purse, or cutting a throat, than I; and, -in addition to his other qualifications, was an expert navigator. So the -second day out, we laid our plans to rob the schooner and scuttle her, -which we did that night when off Block Island, making our escape in a -boat, and leaving all hands to perish. - -We landed on Block Island, and went on board of a sloop bound to -Newport, where we shipped on board a schooner, Mescedions,[1] of -Providence, for the West Indies. Nothing particular occurred on the -passage, and when we arrived at St. Domingo, we left the schooner and -went in a brig to New Orleans, whence we shipped on the schooner -Camphene, for the Straits of Magellan. - -Footnote 1: - - The name is spelled as Hicks pronounced it, but it is evidently not - the correct name. - -When we were at anchor in the Straits one night, Lockwood and myself -having previously arranged all our plans, robbed the schooner of all the -money and valuables on board, and after scuttling her by boring holes in -her bottom, we set fire to her, while all hands were asleep aft, and got -away in a boat, leaving all on board to perish. We landed safely, and -travelled across the coast to the nearest town, living on four days’ -provisions, which we took with us from the schooner. We reached the -place in about ten days, very much exhausted by lack of food and water. - -As we had plenty of money, we made up for our late deprivations by -plunging into all sorts of dissipation and pleasures; never, however, -losing a chance to rob anybody whose appearance promised to pay us for -the trouble. In this way we spent some months, and then went to Joaquin -on horseback, armed for the road, where we stopped for a few weeks, -leading our old life, and then went to Santiago, robbing and murdering -as before. We did not confine our operations to highway robberies alone, -but committed every variety of depredations, breaking into houses, and -murdering and robbing the inmates while they slept. - -We remained in the neighborhood of Santiago about one year, and, should -I undertake to relate circumstantially all the murders we committed -during this time on the road between there and Valparaiso, it would -occupy nearly all the time I have to live. It would take some time to -give even a list of those I can remember, and they were of so frequent -occurrence, I have no doubt many of them have escaped my memory -altogether. I do not think I could name them all in one day.[2] - -Footnote 2: - - This was in answer to a direct question.—ED. - -After this, our longer stay in this neighborhood would be running too -great a risk, as our numerous outrages had attracted the attention of -the government, and the whole country was aroused against us; so we -shipped on board the brig Anne Mills, bound to the coast of Africa. - -This brig was lying at Valparaiso, and was chartered by a man under the -pretence of making a trading voyage, but his real object was piracy, and -we shipped with a crew of men desperate as ourselves, who, if they did -not know the object of the voyage, the captain rightly thought, would -have no scrupulous objections to it. - -As soon as we were upon blue water, the captain opened our plan of -operations to the crew, and although one or two murmured at first, all -at length came into our scheme. In fact, they were obliged to do so, for -had any of them held out, we should have disposed of them in a very -summary way. - -I was now in my proper element, where I could gratify the highest object -of my wicked ambition. I was a free rover, with no one to fear, and no -one to obey, with the whole world for my prey. - -During the year that I sailed in this vessel, we overhauled, plundered, -and burned several Portuguese and Spanish ships, in most cases murdering -their crews. After cruising about the West India Islands, we made our -course for the Gulf of Gibraltar, went to Marseilles, boarded a Greek -vessel, and obtained provisions and stores. Finding that she had no -money on board, we let her go, and the next morning sailed for the -Dardanelles, where we cast anchor and went ashore at a small town, and -although none of us could speak the language, we remained there about -six weeks, and then went to Constantinople, and on the voyage lay one -night alongside of an English brig. - -We boarded her about 12 o’clock, and after searching her and finding -nothing, we went on our voyage. - -After remaining a short time at Constantinople, we headed for the Gut of -Gibraltar, and one night were hailed by a British man-of-war, whose name -we did not learn. We answered in Portuguese, when she ordered us to lay -to. - -Instead of doing this we crowded all sail, and during the conversation -we had got our guns ready; we gave her a raking fire from our stern, -which carried away the foremast. As we saw it falling over the side, we -bade them “good bye” in English, and gave them three cheers, for which -they returned a broadside, and we received two shots in our stern. - -I dare say the British Admiralty never knew to this day to what vessel -their man-of-war was indebted for the loss of her foremast, but if they -ever read this the mystery will be cleared up. It is more than likely -they