This is, the practice which
prevails of making strong appeals to the jury in mitigation of
damages, or to the judge, after a verdict has been rendered against
a captain or officer, for a lenient sentence, on the grounds of
their previous good character, and of their being poor, and having
friends and families depending upon them for support. These appeals
have been allowed a weight which is almost incredible, and which, I
think, works a greater hardship upon seamen than any one other thing
in the laws, or the execution of them. Notwithstanding every advantage
the captain has over the seaman in point of evidence, friends,
money, and able counsel, it becomes apparent that he must fail in
his defence. An appeal is then made to the jury, if it is a civil
action, or to the judge for a mitigated sentence, if it is a
criminal prosecution, on the two grounds I have mentioned. The same
form is usually gone through in every case. In the first place, as
to the previous good character of the party. Witnesses are brought
from the town in which he resides, to testify to his good character,
and to his unexceptionable conduct when on shore.
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