The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-25
In Admiralty.
Before Judge Belts.


Nov. 24-James Allen rs Franklin Hslen ard George
Gibssn-This action for false imprisonment
and cruel punishment against the master and ~, first
shipped cook In New York for voyage to Liverpool
and back at Liverpool he ordered the side OF
the ship on staging, or on the dock, to help In
scrubbng her of he refused to obey and left the
ship; another cook WAS shipped in his place When
the ship getting out TO the lbellsnt found
on b. ard; he had come on board without the consent
or knowledge of the master; whom the ship
three days out be was agss ordered ever the side OF
the ship q staging with others to scrub her of
The weather was fine but 1t is not made clear that the
service was necessary or useful to the chip The
lbsapt refused the repeated orders of the MASTER
saying he willing to 40 any duty on deck The
ordered the first mate put iron hand cuffs
him and bolt put ia his mouth for few minutes
to stop his talk; be was ironed and made to sit on
gun that day and confined six to ten days after
wards, at nights In the wheel-houss. and fed with
bread and water he then consented to duty and
the master restored him to his place OF cook; he
paid full wages when the ship got in Held the master
had u sutht rity to put the cook to the duty
acted OF him at Liverpool; held that the mate
bound to obey the orders Of the master Ia putting the
beant In irons and that the libel as to him be dis
missed with COSTS held that the master had other
authority the hbelsnt, when found on board ct
than he would have any other man discovered
there in like circumstances and could not impose
hazardous service him without proving him capable
of performing it, held that IL IL to be piled that
q cook II a sailor and the master, before he ordered
him work the side Of the ship underway should
have ascertairsd that he could do IL safely held that
the punishmsnt for dsobsdnce to that order was ex
eessive and improper, but IL without vndictive
feelings the part Of the master and In the exercise
what he thought his right the conduct of the
libeant iDs ubordnste and insulting toward the
master held that damages out not to be given
him. Ordered, that the mast pay $50 damages and
costs to be taxed.
Ezra Maiher rs. .alfred S. Chase This action
for wages mate on board the bark Ssmosstt, from
New York to Mobile, Rotterdam, and back here De-
fence intsxication of the beant and that the
cargo, on bills Of lsdipg short to amount ex
cseaing the Held that the drunkenness OF the
hbellant, On shore was no ground for claiming dmi
mutton of wages IL should be proved he ntoxica
ted on board to disqusy him for performing his
duty mate Held, there proof of deficiency
charge OF the MASTER do not furnish evidence Of that
fact Held. that II the iBtoxicston OF the mate, -
proved might be regarded adiosl TO the vessel
and emitting her to deduction Of wages the offence
must be considered waived or pardonsd by the
ter ing W the mates account Of wages credting
him the full amount, and giving him . written draft
Il srsfor. Decree for SIS 81, and costs
snd other Of the Of the orig Topaz left the
vessel her arrival IT this port the orders and
prohibition of the master and brought their actions for
wages from Newbern to the West Indies and here.
Held that the voyage terminated at Newborn and not
Ut New York. That the shipping articles we're not
properly proved evidence being given by the libel
snts that the voyage end here the court would
owned there the lbeants and officers residing there
and the chipping agreement having been made there
Held that the Nbsllsnts have not proved the vessel
unseaworthy and unsafe and that they were net fur
nished sufficient and wholesome provisions that
the return of the vessel to Newbern to be
sonably delayed and accordingly have failed showing
legal excuse for leaving the vessel In this port. De-
Same decree In case OF John Wilson against respon-
dent