United States v. Wiltberger
U.S. Circuit Court for the District of Eastern Pennsylvania
This was an indictment against the defendant [Peter Wiltberger], for the manslaughter of one Peters, a mariner on board the ship Benjamin Rush, committed by the defendant, the master of the said ship. The of-fence was charged to have been committed on board of this vessel, an American bottom, on the high seas. The evidence was, that at the time the offence is charged to have been committed, the ship lay at anchor in the river Tigris, off.
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This was an indictment against the defendant [Peter Wiltberger], for the manslaughter of one Peters, a mariner on board the ship Benjamin Rush, committed by the defendant, the master of the said ship. The of-fence was charged to have been committed on board of this vessel, an American bottom, on the high seas. The evidence was, that at the time the offence is charged to have been committed, the ship lay at anchor in the river Tigris, off. Wampoa, some yards from the shore, in four and a half fathom water, four, teen miles below the city of Canton, and thirty-five miles above the mouth of the…
1Opinion of the Court
WASHINGTON. Circuit Justice
(charging jury). The evidence may be arranged under two heads,—1st, that which relates to the death of Peters; and 2d, to the cause of it.
1. Coles, the witness most relied upon by the defendant’s counsel, to justify his conduct upon this unfortunate occasion, has testified, that the deceased, being aloft, was called down by the defendant, in consequence of some expressions of discontent at being sent up, which were not distinctly heard by the defendant. As he went aft to the quarter deck, where the defendant was standing, he pulled off his jacket, rolled up the…
2Cited by7 opinions
- Shorter v. . the PeopleNew York Court of Appeals · 1849
- Irvine v. StateTennessee Supreme Court · 1900
- People v. CampbellCalifornia Supreme Court · 1881
- State v. ButlerOregon Supreme Court · 1919
- State v. RaderOregon Supreme Court · 1919
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