Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-08-04
Ed STATES Drsrncr Cosnr, August 3rdI-

Phi upon tner trial. charged with endeavonng TO ex-
EfNea = it IN board she Brig ChanncleeT' Britain
Mr. HAce said the prisoners were indicted for
deaSorlng to make revolt under the md Sec. of the
Act Congress OF 1885, cspier 40; title Revolt &C.
On tho zathaf July last, these men shipped as r.ar-
ners ca board the bng Chantdicer for Malaga Repent
ing themselves however, of the bargap thew had
made they took this method Of getting free which
was total refusal 10 do duty In cons qnence the
Of the brig had to set them ashore, and to ship
another crew. BY the witnesses he should produce.
the counsel said II shall make out a clear case -
The following witnesses were hen called for the
prosecution;
Thomas Freedom, examined.--I was pilot of the
Chantc!eer;. she was bound from New York TO Ma
aga the prisoners part of the crew; there no
difficulty board until after these men refused to do
duty; they said the vessel was not seaworthy; that
her rigging out OF order, and that they would not
go TO sea, risk their lives in herr the rigging alot
was what the crew most complained OF; the lifts
were chafed, and apparently much worm There IS
great danger from this; by their giving way, q man
would certainly be thrown overboard have been a
pilot six years out of the port of New YORK; ICON
sider the vessel perfectly seawerthy the Captains
wife and the owners son, Mr. Foot, on board;
lave known the first mate before; the mates would
have opportunity of examining the rigging; they
made no complaint.
Cross examined-I did not go aloft, but from ap-
pearances Judge the rigging to be in good orders no
part of the rigging gave way; l wished TO Lave the
mansail fured; the mates and steward furled it, the
prisoners had before this refused to do duty; there
objected to go 10 sea in the vessel.
Examined direct-I went on board on Saturday,;
these men were not then aboard; went ashore IN
the evening; went on board the next morning at
about oclook; heard the crew erumkng; the per-
son sitting by you now, said"the vessel is trap to
go n," anchored the vessel in the North river on
Sunday; prepared TO go to sea on the Wednesday
after the said It was no useto try TO get out the
lib -boom torn TO pieces; the lifts and foot
ropes to the yards shoul. be always good; the safety
ofthe depends good deal on their strength and
- A. ha
on board and leaped overboaris the answer the Cap
tain made to the crew, when they complained was,
| would not sail you where would not sall myself;
did not hear the mate complain OF the rigging; l
heard the mate say, 81 can go 10 sea with as litie
ri ging any man." the men all said they were will
! ling to go to sea, provided new running rigging was
prepared; the captain said ut was not necessary.
| the men were nowse turbulent; the time tae crsW
first began to refuse duty was when was preparing
| to get under weigh when came on board was in
| formed the crew had complained; the Chandelier is
about four to five years old; she belonged TO Mr. Del
afield before she was purchased by Mr.. Foot. The
| captain went ID Immediately upon obtaining
fresh crews these weTe believe two of the prisoners,
intoxicated when they came on board.
/ Henry Hunt, examlned.-I have followed the sea
| for a number Of years; | went TO the Hook IN the
Chandelier; her running rigging was not good;
there number Of spices in II; this Is not an un-
usual occurrences two coils OF rigging on board,
one forward and one on the top OF the long boat;
do not know when this rigging gear came on board;
do not know that it was brought on boaId after the
prisoners had left.
Charles X. Hatfield know the Chandelier; l
believe she is yet four old; her standing rig
ging was good; Judge her hull to be perfectly sea
worthy. As TO her upper rigging, cannot say, did
not go alofi.
Cross examned-The most material matter for the
safety of the sailor is the soundness of the lifts and
foot ropes unless these in perfect ORDER the le
of the mariner is in cont nual danger.
Hugh Burns examined for the Defence was on
board when the men complaned they were talking
Of the matter among themselves; they said they
would speak TO the captain the first OPPORTUNITY; the
only rigging saw on board was small coil OF rat
ting stuff; the vessel was very i'll prepared had to
take the heelashng Of the boom TO secure the water
casks; there was nothing else 10 be got; the mate
stamped on the deck when the order was gwen TO
cew up maintopsas the rope that was used for this
purpose much too large II was so large that II
, weuld not reef double the proper method.
Cross sxamined-I took the heel lasbng; applied
TO the mate; he said, stake that we shall find some
llng else by and BY ] said, II would no, 60 in
sucn rAssel." said this to the crew; of then,
came ashore in nv boa; hc iumned in as was shov-
ing of; could goi prevent him; the mate black guard.
ed me on account Of this; said "what am l 10 do;
can't throw the man sverboard" had no difficulty
| with the mates.
BY the District Attorney Did you threaten 10 whip
the male?
Winess-I said should see into the way he treat
ed me. This was when was in my boat.
Question-What did you mean by seeing into il
Answer meant I'D whip him, by Jasus, i'll caught
him ashore.
Questlon-Den't you call this difficulty?
Answer-Devil bt-,hc difficulty was TO come.
honey!
The witness then explained that his threat 10 tho
mate account Of his language 10 him when i'm
his boat when he had finished his work and had quit
ted the vessel.
Judge Belts charged the jury. These prisoners are
charged with having excited revolt IL 10 clear that
when called upon perform certain duties they refus
ed. This, unless some apparent excuse could be
shown, wouh assurcdly bring them within The act Of
congress under which they were indicted This must
be clearly shown. No court will permit sailors
y by allegation to refuse performing the orders they
received. There act provided for the safety
Of the senmen enacting that sailors may demand
survey when they imagine vessel to be worthy.
Thee men were perhopsignorant Of this, and there
fore took an improper course this must then charia-
bly, be down their ignorance II these men are
found guilty, they fall under a punishment of some
severity The court rs determined carry aat strict
ly the penalties enoined by the act OF congress- Great
debcraon must therefore be used. The defence set
up is tina, the vessel was ssaworthy. IT. by the
evidence You have heard, you of opinion that this
was merely an allegation to escape going to sea and
TO get rid Of their contract, you will undoubtedly find
them guilty. The vessel is at sea- so that no survey
take place. great deal therefore Of Whit yea have
heard should be regarded in the light Of circunstsn
al evidence. H. on the contrary, you Of opinion
that these men had just OF plant you sheuld
| without hes pronounce N verdict NJ ncmllftal