New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-18

United States Commissioner John e. Hol
land. Captain Work, of the bark Haleyon,
was arrested upon an affidavit made by q
seaman named James Higgins before the
United States Commissioner, setting forth
the above named charge, of which the fol-
lowing is the evidence:
Captain Work is charged by James Hig-
gins, seaman on the bark Halcyon, with
cruel treatment toward another seaman
named Hugh Conway on said bark, and re-
fusing to give him medical aid, etc. and
further, that said Conway died at Bremen
haven short time after the arrival of said
bark thereat; that the death of the said
Hugh Conway was caused by the illtreat-
ment on the part of the accused toward
him on the passage, etc.
On the hearing Of the case on the fifteenth
instant, the prosecutor, Higgins, stated
that he shipped on the bark Halcyon
as seaman on the twenty. ninth
November, 1867; that few days afterward
Hugh Conway also shipped as seaman, he
being then an able-b bodied seaman and in
good health; that said bark left Savannah
about the eleventh of December, 1867, for
Queenstown, Ireland, there to await orders
that some ten or twelve days after the bark
left Savannah the said Conway caught a
severe cold, and became quite i'll; that he,
in the presence Of Higgins, went to the
accused and told him he was sick, and re-
duested accused to give him some medicine.
Accused told him he would give him none,
and if he wanted any ito go to hell and get
it." That although sick, accused caused
him to continue in the performance Of duty
for some ten or twelve days, when, being
SO i'll, and splitting up blood he had to lay
up: that witness repeatedly asked accused
for medicine to relieve said Conway, and
accused refused to give him any; that dur
ing the whole passage the weather was
stormy and yery cold that notwithstand.
ing said Conway was i'll and in feeble con
dillon the accused compelled him to do duty,
that is, at the wheel and on the lookout
at night, the weather being extremely cold,
and during severe rain and hail storms;
that said conway repeatedly demonstrated
with the accused and Informed him he was
sick and unable to do the duty; that by
PEELED Conway to leave his bunk, where he
was lying, hardly able to move, and go on
deck and do duty as q lookout, etc.. as
aforesaid, and that against the remon-
STRANGE of the second mate; that the said
Conway got worse from day to day, yet &C
cused refused to give him any medicine or
allow him to remain in his bunk; that on
way went to accused and begged him to let
him go to the hospital on shore; that &C
cused refused to allow him to do so, and
told him he should not leave the bark except
as a corpse. Conway then asked him to
allow him to communicate with the Ameri-
can Consul. Accused refused, and repeated
that he should only leave the vessel as a
corpse. That the bark remained in Queens
town some six or seven days, during which
time Conway was in such low state that
he was confined to his bunk. Witness and
others of the crew asked accused
to give him some medicine, but
he refused That while in the English
channel after the bark had left Queenstown
for Bremerhaven the illness of Conway
increased, and he was now very low; that
yet accused knowing his condition ordered
that he be brought on deck and put on duty;
that the other seamen seeing the condition
of Conway and that the accused persisted
In placing him at work, sent to accused and
begged him to desist, and told him that
they would perform Conway's duty, and it
was only then that he desisted, and allowed
Conway to return to his bunk; that on the
arrival Of the bark at Bremerhaven, in the
port of Bremen, Conway was assisted to the
shore by one of the seamen, and as witness
was informed went to the hospital, where
he died some five or six days afterward.
Thomas G. Stevens, second mate, testified
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eleventh of December 1867, Hugh Conway
being one OF the seamen; that some eight
to twelve days atterward Conway fell sick,
and came to him and told him that he was
sick, and the witness went with him to the
accused and told him Conway was sick
Conway asked him for some medicine; &C.
Cused answered he had no medicine for him,
to ''go to hell and get it.n Conway worked
for few days afterward when he got worse.
Witness was ordered by the Captain to put
him at work. Told the Captain Conway
was sick. The Captain peremptorily or.
dered him to order Conway out of his bunk,
and if he refused to force him out. Went
to Conway and told him what accused said.
Conway said he was very sick but would go
on deck and do what he could. This was
some two or three weeks after the bark left
Savannah. That Conway got worse from
day to day. coughing and splitting blood.
That he (witness) repeatedly told accused Of
the condition of Conway, and asked him to
give him some medicine for Conway. Ac
cused refused, and ordered witness to make
Conway come on deck and perform his
duty. Witness told accused Conway was
too sick, and was unable to work. Ac.
cused repeated the order and told witness
if Conway would not come out voluntarily
to force him out. Witness demonstrated
with him, but he persist d. Witness was
compelled to make Conway leave his bunk
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the lookout. This occurred repeatedly.
The weather was very bad during the
whole time, blowing and raining very hard,
and hailing at times. Conway was com
PEELED to work at the wheel at times and at
other times was placed on watch as a look
out, although he was very sick and hardly
able to move. He was made to do duty al
night in the cold rain. He continued get
ting worse, and when the bark arrived al
Queenstown he asked the Captain to allow
him to 60 on shore to the hospital. The
Captain refused, telling him he should only
lHave the vessel as corpse. He then asked
the Captain to let him go and see the Amer.
lean Consul, and the Captain told him he
would not allow him to do so, and that he
should only leave the vessel corpse. The
bark remained at Queenstown five or six
days, Conway getting worse, coughing and
vomiting up blood. The bark then left for
Bremerhaven. On her way there Conway
commenced getting worse; yet while in the
English channel accused compelled Con.
way to perform duty as lookout and at the
wheel at night, in rainy and stormy
excited by the conduct Of the Captain
toward Conway, and several of them asked
the Captain to give Conway some medicine,
but he refused. On the way from Queens
town to Bremerhaven the Captain still per
sisting in forcing Conway to work, the
crew went to the Captain and begged him
not to make Conway do any duty, they vol
unteering 10 do his WORK. The accused
then, after some hesitation, allowed Con-
way TO go below. When the bark arrived
at Bremerhaven Conway asked accused to
allow him to go on shore to the hospital.
Accused refused. In the latter part oil the
day some Of the crew led Conway on shore
to boarding house, from which he was
removed 70 the hospital, where he died
some six OF eight days afterward. Witness