“The first count in the indictment was for confining the captain, and the second for an assault on board of a vessel belonging to citizens of the United States, with a dangerous weapon. Both offences are charged to have been committed on the high seas, in the outer road off the port of St Domingo. The master gave in evidence that, whilst the vessel was lying in the port of St Domingo, and in the inner road, he was hastily passing the mate at night, and might unintentionally have touched him with his arm. The mate immediately seized him by his collar, twisted his hand in his cravat, where he held him for some time, and in the struggle, the mate fell on the deck, and the captain on him, the mate still retaining his hold, and the captain repeatedly ordering him to loose his hold and he would let him get up. The mate at length cried out for assistance, which brought two or three persons forward, who with difficulty, relieved the captain from the hold the mate had of him, The captain, apprehending himself to be in danger, retreated to his cabin and got out his pistol, which he laid on his bed, and was then returning to the deck when, at the foot of the stairs, he was met by the mate, who presented a pistol, which he declared to be loaded, to the breast of the captain. The latter immediately seized the muzzle and turned it from his breast, and succeeded finally, with the assistance of some persons from the deck, to wrest the pistol from his hand.”