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.

by Albert W. Hicks

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.