The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-06-26
BROOKLYN CITY.
THE COURTS.
UNITED STATES DISTRICT COURT.
Sentence Of the Officers Of the ship James
In.

ter Jr.; William Cruthers, the boatswain and
Thomas Murphy, the third mate, were arragned for
sentence yesterday afternoon. In passing sentence
upon Glynn the Court addressed him as follows:-
James Glynn--The law of the United States which
you have been found guilty of violating the statute
passed March 3, 1885, which declares "that il any
master or other onicer of an American ship or YES
sci on the high seas or any waters within the AL,
miraiy and maritime jurisdiction OF the United
States snail, from malice, hatred or revenge, and
without justltaole cause, beat, wound or imprlson
one more OF the crew OF such ship or vessel
or withhold from them suitable food and noursn-
ment or n1lcj upon them any cruel or unusual
punishment every person SO offending SHALL
on convection thereof be punished by nne
not exceeding $1,000 or 10y Imprisonment not
exceeding i've years, or by both, according
The nature and aggravation or the ofence.n In
passing the Judgment upon you which this statute
requires nave 10 notice question OF some import
which your presents, namely, whether your
position on BOARD the James Foster, Jr., that OF
an oiiiCer, TO render you amenahe 10 the pro-
VISIONS of the statute under which You have been
INDICTED You were shipped as the carpenter. and
had Won been the carpenter of an ordinary merchant
vessel. navlgated by the ordinary crew OF such
a vessel, yon could not have been properly
convicted under this statute; for, although IN
the navy the carpenter is ranked petty ofilcer
M ordinary merchant ships II is otherwise. on such
vessels the carpenter Is seaman. He turns ont
when all hands called-is bound then TO do
seanan's duty. He must take orders from the mates
wei IRON the master: and although some
sense privileged seaman, living generally with the
steward 1t is saId and regard the work OF his
trade subject TO the orders OF the master only; SIM
he ranks as one OF the sailors and not as one OF the
omcers. tlhls was SO legally determined IN the case
Of sheridan VS.. Iurbur, b. How, .. 424 see also
p $40, Moloy, g. Gu 3, p 34l-S42. See also Dand's
.'Seamans' Friend, p. l54. In Bratagh Nicholson
a carpenter was held by Belts j., TO ne a subaIern
But the evidence which been produced upon these
trals and which has not been disputed shows you TO
have held upon this emlgrant passenger snip very
different position from that held by the carpenter
OI an ordinary trading vessel you HAD sort OF COM
mand; fourteen men, shipped IN Liverpool as ord-
nary seamen, were during a portion of the twenty
1orr hours. subject TO your control; you had eXclu-
srve charge OF the distribution of the water; you
lived IN house on deck, ait, where also the second
mate, the third mate and the boatswain lived; you
TOOK your meals al second table in the cabin, where
the master and c1lef mate also took their meals at
the first table, and you were proved 10 nave been
repeatedly engaged under The eye of the
Their duty, and without rebuke from those
officers often used force and inflicted punish
Your position on board this ship was that of petty
of1cer You exercised the powers and the authority
when pertain to petty officer, and you were also
posed upon all officers OF every grade. entertain
no doubt therefore, as to the legality OF your con-
viction under the act of March 3, 1885, In deter.
mining the extent OF the punishment which should
be lnnicted upon you for the various offences OF
which you have been convicted must consider the
facts which have been proved against you, and
notice some Of the extraordinary circumstances
attending the voyage OF this ship. She seventy
eleht days upon her passage from Liverpool
10 New York, experiencing bolsterous and
coid weather during The entire passage. She had
l4t Storage passengers on board. Her crew con-
slsted OF thilfy-two men, OF whom fourteen IN
fact steerage passengers, taken a reduced fare,
but paced on the articles as ordinary seamen ana
expected 10 COOK for the passengers and do some
duts about decks, but unable TO go aloft. There
little sickness board, no contagious disease
bTohe out nor has IL appeared before me that the
Eassg ugers endured suffering than was neces-
karly incident 10 the long VOYAGE and the close con.
