The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-03
Marine Court.
: n

barron, the master and owner OF tho brigantine
Susannah, of Halifax, was defendant. When the
nature of the was about to be stated, the de-
fendant told the court that the British Consul had
sent his own counsel to prosecute the case, and
also had declared that he meant to press the matter
hard as he could. Mr.. Charles Edwards, who
appeared counsel for the boy, admitted that Mr..
Barclay had sent the to him; that he, Mr..
Edwards was often employed to defend masters of
vessels from suits by their respective crews; but
that the Consul was as ready to aid in the protec
ton OF the poor black sailor boy as of an honest
master, and that the would Justify any express
sions OF Indignation which the Consul, in his horror
OF such conduct, was alleged to have uttered. 1t
will be seen that the master had stolen the boy at
Antigua. The damages were laid at $500 and
Judge Lynch did not hesitate to award to the boy
the whole amount. Mr.. K. s. Emmett appea red for
the defendant.
John Fitzgerald deposed-I shipped at Port Ca
beo, on board the annah the defendant was
master and owner, as he told me | did duty for a
fortnight as cook and seaman Carr on board
when came; have seen him at the pump. @.
What was the conduct of the captain while he was
taking the end of the peak halliards and the fore
brace A. He beat him have seen him knock
him down when at the pump, more than once, and
so often that l cannot RENE mber the number of
times he struck him with his shut fist; have
seen him knock him down with a rope, until he
could not stand or speak: the boy was sck was
sent by the captain to tell him to come on deck or
he would make him; told the master the boy was
sick, and not fit to turn out; he was not fit the
master went down to hi n in the forecaste; i gave
man piece Of meat on the tormen tors to take
down to the boy; the tOrmentors was left in the
forecaste the captain went down in the forecaste;
the captain came on deck, and the boy with him,
and the captain gave him ropes end and sent him
to the pump; the boys shirt all fresh Of blood,
and his hands were all cut and tho skin raked off
he was wounded across his knuckles on hand,
and the wrist of the other, from the torme ntors;
he worked at the pump about three quarters Of an
hour, and aftee reefed the mainsail the captain
went down in The cabin, and the boy then showed
me his hands; before that the plaintiff could his
hands well, and after that he could not use his
hands well, and not do so much as to hold on to q
rope, or do anything; the captain aske1 what the
fork (tormentorO was down in the forecastle for
told him had given it to one Of the with some
meat for the boy, ana he said am now after
rousing him out with it; the captain took him
fetch some water, and | went down with it the
captain called for salt water, and used it with
medicine, and gave it to the plaintiff, and
said that is the way he worked sick peo-
cine to make them work; he then made him 60 the
pump az ain, about eight AM, and gave him no
meat all day; he was not in state to keep at the
pump, but he had to keep at it at the risk of his
give nothing to the plaintiff, and to tell the men
not to give him anything to eat, and to obey the
order as to telling the men; day or two after
wards, at sea, the master called me down, and told
me to call Chelsea, another colored man, and then
to call the boy (the plaintiff); he said" Steward
get out the irons-l want irons )" and told me to
put irons on the boy; told him No." and handed
the irons to Chelsea; Chelsea put them on by order
Of the captain; after the irons were on the captain
struck him in tie face and the blood started from his
nose and eyes; he struck him with the back Of his
hand the captain was painting the ceiling, and he
daubed him in the eyes with the white lead paint;
the paint remained in his eyes more than two
weeks, until the rain washed it off; he told me to
take the cover off the lazarete and put the boy in
it, and told me to give him nothing until he should
tell me; that was about ten, or a little after he
was not taken out until after four P. M he had
nothing to eat in that time; then he was ropeended
and sent to the pump, with nothing to eat; and he
kept at the pump until six PM he was kept at the
pupp because he could do nothing else; this was
before the captain used the tormentOrs; we were in
the Gulf; very cold after losing foresal; the cold
affected plaintiff so that he could not walk; he went
on his hands and feet; there was 81 feet water on
deck; the boy was trying creep to the windward;
the captain gave him kick and lick of the rope,
which caused him to fall to the leeward, and the
seaport WAS open; told the captain the boy weuld
be overheard; he said" Never mind that-Ill
take care Of him. the master struck him again
while he was laying IN the water; the boy did not
cry out, though he generally cried out when he got
lick; the captain went away, and took the boy
out Of the lee.scupTer and placed him to lee Of
long. boat; he was not able to stir; il a sea had
come it would have washed him away; the captain
wanted me to lash him up, and | would not; the
captain logged him himself; AT sea, on the voyage
from Porto Cabelio, the captain gave him thirty nine
lashes Il countcd) with an old log line, which he
doubled and twisted, and he ordered the men ( ,
L
board he was as strong and healthy any man on
board; he was beating him every day after wards;
he could not retain his cXcrements; they passed
from him involuntarily.
Cabello Is seaman; the master shipped me;
signed articles seven hands on board-thrce be-
fore the mast an ordinary seaman, cook, and the
boy; plaintiff said he joined at Antigua; joined
on Sunday, and We went to on Monday; he was
strong, active boy; he did any thing he could; he
did not become sick until he made sick; he
worked ON deck, our regular watch; served out the
meats there was shortness Of provisions board.
Did ever tell the captain that the boy ect-
ed his dutyl A. did not; have no suit against the
captain; have been ut sea ten years; the captain
never told me to keep his grub: he told not to
give him meat until he told me; there was not a
bclo until We arrived at New. York, that the boy
| did not get it from the master; have never seen
the boy struck by any body but the master: Others
NJ well Ms myself, might have given him shove.
| Ieibaps, but no one struck him; | was TO be dis
charged in New York, and have been paid of.
James Kennedy deposed-I was a hand on board;
joined in Antigua; the boy fell sick about twenty
days before our arrival in New York; he was not
well enough to pump, aud went below; the captain
ordered me TO go and see IL could find the boy;
Jaw him in the lazarete. where coal is kept; the
boy was asleep, In fanting sort Of manner; told
the capt ain, and the captain told me to draw him
up with rope and to rouse him on deck, and did
so; when got him deck he lay in the shape,
unable to moves the captain ordered the boy to be
got on the wndlass end, and to lash hi an down, and
sup 90 his clothes; dashed him do sn; the captain
came with n log line, and doubled IL twice, and
logged him. and counted the lashes, and counted
elso thirty-nine lashts; "that is the way" sal
be, 'to bring sick people to life;" so unlashed
the boy by bis orders, and sent him to the pun p
the boy was not able go, but was made to go
there by forces be kept the boy ut the pump ten
minutes, until il could be sucked, but he was not
able to suck IL; he then ordered us again 90 hold
him on the wndlass, and /, and another man, and
the captain them him about dou bic that number
with piece Of rattln line a quarter of an inch
thick; saw plaintiff when he came out Of the fore
bis hands were all cut, and the wrists Of his shirt
stained by the tOrmebtors; ut sea ! have seen him
knock the plantin more than twenty times aud
kick him, aud jump on his breast; on the Spanish
Main saw plaintiff come out Of the cabin support
ing his private parts with n handkerchief, his tes
tcles all swelcd, aud kept in the cabin three or
four days; saw paint on the plaintiffs face, the
color Of white ead it appeared IL forced into his
eye with brush; have seen the boy very willing,