The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-17
POOR JACK AND Ills CAPTAIN
SIILORS BRINGING SUIT TOR ALLEGED
CRUELTY ON SIIIpBOIIiD.
The Stories Told In Court Ycstcrdny-Over-
work, Abusive Language, siungshots, and
Double Irons Capt. uayden's Version OF II.


Double Irons Capt. Hayden's Version orIt.
The case Of George Blnglcy agt. George G.
Hayden for assault and battery camo up before
Judge Goepp in the Marine Court yesterday
Binglcy is an English sailor; Hayden is the
captain OF tho American bark Bcncfactor
which arrived hero on March with n cargo of
tea for A. A. Low Co.. It's owners; and the as
sault is alleged to have been committed on ship
board.
Bnglcys story. as told in court. was substan-
TALLY NJ follows
on Jan ~ we were on the Cope Of Good HGpc. nndr
looked St The COMPASS 9nd said caught yol you three
in the face. giving black eye and bloody nose lie
egilSd put 9ai 70 the qrst mate Mrnan ana told nm to
ward as far a. the main braces when The mate struck
me in the lett side.
Matthew Bricn. james Shaw. Charles Miller.
John Hamilton, and Andrew Land. sailors.
gavo cOrrobOrative testimony.
Capt Hayden natly, ,contra1icted these wit
nesses. Third-mute Wiegand swore that the
CAPTAIN ala not strike Bingley; and Francis
nnd Nelson. sailors, swOrc that thoy did not see
the Captain strike Bingleyi ,,,
damages at .l5.
This is only the first Of n number Of casos in
which Capt. Hayden is the dcfcndcnt He is
held in $500 TO answer a charge Of cruelty pre-
fcrrod 10y Matthew Bricn. sailor, and in $4,000
10 answer in a s. imilnr suit brought by another
OF the crow. Charles Miller. An action has also
been brought in. the United States District
10 have been wrongfuy withheld by him; and
there has been , some vague tax OF criminal pro-
and released under bonds.
The trouble between the captain and the crow
seems to have culminnted while tho Benefactor
was lying at Annoy Binglcy's version ia. that
he and others wanted to go ashore and com
plain 20 the American Consul. Mr. J; J. Hender-
SON. They were worked from O'Clock in the
| morning until in the evening. and the captain
threatened to knock their brains out II they
grumbled or shirked. They struck work and
| went to the Coirsul's office but he refused TO
! see them and threw them into jail, whore they
| lay thrco weeks. Then they consented % go back
! e. the ship. The captain was very angry and
! threatened to kill them Us soon as ho got them
out at sen. Bingloy. Miller. and Brien desert
| party of Chinanen the other two wero Gono
! ton days For the first four days. says Bren.
| we had nothing to cnt but afterward we
bought rico and mont with money obtained by
selling our clothes Tho mandarins caught
~ and ., sent us back" For this cs-
ty-thrce days. They were forced TO work
in the day time, with the irons on their legs and
| at night were chained down between decks with
| the hatches closed; the heat was almost un-
| hours without food or drink berause he refused
| t. work in double irons. and for the next six
| days WAS kept on broad and water. One day.
he says. a cabin boy gave mo II little salt to eat
taken away from mo. Anothcr day the nrst
mate knocked him down with, a slung
mate beat him AMI stamped on him, He cgr-
/ ricd the bruises for six weeks. Bricn took n
! fever ana lay sick for over a month When
| Miller was heaten,' he says. the first mate
/ Halliman came up to mo and said. You Irish
=. there ia "A straight line for you to walk on
the deck. and you'll have 10 walk itv At the
same time he threatened mo with n stick. At
sea we had to work all day, Sundays besides,
| and do night watch. We had but four hours
sleep out OF the twenty -four"
| Captain Hayden's version of the difficulty is
naturally very different. He says he took
| Blnglcy out OF an Australian Jail, where he was
| confined ~ vngrant At Annoy the men got at
! The rum. ana became unmanageahlc. Tho
| marines from the United States gunboat Abort.
| ana had tho drunken sailors lodged in Jail To-
sober III. The Consul fined them months
/ pay. and kept them in jail TIL they We're ready
! The captain paid 10 Consul Henderson sG7 Of
! Nlers wages. 500 of Bingley's. and $50 OF
! Briens'. on account Of Jail fcns and eNIens =
| Bingley deserted AMI party Of Cnlnamcn
brought him hnck slung over n pole. The
! Consul then ordered him 10 be confined on ship
hns a not" from the Consul. in addition to the
! formal papers, expressing the opinion that the
| crew ARE a bad lot Miller and Bren. the
! captain says, passed themselves oil on the
! mnndarins. and wcre living on the fat
! of tho land when captured. The captain
admits having had trpuh" with the crow he
! took out only four Of them shipped Cor the
! return voyage. His employers, Low Co., give
| him good character rs a sober. steady. trust
worthy man. and think the suits are brought for
! tho purpose ~ hla knail.
| \ queer feature Of tho business is the dis
| appearance. or n0n-appeuran' Of the first
niate. llaliman. The counsel for the sailors
! hqve moi boon able thus far 10 ascertain his
| whereabouts.