The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-14

AAlci TeildinlIS u all night the
jury in the case of l.. D. Royster,
charged with making an opportunity
to defraud the government. came into
court yesterday and said they could
not agree, and that there was no
probability of a verdict being reached.
A juror was withdrawn and a mis-
trial ordered. Registers attorneys
made a motion to remove the case to
Raleigh. but motion was over-ruled
n the case set for trial on wednes-
day Of h nex term of court.
The following order was made in
the Ease Of Peter Evans, charged
with ~"crimping," or in other words,
shipping a sailor and collecting a
portion of his pay in advance:
Defendant is indicted under Sec
ton 107 the Act OF Congress, Deem
Der 81. 1898, n convicted under
rule A. the court holding there was
no evidence which would warrant a
conviction under the other cunts in
the bill. The part of subsection A,
under which defendant is convicted
~ as lOllOWS.
"If any person shall demand or
receive, either. directly or indirectly,
from any seaman or other person
seeking employment as seaman or
from any person on his behalf and
remuneration whatever for providing
him with employment, he shall for
every such OffenSe be liable to d PEN
alfu of mot fhon ono IrIrlr rod
dollars Other sub-sections of the
act provide for fine and imprison-
ment, but the punctuation and power
Of the act seems to make the sub
section under which defendant is con-
victed independent of other provi-
siOns, SO that they cannot be read
into this subsection. Penal statutes
are strictly construed. From the
first part of this section makes other
acts a misdemeanor, but that provi-
sion would seem to exclude the con-
struction hat this is also a nnisde-
meanor Applying this rule the court
Ear only impose the penalty prescrib-
ed in subsection A. The statute
provides how penalties shall be re-
covered. The contention that the
jury returned a general verdict is
without force. for the court expressly
excluded from the consideration Of
the jury the other counts in the bill.
Motion in arrest of judgment over
ruled.
HI judgment Of the court is that
defendant pay a penalty of one hun
dred dollars and the cost But 1t is
held the court cannot imprison the
defendant for h non-payment of the
penalty and cost, there being no such
provision in the statute, the jurisdic-
ton and powers of this court being
strictly statutory. The judgment of
the court may be the basis of a civil
action. but the court cannot imprison
for a mere penalty. A conviction
under the other counts of the bill
would have justified Imprisonment,
such penalty being provided for in
the sections of the act under which
they are drawn, but there was no
evidence to support such conviction"
A n appeal was taken in this case
by District Attorney Skinner to the
United States Circuit Court Of APP
peals. Evans was placed under a
nominal bond of $50 for his appear
| ance at the next term of court.
This is the first case of the kind
ever tried In the state Of North Car
| DINA and this, of course. enc inter-
est to IN case. Evans was repre-
sented by Mr.. Brooke Empie n Mr..
! Woodus Kellum.
The docket in the Circuit court was
| called over and all Of the cases not
| heretofore disposed Of were contin-
ued. Court then adjourned for the
term.
Judge Purnell, District Attorney
| Skinner and Deputy Clerk George
| Green are spending the day on
| wrghtsville Beach and will leave for
their respective homes tomorrow.
| Mr.. Green is the popular and efficient
| clerk of the Federal court at New
| Bern and came here during this term
| on account of the illness of Mr.. w
| II. Shaw, the clerk at Wilmington
| When court convened 1t was thought
that all the cases would be disposed
| of by the middle Of the week., but
| cases kept accommodating until about
twice as many were on the docket
as were expected.
The next term of Federal court ir
Wilmington begins on h first Mon
| day in November.