Fee said he replied to the captain, "that that was not his fault; that he had a writ of arrest, and advised him to secure some person to accompany him and go surety for his appearance in court, thereby avoiding being locked up." Constable Fee also admitted that his attention was called to its being a foreign steamer, and of the Norway flag flying at the stern of the steamer. It also appeared upon the face of the writ that it came from the office of Lawyer Moses S. Case, 28 School street. Upon investigation it appeared that his office was 82 Water street, and that he was absent from the State, so that it was impossible to interview him in regard to the matter, as he would not return to Boston until the middle of August. Subsequently the witnesses to the transaction on board the steamer were interviewed and affidavits procured from them. Upon comparison of Exhibits B and C it appears by Exhibit B that a man claiming to be a lawyer, named Emery, came on board the vessel and inquired for Captain Tellefsen, and Mr. Rolfe went with him to said captain and heard the conversation between the captain and the party with reference to the wages due Neils C. Johnson. At that time the captain informed the party that the men would be paid off at 5 p. m., as he had informed them, and also notified the person that he had no right to interfere in the matter, as it was a foreign ship, but that the Norwegian consul was the authority to settle such matters, and thereupon ordered the person claiming to be Emery from the vessel. At this time it was 1 o'clock p. m., only a short time having elapsed, as shown by Exhibit C, when Neils C. Johnson had requested a payment of $5 on account, thereby showing, in all probability, that the writ had not been made out, but that notice had been served upon them that the account would be settled as had been promised said Neils C. Johnson. Upon investigation it appears that the party who first interviewed the captain, as a matter of fact, was J. H. Lovering, a partner of Emery, instead of Emery, as represented to the captain. It also appears from Exhibit B that some two hours and a half later the constable appeared on board with the writ, at which time the captain notified the constable that said Johnson's account and money were ready, but at the same time denied the right of the constable to interfere in the matter, claiming that his ship was foreign ground and the only one having any right or authority to settle the matter was the Norwegian consul. further explanation, I refer you to Exhibits D, E, F, G, H, I. For Exhibit G being a translation of said Johnson's account with steamer Albert. Exhibit H, a certified copy of the constable's receipt for moneys received from said Captain Tellefsen in settlement of said Johnson's account. Exhibit I, being an original permit given to Captain Tellefsen by the consul, authorizing the payment of said Johnson's wages. Upon investigation I have ascertained that Consul Lootz, of Boston, is instructed by his Government that all Norwegian sailors or crews shall be paid their wages in his presence. But in the case of fruit steamers who carry perishable goods, recognizing the fact that in their particular case it would be a hardship, they are authorized to pay the crews by a permit from the consul, which in this instance had been procured so as to pay said Johnson at the time agreed upon. I desire to express my appreciation for the able assistance rendered by my brother officer, Isaac S. Mullen, during my entire investigation of the above matter. Respectfully submitted. EXHIBIT A. JOPHANUS H. WHITNEY, COMMONWEALTH OF MASSACHUSETTS, Suffolk, 88: To the sheriff of our county of Suffolk, or his deputy, or any constable of the city of Boston, within our said county, greeting: We command you to attach the goods or estate of Tellefsen, master of steamship Albert of said Boston commorant, to the value of one hundred dollars; and for want thereof, to take the body of him the said defendant (if he may be found in your precinct) and him safely keep, so that he may be had before our justices of the munici pal court of the city of Boston, to be holden at said Boston, within said county of Suffolk, for civil business, on Saturday, the twenty-third day of July current, at nine of the clock in the forenoon; then and there to answer to Nels C. Johnson, of said Boston, in an action of contract. PLFFS. DECLARATION. And the plaintiff says the defendant owes him $22.17, according to the account hereto annexed. By his atty. [L. 8.] MOSES S. CASE. Capt. Tellefsen to Nels C. Johnson, dr. To 35 days' work on board S. 8. Albert, at $25 per month. Credit by cash... .... $29. 