have suspected their old enemy, the French, of playing this trick, -but they have been wrong; the shot came from the brig Anne Mills. - -We never shortened sail until we reached a Spanish port, about 150 miles -from the Gut, where we laid for a short time to repair damages, and made -sail for the coast of Mexico, and stopped at a port near Vera Cruz, -where we laid in wood and water, and sailed for Vera Cruz. From here we -went to the coast of Florida, and anchored in the mouth of the river -opposite Jacksonville. Here we lay two or three weeks recruiting; at the -end of this time, having completed the necessary preparations, we sailed -direct for the coast of Africa, where we took on board a load of negroes -and steered our course for Rio. - -A few miles to windward of Cape Frio an English cruiser hove in sight. -We made off for the land at once, but finding the cruiser was gaining -upon us, the captain made the negroes fast to the chain cable and let -the anchor go, with the cable over the rail, dragging the negroes -overboard. - -We were pursued to the shore, and most of those on board were captured. -Lockwood and myself, with our usual good luck, managing to escape. - -We walked to Rio destitute of everything but arms, rifles and pistols, -and on reaching that place shipped on board the bark Josephine of -Boston, bound to Liverpool. We had a quick passage, not marked by -anything of peculiar interest, and on our arrival there we shipped on -the bark Alga for New Orleans. - -During the voyage a disturbance broke out, and some one, who I do not -know, set fire to the vessel. We took to the boats, and in the course of -a few days we were picked up by the brig Exact, of Liverpool, and taken -to St. Domingo, where we shipped on board brig Fanny Fosdick, for St. -Mark’s, Florida. - -We ran on the Florida reefs in a fog, and all hands were lost, except -myself, Lockwood, the captain and mate. We were taken off by a small -schooner and carried into St. Marks, where Lockwood and myself remained -for four months, committing all sorts of depredations, among which -robberies and murders were of frequent occurrence. - -Wishing for a new field of action, however, we engaged as hands on board -the pilot boat Lucina, not with a view of working long, but for the -purpose of getting possession of her the first opportunity which should -occur. - -She was a beautiful little craft, sat on the water like a sea bird, and, -for speed, was unsurpassed. In fact, she was just the thing we wanted. -We had fixed our eyes on her long before, but had to wait for -circumstances favorable to our plan to turn up before we dared to apply -for situations on board of her. - -We had not sailed in her long, however, before the long-wished-for -opportunity arrived; and one day, when the pilots were all ashore, we -got her under weigh for the Double H. Shot Keys, where we boarded a -brig, and procured some provisions and stores. We were not heavily -enough armed, nor in the proper shape to rob her, or we would have done -so. - -After this, we started on a cruise, seeking victims in all the small -craft which came in our way, but not meeting with any great success, we -made our course for New Orleans, for the purpose of procuring arms and -provisions, and if we could meet any men of the right stamp for an -enterprise like ours, to press them into our service. - -Arriving at the Balize, we lay to till midnight, and then taking the -yawl went on board a bark and robbed her of a considerable sum of money, -two chronometers, and other valuables. - -After this, we put back to sea again, and committed many depredations -upon fishing smacks and other small craft. We continued this life for -some time, but beginning to long for the pleasures of shore, we ran our -little craft into Matagorda Bay, where we placed all our money and -valuables in a yawl and went on shore below Matagorda. We burned the -yawl upon the beach, and secreting a portion of our effects in the sand, -went inland, where we lived on in our usual abandoned and reckless life. -After some time we again made our way to the coast, and digging up and -carrying away our treasure, we went to Matagorda, where we stayed a few -weeks, committing several robberies; and then, after purchasing an -outfit, shipped on board of a schooner, whose name I cannot call to -mind, bound for Boston. On our arrival we left her, and going ashore we -remained there a short time, watching an opportunity of shipping on -board of some small craft not heavily manned, which we could rob and -take possession of when out at sea. - -Nothing presented itself, however, which we considered worth our while, -but we were not by any means idle, for we committed several robberies on -shore, one of which, a burglary in Washington street, we came very near -being detected in, and the circumstances connected with which caused -considerable stir. In fact, we found it necessary to leave, which we -did. - -The Boston officers started in pursuit of us, but we managed to throw -them off the scent, and as soon as we were convinced that they were on -the wrong track, we made for New York, which we reached in safety. Those -circumstances took place about four years