The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-16
FOUR MEN SENT TO OAHU PRISON
TODAY.
First Case of the Kind Here Under
American Law-severe Regulations
Provided by the Statutes.

The four sailors of the bark C. d.
Bryant. who were charged with refus-
ing and neglecting to work when the
vessel was burning at the wharf here
a few weeks ago, were all found guilty
this morning by a jury in United states
Judge Estee's court. All were SEN
fenced to- oahu, PRISON. This is the first
case of the kind ever tried here, un-
der the American statutes, and one of
very few such cases known to Ameri-
can law. The Juuge's charge TO the
jury, laying down the law as to the du-
Ties of Seamen, outlined statutes as Sc
we're as those under which number
of captains are now held. The law
SUBJECTS seamen TO conviction and
punishment tor simple dlsobedience or
Interpretation from drunkenness.
}. Reed and Ii. Schroeder were found
guilty of neglect of duty. Schroeder
was sentenced for three months and
Reed for ~ days. The latter was dealt
with leniently because he is a married
man. Schroeder is the man who was
SAID to have gone below just before the
hre, and there was a suspicion that he
had caused the blaze. F'orst and Han
son We're found guilty unuer the second
count in the presentment, of being un-
fit for duty by reason of drunkenness
They were sentenced to so days each.
gave the following instructions, as to
the duties of seamen:
This is a peculiar case because the
history OF the American marine shows
few II any cases where American sea-
men have left their snip in the presence
OF danger, and if you believe from the
evidence that the defendants wilfully
left the ship when on fire and thus
aDandoned it to it's fate, or left it so as
70
cause it was Sunday or because
they might not be paid for over
time, they are clearly guilty of the first
count in the presentment.
And If you believe the evidence
shows beyond a reasonable doubt that
these four defendants were DRUNK so
that. they did not appreciate or could
not by reason thereof, obey the lawful
orders of their superior, you will find
them guilty under the second count of
the presentment.
The defendants contracted to con-
duct themselves in an orderly, faithful,
honest and sober manner; and they and
each of them were bound by the terms
of that contrct. And when the ship is
in peril, either by fire while tied up
at the wharf in port, or at sea in a
storm, they and each of them were
bound to stay by her while the officers
remained and while there was no i'm
minent neril to life by so staying, 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 seaman 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 was in dire peril, that her captain
was seeking outside assistance to save
her; that all these men had contracted
| for the round voyage from San Fran.
| cisco, that not one of the defendants
was entitled to discharge, in this port
and that not one of the defendants had
the right or power to DISCHARGE him
| SELF that first among the duties of a
sailor drunk or sober is to stand by
his ship and this is as much his duty
while in port rs at sea.
! "The court further instructs you that
if from all the testimony you shall be-
lieve beyond a reasonable doubt that
| these defendants were either away from
the ship without permission or left the
ship during the fire without permission
or were incapable by reason of drunk
enness of obeying the lawful orders OF
the officers of the ship during the fire
| they are guilty"
| The following definition of drunken
ness was given at the request of the
defense:
drunkenness is that effect produced
on the mind, passion or body by intox-
icants taken into the system which sc
far change the normal condition as tc
materially disturb and impair the cap
acity for healthy rational action or con-
duct; which causes abnormal results OF
such as would not ensue in the absence
of intoxicants, and unless the evidence
! satisfies you beyond reasonable doubt
that each defendant was drunk as
aforesaid the charge of drunkenness
as to such defendant must be disre-
garded."
The men were prosecuted by J. J
Dunno, Acting United States District
Attorney and defended by Franz