The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-12-16
Sailors NOT SRANdlI[O.
COURT RnFUsns TnnM DAAfA0ns
IN a SENSATIONAL SUIT.
Charges Of Brown, Lunaeuist ana
neock Against Capt. lxillnan, Of
Schooner Lyman d. Foster Not
Sustained - No Fraud shown.

4 tN i.ll ali I
The sensational damage suit In admiralty.
brought by three Seattle seafaring men
against the schooner Lyman d. Foster
and her master. Capt. d. Kf1lman. In which
lurid allegations Of kidnapping, or. In sailor
parlance. ''shanshaiing." were made. was
yesterday decided by Judge Hanford, Of the
Federal court, adversely 10 the libelants.
The court holds that while the ship
ping articles were not signed In complete
accordance with the law, the three sea-
men did not sign them under duress. or
through fraud, and having been well treat
ed while aboard the schooner. are not en-
titled to damages. On the other hand, no
allows them. in view Of the fact that they
were carried to sea against their will.
wages for the voyage 80 per cent. greater
than the then prevailing rate.
The seamen who brought the suit against
the schooner and her master were D. Me-
Lean Brown, Martin #. Lundquist ana
Of the present year they were Piled with
liquor by certain sailors boarding house
runners, or "crimps," taken to Port TOWN.
send at night. placed aboard the schooner
and compelled to sign shipping articles for
voyage to Newchwang. China. The next
morning. they alleged. the schooner put
to sea, Capt. Ki,lman turning a deaf ear
to their protests and demands to be set
ashore, driving them down below at the
muzzle OF q Winchester rife.
The vessel returned from the voyage in
September. Her owners then rendered the
three seamen wages at the rate of go =
month, as provided for in the shipping arti.
Giles. but the money was refused and suit
begun for wages and damages OF $500 each.
The men claimed they underwent great
suffering during the voyage by reason
OF the fact that they were taken to ses
without bed clothing or suitable wearing
apparel.
Judge Hanford's decision IL substantially
as follows:
find from ne evidence that the Hbelants in
this case were not shsnshaied In the sense Il
being taken on board the ship By force. or when
board by false and fraudulent Misrepresentation
On. the contrary. they are men Of intelligence
about the world to know how to take care q
themselves AZ the time Of going aboard they
a,a In s fact nncr wh.. their 5hts vsrs and
faculties and physical powers
They sailors and went voluntarily from
Seattle to Port Townsend to obtain employ.
ment and went aboard tho vessel and there IN
presence q the captain and the deputy United
articles for q foreign voyage.
According to tho testimony Of The libelant,
Brown. there was nothing said to him by the
Capt. Killman. or the first or second mate. o.
the deputy shipping commissioner. Mr.. Tweedie.
except he was spoken to somewhat roughly and
told Whist TO do in . threatenins tome When
&. n.s y hi: :0nsy Il t ssl why r. as
. sign ! nishs got = licking. and might have to
According 70 their testimony the other libel.
They wore not deceived nor subjected 70 force,
csnAe they saw men mem with clubs In their hands
when they were told to 20 into the cabin 10
sisn. An the libelants make the Ridiculous
claim that before they signed they were fright
they uswiiiinsly signed and did 20 With a show
- -surlx Ill
commissioner Yet they aftsrward refused TO
obey tho mate and told the captain they would
not work and did not want to 20 aboard the
i reject the claim that these men were
shanshsied as being only shallow pretense and
less find that the proceedings in shipping tbs
men were irregular and contrary to the provis-
men should have been taken TO the shipping
commissioners office On shose and given an op-
aH nss rd $ &. O.
the commissioner in allowing himself to be
persuaded to go aboard the vessel instead Of
iibelants commenced to make trouble before
dissatisisd with the ship but because they knew
they had technical disadvantage by reason Of
the irregular manner IN , which me contract vas
unfairly in accepting employment and then at
tempting to withdraw from IL without cause. but
It unlawful for the captain to carry them
to sea without the articles having been executed
~ intended by law.
The libelants were well treated on the voyage
and have no grounds for claiming damages ex-
cept the technical infraction OF the law in de-
tanning them aboard ship The articles speci,
fed wages at $40 month, then the going rate
for foreign voyages. Wages in the coasting
trade at the same time were $40 a month. The
hbelanta are entitled to their wages and soma
compensation for loss Of liberty, but trick such
ms. they played upon the captain should not he
the basis Of large award of damages, which
might encourage such practices.
Considering all the circumstances, award to
each Of the lbclants as full compensation for
services and for being carried away against their
will without proper shipping articles. $50
month for five months and fourteen days, from
which will be deducted payments heretofore made
them