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.

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. · 第 3 / 7 段