The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-01-17
IN A SEALED ENVELOPE.
TIE VERDICT WHETHER SEAMAN
COX GETS $4,000.

=
Evidence and Arguments cidenl
of the Trial-The Jury Returns
Sealed Verdict.
The extraordinary session of the cit
court, to try the $4,000 damage suit 0
Seaman William Cox against Capt. Hall o
thu American schooner Oliver Pecker, 70
unlawful arrest and false Imprisonment
lasted all day yesterday. Judge Harden
charge was very clear and occupied twenty
minutes.
TIE jury retired at O'Clock las. night,
and twenty minutes later Judge Harden,
with sonsent nf counsel, ordered the sheriff Il
sound the jury with a view to finding out il
there was any prospect Of an early verdict
The foreman sent back word that the jury
would hardly agree for an hour, and asked
If it could not bring in sealed verdict.
Both counsel agreed 10 this, and the court
adjourned until 10 o'clock this morning
The judge and lawyers had not left the
court house more than ten minutes when the
jury agreed and brought in a sealed verdict.
1t was out but thirty-hVe minutes altogether.
THE JURY.
Little trouble was had in securing Jury.
The plaintiff struck and the defendant G.
The following were the jurors:
H II. Vernon, Edward Y Ham,
Henry A. Dumas, William T. Lynch,
Fred Rohr, John Hogan,
Patrick Hagans, Charles II. Berry,
John H Dittman, G. NJ Besselieu,
John II. Kennard, James A. Gross.
Cox, the complainant, was the first wit :
ness He told the story of his arrest and
imprisonment in a straightforward manner,
exactly as published in the MORNING NEWS
Thursday. Dir. Leaken tried to bring out
the fact that Cox made complaint against
Capt Hall on account Of brutal treatment
on the high seas. Abram Minis, Esq.,
attorney for the captain, objected on the
ground that these facts had nothing to do
with the case on trial, as that question
would come up in the trial of the libel suit
in the United States court
On the cross-examination Mr.. Minis al
luded TO the trouble off Cape Henry, which
immediately brought MIR. Leaken to his
feet on an objection. There were some
sharp remarks for few minutes between
counsel, and the question was finally
settled by Judge Harden instructing the
jury that the present case was suit for
damages. and anything which transpired
previously had nothing to do with it.
SHERIFF ROMAN ON THE STAND.
Sheriff Roman was called to prove the
commitment of Cox to jail on warrant
from United States Commissioner Frank
Lamar.
Mr.. Leaken next introduced the shipping
articles, which Cox said he didknot sign be-
fore United States commissioner, to prove
that as far as the papers went Cox had signed
them, but as the acts of congress had not
been complied with no question as TO the
jurisdiction Of the state court could be
raised, and he had right TO leave the vessel
at any time. He then closed, subject to
rebuttal.
Capt. Joseph A. Roberts was the first wit
ness put up by the defense. MIR. Minis
started out by asking Capt. Roberts how
long he had known Capt Hall, and what
was his general character. Mr.. Leake1
raised the point that nohody's character
was on trial, and he objected 20 Capt. Rob
erts testifying to anything except the pres
ent case, aud what he knew Of Capt. Halls
character for twenty years had nothing to
do with it Judge Harden ruled that Capt.
Roberts testimony was admissible in 50 far
as TO snow by his previous character whether
or not Capt. Hall was malicious person.
Capt Roberts then went into q detailed
account Of Capt. Halls character. He said
that he knew the defendant to be e fair
dealing man-one who to MS knowledge had
no bad or pernicious habits--and was an
honorable man.
CAPT. HALLS TESTIMONY.
Capt. Hall was next put up. He said that
United States commissioner would NOT
grant articles TO seaman unless he was
present ID person. At this point, after con-
suItatlon between the attorneys and Judge
Harden, MIR. Leaken withdrew his objec-
tons In regard to the articles being signed
before United States commissioner.
Mr.. Minis asked the captain to give an
account Of what had occurred on the trim
ana the conduct OF Cox during the VOYAGE.
ANS brought Mr.. Leaken again to his feet,
70, oh
as nothing which had taken place out
side OF Chatham county and the iurisdic- |
tlon OF the court should be considered.
Judge Harden admitted the testimony on |
the ground that the jury should be given |
ali information in regard to the character
or both parties. so as to determine the |
amount OF damages, if they should decide |
to give any.
Capt. Hall said that Cox had been a man
who was continually growing about doing |
nis WORK, and, although he performed it, he |
oelayed 1t as much as possible Capt. Hall |
SAID that Cox went to him on Friday night |
last and asked for his wages. He refused |
IT. and Cox told him that he wanted 10 see |
tne y nlted States commissioner. He told |
COX tnat he could go ashore for that pur- |
pose on Saturday morning. He then went |
unto detailed account of the examination !
before United States Commissioner Lamar
and his interview with Mr.. Leaken. The |
captain said that Cox left his YES |
Gel twice Monday without permission.
and he, believing that the seaman
intended todesert, had warrant issued FOR |
has arrest and bad him confined in jail, be- |
licving that under the United States laws
he was Justified in his course.
THE CAPTAINS ADMISSIONS
On cross-examination Capt. Hall admit |
ted that, although he had been on the sea |
for forty eight years. he was not familiar
with the laws OF the United States re- |
curing tw6pty-folr hours absence 20 make |
desertion. The captain was very sharp in |
his replies to Mr.. Leaken, and showed con- |
siderable feeling in the matter. He said |
that he had a pleasant interview with Mr.. |
Leaken, and considered him very WIGS |
gentleman. Capt. Hall did not, however. |
have quite clear recollection of what took |
place IN the attorneys Office. The captain
seemed to be very dull about understands |
ing the questions put to him by Attorney |
Leaken, and every few minutes he eaid az |
don't understand, sir" He testified that
Capt Roberts had told him Mr. Lsaken |
said that he would make the case cost him
SIS, and that he (Mr. Leaken) might as
well make $40 as well as the United States
commissioner.
First Mate Kerr testified that Cox had
obeyed every order that had been given
ham as far as he knew, but was a little
slow. lie said that he was present at the