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Sign up freeThe Litchfield County Post
Litchfield, Litchfield County, Connecticut
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In New York's Marine Court, sailor John Hudson sued Captain James M. French and mates James Anderson and John Russel for assault and battery aboard the ship Great Britain during its voyage to Liverpool. Hudson was whipped 29 lashes for swearing. The court ruled in favor of the captain, praising the anti-swearing regulation.
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This was an action of assault and battery committed on board the Am. ship Gt. Britain on her last voyage from New-York to Liverpool and back, of which French was captain and the other defendants mates.
It came on to be tried before Mr. Justice Schiefflin, one of the justices of the Marine Court, on the 2d of Sept, inst.
It was proved by the witnesses for the plaintiff, that, when this voyage commenced, certain "regulations were read to the plaintiff and the rest of the crew—among which was one threatening punishment to any one who should "swear" while on board the vessel.
That the captain, under pretence that the plaintiff had violated this regulation, caused him to be tied up, and had 29 lashes inflicted on his back and loins with great severity—that the sailor had nothing on at the time but his shirt, and was considerably bruised and hurt, so much so that blood was drawn, and he was scarcely able to work.
On the part of the captain, it was proved the sailor was in the habit of swearing; that it was sometimes blasphemy; that the Capt. cautioned him against the consequences, and on the morning alluded to had him whipped for his bad conduct; that when the whipping had terminated, he told him to let him know by 8 o'clock the next morning if he had made up his mind to reform, and if he did not he would give him a further flogging—he came to the captain the next morning, and promised to reform, and therefore was not again whipped.
The Court gave a verdict for the captain: at the same time saying, the regulation was salutary and praiseworthy, and the captain justified in punishing for its infraction; that they regretted it was not more generally adopted—and, at all events adhered to by the Captains themselves.
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Domestic News Details
Primary Location
New York
Event Date
2d Of Sept, Inst.
Key Persons
Outcome
verdict for the captain; plaintiff whipped 29 lashes, bruised with blood drawn, but promised to reform and avoided further punishment.
Event Details
John Hudson sued Captain French and mates Anderson and Russel for assault and battery aboard the ship Great Britain during its voyage from New-York to Liverpool and back. Crew regulations prohibited swearing, punishable by flogging. Hudson was tied up and lashed 29 times severely for violating it, wearing only a shirt, causing bruises and blood. Defense proved Hudson's habitual swearing, including blasphemy; captain warned him and whipped for bad conduct, but spared further after reform promise. Court upheld regulation as salutary and justified the punishment.