The New York herald., 1871-03-07
ON TEE OCEAN,.
Trial Of Captain Gfinale, Of the Steamer Old
Coloay, for Cruelty to Ills Crew.
Opening Proceedings Another judicial Re
primand- Marshal General Sharpe still
Under Damaging Testimony
Against Grindls-The Defence.

vessels upon Inc seamen serving under them created
greater adherence In the public mind than the
charge preferred by two OF the crew OF the snip
Old Colony against the commander OF that vessel,
Captain Grincle The Old Colony sailed from. Cadz,
Spain in August last, having on board two Span
iards-the complainaIts-Ramen Rau and Franc 0
Frank. These men were unable to speak English and
only shipped with the agent under the impression
that they were TO serve on board Spanish vessel.
On discovering the deception practised upon them
they appealed to the officers first and to Captain
! Grindle afterwards TO be ru, ashore. This
was refused and they were carried of as
part or the crew. From putting to sea
until the vessel arrived at this port these men were
subjected, as charged, to the most inhuman treat.
ment and when subsequently taken in charge by
| the Narshal's deputies they were found in q NEST
pitiablc condition Of fltn emaciation and general
debility from the systematic course OF i'll treamen,
| which they had received.
| Yesterday the trial OF Captain Grindle was re-
spmed In the United States Circuit Court. Judge
! woodruff presiding. The court room was thronged
| tnronghout Inc day. large numbers having been
! abused seamen, and by Inc counter feeling OF an.
pathy to the man accused OF the crime Of excessive
4 cruelty TO deteDceiesS men.
The court sat at the usual hour, but considcra.
bic time elapsed before the Witnesses for the prose-
| cuton were brought INTO court.
While the regular business was thus temporarily
| Suspended the Assistant District Attorney moved
| that the Court administer repTmand to the Mar.
snel ana his deputy for this neglect OF their duty.
| An officer was sent to the Marshal's oh1ce. but
neither the Morshal nor his deputy conld be found
Judge Woodruff stated that he would taEe occa-
| sion to repumand the Marshal and deputy on the
| first opportunity that presented ITSELF
The witnesses having subsequently entered the
| trial was proceeded with.
TESTIMONY FOR THE PROSECUTION.
Ramon Eau, one OF the complaining seamen, was
examined through an Interpreter. He stated tnat
he was holsted up to the main yard with ropes
when he was hcisted up TO the main topsail sheets
fY1n6 trnnN nyVtIl NO. hn
Z TO- beat ne rust rust oa T. tie a, sSsss :, the he
inches IN circum emce; the rope by which the iron
hung caught round his neck; when he slipped
this position; he fell on his Knees on the deck he
was Injured by the Ial; the captain gave him some
spirits TO SMELL the third and FIRST oicels brought
him out OF the hold when he was hidden away; as
he was being brought out of the mold the captain
caught him by the nar and struck him with his fist;
the deck; while thus chained his feet sore and
the captain trod on them with his heavy boots; he
had no shoes on at the time; when chained he was
gagged with an iron bolt and the
CAPTAIN KICKED HIM IN THE FACE
t ne 6rose III iTo 81 ms PACK Teeth was kept chained
yard; he was sshed 70 the anchor stocks with his
hands tied TO his body; was KEPT there three hours;
CHAINED AND HANpobFfED For FIFTEEN DAYS;
during this time his only food pound or bis.
cuita day and three pitchers oil water: he had no
bedding; he baa only trousers and On undershirt;
box put on his back. piece OF wood on his snoui
del, his face painted. shoe tied to each sdcor his
sped % RS On 70 M Walk ne ns @
hours at 3 time; was taken to Ludlow Street jail
ces; did not ship az sailor on the Old Colony; after
came down nom the topsaii the captain gave mo
coup once; they brought me out OF the room and pat
me on deck every time it rained; / was in good
health when came on board; had no on ME at
that time the sores on my feet were made by can-
ha
captain gave me medicine four times; never told the
cook or any one on board that was lazy and would
and that would notdo sailors work.
Re-drect-A sailor broker took me on board OF
a Spanish vessel; when went on board d,scov-
cred was not on Spanish vessel; when the cap
S aid not V want 70 90 on board Of an Arcaa
vessel because could nct speak English; my cloth
ing was thrown overheard.
TO counsel for prlSonef-i was not covered with
vermn; was not stripped and washed because |
mad velmin on me; my clothes were not thrown
overheard because they were Infested With velmin.
TESTIMONY OF AUGUSTUS JONES.
Augustus Jones colored, deposed1Was COOK Of
sent M aof by the nj third mate, and because he did not
20 fast enough the captain ordered MIN to be
beaten; saw Rau holsted UP to the topsails in thin
rope which cut him; he was Kept up there all day,
without any dinner or supper; the rope he was in
caught on tne calf OF his legs;
HE HUNG WITH HIS HEAD DOWN:
he was cut down; he fell on the deck on his head:
got some vinegar and water and brought him to-;
Rau told me he was too lazy to work and would die
rather than work; saw Rau strlpped he was IN q
bad condition; he was covered with lee; they
washed him; saw sores on Kau before he hid away
COMMISSIONERS OSBORN ON THE STAND.
Comnis sioner Osborn was the next witness. He
was produced by the government for the purpose Of
proving that Captain Grindle had made a complaint
before him against Franco and Rau for conspiracy;
but the Court ruled out the testimony.
TESTIMONY OF DEPUTY EEuoE.
her ya in New Yor denosed BOSE ito to
the wretched condition OF these men, as lie found
them in filthy enclosed small space on board the
ship.
DR.. Hogan, physician of Ludlow street jail, and
deposed that, In then opinion tue mans bad state
of health Oh board the ship was caused by lnsuf-
lclent lood AMI want OF proper comfort.
COMMISSIONER SHIELDS on THE STAND
Commissioner John A. Shields deposeu that the
defendant was before him; he gave bail TO appear.
This was the case for the government.
THE DEFENCE
MI, Fullerton, counsel for me defendant, con.
tended that under the law OF Congress the case
must break down, as Ran was not one OF The crew
OF the vessel. He never signed shipping articles
ana never consented to sail In the Oid Coony
Judge Woedruu said thai While lie hai donots as
to whether the Indictment was founded under the
proper statute ne would not at thus slag9 q the ra
the services OF au, treated him as one OF the crew
| ana punished HIN as such.
| without making any formal opening counsel for
| defence proceeded with the examination ol Wit
nesses. -, =
D. " CROOK, nfsl olcer OF Tue Ola toloHs, Was eA-
! alninea at considerable length. He had sailed four
| voyages with captain GIln6ie, who always dealt
kindly with his men: Rau threw some Of his clothes
| oyerboard when he came on board ne had sores on
| him; he refused TO work, stating that he WAS lazy,
| and would die rather than WORK the witness went
on TO say that the captain was not on deck or pre-
sent during lhe occasions stated in portions OF the
preceding testmony; Rau wond leave his post on
the lookout and hide himself away; tue captain or
! deyed him 10 be fed, and witness saw him getting
his food at the galley; did not see Rau lashed to the
| ancho,stoeks; Rau was thought TO he q dangerous
man 10 be at large the sailors thought him 80; they
rave no reason for thinking him so; at the request
or the captain witness put lau in irons Tor shrking
his work and Kept him IN irons ell night; never saw
! him narred; matches were found In the hold where
1 Ran ND: caused alarm among those on board wilt
ness did not put tie matches there; never saw the
captain strike stau -,
cruel punishment 10 Ran; Captain Grlndle s one OF
1 my bail. ~, c,
dep0sed that she saw Rau leave his work; the cap
l Ron tn oct