The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-27
CAPTAIN MEpRINAN COMMITTED.


TESTIMONY CONCERNING THE ALLEGED CRUEL
PUNISHMENT INFLICTED ABOARD THE BARK
zITTLosES-THE CHARGE OF INHUMANITS
DENIED
In the case of the United States against Jeremiah
q. Merriman captain of the American bark John
Zittlosen charged with cruel and unusual punish
ment OF seamen while voyage from Bremen.
haven to this port. examination held yester.'
day before United States Commissioner Osborne.
Captain Mcrriinan appeared in person and by his
counsel, Mr. Robert Andrews. Thomas G.. Malloy,
the principal complainant. testified that he halls
fom New Orleans; shipped able seaman on
board the bark at Bremerhayen the 2sth Of
April last tor the voyage to New York:
the evening of that day went to work;
the weather was very cold at the tim;
ON the following day asked the second mate If the
Captain gave ''watch and watch !" he replied mo-"
witness then said he would ask the Captain for
watch and watch" which he did; the Captain said
he could not give watch and watch that day; witness
then said he had been at work from two A. NJ.
Monday till twelve NJ. Tuesday. and that he was
tired out and fit to work: the Captain replied
that he would make him work or put him in irons;
he went forward to the forecastle where he fol-
lowed by the Captain and first and second mates and
was ordered to go to work again; complained Of
fatigue and overwork. whereupon the Captain
ordered hum to be put in irons. which waa
done without any resistance on his part;
the other complainants. who had also refused ia
work under the same circumstances. were also
"ironed" and all confined in the lazarette. where
they were kept till the next morning without food
or drink; about O'Clock he was brought, still in
irons before the Captain the main deck; the Cap
tain then ordered the second mate to trice up the
son of a b-h;" the mate then triced him up. hi!
hoisted higher so that he WAC raised completely on
the deck; several times he begged the Captain to
let him down. but was kept i'll that position an
hour; when released the Captain ordered him to 70
his knees and beg his pardon; after that was
confined till Sunday. still in irons; there
were only four biscuits and water supplied
to himself and the other four compliments;
THURSDAY one biscuit and water to q. ch man; next
day biscuit and half and water. and the same
Saturday provided; on Sunday he was allowed
to go deck for ten minutes and wasthen returned
to the lazarete in irons; the complxinants had not
quite two biscuits each ON Sunday. and from that
time to the twelfth day had two biscuits day with
sufficient water but still kept in irons; that
day the second mate called him to come on deck:
then he next che Captain in the pilot house; he
his hands on witness and pressed him down: the
irons were then taken of by the mate; the Captain
said. you son of q b. h. go forward and do your
work.; he went forward got something to eat from
the cook, then came deck and turned to- to work.
HAD BEEN DRINKIN0.
On cross-examination Maloy said he had been
drinking before going on board, and brought pint
bottle of whiskey board he 1t the wheel
when the vessel leaving port but no could not
tell how long he was kept there before removed
by the Captain he did not think. however, that he
member the Captain telling him that when the ship
put i'll proper trim they should have watch and
watch" and no one of the men refused to work or
said they would not work.
The other experimentation Lindmsn Charles
Johnson, August Whitman and Andrew Wick-were
examined, and corroborated the statements OF MaOY
in every respect
For the defence, John Cummings. second mate Of
the bark testified to the effect that after Maoy
came on board he noticed he was under the infu.
of liquor. and. on his complaining that he WAS
ill, sent him below; that the second day out the
came aft and asked for "watch and watch :" the
Captain said, mot to-day; Malloy said II he didn't
the Captain said to him, IF you go below you
won't come on deck again until you get to New
York." Maioy said he didn't care ; then the whole
went forward; few moments afterward wit
went forward and asked the crew to "turn to;'
of the men came out, but Mall0y and tho
others said they wouldn't "turn to- before four
O'Clock: they were asked several times aud when
they refused the Captain ordered them to be put in
irohs ~ swear positively" the witness continued.
shat Malloy never was tied up dock 80 that his
corroborated in the main by Conrad Smicht. car
penter.
Captain Merriman then sworn in his own Boz
half. He halls from Brunswick. Me-; was q ship
master for thrty-ve years; sixty years OF age,
and had sailed in and out of tho port OF Now York for
many years. His statement to the trouble on
board his vessel similar to THAI given by the
second mate. He said that the five sailors he had
he proposed let them know at the outset that ho
was the captain He denied that there had been in
hicted any cruel or unusual punishment, or that
Malloy had been trced up ut any time. No punish
ment inflicted beyond what was necessary to
preserve discipline on board
This closed the examination. and Commissioners
Osborne decided to holdthe accused to await tho
action Of tho Grand Jury upou the charges preferred
against him. Bail was increased from $500 to $1,000
which was furnished by John Zittlosen. owner Of
ha vesse