Dana, Richard Henry, 1815-1882; Sailors; Seafaring life; Voyages and travels
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.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account