The New York herald., 1867-06-21
UNITED STATES conMIssIowas COURT.

The Charge Of Mansinnghter Against CaptRii
Chas. Potter-Examinntion Yesterday.
Before Comm ssioner Jones'
The hearing in the case OF Charles Potter Captain
the bark Eagle who s charged with having caused the
death OF John Emery cook and steward Of the bark
on the high seas, by means Of assaults committed |,
different times, commenced yesterday morning, |,
half-past ten O'Clock. before Commissioner Jones'
Frederick McDermott the complaining witness, w
nrst called 70 the stand and teslihed substantially
follows:-I was an able seaman the bark Eag
between December and January. 1869, and resie
at No. 40 Madison street. New York: the vessel vi
bound TO Cette, France and left Now York the 12t
of December arriving at Cette the 24th OF January
or Goth Of December Emery was bringing ar the mats
dinner when the captain told him to put the dsh,,
him dow u, kicked him while down, and after 4
got up struck him again; was at ~
wheel ., the time aeoa. fifty or sixty fee. frO
ike him again; II was six or eight o'clock in tf
rnng and Potter called the steward up and beat h
with the ropes end, am sure, until he was tired /
beating him six ghl minutes; the third time
So W Potter beat him was at the wheel, and havir
beaten him until he became tired be handed him ove
to the mate who In turn beat him until Potter told hi
10 stop; deceased was badly marked about the body
this occurred two days atc the second beating the de
after this heard Emery below crying out '0h, let VI
80; for Gods sake, let me gon l him go into n
cabin, where he remained ten minutes, and when L
came up he was bleeding from hc nose ears and moutl
two days afterwards the captain ordered The mate
keep Emery on deck aud give him whatever hard
there was to do. and make htm pump out the shp tw
men are repaired at the pump for any length tim,
and Emery was at the pump four hours; be
able 10 raise his arms afterwards; another occaso
the mate Knocked him down on the deck and put
handful OF dirty provisions down his throat; Emer
died on the 18Th OF January 1865 in my bertl
after benz elshl hours OF work 1t raining hsavi
the night before and he told then shat he aI
his body vas thrown into the death occurred tS
days after the Captain had beaten him the last time
"A Daa m
Cross exam ned-This vessel arrived o New York
the Gath of Nay and left IL q week afterward;
made this complaint about tbs 9th OF June; the Cons
came aboard Palermo and went into the cabin, bli
didn't sgn any paper; no heard my statement a. ala
did tho Captun; Cette went 10 the Consul's ofpc
aud he asked me tho causo OF Emerys death, which
told MIN; signed . statement at Ccte, but didn't mat
complaint AGAINST the Captain at Palsrmo tho Gro
Of tns ranted to leave at Cette, ground
that the ship leakv bad diet and bad usage the
wanted 10 leave at Palermo for the sane reasons th
Consul camsabos At Fslcrns and inquired about this
/ not badly used up 10 that time
ono day I came aboard, and the adde
having beer taken away from bctweon deck
aud the upper deck, fell into the hold; suppose tn
captain or mate took the ladder away but any
deck might have done II; didn't any decs
was taken INTO the cabin and remained there until VI
| next day, when the captain got doctor and W,
removed TO the hospital Potter was In the cabin pa
OF the time and could not have done than he dc
Emery had III before his beating. Witness was eros
examined AZ further .lenglh, but facts OF
Importance were elected nero than that the mate hs
told hm not y tell Of Emery treatment The furth
hearing Of the adjourned until to-day.
| Charge sf Passing Counterfeit Money.
| man named Matthew Brown was arrested and take
before Commissioner Jones yesterday on the charge q
having passed some counterfeit fractional currenc
found, among other things. in hs possession Hp wi
held 10 answer.