Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-02-20
NO COURT TO TRY HIM
A SEAMAN FOR WHOSE CASE THERE
APPEARS NO JURISDICTION.
Neither tho United states, British. nor
virginia Authorities willing to Act.
Tho Captains solution.

Deputy United States Marshal Thomas
f. Ballard received telegram early yes
terday morning signed Esterbrook, cap
tain Of the Canopus," in which it was
stated that West Point policeman was on
his way to Richmond with the fireman OF
his vessel, who was charged with striking
the mate and mutinying. The offence,
the message also stated, was committed on
board the ship while on its way from New
port News TO West Point. :.
About o'clock the party, consisting OF
j. w. Shelton, chief of police OF West
Point; Captain Esterbrook, and the pri-
soner, Thomas Carroll, arrived at the Gus
tom-house and went TO the Marshals 8
Office.
HAD no JURISDICTION,
United States Commissioner Atkins was
sent for, and when q statement OF the case
was made TO him said he had no iuris--
dction. the offence having been committed
within the State and In Warwick county
waters.
British Vice-Consul Marshall was next
appealed 10. The "Canopusn is an Eng
lish ship and the representatives OF tho
British Government have the power to try
cases of mutiny occurring on such vessels
at sea. Mr.. Marshall decided that the mat
ter did not come within his scope, and
gave Officer Shelton O written statement
to the effect that he also had no iurisdic-
ton.
The next step was TO take the prisoner TO
Warwick county, where the offence was
committed, but no warrant was out for
him there.
It was suggested that he be taken to
West Point, where he was arrested, but
there was no charge against him In that
city.
THE TROUBLE.
When q Dispatch man saw Carroll about
2 o'clock yesterday he was sitting in the
Marshal's office at the custom-house in q
meditatiye mood. He said when asked
about the trouble that il occurred Tues
day morning lust after the ship left New
port News. He frankly admitted that for
day or two previous he had been in
dulging in "tanglefootn Of such quality
as can be had only ut the News. At the
time mentioned Carroll, who is q fireman,
went up TO the saloon-deck and asked the
Captain if he could have glass of grog
to brace up on, as he was little shaky
from his excesses Of the past day or two.
HE LEFT TOO SLOWLY.
The Captain did not see fit to grant the
request, which is nota unusual one aboard
ship. and Carroll turned around very
slowly and began to leave the deck at
snaips pace.
The Captain told him to move faster,
which command not being obeyed, First:
Mate Fosberger was called TO put Carroll
off the deck The fireman says that Fos-
berger was very rough with him., cursed
him, and attempted TO strike him, at
which ne hauled off and let the mate have
two good hicks Just for luck. At this point
the Chief Engineer came along and sepa-
rated the two men and carried Carroll away.
Captain Esterbrook told a Dispatch man
that Carolls story was correct except that
portion of it which related TO the mates
treatment Of him. The first officer, who is
man of gigantic stature. while often
rough. was not unnecessarily so on this
decision.
KICKED AND ABUSED HIM.
Carroll on his part insists that Fosberger
kicked him, from which be claimed he
had a lame knee, and told him TO go down
TO a place far below that where the
lamented McGinty is said to sleep.
A few minutes before the Dispatch man
left Captain Esterbrook. who seems to be
the beau ideal of the Jolly English sailor.
took Carroll TO q restaurant and gave him o
good dinner.
THE CAPTAINS SOLUTION.
In speaking to the reporter the Captain
said that as Carroll seemed to regret what
he had done and ownedup TO being drunk he
! had a good idea of settling the whole ques-
| ton of jurisdiction by taking him down 10
West Point and putting him on board and
keeping him there until heleft, after which
there would be no danger of his getting
drunk