The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-07

Commissioners
EApRIL CHARGE OF REvoLT.-William Smith, sea-
man board the Ship Utica, brought before the
Commissioner on the complaint of Frederick Hewitt cap
tain OF said ship for endeavorng to create revolt on
the voyage from Havre to New York.
Captain HEWITT sworn and examined, estifed-Is mas
ter Of the ship Uca LETT Havre the ID OF February
and reached New York the Doth of March; William
Smith, the present. was on board on the Goth
half past the morning. the mate caea %e ama
the way in which he spoke came on deck and saw the
prisoner and the mate standing together; asked what
dannd if he would he treated like dog; told the mate
iron him; he said he'd be damnd if he would be- then
drew his knife; told him to leave down, end he drop
ped it, then told the mate to ge the irons; the irons
in my room, and went myself for the irons and
cutlass my pistols being loaded and laid it down
and then after great scuie roped and roned him;
while doing so, he called out to the men and
said boys, now is your time.
Cross eramined-Had the prisoner arrested. (Af
fdavit rroduced) This is my affidavit; he was
arrested yesterday there was civil suit in the
Marine Court when the affidavit made and be
ore does not recollect that Judge Randall had charged
the Jury in the suit of Randall before he arrested
the mate called me; it his watch the mate stand
ing by the main rgging Smith was in the mates watch
when the mate and seized him all hands called;
kept him in irons about two hours; said would kill
him il he did not put down his kpiie had nothing in
my hands time told the if any of them would
interfere would kill them.
ALEx RIpABoox examined.--Caled them to hold the
reef none came but named White / then called
them again he slowy ordered him to set on one
of the stern sails he reused coared him he struck me
in the face two three times got him down and asked
him if he would be quiet he said he would il he ked the
captain then came, and we put him in irons; while we
ironing him he called twice to the crew to assist
him one Of them. sung out we ought to kill him
Crosseraained-The crew did not offer to come Tor
ward the affair originated because he would obey my
orders; then colared him
JoHS MILLER examined for prisoner-Was second mate
of the Utica; first the at the main rigging, and
the first mate and the captain dragging his shirt off,
they Off witness then ordered to assist in put
ting him up the steward brought the rOns at the time
the and mate dragging his shirt off he did not
call any Of the crew to come aft and assist him. was
present all the time; Murdoch came out after did, he
said to Smith keep quiet or you'll be shot; heard the
captain hallou for his pistols saw no knife; If there
any j must be previous to my coming ON deck; saw
nothing on the part Of Smith except struggle to get
away from the grasp of the captain; there revolt
or mutiny, any tendency to it while was on deck
positively that Smith ddnot say "b0ys is the
timer; could he have said without my hearing it.
THOMAS THOMAS sworn and examined.-The origin Of
the difficulty was about going into the forecastle night
or two previous. The mate struck the man, and
him fall The night the difficulty occurred they clenched
each other, and the mate got down Smith let him up
mate into the cabin he returned out Of the cabin
and the was coming forward, and the mate struck
where is the damn scoundrel and caught him he then
laid hands the captain the captain sung out to put him
in irons the captain was dragging and humping him
to take his part heard nothing. but the captain
saying that he would fog him until he (smith) would
acknow ledge that he had struck the captain.
John Ridge another SEAMAN corroboraed the last wit
ness.
The prisoner was fully committed.
Elias Lopez and Cornelius Halsey, first and second
mates of the ship Arabea for violent assault and bat
terry seaman named Samuel Sherwood, beard said
ship in the port OF Oahe a. the Sandwich Islands in he
month of October last Sherwood and sailor named
Hamilton examined and swore that Iiasey first
struck Sherwood with his fist and hat Lopez then sruc
him three times on the head with hand.spiko cutting
him severely in the head. The Court after hearing the
evidence dismissed the complaint against Halsey and
then permitted him to testify for Lopez Iasey proved
that Sherw God drunk at the time and that he was
extremely ll.tempered man when in liquor. The Court
bound over Lopez in 500 in his own recognizance
u. q. District Court.
Before Judge Belts.
Arm 6In the Matter Of the Ship Ortofd.-lt will be
recoected that time in the month OF February last
several of goods struggled shore from the
ship Oxfori that subsequently information received
at the Custom House and the goods and vessel were
under the revenue laws. petition was presented by
Captain Rathbone and the owners sett forth all the
facts and circumstances connected with the case and
praying the restoration Of the vessel Under the statute
facts and report his opinion to the and upon
that opinion the government will decide whether to re.
store the vessel and goods direct the District Attorney
to proceed to a condemnation.
The matter came on to-day before Judge Belts when
the Associate District Attorney proved the SEIZURE ana the
value of the goods which amounted to S67s also the
part which Captain Rathhone had in the transaction
Mr. HAMLroN for Capt ain Rathboncpr by several
witnesses that was the practice o. the mates OF ne
the Captains knew anything OF what goods were
board except the manifest Several witnesscswcre
al.o Produced who testified to the high standing oil Cap
| tain Rahbone
His Honor will make up his Report in few days.
| . hHoDE ISLAND ELECTION. The following list,
{nete omiued) comprises all the members OF both
Houses OF the next General Assembly, except those from
ouriDvic and Little Compton, each Of which sends one
member to each House II these two towns return
bers of the politics as those NJ as vear as bev
uoupess Will there VIII he "a Law and Order
ana Dorrtes-in the House, 90 Law and Order and IL
pyrr.e lnenoes' making majority of sixty, joint
ballot against The Providence Jo,ial Gp,ll
| GREEN pEAs-The savannah Republican of the
lst instant, says:"Green Peas were served nm AZ tho
Mansion House Saturday These the first that have
been brought market this season proun In he o,.n