The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-03
United States Commissioners Court.
Before Richard Il. Ssilwell, E.a.

"
CHARGE or ASSAULT WITH DANGEROUS wEAroHs.
SETT. 2-Jhe United States rs. John r. BG1a1sd.
-Da.enGaDt is Chief officer OF I be American ship
MiDna Sbiiisr, Mr.. Rdgway called and examined
Peter Iobnsoa, who testiisd:I vas second nate Of
the Minna SSifsr on her lsss- voyage from Calves
tcn a. sea, on Il 18th of August last, Mr. Barnard
stu.k ne IA the left eye vita bis fist and closed my
eye; tten he took the cooks carving knife and cut
a on the head three or four times all the cuts are
now ealed d except one thea he hauled my knife
ont Of my sheath and stabbed ma in the rghh side;
it is sore yet; captan came and took the kaife away
nate thtrsupoB got hammer out Of the tool chest,
which tbe captain also too,s away; be than & an
iron winch handle. and the captain took that from
him.
ON Cross examination by Mr. Donolue ne testided:
dop't know whether Was stindiog Up or lying
down when the mste struck me with the carving
kDi'e steward tcld me Of it; | know the mate was
on top Of me when ne cat my head; was not on top
Of the mate; oij not see him cut with the sheath
knife; he had hold of my hair, holding my head
Gown; ] was lying down somehow on my koaes; he
was lying oyer.me; felt Linn haul my knife out OF
nly steath.
ZachaIish Taylor was then sworn aud examined
was cook and st.ward on the 18th August. be-
tween twelve and one John. 90 came on deck fcom
dinner and sat the BOBBY hatch chief m ate said
TO bin, "don't mini the galopsaiIs don't set tlem;
the gaftopsails, don't understand Eagllah
very well" Barnard replied, "If ] tell yoa
to ret them or not set them | suppose
yon will obey the ordcr;" / don't remember which
uc rdlu, JOouSOu ISpLIu tnhs III tuc CnpIhiH suiu
him to set the Raftopssis, he would obey hin. bat
not Mr. Barnard; both officers then passed s-Ound
from laIboard to starboard; Barnard asked Jchuson
to take bis sheath knife of; johnson said he would
not take It of for any man; that he did not intend to
use 1t on any one; one or two words passed after
wards which do not recollect Barnard then str lck
johnson in the face; they rolled about dscks till the
captain parted them, and then clinchsd again; all
the knife saw was my chopping knife which wai
in Barnards hand rs he rolled over; took the knife
away; no more blows passed that saw; BARNARD
picked up q hammer and winch handle, which ths
captain tcok from him; saw ont afterwards II
Johrson's side, two little chops In his head; hl
knocked Il duty few days; at the tmo Of the DIFF
| fculty saw Johnsons sheath knife falling - th,
deck, but don't know where It came from; captain
parted them and rs he threw them apait, the knit
| fell; dont know which one IL fell nj Arrest to.
/, On cross domination he said:-When took th,
chopping t0ife from Barnard's hand, johnson wa
| on top uf nim; raw Barnard make an attempt Il
chop at johnson with the koife; Johnsons eye va
not to my recolle ction, closed up II was black.
| After hearing the counsel on both soes, the Com
missioner intimated that he should commit the d
| fendant whereupon the counsel for the defeplsr
asked and obtained time until Mondays 70 eubm
] ONE authorities upon the subject