ago. - -I remained in New York a short time, enjoying myself, and then shipped -on board of a schooner, whose name I have forgotten. She was bound to -the West Indies for fruit, and I supposed that she had considerable -money on board. My only object in going on her was to rob her if I -could. My old partner was with me, and we tried by every means to find -out how much money was on board, where it was kept, etc., but did not -succeed, and no opportunity occurred for us to carry out our plans -during the voyage. So we came back on her to New York, and both shipped -on board the schooner Sea Witch, a Norfolk oyster boat. As before, our -object was murder and robbery. I suspected that she carried out a large -sum of money each trip, but did not know how much, until I kept count of -the number of oysters bought, and the price paid for them, which made me -determine to kill all hands on the next trip, and secure the money as -soon as we got out to sea. - -But from some cause or other we were mistrusted, and we were discharged -on our arrival at Nova Scotia. - -I waited some time for a similar chance, but failing in getting shipped -on board of anything which promised to pay me, I joined the bark Sea -Horse, bound for the coast of Africa, for a cargo of slaves. - -During the passage I succeeded in stirring the crew up to mutiny, and -after a severe fight we succeeded in overcoming and killing the -officers, and took possession of the ship. - -We ran the vessel ashore at Congo River, took the money, and joined an -English vessel, after dividing our spoils to suit myself and partner, we -keeping, of course, the largest share of it. - -I almost forget the name of the English ship in which we sailed for -London, but think it was the Zacharias. However, we played the same game -on board her, that is, we excited a mutiny. The captain, mate, and -steward being in the cabin asleep, we entered quietly, and took -everything valuable we could lay our hands on, and then, going on deck, -fastened down the hatches in such a way that the officers could not make -their escape, after which we tied the other two of the crew, and landed -in the boat at Havre during the night, from where we took the packet to -London. - -Here my partner and I separated, and I have not heard what became of -him. I hope, if he sees this confession and learns my fate, it will -serve as a warning to him, and that he will give up shedding blood and -robbery, and lead an honest life. - -About this time—that is, some three years ago—I married, and shortly -after, came with my wife to New York, on board the ship Isaac Wright, -Captain Marshall, who knows me well. On reaching New York, I took some -rooms, and lived with my wife in Batavia street. I do not remember the -number, but it was a corner house, and stood opposite to No. 17. - -During this time I worked along shore, all the while looking out for -chances, and trying to get a berth on some vessel which I might rob with -profit; but not meeting with the opportunity I wanted, I left the city -with my wife, and going into the country, in the neighborhood of -Norwich, Conn., went to work for a Doctor Baldwin. I remained with him -some time, and then went to Norwich, where I worked for a Daniel Mapler, -till a longing for my old life of excitement and adventure came over me, -and I returned to New York and took lodgings at 129 Cedar street. - -In a short time I shipped on board of the steamer Alabama, for Savannah, -returned and shipped on board schooner Kate Field, for Indianola and -Galveston. I committed a robbery on board of this vessel, and though I -was detected by the captain, nothing was said about it. - -The goods I appropriated were part of the cargo, but they were not -missed by the owners, and so I escaped. From Galveston we sailed to -Matagorda Bay, took in a cargo of sugar, and returned to New York, and -for some time after this I remained on shore, working occasionally, and -all the while watching my opportunity to get a berth on board of a -vessel for the old purpose. - -With the object of committing a robbery if a favorable opportunity -presented itself, I went a voyage in a schooner to Georgetown, S. C., -but returned without finding it worth while to carry out my intentions. -For a time I worked along shore again, and then went to Boston on a -coaster, intending to rob her if I found she had money on board, but as -she had not, I came back in her to New York, and shipped on schooner -John, for Wilmington, N. C. - -As we came out of Wilmington harbor, on our return, we found the yacht -Kate, which had been run into. - -I saw the wreck first, and as soon as we got alongside, I jumped into -her, in water up to my armpits, and making her fast to the schooner, -commenced bailing her out. - -We finally got her afloat, and took her into Wilmington, from whence she -was returned to her owners. We claimed salvage on her, which was -allowed, but there is something due me now on my share, which I hope -will be paid to my wife after I am gone. - -Returning to New York, I lived by working along shore, but never missed -a chance of robbery when it promised to pay me for my trouble, and the -risk was not too great; but I was careful