The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-17
FOUND SIX
v[RD|CTS
-Four Sailors of the:
Bryant Often
Convicted.
JURY WAS SENT
OUT THREE TIMES
Stern Justice Dealt by Judge Estee
to the Deserving Seamen.
Jury's Hard Time.

Six different verdicts of guilty were
brought in by the Federal Court jury
yesterday morning before one was OBJ
tanned which was sufficient for the corr
viction of the four sailors of the Bry-
ant. After having considered the cases
for third time the jury returned a
verdict of guilty on separate charges
in the information, and the prisoners
waving time of sentence We're ordered
imprisoned for the following terms by
Judge Estee: Hanson and Forst sixty
days each; Reed, thirty days, and
Schroeder, three months.
Immedia tely after court convened the
refused to take into consideration va
! rious instructions offered by defend
ants attorney, F. f. Thompson, or
those offered by Mr.. Dunno on behalf
instructions rendered were included in
the courts presentation to the jury,
which was in part as follows:
This is a peculiar case because the
. history of the American marine shows
few if any cases where American seamen
| have left their ship in the presence of
danger, and if you believe from the evil
dence that the defendants left the ship
j when on fire and thus abandoned it to its
fate, or left it so as to avoid performing
service either because it was Sunday or
1 because they might not be paid for over
time, they clearly guilty of the first
| count in the presentment
'And if you believe the evidence shows
beyond a reasonable doubt that these
i four defendants We're drunk SO that they
] did not appreciate or could not by reas-
/ son thereof, obey the lawful orders of
their superior, you will find them guilty
under the second count of the present
ment.
"The defendants contracted to conduct
!. themselves in an orderly, faithful. hon
est and sober manner: and they and each
of them were bound by the terms of that
cnoIract. And when the ship is in peril,
either by fire when tied up at the wharf,
or at sea in a storm, they and each of
them We're bound to stay with her while
the officers remained and while there
was no imminent peril to life by so stay
ing, which conditions do not appear in
this case.
1T is unlawful without orders for an
American seaman to leave his ship while
it is in peril and it is not left to the sea-
man to choose when he can come or
when he can go. The captain of the
ship is its master and his orders are to
be obeyed and these seamen, if they did
leave had no right to do so without his
order or consent.
! | In arriving at a verdict, gentlemen OF
the jury, you are to remember that it is
in proof and not denied that this ship
Z was in dire peril, that her captain was
{ seeking outside assistance to save her
! that all these men had contracted fol
+ the round voyage from San Francisco
7 that not one of the defendants was en-
titled to discharge in this port and that
: not one of the defendants had the right
or power to discharge himself; that first
? among the duties of sailor drunk OF
Z sober, is to stand by his ship and this
Z is as much his duty while in port as al
) sea.
: oThe court further instructs you thai
7 if from all the testimony you shall be,
lieve beyond a reasonable doubht that
! these defendants were either away from
= the ship without permission or left the
: ship during the fire without permission
or We're incapable by reason of drunk.
enness of obeying the lawful orders OF
! the officers of the ship during the fire
! they are guilty
TTie following instruction as to drunk
Z enness was given at the request of the
Z defense:
drunkenness is that effect produced
= on the mind passion or body by intoxi
cants taken into the system which 81
Z far change the normal condition as t.
! materially disturb and impair the ca
pacity for healthy rational action or con
= duct; which causes abnormal results O.
I such as would not ensue in the absenc,
Z of intoxicants, and unless the evidenc
J. satisfies you beyond a reasonable doub
= that each defendant was drunk as afore
2 said the charge of drunkenness as t,
such defendant bust be disregarded.
- The court gave the jury typewritteI
forms of verdicts which were to be
guidance to them in making out tn
verdict they wished to return Instea
lie Of that it was found upon their retur
20 to the court room that these blank
10 had been filled in by the jury, and al
three verdicts were presented to tn
- clerk, who read them. They found tn
s defendants guilty: Hanson and Fors
,e on the second count alleging negleC
ot of duty due to drunkenness, and Rec
I'd and Schroeder for neglect of duty. hold
n ing them innocent of the second coun
= The four men were separated in pair:
in the three verdicts returned, the thir
- one referring to the same charge TIL
- attorneys and court agreed that tn
n verdicts were too ambiguous for inter
ne probation and Judge Estee sent tn
Jury to their room again with nstruc
Id lions to simplify the verdict, and re
turn but one. They returned for sec
4 ond time and again brought in tw
u separate verdicts. finding Forst an
, Hanson guilty in one and Reed an
Schroeder guilty in the second.
Again the findings of the jury wer
considered unsatisfactory. and TIL
time United States Attorney Bair
re-wrote the verdict. in accordance wit
4 the finding of the jury, which wa