Polynesian., 1851-10-11

Mr.. EDIToR.-I send you an extract from
the Boston Traveller of July 26th, which
contains an account of the examination be-
fore U. S. Commissioner, of Mr. Fisher,
mate of the ship Planter. of Nantucket.
In this examination the Commissioners
had occasion to consider the accountability
of Capt. Hussey for the killing Of one of his
crew. 1t appears that the Commissioner
considered that there was justifable cause
for the killing. Accordingly Mr.. Fisher was
discharged as Capt. Hussey would have
been, had he been on trial.
Capt. Hussey remained at Strong's Island
and sent his ship home I! 1t is desirable that
he should know the opinion in his favor en-
tertained at home. therefore request you
to publish the extract
Lahaina, Sept %, 1851 G. B.
JUDICIAL REVIEW OF THE CoNpUcr OF
CREw-U. S. Commissioners Geo. S. Hill
lard delivered an opinion this morning, in
the case OF Joseph Fisher, first mate of wha-
ling ship Planter, of Nantucket, charged
with aiding Capt. Hussey, Of said ship, in
the wilful murder of VIM Clark, one Of his
crew. The charge against Mr.. Fisher con-
tains three counts: in the lst he is charged
with wilfnl murder, in the I'd with aiding the
captain to commit wlful murder, and in the
Sd with an assault with intent, &c. On the
first and third counts the Commissioner said
there was no evidence to sustain them, and
he should dismiss them without comment,
and cOnfne his remarks to the second count.
1t was first necessary to show that wiful
murder had been committed, and that Fisher
aided and abetted therein. The Commission
er then recapiiulated the evidence with re-
gard to the bad meat, and said that the con-
duct Of the crew in throwing over the meat
was wrong, and an evidence of an insubordi-
nate spirit on the part Of the crew, of which
it was the duty Of the captain to take some
notice.
1t was important 10 state that when the use
Of meat was prohibited, the captain, mate,
and all in the cabin included themselves in
the prohibition. 1t was also in a warm eli
mate where meat was not so much needed as
in the colder latitudes. The fact that the crew
were obliged to eat meat which by the testi-
mony, though not sweet, could be eaten by a
hungry man, and was not so bad as sUne OF
the witnesses had eaten at other times, offer
ed no excuse to the crew for refusing to do
duty. The laws ofihe United States punish
any captain who unnecessarily deprives his
crew of suitable food. There were, however,
during the deprivation of meat, provisions of
other kinds served out sufficient for their
wants.
The captain could not accede to the de-
mands of the crew to restore the meat, until
the ten days were out, if he desired to be in
fact master of his ship, and not servant of
servants.
The act OF the crew coming forward in a
body, when only one of them was called, was
a sign of INSTRUMENTATION, and when the mates
were sent forward to bring Birmingham to
the quarter deck and were prevented by the
resistance of the crew, forcible though not
violent, it was an act of open mutiny. In fact.
the conduct of the crew was as bad as it
could be, and for it there is no excuse. Itis
obvious that they were in state of mutiny.
This was certainly fearful tragedy; but
imagine this vessel near savage Island,
with savages on board and revolt among
the crew, and then decide that the captain did
not do what he thought was for the best for
a ship without discipline is a mere piece Of
floating driltwood at the mercy Of the waves.
The question is not, whether the captain
did right or wrong, morally, in shooting
Clark. but did he commit an act Of wiflul
murder. The government argue that he
might have called to his aid the boat sieerers
and other petty officers, and quelled the mu-
tiny, without resort to firearms. In looking
at this question we find that at the best
eleven resolute men would have had to con-
tend with fourteen or fifteen, and the result
might have been a fearful struggle, in which
not one but many might have perished.
The law on this point is, that deadly wea-
pons are not TO be used by captain except
in case Of mutiny, or q reasonable appre-
hension thereof. and the only question is, did
the captain act with due caution before pro-
ceeding to Gre. Il appears that he spent
three hours IN expQetulating with his crew;
that be repeatedly warned then. and that
when he fred be vas perfectly cool and col
Iected There e Also end delIee that be vas
not ! harsh snsn, . q = - generally
AZ 10 ~. Fisher, s. : = -. <Si6epce.
10 co1ueel him vhh ~ a g feains
He o1ly obeyed the ~ q l13orI
officer. ID Sading IT, l6t rps
pear 10 udvise the act q ~ does
il appear that he aided o. coans5 ] "a the cap.
tain in evadine justice. He therefore shodld
order him to be dischsreed
In relation to the conduct Of the captain.