United States v. Thompson
U.S. Circuit Court for the District of Massachusetts
Indictment for an endeavor on the high seas to commit a revolt on board of the ship Maine by the defendant [John M. Thompson], who was alleged to be a seaman on board; second count, for confining the master of the said ship; against the crimes act of 1790 (chapter 9, § 12). Plea, not guilty. At the trial it appeared in evidence, that the ship was a whale ship belonging to American citizens, and the defendant shipped as cooper for the voyage.
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Indictment for an endeavor on the high seas to commit a revolt on board of the ship Maine by the defendant [John M. Thompson], who was alleged to be a seaman on board; second count, for confining the master of the said ship; against the crimes act of 1790 (chapter 9, § 12). Plea, not guilty. At the trial it appeared in evidence, that the ship was a whale ship belonging to American citizens, and the defendant shipped as cooper for the voyage. It appeared by the shipping articles signed by the defendant, that the agreement was between the “owners, master, and mariners of the ship.” It began by…
1Opinion of the Court
STORY, Circuit Justice.
As to the first objection, it appears to us wholly unfounded. A “cooper” is a seaman in contemplation of law, although he has peculiar duties on board of the ship. He is so treated in the shipping articles; and he is, like common seamen, bound to do ordinary ship’s duty, such as standing watch, assisting in navigation, handing sails, &c. He receives an extraordinary compensation for his duties as cooper, not as superseding but as adding to the common seaman’s duties. A cook and steward are seamen in the sense of the maritime law, although they have peculiar duties…
2Cited by11 opinions
- McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
- The Buena VenturaDistrict Court, S.D. New York · 1916
- Hamilton v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- Woods Bros. Construction Co. v. Iowa Unemployment Compensation CommissionSupreme Court of Iowa · 1941
- Kerr v. ShineCourt of Appeals for the Ninth Circuit · 1905
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