The Portland daily press., 1878-01-11
U. S. Circuit Court.
BEFORE JUDGE FOX.

THURsDAY.-United States by indictment vs. An
drew Jones for manslaughter. The court came in
at 10 a. M, but government witness expected from
Gloucester not having arrived arrived the court adj
journed until p. m. This witness was required to
prove the American ownership of the Gael as al
legged in the Indictment. The court room in the af-
ternoon was crowded with listeners. The witness
appearing, and about to be sworn, the counsel for
the defence admitted the fact in controversy, and
there being evidence to present for the prisoner
Mr.. William Henry Clifford at once proceeded to adj
dress the jury.
He said that it was a matter of regret that the
dreadful transaction board the schooner Gael
the 18th of last December unwitnessed by hui
man eye. Some things that preceded it and the sad
results were seen; but between the time when the
last dOry left the vessel and the first dory returned,
there was vast void, only darkness. The presump-
ton OF law is that the killing was done in self de-
fence, unless it can be shown. as it has not been,
that Andrew Jones used the knife with which it is
claimed the deed was done. 1t was the masters
duty to have restrained the men from drinking in
stead of melting them thereto. How came the mas
ter's rubber clothes in the forecastle? They were
placed there by the master himself, who deliberately
took them off, that he might the free Of his
limbs, to beat and pound this defendant who had
crawled there and lain down in his drunkenness.
The broken erockery on the floor point to struggle
there. This view accords with the poor mans dream
thas he was lying somewhere, and the captain came
and struck him, after which he recollects nothing.
The captain gave significant signs of his temper be-
fore the dores left in the pushing Jones over and
in his angry talk. The knife was found where it
it might have fallen from the captains own hand.
Even Jones did use the knife there is no evidence
that he did not it to defend himself against other
weapons in the hands of the captain-such as buck
cts table legs, &C., which lay near by II the de-
PENDANT selected this the largest knife on board and
came upon the captain unawales from behind, as the
government ntmates, he is guilty OF murder, and he
is only indicted for manslaughter. 1t is absurd to
suppose he would have left this knife by the cap
tain's side to tell the story of his guilt. when it is
serted that he drenched the captains body with
water to wash away the evidences Of his guilt. How
do you know that the cuts on Holgar Johnsons head
were not made by another knife used in defence
against this knife? Holgar johnson, younger and
stronger, may have had this defendant in his grasp
pinned down upon the deck, and this knife may
have been used purely in selfdefence to beat off the
drunken fend; and in the terror OF the moment the
blows may have been given in quick succession be-
fore the fatal effect of either could be suspected
Again, when this captain lay harmless upon the
sail back and forth in sight of the dories instead of
making for the shore and escaping into Canada On
the contrary he lays by and surrenders himself
which is only consistent with his innocence, When
accused of killing the captain, by his comrades, he
Indignantly Declares eff you say that, I'll do you;
form of expression in this poor trenzied man not to
be understood against him. This man is presumed
to be innocent. You are to consider from the cir
cumstances who was probably the assailant. There
was no ill-will between these parties. These two
men were boon companions in the debaueh Of the
night of the 14th. When Andrew Jones gave these
blows in quick succession to the drunken man who
had stripped himself for the struggle, he thought he
say that he was not right.
Mr.. Clifford closed with suggestions to the grave
nature of the crime, and begged the jury to be
full not to do a great injustice to this unfortunate
man.
On behalf of the Government the Dist. Attorney,
Hon. Nathan Webb after quoting the statute under
which the Indictment is drawn, said:
What must the government prove beyond a rea-
sanable doubt:The place first The court will instruct
you, that the waters where this crime was commit
ted without the jurisdiction of any State, upon
the high seas The next question is, by whom was
the crime committed? The men were alone upon
the vessel. IT Holgar Johnson's injuries were in
ficted by human agency, they must have been in
could have made them. The cuts were clean and
sharp. The law does not allow man to take an
others life and stand back on his dignity and say,
nobody saw me do it, At one moment the defendant
is represented feeby crawling about the deck, and
the next as using the strength of giant III plying
this knife to get clear from the captain It was this
yonng, vigorous captain that was tumbling about
helpless on deck, according to the evidence. The
circumstances in this negative the theory that
Andrew Jones used this knife in the midst of dead
1y struggle. don't care how the clothes came in
the forecastle nor how the plates got broken. The
blows were not dealt by man pinoned to the deck;
they dealt with full force and sent the weapon
crashing through the SKULL Could these blows have
been delivered upon various parts of the head of
them off? The DR.. told you that from the wound on
the temple the blood would at once have spurted
several Feet but it is not found staining the vessel to
show where the struggle was. There was no such
struggle. The DR.. also told you that one of the
blows would lave knocked the captain down. Self
defence did not require these other blows. The de-
fendants scars are all healed though his wounds
muchinsisted on were made only three weeks ago.
He supposed the master would recover; that's the
reason he did not attempt to run away. 1t is said
he did not drench the body with water to conceal the
crime because it did not conceal it, Crime is always
inconsistent with rational action. The Almighty has
SO framed us that we act prudently only when we
act rightly. The probability is that the captain
gave Jones drubbing; that Jones took it without
wary and unwatchfui captain, and dealt the blows
with this knife with which he had armed himself.
You will remember that while the whole machinery
of the law is designed protect the innocent, 1T is
not intended to screen the guilty.
The case will be given to the jury tomorrow at 10
O'Clock.
Hon.Nathan Webb for government.
Cfords for defendant.