The evening times., 1898-07-20
CRIMES on THE SEA.
rhe Question Of JuRisdlcti0n Over
the Trial Of FReneh Sailors.

The Question Of JuRisdlctiOn Over
the Trial Of French Sailors.
New York. July 2o.-The question Of the
trial and punishment OF the crew OF La
Bourgogne for the virtual murder Of
women and other passengers, has excited
widespread interest here. Where can
they be tried is the query Of people
who believe the circumstantiai accounts
OF their display of criminal cowardice
and Of their virtual assaults on the pas
sengers. At first 1t was supposed by
could be indicted at the first port where
they should land. An inquiry at the Of
fee OF the United States district attorney
brought the statement that the men could
be arrested only on the complaint Of the
French consul general, and that the
United States authorities could do no
more than to turn the men over to the
legal authorities in France, where they
could be placed on trial. Said that au-
thority:
'.If man commits crime on the high
seas, and the vessel Is beyond the juris-
diction of any United States district,
the criminal should be kept on board
until some United States port may be
reached, and should be placed on trial
in the district where the first landing is
made. Should the vessel land at a for
eign port before proceeding to the United
States the matter Is brought before the
United States consul, and he directs the
arrest OF the criminal and his transpor-
tation to the United States for trial. This
rule is followed by all countries"
This ocean tragedy and the question
of the punishment OF the crew. recalls
tI,r eL Hi -A4. ~ -t,t
Brown and the trial in Philadelphia Of
Capt. Holmes in 1S41. The ship sank OF
Nova Scotia in March of that year and
the passengers and crew overloaded the
boats. After drifting for several days
storm came up, making it evident that
the overloaded boat which Holmes COM
manded would be swamped and all lost.
Under these circumstances he gave the
order to tighten the boat. Twelve pas
sengers were thrown overheard. and two
sisters voluntarily jumped into the sea.
The remainder of the passengers in the
boat and the crew were saved and
brought to Philadelphia. Holmes was in
dicted and tried. In his defense the
above circumstances were shown and ad-
dttional evidence admitted that Holmes
was one of the most active in saving the
passengers and getting them into the
boat that at the risk Of his life he had
personally saved several. Nevertheless
Holmes was convicted. and the United
States court sustained the conviction, on
the ground that the contract of the SAIL
or bound him to use every means in his
power even to the sacrifice of his own
life. to deliver each passenger at the port
for which he shipped.
The point of jurisdiction was raised,
when It was held that the flag converted
the ship and her apparel, including the
boats. into national territory. As to acts
done In the waters Of the high seas, #
was further held that the contract con-
trolied as to the sailors. The court also
held that as to the same acts done be-
tween passengers on the high seas a dif-
ferent rule prevailed; in the absence OF
International law as to them they owed
no duty to one another; they were, from
The moment OF leaving the ship. remitted
to their natural rights. and the law of
'eif-preservation prevailed
Much sympathy throughout the country
was manifested for Holmes in this case
from its purely doctrinal law, and, its be-
ng case of first impression, his sem
Ience was commuted TO imprisonment.
AFTER eighteen months he was released.
but the principle that the sailor owed a
iuty TO Passengers. even to the sacrifice
't his own life. was established.