New-York daily tribune., 1865-09-27
THE yILLAFRANCA CASE.
The Summing Up-Asdersen Csmmfs'ed
for Trial.

have not been fairly treated The reporters are
compelled to report mperfecty and when they report
for the Wss NOT to Be
gnded by that or the many side issues raised pni
Simply TO Judge tho question whether the captain mao
failed to supply what the sw wSs not Whether the
captains kindness had impaired discipline put Wne,her
the provisions were such as proVded oy ihw.
The voyage long and parties accnsomeu 10 nS|e nc
comforts felt doubt aggreved at being reduced 10
the hard living which was necessary w'ere .o
paid for travelling $50 and board only s2o Inal this
long voyage among nSs,sation o,nes a's and thought
of which bad like Schwartz ana
others took advantage: that there were two ways i
swearing to the factsone TO convict ana the otn
er TO acquit that the parties have evden,y sworh @
with prejudice; the witnesses against the ha,
ing commenced suit against him. and their interest ne
ne evident and perhaps OF his own witnesses DC
ins preiudiced in favor Of good order and discipline.
Counsel alluded 10 the action OF schwartz az muIlh9us,
and the orbearance of the Captain IN NOT pot,s m
AT once in irons that the accusation was ior
of while that question had faded out ana tne
ouanty of the provisions was the only thing DIoueh'
up; that citizen not to be held except lot c spe
cifc crime charged. In this case short allowances
was the crime charged and under the law ne must ia,
and wully fail, to distribute the provisions 10 oe
gully Of crme that If the carpenter or others h vi
Tended the Captain not liable, except III the civi
courts on his contract. II he did willfuly and IN
tentionalIy do what is charged. there Is no
excuse. He should be punished. but thero Is not
particle OF evidence which tends to show tha' he r,H
fug shortened tie allowance but on the contrary thh
he was Kind man. Schwartz went to MN IN inu
tinous manner and was sent on pfremRtorIIy pat n
terward his treatment kind The Captain should
have put Schwartz in irons, as was the Ia" or mutny
None of the other witnesses complained TO the Caph
except one He says: The Captain toid me 70 20
away had nv allowance From the evidence u ap
pears that none Of the witnesses measured IT, none o
Them weighed it, Some OF them TESTIFY the Deei hno
pork alike and equally bad ana others tsst{ tne
nork was GOOD and the beef bad. Evidence has been
given of the mode Of inspection. From that 1t appears
there might have been now and then piece after I'VE
or six months that smelt bad. This would
reconcile the witnesses. Now, one OF the witnesses
threw his meat overheard once another twcei these
were the only ones Mary Robbins gave away 10
passenger; others sold II. How was the Captain 70
know Of this when one told him about IL Out OF 63
days it thrown AWAY but three times by one ana
but four times by Schwartz. Mary Quiutock threw "
overheard four times and gave IT away always. inns
out Of LEGO messes. "a pounds only were bsu y
u times is no doubt much. If done wilfuy Dut the
captan didn't know IL he didn't serve II ont; no one
/ coInplained 10 him but Schwartz and he was told TO
come 10 the captnn and get his allowance; he did not
II he had bis conspiracy would have failed; only TWO
ever went 20 the captain and Schwartz not returning
the captain was justified In not supposng there was any
further trouble. All this Testimony shows tst On ,ne
Government testimony there no wrong done Dy the
/ captain. one of tho witnesses vas OF 100
shoft stomach eat the meat because II was taken
low and then the sticking out might get PAD
/ Mrs TAYLOR knows that (protest from Mrs. ihyoi'
the captain was not responsible for That's 10 cohct pb
there must be guilty knowledge no one preeAuS 'hcie
was an intentional short allowance. =,
MANY OF the witnesses testify 10 his Kindness ana
sending soup and wine 10 the passengers and the act
that there serious sickness ais no deot on ne
passage speaks volumes for the treatment on oOaru.
The calling the third mate Doctor arose rom DIS
passing such con plants the captain. Ihe shp Hds
not bound 90 fake doctor There was medicine chest
and be testimony shows the admirable character OF the
care nkcn Of the passengers. Tho evidences was eon
elusive that the sameneat served 70 cabn sailors
aud passengers and the weight Of evidence IS tha no
oask bad. though perhaps some pieces "ere;
There is testimony Of the captains n,hess ana goou
character, and that friends on uie oer siuo fesvi IN
ncnded persons to come with him on account OF DIS
Counsel farther reviewed the evidence Of the prose
cution The witnesses the defense must be pcrared
etcept on the supposition that pieces were bad
while the bulk good this would harnonile every
thing.
charge was for ncgleciing 10 furnish the provisions re-
culred by law The hrst question was las there beer
crime committed the ,ceond Is there prooa0e canse
To believe the captain guilty OF that ofmet Out OF 90
passengers present lie had c1led 10 all oi whom had
agreed that they had not received tie fal arount OF
bread and potatoes; hal not received the quantity OF
water and as TO the meat that tho meat short IN guam
ty was not In quality III 10 sustain human life Fifty
other witpesses might have been called prove the
same facts but the Court thought sufficient evidence
\ had been given. John Iughess bunk kmaie had once
thrown the meat overheard and the second mate bad
been told the captain could do nothing Others threw
the meat overheard Mary Robbins got 10 biscuits for
adults and child and got such putrd meat she could
not eat 1t and gave il away Some nprosiden passen-
Robins weighed tho meat OF both beef and
pork he got - pounds for himself wife AMI
child; Fda Moore had enough to keep her child
from starving; the potatoes roter but she had 10
eat them she so hungry her child was starving;
the and pork so bad she threw them overheard
three times. tWitness brings forward specimen OF
bread from the ship schwartz got - biscuits for one
week threw his meat overheard the first week and the
second week IL sunk and be had to throw 1t overheard
after complaining of II to tho captains the 9Th of
August the children and women were going about
crying and men offering money for IT. the captain
knew nothing about 1t. Anna McGnire Is told by him
that he doesn't care dn for them. They refused
water and the child goes and cks the drops Of the
water whch they were forbidden 10 collect. Now,
what was SchwartZs mutinyi lie went to protest
about the water. He does not threaten To hang the
captains he only SAYS that in Now York he will say
what his legal rights are-and this is all the mutiny
johnson innocent trusted to tie representations of
the passenger ticket laid IN prov sons and almost
starved All this evidence Is not impeached; he has
had a crew. some passengers and yagabonds who were
employed 10 go among the crew To righien them rs
witnesses. His witnesses all impeached Brewer
IL contradicted repeatedly; Johns Is the from
whom the passengers bonght provisions almost daily.
Iie Is impeached BY many witnesses As 10 the i'm |
macuste carpenter who gave out the full allowance and
was told by the captain TO treat them WELL compare
the captains " i don't care damn for you and your
children Now, tins is the man who told passengers to
go to hell and raised his hand TO strike them. The
simultaneous howl OF the passengers at his evidence is
sufficient TO characterize his evidence. Now rs TO
Brockway's evidence, We have proved him TO be mali
cously and brutaly lying and that ho wanted to take
Cooney's place; as To Kear. he first lie had no
conversation with any about the Vilafranca, and
then that he talked with Capt Anderson have moth.
ing further say In reference 10 the evidence before
lfihe has not been made out here shall GER
tany not cndeavor TO improve on 1t when take il TO
jury.
THE DECISION.
Commissioner Osborn-I shall now render my dccs. /
Ion in this IL In unnecessary 10 silt the evidence
which has been given for my guidance both sides.
To satisfy myself that crime has been committed. it
must the counsel has sad be shown that tho Capain
had knowledge OF the condition the vessel or ON that