nnement caused by the bad weather. The suffering
appears 10 have been confined TO the crew. OF the
crew SIX were at different times lost overheard, |
ami twelve more died on the voyage; they ali |
suffered greatly from the treatment the officers
The master and chief mate having died soon after
The arrival OF the vessel no indictments found
against them. No charges OF any KIND have been |
made against the second officer. Fifteen indIct- |
ments were found against the other officers, nine of
when were against YOU am well aware that great |
care and discrimination required TO ascertain the
truth IN regard 10 occurrences related 10y seamen-I
Know theif propensity 10 eXaggerae their own mis-
fortunes, to see nothing good in the ship the mas
Ter or The owners, and TO charge all the misery Of
long passage to the misconduct OF the oicers, and
nave remarked that life at sea, which |
breeds the characteristic traits before the |
mast. produces effects not entirely dis
similar upon The quarter deck, and that the |
statements Of masters and mates VIII not always |
bear examination. fully appreciate the RESPONSE |
hilty and the dangers which necessarily attend the
hard vocation OF an ofcer OF a vessel, aud know that
the conduct OF snIps master cannot be Justly passed
upon unless II be borne In mind that he compelled
10 act al sea- in ship, for the safety OF which OF
the ves on board he is responsible and not the
quiet OF counting mouse on shore. know also the
Importance to both officers and men OF maintaining
discipline on shpboard: but know that Dru-
your brutality has been fully provei.
Of LAG passengers no one is called 10 deny the
The second mate the third mate, the b0atswain and
the doctor were at hand and competent testify IN
your beha 1, but neither OF them undertake TO dis
prove the charges against you or 10 mitigate the
force Of the evidence gwen 10y passengers well as
seamen, while the witnesses called against you have
given their testimony with fairness not often eX-
hIblted IN such None OF the cases OF assault
which have been charged upon you occurred az any
time Of emergency No nuiinles or disorderly acts
have been alleged against any one OF the persons
beaten by you. These men appear 10 have been
quite willing men; greatly oyerworked no
the voyage ana they were for that reason entitled TO
be treated with care and Kindness instead oil when
they experienced the utmost severlty Abraham
Bradley was one oI the passenger cooks: tins man
became much worn, and appears 10 nave been sent
into temporary hospltal on one occasion, when so
Tar as appears there was no emergency whatever,
yOu went IN and drove MIN ont; he came out crying
and although he was quite sick, YOU then struck him
III te race auu kicked MN several times; on another
occasion when tins man, while endeavoring TO put
on the fore match, from weakness. dropped the
end OF the hHtcn, you struck him with a
heavy weapon winch feed him 10 the deck
you Kicked him while down. and when he
epdeavored 10 shed mis- head win his arms
you kicked him under mis- ana wounded hls
face severely, and YOU then tOok hold OF him and
beat his head against q chain. the man died i've or
sN days after. John stokes was also one OF the
passenger cooks. On one occasion, there being no
storm or other emergency. you dragged HIM out Of
laying pin, from which blow, passenger swears
he oled leariully. The blow was without any Justi
fable cause, and was wholly unlawful On another
occasion, IN the day Tune you struck the same man
heavily upon the head with a hammer. The blow
KNOCKED MIN down, and you boxed and Kicked hun
when down. There was no cause FOR any beat
ing, end the blow with the hammer the Jury |
have found, was such as To endanger life. |
This man also died o few days afterwards. |
George Grant was an able seaman, VINO was beaten |
so severely one night by the boatswaiD to affect
ms reason. lie dellrlous the next morning and
was sent TO the hospital soon alter. As he was sit
ting down with scarcely any clothes on clearly de-
ranged in mind, but creating noise disturb
snce, you caught min by the hair and struck him 4
and kicked him on the mead With your sea boots
and you accompanied the with the brutal remark
4 hot AplI In "a far 1
never spoke after that and died during that
night For these offences you have been
tried; you have had The aid Of able
counsel, ana they have been unable to
devise theory in your defence. You did what you
did without passion or DrOyocation, and your con.
duct evnces malicious and cruel mind. The sug
Hestions that your conduct met with the approval OF
The master and chief mate cannot avail y0r No
approval Of the master or mate can have the effect
hn ma af.rll.l IL hu |