The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-05

shall. ACCORDING 70 tho clear weight Of evidsa,e-
on this h<ar pg four witnesses having ben oxsminr
ed for the prosecution and some thirteen for the de-
feDoe. All the ,desco charged sgsinst Captain
Marshall are alleged TO have been committed u ooa
TIE poop Deck, In broad daylight, and exposed 20
the view OF passengers and crew. Each q the four
Witnesses 70 separate assault not BY tue
Other and unsupported BY any other proof, snd dis
proved by some thirteen Witnesses who were ia
the habit Of constantly being upon the poop deck
and i's vicinity, and Who negative the possibility
Of the occurrences having taken place. Toe
charge of pricking Cook In the face With q
knife would, Il made out, come within the sta uss ss
an asssu.t with dangerous weapon, or the inf G
ton ii cruel and uDusuL punishment. A SEAMAN
by the name of Watson is the only witness to tais;
be testfies TO its having been committed come ten
different tines. In place exposed to general view
and notice, and yet not soul on board
bis iestnt ny; the doctor, on the contrary swsars
positively that although daily attending the msn,
appears that before leaving Liverpool Captaia Mar.
shall had suffered Q mutilstion and manning 70
the extent Ct destroying bis entire Lett hand, which
was in cling during the home voyage. That fre-
quept and active assaults, &c. would be under
taken by him under such circumstances, L. not
readily TO be received. Captain Marshal Is also
charged with an assault with. dangerous
weapon on seaman By tho name Of
had quarrel with The mate (for being ncompe-
tent) was put in irons and sent lahore and left Cot
ION swears that the mate struck him, blackened
his eyes and otherwise bruised him, and put him Ia
irons, Captain Marshall being ON shore; that when
Capt. Marshall came on board, witness standing aft
at the door OF the wheeln0use, explained to Capt.
Marshall the cause Of his being ir0ned, whereupon
Marshall struck him several blows with the loaded
END Of cane across the face dislocsng his nose &c
sailor by the name Of Fulton, who had been turn-
ed ashore for incompetency, says he was, at the
time, standing at the stem Of the longb,at, at the
cutwater, upon the house for ward, and Captain
Marshall strike Cotton three times with q cane on
the fare. Cotton he atrUrk him g1cn
across the nose, and once the back of his head.
The witness Fulton was about $50 feet forward of
the wheel-nouse: the long boat was slowed amid
ships, and, according to the evidence fer the de-
fence, the witness could not have seen the place
of the occurrence att, unless standing some seven
or eight feet away from the stern Of the boat,
in consequence Of intervening obstacles. Two
witnesses for the defence, VINO were aft at the
time, disprove any assault bv Captain Marshall
identity an ordinary cane of the thickness of the
little finger and one of them describes the face Of
Cotton, after his ARRAY with the mate, and before
Captain Marshall came on board, as presenting
q pair of black eyes, and bruse or cut on the
nose, which, If fra ctured or dislocated has, at
this time, super Uisum," regaiued its original
straight, regular form and uniDjured appearance.
Upon the evidence, as now before me, / regard 1t
wholly insufficient to commit the prisoner for the Of
fences of an assault with dangerous weapon,
hci0usly iDflicting cruel and unusual punishment,
either upon Nicholas Cook or Thomas Cotton. Cap
tain Marshall is held under heavy bonds to appear
at the September term, which will not be affected
by this decision and it remains entirely at the op
ton Of the District Attorney, if thinking diff rently
from the Commissioner, or if enabled to procure
further evidence, to lay the case before the Grand
Jury, which will assemble ON Tuesday next. The
prisoner is now discharged.
Before Richard E. Sfilwell, Esq.
SEPT. An the matter of John r. Bdrnard-The
accused was mate of the ship Ninna Scheffer, and
was charged with assault with dangerous weapon.
The decision was reserved until this morning. when
the Commissioner discharged the prisoner.