The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-06-11
sR oCKL YN CITY.
TIE COURTS.
UNITED STATES DISTRICT c0ulI.


Before Judge Benedict.
The trial Of James Giynn, William Cruthers and
Thomas Murphy, officers OF the emigrant ship James
Foster Jr, on indictments for assault with intent
TO Kill and assault with deadly weapons. on the pas
sengers and crew while the vessel was on her last
voyage from Liverpool 10 New York, was COM
menced yesterday afternoon. District Attorney
Benjamin F. Tracy and Assistant District Attorney
h. L. Paris appeared for the prosecutions Ex-Judge
Moore and Mr. McGrath appeared for the prisoners.
Mr.. Parris in opening the case for the government
said that Glynn was charged in the indictment with
mslicously and cruelty assaultiDg, on different oc-
casions and with different weapons, John stokes,
while on board Of the ship James Foster Jr on her
recent passage from Liverpool to New York. This
indictment was one of nine found against Glynn and
one OF fifteen found against him and two other
officers OF the ship for assaults upon seamen asd
passengers during that notorious voyage. Stokes
was assaulted at different times with different deadly
weapons on two occasions with heavy Delaying pin
and on two others with carpenters hammer:
classes 81 oences the statutes applicable 70 Them
acts OF March q, 1875 and March s. 1883. The ship.
las tons burden. she sailed December 10, isSs,
from Liverpool, with LAG passengers crew OF
The passage was ordinarily made in forty or Sfty
days. but this time 1t took seventyeight. Daring
almost unheard Of crueltles at the hands OF these
officers and after the third week Of the voyage they
were on short ratlons on short supply OF water and
both water and food were so unwhoesome as to be
scarcely endurable Asa consequence the passengers
and crew were taken sick and large numbers Of both
classes died on the passage. The most particularly
fendish OF the officers was James Glynn, whose duty
it was to look after the passengers when they had
and also Of the passenger cooks These cooks were
men who, being unable TO pay their fare IN money,
sT1 ~ for "9 the paance zen and
Tie conditions that they should have suitable food
and would be shown that they did not get it. Here
ann r-rlttia cnf
Glynn, his dastardly assaults upon sick and
delerceess men IN the hospital and elsewhere.
He said 1t was TO be hoped that the TRIALS OF these
indictments might direct public attention to the
ineihciency Of the laws which had been passed for
the protection OF seaInen and passengers, and that
by proper legislation they might be SO amended and
improved that the protection to the emigrant, which
policy was an end so much for the interest OF this
country to secure might be established. 1t was de-
slrable that the determination OF these trials might
be such as to assure those who mediate emit
grating TO this country that the authorities here
had the disposition to enforce far might be the
grossly INADEQUATE laws now upon the federal
statute BOOKS lor the protection OF seamen and pas
sengers.
ExJudge Moore, on benan OF the prisoner, stated
that the Court should direct the District Attorney Co
eject on which count OF the Indictment he would 90
to trial. He urged that the prisoner could not be tried
on two offences committed weeks apart at the same
time.
Mr.. Tracy said that under the common law the
case would be as the counsel had stated but that
d1i1erent rule prevailed In the federal courts.
The Court ruled that different offences OF the same
kid could be consolidated, as Judge SbipInan had
done.
LUTHER B. wYMAN's TESTIMONY.
Reside at 431 Joralemon street, know the shin
trade, the old Black Ball line ever since she was
built; am one OF the owners OF the ship; the other
owners are Charles a. Marshall and others; the ship
was built In New York and was known as an Ameri-
can ship; remember the voyage In questions the shin
left on the 10th OF December and arrived on the 1th
OF March following; Andrew Armstrong was master
OF the vessel; he Is dead; he died about week after
the termination OF the voyage; Joseph Armstrong
soner.
CrOss-examined- ship was fifteen years old;
vessel arrived and were taken TO their homes where
MICHAEL GANsoN,s TESTIMONY. |
Was seaman on the ship James Foster on her
last voyaqe shipped at Lverpooi signed the ship,s
papers in Liverpool before going aboard Of the ship;
last the ship lay at the dock two days after l
went on board; she had 10 passengers thirty
cooked In the daytime and acted as sailor at nights
fourteen OF US were known on board passenger
rest were kept at work as sailors; knew John |
stokes; he was called "Ginger Jack" on board: be
ger COOK; he never acted as cook at all, but |
did duty as q seaman; he was In the same watch |
taaI vas; ~. ne ,t was mot s seasrmg man. the
at the first part Of the voyage man by the name or
Bryan was third mate; when about three weeks out
Murphy was made third mate; know Glynn, the
carpenter; knew HIM and felt him, too; knew
the boatswain; they both slept in house deck;
the principal part Of his duty was going about the
chip with q hammer, knocking everybody down that
he came In with; he distributed the water he had
or1 On Of the "e % Of dSS In
beating Of Stokes by Gynn; Il was in the middle
Of January: he dragged Stokes from the the water
vessel and there knocked him down with Delaying
pin, and cutting a deep cash in his heidi
at his work; all OF the men were obliged
why Clynn struck stokes; Stokes was always VIII.
ing TO do his duty; the first mate was In command
OF the deck at the time the next assault was on tue
with carpenters hammer; while stokes was cross
ing over TO the starboard side Glynn struck him
T Sood d h are n S a oss s
Glypn kicked him and tried 10 tear the coat OF hts
egc sSSss Gg ss a ssq end end fsggs
Their was stokes; received no wages: paid two
pounds 1--WE shillings for my passage; the captain had
the hammer.
EDWARD WILSON'S TESTIMONY
Was ON board the ship as passenger; knew Gynn
better than wanted to; knew stokes by the name
al "Cinger;n saw Glynn strike him with a hammer
on the back OF his neck; he fell down on his face and
hood ran from ms mouth and nose; It was IN the
morning before breakfast; don't know who was ia
command Of the deck; Gynn had charge OF the pas
CToss-examinaiion-I didn't know but one man ON
the ship as carpenter; mike was the carpen.
ter's mate; soon as saw Stokes knocked down
hurried down below I have commenced a suit
BARTHOLOMEW roBISis TESTIMONY.
I was aboard VI the ship James Foster as pas
eeuger cook; was In the same watch with the wit
ness Cannon; knew Stokes; saw him hit on the
head with Delaying pin BY Gynn; the witness cor
rooorated the testimony already given a. 10 this
assault alter the blow with the Delaying PIN Stokes
Mahuereo ABOUT the deck as II crazy; Stokes was
on The watch from SIX 10 eight at the time he was
Struck WITH the pin; paid two pounds for my pas.
cage, the regular lare being three pounds ten sbil-
bngs; the carpenter slept in house on deck along
with the boatswain and his mate; the second mate
was on deck when saw the carpenter strike stokea
Cross-examinaiion--I didn't hear the second mata
say snythng when the assault took place: have
commenced q suit against the owners OF the vessel
1ho court adjourned until to-day at twelve o clock
The Cnse Of the Farmers aud Citizens,
Bank--1he Receiver vs.. Breach aud
OTHERS.
Before Judge Benedict
Frederick a. I9du Roceirer " me Farmers df,d
CAtsens' National Bank, Eastern Dfrfsion Is. yohE
Breach dtd 0thers-This case, which was reported