United States v. Lunt
District Court, D. Massachusetts
This was an indictment [against Alfred M. Lunt] for assaulting, with a dangerous weapon, several of the crew of the ship Humboldt, of which the defendant was master. The facts, as disclosed by the evidence, were as follows: The vessel, with ?23,C00 of specie on board, was on her passage from San Francisco to Manilla. The crew consisted of fourteen men, who were all foreigners, and shipped in San Francisco.
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This was an indictment [against Alfred M. Lunt] for assaulting, with a dangerous weapon, several of the crew of the ship Humboldt, of which the defendant was master. The facts, as disclosed by the evidence, were as follows: The vessel, with ?23,C00 of specie on board, was on her passage from San Francisco to Manilla. The crew consisted of fourteen men, who were all foreigners, and shipped in San Francisco. On the morning of the difficulty, a man named Ned had misbehaved at the wheel, and seized the captain; and the captain; with the aid of two mates, got him in irons and placed him in a…
1Opinion of the Court
SPRAGUE, District Judge,
charged the jury in full upon the law applicable to the case. He said the word “assault,” in the indictment, carried with it the allegation of illegality. It required proof of an unjustifiable offer, or attempt, to do bodily harm to another; but that malice was not an ingredient in this offence, and need not be proved. The burden of proof did not shift. It was on the government, throughout, to establish the fact of an unjustifiable use of the weapon. If the jury were in reasonable doubt, on all the evidence, as to the guilt, they must acquit. On the main question, he…
2Cited by4 opinions
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- Luttermann v. RomeySupreme Court of Iowa · 1909
- Booher v. TrainerMissouri Court of Appeals · 1913
- State v. CreightonSupreme Judicial Court of Maine · 1904