17 7.00 22.17 To the damage of said plaintiff (as he says) the sum of one hundred dollars, s shall then and there appear, with other due damages. And have you there this writ with your doings therein. Witness, William E. Parmenter, esquire, at Boston, aforesaid, the sixteenth day of July, in the year of our Lord one thousand eight hundred and ninety-two. Affidavit of arrest. JOHN F. BROWN, Clerk. COMMONWEALTH of MassachUSETTS, Suffolk, 88 : BOSTON, July 16, 1892. I, Wilson S. Emery, in behalf of the plaintiff named in the annexed writ, do on oath declare that the plaintiff has a good cause of action against the defendant, Tellefsen, therein named, and a reasonable expectation of recovering a sum amounting to twenty dollars, exclusive of all costs which have accrued in any formed action; and that I believe, and have reason to believe, that Tellefsen, the said defendant, has property, not exempt from being taken on execution, which he does not intend to apply to the payment of the plaintiff's action; and that I believe, and have reason to believe, that he intends to leave the State, so that execution, if obtained, can not be served upon him. COMMONWEALTH OF MASSACHUSETTS, Suffolk, 88: WILSON 8. EMERY. BOSTON, July 16, 1892. Personally appeared the above-named Wilson S. Emery before me, and made oath to the truth of the above affidavit by him subscribed; and I certify that after due hearing upon the evidence I am satisfied the same is true. And satisfactory cause having been shown, I authorize the arrest of the said Tellefsen, the said defendant, if his arrest is authorized by law to be made after EDWARD J. JONES, Master in Chancery. sunset. OFFICER'S RETURN. SUFFOLK, #: BOSTON, July 16, 1892. By virtue of this writ, I this day arrested the within-named defendant, Tellefsen, master of the steamship Albert, as within described, and afterwards on the same day said defendant paid me the amount of the within claim and costs, whereupon I released him from arrest. COMMONWEALTH OF MASSACHUSETTS, Suffolk, 88: I hereby certify that this is a true copy of the writ, the officer's return on the back thereof, the affidavit of plff., and certification of Edward J. Jones, esq., and master in chancery, in the action of Johnson vs. Tellefsen, which was made returnable to the municipal court of the city of Boston on the 23rd day of July, A. D. 1892, and is now on file in said court with the nonentries of that date. Attest: OSCAR F. TIMLIN, Asst. Clerk of said Court. EXHIBIT B. WILLIARD G. ROLFE, being duly sworn, said: That on the 16th of July, 1892, about the hour of 1 o'clock or thereabouts, a person claiming to be a lawyer and named Emery came on board the steamer Albert, belonging to Bergen, Norway, and commanded by Capt. B. Tellefsen, and asked for the captain. We both went into the cabin and he, the said Emery, had some talk with the said captain in regard to the wages of two men. The captain replied to him that the money was there and the men would be paid at 5 o'clock that afternoon, as he had promised them. The captain told the said Emery that this is Norway ground and you have no right to come on board my vessel to collect pay for sailors' wages, and at the same time ordered the said Emery ashore. The vessel was then lying alongside the wharf discharging her cargo. The said Emery in demanding pay remarked: "We will see whether you will pay it or not." The said Emery and myself then left the captain and went ashore. My attention was called to a wrangle between 3 and 4 o'clock between the said Captain Tellefsen and a party who claimed to be a constable, accompanied by an assistant. I asked the captain what the trouble was, and the captain told us that they had come to arrest him. At this time the constable and assistant was endeavoring to put the twisters on him (the captain) and trying to force him ashore. I asked, "What is the trouble?" The captain replied, "They are trying to arrest me and take me ashore." I then asked the constable for his authority, and he ther showed me the writ, which I explained to the captain. About this time the cap tain notified the constable that his steamer was a Norwegian steamer, and that he was exempt from arrest on that account. I then explained to the captain that the party claimed to be a constable and that he undoubtedly was such. At that time the captain had called upon his crew to protect him. There was also a party pres ent who called the constable's attention to the Norwegian flag flying at the stern of the said steamer Albert. We then retired to the cabin. The captain was informed by the constable, as he had the writ placed in his possession, that it was his duty to either collect the debt or take the captain's body, then you can furnish surety for his appearance at court. I then advised the captain to pay the amount in question under protest, and then he could secure his redress afterwards, and avoid all trouble and excitement at the present time. While in the cabin, the constable was also again notified that it was a foreign vessel, sailing under foreign colors, and that he had no right to make the arrest or take the money. From advice given the captain he