Herald Of The Times

From the New York Tribune of Thursday.

The Murder and Piracy on board Schooner Sarah Lavinia.

David Babe and William Matthews, the men charged with Piracy and Murder on board the Sarah Lavinia, were yesterday examined before S. Rapelje, Esq., U. S. commissioner. Messrs. Ogden Hoffman and Wm. C. Barrett appeared on the part of the United States, and Messrs. Brier, Nash and Phillips, for the prisoners. The following is the testimony presented:

George C. Thenggs sworn.—Belongs to Alexandria. Is part owner of the Sarah Lavinia. She left Alexandria on the 1st July. Charles H. Dearborn was commander, and Walter A. Nicholl, mate. Dearborn was aged 30 or 32, and Nicholl 22 or 23. When she left she had on board three seamen, a cook, captain and mate. The cook's name was John Johnson. Have not seen the vessel since she sailed, nor the captain, mate or cook. Cannot identify either of the prisoners as positively belonging to the crew, but, from a general recollection think that the large man was one of them.

Wm. C. Barrett sworn.—Resides at Pawtucket, R. I. My occupation is coasting around the shore. I am attached to a sloop belonging to Providence. Know the sch's Lavinia. "A week ago last Sunday morning, 30th July, we started from New Bedford to N. York." A boy on board saw a vessel lying there. We saw the vessel about six miles from the Hen and Chickens and 12 from Seconet. There was a foretackle and other rigging over the side. I boarded, and the first thing I saw was an axe lying within the cabin door. Saw there was no person on board. On going to the forecastle I heard the water running in and found an auger hole about an inch in diameter, which I stopped. There were four feet water in the hold. The hatches were calked down. When we began to hoist the sail I saw fresh blood on one of the ropes, the fore sheet. On going to the cabin I saw a "sou'wester" (a seaman's hat) in the Captain's berth. The pilot took it up and said there's blood on that hat. We also saw blood on a fur cap lying on the cabin floor. They are now here and have blood on them. There was a few drops of blood on the captain's berth, and one in the centre of the bed. Saw the shipping papers and other documents, now exhibited.—We afterward discovered that a trunnel had been knocked out, which caused the hole. They had cut away the deck to make a hole but finding the trunnel, it saved them the trouble. We worked the vessel into New Bedford. All her sails were bent when we discovered her. The vessel was loaded with flour, corn, peas, beans and staves.

Joseph Conpay sworn—Resides at Alexandria: knew Walter A. Nicholl, the mate.—He was my cousin; saw him for the last time in July; I saw a watch upon his person, and would know it if I saw it again. The watch here shown is the same. [It is the gold watch sold by Babe in Broadway.] When I saw the mate he had on brown linen pantaloons, checked shirt, and small topped hat: have seen the mate write. The hand writing on the log book here shown is his. The witness also identified some of the clothing, shaving materials, &c. as belonging to the mate.

Foster Tinkham sworn—keeps a jewelry store in Broadway: saw the watch now here before; it was brought to my store by the largest of the two prisoners on the 1st of August; he told me that he had been boarding in the city some time and owed about $20, had an opportunity to ship for Baltimore, and wished to raise money as he said he bought the watch three years ago in Liverpool; I gave him in exchange a silver watch, a gold key, ring and knife, and $20 in money; he came to the store alone; did not observe any person outside.

Wm. O. Russell sworn—Resides in New Bedford.—Know the prisoners by sight.—First saw them when I arrested them last Thursday forenoon. The small one was first pointed out to me and I secured him. Asked him if he had any baggage which belonged to him. He said yes, and pointed to a hair trunk. He said there was also a chest which came on board and belonged to Babe. There was a small chest, on which the trunk lay. I arrested him at Mr. Knowles's in Washington street. He said that he had been a sailor on board the Sarah Lavinia. I told him what the offence was—that he was arrested for piracy and murder on the high seas. He at first said he knew nothing about it. In two or three minutes after we left the house he offered to tell the whole story. I replied to him that whatever he said to me must be voluntarily made, that I should make him no promises as to its affording him any benefit. He appeared to be very much depressed. After we got into the state-room I took off his hat and wanted him to hold up his head and tell me where the others were. He told me where Babe was, but would not say nothing as to Webster, who had gone somewhere else with a friend of his. Matthews said he belonged to the sch'r.—He stated that on the 14th or 15th of July the mate and Babe's night watch was on deck. He (Matthews) and Webster were below, Babe came to the forecastle and said that the captain and mate had got into a quarrel and had fallen overboard.—He would, he said, take the vessel in. They spoke a vessel, the captain of which told Babe that the nearest port was Bermuda, which was West, and New York was NW. They kept on about four days before they got in. "Babe came to Webster and him and told them they must assist him to make away with the cook. They asked him what for. He replied the cook would inform upon them.—They then asked if he had not better put him on board some vessel. On Saturday before they arrived, he told them they must tack ship and directed the cook to haul aft the fore sheet, when Babe took up a hatchet, and split his head open, and then with Webster, threw him overboard.—They then steered for the land.

