New-York daily tribune., 1854-09-09
Ia " LVTELLIGENCE
MARINE couRr-Bslore Jnsee MccARrnY.

CLAIM or A CREW OF 4 BRITISH ORIG FOR WAGES.
Henry Sutton AID others az William Sharp, Of the
British brig Isabella.
Claim for wages by crew who shipped at HUI,
England to go to Leghorn, thence to various places
in the Mediterranean, thence to New York, thence
back 10 England. The vessel left England 2oth Feb
ruary last, went to Leghorn and Genoa then to Gi-
bratar thence 70 NewYOrk with a cargo OF rags and
other articles In the Mediterranean, it was alleged,
the vessel got OF fuel and ran short OF bread and
the men were On short allowance II days and out
OF fuel four weeks so that they could cook only
in four days. On the arrival OF the vessel at New
York il stated, Goth July, the captain went on
Shore and for two three weeks lt did not appear
that he had been On board. The mate, il was said,
was in the habit of drinking challenged the men on
an occasion to tight got out hs pistols and threatened
10 shoot the The cook had the powder aud ball.
The mate, in a great rage Threatened To shoot any
man that passed TO the shore. One man was knocked
down by him and the man complained before Justice
Welsh. who held the mate TO bail in $500.
Another difficulty, il was alleged occurred; the
mate again threatened 10 shoot the men-threatened
10 shoot them ii he got them TO sea-threatened 10
work them up that the men swore that they con-
sidered their lives in danger. The mate on that
son taken the Station House and kept several
hours, and next day taken before Justice Welsh aud
be was kept in prison SIX days, hut finally obtained
bail to appear at the Sessions charge Of assault
ing the men and riOtng in port. The men, il
said, were not notified TO appear, and the mate was
discharged.
Finally the men, on the 5th Aug, left the vessel.
taking their clothes out it stated, in presence of
the captain who did rot fOr0ld them 10 do so. They
went to the British Consul, but got no redress;
they then employed counsel, and took opt attach
ment against the vessel for their wages. The case
came on for trial before Judge McC. Some of the
witnesses testified tbat the captain had cOnspired
with the mate 10 put him forward to do the hogging
They generally swOre that they considered if they
went in the vessel that their lives would be in danger
The sie was 40 days from Genoa 10 the Rock of
Gibraltar, and 20 days thence to this port.
The counsel for the plaintiffs cOntended that the men
discharged by act and operation of law and by
the maritime code of all nations by reason of cruelty
and iltreatment and by mismanagement OF the cap
tain that the mate going hone in the vessel:
that be had threatened and itrea.ed the men; that
the captain had participated in the wrong doing. and
that the justified in leaving the vessel and
making the present claim for their wages.
On the part Of defense it was cOntended by the
counsel Of the captain that the Court has urisdic
ton over the case; that the crew were shipped in
England, and the voyage TO end there; that the voy
age is not up. the men are bound by their shipping
articles, and that in leaving the vessel they de-
serters and have forfeited all their pay.
The suit is on behalf Of the crew. They claimed
that they bad right TO be paid for their time till the
vessel should have got back 10 England, and the
amount Of claims noBinay in all is 81 800; the amount
of wages due is about s40O.
The Judge, in his decision, recognized the principle
that where the terms OF the agreement are kept by
the vessel the Courts will not interfere in respect 10
the crew but when there is avioaon Of the shipping
articles on the part Of the vessel and the claim
in addition, that their lives would be in danger in
proceeding on the voyage the men have a right 10
claim the protection OF the Courts, and bring action
for such amount Of wages "a may be due 10 them.
Judgment for plaintiffs in amount due at the time OF
leaving the vessel.