The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-28
u. = Circuit Court.

WEDNESDAY,. Dee 27-This Court was occupied until
half past five o'clock this afternoon in the trial OF Williams
and Jupiter continued from yesterday, for endeavoring
revolt board the whale ship Silas Richards
As the facts are already detailed we shall simply give the
that matter of much regret that the counsel on
both sides had introduced much unnecessary matter
into the trial. instead ofconnng themselves strictly and
properly the charges brought against the prisoners and
ing the upon the evidence alone The first ques
ton for the jury to consider was had the prosecutor
made out sufficiently strong of revolt against the
prisoners He then went on to show that mpertnence
dsobedience and proane language did not constitute
revolt attempt at revolt. 1t was necessary some
should be established, positive testimony
that they had either Of them endeavored by example
and by word the authority ofhe captain and officers
defiance and had tried procure the aid of the 1t
not sufficient to establish to show that like
purpose existed between the two act
the act at different times must be shown,
or the is innocent and cannot be punished
however guilty the other may be. In the case of Viii
that he SICK whereupon the Captain desired him
again go and cut the old sails under and on his
when Williams jumped at him, seized him by the throat
and endeavored to throw him overboard-that when
seized up to the rigging to be logged he called on his
shipmates to help him and not allow him to be logged
and Jupiter and two others advancing aft to aid
him. the Captain caught up the pump handle and threat
ened that he would knock down the first who stirred
another step-whereupon Jupiter retired discontenedy
muttering calling the crew towards for not aiding him
to relieve Williams This was the st Of the offence 1t
for the jury whether Williams had intended to
throw the Captain overheard to conne him board
his vessel sailor has right if he is ILL., to COM
W
Of sick hammock to the complaining sailor unless he is
satisfied that the illness is fegned The Captain in the
latter had right to all the necessary force to
maintain the supremacy of his command The sailor
cnched the Captain Here the jury to be careful to
distinguish between the mpomptu act Of the man against
the the deliberate act of the sailor against the
Captain they of opinion that the against
the man. then not mutiny and while he is liable
for punishment proporonabe in law to that offence, still
the charge of mutny not made out Again. the Jury
were decide whether Williams had endeavored to pro-
woke the to rescue previous to his being fogged
The cries and struggles OF the suffering the blows of
cat, not to be considered strictly muiny, even
though perhaps such cries might excite the to q
volt But in the act of being tied up, he used such Ian
guage, then in law was endeavor to create revolt
As to Jupiter, If the Jury under the evidence believed
That was his intention, coming aft to Will.
iams then the charge in the indictment sustained
AS 10 ms calling the crew pack of towards II this
simple resentment at their Conduct IL was not mutiny
but if it upbraidng with the intent to yoke
rescue to excite them then the charge
was not sufficient to show that his conduct dsre
spectfu impertnent and irregular. IA must be shewn
by testimony satisfactory to every mind that his object
was to aid Williams in depriving the captain and officers
of the vessel of their lawful authority If this the
opinion Of the Jury, then they must find him guilty, II
the contrary, they acquit him, and find Williams
guilty they acquit both The Jury after the lapse
of time, returned verdict of guilty against Will
lams recommending him TO mercy, and Of not guilty
against Jupiter.
Mathews M Prate-The trial of this is set down
for ten clock this morning