of doing much in New York -city, and was all the while on the lookout for some enterprise in my -favorite field of action—the sea. - -I kept a sharp lookout for all small craft outward bound for cargoes of -fruit, oysters, etc., and in a quiet way gathered all the information I -could in regard to the number of hands they shipped, and the amount of -money they generally carried. - -During my searches I came across the sloop E. A. Johnson, Captain Burr, -and in making application was engaged on board of her. - -I come now to the closing acts of my life, to the last scenes in my -wicked and bloody career. - -From my youth up I lived by crime. I have steeled my heart against every -good impulse. I have considered mankind my natural prey and have never -hesitated to gratify my appetites, passions, and desires, no matter how -dear the sacrifice paid by others for their gratification, and now -society which I have so long outraged claims the only recompense I can -make for all the wrongs I have committed; the law, which to me has ever -been a subject of scorn and derision, now exerts its majesty, and calls -on me to pay the penalty due for breaking it; mankind, against whom I -have so long waged a bloody and resistless war, now clamors for my -blood, in compensation for the innocent blood I have so often shed. -Justice at last asserts her sway, and a dreadful punishment awaits me. - -But let me go on to the end. - -The sloop E. A. Johnson offered an easy prey. She had on board, I -supposed, from all the information I could gather, something over a -thousand dollars, and the entire crew consisted of but two boys and -myself. - -I had never known of or seen Captain Burr before I shipped with him. He -had never done me injury or wrong, so that I had no revenge to gratify, -no grudge to pay. - -He seemed a kind and amiable man, and would, I have no doubt, awakened -kindly feelings in any heart but mine, and even I liked him. Yet I -engaged myself to him solely, and only for the cruel purpose of taking -his life, the lives of the two young men, and making myself master of -the money I supposed he had on board. - -I calculated to do this as calmly as you would contemplate doing any of -the usual duties in the ordinary transactions of life. - -I had killed men, yes, and boys, too, many a time before, for far less -inducement than the sum I supposed I should gain by killing them; and I -had too often dyed my murderous hands in blood in days gone by, to feel -the slightest compunctions or qualms of conscience then. - -I never thought of the consequences of such a crime. The fear of -detection never once crossed my mind. I had too often done the same -thing with impunity to believe that a day of reckoning would ever come, -in this world at least, and I never gave a thought to the world to come. - -After engaging with Captain Burr, I went home to my wife at 129 Cedar -street, and lying down on the bed, told her not to disturb me, as I -wanted to take a long sleep, and if any one came for me, to say that I -was not in. She left me alone, and I then deliberately matured all my -plans. I marked out the course I intended to pursue exactly, and after I -had decided upon everything, I went to sleep and slept as soundly as -ever I slept in my life, my mind was so much at ease, and I felt so -contented at the idea of having at last an opportunity of making some -money in an easy way. - -The next day I went on board and commenced my duties, and in order to -ingratiate myself into the good graces of the captain, I did even more -than could have been expected of me. - -We sailed on the sixteenth of March from the foot of Spring street, and -proceeded to Keyport, where we remained till Sunday. While here, I -scraped the mast of the sloop, did a lot of carpenter work, and -evidently pleased Captain Burr very much by my earnestness in trying to -make everything look ship-shape. - -We arrived at Gravesend on Saturday afternoon, and waited there for a -fair wind. - -At last we put to sea, and when we were off the Ocean House, I went to -the forecastle, and got an axe, which I put in the boat hanging to the -davit aft. - -The younger Watts was at the helm, and I asked him to allow me to steer -a little while. He consented, and went forward. - -In a few minutes I left the helm, and taking the axe, went to him, and -asked him if he saw Barnegat Light. He said he did not. I told him to -look again, and pointed with my hand. - -He turned round and looked in my face a moment, but even if he had -suspected my cruel purpose, he would have read no indication of it -there, for I was as calm as though I were going to do the simplest and -most innocent thing in life. - -Had I been under human influences, the confident and trusty way in which -he turned his eyes to mine, would have made me hesitate, but no such -thought entered my heart, and I pointed again and told him to “Look -there; ain’t that it!” - -He turned his head, and peered through the darkness in the direction I -pointed, and as he did so, I struck him on the back of the head with the -axe, and knocked him down. - -He fell! - -Thinking I had not killed him, I struck him again with the axe as he lay -upon the deck. - -His