Evening journal., 1914-01-07
SAILORS LOSE
ON MOTION TO
ACQUlT THEM
Defense in Mutiny CtSe Then
Presents Testimony to
Justify Action
TELL OF ALLEGED
BRUTALITIES AT SEA

When the case of the United States
Government against the thirteen mem.
bcrs of the bark Manga Rcva. who are
charged with inutny on the high seas
was called in the United States Court
yesterday afternoon, j. Frank Ball
counsel for the defendants, read authori-
ties in support OF his contention that
the men were not lawfully the crew of
the Manga Rcva. inasmuch as their ship
ping articles had not been legally exc
ntcd. District Attorney Nields read
from authority in similar case OF the
shipping articles not being produced in
which ease the court had ruled that the
fact that the men were shipped under
an American master was prma facic
evidence ;hat they comprised the crew
OF the vessel
In announcing his decision upon the
point raised by Mr.. Ball relative to the
shipping articles, Judge Bradford said:
There is not a contention that the
shipping articles are not ia their proper
form. There is no contention that they
do not contain everything the law re-
quies shipping articles TO contain
The court stated that the shipping
articles IN the case were properly signed
hut the fault evidently rested in the fact
that il was testified by the shipping
commissioner that portion of the con-
tents OF the shipping articles were not
read TO the men. and therefore these
men could not constitute the crew of
the Alaipa Reva. He stated that the
court IS unwilling TO assume the re-
sponsibility of assuming that this con-
tention is sound.
Judge Bradford declared that the
shipping articles, ON their face. contain
everything that ihc law requires. i'm
cludng the name of the ship. the name
OF the captain and the VOYAGE the ship
was TO make.
Judge Bradford further declared that
the provisions which had not been read
60 the men were precisely the provisions
that are specifically required by Con
gress for the benefit of the crew tie
declared The papers contain a precise
copy OF this law. and that the men had
a right TO presume that the papers con-
taincd those things which the act OF
Congress made compulsory.
He said there was not an allegation or
suggestion of fraud or misrcprc. .entation
but that objection had been made solely
ON the grounds that an the contents
were not read TO the men. The Judge
held that he did not believe it proper
that such contention could be used as
shield for a crime and said that he
could not uphold Mr. Balls contention
The court then oyerrulcd the motion to
instruct the jury TO return verdict of
not guilty.
Mr. Roll iho,, ,,,,.,,,..I tt - f H.
defense. He said TO the iurv that he
would try to prove tina; the sailors upon
the Manga Rcya had been treated In an
nhuman manner. tie said the modern
statutes of the United States compel a
captain oi a vessel TO treat hi. crew ll.,
human beings. Nj Bail said ii was
true that the law gave the mon redress
for amy III treatment. but that this did
not mean that any man. or set Of men
should wait until they arc almost dead
OF hunger or thirst before attempting
to have laws put in ,orcc
Mr.. Ball declared that master of "a
vessel registered in the United states.
is subject to The law. nf the United
states. and that should the master AT
tempt to exercise his arthoritN m a
manner likely TO ondangcr the sakct, ol
the vessel. the crow had ne right 10 do
what they did do attempt 10 get the
vessel To the nearest accessible port
whore they could get an authority ia
pass upon the question.
Mr.. Bali declared that this was the
motive that actuatcd the men. who did
not want Go wait until the end of their
four months voyage before seeking pro-
lection.
We will show that from the time The
vessel left Philadelphia until She reached
the Hrcakwatcr the first mate was in.
toNicaled declared Mr.. Ball. -Hc
cursed and abused the men outraecousiv.
lic pulled one oi the men ont OF his
hunk anu beat him. lie Knocked another
man down twice without any reason
other than TO satisfy the brutality of a
brutal man. ! will show that from the
time the vessel left the BrcakWatcr the
captain was intoxicated. He kept the
men without water and called them
and worse names This condition eN-
isted until the boat turned around and
headed fer the nearest port This mas
ter, Who looked so mld-mannercd when
he stood on the stand. cut down their
provisions and food allowed under the
shipping articles until they were almost
starved. Even this food which was cut
down WAS Of such a quality that il was
not tit for human being TO cat. H.
eur down the water allowance of the
crew 20 two gallons for twelve men for
a dav and a night"
Mr.. Ball further said that when the
men demonstrated with the mate be.
cause of bis Treatment OF them that the
latter met the men with curses and
abuses. and replied 'Nou don't know
the captain you are sailing UNDER
When they demonstrated with the cap.
tain. Mr.. Ball said the captain replied
i"lts good enough for YOU, YOU OF
. Wait until YOU gct around the
Horn and youI yet IL gocd and plenty
Mr.. Ball said the mon also had reason
To believe that the vessel was unsafe a.
the tcp eallan; mast WAS rotten. Be
lhe,ing the ship unsafe, tho men wished
To 20 TO the nearest port. There was nc
disposition 10 iniure any OF the officers.
Mr. Ball concluded his outline of th'
defense by saving that he would ask fol
lg verdict OF not guilty.
/ The first witness called by Mr. Bal
for the defense was John Shea. of New
b urk who said he WAS a mcrnbrr OF tht