Savannah morning news. [volume] (Savannah) 1868-1887, 1885-03-20
AN INTERESTING CASE.
The Result of Receiving a Message
from a Jury on SundaY-Judge Speer's
Ruling on the Observance of the Sab

The Result of Receiving a Message
from a Jury on Sunday-Judge SPeer's
Ruling on the Observance of the Sab
bath.
The case of the United States vs.
James f. Dyer. was called in the United
States Court yesterday. At the
time the alleged offense was CON-
mitted Captain Dyer was master of
the schooner NJ. b. Millen. He was in
dicted for maItreating a negro seaman
named Noah Willis during voyage from
New York TO Savannah. j. j. Abrams,
Esq, who appeared as counsel Tor Dyer,
fled a plea of heretofore in jeopardy,
setting UP that on NOV. 80 the case was
tried i'm the United States Court before
Judge BOarman, who was then presiding,
and 4 Jury. The day the trial was had
was Saturday and the plea alleged
that the jury retired that evening but
were unable t. agree upon verdict; that
on .he next day, which was Sunday, when
no verdict could be rendered, the court
was opened to receive a message from the
Jury and the Jury was brought into court,
y hen il appeared that the child of one OF
the Jurors was sick. A juror was then With
drawn and a mistrial declared. A copy
OF the orders made by the court in the case,
including the order of Sunday, withdraw
irg a Juror and declaring a mistrial, were
filed with the plea, Which concluded by
alleging that the proceedings had on sun
dav were non dies and void, and that
hence the accused had been once put in
jeopardy and could not be tried again for
the same offenSe.
After argument by the District Attor-
ney and Mr.. Abrams, Judge speer sus-
tained the plea, holding that the proceed
ings had by the court in the case on sun
DAY were a mullity, and that the case
came under the provisions of the constl-
tuition Of the United States providing that
a person cannot be twice put in jeopardy
for the same Offense. He said, in render
ing his decision. that while the Sabbath
was not generally observed as 1t should
be, the day was still respected by the
courts.
II appears that when the court was
convened on Sunday to receive the jury
that naither District Attorney Darneli or
the defendant were present. From
the facts in the case, which
have already been published in the
NEWS, il appears that Willis shipped as
4 steward on the schooner, but did not
sign articles when he shipped, and AFTER
the vessel had got to sea Capt. Dyer tried
Ia induce him to do 50, and he refused.
He charged upon arrival in port that
because Oh MS EEiWStt AuC NdIAnAh 40
Saulted him. When the port was reached
Willis was paid OF, but before he went
ashore the Captain discovered that some
things We're missing from the vessel, and
wanted To search Willis chest. The lat
ter refused to allow him 10 do so. Capt.
Dyer then had Willis tied to detain MIN
until he could get an officer, and
went before Justice Molina and
procured search warrant. When he
was tied he became infuuated and com.
mcnced 10 use abusive language in the
presence of the Captains wife, who was
on board, and the Captain, to stop him,
ordered the mate of the vessel TO gag him,
which he did by putting oakum in his
mouth. When the warrant was served
some articles belonging to the vessel
were found in his possession, but when
the case came on for trial 1t was DIS
missed at Capt. Dyer's instance. The
mate. J. w. ed, was also indicted In
the United States court for cruelty to
Willis. After the plea in the case OF Capt.
Dyer had been sustained, District Attorney
DIrnesi stated that as the mate had done
what he did ay order of the Captaio, it
was probable that a case could not be
sustained against him, and be therefore
entered a nOIIe prOsequi in his case, be-
lieying that the ends of justice would not
be defeated thereby.