The New York herald., 1871-01-11
SEIPB0ARD BARBARITIES.
Charge of Cruelty to a German
Cabin Boy.
The Hate Of the American Ship Parto Plato
Held TO Await the Action of the Grand Jury.

Another OF those cases which come up so fire.
auently In the federal courts OF this city arising
from the cruelty, oftentmcs to death, OF captains
and mates OF vessels to seamen while ut sea- where
seeming impunity instgates the most wanton exer-
else OF brutal authority, was yesterday under
examination before Commissioner Shields. 1t GER
tainly is not from OF impunity derived from
any laxity In the laws with regard to seamen
that commanders or American ships and
their officers will continuo to act 80 In
humanity on board their vessels. In many
instances the heaviest punishments have been In
flicted upon those sea monsters whenever caught
and 1t Is but few years since that humane man,
Judge Shipman, from the United States Circuit
Court bench, declared his resolve to innlct the
heaviest punishments upon this class OF offenders
whenever convicted before HIM. At present there
are awaiting trial for helnous offences Of this char
acter Captain Grlndle, OF the American ship, Old
Colony, and Daniel Leach, steward OF the American
ship Helen o. Phinney, charged with the murder Of
Jack Shields or Australian Jack. In the harbor Of
Monteyideo, In August last. The present case we
give below from the examination OF the principal
witnesses.
EXAMINATION or DANIEL MONTGOMERY.
The examination OF Daniel Montgomery. who Is
charged with having brutally assaulted otto Marx,
German boy, about 9 month ago, on board the
from honduras to New YORK, was entered upon YES.
terday before Commissioner Shields. Montgomery,
the accused, was first mate OF the Porto Platte.
STATEMENT OF THE CABIN BOY
Otto Marx, who appeared In court with wound
partially healed on the right side OF his head near
the eye, deposed:-I was cabin boy on board the
Porto Platte; the mate abused me; he struck me
with stick and sometimes with broom; was
enough and the mate s aossd ana TX ceea Hs he
Kicked Inc on the side with heavy sea boots. On
being cross examined the witness said he did not
ship as seaman and was not asleep when he was
struck; shipped on board the Porto Platte from New
York; was cabin boy on the way back; the bruise
nj
the steward the mate did not hurt me-
The evidence for the defence consisted OF that OF
The steward stated that ne never knew of the boy
beng Sick; be was very dirty and the steward
Washed him; the boy told witness thas the mate hit
kept running after tney had been washed
not swear that he did not Strike the boys never saw
anybody but the mate and witness strike INN; wit
witness said he took of all the boy's clothes when he
washed him; he had bsters on his fingers; they
The captain, Francis J. Montgomery, deposed that
the boy shipped as ordinary seaman at twenty dol.
lars per month; he was put to sleer but proved in
unless compelled him to; saw sore on the side OF
his head; he never complained to me That the mate
the defendant was his brother
Charles Harrington, who had sailed with the de-
fendant, said the defendants conduct was always
good; would sail with him again and had shipped
with him again.
Counsel Tor defendant having summed up. counsel
Tor government said that this was an outrageous
Case and that it was high time this class OF oence
should be put an end 10.
The Commissioner decided thar there was no
cause whatever for this assault on the boy who had
shipped for service III the cabin and could not, in
any sense, be regarded as an ordinary seaman He
committed the accused to await the action VI the
{ The boy has been for nearly a month in hospital
In Brooklyn, and he Is to attend on Friday heXt
before the Grand Jury, when, 1t Is understood, an
indictment VIII be preferred against the mate