The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-23

| ties OF the city OF New York and the officers an
crow of the Sandman frigate San Giovanni at ths
port, the particulars of which we copy from two {
the papers of that city:
| From tie Ne,c York Times Of May2l.
| The public has been informed 9th seizure of a
Italian gentleman, by the officers and crew of th
| Sandman war frigate San Giovanni, now lying il
the stream off the Battery. The full particulars o
the seizure, subsequent Entertainment, and confine
ment in irons, was narrated by the aggrieve
party. Signor MARITIME Franchi, on Thursday ap
pcared before Justice Bogart. at the lower polio
court, and the complainant in substanceueposedth tina
he resided at Clifton, Staten Island for two years
and that he has declared his intention Of becoming
citizen of the United States.
On the 7th instant be was. proceeding to tn,
Staten Island Ferry, in Whitehall street, where b,
| met two Of his fellow countrymen, named Carcus
| and Resha. who told him that the exles had beer
beaten and i'll fed. They said, moreover, that they
had themselves just been beaten and kicked By
of the sailors belonging to the rgate. because
they had ventured to demonstrate with them on the
treatment the exiles had received. His feelings
were wrought upon by the statement, and presently
seeing some of the crew ofthe frgate standing near
Castle Garden, he approached them, and asked
why they had i'll treated the exiles. He received
no reply, but got severe blow in the face from
OF the seamen. and was surrounded by the others.
In very brief time he was seized and dragged by
the hair, he stated, to boat which was near at
hand, into which he was thrust, while the seamen,
jumping in, rowed hastily to the frigate. Having
been conveyed on board, he was conducted to the
sergeant of the ship, named Bogetti, who caused
him to deliver up what money he had about him,
1913, and then took him below deck, where he had
him placed in irons.
In this confinement he was kept some three
hours when he was released from the shackles
and brought on deck, where the captain met him
and said: "My sailors have made mistake; here
is your money" The dollars were restored to him,
and he was put ashore in one of the chips boats
The piStrate aIaO tOOk evidence nj nchi,a
ri.nd Carcuo. who stated that he had resided five
years in America. On the day in question he &C.
companied Resha to the Battery, to ascertain the
irving at Castle Garden gate, they observed some
OF the crew OF the frigate talking together. They
soon joined in conversation with the Sailors and
asked them why the captain had ill.treated the
exiles at the same time calling him ga bad man -
and don't know nothing about it." After receiv-
ing this answer, deponent and his friend left the
sailors, and, going to little distance, leaned over
the Battery ratings Presently twelve or four.
teen of the sailors advanced towards them, and
one of them cried out, "They have abused the
captain" The whole body then set upon them
and severely beat and kicked them. Some soldiers
who were in the neighborhood, perceiving that
they were being assau lted by so large number
came to their assistance, and enabled them to
cape further injuries. Shortly after they met
Franchi, to whom they related what had passed
Upon his going to demonstrate with the sailors, he
was seized and carried off to the frgate in the
manner described.
The evidence of Resha was also taken by the
magistrate. 1t fully corroborated Carcuo'a state
ment.
Justice Bogart having considered the matter,
despatched officers Lord and Bowling to the fri
gate to arrest the sergeant, and others who were
concerned in the outrage; but upon arriving at
the ships side those officers were warned off on
peril of their ves and had to return to the police
Office unable to execute their commission.
Yesterday morning. in view of these proceed.
ings, Justice Bogart officially communicated with
the district attorney, wt.o on his part, imme-
course to be pursued. That the offence against
our laws was an important one, was evident from
the section in the second volume of the Revised
Statutes. page 1853, which we here annex:
&c Every person who shall, without lawful au-
thority, fo-cbly seize condne any other or shall
inveigle or kidnap any other with intent either to
cause to be secretly confined imprisoned in this
State against his or her WILL to cause such other
will, shall, upon conviction, be punished by i'm
prisonment in a State prison for a term not ex-
ceeding ten years."
After his conference with the mayor, the district
attorney addressed the following letter to the com.
mander of the San Giovanni:
Coffee OF DIST. ATTORNEY OF Cry AND
COUNTY OF New YoaK, May 20, 1853.
''SIR: am officially informed that criminal
complaint having been preferred against certain
persons connected with the vessel which you com
and placed in the hands of two police officers for.
service; that in the discharge of their duty, these
officers attempted to execute the process, but were
prevented from 30 doing by yourself, or some of
the officers of your ship, acting under your orders
1t is represented to me that the police officers were
prohibited from boarding the vessel the officer in
command being advised of their character, and
that they were in the discharge of their duty.
"WbiIe l regret that any cause of complaint
should occur against any of your officers or crew,
/ m n the time inaiat mill
on your part with the local law, to which, while
within its limits, all its volators are equally
amenable, be they subjects of foreign power or
citizens of our own coil In this country the civil
law is the paramount law, and for it's infraction
the soldier and the sailor equally liable with the
private citizen. For breach or violation of mill
tary or naval rules and discipline, we leave the
offender to the military and naval tribunals; for
violation OF the civil law, we punish in the civil
tribunals.
"The officers and men of your ship, while with.
in the jurisdiction Of this State, constitute no ex
ception this principle OF law, and for all offences
against the peace and laws of this State, commit
ted within its territorial Irisdction they must be
held responsible. If resistance 10 wantonly made
to the enforcement Of the law, he who resists, be
his rank or station what it may will be treated
violator OF the same law, and held to answer for
his misdeeds. hope to have no further occasion
for action on my part, in a matter which suppose
at present to have arisen from Misrepresentation on
your part of the relative rights of the State author
tiles, and OF your own, as officer of the King of
Sardinia.
''With great consideration, your obedient ser.
want, N. BowDITcH BLUNT,
District Attorney.
TO the Commander of the San Giovanni, ship.
of war;"
This letter was taken in charge by the mayors
private secretary, Charles Burdett, ESQ.,, who, in
company with officers Lord and Bowling, pro.
ceeded to the Office of the Sandman CONSUL where
they found the captain of the frigate The latter
having read the letter, consented to allow the off,
cere to go on board and execute the duty assigned
them. They accordingly went with the captain
and arrested the sergeant, and one of the sailors
who wac identified having been concerned in
the seizure of Franchi These individuals were
brought to shore and lodged in the Tombs. Here
the rests at present, but IL O'Clock this FORE
noon further action will be taken before the same
magistrate.
From the N. Y. EUening Express of same date
The investigation into this matter was commenc.
ed this Saturday. morning at the Tombs before
Justice Bogart. The Sandman charge d'affaires
and three Of the crew of the San Giovanni were
present, together with the complainant, Martina
Franchi.
Mr.. Edwards, counsel for the officers and crew
of the irgate stated that Captain Incisa was pre-.
vented from being pressnt in consequence of
severe indisposition. He made statement to the
effect that Martina Franchi, the complainant, was
sitting on the Battery on the morning that the
occurrence took place, when the sailors came
ashore from the San Giovanni. At this time the
Dtain and seyeral of tha officera oebora