Page:Federal Reporter, 1st Series, Volume 3.djvu/667

 660 fi'EDEBÀIi 'îtI!ï>ÔfiTEB. �great suffering, and ôridangering their Hves. If, under any circumstances, a court of adlmiralty would be justified in exonerating a crew from further service under their contract, it is difficult to imagine a case where more cogent reasons could be found for such action of the court than are here pre- sented, �It is claimed that the master treated bis crew witb cruelty and barshness, and that be assaulted one or more of them. It is sufScient to remark that the court does not find that the evidence sustains this charge. Another allegation is that the first mate abused the men, and that were they to remain on board in ail probability they would again be subject to like treatment from that officer. The evidence discloses that on one occasion the mate did strike witb a belaying pin one of the seamen on bis head, inflicting a serious wound on the man's scalp, and that at another time another of the crew was struck by bim with a bucket upon the shoulders. On both of these occasions the seamen were in fault, and merited moder- ate chastisement, but the court cannot justify the use of sucb instruments as the mate employed for tbis purpose. On botb occasions the master was on board, and be does not appear to bave taken any measures to restrain the mate's violence, altbougb be was aware of the quarrels. �From ail the testimony, I conclude that the mate is pas- sion ate, inclined to quarrel witb bis men, and ready to inflict punishment upon them, without mucb regard for the danger- ous nature of the instrument employed by bim, and that the master did not discbarge his duty to bis crew by proteeting them from sucb assaults. I fear the crew may well expect such treatment hereafter from the mate, in case of any mis- understanding between them, and that it is desirable that they should no longer be exposed to danger at bis handa ; but I bave grave doubts whether, from ail that appears in evi- dence as to the mate's misconduct, I should for that cause be justified in discharging the entire crew, even if I should release tbose who bave suffered from his assaults. I prefer to rest my decision upon the misconduct of the master in sail- ing from Gibraltar witb sucb great lack of the provisions ����