Ex parte Sprout
U.S. Circuit Court for the District of District of Columbia
Habeas Corpus. It appeared by the return that they were committed by virtue of the following warrant: “Alexandria County — ss. You are required to receive into your jail and custody, Robert Sprout and Thomas Bailey, two sailors belonging to the ship Alexandria, Captain William Weston, they being charged for neglect of duty on board, rioting and threatening to take the life of their captain and mate contrary to law. Given under my hand this 14th day of July, 1807. A. Faw.
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Habeas Corpus. It appeared by the return that they were committed by virtue of the following warrant: “Alexandria County — ss. You are required to receive into your jail and custody, Robert Sprout and Thomas Bailey, two sailors belonging to the ship Alexandria, Captain William Weston, they being charged for neglect of duty on board, rioting and threatening to take the life of their captain and mate contrary to law. Given under my hand this 14th day of July, 1807. A. Faw. Captain James Campbell, Jailor.” Captain Weston appeared and prayed that they might be now committed, and grounded his…
1Opinion of the Court
THE COURT
discharged the prisoners on the ground of the defects in the warrant of commitment. It not being on oath, no time of imprisonment limited, and not UDder seal.
THE COURT refused to commit them again on the affidavit of the master, because they doubted whether the authority was not limited to a justice of the peace.
But THE COURT was clear that the voyage contracted for was not ended until the discharge of the cargo and ballast, if required.
2Cited by1 opinion
- Miles v. Gussin (In re Miles)District Court, District of Columbia · 1989