concluded to pay the amount of the writ and cost, and did so, taking a receipt from the constable, whose name was Peter P. Fee. During the conversation, the said Fee informed Captain Tellefsen that he (Fee) was under bonds to the city of Boston for the proper discharge of his duties, and if said Fee committed an illegal arrest he could secure his redress later on said bond. COMMONWEALTH OF MASSACHUSETTS, 88: WILLIARD G. ROLFE. BOSTON, August 2, 1892. Then personally appeared the above-named Williard F. Rolfe, who made oath to the foregoing statement, which he carefully read, and to which he subscribed before me. ISAAC S. MULLEN, Justice of the Peace. EXHIBIT C. HENRY ANDERSON, being duly sworn, said: That on the 16th of July, 1892, about noon of the said day, he went on board of the steamer Albert, Captain Tellefsen commanding, and said steamer hailing from Bergen, Norway, and while taking lunch with the said captain in the cabin of said steamer Albert, Neils C. Johnson, one of the said steamer's crew, came to the cabin and requested the captain to pay him the wages due him; that he wished to take the 3 o'clock train for New York. The captain, in reply, declined to pay him at that time, as he wished to finish his lunch and then have an opportunity to look over his accounts with him so as to ascertain the amount due him. The said Johnson then retired from the cabin. In a few minutes he again returned and asked for $5 on account, which the captain paid him immediately. At that time I suggested to him, Johnson, to wait and have a settlement and take the 6 o'clock train at night and get in New York in the morning. But he declined, saying that he wanted to be in New York that evening at 9 o'clock. During both times that he, Johnson, came to the cabin everything was pleasant and agreeable between both parties. I then left the steamer, at which time the captain asked me to return again at 3 o'clock and have some coffee with him. I did return at 3 o'clock 15 minutes and took coffee with him. At this time the captain informed me that a man purporting to be a lawyer came aboard of the steamer and demanded Neils C. Johnson's wages. The captain informed the lawyer that he had no right to come on board a Norwegian steamer and collect wages from any of the crew, and thereupon ordered him, the said lawyer, ashore. The lawyer complied with the captain's request. After staying with the captain a short time, I left the steamer and went ashore. Between one and two hours after leaving the steamer a man came to me and told me that they were trying to arrest Captain Tellefsen, of the steamer Albert. I immediately proceeded to the steamer Albert and there saw a person claiming to be a constable having the captain (Tellefsen) under arrest, said constable having a pair of twisters upon the wrist of the captain, whose hand or wrist was badly lacerated and bleeding profusely. At this time the only clothing the captain had on was a shirt and a pair of pants. At this time the said constable had the said captain close to the rail nearest the wharf where the said steamer Albert was lying and endeavoring to get the said Captain Tellefsen ashore. When the captain first saw me he requested me to be a witness to the transaction, and I replied, "Yes." I then said to the constable, "Excuse me; you do not know what you are doing. You are on Norwegian ground. Don't you see the Norwegian flag flying over the stern of this steamer?" The constable replied to me, "I know what I am doing. I know the law. I am a State constable. I know what I am doing." I then replied, "I do not think you do." The captain requested the constable to take the twisters off of his wrist and they would retire to the cabin. The constable declined to take off the twisters, but consented to go to the cabin with him, if he, the captain, would pay him after entering the cabin, still refusing to take off the twisters until he had received his money. While in the cabin the constable requested his assistant to go ashore and ask the police officer to come on board the steamer and assist in taking Captain Tellefsen off the steamer. In the meantime, one Carl Anderson, clerk to the Norwegian consul, came into the cabin and informed the constable that he had no right to make an arrest, because this was a Norwegian steamer, and the only one who had any right to settle the difficulty was the Norwegian consul. He was repeatedly so notified that he, the constable, had no right to make such an arrest. The said constable replied, whenever he was told that he had no right, "that he knew what he was doing; that he was a State constable and he knew his business." During this struggle the money and accounts of the said Neils C. Johnson were lying on the table in the cabin, ready for the said Johnson at the time as specified to him by Captain Tellefsen, and the constable was so notified as to the agreement between the captain and