The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-12
IRE Charges OF Assault Board the Saip
York. Lac.

Before Gsorgs W Morton, Esq.
DEMONSTRATIONS OF THE CASE AND ACouITTAL OF
CAPTAIN MARSHALL.
SEr1LMrER 1.-The Lned SiGfesrs Charles A. Marshall
Tho soner captain tho ship Yorkshire WAS
to'ore charged % aith assaulting one OF the crew,
Nch")ne taok, WITT q dangerous seapon and nfictng
cruel ard upusual punishment ead to have been
IN tied upon hin some tea diferen. occasions
posed u general obrevaton Tue offence sought 10 be
pro'eC consisted in prckng siih peukni tho Of
Coos lille AZ the sheel-(2) with sn assault upon Tho
mas Gator tlsoa sesnan on board the same vessel
The evidence considered By the Commissioner wholly
insufi' lent 10 authorize commiitai in eithe
sin that deci'ion the district Attorney has suggested
that further evidence might have been offered
part Of tue United States nd that the should be
opeLe1 shat the Connie soner might decision
WITH all h proof before N The c,uasel for Captain
Mars6al sssents to this The euper died evidence
consists az The exsmpa ions Of witnesses
beio- The coroner A. 70 the Charge against Captain
hall for assanl'ing Thomas Cotton nothing
wtate,er is said by any of the witnesses in
any way ipcalpasipg the prisoner aud consequent
y Ieconsidorit on Fl the Commissioners de
con to that charge becomes :ess ary.
~ o the charge Of prckns the face Of Nichols Cook
~ata pcpkrne William Brsansn is the only ~itnass in
tie toom' ioner To. pa Of the United otste who
speaks II this al'eg ID assault Brehnsn says g" have
teer Tie captain pick his (Coos'sl face with len
tia this act hss betn commi tedY SeconG-If proved
would j, ctrstiuts offence contemplate. by the
TUE as Assault with Dangerous weapon or tt in.
hicti OF cruel and unusual pun The offence
as heretofore observed etihed to by Watson, was
committed some ten times, in broad daylight, at the
tepgers Cut Of fourteen OF the crew, Rrsnnan alone
co,Iob rates VISIT on by saying II have thu captain
prick Coos's face with the penknfe' Thirteen wit.
examined bef the Commissioner nooe of
wtom sustain Watson and Brennan but contradict them
by The strongest circun santial testimony. Thus out
Of twenty five perst board, and passengers
examined, but two testify to the occurrence wi,
tai. Place Surpcsng the fact proved, is 1t as
sault With dangerous weapon the malicious Indie
III 4 cruel ana unusual punishment Would it con-
stitl'e an attempt to offer to 20. tbs actual doing
corporcal burt to another with dangerous yea.
n With dam
person u seaman would primo fdce constitute
offence and throw upon the prisoner tho bdrcea
usfyirg its from the emergencies nndcr whicr he
was placed, such mutiny, Sc but tho woap pom mus.
appear to have hecn used with hostile intent with
the dcseu of mi ring the person, and where no.niog
vol. nt or vindciiye nterabe from the Of
The pri-o, tho pretenced of The weapon
DO injurious consequences resulted, and uury was
inflicted, no offence within tho statute be real 2ed
Ia The present case, rot only ia violence,
E amt from Cook blood or marx, iaceIaton no
usrk Of injury sc alleged by those two Witnesses
but that hing Of tie kind existed is After
careful eAomiuaon OF the additional evitence it does
not sec TO authorize change in the conclusion be-
fore EXPRESSED by the Commissioner which is nov re-
afismeothat the prisoner be discharged as the a.
legged offences against Nicholas Cook Thomas Cot