The New York herald., 1879-01-04
A SAILORS COMPLAINT.

SERIOUS CHARGES PRErERRED AGAINST SHIP
PING COMMISSIONER DUNCAN BY THE SECOND
MATE OF THE BARK t. F. WILTON.
United States Shipping Commissioner Charles c.
Duncan will be required this morning to answer be-
fore Judge Blatchford certain charges preferred
against him by Patrick Murray. second mate Of the
bark I. f. Wilton. Mr.. Louis f. Post. counsel for
Murray. put the complaint yesterday before the
Court. Attached to the complaint of counsel is the
affidavit of Murray. in which he ys:I was second
mate board the bark 7. +. Wilton. on her last
voyage from Philadelphia to Venice. Trieste and
New York. beginning June 80. 1878. and end
ing December Is, 1878. While in the harbor
OF Venice the captain and mate
shore for few hours and in consequence
thereof was in temporary command second mate.
gave the steward. Thomas Blake. an order to come
out of the forecastle which he did not obey, ana
dragged him out. He thercupon falsely accused me
of stealing from him. and incensed at the charge.
assaulted him and we fought. No other trouble oc-
CURED between us during the voyage. When ap-
piled for the balance of my wages, which amounted
to S9l rs, to Mr.. Duncan. the Shipping Commits
sioner, the day the were being paid off, which
was on December IT. 1873. his paying clerk told
that not to be paid until next day. and that
to come down and see Commissioner Duncan at
eleven O'Clock the next day. When went and asked
him to pay he said that oac OF the crew had put
in charges against me of an assault and battery.
Then demanded my pay and he rang q bell, and
immediately deputy sheriff came into the
and arrested. me. The depHty advised
me to settle the matter in the Office and asked Mr..
Duncan about it, and il he was authorized to settle
matters. and he said he was Then he drew up
contract Tor arbitration between Bake and myself.
and asked if / would sign it. told him
would il it would be all settled i'll the Office and
dropped. The man then took me to lawyers office
and was discharged. This occurred on the 18th of
December and was to appear before the Commits
soner the 10Th, at eleven O'Clock. went there
on the 18th at ten O'CLOCK, ana Mr duncan SON.
who was clerk in the office, approached me and said
his father had authorized him to act as my counsel
When the hearing came on Blake was examined and
two witnesses also tor him. demanded of the Com
missioner that the captain should be there. and told
Duncans that the captain had certificate given
by physician in Venice, that the steward was not
internally injured The Commissioner refused to
have the captain there and said that there was no
occasion for it, the Commissioner also refused to
give opportunity to procure o witness
wanted from Philadelphia saying that tho case was
closed. He said he would reserve his decision till
four O'Clock. 1t then about half-past one.
thereupon Immediately arrested by Deputy
United States Marshal Edsall upon warrant issued
by Commissioner Shields upon an affidavit of the
steward, which set up the SAID matter upon which
the arbitration was had. l did not know then that
Commissioner Duncan had conferred with the stew
ard i'll private and advised him to get this warrant
from Commissioner Shields When was arrested
Duncan looked at the warrant and said, oh. that
criminal warrant; have nothing to do with
that at ALL and pretended to be surprised. pro-
tested against the whole proceedings When
had my hearing before Commissioner Shields
mediately discharged. l have not been paid the
balance due me, and there is suit pending in the
District Court brought by against the vessel for
the same l reside Ill Philadelphia and have wife
and child there / am penniless, and so are they.
/ cannot remain in New York. but must get employ
mcnt immediately mariner. l therefore ask
that my testimony may DC taken before COM
missioner"
The affidavit of Deputy Marshal Isaac " Edsall
says that Duncan WAS in the Office with Blake, the
steward, when Commissioner Shields issued the
warrant; that Duncan knew of the warrant and told
him to 30 down to his Office with him, and that he
could arrest Murray there; that when they got near
this Office Duncan told him he had better not 60 in,
"lest Murray might suspect" Before Duncan left
he told him, he says, not to make the arrest until
examinaton which he intended to have in
Murray's concluded. When the marshals
stopped to make the arrest Duncan took the warrant
said "Oh, that is criminal warrant;
have not nything to do with that"
At Commissioner Duncan's Office it was stated that
the heard under the provisions of the
statute giving United States Shipping Commissioners
power to hear claims for damages; that 1t found
that the steward had sustained injuries by the
assault of Murray which had rendered necessary his
removal the hospital Staten Island, and that it
not likely he would come out OF it alive
that after paying the deputy sheriff his fees Of SIS
for arrestng Murray the civil suit the remainder
of Murrays wages were paid over to the steward as
some compensation to HIM for the damages he hao
sustained and that no else had received cent.