fall and the sound of the axe made some noise, which, added to that -caused by my running across the deck, attracted the attention of the -captain, who came up the companionway, and putting out his head, asked -what was the matter? - -I replied, “nothing,” and then asked him, as I had the younger Watts, -“Is that Barnegat light.” - -Captain Burr replied, “No, you will not see it for two hours;” and as he -spoke he turned his head from me. - -The axe swung in the air, and, guided by my sinewy and murderous arm, -came down. - -The edge crunched through his neck, nearly severing his head from his -body, and killing him instantly. - -The body fell down the companionway. - -As I turned to leap after it, and dispatch my remaining victim, I looked -forward, and—Oh, God, how I shudder to think of it now!—he whom I -thought I had already killed had risen and was coming aft, his hand -outstretched toward me, and the blood running in two dark streams over -his pale face, from two ghastly wounds on his head. - -For a moment I stood undecided, but as he still came on, I ran toward -him, but ere I reached him he fell about midships, and rushing on him, I -struck once! twice! thrice! with the axe, and finished him. - -Running aft, I jumped down the companionway with the bloody axe in my -hand. - -There lay the elder Watts in his berth, and close beside him the -ghastly, bloody corpse of the captain. - -I stood a moment looking at him, and dashed at him and struck out with -the axe. - -He leaped out of his berth, and sprang at me, all red with the blood of -the captain, whose body had fallen past him, covering him with gore in -its fall. - -He tried to grapple with me, but stepping back, I gave the fatal axe a -full swing, and struck him again, again, and again, once upon the head, -once on the back, and once more upon the head, which felled him to the -floor, and he lay dead at my feet, side by side with the captain. - -My bloody work was done! - -Dead men tell no tales. - -I was alone. No eye had seen me, and now I was free to reap the reward -of my work. - -I did not feel the slightest regret for what I had done, and went about -removing the bodies, as coolly as though they had been so much old -lumber. - -I took a rope and bent it on to the feet of the elder Watts, hauled him -on deck, and threw him over the quarter. I then hauled the captain out -in the same manner, and threw him over; and then going to midships, I -lifted the body of the younger Watts from the deck, and plunged him into -the sea by the starboard side. - -I then threw the axe overboard, and soon as I had done this, I changed -the course of the sloop, and ran in close to the Hook. - -My intention was to run the sloop up the North River, and then fire her, -but I came near running her on the Dog Beacon, abreast of Coney Island -and Staten Island lighthouse, after which I fouled with a schooner, and -carried away the bowsprit, so I put the money and such other articles of -value as I could pick up, into the yawl, and then sculled ashore three -miles, landing just below the fort on Staten Island. - -My movements after landing are well known; and when I look back upon the -fatality which seemed to dog my steps, it seems as though the fiend, who -so long had stood by me in every emergency, had deserted me at last, and -had left me to my own weakness. - -But I never thought of this until after my arrest. I had no shadow of a -presentiment that I should be checked so suddenly and brought to -justice, and on my return to New York, made arrangements to go away with -my family as coolly as if nothing had occurred which should counsel me -to use caution. - -But on that fatal night when I awoke from a deep sleep to find the -officers of the law standing by my bed, for the first time fear overcame -me, and I grew faint and weak as a baby. Great drops of sweat started -out on my forehead and all over my body, and then I realized that at -last the master whom I had served so long had really deserted me and -abandoned me to my fate. - -But to all outward appearance I choked these feelings down, and none who -saw me dreamed of what was passing within. - -My task is done. I have related all the awful details of my life with as -much minuteness as I can, and now nothing is left me but to prepare to -die. - -I ask no sympathy, and expect none. I shall go to the gallows cursed by -all who know the causes which will bring me there, and my only hope is -that God will, in his infinite mercy, grant me that spirit of true -repentance which may lead to pardon and forgiveness in the world to -come. - - - - - PHRENOLOGICAL CHARACTER - OF - ALBERT W. HICKS, - GIVEN AT - FOWLER AND WELLS’ PHRENOLOGICAL CABINET, - 308 BROADWAY, NEW YORK. - BY L. N. FOWLER, PROFESSOR OF PHRENOLOGY. - _June 29th, 1860_ - - -He has a remarkably strong muscular organization, and bony system, which -has a powerful influence on the tone, quality and direction of his mind. -His mental temperament is fairly developed, but not to such an extent as -to give the finer qualities to the mind and character. He is excitable, -and susceptible of intense feeling, yet it is rather a heated impulse of -passion, than a delicate and refined sensibility. - -He