The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-11-15
THREE TROUBLESOME IARS.
SEAMEy OF HARKEyTIyE RUTH
AGAIN SEEK HABEAs CORPCs.
Released From Jail On Appeal. They
Are Given Up by Their Bonds
men and Once More Gain Free.
Aon-yohOdy wants Then Vow.


ably thousands OF mics from Seattie, SLOW
~ beating her way across the broad bosom
OF the Pacific on saer voyage 10 the Caroline
islands, the woes OF three former members
OF The crew. William Henney. Fritz Gabel
and Hans Hanson. continue 10 trouose the
Seattle courts Yesterday the luckless trio
figured before Judge Hanford in the Unit
ed States court in haoeas corpus proceed
ings. brought 10 release them from the al
legged custody Of Sheriff Meyer al the coun-
ty jail The peculiar thing about the case
was that no one was particularly interested
in keeping them In Jail. and they were cis-
charged With the hearty consent OF the very
lawyers who. at the instance ot the cap
tain OF the Ruth, had been instrumental n
having them thrown into tne county prison
In TIE .irEt place.
The case Of the barkentne Ruth, Of which
at one time great results in the way Of con-
struction Of strange United States statutes
were expected. has practically, 1t seems,
dwindied down 20 contest between the
opposing attorneys over the costs Of the ap-
peal originally taken 10 the supreme court
by the three seamsn from the decision of
Justice OF the Peace Ingersoll. committing
them 20 jail 20 await the order Of the cap
tain or the sailing OF the barkentine. The
three men had refused further duty on the
ground that their shipping conrrac; had
been altered without their consent The
In the justice cour. obtained an order COM
polling the men TO go back 10 duty. Pend
ing The sailing OF the vessel they were to
remain III jail.
After the justice had ordered them back
to duty. the three sailors appealed to the
superior court and by habeas corpus pro-
ceedings hindered the sailing OF the vessel
for several days. In the end the superior
court upheld the justice. and the captain
felt sure OF his men. But he vas again
disappointed. They appealed from the de-
cis.on in the habeas corpus case and the
captain, weary Of waiting, sailed without
them.
The sailing Of the barkentine was all the
three sailors were waiting for. With her
departure their interest in the appeal
ceased abruptly But in the case of the
TWO cats In the fable who went TO law
over a Bit of cheese with the monkey as
judge, though the sailors were satisfied,
the law was not; the three men had given
bonds for the diligent prosecution OF their
appeal and payment OF costs In case OF its
dismissal or an affirmance of the superior
court Judgment. and while the lawyers for
the ship captain no longer cared a snap
for the seamen or the appeal, they wanted
their court costs.
On Saturday evening William Clark, y.
s. Swerdhger and W F. Robb, who had
beome sureties for the three sailors in
the sum OF 500 each, delivered the latter
over 10 Sheriff Meyer and asked to be ex-
onerated from the bond
Immediately after the sailors demande
writ of habeas corpus from Judge Han
ford. The lawyers who formerly repre-
sentsd the ship captain claim that these
proceedings were all a bluff" and that
the only object OF the bondsmen in sur
rendering the men was to obtain release
from obligation. relying upon the language
Of the commitment 10 free the sailors
when the habeas corpus case should be
tried. However that may be. Judge Ben
son had signed order d.smissiug the
appeal and generating the three bonds
men before the hearing of the habeas cor
pus case before Judge Hanford yesterday
forenoon
At that time NJ N. Madigan and P p
Carroll. representing the sailors, and Fred
Fl. Peterson and II. L. Wilhelm, represent
ing the ship captain. appeared in court.
and nobody objecting the sailors were or
dered released from jail But the captains
lawyers stipulated expressly that the re-
bondsmen, and now a contest over the
bo'ndsmen ard now a contest over the
right OF Judge BenSon to exonerate the
surettes is on the tspis
Lawyers Peterson and Wilhelm claim
that the supreme court is the only eour,
having authority TO dismiss the anpeaI
and will go before that tribunal. asking
judgment against the sure,ies on the
ground that the appeal has not been dill
gently prosecuted.
Had the appeal been carried 10 a con-
ciuston and the decision OF the st,perior
court affirmed the men would technically
have been doomed TO either remain I'm iafI
or stay under bonds the rest OF their lives
awaiting the day when the captain OF the
Ruth should sail back into Seattle harbor
and demand his seamen.