Alleged Assault And Battery Aboard A Vessel

Alleged Assault And Battery Aboard A Vessel. - Angus Leach, who shipped at Cleveland, Ohio, as seaman on the schooner Timothy Baker, which arrived at this port yesterday, made complaint before the Chief of Police against Thomas Burke, Captain, and Hiram Henderson, Mate of the vessel, for assault and battery committed on the down trip after leaving the Canal.

They were arrested and examined before Justice Holbrook this morning. Leach testified that he was at the wheel when the affair occurred, and was doing his duty to the best of his ability, when he captain found fault with his steering, and with an oath ordered him to let go of the wheel and go aloft to shift some of the rigging.

He started to obey, and had got on the rail, when the mate stuck him and he nearly fell overboard. The mate then kicked him somewhere near the groin, and the captain shouted to him, Knock his G—d da—n brains out," or words to that effect.

Two of the seamen were called and substantially corroborated the narrative of Leach, and gave it as their opinion that the vessel was some 60 miles distant from Oswego at the time the affray occurred. Mr. Benedict, counsel for the defendants, then moved for a discharge on the ground hat the offense, if one had been committed. took place outside the jurisdiction of the county of Oswego, or the State of New York, and, if a matter of trial at all, could only be adjudicated on by the United States Court.

Considerable time was occupied in producing authorities pro and con, and the court deciding there was jurisdiction, denied the motion for a discharge. The captain was then called, and stated that the man was at the wheel, but was not steering the vessel and she was in danger, when he took the wheel away from him and ordered him aloft, but committed no assault on him, nor even laid hands on him.

The mate was called, and corroborated the statements of the captain, but testified that he (the mate) knocked Leach down and kicked him, because he refused to go aloft; that Leach said, after he was down, "Don't kill me," and as the mate pursued him caught up a handspike. The mate, saying two could play a that game, also picked up a handspike, and then Leach ran below, and the mate concluded to let him alone.

They both testified that Leach shipped as an able seaman, but was not competent to discharge his duty as such, though he could perform some of the duties of an ordinary seaman. They also claimed that he was of a rebellious disposition. Justice Holbrook decided to hold Capt. Burke, it was claimed by counsel that Henderson should be discharged, inasmuch as he had settled with Justice Morgan for the assault and the court could not renew the case.

It seems that Henderson went before Justice Morgan, after the vessel came in, pleaded guilty to assault and battery on Leach, paid $2, and took a paper in settlement, Leaching having as yet made no complaint and not being in any sense a party to the transaction. The court held that this settlement was of none effect, and required the captain and mate to give mail in the sum of $2,000 each, and the three witnesses in the sum of $300 each. The captain and mate refused to give bail.

P.S. - We learn that these men afterward pleaded guilty, and the captain was fined $6 and the mate $15.