The New York herald., 1875-07-16
MARINE COURT-PART 3.
Before Judge spaulding and q Jury.

ACTION FOR ALLEGED CRUELTY AT SEA-
John Malta, snip steward, and William Berry
and George Barlow, able seameD, vs.. Thomas
OBrien and John O'Brien.-The plaintiffs, in
separate actions each sued the defendants Tor
assault anu battery alleged 10 have been COM
mitted on board the bark Eliza 0ulten Jehn
Matts testified that he engaged with Thomas
O'Bren, the master Of the Eliza oulten, to do
seaman's duties on voyage from New York to
Cardenas, and on The 10th or June last was taken
sick VITA severe pains in the small Of the back,
and was Knocked on duty. The captain shortly
visited him ID his bed and gave him some
ointment, ana rom this be got no reLeG
Again the captain visited him. and said,
'What 10 you want mere ~ to which witness re-
Piled 81 am sick;" then the. captain got
out OF here. OF I'll soon fix you.r The captain
then brought plaster OF kerosene Oil and mus
tard, and applied 10 10 Matta'5 BACK but witness
not being able TO endure 1t longer than haf a
dozen hourl tore it on, ana when tne captain
nx you.n The captain next poured cup OF kero-
sene Oil down Matta's throat, saying, "iul give
you an emetic;' out TINS witness soon threw on
his stomach, and one or the seamen came UP and
applied q mafcn 10 ths vomit and the deck took
FIRE. When the snip arrived at her destination
the plaintiffs made an effort TO desert on &C.
count OF the cruel treatment, but were captured
by policeman and sent 10 Prison. After making
complaint 10 the Consul at Sagua, they we're ad-
vIsed 10 20 on board and bring actions when they
returned 10 New York. Berry testified that be
was SEAMAN on board, and without any Provo
cation, the mate. who Is q brother OF the
captain, and the second defendant in
the case, struck him on the head with
Delaying pin, the blow telling him on the deck
aud renoerng him ibsensible and causing his
head 20 bleed profusely Then, as the witness
would not 60 20 WORK Immediately after receiving
tue DOW the second mate mad him tied up by the
thumbs, with his toes an inch ABOVE the ground,
Ia which posture he remained Tor several hours,
until the captain ordered MIN to be cut down.
The third plaintln testified that he got sick on
board, ana as be could not work tins captain
treated him Tor MS complaint by applying caustic
TO the soles OF his feet ana strong mustard
plaster 10 hts chest leaving both on lor several
hours, and Ia consequence OF which treatment he
was working wth shovel on decK and the cap
fatn,s dog dir lea she place ana the mate ordered
witness 10 remove the nuisance. on attempting
90 use the shOvel the male became violent ana
compelled witness 10 remove the nuisance with
his hands, and the captain stood by looking on,
smoking his pipe and Laughing.
The cnptaiu on being examined denied that he
dd ANYTHING outside mis- duty as master OF the
ship; denied that he had any knowledge OF the
cruelty practsed 10y the mate, and SAID that ss
soon as ne found one Of the plaintiffs riced up ne
ordered him TO be cut down. The piaintins we're
dlsODcdieat on board.
The second delendant as soon as the ship came
10 toe pier In New YORK, 1eo ana could not be ap-
roe Court charged the Jury that n the captain
was cognZaut OF the act that such cruelty was
nefpe rated on board MS snip and ddlt inter
fere lie was as responsible as II ne had aotuSsiy
participated himself ~ the Outragcs committed
Inc iurT were acquaiD ted with the wnole OF the
would be their duty to render verdict sepa'
ratcly for each OF the pantins, assessing the dam
aaas at any amount between SIX cents ana 8 yOo
An each cgec. II the plantins were entitled 70
anything they were entitled TO somethlng Hhicl
would operate al warning nn Ene pentalH az a