has a large brain, which gives a great amount of general mental -power, and with a good education and proper direction, he would be able -to exert a leading and extensive influence over others. - -His Phrenological developments are very marked. His head is high in the -crown, and long, but rather narrow. Destructiveness is not a leading -organ, and it acts chiefly as the servant of his excessive will and -other strong propensities, which circumstances and bad training may have -made sources of temptation to him. He is however, strongly developed in -Combativeness, which gives the spirit of resistance, self-defence, and -power to overcome obstacles, and if provoked, and had some selfish -purpose to subserve, his Combativeness and Firmness would render him -capable of almost any act of desperation. - -His social organs are large, and he is susceptible of strong love to -woman, but with such a temperament that love would take an animal -direction. He is interested in children and home, and in friends when -they do not oppose his course. He is also very continuous and protracted -in mind, and never gives up any project that he has once resolved to -accomplish. - -His Alimentiveness is large; he loves to gratify the appetite highly, -and is liable to indulge it too freely. His love of property acts -strongly in proportion to his want of it, and he seeks it to spend, -rather than to lay up, and if he had an abundance, it would go freely in -the gratification of his various desires. - -The tendency to be cunning and artful, is not very strong. He is more -likely to do things openly and undisguised, than he is to work shrewdly -behind the curtain, and do things in such a mysterious way as to defy -detection; yet he has much Cautiousness, and is watchful where there are -dangers and difficulties to be encountered. - -He has a great amount of ambition to excel in what he does. He has also -excessive Self-Esteem, independence, self-reliance, and desire to be the -master spirit, and maintain his own individuality. His will is the -strongest element of his mind, and his character is more affected by it -than by any other one faculty; for whatever he may purpose to do through -the influence of circumstances, he will carry out at all hazards. - -His moral brain indicates large Hope and anticipation, but only medium -Conscientiousness and Benevolence, which hardly ever act in a -controlling manner. - -His Spirituality is very deficient; he has very little idea of the -unseen, and of subjects pertaining to the higher life, and has scarcely -any Veneration at all, which leads him to act without due regard to the -Higher Power, and without feeling his dependence on, or much -responsibility to, his Creator. - -His mechanical talent, sense of beauty, and love of the sublime, are -only average in power. His ability to imitate and copy, is good, and his -love of fun rather strong, without being particularly given to joking -and fun-making. He has a correct eye for proportion, can judge well of -forms and outlines; has a good degree of order and arrangement, has good -native talents for making estimates and calculations; has a superior -memory of places and localities, and decidedly good abilities for any -kind of mental operation where order, method, system, knowledge of -principles and places is required. - -His conversational talents are poor, and his memory of events not very -good. His powers of comparison are excellent; intuition, and ability to -judge of character and motives, good; agreeableness and suavity of -manner rather wanting; in fact, the leading features of his character -grow out of his will, determination, and continuity of mind; a -domineering, proud, unsubmissive spirit, joined to strong watchfulness -and forethought, and the desire to accomplish what he attempts, in the -most signal and positive manner. He should be known for love of his -female friends, fondness for children, attachment to home, and a fair -degree of sympathy with his friends. He has a deficiency of tact and -power to conceal his feelings, and those qualities that give -spirituality, religious feeling, and sense of dependence. The crimes -that he has been led to commit, are full as much the result of a want of -the right kind of education, as from his natural organization. He has -strong passions, and an unbending and headstrong will; but with proper -culture, and good circumstances, he would, most likely, have used his -energy and talents in a way to secure success and respectability, -instead of warring upon the rights and interests of his fellow men. - ------------------------------------------------------------------------- - - - - - TRANSCRIBER’S NOTES - - - 1. P. 36, corrected “power to define and perish felony” to “power to - define and punish felony.” - 2. Silently corrected obvious typographical errors and variations in - spelling. - 3. Retained archaic, non-standard, and uncertain spellings as printed. - 4. Enclosed italics font in _underscores_. - -*** END OF THE PROJECT GUTENBERG EBOOK THE LIFE, TRIAL, CONFESSION AND -EXECUTION OF ALBERT W. HICKS *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. 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