Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-04-21
TUT doof ULT UN THE HIFH bEIS.
Steward Isaac Cross of the American
Bark E. p. Avery Arraigned at the
United statcs District Court.

session OF the United States district court
Wednesday was that Of Isaac Cross, stewart
of the American Bark Il. +. Avery, charged
with assault and battery on the high seas,
Martin johnson, one OF the crew of the
Avery. The defendant pleaded not guilty.
The following jury was called: Charles
Rash, John Pilling, W. H. Guthrie, Samuel
Hawkins, William Wheatley, John jack
son, w. A. Husbands William Finn. w.
A. Q. Hardcastle, J. Frank Denney
Stephen Downey. Stansbury J. Wheatley.
w. Michael Byrne appeared for the de-
fence. The first witness was Martin John
son, who testified that Cross shot him in
the left side. He had given no cause for
the stewards shooting him. The bullet is
still in his side.
Joseph Smith, another Of the Avery's
sailors, detailed the incidents of Cross
attack on johnson. He witnessed the
shooting and saw the pistol in Cross
hands. DR.. Hiram X. Burton of Lewes
unry 10th. The wound was located above
the left breast, probably made by small
pistol ball. Tho bullet could not be found
atsthe time. Its course was round the left
side, glahcinR past rib when IL became
embedded. AS it was not dangerous
wound, therefore no effort was made to
extract the ball. 1t was very unlikely
under any circumstances to be dangerous.
Steward Isaac Cross was then placed upon
the stand. His story showed that the be-
ginning of the trouble between himself
and johnson was in regard to short allow
ance, especially about butter. He after
wards quarreed about the meat. Event
ually Johnson came in to the galley
threatening the witness, with his arm up
lifted and n Delaying pin in his hand.
Cross was driven back by johnson, when
the steward snatched ZIP his pistol and
fired.
he heard johnson say that he intended
Draining Steward Cross, but the court ruled
such testimony had come in too late.
Juryman W. A. q. Hardcastle of Smyrna
became suddenly ill and was allowed, on
the representations Of counsel, to go home.
Court then adjourned to 10 a. M. Thurs
day.
The case of Isaac Cross, steward of the
bark Avary on the charge Of assault on
the high seas in shooting at Martin John
son was continued in the United States
court Thursday morning.
Distrct-attorney Bcniah Watson opened
the argument and was followed by Mr..
Byrne. The latter's argument was that the
steward acted IN self-defence and justiIi-
ably SO.
Mr.. Watson in closing emphatically
denied Mr.. Byrncs position of Steward
Cross shooting in self defence.
In charging the jury Judge Wales re-
ferred to the law in the case. The prisoner
is indicted on several counts Of which there
are two in chief, first, with assault with a
dangerous weapon and second with assault
with intent to kill Martin Johnson. There
is no doubt about the main facts of the
case. Everything depends upon what oc-
cured at the moment when johnson en-
tered the galley to the time of shooting
The excuse of counsel is self-defense
That is an excellentiexcuse,a about as useful
as an abb. What was Johnson's reason
in going back with the Delaying pin
to the galley? What was his purpose
II he came back with the purpose of strik-
ing Cross and the latter recognized he was
in danger of bodily harm the latter was
justified in defending himself. The two
men stood foot to foot. They were strong
determined with weapons in hand and one
was deadly weapon. Cross stood in his
own place. He could not escape. He was
there engaged in his rightful cooking bust
ness. If Cross did honestly believe his life
in danger the law justified him in shoot
ing. The point for you to settle is Just
what occurred at the moment that johnson
crossed the threshold of the cooks galley.
The jury then retired.
The next case was that against John r.
bbIt Vi htUtOll, WIN WIS CudTEGu WllIl
writing an obscene letter to DR.. W. H..
Cooper of the same place.
Counsel for defence brought up some
very interesting arguments, one of which
was in regard to recent supreme court
decision in effect that a sealed letter con-
tanning certain obscene or lewd matter,
received by the addressee, does not become
. violation of the United States postal laws
by the sender. The only transgression is
xvhap tho rapaiuar ShnHa N 10
around; then, being published. the person
showing the enclosure around is punish
able, il anyone be punishable, but GER
tainly not the original sender, as he was
not the publisher, the mail matter, though
concededly obscene, being private between
the two, the sender and the receiver, and
therefore is not publication until so
made by the ADDRESSED.
Counsel claimed that o private, sealed
letter is not a publication and that is
Poore's case.
Court adjourned to 2 p. m.
ISAAC CROSS ACQUITTED.
At 2.10 o'clock the Cross Jury returned to
court. In reply to the inquiry of the clerk
of the court, foreman Rash replied that
the verdict found was mot guilty"
Judge Wales-"1he court approves of
your verdict, gentlemen. 1t is very
righteous one"
The Jury was then informed that they
would be required to attend on April 18th
at the meeting of the circuit court.
Argument in the case of John T.
poore, charged with violation of postal
laws, was then resumed by Mr. Vandegrift.
| At Thursday afternoons session of the
| United States district court counsel con
tinued argument on demurrer in the Poore
| postal regulations case. Argument was
closed Mt p. m.
In the afternoon following his acQuittal
Steward Cross of the American bark II. +
| Avery swore ont warrant against the
| sailor Martin johnson, who was the prose
cutting witness in the case. on the charge
of assault and battery. United States Mar
and johnson is now in Jail. A preliminary
hearing was given before United State,
Commissioner ). redmond Smith Friday
| morning.
Each Of the witnesses in the Cross case
Johnson and Smith will receive $50 as fee
on detention for 90 days in jail awaiting
the final hearing of the case. 1t is nov
Cross turn to be interned i'll Jail as uniteC
States witness, il he cannot furnish bail
Smith will probably be needed as a witnes.
should the commissioner determine tina
his evidence is necessary.
Before United States Commissioner s
redmond Smith Friday morning Martir
| Johnson, sailor of the American bark
Avery, was given a preliminary hearing
on the charge of assault OIL Steward lsaai
Cross. After hearing the testimony Dis
| trict Attorney Beniah Watson asked tina
the prisoner be discharged, as Cross, VIII,
shot Johnson during The quarrel, hat
been acquitted, and the Cross action hat
the appearance OF inalevolcnce. johnson
was then discharged
l