The New York herald., 1871-03-03
usiTFD STATES coassslssly CoulT.


Before Commissioner shields.
TIE rurther hearing OF the case Of Captain Pea
BODY, OF the ship Neptune, and the mates Mayo and
shields, who are charged with cruel and unusual
punishment 10 several colored scamen, members or
the crew, on the recent voyage from Lry rpool TO
New York. was resumed yesterday in the United
states Commissioners Court, before Commissioner
John A. Shields.
General Davies ana ME. De Kay, United States
Assistant District Attorneys, appeared Tor the gov
ernment The counsel FOR the defendants are Mr..
W z. Beebe and Mr. Robert Andrews.
CLOSE or TIE TESTIMONY FOR THE PROSECUTION.
Mr.. De Kay stated that with the Introduction OF
the deposition Of Francis Alloy, OF the coored
sailors alleged TO have been itreated, ana which
deposition was taken oa the day before at Bel leyue
Hospital the case for the government rested.
Trhe substance OF the statement made by Alboy
vas published ia the HERALD Of yesteruayl
MOTION TO DISMISS THE COMPLAINT.
Mr.. W. r. Beebe, on the part OF the defendants,
moved TO dismiss the complaint the ground that
the evidence offered by the government did not sus-
stain it. He mentioned that in The early parr or this
case, when the facts were not Thoroughly known,
misrepresentation were made in the pu0lc jour
nais regarding the trea ment or The sailors
BY captain Peabody and his officers but
since tue investigation had progressed and the
facis became fully developed the captain hId no
reason 10 complain Of the press N ms regard Coua-
sea SAID he now formally made this motion 10 dis
miss reseryag 70 himself tile right 70 argue II at
Iength at another stage q tEe eNaininatlun propa-
by al The evidence 10, the deienaanIs would
We pat ia. II tue DstrcJ Attorney consented 10 this
course, they could now proceed lth lie testimony
Counsel Tor the government made no objection to
tnls course.
CAPTAIN PEABODY on THE sTAyD-Hrs VERSION OF
TIE AFFAIR
Captain Peabody was then called and eXamiaed on
his own behalf tue commissioner stating that the
tesumony oIered by the government needed some
explanation DY tae defendants - ne captain satd:-
am master o. tile ship Neptune, ana was on her
last VOYAGE am one ol iie asiendanis IN TINS pro-
ceeding; we lett Liverpool on tie 2otn day OF Deem
Der last, and arrived here tAe lItl OF February;
knew Edward Keiss, William Ohlyer, Gilbert Mites,
James Miller James Moore Charles johnson Charles
III. Banks and Francis Alboy an c0Ored men; they
Were members OF my crew; we mad uf1eel wnite
men and twelve COlorcd, the weather was remarkably
fne Tor the until got the b4nAs OF New
foundland: got there after were about twenty
Ave or twent}- six DAYS cuC; wnen We got near New
1oundand IL got colder tan III The earlier part OF The
voyage no man became frosted until we got 10
Longitude SIXTY; the weather then very cold; on
The appearance oi ihe cold we TOOK IN stl the only
work done that night Was Jutins tAe sas; ,ae ma
JorlY OF tue coloied crew that were ireLen were
frozen that night; az ten or hall.past ten came
deck me mate lnlofined ME tAat the WatcA were
iurllng the sail: sau II was weit; tou MIN 10 haul
down the jlb: heard OF no nostOlie5 on thar
sion; tie officers We're not trOst often; The colored
watch came on deck at eight O'Clock next morning:
snow had fallen; at twelve O'Clock l succeeded IN
getting the snow on dech: there was good deal OF
cold after that's there was no complaint made to me
OF tue mems hands being II stel; advised them TO
thrash their hands tAa same as dld and the
officers did; about fifteen dals before our arrival
heard that some 81 the men on the coioreJ Natca
were frostbuen; ! called Alb0y, Relss oliver,
Johnson, Banks, Miller and Moore into the capn
anu dressed ther pands VITA hnseeq neai pol
tees lar as could so: the ifost had been taken
out oi hands OF CT them; maize finger slsl
Ior some Oi tae mea anu applied Basil!can ointment
to the nngers tod them 10 come every night and
morning and that wouiJ dress their hands, ana
tod faem not to miss coming wouio come
ana some woud NOT: mad 10 send ga oneer Tor them:
some of the SAID they would not use the
