The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-01-17

hammering on the pilot-housc and stamping
his foot, and Cox attending 70 the wheel.
When asked by Mr.. Leakeu as 70 e
general character Of SegInen, Kerr said
that ne heard that some OF them were an
gels, but he never saw any.
Kerr said thai sailor did not have the
right TO leavea vessel without permission
Of the captain, but he himself IL he had any
grievance aud wanted TO see a commissioner
or lawyer and was refused leave by the
captain would 20 anyhow and take the
consequences afterward.
COMMISSIONER LAMAR UP.
The court adjourned at o'clock for two
! hours, and, on resumiDg, Frank Lamar.
| United States commissioner, was put upon
/ the stand to testify TO the imprisOning OF
Cox. Mr.. Leaken's effort TO briug ous the
facts Of the trial in the commissioner Office
brought objection from the DEFENDANTS
| counsel on the ground that it was a matter
/ which could not be put into evidence
/ In a state court Mr.. Leezen read from
several decisions Of the United States courts
\ 20 substeu tiate his position, but at its con-
| clusion Judge Harden ruled that il Com
missioner Lamar did anything wrong there
| was a remedy in another tribunal, and he
ruled the evidence out.
Charles n. Larrabee, a seaman of the
| Pecker, was callet in rebuttal TO prove
that Capt. Hall bad illtreated other men on
the vessel. He testified to seeing the cap>
tain strike the engineer twice with his
hand on one occasion, and also as 10 his
having difficulty with another seemaa
named John Sharp.
Sharp was next called and testified to his
difficulty with Capt. Hall. He said that
the captain cursed him and threatened 20
knock his brains out with a lead il be gave
him any back talk
Capt Hall was put back on the stand
IA %
was his nephew, a minor aud under his
charge
MR.. LEAKEE's STATEMENT.
At the close of the testimony Mr.. Leaken
said that as a lawyer and officer of the
court he felt 1t incumbent upon
him to make a statement capt.
Hall, he said, made a statement under
oath that Capt Roberts told him that l had
said the case would cost him S75. That
statement is false. | went t. Capt. Roberts
office and asked if he did not
think the case ought to be settled. |
being Of such small account. Capt |
Roberta made an appointment to meet |
me at O'Clock. In the meantime Cox vas |
arrested and put in jail Then it was that |
made remark that as matters had taken |
such course it would cost Capt. Hall more |
than the $l3 OF wages. Capt. Roberts, / |
am satisfied, will bear me out in this state |
ment In regard TO the other remark. that /
SAID ! might as we'll make $40 as the com |
missioner, will simply say that it is also |
FALSE
THE ARGUMENTS.
MIR. Leaken opened the argument by out
lining the points which he proposed TO sub
NIT to the jury. First, that Cox's leaving
the vessel without permission of the captain
was not evidence Of desertiou, and second
that the arrest aud imprisonment was done
at the instigation Of Capt. Hall, was IN
lawful, aud that under the law the plant
if was entitled to damages.
Mr.. Minis followed for the defense in a
short speech. He claimed that there was
no false Imprisonment proven, from the
tact that there was probable cause for
Capt Halls action, and therefore no dam
ages should be given. The captain, he said.
was acting in good faith 10 having Cox ar
rested and put in jail, as he feared the sea-
man was about to desert.
Mr.. Leakens argument was a brilliant
peroration. Capt. Hall. he said, had tried
TO make IL appear that no never had diff
Guilty with Cox, but First Mate Kerr, a wit
ness for tho defense, had sworn that the
noise was OF such consequence that he went
up to the pilot house TO make third party
II necessary.
AFTER MR.. LAMAR
He handled the United States commission
err action In throwing Cox into jail with
out the benefit of trial. or advice OF coun-
sol, IN scathing language. In regard to
Capt. Roberts testimony about Capt. HALLS
character. Mr.. Lsaken said that it was we'll
known that man generally put on his Sun
DAY clothes and smiled on his friends, vet in
other capacities he might be a veritable
tyrant 1t had no bearing whatever on the
case. Capt Roberts kne4 nothing what
eyer OF Capt Halls conduct on the sea. He
asked the Jury to render q verdict which
would have the effect of stopping such out
rageous conduct on tho part Of masters
Of vessels-a verdict which would pro
tect the poor men who sail
the ocean for the benefit
Of binding together the countries of the
world. ''The action Of the United States
said Mr.. Leaken, 'smacks
IF the dark ages, when men were thrown
INTO dungeons, and even burnt at the stake,
Tor expressing their opinions" He closed
by asking the jury to carefully weigh the
evidence and give Cox what was his just
iue