The New York herald., 1869-06-15

blow inilcted upon MN. untl ne went lnto tne
hospital OF the eryspelas stokes was about the
vessel attending 10 his duty Why should not Stokes
be sick as Well as the others OF the passengers and
crew2 II there was other way OF accounting for
the death OF Stokes there would oe some ground Tor
believing that Stokes died Of violence.
was quite Tree to say that with the history of the
passage OF the snip the jury had nothng 10
do The question, SO far as regarded tne carpener
on trial, was brought down TO very narrow Iiil.s.
The question for the jury was whether the Defendant
| dd commit the acts which the indictment chargea
| against him. the indictment was drawn under two
sections OF the statute. II the carpenter were heu
TO be an oficer OF the ship, OF which he had grave
| dence were sufficient, Of the counts OF the
| indictments drawn under one section OF !e !he
statute but ae GGr, should rule anae Of the 6e
indictments would fall 10 the ground. The District
Attorney then argued, providing 1t should be ruied
that the carpenter was an officer that the carpenter
nor any other officer not even the captain could as
sauit members OF the crew uness IN cases OF great
| emergency, such as had not been shown to exist.
No conrradicts that Stokes was assaulted, not
even the Witnesses introduced by the defence That
man Is justified in knocKing a man down with
hammer OF that description exhibiting the
to be argued. Stokes was not an able
| seaman, bur an ordinary seaman, aud 1t was not
pretended that ne dd not do all that his position
required; and the assaults were without any justi-
cation whatever. Not only did the carpenter knock
| down Stokes, but kicked him after he was down.
| The other section OF the statute under which the
| prisoner was indicted was that providing for the
| punishment Of an assault with dangerous weapon
or with intent to XIII, by any person ON the nigh
| IhlS statute was dlfIefenI frOm the STATE
! statutes. 1t made offence OF an assault with a
| dangerous weapon, no matter what the intent
| was. There were two counts charging the prls-
| Oner with INJECTING blow with an iron hammer.
| The counsel, holding up the hammer, said 1t was
| not for him TO discuss whether IL was dangerous
| weapon. If hammer used as the witnesses had
testified dangerous weapon then the prisoner
could be found guilty OF an assault with dangerous
| weapon lie could be convicted under ali the counts
of the Indictment II the Court allowed the jury to
pass upon the counts charging hun with an assault
as an officer. 1t was no sort OF defence to say that
Itai infa tho
predisposed 10 eryspeias IL was probably developed
| by the beating which he received.
| THE CHARGE TO THE JURY.
Judge Benedict in charging the jury said that the
| trial was before the court by of the
| locality OF the transaction alleged to have taken
place. The high seas formed no part of any State
| they belonged to no man. They were the high seas
and therefore the properly OF the nations OF the
| earth. The only jurisdiction which could be eXer-
cised on the high seas was national jurisdiction,
1 and the laws governing men on the high
70 in opaer o
lives and business OF "those who go down to the
| in ships" When sman leaves the land he is tnen
r under no government except his own. The ship is
| little community, dependent upon Its own laws
until it reaches another land, and to regulate such
| ship returned TO the port to which she belonged
the officers were liable for every act which they
yet It o se aa
| have laws TO protect those under him against
the abuse OF his authority. The indictment in
statute. the first that OF 1885. This section was
confined to officers the one hand and the crew
under this section was, was the man who was
charged with beating the man Stokes without
| justihabe cause an O1lcers In an ordinary sail
ing ship carpenter was not an officer as the
| Court understood the law. In many cases, per-
| haps in most cases, the carpenter OF merchant
snip was hardly to be classed as oicer. In the
| navy he was an oflicer-a petty officer Upon the
| evidence as given IN this case Of the position OF
he must be held to be an officer Of the SHIP for
he had command Tne passengers were under his
control He had the exclusive charge Of the water
| OF the ship. He lived ait with the Doatswain and
one OF the mates These circumstances, the judg-
ment Of the Court. fastened upon the prisoner the
| responsibility OF q subaltern oficer, and brought
| him within the purvlew OF the statute The next
| question was whether he beat one OF the crew. 1t
| could not be doubted that this man Stokes was
one OF the crew. He was ranked an ordinary
| seaman. He was put on the watch. He was
lie was one Of the crew, and as such, was entitled
| to protection under the statute. Was he beaten?
That was question for the inry co decide. Then
| followed another question, which was whether or
| not there any jus,inable cause FOR the blow s
| which were testified in this case There cases
| gencies, where action mnst be taken at once, and
where the law permitted the force to accom-
| use. II the prisoner struck the man Stokes with a
Delaying pin in great emergency in such way
be performed Immediately, then he would moi
have been guilty OF the offence charged under
diction OF the blow was unjusiiia6Ie, and The
prisoner violated the statute The duty OF nnicting
l
master. An under officer had no right to use force
OF this kind except under circumstances where there
was no time to wait. the Court then reviewed the
fiction Of the blow, then the jury would have to find
the prisoner guilty. The fact that the chief officer
| gave an order to knock man down with a be-
not protect the onicer innctlng such an
| assault. No officer could make legal a blow
with a Delaying pm under circumstances requiring
no such treatment. The second count was drawn
under the act OF 1925 statute tnat was passed with
| a ~ fo al mt for.
bid upon the sea the use Of dangerous weapons The
master mad sometimes to inflict punishment, some
times use force, and this act was passed to abso-
lutely prevent under such circumstances the Of
| dangerous weapons. The question under the second
| the prisoner with an assault with an iron hammer
| Testimony had been INTRODUCED to show that the
stokes was struck rn with snrS II \ was
llfe then the blow was an unlawful one. These two
counts covered the TWO classes OF counts charged
against the prisoner. The Court did not think 1t
necessary TO consider than the first two counts
II the Jury found the fact 10 be that the blow gwen
| by the hammer was such blow as to endanger the
! life of the man upon whom H was inflicted, then,
| under the act OF 1926, the man should be found
6ardshps OF sailors and to their claims sympathy,
] but said this not o case tor such sympathy.
The mry. after an absence Of about fifteen or
twenty minutes returned verdict Of guilty on botn
counts
the ship James Foster, Jr was placed on trial mme-
dlately after the conclusion of the ioregoing one
| charged WIN an ussauIt Oh WulIaIn lHornlOn, u
| seaman. Thornton was put upon the stand,
| and testified that he was ordered to
sans e a the end. ay before ana coHd ad ns
| use them; II q man should fail from the jib boom
while slowing the sail he would be sure to go
! board: with this TACT In mind Thornton refused 10
obey the command on the ground that his hands
were IN such condition as to make IL Impossible
for him to do IT. Cruthers then said. "G-d d-n you,
want To see you fall overheard before you get TO
York;: with this he struck Thornton with Delaying
pin and Knocked him down. Otner testimony corrob-
n
the prosecution rested. No Witnesses, were called
for the sde!ence. The case was given TO the Jury
about hapast two O'Clock, after trial lasting not
over an hour. and In about two hours the jury
turned verdict Of guilty OF the first count, which
charged the prisoner as an officer with an assault
on one OF the crew.
mr. Nm Yros