The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-02-09

was the document oountsrsigned by the
that they had signed this articles after
they were read to them by the consul.
The men say the articles were never read
10 them, but that the captain had agreed
to ship them for the voyage only. This,
the captain of the bark denied on the
witness stand.
When the bark got to Portland five OF
these men walked over the side, leaving
their clothing behind. They say that the
captain told them to 20. but the captain
said be did no such thing. There was
evidence In the case from boarding house
keepers, Hebrew olothiers and men who
hang about the docks that the captain
had said that he wanted to get rid Of
these men, but the SO stories the captain
denies. At am rate the men left the
ship, but thsy get only 81 each from the
captain and some more money was due
them. They put their case in the hands
Of d. A. Meaher. who ott.insd libel
on the ship and ste was feize1 BY the
United States marshal and the captain
forced to give a bond pending the settle
ment of the claim. The captain, through
the British vice-copsul, at once petitiorei
the court for the arrest of the sIilors as
deserters under the treaty laws between
tie United States ami Great Britain.
TIE men were arrested on this complaint
and Mr.. Neal er after q herring last Sat
urdsy ct which tire men we've adjudgei
guilty by Comm s,ior er Bradley. institut-
ed hste,s corpus proceedings as result
Of which Judge Putnam in tie United
States circuit court yesterday orde.ei the
men discharged from custody.
Mr.. Neaher's application for hatess
corpus YVES made on teyeral grounds.
first, that tie application, was to com
missioner Of tie u. S.circult court, which
office was abolished in 1897. Se,ond, te-
oaufe 1t was not alleged In any part of
the application that the men were de-
serters. Third, because 1t was not alleged
that the log book and shipping articles
showed that they were members Of the
crew Of the vessel and had deserted there
from. Fourth, because 1t did not allege
that they were not American ssamen.
Fifth, because there was no application
made to q com missioner as contemplated
In the treaty of 1899 between the Unit
ed States and Great Britain and U. S.
statute $3.50.
As soon as the men were set free they
were rearrested and taken at once before
Commissioner Bradley. The complaint
was made out with view Of avoiding
the mistakes that had occurred In the
previous proceedings.
Before Comm issioner Bradley Mr..
Meahsr was again counsel for the men
and the district attorney appeared against
th.m.
The hsarin was a long one and the
men one after another told their stories.
Then the captain told his story deny ing
In toto all that the men had said and
this was all the evidence the district at
tornsy put into the case yesterday MIR.
Meaher made long argument In which
he said that the captain of the bark
wanted to get rid of these men, had
planned to have them lured on the ship
by boarding house keepers because he
id not want them and had then accused
them of dessrtion. lie pictured the for
lorn condition of these sailors without
friends OF money, In q foreign port with
out knowledge of Its Ian guage. being
forosd back into service they disliked
on the evidence of one man. the master
Of the bark, who was given the power
Of compelling these men to return TO his
ship by the treaty laws with Great Brit
ain.
The district attorneys argument was
brief. but to the point.
Commissioners Bradley reserved his do
ci IN until about 10 O'Clock when he ad-
judged the men guilty of desertion from
the bark and ordered them returned to
custody to await the demand Of the Brit
| fah vsce-consul. re IL