The Savannah morning news., 1901-11-16
AFTER MUTINEERS
REVENUE CUTTER HAMILTON'S
TRIP TO TYBEE ROADS.
ALLEGED MUTINY NOT FACT.
No EVIDENCE THAT THE MEN HAD
ATTEMPTED TO DESTROY PUMPS.

cutter Carried Officers of the Court
and Counsel to Where the Avery
Is Lying-No Evidence Secured to
support Charge of Destroying
DiaphrnGms of the Pumps Brought
Against the Seamen and They
Were Discharged by Commissioners
RyaIs-Case in Admiralty Stin Re-
mains to Be Determined.
Joseph Lake. Louis Eskeldsen and
John Walpen, three members of the
crew of the schooner Edward P. Ave-
~. were given hearing before United
states Commissioner Ryals yesterday
afternoon, on the charge of having
wilfully and maliciously damaged
parts of the vessels equipments. Otto
Krauss, the fourth seaman arrested on
this charge, is still in st. Joseph's In
Urinary, suffering with typhoid fever.
The most interesting feature of the
day in this case was the trip of the
revenue cutter Hamilton to Tybee
roads, where the Avery is now lying.
The Hamilton, which left her berth at
9 o'clock, carried Office Deputy Mar
shall F. B. Pearce, Mr.. G.. w. Beckett
and other interested parties to the
vessel for the purpose of making an
investigation of her condition, and see
ing if evidence tending to show the
guilt of the accused men could not be
found. Assistant District Attorney
Leaken was to be of the party, but
found he could not make the trip.
The specific offense alleged in the
warrant upon which the men had been
arrested was the puncturing of the
diaphragms of the vessels pumps,
while she was at sea. The puncturing
of the diaphragms had the effect of
rendering the pumps useless, and it
was because the vessel could not be
pumped out, after shipping some wa
ter in heavy weather encountered at
sea, that Capt. Cogswell was forced
to put into Tybee roads for repairs.
He wanted to replace the WORKOUT dia-
phragms with others, but when he had
cast anchor his crew refused to do any
further work and declined to put to
sea.
The trip of the Hamilton was I'M
productive of tangible results, if the
evidence adduced before the COM
ernoon is to be taken as a criterion.
Capt. Cogswell was the only witness
introduced by Assistant District At
torney Leaken, who appeared for the
government.
The witness testified that the dia-
phragms of the pumps had been pune
tured, not once only, but twice, while
the vessel was at sea and that it had
been necessary for him to put into the
NJ of Co ~af 70
anchor in Tybee roads, until he could
secure new diaphragms in the city.
There was nothing in his evidence,
however, to indicate that any particu-
lar one of the defendants had been
guilty of the offense charged or in
deed that the diaphragIns had been
punctured by any person whatever. The.
captain could give no direct evidence
on either of these points, and the ap
pearance of the diaphragms, which
were introduced in evidence, seemed
rather. to lead to the conclusion that
they had been worn out by the action
of the pumps.
No evidence was introduced on be-
half of the defendants and on the
showing made the commissioner direct
ed their discharge from custody. There
was nothing in the evidence to show
that the men had been violently muffin
Gus or that they had done anything
more than refuse to proceed to sea.
This they alleged to be because the YES
sci is in an unfit and unseaworthy con-
dtion.
The men have also filed with Com
missioner Ryals claims for the libel
of the Avery, on the ground that the
vessel owes them wages, which are I'M
paid. 1t is their contention that their
refusal to put to sea, because of the
Avery's unseaworthy condition. was
justified and that the master had no
right to discharge them on this ground
A survey of the vessel will be made
to-day and a further hearing will be
had before the commissioner. This will
be on the admiralty case growing out
of the claims for mariners wages
The three men arrested were given
their liberty at the conclusion of yes
terday's hearing, after having been in
Jail since Thursday afternoon. Krauss,
as has been stated. is still in st. JOS
eph's Infirmary. suffering with typhoid
fever.