Babe cut a hole in the cabin with a broad axe for the purpose of scuttling her. They found, however, that the run was full of staves, and they could not get to her bottom. They then went forward, knocked away some of her timbers, and finally found a trunnel, which they knocked out." They then took to the boat and finally landed at Seconet Point. When I arrested Babe I searched him and took the silver watch from him. I asked him where the gold watch was; he said he had exchanged it for the silver one and $14 in money. He stated that the captain and mate had got into difficulty and fallen overboard. I asked him where the cook was. He said he did not know but that he was on board the vessel. I asked him if he had not made away with him. He replied that he had not. When the vessel came into New Bedford I went on board by direction of the District Attorney. I found some blood on the captain's bedding; saw some also on the fore-sheet. There was blood, also, on the tarpaulin hat, which showed a good deal plainer than it does now. On going to the forecastle, found the vessel a great deal broken up and in confusion. The hole was stopped up when I saw it—that it was done by Webster and Babe, and that he himself, at the time, was at the wheel.

Mr. Barrett then read two entries from the log-book made by the mate, which spoke of Babe and "William" as being "incapable" of doing duty.

Merchant Baker sworn—Resides at Fall River, Mass. Have seen the prisoners before. A week ago last Sunday myself and two others started on a fishing excursion.—I looked at the Eastward and saw a boat coming with a sprit sail. On their nearing I said these fellows are rogues or runaways. They passed us, steering very wild, but finally landed on the point. "One of them jumped out and got on the bank, and they began taking out their baggage. We stopped fishing and went toward them. We landed and went up to them. The large man had got dressed. He advanced and met me. I said "Good morning, shipmate." He said, "That boat is mine." I said, "It is no use to let her be in the surf, even if it is."—He said, "She was not worth a d—d, to let her lie there." Another fishing boat came in, and we got the boat up. They spoke of wishing to go to Newport, and enquired where it lay.

Babe said they had belonged to an English brig from Poole, England, bound to this country. He said she had sprung a leak about four days before and sunk. The captain, mate and seven passengers took the yawl, and he supposed had landed three or four days previous. He said the cook and themselves had taken the long boat, and that the cook had died two or three days before, and they had thrown him overboard. He wished to go to Newport. He said that the captain had given him the boat, and he offered us the boat and the compass to carry them over to Sachawest. I told them that they might not own the things, and said they must pay us, and asked if they had no money. They said a little, and they paid us a dollar and a half, and left the boat. One of us asked what time it was, and the large man pulled out a gold watch. Cannot say it is the same as now shown. We took them over to Sachawest, from which Mr. Nickerson took them to Newport.

Mr. Thomas was recalled. Do not know whether the captain had any money on board or not. I remarked to him that as he was going for a market he had better take money to pay his port charges. He said he had sufficient money of his own for that. His pay was $50 a month, and commissions on the cargo.

[Mr. Barrett here showed a pair of boots and other articles found with the prisoners, on which the captain's name was written.]

George C. Divine sworn—Resides in New York; is a cabman; recollect carrying the large man, and another, on Tuesday evening to the Bowery Theatre, they also went to another house. Babe gave me the coat here shown (the captain's summer coat) in pay: he told me to call for him at 4 o'clock in the morning, which I did, and he gave me the coat at Mr. Knowles's: he also offered me a pair of pantaloons, which I would not take. He did not seem to have much money, but spent it very freely; he gave me 12 shillings and also a gold $2 1/2 piece, and rode it out that day.

The prisoners were fully committed on the charge of piracy and murder, committed on the high seas.