The New York herald., 1869-03-26
THE FEVER SHIP.

The Inquiry Before the Commissioners Of Erni'
grnxon Resumed-Further Corroborntive
Testimony ms 10 III Treatment and stsrvn.
tion-Castor Oil az an Antfaote TO starvation.
Pursuant to adjournment the taking OF testimony
In this matter was resumed at three O'Clock yester-
day at Castle Garden before Commissioner AcEiroy,
Commissioner 0'Gorman having been compelled TO
absent himself In consequence OF pressing legal
engagement In connection with the Court Of Appeals
Mr.. Charles II. Marshall, one Of tine owners OF the
James Foster, Jr., was present, with his counsel
Mr.. Hubbard. Genera Jones was also present as
counsel on behalf Of the Commissioners Of Emigra-
tion, while Mr. George B. Smith took seat In the
ana listened to the proceedings in the capacity
Of counsel for the passengers
The first witness examined was young Scotch
man, named Peter Scouler, native OF Glasgow,
who was examined ct length AZ to the food supplied
the passengers and their general treatment on
board. This witness was o very intelligent young
man, and gave his evidence in q straight. of-hand
manner well calculated to carry conviction with IT,
He corroborated very substantially all the other wit
nesses heretofore examined land whose testimony
was given ueroatim in the HERALD at the timel as
to the bad quality OF the food dispensed TO the pas
sengers the short allowance OF the same and dearh
FARLEY RErwEEN COUNSEL.
In the middle Of this witness' examination
Mr. Hubbard, counsel for the owners OF the vessel,
saM:-l understand that a counsel Tor some OF the
passengers Is present; but do not know OF any
statute that authorizes the trial OF case before the
Commissioners or Emigration or others IN parti-
san proceeding. suppose, II the passengers wish
proceed by counsel the proper place for them to do
so Is in court There no tribunal here for the prose-
cuton o. case and certainly II thls case Is gong 20
formal objections which the law entities me to. !
do not know Of any statute that authorizes these
passengers to appear by counsel or that authorizes
the counsel to put questions. object To II.
General Jones-You have no objection to the
counsel on the part Of the Commissioners sitting
MIR. Charles II. Marshall-No; not to you. but to
the other gentleman. object decidedly to the other
gentleman being present. as partisan proceeding.
Mr.. George Is. Smith, thought had right TO
come here and listen to the proceedings. also
pose OF getting out all the evidence IN the case and
as such, that knew OF anything that might be Of
service TO the passengers that had perfect right as
every citizen undoubtedly has to make suggestions
10 the Commissioners. But, OF course, II the c0un-
sci on the other side objects to show my good faith
In the matter will withdraw. l thought certainly
that this was an ordinary assembly TO gain informar
ton, and that questions could be put by any one.
General J0nes-Al proceedings OF this nature are,
Of course. open to the public and II Mr.. Smith de-
ses to be here for the beneht OF his clients hereafter
n9 c e ss he i
sion OF any facts that the Commissioners should
know; but do not believe he has right to put
The matter here dropped, and Mr. Hubbard pro-
ceeded to cross-examine the witness, without max
ing him devlate IN any material point from his divect
THE LAWYERS FARLEY RESUMED.
Mr.. Smith here rose and said-l claim the right TO
make any suggestions on the words uttered by the
witnesses In these proceedings. This IL not an
eg parte proceeding. 1t comes within the words OF
the act and In order to have the evidence as ful as
possible should think the court should be open TO
evidence from all parties.
Mr.. Hubbard-lt does not come within the mean
ing OF the statute. The statute simply empowers the
Commissioners TO take testimony | object TO any
examination except by the Commissioners
Commissioner McElroy-l really don't understand
it. There are three lawyers here now. should like
to hear General Jones' opinion on 1t.
General Jones-l think II Mr. Smith should make
suggestions to the Commissioner the Commissioner
might ask such questions he suggests to him. This
is really proceeding de be,e esse These witnesses
the testimony, and they go away. aud no one may
hear OF them again, and the statute provides that
testimony must he filed and left with tue Clerk here
Mr.. Smith, have no questions TO ask u this wit
ness
Mr. Hubbard-I do not understand tnat a witness
in any proceeding Is entitled to counsel II wit
ness Is a complainant In o proceeding he con have
counsel.
General Jones-Mr. Smith has a right to be here
and 10 suggest any questions he thinks proper to the
scAsToR OIL DocToR.n
Herman Brandt, a lad aged eighteen and q native
OF Poland. was then examined through an interpre-
ter. After corr0boratng the other witnesses IN the
The carnener srrnck me tmes he wSd
strike me with stick, rope or anything he wonld
have in his nand was sick during the voyage solely
from hunger had not the ship fever; was sick
FROM hunger only; the doctor SAID that all who were
not well should come and take "castor Oil"
America by the Rothschfd Jewish Charitable Society
OF London which was formed there for the purpose
Of saving the Jews OF Poland from Russian Connsca-
ton; tins society paid half my passage and two
more with me: we paid the other half ourselves;
sometimes the doctor went around amongst the
give them castor oil and other DAYS he would stand
al the hatch and sing out for al that were sick 10
come up and he would give them castor oil.
The further hearing ol the case was here ADJOURN
ed 10 Monday