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New York, New York County, New York
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On the fourth day of Bright's trial, his counsel Preston testifies as a witness for the prosecution about seeing a watch and gold coins, demanding Bright's property from Justice Ridgley, and executing a replevin. Testimonies from Captain Richardson and steward Richard Pettit discuss ship events, including a desertion and luggage handling. Verdict pending.
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The District Attorney asked him, the witness, "if he, on a certain day, did see a watch and gold coin which the witness, Allbright, spoke of, in the possession of Justice Ridgley." After much beating about the bush, the witness said "on a certain day, I went to the sheriff's office and saw the deputy sheriff with a watch in his hand. It was the first time I ever saw that watch." "On a certain day I went to the office of Justice Ridgley and demanded of him, for the use of Bright, his (Bright's) watch, money and clothing, which I insisted had been illegally taken from him. Ridgley replied to me, 'he had received the articles from Allbright, and considered himself responsible to Allbright for them.' He said 'he was in the habit of returning property to the hands from which he received it.' "I remarked that I considered it an outrage on the rights of a citizen to take property out of his possession which no person laid claim to. That possession of personal chattels was evidence of ownership. The justice said, 'I had better see Allbright.' He stated that 'the watch and gold coin referred to was at his dwelling house, which was distant nearly a mile, and it had been there since Allbright had given it to him.' I told him Bright was in a suffering condition; unexpectedly in prison, and stood in need of necessaries, legal aid, etcetera. He repeated that he never gave up property except to those he received it from, and that he could do nothing except with the sanction of Allbright. I then told him that if he thus persisted in retaining Bright's property, recourse would be had to law to obtain legally what he had taken illegally. I left him fully convinced that he was sustaining an outrage. As the case involved features which, to be judged of, required ability and experience, I sought the advice of other counsel much older than myself, stated the case, and in conjunction with him ordered a replevin. This I did, pursuant to the express orders of Bright, who desired that all legal means might be used to obtain a restitution of his property. The replevin was taken and executed."
District Attorney. Who was the attorney in the replevin suit?
Preston. Henry Stubbs, presiding judge of the Insolvent Court.
Testimony resumed.-As I was saying, I saw the deputy sheriff with a watch in his hands. I did not see that watch in the hands of Ridgley.
D. A. Was that officer the one to whom the process had been delivered?
Witness. That officer was present; but whether it was in his hands or in that of another officer, I cannot say. Ridgley was present; the watch was a gold watch, at least I heard the officer say so.
D. A. I dont ask what the officer said.
W. I am giving you exactly what you want.
D. A. I dont want conversations.
W. Well, I saw a watch there, but not in Ridgley's possession, and Allbright was not there.
D. A. Did you see the gold in Ridgley's possession?
P. Well, now, I must suspend my functions of witness for a little time, and resume my duties of counsel.
The learned gentleman then went into a detail of the circumstances attendant on Bright's arrest, which, he contended, was entirely illegal. At the close of his argument he testified that he saw Ridgley with some gold, and apparently counting it out to the sheriff.
D.A. How many pieces had he in his hands, sir?
W. I could arrive instantly at the aggregate sum, but you ask "in his hands."
D. A. Well, then, on the table?
W. Why, eighteen or twenty pieces. I saw one which I conceived to be a whole doubloon.
D. A. Do you know to whom the sheriff delivered those doubloons which he got from the sheriff?
W. I told you I would give you all you wanted, and was going on when I was stopped.
D. A. I only want an answer to the question.
W. Well, I do know.
D. A. To whom?
W. The court will perceive an explanation to be here necessary. The owner not being present, it was given to his counsel, and by him given over to Bright, and his receipt taken for it.
D. A. Who were the sureties to the replevin?
W. Why, both the counsel to the bond.
D. A. Was you in a carriage with Allbright where there was a trunk?
W. A trunk was at the office of Ridgely, containing wearing apparel, belonging to Bright.
in nearly the same words as Allbright, and concluded Here the witness related the story of going to the jail, by saying "that he saw the trunk given up to the prisoner."
D. A. Did you examine it to see if it had been broken open?
W. I certainly saw marks of violence on it.
Captain Richardson recalled by the prisoner's counsel
Q. Did not a man run away from the ship the day before you sailed, and just before you were ready to loose topsails?
A. Why, our "Jemmy Ducks" did run away, but I cant tell the precise day, though the log book will inform the court.
D. A. Whose business was it to keep the log.
W. The prisoner.
P. Is a log kept in port?
W. I always did when I was first officer, and I have told my officer to do so.
P. I will ask you if it was not necessary in going to the private apartments to pass through the mate's room?
W. It was not necessarily, nor generally the practice, although there is a passage through both into my room and the mate's.
Witness was steward on the voyage in which Bright was first officer. He occupied the first state-room
Richard Pettit, negro, called by the prosecution.
tell if the door was kept locked on the homeward passage on the larboard side of the house on deck. Cannot
passage. There was a key to the state room, and mate had it. Witness knew of one "Jemmy Ducks" and passengers let at quarantine. The mate went on shore before the captain returned. It was in the afternoon, and he might have been gone two or three hours; cannot say if he went more than once
had in his possession; probably three or four dozen.
Cross-examined.-Cannot say how many keys witness
Witness did not keep all the keys, but he did keep possession of all that the cabin passengers did not
have in use. Witness never made it a practice of going into the chief mate's room, nor did he see any of the other stewards. He never found the door locked. Knows that the run had no fastening. Re-
members some pig iron getting loose, and the captain was obliged to get it put in the run. Several pack-
ages were removed to one of the state rooms. The operation took more than a couple of hours.
the pig iron. May have seen him aft of the round-
house, but cannot recollect seeing him in the cabin
After the valuable packages had been put in No. 4,
that room was cleared out, and witness thinks they were put in the captain's room.
siderable confusion on board with the Germans and On the day after the ship arrived, there was con
their baggage. Their trunks and clothing were all on deck one night, and some of the women slept in the house on deck, in which the mate's state room was. Black, the second steward, is now in the city.
The third steward is at sea. The second mate, Mr Cooper, witness has not seen since the voyage home.
ness gave some to the second, some to the third, and When the packages were cleared out of No. 4, wit.
to the fourth steward The ship had left the port when the room was cleared out. Witness re-
members that at the time Bright called to the stew-
ards to take out the valuable packages, he remarked that they were worth many thousand dollars.
Re-examined -Witness saw the mate on board after the ship had made fast at the dock. No person examined the mate's luggage when he left the ship.
One witness only was examined for the defence,
and he merely swore to the circumstance of the pri-
soner having inquired for his wife on the arrival of the ship La Duchesse d'Orleans
The verdict had not been rendered at a late hour.
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Event Date
Nov. 21
Story Details
Preston testifies about demanding and replevying Bright's watch, gold coins, and trunk from Ridgley, who received them from Allbright. Details illegal arrest and property return. Richardson and Pettit testify on ship voyage, desertion of Jemmy Ducks, luggage handling, and mate's actions.