Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1838-08-23
From the Boston Post.
UNITED STATES CIRCUIT COURT.


UNITED STATES CIRCUIT COURT.
SENTENCE FOR CRUELTY AT SEA-
Early in the present term of this Court,
Captain John ID. Winn of Salem, mas
ter of the ship Eliza, was convicted of
a malicious and false Imprisonment of
John B. Bassett, his first mate, while
cruising and trahicing among the
Feejee Islands. Winn is the first Off
Ger, who has been convicted of cruelty
towards an officer, under the following
section of an act Of Congress
Chap. 3l3, Sec. 9, cnacting, "That
if any master or other officer, Of any
American ship on the high seas, or on
any other waters within the admiralty
and maratimc jurisdiction Of the United
States, shall from malice, hatred, or
revenge, and without iustiiable cause.
beat, wound or imprison, any one or
more of the crew of such ship or ves-
sci, or withhold from them suitable food
and nourishment, such person shall, on
conyiction, be fined not exceeding
$1,000, or imprisoned not exceeding
i've years." sc.
The question being raised by Mr..
Choate, counsel for Winn, Judges
Story and Davis held that the officers
were part of the Grew, altho' under
certain circumstances, it is convenient
to speak Of the "ofliccrs and crew, in
contradistinction to each other.
In mitigation Of punishment, Winn
introduced strong testimony of his pre-
vious good character, which was taken
into full consideration by his Honor
Judge Story, who, we believe is more
lcnicnt in his sentences than any other
Judge in the country. Before passing
sentence, he said--"Mr. Winn, you
have been, after full trial, convicted
Of Il very great offence. Your offence
is an extremely aggravated one and
if Bassctt had lost his life in consc-
quencc of his extraordinary and unj jus
Imprisonment, | need hardly tell you
that you must have lost yours. You
kept him confined in a foul room, SC
close and hot that he was obliged to &c
entirely naked, night and day, for the
space of ninety days; and you had time
to think & reflect upon the nature, de.
gree and effects of the punishment you
were SO unjustly inflicting upon him
but still you persisted in continuing it
but his health was undermined, and his
mind impaired by his suflcrings.
There is reason to believe, and the
Court has strong conviction that youl
offence grew out of the continued cx-
citemcnt of liquor. This, however, ap-
pears to be your first offence and you
have produced here, in mitigation OF
your punishment, indisputablc evidence
of your previous excellent character
This ought to weigh much, and will, in
your favor. 1t also appears that tho
gentleman, in whose employ you have
sailed, is not unwilling to employ yo,
again and there is therefore reason tt
believe that you may be restored tt
your former highly crcditablc station
and, by the cXcrtion Of your natura
energy Of character and intelligence
become highly useful member of So
cicty, and an ornament to your pro-
icssion. Yet, in view of your offence
we cannot think of dispensing with YOU
Imprisonment. TO impose fine at al
adequate TO your offence, would be to
inilict n severe punishment on youl
lamll y--the innocent as well as tho
guilty and, of course, the very lcas
you can expect is as long n period oil
confinement as Bassctt suffered. Blu
if you prefer it, the sentence may be
executed upon you in the Salem Jail. ,
Sentence for three months was thcr
recorded, after which Judge Story ad
ministcrcd a little salutary rcproof to
certain gentlemen, who had made some
attempt TO influence his mind, in favor
of Winn, out of Court.
When we consider the comparative
moral turpitudc Of Winn's offence will
that of poor Mann's, in Cambridge Jail
how elaring does the cruelty Of the lat
tcr's sentence appear.