Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-08-29

Boston. Aug. 2s-One the ground
that the United States is without
jurisdiction in the case. Z. S Com
missioner Hayes today refused to
issue warrants for the arrest of
seven men who last week attacked
the British rum schooner j. Scott
Hankenson off Rockport and shot
her skipper, Captain Arthur Moore,
and the cook. Harry Harm. The
Department Of Justice at Washing
ton has been asked for instructions.
The fact that the Kankenson is a
foreign vessel, flying the British
flag, and the men shot are both
British subjects has brought about
a complicated situation, according to
the commissioner. Federal officials
said tonight that the only procedure
by which the rum pirates can be
brought to Justice would be for
Great Britain to ask for their ar
rest and extradition. According to
these authorities. warrants for the
men ISSUED by a Rockport magis-
trate under Massachusetts jursdic-
ton are not ''alid.
The Hankenson was attacked, ac-
cording to Gloucester police by men,
beEs of a band which a month before
had looted a aCnadian rum ship of
$4,000 and escaped unscathed. On
the Hankenson they got nothing. as
the captain had placed his profits in
a Gloucester bank the day before the
the attack, was shot several times in
THO body Harms injuries were
minor. Carl Noss of Gloucester has
since been arrested charged with at
tempted murder in connection with
the raid and held in $4,000 bail for
hearing September 5. Other men
said by the police to be members OF
the pirate band are being sought.
When application for federal aid
was made today the L. S. Commits
sioner, after a long conference with
u. S. Attorney Robert 0. Harris ana
! his assistants, said that in his Opln-
ion this country was without ju"is-
diction Statements made later by
! Government officials were that no
| ohse of this kind has arisen since
| III who, the q. s. Supreme Court
! II an opinion writteL by Chief JUS
| tice John Marshall. held that rob-
berry at sea is no, piracy and that
persons arrested in sol 'ewhat sim
| liar capacity could not be punished
| by anv law of the United states.
| No statute has since been enacted
| that would alter the situation, 1t was
! said.
| Had the Hankenson been an Am
erican vessel. the problem would De
| greatly simplified, it was said, put
| the Supreme Court decision was heiu
to leave no where the vessel attack
ed is of foreign registry. The case
cited is the United States versus
| Palmer ct al, and arose in this state,
| John Palmer, Thomas Wilson ana
| Bonnie Callogen attacked an ltailan
vessel. the Industrial Rafael on the
high seas and stole 100000 in silver
| Gold and merchandise after over
towering the crew. They were
charged with piracy but ultimately
freed by the Supreme Court decls-
ion. which reads in part:
This court is of the opinion that
the crime of robbery committed on
the high seas on board any ship OF
vessel belonging exclusively TO SUD
iects of a foreign state on persons
Within such vessel is not plrac!
within the true intent and meanlni
of the act entitled, An act for the
punishment of certain crimes agalns'
| the United States, and Is not pun
| ishable in the courts Of the Cniteo
States"
! L. S. Attorney Harris tonight sem
| a resume of the case 10 W aShihS 'oh
with a request for instructions.