United States v. Ashton
U.S. Circuit Court for the District of Massachusetts
Indictment against the defendants [James Ashton and others] for an endeavor to commit a revolt on board the ship Merrimack, of Boston, on the high seas. Plea, not guilty. At the trial it appeared, that the ship sailed from Boston on Saturday, 23d of August, 1834, on a voyage to Rio Janeiro, under the command of Capt. Eldridge.
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Indictment against the defendants [James Ashton and others] for an endeavor to commit a revolt on board the ship Merrimack, of Boston, on the high seas. Plea, not guilty. At the trial it appeared, that the ship sailed from Boston on Saturday, 23d of August, 1834, on a voyage to Rio Janeiro, under the command of Capt. Eldridge. She was then in a leaky condition, and some efforts .¿jad been made by the captain to conceal the extent of the leakage from the crew at the time of their shipment and coming on board. The ship was twenty-nine years old. The crew, on discovering the leak, in going out…
1Opinion of the Court
STORY, Circuit Justice.
I do not think that the act for the government and regulation of seamen in the merchants’ service (Act 1790, e. ’56 [1 Story’s Laws, 102; 1 Stat. 131, c. 29]) has any bearing on the. present case. The third section of that act merely provides for the case, where the mate and a majority of the crew of a vessel bound on a foreign voyage, after the voyage is begun, and before the vessel shall have left the land, shall discover the vessel to be too leaky or otherwise unfit to proceed on the voyage; and under such circumstances it makes it the duty of the master to return to…
2Cited by24 opinions
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- State v. DianaCourt of Appeals of Washington · 1979
- McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.Court of Appeals for the Fifth Circuit · 2014
- United States v. SchoonCourt of Appeals for the Ninth Circuit · 1991
- City of St. Louis v. KlockerMissouri Court of Appeals · 1982
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