United States v. Small
U.S. Circuit Court for the District of Massachusetts
This was an indictment against' [Sanford Small] the mate of the ship Tigress for beating and wounding James Sweeney, one of the crew. There was also a count for an assault with a dangerous weapon. It appeared that Sweeney went on board the Tigress while lying at New Orleans, without the knowledge of the master, or either, of the officers; and there concealed himself until after the ship was at sea, bound for Boston.
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This was an indictment against' [Sanford Small] the mate of the ship Tigress for beating and wounding James Sweeney, one of the crew. There was also a count for an assault with a dangerous weapon. It appeared that Sweeney went on board the Tigress while lying at New Orleans, without the knowledge of the master, or either, of the officers; and there concealed himself until after the ship was at sea, bound for Boston. He then discovered himself, and the master ordered the mate to set him to work in tarring some of the rigging. While so employed, he neglected his work, and was insolent to the…
1Opinion of the Court
CURTIS, Circuit Justice.
To sustain the first count under the third section of the act of congress of March 3, 1835, (4 Stat 776), it is necessary for the government to prove that Sweeney was one of the crew of the Tigris. Upon the facts, which are admitted, my opinion is, he was not one of the crew. He was not on board under any contract to serve as a seaman, nor was he in fact a seaman. His presence there was a fraud, and if the master, from motives of humanity, chose to feed him, and at the same time, as a condition for his having food, required him to do such work as be was capable of…
2Cited by3 opinions
- In re the Estate of LobrascianoNew York Surrogate's Court · 1902
- In re the Estate of LogioratoNew York Surrogate's Court · 1901
- In re the Estate of ScutellaNew York Surrogate's Court · 1910