The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-15
1 CASE OF ALLEGED BEsERnoH
FOUR SAILORS BEING TRIED BY
JURY IN THE UNITED
STATES COURT.
Captain And Chief omeer Testify
Shippers Theory Of origin Of
Fire-wanssd Seer While -sOx-
Was Burning.

The four sailors who refused tc
turn to and help extinguish the fire
aboard the bark c. D. Bryant in this
port on the It'll OF July last were on
trial By jury before Judge Estee in
the United States District Court yes
terday. the cases being called in the
morning and continuing into the az
ternoon.
The courtroom was filed with in
terested witnesses. the crowd being
made up mostly OF waterfront men
and captains of various vessels in the
harbor. many of them having been
present at the time OF the IRE aboard
the Bryant.
Magoon & Thompson represent the
interests of the sailors while Assist
ant United States District Attorney
J. J. Dunno conducts the case for the
Government.
Thompson entered a demurrer on
the ground that the information
against the sailors was faulty in that
it charged two separate and distinct
offenses. claiming that the present
ment charged desertion as well as
wilful disobedience of orders. accus-
ing the sailors of ofrenses under
Sections 1902 and 1896.
While this point was undergoing
argument the jurors were excused
until o'clock in the afternoon.
Mr.. Baird claimed that the alleged
second accusation was not enough to
constitute an accusation and Assist
ant District Attorney Dunno, who
drew the indictment. explained the
clauses which were objected to. de
claring that Section 1902 was so IN
definite in its statements that 1t was
necessary to give further history of
the alleged crime. under the rules of
the United States Supreme Court. in
order to make the indictment state
definitely what the crime charged was
Judge Estee decided to adjourn
court for a few hours. taking the
matter under advisement At the az
ternoon session the judge overruled
the demurrer. The selection OF tht
Jurors began at o'clock.
After the selection Of the jury tbs
case proceeded to trial. the following
constituting the jury: n. S. Pacheco
9 chas. Lucas. John Neill. G. w. Smith
]. W. Bergstrom. VIM. Mulch, Juliui
Asch. Otto Rose. A. C. Dowsett, "
H. Smith. Benz. C. Allen and F. Clay
Il Captain Colly. of the bark c. Z
Bryant. was first called to the Wit
ness stand. Assistant District Attor
ney Dunno examined him concernipi
the story of the fire and the behavio
Of the four sailors charged with Dc
& serting the vessel while her carg
5 was burning. Schroeder. Reed. Eros
!. and Hanson. who were ali in court
Captain Colly testified to bein
awakened about o'clock In III
morning OF the 9TH OF July last. b
: the carpenter OF the vessel. who il
5 formed him that the vessel was afr.
: The captain Immediately went o
! deck and told the mate. John Smitl
TO summon all hands on deck. to 81
TO work with the hose and to give tn
3 alarm Of Ere. He went into the his
B tory OF the fire from the time it va
I reported to him by the carpenter NJ
. I'll It was finally extinguished throug
; the efforts Of the tug Fearless and III
4 Ere department.
HI Captain Coily testified that the fou
men who we're in the courtroom ha
not lent hand In putting out n
| ere nor had they done any work o
| the vessel at al that morning The
had deserted the ship while she va
burning.
Have ron any idea how the ar
starteds~ asked Dunno.
My idea IS that one Of these fou
men went down below. forward. dal
Ing the night preceding the IN
preached the cargo and in some VA
? through earelessness win the Ugh
! not necessarily through spite s0war
me or the vessel. set IRE TO the ezrgs
noticed one of the men sitting o
the forward hatch about II o'cloc