The Portland daily press., 1886-12-15
Brutality on Board the British Bark
M. & E. Cam.
Trial of the Case in the U. S. District
Court.

ana Hon. George Il. Bird for the captain.
The second mate and boatswain had escaped
and could not be found by the United States
Marshal and his deputies
The bark NJ. & E. Cam is a British vessel,
belonging in Yarmouth, N. S. She arrived
here last Friday from Buenos Ayres, con-
signed to Messrs. Ryan & Kelsey. Captain
Durkee is man of ordinary size, wearing
a full beard and having sharp, determined
cast Of features. The sailors are all under
sized, light built men. They appear to be in
earnest and tell their story in a straightfor-
ward manner.
According to the libel it appears that Me-
Giyern was forced on board the NJ. & E.
Cam at Buen0s Ayres, October 14th, by
three men, known as runners. He was cap
tured at his boarding house, and at the point
of dagger was compelled to go ON board.
He was put into the forecastle, which had no
means of ventilation, and kept there "a
hours He tried to get out. but was told if
he escaped he would be shot. The second
mate released him the following morning
and compelled him to go to work, although
he protested that he did not belong to the
bark. He never signed any shipping ar
tlcles and was never asked to do so. On the
10Th OF October the second mate struck him
on the jaw and knocked him down while at
work. His face was so injured that he could
not eat without pain for several days. He
yomited for half an hour after this assault
At another time the bOatswain knocked him
down and kicked him, producing a rupture
of the bowels. The master stood by and
saw this done without interfering. He was
made so sick that he could not leave his
berth and was unconscious at times. Never
theless the captain made him turn out and
go to work before he was hardly able to
walk. Afterwards the captain struck him at
the wheel and thrust his fingers into Nc
Glvern's eyes, so that the blood started from
his nose and mouth. He was kicked and
beaten nearly every day of the voyage. After
the arrival of the bark here McGivern left to
protect himself against further violence.
ONeil shipped and signed articles on the
10th of October. On the Sth of November
the second mate knocked him down without
provocation and kicked him and beat him so
severely as to produce internal injuries,
which new prevent him from working
When he was sick in his berth the captain
pulled him out and forced him to duty be-
fore the mast. His condition is now such
that the doctor tells him he will have to 90
to the hospital. When he went on board he
was in perfect health
John Burns shipped and signed articles
the same day as O'Neil He was beaten and
kicked by the captain almost daily and so
badly used that he was made sick and unfit
for duty. When he was suffering from a bad
abscess on his right hand the captain forced
nm TO work The second mate threw a
heavy block at him which struck him on the
back of the head, inflicting severe injuries.
McNally signed shipping articles the same
time as 0'Neil and Burns. He was struck,
beaten and kicked by the second mate, re-
celying wounds, the scars of which he bears
now.
Edward Sparrow, one of the sailors who
was forced on the bark at Buenos Ayres was
so badly treated that lie preferred death to
the indignities which he was forced to I'M
dergo. He jumped overheard soon after
leaving Buenos Ayres and was drowned.
William Warwick, one of the crew of the
park testified that he was forced on board
the bark by three runners who were armed
with daggers and revolvers. The men put
MN into the fQrecastle with the others and
sald tney would shoot any one who tried to
get out; lie detailed various acts Of cruelty
which he had witnessed, as related above.
The libel alleges that the object of the Of
hcers Of the bark was to so badly maltreat
the sailors that they would desert. Thus the
vessel would not have to pay their wages.
The answer to the libel says that the men
were not under the charge of the officers of
the vessel when they were brought on board
but that the runners had full control over
them There is general denial of any UNI
necessary severity in enforcing discipline.
4hNOAfOln anu " N6ll CldlUl manages OIL
$500 each, Burns $500 and Mentally $50
AFTERNOON SESSION.
The court came in at about half-past two
o'clock in the afternoon.
William McNally, one of the seamen, tes-
tlned TO having signed shipping articles and
Joining the crew of the back in October last.
and to being struck by the second mate and
boatswain. Was not struck by anybody else
and never heard the captain say ANYTHING
about striking the men. Cross-examined BY
Mr.. Bird, he could only say that he was
struck once In the presence of the captain,
and could not swear that the captain saw
him then, but should think he did Had not
been struck by the captain.
Thomas Brown of Halifax, one of the sea-
men on the bark, was the next witness, and
testified that he had seen Hugh McGivern
struck by the second mate and boatswain.
Once, when the mate struck McGivern when
on the forecastle deck, the captain was on
the poop deck. McGivern cried out when
struck. Had seen McGivern struck by the
captain when McGiyern was at the wheel.
Witness had seen Burns struck by the mate
and boatswain, and had seen him several
times struck and kicked in the presence of
the captain, Had seen O'Neil struck by the
mate five or six times, and had seen McNally
struck by the mate. Cross-examined by Mr.
Bird, testified that McGivern was beaten by
the boatswain with gasket, and driven for
ward. When the captain assaulted the man
at the wheel, he. used ropes end. and
struck the man in the eyes with his fingers.
McGivern recalled, testified to having
bunch formed in his groin before he went on
board the bark, but that the blows received
on shipbUard occasioned his rupture.
Thomas K: Rogers, the mate, was the next
witness He testified to the crew being
brought on board apparently sober. Had
seen Burns struck by the boatswain and sec
ond mate when the sails were being changed
Couldn't say whether the captain was on
deck at that time. Had seen McGivern
struck with gasket by the boatswain.
Heard him cry out Witness thought the blow
which injured McGivern was not intended
to seriously hurt him. Witness told the
boatswain he should be careful, and
made remark to the effect that the boat
swain had ruined the boy. The captain af-
forwards inquired about the matter. The
crew were not good seamen, but were gener-
ally obedient to the mates orders. Witness
could not swear that the captain was on the
poop deck when the boatswain struck Nc
Givern, but had an idea that he was. Could
not swear to the ill-treatment of Burns,
0'Neil, McGiyem and McNally by the Off
GERS.
Cross-examined by Mr.. Bird, he testified
that the captain did not come into much con-
tact with the crew and gave his orders to
either the first or second mate as it suited
his convenience. After the affair with the
gasket, McGivern told the mate that he was
suffering pain but said a week later that he
was getting better. The blow with the gas
ket was given after Rogers had told McGivern
to go to his duty and ordered the boatswain
not to strike the man again. Never saw the
captain assault anybody. Never heard the
captain tell the mate or b0atswain to kick or
strike the men. On redirect examination
could not say that the masteriknew that the
boatswain struck McGivern. He did not re-
port the boatswain's act.
In answer to questions by Judge Webb
the witness stated that half the crew came
on board intoxicated, but good natured, and
that the five men alleged to have been abus-
ed came on board sober The first time wit
ness saw man struck on the passage was
by the boatswain who struck the man, who
afterwards jumped overheard. The captain
was on shore then, and the witness was in
charge of the ship. He was at the
wheel and did otinterfere. The next time,
the mate saw man struck was when the
boatswain struck McGivern with the gasket
There was nothing to prevent McGivern's
cries being heard over the ship. Did not
known that the men were obliged to turn in
with their clothes on. Had seen Burns
struck. Never talked with the master in re-
gard to the treatment of the crew. Did not
know him to give directions to prevent the
of the crew. He had never
seen crew treated as this one was. Wit
ness saw enough to convince him that as
saults were quite frequent ON board the YES
sci. The officers seemed to consider Burns
a fayorite on whom tos practice striking and