Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-07-28
THE CASE or the .iRcENrA.
A Question of jurisdiction Raised Before
United States Commissioner Conrad.

IN - t<tof1 vi = A - -hAt'E ASAt
A Question of Jurisdiction Raised Before
United States Commissioner Conrad.
The case of assault on the high seas
charged against First Mate Benjamin
Foster of the British bark Argenta, by
the second mate, Robert j. Fogg, to
have come up before United States Com
missioner Henry G. Conrad at 10 a. M,
Monday, was postponed to 2 o'clock
p. m, pending an investigation by
District-attorney Beniah Watson Of the
question of jurisdiction as raised by
George Bartlett, the Captain of the bark,
The Argenta came here in ballast for
repairs from Santos, Brazil, and is now
at the jackson o. Sharp yards. Tho
assault took place as the vessel was
passing Cape Henlopen. Fogg states
that there were some words between
him and the first mate in regard to tam
pering with the halyards, when Foster
struck him with Delaying pin, bruis-
ing him and cutting his forehead. Cap
tain Bartlett separated the men. Fogg
swore out a warrant Saturday after
noon and the first mate was arrested by
Deputy United States Marshal George
D. Watson. Two of the sailors, Watson
and Martel, also complain of rough
treatment by Foster.
Captain Bartlett claims that jurisdic-
ton rests with the British consul of this
district lat Philadelphia). In order to
allow of United States jurisdiction the
vessel must be owned in whole or in
part by an American citizen. The Ar
ganta is n British ship, registered at
Pawsboro, Nova Scotia. Captain Bart
lett is Philadelphia, and the other
officers and crew are foreigners.
The Argenta is a bark of 5SS tons.
She lost almost all her crew at Santos
from yellow fever. She was thoroughly
fumigated at the Breakwater. The odor
of sulphur is very strong around her
now. The process of fumigation burnt
a great deal Of the paint from the ships
sides.
Were the case in this jurisdiction the
limit of fine on conviction Of an offence
such as the one alleged is $4,000. Com
missioner Conrad accepted the captains
bond in $500 for Fosters appearance at
2p: m.
The case was called up again in the
afternoon.
District. attorney Watson was anxious
to have tho case continued to Wednes-
day morning. He claimed United States
jurisdiction in cases such as the one
under discussion.
w. Michael Byrne, in defence, OBJ
jected 10 any continuance. He con-
tended that the matter occurred beyond
United States jurisdiction, some 10 or
90 miles from the coast. He asserted
that admiralty law allows only 81 miles.
rbia ie tho common law nj ratinpS
The crime committed must have
tried by this court.
Counsel asked for dismissal of the
case on the ground that it is not cogniza-
Bile by the court. 1t took place on the
high seas in the jurisdiction of no nation
in particular. 1t remains only that the
assault, if it occurred at all, was made
by British citizens in a British ship.
Mr.. Byrne openly challenged any
United States jurisdiction in the case.
The assault case of Fogg vs.. Foster of
the British bark Argenta, now at the
jackson & Sharp yards for repairs, was
decided by United States Commissioner
Henry G.. Conrad yesterday adversely
to the point raised of United States
jurisdiction in the case.
In addressing the commissioner this
morning District Attorney Beniah
Watson cited case from the United
States Supreme Court showing that the
government had no Jurisdiction in the
present suit. 1t is question of inter-
nationl law and is regulated by treaty
power. Ii the crime committed be of
such character as, for example,
| felnious homicide which would disturb
the peace and tranquility of the State
| the local authorities have the right to
intervene. But if 1t concern merely the
international police regulation of the
vessel the British consul in the case of a
! vessel of that nationality in these waters
is the proper one to settle the difficulty.
| This was case of assault and battery,
assault being the least offence known to
| the law. This being so and the vessel
in the supreme court case cited being
| moored to a wharf and clearly within
| the jurisdiction of the local authorities,
then the British consul has right TO
| interfere. So much the more so when
as in the present case the alleged offence
is committed on the high seas. Even if
the offence were committed in American
waters, less than the marine league from
| shore, the British consul would still
have the right to arbitrate the matter
and if the defendant be not satisfied
with his decision he can have the ques-
ton tried at the port to which the ship
belongs.
Commissioner Conrad decided, at the
request of the United States district.
attorney, that in this particular case the
United States has no jurisdiction.
w. Michael Byrne, counsel for the
defendant, had nothing TO say on the
matter, as the government prosecutors
position is in accord with his plea and
argument
The case was then discussed. 1t is
understood that the parties concerned
have come TO an understanding and
that there will probably be no more liti-
| CATION.
Charles Ransberger has gone to Europe
and will pass three months In Germany
and France.