the said Johnson. Also, during the struggle the said Neils C. Johnson was ou the wharf close by the steamer. The matter was finally settled by the constable being paid by the captain under protest, the constable agreeing to hold the money until the whole matter was satisfactorily adjusted. HENRY ANDERSON, Ship and Steamship Supplies, 58 Long Wharf. COMMONWEALTH OF MASSACHUSETTS, 88: Then personally appeared the above-named Henry Anderson, who made oath to the foregoing statement, which he carefully read and to which he subscribed before me. ISAAC S. MULLEN, Justice of the Peace. EXHIBIT D. CARL ANDERSON, being duly sworn, said: That upon information received by him on the 16th day of July, 1892, on or about the latter part of the afternoon of said 16th day of July, he immediately went on board the steamer Albert, hailing from Bergen, Norway, commanded by Capt. B. Tellefsen, and in the cabin of said steamer he found a person calling and claiming to be a constable, having a dispute with the said Captain Tellefsen in regard to his authority or right to arrest him for nonpayment of a sailor's wages then due Neils C. Johnson, one of the crew of said steamer. The captain informed me that about noon of that day the said Johnson had demanded his wages. The captain declined to pay him at that time, saying that he wished time enough to look up Johnson's account and ascertain the amount due him, and that he would pay him at 5 o'clock in the afternoon. The man Johnson seemed satisfied at that time, but returned a half an hour later, requesting the captain to pay him $5 on account, the captain complying with Johnson's request. During this conversation between the captain and myself the constable was present and heard the captain's explanation. After hearing the captain's statement I then said to the constable: "Don't you know that this is a Norwegian steamer, flying the Norwegian flag, and that there is a treaty between the two countries, and that no American officer has any right to go on board of such vessel to arrest the captain or any of the crew for a dispute for the amount of wages due one of the crew?" The constable replied to me "that he knew his business; that he was under bond." I replied to him that "I don't think you know your business, and that if you did you would not arrest the captain in violation of the treaty." I advised the captain not to pay the constable, because he had no legal right to collect the same, that the proper one to adjust the matter was the consul. Thereupon, the constable sent his assistant ashore to call upon one of the Boston police officers to come aboard the steamer, saying to the captain that he would arrest him if he did not pay the money due on the writ. Some one in the cabin suggested to the captain to give a bond. The captain declined to do so, saying he would pay the bill under protest, which he did, and that he would secure redress later on. When I entered the cabin, the captain was dressed only in a shirt and pair of pants and slippers; both hands were lacerated, the right hand considerably worse than the left hand. I repeatedly notified the constable that this was a Norwegian ship, and that he had no right to make any arrest. The constable's reply was that he knew his business and what he was doing. This reply was invariably made each time that I made the assertion in relation to this being a Norwegian ship. The captain explained to me in the presence of the constable that the money, together with the said Johnson's account, was all ready for him at the time he told him that it would be, at 5 o'clock, and that the account was lying upon the cabin table ready for settlement. CARL ANDERSON, Clerk for the firm of Gill & Lootz. BOSTON, August 3, 1892. COMMONWEALTH OF MASSACHUSETTS, Suffolk, 88: Appended statement of Carl Anderson, who said: That on the 18th of July, about 10 o'clock a. m. the captain came to the office of the consulate and showed me his bandaged hand and the marks upon his wrist from the effects produced by the twisters which had been placed upon him by the constable on the 16th of July on board of the steamer Albert. SUFFOLK, 88: CARL ANDERSON, Clerk for the firm of Gill & Lootz. BOSTON, August 5, 1892. Personally appeared the above-named Carl Anderson, who made oath to the foregoing appended statement, which he carefully read, and to which he subscribed before me. ISAAC S. MULLEN, Justice of the Peace. EXHIBIT E. CHARLES D. McINNIS, a police officer of the city of Boston, being duly sworn, said: That some person or persons, on or about July 16, 1892, while on duty on Long Wharf, being on special duty between 3 and 4 o'clock in the afternoon of said 16th day of July, requested me to go on board the steamer Albert, of Norway, commanded by Captain Tellefsen; that I was needed on board of said steamer, as there was a disturbance on board. I immediately went on board, and found two parties claim |