885

Case No. 15,575.

UNITED STATES v. LAWRENCE.

[1 Cranch, C. C. 94.]1

Circuit Court, District of Columbia.

Nov. Term, 1802.

SEAMEN—REVOLT—ASSAULT UPON MASTER.

Assault and battery by a seaman upon the master of a vessel, does not amount to a confinement of the commander, nor an attempt to excite a revolt within the act of congress.

Indictment [against William Lawrence] for assaulting and beating the master of the brig Neptune (G. Colman), at sea, and attempting to excite a revolt. See the act of congress of April 30, 1790, c. 9, § 12 (1 Stat. 112).

Mr. Jones, for the defendant, moved the court to instruct the jury that proof of a mere assault and battery, committed at sea by a seaman upon his commander, does not amount to a confinement of the commander, 886nor to an attempt to excite a revolt, within the act of congress, which instruction was given by KILTY, Chief Judge, and CRANCH, Circuit Judge

MARSHALL, Circuit Judge, thinking the question did not apply to the case, refused to give an opinion.

1 [Reported by Hon. William Cranch, Chief Judge.]

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