The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-13

Charge Of Cruelty Against Captain Grindle,
Of the American Ship Old Colony.
How They Fare Who Go Down to the Sea In
Ships and Do Their Business on the Great
Waters-Captain Grindle and His
Mates their Cruelties on Ship
board-A Thrice Told Tale.


American steamship Old Colony, and is charged
with INJECTING excessive cruelty upon two
OF his crew, RayInon Raus and Thomas Franco,
Cubans, who were put on board the Old Colony al
Valencia, Spain, and compelled to serve on board
the voyage from Valencia to Cadiz and from the
latter port New York. The first, second and third
mates OF the Old Colony are also charged with aid
ing and abetting in carving out the orders OF the
captain III the infection Of the cruelties charged.
A TRUMrED UP CHARGE AGAINST THE CUBANa
1t will be remembered that on the arrival Of the
ship Old Colony III this port the captain had Raus
and Franco arrested a charge OF attempted mu-
tiny, ana also an attempt to Hre the ship. The off,
GERS on arresting the were surprised at nd-
ing them In great suffering from apparent cruel
treatment, IN personal punishment inflicted on
them during the voyage, in emaciation from
long confinement and the want OF sunlciept
sustenance to preserve health. The unfortunate
men were, however, lodged IN Ludlow street jail,
and the charges preferred against them on the
docket OF United States Commissioner Osborn's
court; but in consequence Of the state OF debility
and prostration to which the men had been reduced
It found necessary to postpone the examination
the charges preferred against them for several
days, they having been removed to the prison hOsp-
tai for treatment.
GRINDLEs CHARGE DISMISSED AND HIS CONDUCT
DENOUNCED.
The examination was at length held one day lnst
week. the result being complete vindcation OF tho
two men OF the charge trumpet up against them
ana the arrest OF Grndle and his co-tormentsrs
OH charge of cruel and inTuman treatment Of
their victims. who are the principal compliments
in The charges against the captain under examiDa-
non yesterday. In dlsmsslng the original COM
plant against Raus and Franco Commissioner
Osborn, ia his usual humane, manly and lndepend-
ent spirit. stated that Captain Grinde's charges
which he had sought to substaniate by the insiru-
ments OF his cruelty, were utterly disproved by the
testimony of the accusers themselves; that the evil
dence had disclosed system OF cruelty ana wrong
on the part OF captains and mates OF vessels which,
he must say, had not unfrequently ccme before him
during his experience a commissioner, brt which
had very seldom, indeed, been exceeded by the bar
barity disclosed by the facts that had to lght
In this case. He was glad to learn that CaptaiR
Grndle and his officers, having failed In their
attempted legal persecution OF the two unfortunate
men before him, would be themselves Subjected TO
prosecution In court similar to that where he
presided, and where the justice they had unjustly
evoked would be in their own persons thoroughly
and righteOusly administered.
ARREST OF GRiNDLE AND HIS OFFICERS
No sooner had the case against RauS ana franco
been thus summary and emphatlcally dismissed
than the same officers, who therenpon had released
the lately accused their professionally quiet man
when acting the presence OF the higher OH
Gals, stepped up to Messrs Grlndle Il Mates. took
them into custody and conveyed them before Com
missioner Shields In another part of the bniding,
and before whom the examination was yesterday
held.
The Old Colony sailed from Valencia TO this port
in The month OF October last stopping AT Cadz Tor
few days. Previous TO sailing two seamen-the
compliments IN the case, Raymon Raus and Thomas
Franco-were put cupboard as It appears, under a
ption practsed upon them by the Shipping agent
aI Barcelona, supposing 1t To be spanish vessel:
When they first came on board they were required
to sign articles, which they refused as the papers
were not in the Spanish language and also for the
reason that it was not Spanish vessel. They were
hin Infn hnnr in
couple Of days the ship put out to sea- on tho
second day out from valencia the course OF III
and which, as the men testified, was continued almost
daily from that time to the arrival OF the IN
this port. On the second day out the second mate,
by order OF the captain and the captain himself
being present at the time, commenced beatlng him
RauSl with capStan bar on the shoulder, back ana
oins The reason OF the beating was that Raus did
not understand tho English language. day or
two aiterward this Dealing process was renewed by
the second mate the captain beng also present On
this OCCASION the instrument OF punishment being
thick rope. While at Cadiz where the vessel
stopped for some few days, Raus begged to be put
ashore; but the captain refused. and kept Raus and
Franco close prisoners, they being locked up every
lied that he was frequently beaten by the second
mate, at which beatlngs the captain was always
present On the second beating occasion shovel
was used. Soon after leaving Cadiz the beating was
renewed. On one occasion an empty beef barrel
paoned behind him, and in this way he was kept
four hours on deck compelled to walk backwards
and forwards all the tme After being released
LARGE DOG
that was kept on board was set upon him by the
wrist and leg and severely bit him, leaving ugly
gashes and wounds, YET visible, on his person.
Evidence was given OF frequent beatings, tiengs up
and i'll treatment OF various kinds.
STRUCK WITH AN IRON BAR
On one occasion iron bar was thrown at HIM,
which wounded HIM severely on the head. After
tne last abusive treatment Raus retreated TO tho
hyld and there lay exhausted with hunger ana sui
ferlng Tor couple OF Gays existing upon raw pork
After being discovered and taken on deck he WAS
taken back to the hoiI and there confined Tor
days, getting Tor food seven biscuit day.
While here he found a box OF figs, which he eat,
and then, by the captains orders he was hand
position While thus handcuffed aud bound the
first mate
RAspED HIS TEETH WITH AN IRON BAR,
breaking tooth. THIS iron bar afterwards
forced into his mouth wnle rom the OF the
bar was drawn strong cord which was tied ~ the
back OF his head. he was kept IN TINS position
handculled, bound and gagged-fIom eight in the
evening till midnight. on another occasion his
and secured to a crossree, line was drawn be-
tween his legs.and bar Of iron bound across the
back OF his neck. In this way he was in seaman's
parlance,
that is holsted and lowered several times or and
on to the deck. On the latter part OF the voyage,
and for fifteen days he was handcuied and secured
to a stancheon by chain twenty feet long, and fed
crackers and water q ! the time. IL was in this
narrow place OF confinement Raus was found when
the officers went on board after the arrival Of the
vessel In Cills port
From testimony directly put to elicit the fact, It
appeared that the captain was present upon almost
every occasion specified by the details above briefly
given, when he was beaten and punished and re-
strctcd In ood, almost starved in fact, and was also
cognlzant OF the long confinement or fifteen days
which he suffered up TO the arrival OF the vessel
here when Raus and his companion in suffering
We're rescued by the police.
charge had been previously lodged against the
present defendants Captain Grindle and his mates;
but in consequence OF tue Inability or the men to
appear as witnesses--they having been sent to hos
pital--the case was not called on till yesterday.
considerable interest was manifested in tine exami-
nation VI Captain Grindle ycsterday-he having
elected to be examined aione-the mates also agree
ing 10 take separate examinations.
All Raus testimony, a. given substantially above
taken through an interpre,er was substantiated by
Franco
THE DEFENCE
mainly rested on the allegation that the men would
not work as able seamen. But on the cross-exami-
nation 1t came out that they did not profess to be
Sealnen-liad absolutely refused To sign papers-had