There Is, However, One Point Connected With The Administration Of
Justice To Seamen, To Which I Wish Seriously To Call The Attention
Of Those Interested In Their Behalf, And, If Possible, Also Of
Some Of Those Concerned In That Administration.
This is, the
practice which prevails of making strong appeals to the jury in
mitigation of damages, or to
The judge, after a verdict has been
rendered against a captain or officer, for a lenient sentence,
on the grounds of their previous good character, and of their
being poor, and having friends and families depending upon them
for support. These appeals have been allowed a weight which is
almost incredible, and which, I think, works a greater hardship
upon seamen than any one other thing in the laws, or the execution
of them. Notwithstanding every advantage the captain has over the
seaman in point of evidence, friends, money, and able counsel,
it becomes apparent that he must fail in his defence. An appeal
is then made to the jury, if it is a civil action, or to the judge
for a mitigated sentence, if it is a criminal prosecution, on the two
grounds I have mentioned. The same form is usually gone through in
every case. In the first place, as to the previous good character of
the party. Witnesses are brought from the town in which he resides,
to testify to his good character, and to his unexceptionable conduct
when on shore. They say that he is a good father, or husband, or son,
or neighbor, and that they never saw in him any signs of a cruel
or tyrannical disposition. I have even known evidence admitted
to show the character he bore when a boy at school. The owners
of the vessel, and other merchants, and perhaps the president of
the insurance company, are then introduced; and they testify to
his correct deportment, express their confidence in his honesty,
and say that they have never seen anything in his conduct to
justify a suspicion of his being capable of cruelty or tyranny.
This evidence is then put together, and great stress is laid upon
the extreme respectability of those who give it. They are the
companions and neighbors of the captain, it is said, - men who know
him in his business and domestic relations, and who knew him in
his early youth. They are also men of the highest standing in the
community, and who, as the captain's employers, must be supposed
to know his character. This testimony is then contrasted with
that of some half dozen obscure sailors, who, the counsel will
not forget to add, are exasperated against the captain because
he has found it necessary to punish them moderately, and who
have combined against him, and if they have not fabricated a
story entirely, have at least so exaggerated it, that little
confidence can be placed in it.
The next thing to be done is to show to the court and jury that the
captain is a poor man, and has a wife and family, or other friends,
depending upon him for support; that if he is fined, it will only be
taking bread from the mouths of the innocent and helpless, and laying
a burden upon them which their whole lives will not be able to work
off; and that if he is imprisoned, the confinement, to be sure,
he will have to bear, but the distress consequent upon the cutting
him off from his labor and means of earning his wages, will fall
upon a poor wife and helpless children, or upon an infirm parent.
These two topics, well put, and urged home earnestly, seldom fail
of their effect.
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