The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-16
Kings County.

Before Judge Green wood.
Ha5eas Corpus JOHN B. ScoLEs. Esq, moved for
habeas corpus bring the bodies OF Eugene Sullv
ard Charles Van veiser apprentices Of the somers i'm
prisoned in stone house at the Navy Yard in irons TIL
writ being granted. Captain Sands Of the Navy Yard
appeared with the prisoners an put in return to tn
writ that the parties detained apprentices in tn
service Of the United States, and imprisoned charg
of mutiny The having been adjourned to Tuesday
afternoon l4th nst Mr. Scoes traversed the return al
legng. FIRST That the enlistment was Illegal; secondly
That If legal the oppressive and unlawful treatment
the parties entitled them to a dscharge and, thirdly
That they could he detained apprentices there wa
ground for the and cruel connementto which
they were subjected
Mr. WArsoS in support of the return insisted that III
fact that the parties were apprentices in the servc
of the United States precludea an investigation of tn
Of their Imprisonment, and that the whole matte
was exclusively within the jurisdiction Of naval cour
martial.
His Honor the JvpoE dissented from this view of tn
case, aud directed the testimony to proceed.
In the of sullivan, CHAnLEs Van VELsER provec
that Sullivan and himself were prsoned in stone house
in the Navy Yard and have been so for about month
of the time in double irons. Marines put
them They confined six feet apart from each other
and per mittc to speak to each other Their parent,
and relatives were no, allowed to hold alton
with them, suy other persons except the officers
the somers, who were repeatedly there. The room in
which they confined was twenty feet long by TWEEN
~ feet wde and seven persons were in it, They were
taken from the North Carolina.
JOSHUA X sArps, Commander at the Navy Yard, test
ned he understood these apprentices
with mutiny on board ofthe Somers. .,r
HgxgLL purser Of the somers testified that there
executed The parties fined in
their supposed connection herewith court martial
is sitting at the Navy Yard.
Ga being crossexamned by Mr.. ScoLEs he stated that
from his situation board Of the Somers he could not
SPEAK OF any facts within his knowledge which
proved the existence OF mutiny. Mr. Wales testimony
had inuced him TO believe that there was mutiny II
his opinion that there mutny. On being iur.
ther pressed to state what had caused him to come
to such conclusion except the representations Of Wales
hs observed that the stood groups about he
sell There other circumstances which he could
not relate without going over all the testimony that hat
been given On being asked to any person per-
sons board the Somers who had to his know ledge,
committed mutnous act connec ted with y,
he stated that he could undertake do He could
not any mutinous attempt OF his knowledge.
He knew ofnohng IN the conduct Of either Sullivan
Van Velger which implicated them in a mutiny.
The ise was adjourned to Wednesday, at . O'Clock
p.
On to- parties again appearing yesterday, his Honor
Judge i senwood decided that Charles Van Velser
oischa together, on the ground that he not law
fully t.dhe being under the age Of Is at the time
and no offence having been proved against him. any
charge charges brought
Eugene sullivan was discharged from imprisonment
the ground that no offence had been committed by him.
and no charge charges brought but Judge decided
that rs he lawfully enlisted he could not barge
him from the navy for cruel treatment.