Basuican, aud one asked for kerosene; could ind no
autnoriiy lor using IL. nut gave IL 70 the man. ne
nj nj np m n. h4t
the day he complained 0 having frost in his feet
before hist he could not pu his boots on: gave hIm
par OF stockings and India rubber shoes, and he
having very little clothes | gave MIA o woolen
saTt aud another pair of stockings, and furnished
able; gave nun two pairs OF shoes: he mad good
PAR OF pants, but there were no buttons ana
sewed buttons on them 10 keep them about MS per-
SON. after this aced nim on the lee wheel look
o1t; the lookout Is a very exposed place and he
gave hun the clothes he said he
would do what he could IN working
laying up several days; at this tlme several
had oeen hard worried at The pumps; was IN hopes
that Alooy was in O condition to work; when went
TO the ioreasle he SAID lie could not work told hm
TO come All untl saw his condition; saw that he
Tried TO put on one o. MS shoes, but could not:
told him 10 90 TO the wheelhouse, indin9 that he
ala not walk wei; he went below, ana, after tnat,
before We arrived, aAa several days before
he mad not done any Worh; When he CON-
planned that his feet were 1rostbitten / be-
leved he was ir,stDltten. as there were plisters
his toes, and tic 1rUst mad been nearly taken out
them; ne put kerosene on MS ieets before We
came INTO The cold weather some OF the colored men
asked 10 let hem 90 10 the fire IN the passengers
galley; did So but a1ding that theA went there
during the watch ordered the fire 70 be put cut:
we had nine passengers Alloy, thinE, alter ne
had complained Of MS feet, mad been at the pump
one OF Two DAYS ~ Inc weather put VIII not wear
positively: / recoliect Edward Reiss the Frenel-
man, coming mo the cabin; ume ana again /
dressed his hands; Reiss was iroslblJten the same
night that The etaer men were; he lod NE That after
n was rostbitten he haWed his fingers at the
IRE; | never struck Reiss at all / could
swear how many tunes dressed his
hands; think have sent an oifcer alter him 10
come ana get his hands dressed; / never kicked
aim; he sent O. the pumps with the other men;
thee colored men were III my watch-the starboaid
watca; am always ON ueCk when the weather IS
bad Or treacherous; cannot swear what furnished
Aeiss, but when tie men asked clothing gave II as
they had not potr o mitteAs, buL had TO reserve
the 0dd ,ncs Tor men who nad sore hands; Oitlver
was MI Oh boald tie vessel: whel lie c me 10 ne
there Were three men lying up sc4-one win bon
and two Win smallpox: ne complained iAat he
mai a gnm8of aId a sore throat Though
ii was In1 middle OF his mstch j Sent MN
below. telling Hlni that he must come on deck az
fix oiciocK. which lie did: / gave aim some pa !.
gore; lie Swallowed the saliva; very likely TOLD
hIll be s6nlkinE when ~ wa1ied 10 LAY up win
sore Dtuai; he complained 70 me tlldl Que o lts
nm on tne bacE with INV hand. but may nave
owed am when pushing through me meu 10 Jay
hold Of q rope ! never struck hta when his hand
was bleeding; lie pumped wlth one nand; 10 was
necessary 10 pump aiier we !ell ia with the heayy
ycdtler, when not doing o.Aer Work; neither al
hoy, oliver oI Reias alter th.s oid any morE Than
;he 81 her men Charles Johnson came 10 me 70 have
sf4ls Tor all Inc men tnat required them; t1lre
neyer was man AFTER ms nanQs Aa0 been lroslD.t-
len ordered by lie 70 ~ aloit.
IaptAin Peabody also testified that he dld all that
was necessary iur hIies A4iller and aii the 0iher
uemueis ol the crew, 50 lar as Withn hlIn lay, TO
alleviate IN sir suneuugs under the nee ssaiy expo
cures 10 the weather. In CONCLUSION, alter stating
fhe simple facts of the case. ia which other eie-
F1,epts tilau those attributed 10 -apaln Peaoody's
character a. a sea were most ~ lault, the cap
tain saws tnal he never the first or second mate
strike any cI the crew, ana that ne had given them
positive instruc ions against dong 80, ana ne had
never struck one OF them himself
EarTlett $ Mayo, first mate. being sworn ana
exanIned. corrob0rated ali the testimony gwen "
the captain. -
After winch the further hearing OF the case was
sGlOurleu til tGis morning.
Ckarse Of Ee;jHry..
Ir.l.tnlf Qtlrkn. ,a N.LL--Al lnilcL.