The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-23

>~~-~~>>~~~~~-~~~~~~-~ t& WA
Continuation OF the Evidence Cor the
Dofence-The Fourth Mate Acts ~ Doc
tor on Board-Examinstion OF tho Cas-.
penter-The ships Measures and Scales
Brought into Court, SO.
Before Commissions OSBORN
The trial or Captain Anderson Of the ship vafranca,
for alleged cruelty and mareatment Of passengers was
continued yesterday morning before Commissioner o.
born, in the United States Circuit Court The court
room was crowded by the passengers usual theprew
Of the ship and witnesses for the defence occupying the
witness box Captain Anderson present during the
proceedings, also OF the firm Of E. e. Morgan
Co.. OF this city. the consgnees Of the vllafrancA
WIN. Morgan, Of the firm Of =. e. Morgan Co., the
consignees Of the ship vafanca the first witness
called He testified that he had been engaged In the
and four years in London Captain Anderson had the
character Of always being kind 70 his passengers was
that ' was done By the Inspectors
W. Cooper, provision dealer, who furnished supplies
70 the vllafranca was next called Beng d%,y sworn
for her voyage the same meat was furnished TO other
vessels and no complaint was ever made about it.
of beef and twelve barrels Of pork to the vafanca the
barrels weighed two hundred pounds not supposed the
London and back the meat was packed last winter could
toll that from the appearance did not inspect the twelve
barrels of beef pork before delivery beog will keep
about year IL pack in chat manner there were der
kinds of bee sold TO vessels did not know what the
captains of the vessels eat occasionally different class
Of baf used for the cabin the beef and pork
supplied TO the v!lafanca had been nspectsd he sup
piled eight hams and eight tongues also TO the vessel
and pork could not say he had inspected the beef and
pork Of the VIaanca could not Toll what vessel he in
spected inspected about hundred thousand barrels
during the year; what was passed was good; any meal
that is rejected il sold to merchants as sour
Mr. Matthew'S an inspector OF beef and pork testified
that he inspected the meat alluded TO by Mr. Cooper,
and IL WAS good nft- 70 saNfg
In cross Examination he said no sold the meat 70 Mr.
Cooper
Wisness--Ycs; but what generally sold was good q
Edward Coony tho carpenter was again called 70 the
stand and testified that he saw the meat Of tho Villa
franco opened In London; it was good
Cross examined by Mr. Be.l-saw only two barrels Of
PROVISIONS left over tbs previous voyage could not tell
what was left there might have been ten or twelve
barrels Of meat lett over ana there might DC put
don't know that the barrels left over from the pre-
vous voyage inspected in London saw that the
casks Of meat ~ London had been burned; cannot say
wlabarres were inspected; opened all the inspector
wanted mo to at London.
Tho measures the ship here produced in court,
and Cooney identified them When the scales were
handed TO Cooney he sadI weighed the meat for each
passenger in that scalo gave each full pound they
Mr. Bell here cross-examined the witness regarding
the scales.
g. Now, tell me how you weighed pound Of anything
Cooney then looked at the scales and replied, gave
Mr.. Bell-TeIl me how you did it by that scale.
The witness having examined the scales, seemed puz-
zled and did not reply. alstae
Mr Bel-You know that neither you nor any other
could weigh pound by that scale. for the lowest
mark on 1t is four pounds.
The scale was then exhibited. II was o spring bal
ance SCALE very rG and seemed not 70 have been used
lately. The lowest mark was four pounds Cooney
seemed puzzled by this revelation. He then left the
Charles Baeur being duly sworn testified that he was
fourth mate board the vafranca he superintended
A.. and
had TO call the Of the passengers 70 come for
their rations the provisions were raised on plat
FORM and each man as h h.s name was caeo out
railing, and got his provsons also superintendent
when the carpentor gave out the provisions; the
measures used TO give out the ralions to the pas
myers stamped according 10 the law; the water
for voyage stored in casks and IN tanks and was
pumped from the casks the asures, taken from
the tank by the measures being dipped ia when wanted
the carpenter always dealt the watr out fairly except
on occaslons the captain had said "Gve tie
passengers full and plenty and his orders were str city
o,eyed lived in the cabin with the officers and the meat
served the officers cabin was taken on. OF the same
barrel that which supplied u the passengcrs sick
passengers children had milk given TO them every
morning; gave milk child whose mother was not
the sex. and have taken II down myself; the
captain gave the order to give 1t to the sick
70 the children II IL was really needed; knew
people TO come second time and get water have been
to several times, but not followed up as profos
SION have been passenger several times, both as
cabin Storage PASSENGER the provisions served out
on tho viliafcanca of good quality heard Ann No
Guire say that she satisfied with tho provisions
served out and she said she did not know what mado ac
Other passengers cut up SO; the captain WAS present
when this conversation took place; heard oil paper being
got up by Of the passengcrsMr schwartz-who was
busy among the passengers; had had two complaints
brought TO him, and, on telling the captain, they
attended to- the provisions served out during the voy
ase exactly the those served out on other
ships II not better.
year; shipped from New York: am engaged a. fourth
mate; my business is sometimes seaman, other times
clerk whatever get to do; passengers used to
cali me Doctor, and would come TO me for medicine.
which gave tho captain had charg' Of the medicine
chest aud used to prescribe il they told what
the used to so TO the apain and he would tell
me what . sot never prescribed myself except on one
Mira Stovns child, believe; never prescribed except
th-t occason cannot SKA ty recol.ect what gave
IL a. tina. time but believed either magn,sia little
Turkey rhubarb would do IL good complaints have been
made during the voyage a5ou; shortncss OF water and
provisions but formal complaints; passengers would
come me AZ standing on the poop and mako In
formal complaints would ask what they wanted; some
snd thcy had come for told them they had had
thor allowance and they wanted more they must ask
the captain and they went TO the captain and he told
them he would no aftcrwad: sent mo TO the parties
to bring thom out when some biscuits were given TO
Barrait - Stevens and Charles Ward, each OF whom
complained once SEQ no passensers present who asked
the crowd) h, asked second time, and thought
had given him enough Charles Nathan asked me
who was IN need q il; tn. captain
Judged whether they needed q or not; gave
milk 70 OF tho Chi0ren IN the steerage, gave wine
OF the passengers but do not them present
one OF the passengers To me and asked IL would
sell him bottle OF wine; asked him six shilngs Tor
bottle; Mr.. Brazell never came 20 me for wine that
recolcc never BOUGHT any OF me, nor ever sold any
provisions Of any kind to the passengers they never
asked to sell any never complained OF the shorness
Of water neither formally informally; nrst knew the
captain In the year 1851, and across from London
seerage passenger In the ship Devonshre, he being
captain my wife also with me; his conduct
very kind and the passengers signed memorial 70 the
captain for good treatment they had received during
the voyage. -.
Alexander Wiley, Of the firm Of T. Morgan Sons the
owners OF the viiafranca being duly sworn tesaed-I
am merchant and have been connected with the pas
senger trade twenty-five or thirty years. have known
Captain Anderson eighteen 10 twenty years. nevcr heard
any complaint against him, and always thought him to
DO good captain; Is the practice Of house 70 buy
and pay good provisions always and expect 70 get
them Captain Anderson has been captain Of the South
ampton the Devonshre and the villafranca all trading
between London andsNew York .nl
Gross examned-0ur house in London are brokers, the
same o here; cannot say docking at the signature
OF the passengers whether this was signed
by our house In London, bat expect u Is all right
some one has signed II for them.
William Johns being sworn, testined-I was passen-
an RI iha Vtafranca the