The Alexandria gazette. [volume] (Alexandria [Va.]) 1822-1822, 1822-05-11
MARINE COURT, APRIL as.
LAYE Us. CARTWRIGHT.

! LAYE U.s. IAhTWhloHf'
Interesting decisions as to the captains right
| on board merchantmen to chastise his sea-
men: also, Of the mate on board the same;
and when and how he may exercise that
right.
This was an action OF an assault and
battery, alledged 10 have been committed
by captain CARTWRIGHT the defendant,
master of the ship South Carolina Packet,
recently from St Croix, upon LAYE the
plaintiff. who was steward of the ship. 1t
appeared in testimony, that on the out.
ward voyage the cook was sick, and Laye,
being the stewar was next in order as
signed by The captain to act in bis place.
One morning he spoiled the breakfast
by bis slovenly cookery; burn! the rice,
so that it was not eatable and boiled the
mackerel and potatoes together in dirty
water and in dirty kettle which had not
been cleaned after the. preceding days
cookery The captain for his punishment
ashed him UP by his thumbs to the main
| shround, and there kept him about two
hours. Finny, the first witness, made out
the punishment to be severe and cruel
he said the plaintiff could not stand fairly
upon bis feet, and was so far suspended
| by his thumbs, that when taken down they
were swollen to that degree he could not
use them, in consequence OF the severe in
| Fiction. The exact truth OF the case,
however, seemed to be that the plain
tiff was not so tightly bound by the thumbs
as to occasion any great degree Of pain
and could stand perfectly upright and free
upon his feet and that none OF the crew
heard any complaint from him whatever.
after he was let down, the single witness
aforesaid only excepted. 1t was also
alledged, that the captain committed
another assault and battery on the plain
tiff on the return voyage.
EpwAvD BURR. Esq. conducted the de-
fence, and summed up to the jury in a
handsome style for captain Cartwright
Mr.. Rose addressed the jury on the part
of the plaintiff. Mr. JUsTicE SwANToN,
who presided at the trial, then proceeded
to recapiluIate the testimony, and to
charge the jury upon the law of the case.
The questions to be settled by the jury,
bis honor remarked, were, first, whether
the chasisement which the captain in6ict-
ed was unnecessarily severe and dispro.
portionate to the offence. That the cap.
tain ofa vessel had right to tnfaict chas-
tisement on one Of his crsw when the con.
duct and due management Of the vessel
rendered il necessary, was not TO be ques
toned, and it would appear that in the
present case the conduct of the steward
was reprehehsible and justified some chas- |
tisement. 1t was in evidence that the
steward of vessel was bound, when call
ed upon by the captain in case OF necess-
ity, such as sickness and the like, 10 per-
form the duties of the cook, and so, next
to him, in case of necessity, one OF the |
crew, or the crew in rotation The
steward here bad certainly not done his
duty, and the captain, as he bad right
to do tied him up by the thumbs to pun
ish him. If, however. the punishment was
excessive The jury mus find verdict
against the captain. 1t had also been
proved that the captain on certain oc-
caslon had kicked the plaintiff after he
had ordered him, and while be was going
down the companion way; but it appear
ed, moreover that as he was going down
the plaintiff Ioitered & talked back TO the
captain. On this latter point, j: might be
doubtful whether the plaintiff should not
recover, as the kicking, if they believed
the witness, did not appear to be necessa-
ry; but the jury must decide according to
their own view of the case. The jury
retired about twenty minutes, and return.
ed with verdict of not guilty.
Another cause then came on OF the same
plaintiff against THOMAS ROLAND, the
mate, also for assault and battery and in
volved still nicer points Of law. LAYE,
in this case, alledged that the de.
PENDANT had in several instances during
the voyage violently lbeaten him. There
was no testimony that Roland the mate
had struck him, in three several instances;
and had there been no contradictory testi-