The New York herald., 1871-02-26
THE CASE OF THE SHIP NEPTUNE.
Continuation Of the Examination Against Cap
tain Peabody and His Mates-Evidence
for the Prosecution Resumed.


Yesterday the further examination OF CAPTAIN
PEABODY, OF the ship Neptune, and his mates Mayo
ana Shields, was resumed before Commissioner
John A. Shields In the Grand Jury room at the
United States Court Mr.. De Kay represented tho
District Attorney, and Mr.. Robert Andrews appeared
as counsel for the defendants.
TESTIMONY OF GILBERT T. MILES.
Gilbert T. Miles coored), sworn--I sailed with
Captain Peabody in December last; during the trip
was matreated; the first time was maltreated was
when was reefng the maintopsail; did not do IL
quick enough; the second mate slapped me In the
mouth; next Sunday night l was furing the
mainsail alter my hand was frozen; | went
out on the yardarm; my hand was sore
and l could not handle the sail, and the second
mate kicked me three times While was on the
yard; the next time the second mate drove me out
OF the foreoaste one night when was sick that
could not stand he drove me out without my shoes,
and had TO stay cut four hours without any shoes:
the weather was cam the next morning could
not get my SHOES on my feet they were so much
swollen; the captain ordered me to 60 and get my
shoes and put them on; they hurt my feet; night or
two after the captain came into the forecastle my
lcet and legs were swollen SO bad that l could not
walk or stand; the captain said, ..What are you
lying here forsn ana l told him could not stand;
got out of the bunk ana lie told me to put on my
shoes; told him / Id not; ne said | must;
stuck my toes IN them 49, gent out on deck; the
captain said that played out, and told The sec.
ond mate that II | went forward during the four
hours 10 keep me eight hours on deck; the second
mate showed me- ! saw the sesond mate knock
him him 'ea on the aSwn sn Sad SAW a@a OLIVER h,Sa
and Ress sent aloit when tnelr hands were frozen;
George Henry Banks was sent aloit with ms hands
frosLDl.ten; tine captain never maltreated me ex-
cept as nave stated
Cross-examincd-W were out between three and
TOUR weeks when the second mate kicked me at the
hayards: my hands were not frostbltten then; 1
was lurlins the mainsail fortnight before we got
were on the yard furhng the mansa; the
second mate Was on the yard: was on the
Inc second mate were there; lG was blowing very
heavy then, and II was pretty cold, freezing; all
hands were called to iur the main ,ail and IL was
necessary to do so; both my hands were frozen
then; they had been frozen about a week, ana had
been working during that week; did no moro
work tnan TIE otter men, among whom the work
was equally dlstribaIed 1t was the ordinary work
on board the ship.
1t was nee ssary and sometimes II was not.
Q. Where DID the second mate Kick you at that
timer "A. III the side. He was standing at that
time ia the sings ol The yard; was standing ON the
foot rope, near The sings oil the yardarm when ne
my feet were swollen ana could not get my shoes
on; / can't tell the day; he did not
shove me out OF the iorecastle; re-
NAMED my regular time on deck, went be.
low, remained my regular watch below, and III the
morning came out on watch tnat Is the time The
captain tod me TO put my shoes on and wore them
during the watch; the shoes were very hard: they
had been wet with salt water; the captain told me
to grease them and | did 50; the captain examined
my shoes and told me that probably II creased
them could get them Oh easy enough; they were
second hand Shoes and were large enough Tor me
when got Ihem wore my shoes ior the balance OF
the passage and performed my duty the captain fur
nished me with some clothes on the passages; had
no clothes when came on board except the clothes
/ had on and one pair OF pants; j had no bel or
bed clothes; the captain did not furnish me with
bed; had two pans Of stockings; my pants were
stolen and pair OF stockings; there was q gO0d
deal OF stealing going ON among the crew; there
was complaint about 1t; the captain had the
clothes overhauled to find out the stolen property
tie captain dressed my hands twice but what was
put on them maze them worse; he ordered some OF
the men to get their hands dressed, but tneJ dd
not go.
sent TO do WORK that required the OF my FROST
bitten hand pulling and hauling ropes that TOOK tile
| skin OF my hands; saw the captain pat poutice's
| on the hands OF George Henry Banks.
George Henry Banks, col0red man, deposed That
he was OF the crew OF the Neptune on her last
| voyage; he said nc was ill-treated, ony no
was made work after his hands were frozen; the
captain sent him To work after his hands were
frozen: the captain pouli,ced his hands,
three or four days before the ship came IN;
the second mate told him he must not lay up then;
saw the second mate KICK GiberI Miles one Gay on
the malnyard; Bin oliver Kicked at the same
time: the captain struck heiss one morning at the
wheel; witness WAS there; Relss had the snip or her
course and the captain struck him.
Cross-examined-saiied with Captain Peabody
sEirt from the captain, who furnished me with
sacloth for bed the second mate, when had
clothes, sent me below keep OF the way Of
the weather; was sick during part OF the voyage
with smallpox: had been on deck only three four
days after leaying Liverpool when was seized with
smallpox
James Miller colored man, one Of the crew. de-
pOsed that one night he was called out to furl tnG
staysa, and when he came down his hand was
frozen: was at the pump when he told the second
mate his hand was frozen: the mate said nothing;
was SICK with the smallpox and mad three boS OH
his leg; the captain ordered him on deck before he
was properly weli the Saturday before he came I'm
his feet swollen; while he was at the wheel che
captain came behind nlm, struck him on the side OF
the head aud nose and kicked him.
Cross-examined-My hands were frozen after
got sick; was laid up with the smallpox two weeks;
had three pairs Of pants and flannel shirt when
i came on board: had no bed but had a blanket;
the captain did not dress my hand did no. ask him;
the captain stood behind me when he Strucx me Ola
the nose. (Laughterl
James Moore, colored, dcposed that about three
nights before they came IN he was hauled out
OF his bunk and driven ait 10 the braces; was not
able to pull the braces because both mis- hands were
as he had bandaged them previously; when witness
told him thai hls hands were frozen the captain told
HIM TO get ait d-n quick; went to the captain; he
dressed his hands three or four times: the
ond mate hit Reiss at The wheel and In the galley
after his hands were frostbiten; witness was not
able work much after nj, hands were irostbitten;
he was on the lookout.
ADJOURNMENT.
1t was agreed that the Commissioner should take
at the hospital the deposition OF one OF the seamen
VINO is at present confined there; and the further
hearing of the case was then adjourned TO the st Of
March, Wednesday next
SKATING FEAT
One Hundred Miles in Seven Hour.
On Thursday three Newburgers named respect