The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-06-02

United states District Court,
Before Judge Belts.
NAV 20 Francis Barnes pleaded guilty to an in
dictment for III assault with dangerous weapon.
Several other prisoners put forward to plead.
Dangerous .iSsaah. William J De Wolf, captain of
the American brig Pour Brothers, indicted for
assault Upon Augu.tus Miller, with entlass and
a handspikc There were two other indictments
against the accused tor similar assaults Others ais
ed To the Court that perhsps 1t would time oy lis
at once ratsiug an objection o. the jurisdiction OF hi
Court in the prosent case. u appeared that the al
within ia. jurisdiction Of foreign sovereign ia the
port of Trinidad and The act Of Congress states that
charge Of thu Kind must be investigated in the port
where the vessel first put N The brig Four rrothers
first stopped at Egg iiareor New Jersey. the pr
arrested philadelphis whore cour sel sue
mitted he should be tried
The United States District Attorney contened that
tbs accused was properly before this court.
The Court said shst The jury had better be EN-
p; nelled he cpened, aud he would then enter
tam the motion Of thu prisoners counsel.
The jury being sworn
Mr. j. PrsscoIl Hall stated the ease on the part OF
the prosecution called the attention of the Court
and jury to the nature OF the offence and the law upon
the case.
Joseph Augustine sworn. and examined by the Dis.
tret Attorney deposed tina he is American born;
he was employed board the brig Four Brothers.
shipped at Philadelphia, and bound from there TO
Barbados. Dominica, aud Trinidsd and themes back
to New York the vessel was driven into Egg Nerbor,
where she lay two days she discharged some of her
cargo into schooners to tighten her; an assault was
in Trinidad. in the leland of CUBA I was lying
asleep deck hy the side of Miller, when received
blow with handspike, which awak ned me: took
stick TO defend myself and came down, WHEN the cap
tain faid there yon are, d-n you he then struck
the with cutass aud stabbed me into
the back bone: there revolt on board.
Cross-examined by Mr. Dankman.-I don't know
who struck me first did not strike the captan
bit him in the leg; recoiiecs John Thomas lumpog
overheard, and the mate and Cook went after hin IN
boat; shortly after that the captain cried out mur
der.n Q-Why did h. do that A.--Because had
hold Of one leg, and Miller Of the other; that the
time bit him in the leg; did not strike at the cap
tain with the stick; had IL to defend myself from
being kiled by the weapon which he had; was near
the galley when 1 was drst STRUCK aud when s~oke
/ did not see the captain; saw Miller, and the mate,
Albert Miller, u naive of Engand) seaman on
board the same vessel also posed to assault hay-
ing been committed on him.
John Thomas, "a native OF Spaip) deposed to the
assault having been committed on MIN with piece of
board.
sci. examined by Mr. Blankman and deposed lirl.
the light Of the alleged assaults. the insste
smoking seRars abaft the main mast, which
ary the orders OF the captains they insoisn mt
in their language, and refused TO obey the captain
they whistied as signal to bark laying little way
OF; at the time the captain used the eutlass the
were armed With hand-spike, and were tnsolent to
him witness went amer Thomas. and when RETURNING
he heard the captain crying ous murder" Miller
and Augustine had hold OF him at tine time, biting
bis legs. .nnr
The accused here showed his leg to the jury which
appeared 10 have been much bruised.
Counsel did not up either side but let the case
60 to the jury under the charge Of the esurt and ude
Belts then stated that the prisoner was properly be-
fore this court this being thu port for Which the ship
was dstined and her putting into Egg aasbor Was oa
the r.sult of accident The indictment was -foand
here and the jury could bring the prisoner in guilty
or aequit him, Of any or all of the three charges.
The jury having retired came into court after some
time and asked the Judge how FAR the captain Of u
vessel has right TO enforce bis orders.
Court-The captain has right to compel his men
TO submit to his authority by force; but he has no
right to use dangerous weapon, sxcsp; la self-de-
fnce. eesmen are bound by the maritime law to b.
Submissive to the orders OF their captain.
Jury-Had he right to compel them to stop whist
Court-CertsiIiy; and he had n right to use such
fcrcc would bring the ubsct.ou but he has
no risht TO resort to dangerous weapon except in
Jury-Is piece Of board dangerous weapon In the
eye Of the Law?
piece Of board 10 harmless thing, and metne. IL
Is n dangsrou weapon.
The jury thsn again retired and, In short time,
brought In verdict u guilty, but recommended the
prisoner to mercy.
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