The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-11-27
From The Boston Ands
United States Commissioner's Court

Before b. +. HGlLett, Commissioner.
John ii. Nicholson, master of bark Angelo was
arraigned before the commissioner for imprisoning
George Irwin, one of his crew in Cronstadt, from
hatred, malice, revenge, and without ustifiable
cause. ltappeared from the evidence, (Which was
conflicting between three of the seamen and the
two mates,) that while the Angelo was in the har-
Dor OF Cronsadt Russia, in July, a difficulty &C.
CURED between the second mate and Irwin, while
the captain was on shore, in which the mate inter
Tered, the mates using handspikes and a HEAVIER
and the seaman drawing sheath knife, but no in
jury was done. Irwin complained Of ill treatment
and desired 10 GO shore TO the consul, which
was refused He then went on shore in the evening
without leave, but could not see the consul, who
was a Dane residing in Cronstadt, and who, in the
opinion of the commissioner, from the evidence
had shown either ignorance of his duties or wilfu
indifference 10 the rights of seamen. His name is
Charles Is. Denarken. In the moring Irwin made
his complaint to the consul, and was repulscd and
told TO go about his business, and he then went
down to the landing to go on board.
In the mean time, Capt. Nicholson had returned
on board IN the absence Of Irwin, who reported
TO him by the mate as deserter, and the captain
despatched the second mate TO find him The sec
ond mate met him at the landing, and, after some
alteration between them, caused him TO be taken
into custody by some soldiers, who carried him TO
the consul; and that officer, without any process or
hearing as Is required in such cases by the treaties
between Russia and the United States sent Irwin 10
prison, where he worked until he fell sick and was
then sent TO the hospital Thence he was discharged
by the consul as well, and in nine days after his i'm
prisonment was sent on board the Angelo He did
not report himself 10 the captain, but as soon az
found on board, he set 10 work by the captain,
cleaning out the head and doing other Jobs The
captain and mate went on shore, and the second
mate followed up working Irwin, until he was taken
! with vomiting and allowed to go below. In the
| afternoon the mate came on board, and, though
told by the second mate that Irwin sick, he or
dercd him up 70 the ballast from the light
crs. There was also evidence Of threats from the
captain and mate, Of severe treatment when they
aftnf hat ha
/ Boston
! That night Irwin deserted and hid himself on
| board a British brig, where he discovered in
/ the morning. and notice given 10 the mate Of the
! Angelo, Captain Nicholson being still on shore.
| The mate thcreupon went TO The Russian guard
ship and procured soldiers, who took him and car
ricd him on shore, and hc again put in prison
and thence sent to the hospital from which nc ran
away, and the Angelo left the port without him.
/ lie subsequently got passage to the United States
I The testimony Of several merchants and captains
was offered for the defence, showing the usagcs OF
CrOnstadt, and that masters had no power 90 pun.
sh their seamen on board, but must report all dis.
turbanccs or dcsertions TO the consul. BY the act
/ OF 1912, cOnsus have power % arrest dcsertcrs.
| The Commissioner held that the only question
| upon this complaint was, whether the Imprisonment
was the act Of the captain and done tn,
| high seas, within the maritime and admiralty uris
dictOn Of the United States. II the Imprisonment
| however wrongful, was done on shore, or if by
| complaint Of the defendant, IL done by an off
Ger Of the port place having jurisdiction tho
matter, il could not be held as criminal act within
! this jurisdicton, and the only remedy must be
civil suit for false imprisonment Buff the act o
imprisonment began on board the vessel, that is
the defendant had procured soldiers TO take the
man and imprison him, or had procured his i'm
! prisonment for alleged or real acts against disc
pline on board the vessel, he would be criminally
liable, unless i was necessary 20 the safety Of tn,
vessel or crew that the seaman should be taken on
| shore for security; and that no imprisonment Of
| seaman IN foreign port for any act against tht
discipline Of the SHIP could be justified except whcr
absolute necessity and safety required the rcmova
Of the offender from the ship. This taken :,
| be the conclusion 90 be drawn from decisions il
Adams HafIards, 2Oth Pickering; United State
| rs. Ruggles, in the 5th Mason, and the case o
| Lame, in the ID Of Sumner
| But, in the present case, no act or order Of i'm
| prisonment was traced 10 the defendant. The sec
| ond mate was not the agent Of the captain in th
| first imprisonment, which was wholly unjustifabe
The captain, msled by the information of the mate
that Irwin was deserter, had gone tothe consul ant
! requested his interference. The consul had jurs
diction Of the matter, but instead Of investigating
| the subject through the proper tribunal, sent tn
seaman 10 Jail without hearing. So far, whateve
liability attached 10 the consul, the defendant ba