Callon v. Williams
District Court, D. Massachusetts
[In admiralty. Libel by Henry Callón against Elisha Williams.] On the 19th of July, 1869, the libellant was shipped at Boston as second mate of the ship Puritan, for a voyage to Melbourne and elsewhere, and back to the United States.
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[In admiralty. Libel by Henry Callón against Elisha Williams.] On the 19th of July, 1869, the libellant was shipped at Boston as second mate of the ship Puritan, for a voyage to Melbourne and elsewhere, and back to the United States. That voyage ended at San Francisco in March, 1870. The ship arrived at Melbourne about the 5th of November, 1869; and on the 8th •of that month, while the vessel was lying at the wharf, some trouble occurred between the first mate and some seamen and their friends from shore, who were drunk and disorderly. The first officer called up the libel-lant from the hold…
1Opinion of the Court
LOWELL, District Judge.
There is some ■conflict of evidence as to the precise way in which this unfortunate wound was received; but the tendency of the whole testimony is, that it was not incurred wantonly or recklessly, but in the course of what the second officer considered to be his duty. He was summoned hastily to quell what at sea would have been a mutiny, though at the wharf it ■ought, no doubt, to have a milder name. He says he was violently assaulted by the drunken men, and was knocked down and kicked in the side. The emergency was sudden, and so serious, that the other man, who was…
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