The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1865-02-03
United States District Court
WARE >. PRESIDING.


Joseph Thompson, John Buck, John Hall
and Henry Nelson, late seamen on board
Brazilian brig Donna Maria, who have been
imprisoned in Cumberland County jail since
Monday morning, were brought up yesterday
before the Court upon writ of habeds corpus.
The return made by the jailor set forth that
they we're imprisoned on the verbal order Of
the City Marshall as desertcrs from the above
named vessel. $500. ,,,t.., aat
There was evidence put In for the petition
ers tending to show that the said seamen never
signed shipping papers or entered into any
contract for any particular voyage; that they
shipped at Rio Janeiro in May last, sailed to
England where they were imprisoned BY order
of the acting master fourteen days, thence to
Matanzas and thence to Portland that the
acting master told them he would discharge
them at Portland; that at Portland he tried
repeatedly to sell them to recruiting officers
and others as soldiers, and agreed to release
them for 500 each to such recruiting officers
that the men refused to consent to this ar
rangement and demanded their wages, which,
with the exception Of a small sum, remained
unpaid for the whole voyage. The cook Of
the vessel had been beaten and run away on
Sunday morning last, and the men having no
breakfast asked leave to go ashore, and leave
was granted them without any time being set
for them to return. They did return early
Monday morning and offered to go TO work
discharging the cargo. The captain ordered
them to holystone the deck, as they say, that
they might refuse, and give him chance to
imprison them. They did refuse, because they
were not sufficiently clothed to work out doors,
and because they were only bound as they be-
lieved, to discharge the cargo previously to
their wages being paid and their own dis
charge. Immediately afterwards police off
Ger who had been sent for before their return
to the ship, came on board and the acting
master ordered him to commit them to prison,
which he did without any precept or other
than said masters request. .sseo e s1ss ys4J
1t was claimed by counsel for the captain Of
the vessel that the men were properly shipped
at Rio on voyage to Plymouth, England, for
orders, and thence to any port or ports and
N'>AA ~ INV NhA tAose bAiO NOJdBO was LII GULF
pleted. The allegations in respect to enlist
ment were also denied. The shipping papers
were put in, and as they were in the Portu-
guese language an Interpreter had to be called
but he could not interpret the writing although
he could and did interpret the testimony of
the captain. W.. H. Clifford, Esq, who hap
pened into Court, interpreted the writing or
the ships paper. 81 49, 4
Judge Ware decided that the papers signed
by crew must give some definite statement
OF the voyage to be made, otherwise crew
might be kept at sea for a long term of years.
The language Of the papers was too vague.
"To Plymouth for orders was not sufficient
under our government, and he doubted If 1t
was under any government, to hold the men
to go to several other ports, and he decreed
their discharge. G. F. Talbot, US. District
Attorney, for petitioners. &. & F. Fox for
respondent. - - 'ta@