Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-08-05

| Abner Mackay and thirteen Others lmplesded
with him. of ths Of tho ship Manchester, were
put on their trial for muny, and stabbng Frederick
Hewitt the master Of the ship, resisting hrs authority,
&c The indictment laid under the statute OF
| 1885, for the punishment OF Offences al sea
| Mr.. George Wilson sad he was tor the defence and
| he hoped the Court would sufier Mackay 10 be tined
alone, tina, he might have the advantgS 81 the tesu-
| mony OF the other prisoners.
The Court said they could not interfere with the
| course OF the District Attorney
Mir. Price briefly stated the case 10 the Jury and
| called the following Witnesses
| Frederick Hewitt examinod.-l was master Of the
ship Manchester, from Havr; left tina, porl ON the
| 9th Of June, and arrived the 18th of July ~ View
York; have followed the sea ~ years. have Deen
commander years. this difficulty occurred ON the
morning of the Both Of June; Mackay had charge OF
| the watch; heard the crew pumping up the oilge
water to wash the decks told him not To do II, Dat
he replied that blge water was as good as any ihng
to wash decks with, to which told him that Il he gave
me any more of his impertinence, would knock hun
over with Delaying PIN. then told hun would
! put him in the rigging and cowhde hlm-to which ne
| replied that dare do that. i then struck HIM
with the pin below the shoulders the small Of his
back it was an iron PM he fell down on the deck;
told HIM to get up, re net nurt Inc least
bit; then ordered him aoft 10 scrape down the main
/ royal mast; he said he had no knife, aud ! should
have known il before; he then went for'ud 10 the
| forecase, and sat down the heel OF the bowspni,
| and commenced sharpening ms KNIFE on the grind
stone: repeated the order TO go alo which Maekay
to blow and the mate called all hands TO reef Top
sails; all went up except Mackay inquired Of the
mate where Mackay was, and then called him my
self from the forecastie; finding he did not answer,
| went below TO seek hm, when he ran al me with the
knife, which went quite through my arm; caught IL
with my left arr, and by the roll Of the vessel We
both fell down, when he said-"Pye got you here
you've do witnesses-and | will Kill you.
then got away from him, when he got his knife
again, and pursued me to the scuttle. | then went
into the cabin, got pair Of pistols, told the mate to
get pair of irons, and put Mackay in confinement.
The crew then retired te the forecaste and removed
the steps, / called to the crew 10 put up the steps
but they made no answer. ] jumped down, and told
the mate to follow me but he did do Tor toenfy
minutes. told the crew how had been stabbed;
showed them my arm, when James Wilson osser.
we'd, it's bad thing" or a very bad business"
then told the mate to put the man in irons, bat he
would not submit, as he had knife. told hlE If he
used it would shoot him, any of the others that
offered to assist him. put my hand on HIM TO show
was not inundated, when he grabbed the pistol,
which went OIL and came very shooting me.
caught him with my right hand; he threw the knife
me, the others and picked up; he then jerked
round quick and the knife cut his Mackays back; he
then wrenched il out of my right hand, and drew
the pistol and struck him the head he then stag
gered back and fell upon chest; after this he called
out, men is our time, let's put him in irons, and
give the command TO the mate.
None of the said any thing except Lewis, who
said "letus all go together, or all be of one mind"
| went then to the cabin, when the mate told me the
| crew were coming aft TO put me in IRONS; they all
came on the quarter deck when told the steward to
all within ten feet of the cabin door; then said
men what do you want; when Mackay told me they
had come to put me in irons; bat when they saw
had my pistols they all retreaed TO the forecastle.-
None efthe crew dlssented from what Mackay said
gave some orders to the mate, when all the crew
refused to do any duty then took the ships article
being armed, and called them all by name, and
| cd them Of the consequences of not obeyng my
H. al A,ttvv
The pain in my arm became so intense that called
| TO my only cabin passenger, to take charge Of my
money and effects i'll case any accident should hap
pen. Mackay was sitting an, smoking his pipe, and
talking TO the steerage passengers all the next night
| my wound being 80 excruclating as to prevent my
going on deck.
Cross examnsd-It was an iron Delaying pin that
struck Mackay with, but could not have been a larger
one than that now produced did it because could
not ehastse the crew lawfully; the second time
struck him between the shoulders il was mere slight
tap and not calculated to hurt him Mackay after
wards said the head pump was cut of under but the
stern pump was proper 10 wet the quarter deck with
kicked him while he was in a recumbent position on
the deck but did not drag him about by the hair; did
not tell the mate that Mackay had serious injury on
the back; heard him call out that had cut him on
the back; do not think did il with the point Of the
| knife.
For the defence.
William King, mate of the Mancheser-The diff
Guilty occurred daring my watch below; l called all
nanuS reel ali went except
Captain afterwards told me he had struck him
with pin Mackay said he had marks, bat
was very full Of pain captain told him TO come
out Of his BERTH that he might where he hur
the captain and Mackay were clenched when Mackay
showed the knife through his arm; then the captain
came deck and directed me TO get the irons put
Mackay in confinement; the captain said, if he at
tempts to hurt you, will shoot him dead upon the
spot; did not hear Mackay tell the captain that he
had him alone, and would kill him; Mackay said the
captain had half killed him and he might as well
whole kill him; he would soon die go in irons;
the other men all pied the captain they did not APP
pear TO be in a state of Insubordinatlon could not
succeed in putting the man in irons; but he did not
attempt TO hurt me; in struggle, the captains pistol
went off and the captain then struck him with ano-
ther pistol but did not fire IL off Mackay pushed his
knife to another man, who refused to have it, and the
captain took il up; Mackay was wounded along side
of the back bone with a knife; Mackay then SAID,
you've put my eye out and stabbed me in the back
now if they were all Of my mind, they would put the
captain in irons and give the command to the mate.
Lewis said he had been sea a long time and never
saw such doings afoe; he thought it was bad bust
ness" told the captain the men were at the cabin
door but dad not say they going TO put him in
irons; Mackay said in answer 10 the captain, that
| they had come TO put him in irons; Mackay spoke
pretty lsud that all the crew could hear; the cap
tain then sent tell the crew go TO their duty;
| the said they were afraid Of their lives, and
would not come on deck again they said If the cap
tain would put up his pistols, they would turn TO;
they were very fair crew; have sailed with
and with better of them had been two voyages
with he ain. hsvo hror xUt- tho