The defendant in the last ease summoned the first and second mates for assaulting and cutting and) wounding im, on the somme day as in the preceding ease.
Complainant deposed—When the captain wanted to put the irons on me, Oran forward and sat down on the cathead.' £ was speaking to two other men, when the mate came rushing along the deck forward. I jumped up, when ho picked up ahandspike and strack me on the head with it. Ifell down, but immediately got up, and we struggled together, I was afterwarrs struck twice with the handspike, and also felt something sharp run into my leg. 1 fell down sensible, and can just recollect the second mate coming forward and kicking me in the face, as I lay. Ido not recollect anything else. While Dr. Barton was dressing my Wounds, the mate suid he was sorry he did not "lift the—overboard"; to which the second mate replied, "Lift th over: Doard now." Dr, Barton told them to keep away, as their conduct was brutish. It was cwith's capstan handspike that the mate struck me, It first struck the awning, and the force of the blow was broken before it reached my head, but it inducted a wound.
The chief mate said he was on the wharf, when a Chinaman told ting on board. He ran on board, but it was then allover. The complainant was sitting cat-tail forward, and he went towarii As soon as ho got near enough, compl iched up a handspike, and made a blow at rend, which ho (defendant) warded off with his wrist, and then twisted the weapon out of complainant's hands. Complainant then drew a knife, and just missed stabbing him in the side with it, Defendant then closed, and threw him down, and whether ho was stabbed in the thigh while falling with the knife in his hand, defendant did not know. The knife was found on the deck, and it was not at frst known on board whether it was himself or the complainant who was stabbed.
Complainant, in reply to the Court, said—The knife was my property. I cannot say whether I drew it in my excitement or not. T do not know how I was cut.
Gro. E. Porter, seaman, corroborated complainant's testimony, and'denied the mate's statement that complainant first took up the handspike.
Dr. Banton deposod—T know the nature of the complainant's wounds, The cut on the head could not have been caused by a hand-ike. It is very superficial, and about an ich Tong. It anight have been occasioned by his falling on something sharp on the deck. The scalp was not cut through. " The hair had been cut away, and the wound dressed, before T arrived. It could not have been caused by a handspike, even though the force of the blow was broken by the awning. His face was very much swollen, as if from blows, and there was a penetrated wound as if done by a knife, in the front of the thigh, which reached to the bone. He did not complain of his back, and I did not any bruise there. He told me that he drawn his knife in self-defence against tthe two mates, but that ho did not know how ho was stabbed. They were in an excited state, and I requested the mates to go away while I was dressing the man's wounds, They did not strike him then.
Cox, a seaman, was next examined, and confirmed the complainant's evidence.
The second mate admitted that he struck the complainant, but it was to make him let g0 the knife, His Worst, addressing the chief mate, said—In this case, as I have bad occasion to say to you before, you seem to have caused the whole thing." You were on the wharf, and were told there was some quarrelling on board. You go on board, and the complain-aut was then sitting quietly in the ship forward, showing that what had happened was allover. Tcannot see what right you had to rush forward towards him in the way you dit He was doing nothing then to call for interference from you. What he had been concerned in was all over; but he probably thought you meant to attack him, and defead himeelf thinking "you were. going to he might have picked up the handspike to
injure him. But the witnesses say he did not do ea, You leave your business on the wharf to go into the ship to have some kind of arow. The first row was all over, and a fresh one was begun by you. With respect to the blow on the head, Dr. Barton has said it was not done with a'handspike, and I am glad to find that in that particular the case against you has been overstated.
I will, put it aside altogether, wounding with thd knife, as it is uncertain how that was caused. want you to that if you had not gone on board,—if you had remained ly at your work on the wharf, nothing of kind would have happened. do not see why you should have meddled with The complainant goes forward, quietly sit: dos, you rush up to bim, and all th hie sues. The second mate, also, behaved disgraceful way for an officer, for it disgraceful for an officer to get fi all, fe has acted wrongly throughout doubt, he acted under passion, His row he complainant was so recent that his passion had not passed away, and when he saw him engaged with the mate he interfered and struck bimn, Ishall make no distinction between the tio cases, but shall fine you each $10 and costs, (Grover) v. Georar Witsox.
Text read from the printed page and cleaned; old type leaves the occasional error.