New-York daily tribune., 1854-09-05
Ia " INTELLIGENCE.
U. S. COMMISSIONERS oFFIcE-Bnsrs Commissioner


On the complaints ia the United States Court
eainst Capt. Charles A. Marshall the examinations
OF which we have already referred 70, the Commis-
sioner rendered decision this forenoon, reviewing
the testimony and dismissirg the complaints.
The following is the opinion Of the Commissioner
in rendering the decision
The United States against Charles A. M7rshaH.-
The prisoner, who was master of the Yorkshire in
her last voyage from Liverpool 10 Newfork. is
charged with several oenses under the laws of the
United States, committed upon two men of the name
of Nicholas Cook and John Cotton, being Of the crew
of said vessel.
The cffepses under the statute upon which the evi-
dence is offered are an assault with n dangerous
weapon ard the infictOn of cruel ana unusual pun
sbment, & &C., by pricking the face df Nicholas Cook
with pen-knie upon some ten different occasions
while on duty at the wheel; hos ging WITH rope,
kicking in the face eBd suffering him 10 be struck
with an iron bar; striking with iron Delaying pin.
and strikiI Cotton the face with loaded cane.
Cook was no doubt, inhumanly treated by some Of
the inferior ofcers who thus far have escaped ar
rest and the death of Cook after the arrival of the
vessel AZ Eew-York was caused II appears by the
medical evidence Of the Hospital. by injuries 10 the
skull inflicted by one of the mates. and pulmonary
disease.
This brutality does not appear to have been at all
shared in or brought TO the knowledge OF Capt. Mar.
shall according TO the clearest weight of evidence
On this hearing four witnesses have been examined
for the prosecution and thirteen for the defense.
All the ofIeuses charged against Cspt. Marshall
are alleged 10 have been committed on the poop
deck in broad Wight, and exposed 10 the view Of
the passengers and Each Of the four witnesses
swore 10 separate assault and which were not seen
by the others and tbey unsupported by any other
proof an6 disproved by some thirteen witnesses who
were in the habit of constantly being upon the poop
Geek ard its vicinity and who negative the possibii-
" Of the occurrences having taken place.
The charge of prioking the face Of Cook with
knife would If made out. come within the statute
al assault with dangerous weapon, or the infection
of cruel and unusual punishment
seaman by the name of Watson il the only wit.
ness 10 this He testifes TO lis having been commit
ted severe different times, In place exposed to gen
eral view and notice and yet not a soul on board
corroborated biz testimony The doctor, on the
traiy swears positively that although daily attending
the man, be could see no scars or prlcSing on his
face.
II appears that before leaving Liverpool Capt. Mar
sbel hsd suffered mu,ilaton and arsing to the ex
tent Of destroying his entire left hand, which in
sling du ing the whole voyage, and that frequent aud
active assaults. &C.. would have been undertaken by
him under such circumstances "a not readily to be
ceived
Can't. Marshall is also charged with az assault with
a dangerous weapon on seaman by the name of
Thomas Cotton, who after shipping at Liverpool had
a quarrel with the mate ion the ground OF being IN
compe;eLt ard was put la irons, and subsequently
sent shore and left.
Cotton swear. that the mate struck him blacked
his eyes and otherwise bruised hin, and put him in
irons-Capt. Marshall al the time being on shOre
that when Capt Marshall came on board, witness
standing eft at the door of the wheelhouse explained
10 Capt Marshal the Of bis being roned where
upon Capt Marshall struck him two bcws with the
loaded eud of cane of them the face dis
locating his nose
sailor BY the name Of Fulton, who had been
turned ashore at Liverpool on charge of ncOnpe-
tency or ran away, says he was at the time standing
at the item Of the g-bost, at the cutwaer, upon
the house forward, ara sew Cap. Marshall strike
Gotten three times with a in the face. Cotton
himself .wears Capt. NJ. struck him twice,
acrdss biz nose and once across the back Of his
head.
The witness was abOu; $50 feet forward of the
ybe.lhcuse-the long-boat was slowed amdships,
and according 10 tie evidence the witness could not
have seen the place Of the occurrence aft unless stand
ing Oma eight fee. away from the stern of
the beat in consequence Of intervening obstacles.
Two witnesses who were aft at the time, iden-
tify as carried By him. an ordinary cane of the
thickness Of the little finger, and one of them de-
scribes the face of Cotton after his affair with the
mate and before Capt Marshall came on board, as
presenting pair Of black eyes and bruise or cut
on the nose which If fractured or disoested has at
this time sgJsr usu. r-galned its original straight,
regular form and unrjured appearance.
J'pon the evidence, ss now before ne, l regard it
wholly insufficient commit the prisoher for the Of
fense Of an assart with dangerous weapon. or ma
Iicious infection Of cruel and unusual punishment,
either Ut on Nicholas Cook or Thomas Cotton.
Capt. Marshall Is held under heavy bonds to ap-
near AZ TIE September Term. which will no, be az
iectd by this decision and it remains entirely a, the
opton Of the District Attorney if thinking different
fom the Commissioner or if enabled by further evil
depce TO Law the esse before the Grand Jury which
will assemble to-day The prisoner now discharged.
This decision discharges Capt N. 50 far a. relates
TO these cases in the T. s. Court. II does not Affect
any proceeding in the State Court.
CHARGE OF ATTEMPT AT REVOLT.
James Mcdonald, George Price, Joseph Clark,
James Smith and George Smith, seamen OF the ship
John Ru,ledge. were arrested on Saturday by Deputy
Marshal Horton, on board the ship. OF Bedloes
Island, on a charge Of the above. They were eIfn
ined yesterday. Cspt Sands Of the ship testified q
folloys:
am master Of the American ship John Rutiedge;
defendants we're part Of my crew they shipped mere