Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-17
SAILORS ON TRIa1.
A Sharp Sailor Succeeds I'm Getting n
Postponement Until Friday.

WcBian sallorS charged Win deserving the
schooner Ada Bailey and refusing to obey
orders OF the captain, We're given u hearing
before United States Commissioner S. Rod
mond smith on Thursday. United States
Iistrict-attorney Beniah Watson appeared
for the prosecution. The men were their
own counsel
John b. Adams, manager owner of the
schooner Ada Bailey was the first witness.
lie testified the men shipped before United
States Shipping Clerk Henry johnson of
Philadelphia on January 25th. The voy-
age was from Philadelphia to Charleston,
>, q. The men were ordered aboard the
schooner on the afternoon of January
18th. They reported at 4 o'clock. Witness
stated that the men were instructed not to
leave that evening as the vessel was about
10 put out for its destination. Notwith-
standing this order the men did leave the
vessel that night, he said, and did not come
aboard her again before morning. Conse-
quently the steamer did not clear until the
next morning and was forced to remain at
Ne" castle several days and suffered con-
siderable pecnniary loss on this account.
Charles Weber, first mate of the
schooner Ada Bailey, was the next wit.
ness, lie testified that the prisoners came
aboard the schooner at 4 o'clock in the
afternoon of January 18th and at 100
O'Clock that evening he received orders to
single ont the line. He notified the men
not To leave the vessel, as the captain had
intimated that the schooner would sail
that night At o'clock that evening the
captain gave orders to cast off the line and
When the mate went to look for the men
he testified that they had deserted the ship
and could not be found
~. AT this juncture George Swanson, one of
the prisoners arose and asked Commits
sioner Smith permission to question the
witness. This privilege was promptly
granted by the commissioner, whereupon
Swanson at once begun to put the mate
through q rigid cross-examination. He
demanded to know whether or not the
maze, who was then on the stand, had not
toid the prisoners to leave the shin the
night of the alleged desertion as the
schooner was not in fit condition to sail
at that time. The mate entered denial.
Then Swanson desired to know whether
the mate had not given the prisoners 30
cents to leave the ship and stay away until
morning. Witness also denied this, where
upon each prisoner arose and asked the
question separately. The mate entered
faint denial TO each question.
Swanson also made statement to the
commissioner in which he declared he had
fought during the war of therebellion and
never left his post of duty once during the
whole siege. He had also followed the sea
for number of years and never before
had charge preferred against him in his
life He was. innocent of the present
charge, he said. as were his companions.
They had been told by the mate to leave
the ship he said. He felt content to abide
e by the ruling of the commissioner and was
not afraid of the laws in the land that gave
him birth. All he desired was chance
for himself and companions ito testify in
their own behalf and clear themselves ola
charge of which they were innocent.
Mr ,,,.II
tunity to testify at court. This is only a
preliminary hearing. You will be given
full opportunity to cite your case when
court convenes."
Yes, but | don't want to remain in Jail
all that time. | want TO clear myself Of
this. charge now. ] have sister and
mother depending on me. Icould be earn
ing SO per month while was in Jail. All
ask is chance to testify.n
District-Attorney Watson, who was in
haste to catch a train for Dover, asked that
the prisoners be held in default of bail for
court. The evidence was sufficient. he
thought, TO hold the men. Commissioner
Smith took a more liberal view of the case.
however, and postponed the case untillFri
day.
John Bray, George Swanson, Matthias
PETERSON and John johnson, the four
sailors chargedwith deserving the schooner
Ada. Bailey on January 9th last, were
arraigned before United States Commits
sioner 5. Redmond Smith again Friday
morning.
When the case was called, S. A. Macal-
lister appeared as counsel for the sailors.
Each man was put upon the stand and
swore positively and distinctly that the
mate had not told them to remain aboard
the ship on the night of January 10Th.
On the contrary, they declared that Webber
had told them to 30 ashore and not return
to the ship before morning, The mate had
said the vessel was unit to put out that
night and the "old man. meaning the
captain, did not want to go out. ON
Swanson, one of the prisoners stating that
be had no money to go ashore, the mate
volunteered to loan them 80 cents they
claimed. The mate denied these state
ments.
Another witness was produced Friday
morning by the prosecution. This man
was John b. Demaris, steward of the YES
sci. His testimony was to the effect that
he heard the mate command the prisoners
not to leave the ship on the night above
mentioned, but, notwithstanding this COM
mand, he declared they did leave the ship
and did not return until the next morning.
Demaris stated that he was in the fore
castle of the vessel when he heard the
orders. He said tho prisoners were eating
supper in the galley when the order was
given.
In rebuttal the prisoners declared that
after the stewart had placed supper for
them in the galley he went aft and conse-
quently could not have heard any CONVEX
sation between the mate and the crew in
the forecastle. After hearing the add.
tional testimony of the stewart, Commits
sioner Smith held the prisoners under 500
bail for court.
The men then declared that their wages
had never been paid by the owner of the
vessel, whereupon Colonel Macallistcr de-
cided to file libel against the schooner.
The writ was placed in the hands of Mar
shal Mahaffy. with the understanding that
the libel should be served at 10 o'clock
Saturday morning if the mems wages.
amounting to $3.50, were not paid by that
time. The present captain OF the boat
Thomas NJ. Melvin of Sussex county, was
held under $3.50 bail as a witness for the
prisoners.
After the hearing George Swanson, one
Of the prisoners who conducted his case
before The commissioner Thursday 80
skillfully, stated to n reporter that the
prisoners were arrested at the instance of
the vessels owner, who hoped to avoid
paying them their wages.
"He is an ex-lawyer of Philadelphia
the prisoner continued, land would not
have brought the charge had he not hoped |
to avoid paying us orr wages. We are
innocent Of the charge and will clear our
selves in court. The mate, Webber, and
John u. Demaris, the stewart, should be |
arrested for perjury. We were told to |
leave that ship and we did 80, and now |
the mate perfumes himself to send us to
jail. | have followed the sea since 1868. |
1 served in the Seventh Wisconsin during |
the rebellion, and never before was accused |
Of deserving in my life.'
----.
THE FIFE DEPdRTM EAT.
A Combination Formed to Control the |
Election of Officers in May.
A combination of fire companies, to |
name the SIlcceSsnrs of the nrnsnnf flfii cnrs