p.2 Police Court - Mr. C.F. Gildersleeve appeared to make a complaint on behalf of the American Consul at this port, and Capt. Dole, master of the schooner Advance of Chicago, against Henry Hackshaw and Daniel Barnes, sailors, for refusing to obey the orders of the captain and for committing an assault upon him.
David Dole - I am master of the schooner Advance. About 4 o'clock on Sunday morning I called the mate, Robert Evers, and told him to haul the vessel alongside the pier and make sail as the wind was fair. The vessel was lying at the elevator. The mate came down and told me that the men refused to work. I went on deck and told the prisoners to get ready, but they said they were a hand short, and refused to work till a man was got. I forbade them to go ashore, but they did so and got drunk. I went away and after some time procured a man. As I was returning between 6 and 7 to the vessel I met the steward, who complained that they had got drunk and broke into the cabin and destroyed some crockery. I went into the cabin and Hackshaw came down and caught me by the throat and said he would have my life if I wouldn't pay him his wages, and struck me several times; he tore my coat and shirt. The mate came down and between us we got him on deck. He came right back again, although I forbad him, and Barnes also came down and they both caught hold of me and told me to pay them. The latter held his fist as if to strike. I gave them 50 cents and got them to go on deck. I went ashore and Hackshaw followed me while Barnes called out to him to hold me. I went for the police who came and took them away. (The shipping articles signed at Chicago were produced, by which they were engaged for the round trip.)
Cross-examined by Mr. Macarow - I had five seamen when I left Chicago; one of them only agreed for the down trip. Four men is the complement of the vessel, which is of 220 tons. They made no complaint of the food till Sunday morning after they got drunk. The men had fresh beef nearly every day, ham and eggs, and the best of flour.
The mate was examined, who gave very similar testimony to the captain in reference to the assault.
The prisoners were convicted of both offences and fined $5 each or 10 days imprisonment for refusing to obey orders, and Hackshaw was fined $3 for the assault or 10 days imprisonment, and Barnes $1 or 5 days imprisonment.
The case was appealed against.
-launch of canal boat City of New York at Rochester; 93 x 17' 6 " x 11' 2", capacity 1850 barrels underdeck; largest boat ever baptized into Erie Canal.