Page:Federal Reporter, 1st Series, Volume 9.djvu/582

 MOBEAT V. WHITB. 567 �thought, as there was, when he came from the cabin with liis pistol, perfect order and obedience from the libellant, and, so far as is dis- closed, from every other seaman on board. �It is claimed that the inquiry made qf Murray by the mate, wiien be presented the pistol, was as to his intentions to use the knife thereafter, and not as to what had been his former purpose. The court is not satisfied that such was the purpose of the inquiry, but, on the contrary, is inclined to the opinion that, when the mate came towards the sailor with his pistol, his purpose was to call him to account for what had already taken place. The witnesses in defence do not all agree exactly as to the precise language of the mate. He says he inquired of him "if he was going to stick the knife in me." The captain states it, "Do you intend to put that knife into me ?" The version of the cook and of the steward is that he asked him "it he meant to eut him with the knife." And such is substantially the statement of both the passerigers ; while the second mate testifles the language was, "You drew a knife on me." The log gives it that the mate inquired of Murray "if he intended to eut him ; " and such is the averment in the answer. The language of most of these witnesses, escepting the second mate, with the written statements, is certainly ambiguous, and may admit of either construction; but when the con- dition of things, as they then were, are taken into consideration^ it would seem clear that Murray's future intentions as to the use of the knife would not be a matter of inquiry. �At that moment there was no knife in sight. It was concealed in its sheath, which was under the clothing of Murray; and the seaman, instead of in any way indicating any purpose of renewing the quarrel and using his knife, was in the discharge of the duties to which he had been ordered by the master. The mate, therefore, had no rea- son whatever to expect further trouble, or that the man would resort to his knife; and had no occasion whatever, therefore, to inquirewhat the intentions of the libellant might be in the future, while, on the contrary, Murray having just before that drawn the knife when assaulted by the mate, he might well inquire if he had then intended to eut him with that instrument. �The court, therefore, has no doubt that the mate approached Mur- ray, with his pistol raised, ready to fire, with the object of calling him to account for his past misconduct, and this he had no authcarity to do in the presence of the master, especially as he had been an eye- witness of Murray's behavior, and apparently condoned his miscon- duct by ofdering him back to his duty. ��� �