The Portland daily press., 1879-04-19
CAPT. PEABODY'S TRIAL.
The Murder Indictment mol
Pressed.
Hearing ON the Charge of Cruelty.

BOSTON, April 18.-The case of Capt. Thomas Pea
body of Bath, Me-, charged with the murder of
James 81. Elwood, one of the crew of the American
barque G. o. Whitmore, came up this morning be-
fore Judge Lowell in the United States Circuit Court.
The alleged crime committed in July, 1876, while
on the passage from Cardiff to Hong Kong. The in
dIctment was found during the September term of
the District Court, and on the being RENTED to
the Circuit Court it continued from time to time
to await the result of the trial in San Francisco of
the mate, Snow, who was charged with completely in
the murder. Snow was acquitted and the Govern
ment now bring Capt. Peabody to trial on the other
counts in the Indictment. By the agreement between
counsel the Government mol prosd the count charg-
ing murder, on condition that Peabody enter plea
OF noIo contendere upon the remaining counts.
These charges are for beating and woundiDg said Ell
wood, and for inficting cruel and unusual punish
ment upon him on various occasions.
Evidence is to be submitted both sides to guide
the Judge in imposing sentence, and in deciding on
the punishment the term of imprisonment which de-
feniant has already undergone is to be considered
The first witness introduced by the government
under this agreement was Charles Wright, seaman
on the barque C. o. Whitmore with Elwood at the
time of the latter's death. He said Ewood vas dis
raed June 80, 1876; that morning heard a noise in
the cabin, and Elwood cried out "Let alone, Cap
tain, for Gods sake spare my face' soon after saw
Ewood, with blood on his face and he said "they
have turned me forward;' about month later saw
Peabody strike ElWood in the face with Delaying
pin; they were between the foremost and the house
at the time; don't know what the captain struck the
man for or why he was disrated saw the mate kick
Elwood and the captain strike him at other times;
Elwood came to me and said didn't know how they
maltreated him, and that when he got to Hong Kong
he would get them out of the ship; told him to keen
STILL and when got into port his wrongs would be
righted; at another time saw Elwood tied to the
starboard boat; his arms were tied behind him and
his ankles were tied to the gunwaes of the boat saw
him bound in this position that his feet could not
touch the deck for four hours; another time he was
bound in the same position for five hours and on be-
ing released fell upon the deck. This was about
two weeks before Elwoods death next heard Of him
in the "lazarete" he kept there five days; saw
him there having on handouts and irons upon arms
and legs; he had nothing but bread and water; his
shacKles were fastened to a vinegar barrel, giving
him only foot or two to move about.
Heard the captain order one of the men to get FL
wood out of the lazarette he brought upon deck
and was in most filthy condition; by order of the
captain he was partially washed, and was found to
be suffering loathsome disease; when he came on
board he was strong and healthy when released from
the lazarette he covered with blood and bruises
and very ILL., he was removed to the carpenters room;
took care of him until he died; he refused to take
anything but water, saying that didn't know what
he knew; the captain said after offering him oat
meal, that the man was afraid he was going to poison
hing Elwood died the fourth day after coming out of
the lazarette; found him dead in the morning. there
were five cuts upon his head as well as sores and
bruises on other parts of his body; his whskers were
hicIr xuifh Ind hot
them; at Hong Kong we all left the vessel. and on
applying to the Consul man ot-war was sent for:
we went on board the Kearsarge when she arrived
and cruised about for seven weeks searching for
Capt, Peabody and the mate on all the outward
bound vessels the crew are now scattered.