The Portland daily press., 1886-12-15

He heard stories at times, but never saw
anybody struck.
John Connolly was next called. Has been
on board the ship five months Had seen the
master strike the man at the wheel on the
last voyage. Could not tell how the man
was struck except that the master used his
hand. Never saw the second mate strike
any man in the presence of the captain
Have heard Mr.. Giyern say that something
was the matter with him six months before
the boatswain struck him. Cross-examined
by Mr.. Lunt he said that McGivern was
the man whom the captain struck at the
wheel Had seen the second mate kick some
OF tne men. Had seen the men with faces
scratched. Witness had endeavored not to
notice anything which went on.
David Edwards of Liverpool, carpenter, was
called. Never saw any one struck or kicked
on board. Knew nothing of the injury to
McGlvern. 0'Neil told the witness that he
had been in the hospital before coming on
board the bark.
Charles Andersen shipped on the vessel
the 18th of March last McGivern told him
that he had had his rupture seven months
before being struck. Had seen men struck
and kicked on board, but not when the
master was present.
Captain Durkee was called and testified
that his crew was signed at Buenos Ayres
on the 18th of October, to be on board when
required. Witness has followed the sea for
seventeen wears, the last five as master
Was on shore the 10Th, returning on board
saturday between ! and o'clock Made
sail IN the afternoon. There was plenty of wa
ter, the only restriction being that the water
should not be wasted. | struck one man
about the first of December for neglect to
obey orders as to steering the vessel, a squall
being approaching at the time. Struck the
man with the back Of my hand and shook
him. There was little blood on the mans
lip. This man was McGivern. Had cuffed
0'Neil and pounded his head against the
deck after making him get up from his berth
supposed the man was Sinking duty. Was
told OF McGlvern's injury by second mate
and gave orders to let the men alone Gave
McGlvern truss for his rupture Knew
that the men were struck by mate and boat
swain but was not aware of cruel and abu-
sive treatment.
On cross-examinationb by Mr. Lunt testified
tnat ne supposed the men signed regularly
but had not mustered the men to find out
Inc men had an opportunity to speak to
MN ana got. answers. The second mate
and boatswain did not leave the vessel by
his advice. He refused to send 0'Neil to the
hospital here because the man did not make
proper request. Struck one other man ON
the passage. Meant that he could have the
men arrested as deserters when he told the
marshal he could have them arrested. Would
then nave given O'Neil chance to receive
medical treatment. Witness said he did not
come much in contact with the crew. Had
been on main deck four or five times during
the passage of 55 days.
lnlS closed the evidence. The Judge as
sumed jurisdiction and the arguments were
opened by Mr.. Bird for the defence, who de-
hned the liability of the captain and review
ing the facts of the case, claimed that no UNI
due violence had been exercised towards the
crew by the captain, or by his officers in his
presence.
Mr.. Lunt followed and claimed that the
capita n was responsible for the maltreat-
ment Of the men and the injuries received by
| two of them.
The court then adjourned until this morn
ing when the Judge will announce his de-
ciSion.
After the adjournment of the court, VIM.
Warwick gave some particulars of the death
of Sparrow, which he had written out. He
states that Sparrow was sick and was mall
treated by the second mate who tried to
make him take some medicine, and after
striking him sent him on the lookout. Spar
row was soon after missed and no effort was
made to find him.