Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-11-18
In,,,ortmnt Trial.


Belts and Thompson. John A. Morrill,, Esq. Tor The
deence VIM NJ. Price, Esq. for the prosecution
Captain Eben Farwell OF the Amcrlcan bro Ma
candy, was yesterday tined "a ihis court on M iholcs
ment Charging hm wiih inhicnag cruel and unussal
punishment on John Brown, the steward and COOK of
The said brig by which treatment II was alleged ne
caused or accelerated The death OF The said Brown.
The testimony given IN, on the part OF The prosecu-
ton comprised that OF four OF the sramen Of the brig,
and although there considerable discrepancy on
many points Of their evidence yet they al agreed that
The Captain had behaved with great severity, and ~
they said, cruelty towards me ccos com peloie hu
after he was taken SICK.
They stated that the brig Macandy efi this port
for vovag. 10 Figuera Portugal on the 22d 81 De
cember last Brown was bright mulatio nan-he
shipped as cook and sieward@he had never oetn =
sea before After they had been out al sea four or
FIVE DAYS there were several complaints made by The
men against Browns cooking. They SAID he spoiled
The vicuals--hs hair got into the food the men
could not eat his cookng-they preferred cooking ioI
themselves TIE captain told the cook that u he did
not keep his hair tied up he would have cul of AZ
this time the cook slept in the state room on deck.
After this he frequently fell down on deck,
and broke the tnmb ers and dishes. lhis was owing
10 his trowsers beng too long for hlm-hls shirt
sleeves were too long, and dragged repeatedly IN TIE
soup and other food The captain told bum that he
did not tie up his uowsers, &C., he would have them
cut H.
the cook was removed from his situation and the SUI
percargo and seamen cooked for themselves. The
cook did not seem 10 pay any attention 70 what me
captain told him. Capt Farwell then put hun IN me
long beat and kept him there nine or ten days. tie
also had his shirt sleeves cut oil az the ebow-and
his trousers cut Oft at the knee-and his har cut of
Two or three days after he was first put into The long
boat he was taken sck-he got worse ms legs
swelIed-hs boots were taken OFT with difficulty
Ultimately he was put into the forecase, where he
died seven or eight days after his removal from the
long boat. -
The captain attended on him during his last illness
l,a.. ANtn PM fl.4 -
he had repeatedly fogged him-two or three times
day-20 or 80 times in ail-had made him he himself
to the rgging-told HIM to tie himself mp IN order
that he might take hogging-sent HIM up TO The
main top mast and TO the man-top gallant mast 10
crease or slush after he was aiken SICK. When the
cook was sent ao he had his shirt sleeves and pan
falcons cut ofI--t was cold and sleety weather-bui
water did ne, freeze deck. Capt. Farwell also
made him work al TIE pumps after he was sick. One
seaman swore that the cook worked al the pamp the
morning he died but another seaman swore that n
did not leave his berth in the forecasle for two days
before he died After he was dead, the captain read
prayers over him, and he was thrown overooard
One seaman also swore that when the COOK was
made 10 work al the pumps he had shoes or stock
ings or boots, coat or hat ONT was cold weather
the crew had on very warm cloihlng-the man al
the wheel had on pea Jacket ana flushing trowsers
the cook had clothes on board but the captain
would not let him put them on. The cook was made
to take a turn at the wheel in light weather Ano-
Their witness deposed that the cook brought no
clOthing on DOaru Win II III.
This was the substance Of the testimony Tor the
prosecutions and several points, such as the nuHl-
Der of days that the cook remained IN the lung boat
forecaste &c. there was considerable discrepancy In
the statements ofthe four seamen but they all united
in charging the captain with lnfcting cruel and I'M
necessary punishment on Brown and they all agreed
that ne died 26 days after the ship was out.
For the defence, a witness testified who worked his
passage out TO Portugal I'm the brig lie SAID that
Capt. Farwell repeatedly logged Brown, but not
harder than captains generally logged searen. The
cosk was first complained of by the men, for not do
ing his duty-being dirty and slovenly IN his person.
and at their request removed from the ioecastle
10 the long boat The long boa was covered over
il had four or five pigs in one end of II.
As they were leaving New York, some of the hands
muiiaied or attempted 10 make rcvolt-the captain
took pilot and four five rlegers and they worked
the ship down TO Sandy Hook Capt. Farwell put
two of the crew in irons and told them that he woald
keep them IN IRONS till The vessel reached Flguiera,
when he would deliver them TO the American Consul.
The New York pilot persuaded them, and they re-
turned TO their duty.
When the brig reached Figuiera the four seaman
who testified on the part of the prosecution, went to
the American Consul and signed certificate stating
that during the cook illness the captain did all he
could 10 enable him 10 recover ; gave him medicine
ACKNOWLEDGEMENTS water-wlnc, and even his
own matrass. In that certificate they dld not COM
plan al all of cruelty the part Of the captain.
Affiiavts and depositlons were read from the Go
vernon and Secretary OF tue State OF Name, kenel
press FROM Maine and also from Luther Severance,
and Elijah Robinson, Senators 10 the Legislature Of
Name. All these gentlemen testified 10 the general
good and excellent character of Capt. Farwell, who
was born at Vassalboro Malne-that all his family
connections highly respectable and thatthey
versay knew and esteemed him as a man Of correct
department and human disposition
John A. Morrill, Esq for the defence then rose, and
delivered one of the most eloquent and mastery
speeches we ever heard in that court. He alluded to
the certificate before the consul at Flguera-showed
its variance with the testimony gwen IN this city-he
discrepancy in the testimony OF the witnesses for the
prosecu,ion-thcir variance with the witness for the
defence except on those points which went IN faver
of the captan-met boldly the points On which the
district attorney rested principally for conviction
repealed them readly--scatered the evidtnc for the
prosecution like chail-coRtended that the cook did
not do harder duty than any other SEAMAN nor even
such hard tasks-he merely took his turn at the
pumps because OF serious leak. In short, ho left
point of attack untouched and before he sat down. il
was evident that he had convinced the and Jury
of the propriety Of Acquiring Capt Farwel. For al
most the instant Mr.. Price rose, the court stepped
him 10 state that they thought on the point Of law
under which the indictment was framed, as alluded
70 by Mr. Morrill, no evidence had been brought for
ward that was sufficient 10 convict the captain.
Mr. Price commended that the Captain had acted in
a cruel and unustifable manner towards the cook
treated him in brutal and barbarous manner-and
in a way that no one ought TO act towards fellow
being and insisted that he had right to show m one