¶1informed the jury, that for misbehaviour of a mariner at sea, the captain was justified in giving a sailor moderate correction; and in case of resistance or mutinous conduct, he might suppress it in the best way he could; and of course might use a greater degree of violence, than for misbe-haviour merely; that a contrary doctrine would destroy all subordination on board of a vessel. The jury found the defendant not guilty.
28 F. Cas. 595
United States v. Wickham
U.S. District Court
Decided October 15, 1806
U.S. District Court · decided 1806-10-15
This was an indictment against the captain of a vessel, upon the complaint of one of his mariners, for an assault and battery committed at sea. It appeared in evidence, that the sailor had misbehaved himself very much, had abused the captain, and had even en-deavoured to strike him; in consequence of which, the captain gave him a severe blow with his fist.
Decided 1806-10-15