The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-04

The Case Of the Hermann and the South
ampton Authorities.
correspondence between Lords MaImcsbury
and PalnerstoD, Mr.. Ingerson, Mr..
CFsskey and others on the Subject,

warrant from the police justices of that place for
Me arrest of the chief mate of the Hermann on the
charge Of violently assaultng one of the crew, a
Trenchman, while the ship was in port. The captain
Of the Hermann refused to permit the warrant to be
executed and the officers were accordingly compel
led to leave without their intended prisoner
This act Of the captains, in setting at def
ance the legal mandate of the Southampton
magistrates, has given rise to a series of cor
respondence between the English Secretary of State
and Minister of Foreign Affairs, the United States
Minister at London and the United States Consul at
Southampton, the most important and interesting
portion Of which we are now enabled to lay before
cur readers.
The first communication is from the Clerk of the
Justices at Southampton to the British Secretary of
State, informing him of the circumstances of the
ease. 1t reads as follows
MR.. ELpRIDGE TO LORD PALMERsToS.
GULDHALL, Southampton, Nov. Is, 1852.
SIR am directed by the Mayor and Magistrates
Of this borough and county TO bring under your no
tce the following facts:At the petty sessions of the
Justices OF the Peace holden on Wednesday last
application was made to them through the medium
of the French Vice Consul of this port behalf of
one OF the men Ga native or France) on board the
American steamer Hermann, for most violent as.
saIlt committed on him by tie chief mate of that
ahip, while lying in the Southampton docks.
1t would appear by the compliments statement
that the Sth inst, at o'clock In the evening he
vas in the second cabin, and one of the passengers
asked him for glass of cold water, which he pro-
cetded to get, and another passenger, who was
holding an animated conversation with somebody at
the table, caused him, during his gestculatons to
spill few drops of water on his back upon
which complainant begged his pardon, and while
speaking to him The chief mate OF the ship snatched
the glass from the compliments baud and struck
him with it in the face, with such force that it
he did the discipline that must be kept board he
eontented himself with begging the officer to hear
hum that he might explain the cause of his apparent
sarelessIess, but he only redoubed his blows with
the broken part of the glass, and struck him with
1t on the head, so that his face and head were &C.
veTed with blood. Losing then his patience, COM
planf mt seized the mate with his hands, and pushed
him away violently from him. The mate, seeing
that he had to deal with man stronger than him
self, called the sailors to aid him, who under his
orders, treated him with the greatest barbarity,
tearing his shirt and waistcoat to pieces and in the
struggle compliments purse was taken, in which
was ali his money. This not an. for during the
night, while chained and not being able to make
Any resistance, the mate in question to torture
hmm with pair OF scissors, which he repeatedly
struck him with ia the forehead; and not being able
to defend himself complainant forced to cry out
for help, upon which the mate left him. Upon this
state and Information being laid by the COM
piainait, warrant was issued by the Justices for
the apprehension of the chief mate of the ship,
which by this time it should be stated had left the
docks, and was at anchor in the stream about three
nies down the river preparatory to startng at two
diately placed in the hands of the police officers,
who, accompanied by the complainant, proceeded
10 the vessel. On going alongside officers Of
The ship from the gangway called out that the
0fcers were to be allowed to come on board,
but not that man, meaning the complainant
Accordingly the police officers went on board, and
enc officer, addressing person at the head
Of the eangway, was told that he the chief mate,
Ef-1I
was Mr.. Venus, that being she name given by
the complainant Of the party who had assaulted him.
The mate said Eyes" The police officer then told
him he had a warrant from the magistrate, which he
shox ed him. to take him before them for an assault
upon the party named in the warrant. The mate
said he would go directly the captain came board;
Il was impossible he could go before; he was left ia
charge OF the ship and be had no one else to place
there. Upon that the police officer waited until the
captain came on beard, in about twenty minutes.
The police officer, seeing the captain come on board
with the American Consul, Mr.. Croskey, and the
passengers, went up to the captain and asked him if
he vas the captain Of the ship. He replied he was
The police officer then told the captain he had war
rant from the magistrates a. Southampton to appre
bend the chief mate, Mr.. Venus. The captain i'm
nediately replied-"I won't give him up; | won't
allow you to take him out Of the ship' at the same
time the police officer showed the captain the war
raut He read it, and then the American Consul
said, "Let me look at IT." upon which the police Of
fcer handed it to Mr. Croskey, who also rea1 it, and
ga-: :. 70 the officer again. The police officer thea
said to the consul, "You see, sir must take this
man" The Consul said you cannot The police
sfbcer sed "You see, sir, have got this warrant.
sisned bv the magistrate, and must take the man.
The Consul then said g" lave got all the control on
board this ship" and walked away. !ne ponce ON,
GERS then commenced looking for the chief mate and
on going to his cabin found it locked Not finding
the man the police officer went to the captain again.
and asked him if it his determination not to let
ia Jam have the He said yes, it was; he would
81. tnl-a ont Of lht in
captain then said, "Why was this not done yester-
day? The French Consul had been on board the
ship. and was satisfied with the man being sent on
shore, and this was an after consideration Of the
French Consus to detain his ship just as be was on
the point of startng he could not possibly stop, and
he could not 90 TO sea without his chief officer. Ii
anything happened to him he had no one to navl.
gate the ship and he should forfeit his insurance"
The police officer then said al shall take out the man
by force The captain replied, You must then
have great deal force than you have got here.
You shall not take him out Of the ship while that
Tag (pointing to the American Hag at the peak) Is
Hying.m Tie captain also said, "lf the man had
committed any offence the police should have him,
or be would take him on shore himself; but he had
not, for this fellow, (neaning the complanant,) was
Q mCtneer, and he could have him taken ashore,
and tried him ct Southampton, and he would
have been sent to Botany Pay" The police officer
Hhen said to the captain, You don't intend then, to
let us have the man." The captain said, NO; do
not" The police officers replied, There will be no
ching done to it," to which the captain said, "Tae
govern ments must settle it, for he could not stop his
ship The officers then left the captain, and search
ed about the ship % long as they could the vessel
vas about to start and not finding the man, they
were obliged to leave without being able to take
him. The warrant Of the Justices having been thus
set at nought, they think it right to submit the cir
cumsances to your consideration in order that some
satisfaction or explanation may be obtained in the
matter, and the more particularly as the American
Consul was board and sanctioned the proceed
ings Of the captain. Foreign ships are continually
coming to-this port and as similar cases may fire.
gnentiy occur tire Justices feel that explana-
lion is required in the present case, in order that
their authority may be properly supported. have,
&c, (SigncdD john s. ELoRIDGE,
Clerk to the Justices,
The Right Honorable the Secretary Of State.
LORD HALMEsBuRY TO THE Y. s. MINISTER.
FOREIGN OFFICE, Nov. 20, lS52.