Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-01-14

(HaiD raised q large claw hammer TIC he'u III Wis
hand. and offered TO strike him, bat was prevent
ed. Some of the crew then seizea Mr.. HAIL.
mt him in the lower cabin. and locked the door;
Cant. r. declaring that Mr.. Hall must be de-
RANGED in his mind. In the afternoon he was re-
leased, and he remained on board three or four
days He then packed up his baggage and went
on board the ship Russell, accompanied by Capt.
+. who.returned, and the ship proceeded gu her
voyage.
Nothing material occurred afterwards, except
that Capt L. was taken sick, and so remained
most of the passage.
On the 18th of June, when the ship was near
the Grand Banks, she was boarded by boat
from British brig, which handed Capt. libDlts
letter, and shortly returned from the brig with
a gentleman and his baggage, who was received
as passenger. This passenger brought with
him quantity of stores, such as fowls, cheese,
wine and porter. The ship arrived at Liverpool
on the 4th of July, and discharged her cargo.
These circumstances were sworn TO oy joan
Roberts, David Kay, land William SCHNEIDER, whose
dispositions were read IN evidence by the counsel
for Capt. ribbits, and the same were sustained
by the parole evidence of McGinnis, hand on
board, and Robert kirvain, belonging to the steam
boat Porpoise, which was along side OF the ship.
On the part of Mr.. Hall, Peter johnson and
Joseph Hesketts, seamen Oh board, gave differ
ent version of the affair, representing that Capt:
I. had encouraged the men to leave the ship, aud
had caused some liquor to be given to them pre-
vious to their departure from the ship. That mel
Their of them saw any blow given by Mr.. Hall,
that Mr.. Hall used no bad language towards Capt.
+, and behaved as good owner ought to have
done. That when the Capt. brought the men
back to the ship in the steamboat on the following
morning. on entering the ship the men gave three
cheers. These were the material contradictions
by the witnesses on the part of Mr.. Hall, OF the
testimony given by those produced on the part OF.
Captain tribbits; and that Mr.. Hall ordered Capt.
+. to leave the ship before any violence was used
on either side.
The counsel for Mr.. Hall contended that he,
as owner, had right to discharge Capt. Tibblts
when and where he pleased-that it was Tibbits'
duty to obey that order; and by refusing to do
so. he became trespasser on board
The counsel for Capt. Tibbits contended that
such rule was entirely too broad-that al. own
err had no right. after voyage was commenced!
to dismiss the captain. except tor causes proving
a total incapacity to command That the re-
sponsibilties assumed by the Captain were so nu-
merous and burthcnsomc, as to establish his right
to retain the command, even against the owner,
except in cases of necessity above stated. The
counsel further commended, that even if the owner
had right to discharge Capt. I yetin point offact,
in this case. there had been no discharge. The
contract was soemny entered into between
them, as owner and master, and could not be
considered as dissolved BY the sudden cbullition
of the owners passion at the time.
The chief justice charged, that the owner Of
a vessel. as general rule, has the power to dis
charge the Captain whenever he pleases; and that
necessity alone could create exceptions to this
rule. That the captain having signed bills of la
ding, cannot deprive the owner of this right to
discharge. The inquiry, however would be.
whether here was, in fac, discharge, and that
question must be decided by the Jury themselves,
from the evidence before them. He should say
that an expression to such effect should not be
regarded as discharge, If used in the transport
of violent passion, should satisfy the Jury that
it was not the owrer's intention to dscha "ge him.
In the first suit brought by Mr.. Hall, for an
assault and battery and false imprisonment, the
Jury found verdict for Capt. ribbits. In the
second suit for the passage money and junk, a
second Jury found verdict for Capt. Tibbits.
In the third suit which was brought to recover
damages of Mr.. Hall for an assault and battery
on Captain Tibbits, the Jury yesterday morning.
rendered verdict against MIR. Hall Of $500
and cents costs.
Counsel for Capt. Tibbits-Price and Max
we'll: for Mr. Hall-Juhn Anthem.
We have on file. splendid and beautifully
composed article on :. the oral cause OF revolu-