The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-17
UNITED STATES cunalssIossas COURT.
Charge Of Cruelty at Sea.

BEFORE COMMISSIONER SnleluS.
The United states Us. William 4. Brdy.-The de.
PENDANT VINO is first mate Of the American ship
Comet, is charged with cruel and unusual punish
ment to John Brady, alias Christian Dahl, on the
24th Of July last, while on voyage from san Fran
cisco TO New York. MIR. DE Kay conducted the
prosecution on the part OF the United States The
defendant was also represented by counsel. The
testimony offered on the part Of Brady was to the
effect that while he was about TO scrub the deck he
was struck on the eye by the mate who Rugged
hin up in o corner, knocked him down and
then jumped upon him. After this occurrence,
Brady was put In irons and tied up by the hands,
rope being passed from the chain OF the handcun to
SHAFT In this position ne NV was e for
offered on this point on the part Of the defendant
was that there was play enough for the rope to
enable Brady to stand his feet the deck; that
he actually did so, and that he shifted MS position
as to be able to get up on The hatch and relieve MIN
Ts sworn noWever By for the COM
painant, that when Brady was found upon the hatch
IKE the pendulum OF o clock, as o witness said.
After this, on the same evening, Brady was placed
IN close cabin where re- me ventilation was very bad
and water and released by order Of the captain on
the ninsh day. Several witnesses were examined
nam nam Of SoIweeian. se being an irishman;
that he had been dismissed from other vessels for
misconduct; that he did his work in surly and
sulAy manner; that he had spilled about pint OF
water on the deck, and that he did not readily
the defence could no. swear that they had heard
HIM refuse en-, 20 comply with ah the ~, legitimate
Of the Comet young man named Frederick San
der. gave evidence that he took Brady his meals
not see him 'triced'' up there In cross.ex amina.
tion the witness said he did not like Brady who had
down without making any explanation; he did not
like Brady. Witness said ne was seventeen years
g, aee that he was RON n Chcago nj he had been
his parents who mad sent him 10 Europe to receive
3 good education ior the purpose Of becoming q
Counsel for defendant summed up the evidence,
IN painiu manner on the deendsnt ana that the
ventilation was not insunlcIent.
wa Ds ae0a T
slye punishment could only ,n 5e applied in case
csse Ss on ns 81
not grossly meteorological himself and yet he was
excessively punished-punished as II he were
murderer or pirate by being placed Ia irons and
The Commissioner said, from the evidence be
was satisfied the punishment was excessive, even
supposlng that the complainant had disobeyed or
ders 1t was proper that the orders Of Qf1Gers on
vessels should 1s S9eysa; but !, me law never COY
@en sos such s q orders Pesn
Rod the accused Gus to await the action oi the Grand
Jury -
Alleged Robbery In the Hnrbor.
The United STATES Is. Henry Bau.-The defendant
had been charged with robbery Of sugar, &c, from
a vessel lying in the harbor Of New York. AS the
alleged offence did not occur in place where the
United States have exclusive Jurisdiction and
amounts simply, under the State law, TO one oil
larceny Commissioner Shields Sent the case before
one OF the police magistrates at the TOmbs. a
Another Charge Of Cruelty.
The United States us. Thomas Snatth.-The de-
fendant who Ia captain Of the American ship Ne
Plus Ultra, was charged with cruelty to one Of his
crew, Joseph HanrecheL The evidence showed
that Hafirechel was inmOrally conducting himself on
board for which he received slap In the face nom
the captain. The Commissioner ordered the defend
ant to lie discharged.