The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-04
United States Comm assloneR's Court.
RAfnrA J0senh Rrisl1ham Esq


United States Comm sssaoncT's Court.
Before Joseph Brigham, Esq.
APRrL 3Q-IA1 United States IS. John MAhank and
seventeen stAers the crsw 81 assriea ship SarsA g. Hde
Ckovgsd ih the Of LsrOy-UpOn the argument of
the question Of jurisdctien in the above case had
before Mr.. Commissioner BRIGHAM the Goth and
and Messrs Smelly and WhedOn for the prisoners the
Commissioner stated that there doubts in his mind
respecting the question Of jurisdiction in this matter
but that after carefully examining the act Of 1890
under which this complaint Is brought, and which,
differing from the crimes act Of 1926 resolves the whole
question into the meaning Of the term high seas
without reference to the authority jurisdiction OF
the State tribunals and after carefully considering the
CAGES Of United States Coombs, IL Peters, X. ~
Godfreys case. Latch IL u. s. w. Crush. Mason's.
q. c.. H. 100 the sloop Abbey Mason $50; Dunaps
admiralty practice 40 and 90 and the elaborate and
able opinion Of Justice Story, in De Loyio Bolt
It al Galson. 39s and the various other authorities
cited by counsel he was OF opinion that vessel lying
at Quarantine. three fourths Of mile from Staten
Island. is sufficiently within the meaning of the term
high seas" TO authorize a Commissioner q prelim-
mary examination, TO entertain charge OF larceny,
committed in violation Of section TO- Of the crimes act
Of Congress approved April 80 1900 leaving the whole
matter to he passed upon and determined by the
court.
My Larceny on The High Sens.-Ncarly all Of the
Of the packet ship Sarah o. Hyde arrested and
brought before the commissioner upon this charge -
having psirloined chest containing male and female
wearing apparel, besides silver spoons. of the
vae of about three hunde dollars being property Of
German family, who came passengers in that ship from
Liverpool search instituted board and result
ed in the recovery OF twothirds Of the articles
the forward part of the ship One found house
on deck occupied by John Lewis sailor, and his wife
that 1t was not his immediately upon the close of this
investigation was had upon similar charge against
the above mentioned John Lewis. The evidence adluced
showed that Francisco Paia--a fellow seaman-lost
coats, pair trousers. hannels vest handkerchief
shirts pair stockings pair slippers pound Tobacco
and Scotch cap fortnight before arrival in port and
that few days after such arrival while the accused was
in jail the first charge Of larceny portion of the
ost articles namely the cap pair Of trousers, the
nd war In aGn hnx.h n
longing TO Lewis, in the house deck Occupied by
tedes himself and wife, that they discovered
upon their searching his property in Of his wife
their goods not having at that time been removed from
on beard ship.
Upon concluding the evidence in both these cases
was strongly contended by Mr. Rdgway, who acted for
the United States that there ample evidence before
the Commissioners to authorize him in deciding favor
Of confinement that there probable to be-
cve the charges alleged against the prisoners and there
fore incumbent upon him (the COMMISSIONER to hold
them all for trial particularly with regard to
Lewis where net only probable cause was shown
but enough testimony support verdict of guilty The
Commissioner thought both deficient TO evidence
Of actual guilt Of the parties and accordingly discharged
them all.
Before G. W. Norton Esq
hrHL 2o.Ressing the .9uthori,ies.-ln the matter OF
the United states, Capt Simpson, Of the English ship
China and his mate McNaly, for resisting the United
States authorities. the defendants admitted to bail
the I ormer in $500, and the latter in $3.50.
Before j. W. Nelson, ESD
May Charge q Reseit at Sea.-llenry Armstrong
Charles Miller, William Johnson and William Deakrnan
four OF the crew OF the American ship Albert Gaatn
were charged with revolt board that vessel her
last voyage from IIavrc to this port
John r. Saers master Of the ship, being examined by
Mr. Ridgcway, behalf Of the United States deposed
that leaving liavrc he had given directions that none
OF the crew to down among the passengers except
for the purpose Of assisting them in cleaning up aud
giving them fuel and water. Many complaints
subsequently, made Of the being below at night,
among the female passengers and Of articles having been
stolen Tn the morning Of the first of April VIM Deak-
man was caught climbing up the berth of females
apparently with provisions in his hands the mate sent
him to and l. for punishment ordered him scrapc
the mizen royal he came down in about five minutes
stating that he had lost his knife and had other and
could not 60 up again; then sent him forward for a
slus bucket orease the mast: he was gone too long
castle with the watch around him: they were talk
ing tsgether; he hung back | brought him
he complained that it hurt him; ] placed him
by the mizen rigging and told him to stand there
came out again. with my pistol in my pocket, and
walked about the deck for half hour the mate came
to me and said the mastering forward;
jumped of the poop the first man met Charles;
directed him to go forward he replied. Il not alone
I've got all hands with me- then went to Johnson
and orderd him forward; he replied, I'm be ddif
and got him nearly to the front Of the house when the
rate came to my assistance; Henry Armstrong then
came and jumped at me; was thrown down, and let
Lohn go: as l could clear myself 7 hauled
Harry into the cabin and put him and johnson in irons;
put away my pistol and went deck with cutlass:
saw Miller: ordered him forward; he replied No,
20 III lose my life first" lie stood in threaten
Ing attitude and hit him with the fiat of the cutass
the shoulder and broke it, seized him and carried
him aft: he (ier) attempted to draw his knife and
sang out for the passengers to and assist him.
permit. Doakman togo forward and he afterwards
talking 20 several passengers apparently stirring them
no ordered him forward several times aud he refused
e. obey took him aft and on his promising to amend,
let him go was short of hands; he tried to strike
in the cabin johnson struck my mate severely in
the stomach Harry struck The captain detailed
ohcr acts of characterization the part of the
and his testimony corroborated by his first mate, and
brother. Henry saler. The stands adjourned