Evening journal., 1903-10-20
JURORS ABSENCE
DELAYS COURT
Arrived Fifty Minutes Late
and Is Held for Con-
tempt
SENTENCE IN THE CASE DEFERRED
Defense Opens in United States Court
in the Case Of Charles Harris, Char
les Nyberg and James symonds,
Charged With Mutiny.

When United States Court convened
this morning It was found upon count
ing noses that only eleven members Of
the jury were present. The absentee
was George c. Mason of North MUIR
derkill hundred. Deputy United States
Marshal Ralph Finn started out on a
hunt for the tardy Juror but returned
without him. Everyone who entered
the elevator was asked the question::
Are You Mason2"
the time set for the opening of court,
Mason arrived.
Juryman in Contempt.
After the tardy juror had taken his
seat Judge Bradford entered the court
room and seating himself addressed the
juror.
Mr.. Mason were you not aware that
court adjourned yesterday afternoon
until 10 o'clock this morning?"
Il misunderstood the time. 1 thought
the time set was IL O'clock" answered
the juror. aeN
Were there any other members OF
the jury who failed to understand the
time set for the opening of court this
morning" asked Judge Bradford, ad-
dressing the jury and all shook their
heads.
Il cannot accept the excuse you
offer and must hold you in contempt, "
said Judge Bradford. Il viii announce
the penalty later"
Yesterday afternoon the court hand
ed down a decision in effect against the
contention made by Judge Ball in be-
half of aHrris, Nyberg and Symonds.
that his clients were not legally mem
bers Of the crew on the yacht Roamer.
because they had signed no papers
upon engaging service with George B.
Campbell. the owner Of the vessel The
court held that while the law provides
that a seaman who is not legally signed
may quit the service OF the master al
any time, he must behave himself while
he is in service and is not an outlaw
though not subject to regulations as
other seamen. Such a man employed
under those conditions may leave tn,
service OF the master Of a vessel.a an,
I time but until he does leave he is per
forming maritime service.
When court ucunVened this morninl
United States District Attorney Curti
/ entered a nolle prosequi in the fourtl
count against the prisoners. which
charged them with wilfully disobeyinf
the orders of the master Of the vessel
The dropping of this count allows thre,
/ to remain. The first charges the de.
PENDANTS with conspiring to revolt and
usurp the command of the vessel anc
! the second and third for melting the
other members of the vessels crew to
disobeying commands given by the
master. In the second count Symonds
is also charged with-refusing to cook
when ordered to do so by the master
OF the vessel. Judge Ball asked the
court to charge the jury at once 10
bring in a verdict Of not guilty in this
last count, but the court declined to
grant the request.
Attorney Ball then announced that
he would make a defense and address,
/ ing the jury said he would prove that
| Charles Harris was captain Of the
Roamer and that the owner Of the ves-
sci employed him as SUCH He further
said he woie< prove that the defendants
did not violate any of the charges pre-
ferred against them. The first witness
called for the defense was Harris and
he was still on the stand when court
adjourned for a recess.