The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-08-28
CHAPMAN TURNED LOOSE
THE MASTER OF TIE FRANK CAR
WILL IN MORE TROUBLE.

ISM SAILOR, F6r- EnGsz, OlScnarGeQ
from the United States Commission
er's Court for Want OF Jurisdiction
His Crew Goes Back on Him.
The case against Capt. William Chapman,
master of the British ship Frank Carvill, in
United States Commi ssioner Lamar's court
yesterday was dismissed for want of juris-
| diction. The charge against the captain
was inhuman treatment of the Spanish
sailor Fortuna Fernandez.
When the case came on for hearing, Capt
Chapman was represented by Is az Beckett,
Esq, and tho Spaniard By W. w. Osborne,
Eq. Mr.. Beckett rasel the point that tn 9
commissioner had no common law jurisdic-
ton in criminal case, and that he could
only try statutory crimes. Ia support Of
this claim he cited several authorities.
He held that the ship Carvill was a
Britisher carrying the British flag, and
for that reason, no court has jurt dIction to
| hear the case except an EnZlish court, when
as in this case. the otfense charged was
alleged to have been committed upoa the
high seas and in foreign waters.
| Mr.. Osborne ridiculed the claim
| which, he said, was bassd upon LOT of
books that looked as If they were 20J years
| OANt anu ROllc SS4lJW LCNtI
epidemic, but Commissioner Lamar said he
felt convinced that the United States
courts did not have jurisdiction in the case,
and he would dismiss it.
READY TO BE EXAMINED
Mr. Beckett stated that Capt. Chapman
was willing to have the testimony hea: d,
but after consulting his client, Mr. Osborne
declined to go into an inquiry. He said
that ii Capt Chapman had been solicitous
| for all examination, and SO anxious to have
| had al the facts TO come out, he could have
| first permitted the testimony to be disclosed
reserving the rlgh to plead want of juris-
diction. This he had not done. Mr.. o.
borne added that it was time enough to 60
into the testimony if tie effort was maze to
return Fernandez to the,ship. He expected
to resist any such action, and when the
proper time came the testimony would
| come out.
After the adjournment of the commits
sioners' court Capt. Chapman, after lengthy
consultation with his counsel aud the Eng
lish vice consul, decided not to attempt
the return OF the Spaniard. The vice con-
sui advised Capt. Chapman not to attempt
| it. Capt. ChapmanS troubles however
seem only to have begun with his dis
missal. His sailors were all along
unwilling and stubborn-looking wit
nesses, and they began to talk
| dDOub udVtDa tlS u-eitCs HAlOIlII ACACC,
arrested for assaults upon them at Dob ",
and they began to talk ab1ut not returning
to the ship. They WAITED money, and
seeing himself about TO be abandoned by his
C ew, the captain gave them different sums
and by o'clock they were haf-seas over,
and it required good generaship to get
them on board the David Clark, the cap
tain having one linked arms, who led him
rather q tOrtuous winding over the grass
| rllnfc in johnson bpfnra ba
Strengthened out for the wharf. The David
Clark did not wait loug after the sailors
| were aboard. There was ono missing, though.
THE MATES STORY.
The mate was not aboard. He was feel
! ing very sore and if the case had gone to
| trial some rich developments might have
resulted. He said that the captain, since
coming into port, was getting to be Bible
reader and an awful good man, and that no
| was disposed to shift oil the bad treatment
of the Spanard on the mates shoulders
The mate kept his head and stomach clearer
of tanglefoot than Bismarck the leadec
of the malcontents, yesterday, but he did
as much talking as any of them. and while
he said the Spaniard had not been SO badly
treated as represented, yet he gave it to be-
understood that it had been a very rouga
passage for Fernandez, and that the blame
the captain was now attempting to saddle
"A.
orders.
The mate was seen last night by MORN
ING NEWS reporter after the David Clark
had left for Doboy, and he said that he
was not going to go back to the ship He
was articled TO an American port, and he
said that he is entitled to has discharge.
His home is in Philadelphia and there ile
proposes to go, first hbeling the vessel for
his pay. lie says that he has been en-
pioyed on the vessel seyeateen months at
S45 per month, and he has been paid but s.
at Doboy and %l2 here, leaving him bal
ance due of S70i 60, the Sl2 being for
S1S 90 due him for mis- trip TO Savannah
and his expenses here.
DoDGED THE CAPTAIN.
Mckee played successful ruse upon the
captain TO get lot, being the principal in a
mock fight, for which he was arrested, and,
it is said, was to get $25 from the captain
to get cut of troable. Instead he got SIP.
Deputy United States Marshal Leavy,
who returned with Capt. Chapman and the
sailors, said that the latter intended to have
the mate arrested for assault and battery,
and while he was up town consulting with O
magistrate the sailors got some money and
became too grogGy to prosecute their man.
The mate d,sclaims doing anything on
board tho vessei, except with the orders and
under the eve of the captain.
Steps will be taken by Mckee to-day
looking to the collection of his seaman S
wages, and, if necessary, he will return TO
Darien with an officer. In the light of all
the later developments, Commissioner La
mar said last night that he regretted very
much that he dad not Lave the jurisdiction
to ferret out the charges made by the
Spaniard The outcome OF it all is that
Fernandez win lose all that is due him for
deserting the SHIP and the mate, if he does
not return, may lose his, for, il he cannot
produce his articles to show that he was en-
Titled to discharge on reaching United
States port he, too, i'll be ranked as de-