The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-27
u. 3. Commits toner's Court.
Before Richard Il. SrillWell. ESQ.


Nov. 28.-MUTINY AND ASSAULTS WITH INTENT TO
kILL-THE UNITED STATES vs.. JAMES G.. URbEN
ALIAS PETER MANLY.
Christian Vandycke being sworn, and examined
by Mr.. Ridgway, Assistant United States District
Attorney, testified as follows:-I am master Of the
American ship Marathon, belonging to New Orleans;
I've LETT there September ~, bound to Havana and
New York; the defendants name is on the articles as
Peter Manly, he answered to that name; few
minutes aft1r we left the levee at New Orleans,
pistol was fired from the ship; the captain of the
|steamer which was towing us, came on board in q
hste while, bringing an iron ramrod, which he eaid
|Df his coat; we reached Havana On Fruny. aDOus
Me 18th October, and on the following Monday,
while. lying at anchor in the harbor, the mate re-
6rward with him to inquire into it; found Manly and
The boy Robert Foster there; asked Manly why he
would not go to work; he replied that he would do
40 more duty on board the ship; turned to the boy
his berth in the forecaste and hauled out the pis
pol now produced, saying, "You id son of b-h
ii shoot you If you don't leave the boy alone" he
booked it as he took it out Of the BERTH and then
vent out of the forecase to the top gallant fore
castle, still threatening to shoot me; left the boy
hnd went out Of the torecaste, and as l was going
1T he snapped the pistol at me; it was loaded but
id not 60 Oft; then called the mate to come aft,
would 60 ashore to zee the consul the prisoner con-
nuing 70 use threat, that he would kill myself and
nate il We came forward; / was prevented from
going forward by Manly's threats; my authority was
10 far destroyed that had not entire control over
he whole ship; this pistol and the knife here pro.
uced were found in the forecastle. and Manly &C.
nowledged in my presence, before the consul, that
hey were his; went to the consul he took the evil
ense OF five witnesses and ordered Manly to be sent
the Unked States for trial; he Was sent home in
he steamer Black Warrior.
Edward R. Fairbanks being also sworn and ex-
|mined, said-I am chief mate Of the Marathon; re-
ollect hearing pistol fired from our ship as we
ere coming down the Mississippi river; to the best
u INV Aop1 u AroA 10 ncxr~
irving in Havana, while getting ready to discharge
Allast, did not see Manly or the boy Foster at
ork; ] made inquiry, and on finding they were in
be forecaatle, | said to Manly, Are you going to
Fork to-day? 1t Is about time to turn too;' he au-
wered, 81 shall do no more work on board this
Aip;" noticed Foster there with him, and told him
come out and proceed to work; he refused and
I'd ne would not unless his friend Manly did-Manly
the same time saying that he had charge of the
by, and he should not work; that must not trouble
IN; went aft and acquainted the captain, and in q
minutes we walked forward, and asked the two
80 to duty; Manly refused; captain took hold Of
orK;' the boy had sheath knife in his hand, hold
10 threatening manner, and tried to get way; I
OK bold OF his wrists, and captain took the knife
pm him; Manly walked to his berth, and after feel
around, drew ont this pistol; he went forward
rough the door on to the gallant forccaste frat
ying to the captain, ''You son of b-i, I'll
oot you, if you don't leave tie boy alone;" Foster
lied out while ! was holding him, "Peier, shoot
is SOC Of b-h who is holding me;' at this time
ew the prisoner printing the pistol; captain here
lied TO me to leave the forecastle; / oDeyed his
Fections; as was passing aft, Manly poinied the
ssel at me, and then threw tin pot at me, which
uck the rail, and became fiattened by the blow; I
70 saw Manly point the pistol ut the captain on
ok; directly after pointing at the captain, saw
anly prime 1t again; ne told me he would blow my
aims out; captain went ashore, leaving me in com
md; during all the time be was on shore, Manly
command Of the forecastle; il had desired to 70
ward, could not, because OF the threats made BY
.nly; when he threw the tin pot at me, he said III
Z kill that son Of a Oh, any how" know the
tol was loaded when it was pointed at me and the
plain, because he was in my sight until he fired IL
he fred it under the toD.gallan. forecastle; I
EDWARDS examined the place, and found that two
Is had penetrated through paint locker door,
also tor Jugh q spirits OF turpcntine tin can.
rhe evidence showing a clear violation of the
tute, HIS Honor committed the prisoner in full.