The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-30
u. y. Circuit Court.


July 29-The Grand Jury came in and presented bills
against Geo. w. M'Selen and James s. Bennett for as
sault &c. Their business not being vet completed and
the District Attorney not quite ready taken
by them till Tuesday next.
The Court announced that the Argument Bankrupt
Calender (reating to contested moons would only be
called during the OF the Circuit or District Courts
TRIAL ELIHu Lovp.-The prisoner was ID mate Of
the bark Caspian and is charged with having made an
assault with dangerous weapon on the person of Jacob
$. Mayo one ofthe scamen. The vessel, appears, sail
ed from New Orleans for New York on the Goth June 1t
had been customary TO wash down decks every evening
between and o'clock. On the 2sth of June Mayo and
another seaman belonging to the sarboard watch went
below at O'Clock without having done SO. boy went
aft the first mate and told him that had gone
below saying that they did not intend to wash the deck
as was foolish practice to do every night and asked
If he might not 60 below too. The first mate replied no.
and went Immediately forward to the forecaste He sung
out asking iany one was below From this point there
is much contradiction in evidence and from hat
red then and few hours subsequently, the Grand Jury
have found bills ofndicment against the LIST and I'd mates
for an assault on Mayo and, the o,her hand bills
against Mayo and two other seamen Gooiridge and Fre
DEM for attempt to revolt Mayo testified that
the first mate came to the forecaste and enqured
one was there-he replied, Yes sir" The mate told
him to up and wash the deck He Mayo enquired
il the custom board that ship to wash deck in the
evening He Immediately got out Of his berth, however
by which time the first mate had got down either to the
lower step 10 the floor In going he put his hand
upon the mates shoulder when the latter told him to
strike him. He replied do not mean to strike YOU but
to go on deck and do my duty like man. Al.
most immediately he Mayo) was grasped by the
hair Of the head by. the second mate. In his
own defence he got the first mate by the throat and also
released himself from the other The second (the
prisoner then caught up club handspike and abbed
down the stairs striking witness erely the breast
and head Himself and watchmate then went on deck
wherethey were dreadfuy beaten by the first and
mates as also Trunden, Witness knocked down
repeatedly by harpoon staff and much injured that he
has not been able to do any work since Another the
seamen Goodridge) corroborated this statement being
of the sufferers In asking what he had done the I'd
mate said he was down.east -, and he would teach
MIN that he must do his duly.
The first mate, in giving his testimony said that the
gi nr1p nj ho
~ night, and it always had been done When informed
torecastle and ked they coming up wash
decks. Mayo replied no, he ns and asked what was
the use OF washing down the deck every night Wtn
replied that the captain had ordered and must be
lone He went down into the orecastle and when the
foot the stairs Mayo caught him by the throat and most
ance OF witness, when he struck by Goodridge who
gave him black eye that second mate then got the
poon staff to defend himself The captain was sick in the
cabin at the time, and died four five days
Witness told him that the state Of mutiny
and asked him what he should do The captain told him
to defend the ship On going forward he found the
armed with handspkes and he did that which he
necessary for the safety of the vessel.
Other testimony was offered, which only appeared to
render confusion confounded" From the decla.
raons oil the seamen it appears that kind friend
the officers had poisoned their minds regard them
they had heard they were bad men" &C. Mayo SAYS
this thought and fear of his life that caused him TO
catch the first mate by the throat.
The prisoner ably defended by s. Jaw Haskell ESQ.
while the District Attorney and Mr. Price were opposed
to him. In his opening, Mr.. Hoffman said the punishment
OF the offence fine not exceeding $4,000 mprison.
mcnt for not mere than three years. at the disc reton Of
the Court The Jury rendered verdict of guilty