The times. [volume] (Richmond, Va.) 1890-1903, 1895-03-28
CAPT. MEARS CONVICTED
FOUND GUILTY OF BRUTALITY To-
WARDS ONE or HIS CREW.
The General Hancock, of Accomac County
va.-Fined 800 and Sent to Jail
for Three Months.

BALTIMORE, March 27.-Captain JEFF
ferson Mears, of the oyster schooner
General Hancock of Accomac county
Va, was found guilty by the jury in the
United States District Court to-day on
the charge of brutality toward Edward
Merrill, a seaman. The verdict was ac-
companied by "A recommendation to mer-
cy. Judge Morris fined Mears 500, and
sent him to jail for three months.
CAPTAIN Mears is the man who strurg
Merrill up naked in the rigging OF the
General Hano eek, while the boat was ice
bound in Breton Bay, St. Mary's county,
during the February blizzard. lasnlng
him with a tarred rope till the blood ran.
TESTIMONY OF wITNEssEs.
The Baltimore American OF yesterday
says:
The trial Of Captain Jefferson Mears of
the oyster schooner General Hancock,
Accomac county, Va, charged with al
legged ill-treatment of Edward Francis
Merrill (colored), of his crew, was con-
cluded yesterday. as far as the testimony
is concerned. The witnesses Tor
the Government yesterday were Thomas
Quarles, of the Hancock; James Allison,
Robert II. Jacobs and Nelson Harris, all
of whom corroborated MerrilPs story OF
his being whipped, and without any clothes
on. Mr.. Samuel Spalding, who testified
TO the discovery of Merrill In his barn.
and beaten while on shore, and in such
manner that he protested against it;
Deputy Sheriff Charles r. Abel, Of st.
Marys cot nty, who testified TO Captain
Mears having resisted arrest after the
beating. and Deputy United States Mar
shal Zimmerman, who testified that he
saw Merrill two days after the whipping
and that Merrill then showed the effects
OF the whipping. Sheriff Abel said that
when he saw Merrill the boys eyes were
blacked, and his face and head were
swollen, but he saw no blood on him; he
did not see MerrlPs back at any time.
For the defence, William Taylor mate
of the William Austin, testified that he
saw Merrill brought on board the Han
cock and tied up, but he did not know by
whom, then whipped by Captain
Mears. He said Merrill had his clothes
on, and his feet on the deck To prove
that Merrill could not have been hurt, he
said that the man laughed while the whip
ping was going on.
Captain Edward p. Shur. OF Accomac
county, Va, testified that he saw Merrill
whipped by Captain Mears, but the blows
were not hard ones and Merrill had his
clothes on. When asked to take the
rope produced by the defence as the one
the beating was done with, and explain
how Mears whipped the colorpd boy, Cap
tain Shurn created laugh all around by
using the rope most gently; the strokes
would hardly have Killed a fly.
Washington Marshall, OF Accomac
county, mate of the Hancock, denied that
Merrill was thrown from the rafters to
the floor but acknowledged that Zeb
Mears Jeff's brother. struck Merrill with
his fist while on shore, and that JEFF told
his brother TO stop.
Being asked If the men were not locked
up In the forepeak every night, the mate
admitted that a bar was placed across
the hatch every night 50 the men could
not escape.
William r.. Marshall, cook Of the Austin,
Captain Zeb Mears, said he was in the
Spaldng barn when Merrill was found,
and that Merrill jumped to the ground.
Captain Zeb MearS struck him with his
fist, Captain Jeff. Mears interfering ana
told the men there not to strike him any
more. John Dustin and Captain Drum
mond, of the General Grant, tied Merrill
up, with his feet on the deck, with his
hands just above his head Merrill had
on his coat, two shirts and a pair of
pants. Captain Mears came out Of the
cabin and struck Merrill four or five
blows with rope about his legs Merrill
never cried, or made any complaint Mar
shall said Merrills face was not bruised
or swollen. In answer to Mr.. Marbury,
Marshall said he couldn't say why two
men who did not belong on the Han
cock should tie up one of the crew.
George G. Olney saw Merrill jump from
the rafter to the floor in the barn. When
they got aboard ship, Captain Mears and
witness and others went into the cabin,
Mears saying not to medde with Merrill
any II ore. They remained down ten min
utes, and when they came up Merrill was
tied up. Captain JEFF Mears then took a
rope and struck Merrill four or five
blows.
Captain Mears testified in his own be-
half. and said that he didn't intend the
whipping for fun, and he did not think
Merrill laughed while being beaten. He
claimed however that Merrll's feet
were not off the deck that the boy was
clothed, and that the blows inflicted were
not unusual in severity or cruelty inflicted
When beaten, he said, Merrill promised
not to run away again. He said a man
named Jim Jester found Merrill in the
barn, and that Merrill jumped down. He
did not himself strike Merrill. Captain
Mears acknowledged the crew were
locked up in the forepeak at night As to
resisting arrest, he said he told the sheriff
he would go If there was any authority TO
take him off his boat. and that after
wards when the big posse came, ne ran
away because he had heard threats that
his boat would be blown out of the water
In answer to question put by a Juror,
he said he had heard the 81. Marys people
had hard feeling toward Virginia oyster
men.