The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-10-19
Six Sailors From the 0sceoIa are
Held as Witnesses.
Hearing Yesterday Before United
States Commissioner CoIIier-Num-
Der of Witnesses We're Examined.
Charge Against Captain Mclean is
for Violating Section 1855 of the
Revised Statutes Which Relates to
Harboring and OBTAINING Men Who
are Enlisted In the United States
Navy.

are ENLISTED In the United States
Navy.
The hearing in the case in which
Captain M. Mclean, of the British
steamship Osceola, is charged with
violating section 5,455 Of the revised
statutes of the United States, took
place before Commissioner Collier
yesterday and resulted in CAPTAIN
Mclean being bound over to the fed
eral court which convenes in VIII
mington Oh October 10Th. He was
placed under $1,000 bond and Mr..
James Sprunt, British ~vice-consul at
this point, became his bondsman. Six
sailors, four besides Flynn and Byrne,
are being held as witnesses.
At 1890 yesterday morning the
hearing was begun and several wit
nesses were examined but the hearing
was not concluded until in the after
noon. Captain Mclean being held
will be quite a hardship to him for
the vessel is here taking On a cargo
of cotton and 1T will be only a few
deys before she will sail, or at least
before the time she will be ready to
sail, but it is not known just what
will be done.
Joseph Flynn and John James Byrne
We're both put upon the witness stand
and they told the same story they had
told on two previous occasions.
A Dane by the name of Edward
Rasmussen, who is a fireman on the
vessel, testified that he heard Byrne
and Flynn claim that they belonged
on the Columbia and that he saw
them endeavOr to escape. He claimed
that he was also shanghaied but that
the same a did not bring him
aboard that carried Byrne and Flynn.
Herman Luche enlisted ON the Osce-
ola at Newport News but when he
reached this port managed to get off
on the point that an American sailor
cannot be held against his will by a
foreign vessel even though he sign up.
Luche claims hat while standing on
the wharf at Newport News a police
man spoke of there being a fight on
board the Osceola and said the men
seemed to be drunk. He said that
two of the men claimed to belong to
the United States navy but hat he
did not believe it. Luche said he
made the statement that he did not
believe the men belonged to the navy
for if such was the a the captain
would not dare hold an enlisted man.
Later when he had gone aboard the
Osceola he says he went forward and
saw Flynn and Byrne and they told
him they belonged on the Columbia
and that they had so informed the
master of the vessel. At the time he
says they had or clothes worn by
sailors of the United States navy. He
said he did not hear the men tell the
captain they were from the Columbia
| but did see them go to him and say
something and later they said they
We're telling him the second time that
they were enlistd men. Witness testi-
fed to seeing the captain give the
steward a bottle Of whiskey with in
structions to give it to the men
When he reached this port he claims
to have asked Captain Mclean to al
low him to go ashore to e either
the British consul or United States
commissioner and the request, ht
stated, a refused.
Captain Mclean went on the stand
and denied the reports of the witness
es who had preceded him, and stated
that all the men were sober when they
were taken aboard and were regularly
enlisted in the presence of the British
vice consul. When the vessel reached
I Newport News, he stated, that he dis
charged his crew according to agree
ment and hired a licensed boardin;
house keeper to get him a
Captain Mclean testified to HAVING
trouble in keeping the members OF tn
crew aboard and that he had to get
2 policeman to keep them aboard. Be
fore reaching Wilmington he said tn
steward came to him and stated tina
: there were two men On board who sal
? they belonged to the United State
navy and wanted to see him. He test
4 fed TO having instructed him to brini
the men into the cabin. When the
made their claim he told them tina
= they had signed articles aboard tn
Osceola and that a man had been pal
q for getting them. He denied usin
a any profanity.
! The men signed up as John O'Brie
= and Patrick Murphy.
Several other witnesses were exam
ined, including two or three sailor
6 from the Osceola- None of them ha
= heard Byrne and Flynn say anythin
about belonging to the United State
r navy.
Owing t several witnesses tn.
were desired not being In court, it WI
! decided to continue the hearing unit