Page:Federal Reporter, 1st Series, Volume 9.djvu/578

 MUBRAY V. WHITE. 563 �the house to clean the bueket-rack, or that any such foui and profane language was at any time spoken to Murray by either of them. The mate alleges that the libellant was direeted by the master to do his work better, to which he replied that he would not clean any better for any one, and thereupon the mate ordered libellant to go on with his work and stop his talk, to which libellant answered insolently,.and the mate then slapped the libellant on the side of his face, with his open hand, telling hira to keep on with his work and have no talk; that libellant immediately drew his sheath knife and came instantly towards the mate, who turned and fled towards the flfe-rail, pursued by Mur- ray with his drawn knife, until the mate got a pin from the fife-rail, when Murray turned and took a pin from the pin-rail, and then turned towards the mate with both knife and belaying-pin in his hands; that the captain ordered libellant to put back the pin and go to his work, which he did ; that respond- ent then went into the cabin and took from his trunk a loaded pistol, which had been loaded for a long time; leaving the pin in the cabin, he came out on deok and inquired of Murray if he intended to eut him with that knife; that he said and did nothing more, had no intention of shooting or injuring libel- lant, but expected that when Murray saw respondent armed and prepared to resist any attack with the knife, he would disclaim any purpose to use the knife upon respondent, and would, without trouble, thenceforth obey the com- œands and directions of respondent, but that, contrary to his expecta tiens, libellant suddenly and instantly again drew his sheath knife, and with it drawn sprang instantly and threateningly towards the respondent, who sprang back, and finding the libellant still pressing on him with the drawn knife and endangering his life, as he then believed, did then and npt till then, for the purpose of protecting himself, raise and fire the pistol at Murray's arm, and not at any vital part, and that the shot took effect in his shoulder ; that he did not strike him with a club before firing at him. �The answer of the master is corroborative of the raate's, and alleges that when the mate came out of the cabin he did not anticipate any assault upon libellant by the mate, and that the discharge of the pistol was so qiiick that he had not time to prevent it. �Besides the libellant, three others of the watch have been produced as wit- nesses in his behalf ; two of them at the time were employed in paint cleaning near to Murray^ and the other was at the wheel. These witnesses have for some time been detained in the jail in this city as witnesses for the govern- ment, in the prosecution of the mate for this assault, and have had the op- portunity of perusing or listening to a written version of these proceedings prepared by Murray, who appears to be a ready penman, and of more than the ordinary intelligence of a common sailor. The statement of these witnesses, in all essential partieulars, is but a repetition of Murray's testimony ; all agree- ing that the foui and profane language was used by both captain and mate, and that the mate came out from the cabin with his pistol and club, andstruck MuiTay with the club on the arm and immediately fired at him. �In addition to the testimony of the resppndents, they have examined the second mate, cook, steward, and two passengers. They all deny that any such language was made use of by either of respondents as is charged in the libel ; and there is' a Ijke conflict with the libellant and his witnesses as to the mate ��� �