The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-09
U. s. Commissioners Court.

Before John W Nelson, Esq
OCT. AND 5-CHARGE OF ASSAULT WITH DEADLY WEAPONS
AND MrISous CoSDrcr.-THE UNITED STATES WILLIAM
DIXON AND JAMES GooDwN-A hearing had in this
case, upon which Mr. Rdgway appeared for the United
States and Messrs Cooper and Barstow for the defend
ants Jacob Teal, on being and examined testified
in substance as folows-I am master OF the American
ship France of Philadelphia these defendants
part of my the last voyage which from New
Orleans TO Trieste, Grigenti, Palermo and New York
while lying at anchor in the roadstead Of Grgent
the south coast of Sicily and two miles from shore Good
win Dudley Duncan and lazarch -four of the crew.
morning, the 26th of June last between and that
afternoon the boat returned; was in my state
and heard angry words on deck; the first saw was
Goodwin in the act of striking the mate Duncan to
me with both his hands raised in an insulting manner
saying You captain of this ship S-o you allow this ??
stop il r Previously there a scut1e between Good
win and the mate; told Duncan to go forward and he
answered. : won't go forward; moment afterwards
Dixon came aft with handspke and gave Mr.. Clark the
second mate blow the head and before he could
himself he received blow the face from
leveled by Goodwin; the axe cut him from the left tenn
pie to the iawbone and he fell the deck Good
win previously bring the from the galley; Dixon
after aft and attempted to hit me on the head
SELF and while there the mate reported Mr. Clark dead
armed myself, and with chief mate went deck,
where found all the except Goodwin; put Dun
can Dudley and Dixon in irons then forward for
Goodwin ordered him out Of the forecaste; him
have pistol pointed towards the forecastle door;
pointed mine IN through the window and ordered him
OUT he came, and put him in irons; then went to
about the injuries 10 Clark; they presented awful
sight, the cut deep could lay my two fingers in
cut on the top OF the head made by the handspse sent
boat ashore for surgeon Immediately and same day
sent Nr Clark ashore where he could be better attended
to; every person who saw him said he never could
cover. On crosseYamination he testified he both
the mate and Goodwin in contact second mate not
near to them to my knowledge capstan bar in the
mates hand after he got free from Goodwin, but in
the second mates hands when Duncan spoke TO me it
like order of Defiance after refusing the FIRST
time he said, IN not go forward-In die frst" he
said he would go forward if would stop the mate:
heard the report Of pistol when wont 10 arm myself
hut frad lrds haiti Odvviu
had ball in his shoulder, which caused be extracted
did not know he had been wounded until he told me
Nathaniel c. Clark being sworn testi6ed-I second
mate; chief mate board in the afternoon with
tbs BEATS crew, and they got deck, he asked
them why they disobeyed his orders in not coming
back to the ship in the morning; they made some
reply which l did not understand, and then walked
part of the forward Goodwin came back to the
mate in nsolent and clinched him for ight
stood neutral for WHILE then, seeing Duncan take
capsan bar and fearing there would be serious blow
tried to get peace without further difficult at this time
Goodwin and the mate had let OF each other went
to Goodwin civy and asked him to go forward and be
have himself he replied go away from me- you of
b-h, III murder you - and for fear Of his threat
mmedisely went away and tried to quiet Duncan, who
was threatening and going on at tremendous rate Good
top Of the head with handspke and, as was Keeling
under it. Goodwin cut the side Of head open with the
recoect seeing the coming down me- but was
stunned from the other blow that could not get Of
the way; remember nothing more which happened until
several days afterwards was entirely out of my senses
have not been able TO eat anything but spoon sctuals
since cannot separate my teeth my left also
injured much that cannot shut il and scarcely
see out Of it, at times mind has been much bewilder
ed; pains through my head from wound to the
other and that the side Of my head continues to rum
scarcely sleep at ALL piece of bone came out in
Palermo and three pieces the voyage there is
also dent the skull at the top Of the wound
On examination he testiied-I had weapon in
my hand.
Many other parts Of the captains evidence corrobo
rated by this witness
Levi Martin the steward being sworn testified that he
saw Dixon with the handspike; then Goodwin strike
the second mate the head with he stag
gering across the hatch; Clark was doing nothing.
James B. Knight, chief mate being sworn, test fled
very much the the captain and second mate In
addition he said that being rowed ashore he told the
men they might have fifteen twenty minutes to get
fruit and then they must return TO the ship thereupon
be went out riding around the country and came back
about found the boat abandoned and the about
town. told them TO take him aboard and asked why they
had not obeyed his orders to 90 back in fifteen or
twenty minutes; they said something about the weather
being too rough and they could not get of which was
it quite rough arriving board he asked them why
they dsobeyed his order when they hut
in nsolent manner he told them 90 forward and
he would settle the matter at another time in two or
three minutes after Goodwin att and demanded
iacton the spot told him to 90 forward and he put
himself In attitude of Defence clinched and cuf
he ensued; neither Of being hurt much went TO the
forecase afterwards TO put Goodwin in irons saw him
have pistol pointing it, and for self defence fired
dom inside.
For the defence several witnesses produced whose
evidence did not alter the For the most part their
evidence corroboratve Of the witnesses for
ton but Of them testified that the second mate
kicked Goodwin while the aver fighting the ma tie
that the mate struck Goodwin the head with hand
spike; and that the difficulty commenced by the mate
pushing him with his open hands when be refused to 60
forward.
Upon this state Of facts the defendants were committed
full for trial on beth the charges preferred against them