The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-10-27
THE OLD ORDER REVERSED.
A SfILOR FINED TOR ass fCLTYNG 4
CfTTIIN UHILE ar SE.f.
The Scnmnn's Appeal 10 IA United states Con-
sui tnhccdcd Punisamcnt that Disabled
the sailor Succsssrut suit for Dnmnyes

The scnmnn's Appeal 20 IA United states Con-
all tnhccdcd Punishment that Disabled
the sailor Succ-ssfni suit for Damages
An extraordinary suit was tried yesterday
bcfor, shipping Commissioner Duncan 1t be-
car.'. when decided. an important precedent in
Admiralty law. Chas H. Coffin. Captain Of the
bars liinglcddcr, sued Thomas Buchanan. latc-
" ono OF his crew. Tor damages for assnu.n.,
him. in the hnrbor VI Manila. ON the l7th of
June. Can't. Coffin, II bury hron2"d seaman.
te.tilicd that he il G3 years Of age; that he has
been "a Captain Of large vessels for frrty-nN"
years. and that lac never before entered court
ROOM Buchanan signed the articles as II nR,vc
OF Liverpool. 81 years Of age. On the 18th of
Junr. in the harbor Of Manila. he went ashore
t. cloarthc vessel buchanan being ono Of the
boats rev. IN" wind WIS fair. ard he W shed
to sail. On returning to the boat. after clearing
the vessel. h" saw buchanan swimming short
distance from the shore. He got into the bout.
aud seated himself in the stern sheets. Blu
chGnnn climbed over the side. and manned his
oar After the boat hal been rowcd about six
lengths. he said to Buchanan Didn't tell you
not to go into the water when you were waiting
for me-"
You did" Blu ,nanan answered. and I'll go
In again"
The Captain stepped forward. md slapped
struck him ON the nose. Then Buchanan
struck him on both sides Of the face. knocking
out tooth from either side Of the jaw. Grasp
ing him ny the throat, 50 firmly that tho marks
"l "a nnnsnrs w'r" inpIhbbiid , Tor n1l aiIr-
, ~ .un..-, f,"- ~ 'rgwn stu u ,Su d"n hrS
NY iifion!" Hc rod az III" cry 10Y hc'p.
and the other men in the boat dragged III" hunan
hickman then resumed his oar. When the
boat was nearly Hhrr'si of the tonsulWe, Blu
tl.fuvt sAtI 80 want Cd the Consul lle
declined t. lHnd buchanan. aud Eu hanan,
/ -rrinifu4 overheard. swain ASHORE" lie walked
! toward thr Consulate. I1ndlug tho Captain
/ followed Buchanan. Consul Heron heard Blu
/ chanan's story and his own. and ih' stories 81
! two uihrrs % the boats crow. Chntl's Lyons
/ and Oscar Iiudhrri,. Then he scni"n'ci Blu
! ch1Htn to solitary coniln. n.nt n doum irons.
! for t"u dpy4 IN III" vessel. lie -"nt }u"hauHn
/ e. the " SIS j IN his steam llunr D. under suard.
with Hu authorization 10 the met mat I" On
UnIrr cross .Naminalon Can't CoNu tosti-
/ ned mat h. approved III" transfer II bu hanan
/ from h nrsl mats watch to that Of the second
/ detained wv niy-four hours on account OF til"
! ARRAY. md tn" loss was 500.
Tionas PA iangn t'si!n that he is na,ivc
Of Ion !ondrrry. ireland. When Capt Coffin
saw him swimming l" cri"d out, So you
are I'm the water ncain. are ~ He did
not reply hut climhed III abreast Of the row.
mp his oar III, had taken a hath bronusS
/ il WIS dangerous To swim near the Ring
leahrr. on an.ount of the sharks. and the
/ smalncss of the aNow1nrr II water aboard
| crow had pulled u few lcngths the Captain said.
Dldni tell Yon nQl t2so ipio ihe MatHr gEaln
| tho heat WIS so grcnt that y, wanted a bath.
| Then the Captain said: when | got you
aboard I'm let the Bulldog loose upOn you"
The Z" Bulldog" was the Captains name for
! Mate Williams. on account of IN" ilerceness ~
the latter. liz answered that II the Bulldog
self, tie Captain said. cut hing his throat and
striking him IN the face. Then The Captain fall
upon him. Mlchncl Cokely. who had h,'rn man
he graiplad the Cnyta n, In the struggle. while
| trying To clear himself from tho Captain. he
buucd tn, Captain in the nose. Then they were
sepnratrd. Ahroas' of the Consulate he asked
tcc.on from Consul Heron. TIE Captain re-
lusing to land iim h" swan ashore;
charge aga INST the Captain but on the strength
of III" Captains unsupported testimony. sent
der the tonsuls sentence he WAS taken aboard
to he ironed Tor ten days. The mate took the
deck near the Captain. The mate could find
only handouts. He selected the largest pair.
but they an not IT Burhnnan's ankles. The
tain. without cutting the mans h"sh." Never
mind. tn" Cnptain shouted. put them on. If
The handouts. cutting through Buchanan's
fl'sh almost To the Done. were locked. ana he
was put into the laNueuo. Hc stayed ,herc five
days. unable To stand upright TIL" door was
kept shut close. Tnen l., was Put into the af"r
hatch. ON the cargo. Tho nous" WINS kept on
the hnt. h. and the door, wcre shut throughout
the night and the rrrNtcr part Of the day Hr
wac unable To- work tor ten daJ = after has re-
lease. on account of the wounds on his ank les.
| Michael Cukciy testified that Capt. cunin
| erasprd Buehanun'- cont collar. and fen over
him. Then hoth fell upon him. II" separated
them. buchanan wis unable 10 work tor about
a,uiay 2il'r H. r.eis ir9m conineWeni
| n.d that Buchanan WIS not disabled Tor moro
than dny by his confinement.
| Buchanan : lawyers argued that Capt. Colin.
upon his own testimony. WIS convicted 90 an
illO gal assault ul.n one of hls rev. Bu 'hanan.
the lawyer argued. should sur Tor damages.
Capt. Conln 5 lawyer urged that even thong
| Buchanan p frrco assault upon tho captain WIS
provoked by the slap. II WAS moi warranted by
the provocuiion.
Commissioner Duncan said that h. was never
before required TO decide case Of this kind
He has, in uunumber,d cases. be- "a appealed 10
| hy abused sranlrn, bui never previously 10y an
abused captaIn plseiplin' does net prevail
| for blow. Suli-dcfence does not extend to this
reversal OF discipline. \ captain must ha ALSO
lute on the deck Of his ship. II he abuses his
an eNtremc cnse is the resort Of u sailor
10 violence against an OIL 'er lu-tilluhlc II the
officer should hold the seanan over the sid"
aud say, ] viii drown YOU. the seaman would
siblc to save his life. According 10 his Own
long experience ns a shipmastrr. II ~ often
necessary 70 admin STIR NOR" lnan sap 20 a
seaman. Sailors nr" sometimes sloWhnd stub
horn when thu lives and the property IN the
ship are dependent upon ulrrtness. II. 10y his
-iowness. a sailor should ToiHrd the perform
inc of q UunruNte upon which the safety o
me SIP drp"nu"d an OH GER would he Just flo,
IN -hoonng him dead. 1t is not proper thut The
+ INN should lrrAh. That sA, Tor can siri['
AN ltii 'nr. Bu .iianAn committed grnss out
, rage and he must pay Cupt Coffin Zoo dam
Wages amounting to $50 wore duo to Blu
! ohHntLi, aud he promptly pad capt Colin.