The true northerner., 1899-08-09
VICTIM OF HIS OWN FOLLY
CHARLES BERNARD SHOT AT SOUTH HA-
VEN. OPENS FIRE ON SHERIFF THOMAS
AND UNDER SHERIFF BRITToN Or
FICERss FIRE IN RETURN

FICERssFIRE IN RETURN.
An unfortunate shooting affray occur
red atSouth Haven on Thursday last, for
the result of which the victim, himself,
seems wholly to blame.
On the 29th day of July, Messrs. God
frey d Newbre, owners of dock on the
river at South Haven, by Messrs. Cook
q Cook, their attorneys, filed a COM
plant in the Office of the county clerk,
as provided 10y law, alleging that the
Steamer Louise Ia small Chicago craft
plying on the river, carrying pleasure
parties to and fro was indebted to them
in the sum eight dollars for dockage.
Following the practice prescribed by
the statute, summons for the owner
and warrant or attachment for the yes
sci, was duly issued, and placed in the
handsof Deputy Sheriff Gleason of South
Haven for service. He went on board the
vessel for the purpose of carrying out the
provisions of the writ, but the master of
the boat, NJ. j. Maloney, and Charles
Bernard, the owner, who was also the
engineer of the vessel refused TO sub
NIT To his authority and after carving
him up the river couple of miles or so,
put him off the boat and threatened to
brain him if he ever came on board
again. Sheriff Thomas and Deputy Chap
pell went to South Haven to look after
matters, and, after investigation, a war
rant was issued for the arrest of Maloney
and Bernard, on a charge of resisting an
officer while in the discharge of official
duty.
Maloney Inexperienced on board the
Louise, but not until after he had shown
considerable bluster and made some
threats as to what he would do Bernard
had gone to Chicago, but was arrested
on his return the next day. They were
taken before Justice Wallingford, where
they gave bonds to appear for examina-
ton, in the sum of $500 each.
Before proceeding further, Sheriff
Thomas took counsel as to his power and
duty in the premises, and was advised to
proceed in the service of the process
against the boat
On Thursday last accompanied by
Under Sheriff Britton and Deputy Chap
pell, he went to South Haven for that
purpose Before going on board the
vessel he saw the owner, Bernard, and
told him what he was there for. Bernard
boarded the vessel just ahead of the of
ticers (Thomas and Britton) and passed
around the boiler, where it is thought he
procured a revolver and Immediately
fired at Officer Britton, wounding him
in one of his fingers and then turning he
fired at the sheriff, the ball passing in
unpleasant proximity to Mr. Thomas
head. Of course, there was but one thing
for the officers to do, and that was to re-
turn the fire, which they did. One bull
let struck Bernard in the neck and, tax
ing a downward course, lodged under
the shoulder blade, inflicting a very dan
gerous wound At this writing it is re-
ported that the symptoms of the wound
ed man are somewhat improved and
hopes are entertained that he may not
be fatally injured.
Officer Britton was left in charge of
the vessel and, on Saturday last, Maloney,
the captain, with w. G.. Packard as
surety, under the direction of Jas.
O'Hara, Maloneys attorney, gave bonds
as provided by statute, and a writ was
issued releasing the vessel. This course
might have been, and should have been,
pursued in the first instance, thus saving
large expense to the parties, averting
tragedy and possibly saving a life, and
all for the paltry sum of eight dollars.
1t was claimed by the vessel men that
that they were only amenable to the au
thority of the general government and
that no officer had jurisdiction over them,
except a U. S. marshal or his deputy
However, the statute under which the
proceedings were had, has several times
been before the supreme court of the
state and, in each instance, has been sus-
tanned. 1t would be strange state of
affairs, indeed, if the great state of Mich
igan had no jurisdiction over offenses
committed within her borders, simply
because the parties happened to be on
board boat. Fortunately, such does
not seem to be the law.