The Hawaiian gazette., 1869-12-15

pitoc O snip Dt>cfcttoo = gttSo the
master. aHa hlra alone, 10 iaases peFsoaal
punishment IL orainsEy cases. net repairing
Pronpt action, nor allowing the mate 70 COR
fer With hin. That discretion IN such
matters can 10, be delegated to subordinate
efseers>
Searaea sre ofsea rongA men. who require
ssera haednsg. but they will rot An
10 recognize the propriesy Of punishment
ey the masters orders for disoeeying the
efsesrs Of the ship An nl-rvgnlated ships
eeapsny is nere likely 10 ee found In that
ship the under 0aseers Of which take the
law iato their owa hapds> aud upon the irn-
pulse ana passion % the moment. while
srnoeg the crew at their lSSors. proceed to
iaaies summary aud ssGstAeyssEl punishment
Another P-iseiple of LAW, a. well 0f cora
noa duty, rsQRires the master. while he
sustsins his saeoTdipste osfscers In all their
legal measures, to give proper examination
10 case before ordering corporal punish
msnt The seamen have a right 20 look TO
the master for protection against abuse. as
well as to expect frsm his hands punishment
for their own misconduct. II he sanction
the uplawfal action Of the mate, be Is liable
as Joint trespssssr With him.
In this case, something was said Of the
anomaly Of the mate acting as the witnesses
say be did, without further apparent cause.
Il Is always surprising that men will give
way &c violent bursts 0f passion. as II they
were not controlled by moral forces; but
do 10, kpow why should refuse to believe
the story Of common seamen, so far as il Is
consistent with itself. any more than woald
refuse to disbelieve the evidence OF any other
members Of the community. The characters
Of the witnesses aud Of the libellSnt are
good, 50 far as know. The evident desire.
on the part Of QUE or two witnesses, to par
ticularize very exaetly-tO the extent, no
doubt. Of sayiog that they saw some things
which they have only beard or imagined.
and that the blows were more numerous and
severe than they really were,-is not iueon-
sisieut with narrative which is truthful in
the main.
do not see, In all the evidence. any oeea-
sion, or legal Justification, for striking the
IhellAnt. There is not particle OF evidence
that be used any improper language, or
showed any disrsSpeetfal manner, except in
hesitating to obey the order TO get knife,
or that he tried TO ineiie any mutinous spirit
in the crew. Until the crew were excited
BY the <eutie and BY the calls Of the nbellAni,
there Was no appearance Of any attempt or
intention on their part TO resist the authority
Of their officers. Their approach. with the
weapons in their hands which they lad been
cleaning, and which they might use for deadly
purposes, was certainly cause for appre-
hensiOu-
regard the mates action in striking the
hbellant, either with fist, broom-hAndle, or
iron implement. as utterly unjusiihAble by
any law, or by the evidence. The appear
anee OF the men approaching to rescue their
eomrade, would have the effect OF removing
the appearance of malice from the subse-
quent action Of the mate
The confinement Of the libeIlant In the
manner described bJ the witnesses, was not
an excessive punishment for disobedienee Of
orders The only difficulty in regard to it Is
that, being done BY the direct orders of the
master, it appears TO approve the assault and
battery.
have no doubt that the master heard the
mates story, which was to the effect that the
lioellant refused obedience, and, as the mate
swears in his answer, that he was making
sport among the men and melting mutinous
spirit, instead of obeying orders. The mas
ter used his judgment, and thereupon ordered
confinement, which / do not regard as ex-
eessive under the case, then by him sup
posed TO be true, and which confinement
continued for oaly two or three days There
Is no evidence that the libellAnt was refused
an EXAMINATION Of his case, or Of witnesses
in bis behalf, and the presumption Is, that
the master performed bis duty in this
regard, and after hearing the case in detail.
discharged the man, although not so promptly
as might be well
There IS no evidence Of peeuniary loss
caused to the libeIlant, bot be Is entitled to
receive, as against the mate. = reasonable
sum as Indemnity for the injury done to his
feelings, and to the dignity which belongs TO
all men, and for his physical suffering
1 do Lot wish, in such cases, to set the
damages so high as to induce seamen 10 pro-
woke Disturbances, or to bring petty CON-
plants into Court In fact, the Court will
always diseountenanee Puerile complaints in
connection with the stern and manly calling
Of the sailor But must prevent, so far as
] can, the practice Of subordinate officers in
exceeding their powers and abusing their
authority in any such manner as appears in
this case
Let decree be made that the master be dis
charged, and that the mate pay the HbeIIant
So. and costs Of these proceedings
". C. Jones, Proctor for hbeIlant.
A 2. Judd, Proctor for respondents.
RafI-Road Accident.