The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-04-01
Expert Decision of Vital Importance
to River Men.
A Suit for Damages Gained by the
Victim Of an Officers Wrath.
Cross-Swearing Between Negro
and White Man Reviewed.
Judge Hammond Says Steamboat Ofil-
GERS Must Obey the Law. No Mat
ter What They Think Of It.
Two other Decisions.

last November the mate OF the steam
boat Gen. ID. II. Rucker was arrested and
tried before Squire Barry for assaultand bat
terry upon three OF the roustabou,s, one OF
whom-Mack Hare-charged that he was
knocked on the head with monkey
wrench, and into the river, where he was
nearly drowned. He was pulled out by
the mate. The case was settled before the
Squire by payment Of costs by the mate,
but Mack sued the owner, Capt. I. b.
Sims, in admiralty for $500 damages
The mate denied having struck him, and
claimed that he saved his life. and that II
was base ingratitude TO claim damages
. Judge Hammond yesterday allowed him
500.
As II was q case OF cross-swcaring be-
tween white man and q negro the court
carefully reviewed the testimony OF the
numerous witnesses on both sides. The
severely wounded scalp OF the plaintiff
turned the scale in his favor, us the wound
could not be otherwise accounted for from
the proof.
The case has excited great deal Of in.
terest among the river men, and for their
benefit TnE APPEAL gives the following
extracts from the opinion filed in the
clerks Office.
On the subject Of negro testimony the
court says:
"The disputed issue OF fact in this case
must be decided for the libclant, unless II
is TO be taken as rule OF evidence that
the testimony OF white man shall prevail,
per fas ct nc ias, over that OF negro,
whichsan never be tolerated in any intel
ligent or impartial tribunal for the trial OF
such issues whether by Judge or jury,
either avOwedly or cOverily, by the inven-
ton o. some pretcnso 10 disguise the oper-
alton OF pure prejudice on that subject. In
what was said about this matter at the bar
the learned counsel for the defendant just
" and somewhat Indignantly repudiatcd
every reliance upon such prejudice, but
insisted that the difference in intelligence,
moral stamina and ike elements OF substan-
iial character should turn the scale in any
event, whether that difference arose from
race distinctions or other causes. There
can be no doubt OF the Justice OF that rule,
as lac states il. but like all other consdera-
tons OF that kind. there must be n careful
scrutiny into oil the circumstances, 50 that
in the application OF the principle there
shall be no unjust exaggeration OF u into
one OF mere aversion against the testimony
OF the witness on account OF his race.
At sie close OF "a full statement Of the
proof the court concludes that subject with
this remark;
That the blow that was struck in this
case will always remain, argumentatiyely
perhaps, n matter OF doubt, but for the
practical purposes Of judicial judgment, II
must be taken TO be an established fact. ="
In discussing the right OF mate 20 COM
pei obedience by physical force the court
laws down the law for the river men in
this way:
1T IL matter Of general knowledge, as
we well know in this court, that II In con-
siderd on the river that these roustabouts
cannot be managed effectively in any other
way, and that the river men complain that
Il Is an obstruction TO commerce TO deny
the privilege Of compulsion by physical
force. But ~ was said In Riley W. Allen,
- Fed. Rep, ~, this consideration,
whether sound or unsound, cannot be-
allowed TO override the acts OF Congress
iorbidding the use OF corporal punishment
In such cases. The arguments in favor OF
Il are no doubt iorcible enough 10 those
interested In maintaining the pnctice, but
they were considered by Congress when
the law permitting Il was, in response 10 a
humane public opinion, abolished.
Steamboat owners, captains and mates
must obey that law no matter what they
think Of Il, aud whether they can find
other effective methods Of getting work
out OF the roustabouts or not ] do not
think that these mates intend 10 wound OF
seriously injurc the men, but In the con
fct between them they often passionaiely
oyerstcp their intentions and strike with
) serious injury. ! do not think, In this
= tntaultnn n NpannH
but only 10 stop the libelant from talking
back" and 10 drive him TO his work.
''1he opinion then discusses the law con
corning the liability Of q master for the
torts OF servant while engaged In his bus
incss and closes with the following remarks
ON the subject Of damages:
"As 10 the amount.of damages we hav'
only 10 read the cases 10 see that courts o
Admiralty are never extrayagnnt In th'
matter ol damages IN cases Ike this. Thu
injury was not permanent or very serious
and, In the nature OF the case, the damage
cannot be large II we consider that whci
men engage in this employment they know
full well ,hatit isrough work and altogethc
beside the notion that delicate scnsibilitie
are 10 be protected from outrage by pun
ishment for ndignities offered. II has no
been long since the corporal chas,isemen
oi scamen wns permitted by law, owing U
the nature and supposed necessities OF th
service. and the officers OF vessels lind
hard 10 give Il up, no doubt.
alterations and assaults between III
master and his crew were never treated u
sourts Of admiralty like these redressed u
the common law courts, which involves u
the slightest blow trcpas upon men
dignity and feelings Of self-respect. tn
crew are 10 be- protected from injury and al
beating wounding and maltrcatment ar
punished criminally, but the admiralt
courts, for tho reason stated In proceedin
ciyilly, are not oyer-sensitive ON the scor
Of wounded feelings only. They compcn
aate the seaman for actual injury and nc
cordng 10 his station, remembering tha
he owes an obedience very absolute and
DIFFERENCE very unconditional 10 the order
Of his officers, and that he y himself rarcl
without fault in this regard on such occa
sions. Like other courts, they may CIV
punitive damages, no doubt, and redret
outrageous personal indignities, when o'
casion requires, but the consideration
mentioned amply account Tor the compal