Year: 1871




for alleged crueltes to the OF that vessel on her
late voyage from Liverpool TO this port While tho
HERALD has at all times been the principal medium
through and by which the seamen OF our mercantile
marine have had justice done TO them In port when-
ever 1t was charged that injustice and cruelty was
exercis ed toward them at sea, where they had
redress, stll 1t has also been the medium FOR the
advocacy OF the OF captains officers wpen-
ever It appeared that complaints and charges were
hastily and improperly made against them.


The charges lately made against Captain Peabody
and his officers by several Of the OF the Neptune
are case In point. The captain was charged with
The most inhuman treatment OF his men during the
latter part OF the voyage and the greatest publicity
was AZ once gwen the complaints preferred
against him. This one side OF the story, TO
when great prominence given In the interest OF
the men, and to the great injury, possibly Of the
accused. But, on the examination OF the COM
palnants, under oath, whose testimony Is given be-
low 1t Will be found that circumstances operated
more to cause suffering to the men than any natural
or studied Cruelty on the part Of Captain Peabody or
his oflcers. For proper understanding OF the case
we refer our readers 10 the testimony elected ut the
examination held yesterday before Commissioners
Shields


THE EXAMINATION.


The United states Us. captain PEABODY BdrtLete
S. Mayo ana - ShteGds.-The defendants are
charged with having, on board tho American ship
Neptune, while on recent voyage from Liverpool
10 New York, cruelty and inhumanly treated num-
Der or the crew under the circumstances already
set forth In several issues OF the HgRALD. An an
nouncement having been made that the first public
Investigation into the charge would take place yes
terday morning before Mr. Commissioner Shields at
eleven O'CLOCK, the court room was considerably
crowded at that nour. Captain Peabody and the
mates were present.


Mr. A. H. Purdy represented the United States
District Attorney. Mr. Robert Andrews acted az
defendants.


THE WITNESSES ORDERED OUT OF COURT.
The witnesses not under examination were or
dered out OF Court and desired not to come In till
they should be called.


Counsel suggested that the Captains examination
should take place separately from that OF the mates.
Defendants Attorney said In reply, that the CAD
tain could not have separate examination, AZ he
had gwen bail, and the law was that when man
had given bail by that alone he waived an exanina-
Lion. The only way he could have one was on the
motion of ~ the 6 District Attoney IA ana the District


Counsel-Then we VIII 90 on with the examina-
tion OF the captain and the mates together.
TESTIMONY FOR THE Observation-Disclosures OF


EDWARD REIsS.


The first witness called was Edward, q colored
French negro, wno in the first part OF his examina-
tion. spoke IN such bad English to be almost un-
intelligiole but subsequently no was examined
his hands bound up, and was barefooted. In reply
to Mr. Purdy, Reiss said:-l am q sailor and sailed
on the Neptune with Captain Peabody; |
on the 26th OF December; was put In the starboard
watch; when went on board did what the cap



mate was the person who struck me first, about
twenty days after leaving Liverpool; was on the
topsail halyard; said l could not pull because my
hauds sore; after this ne cursed me and struck
me; he was on the topsall halyard when he struck
and Kicked me when was down; the mate took me
into his private room and punished me; that was
about twenty days after we were OUT first the cap
tain gave nae something to put on my hands,
and in the. cabin he struck me Ia the
face. with his hand; he struck me in
the face twice with his hands; he told me TO 20 for
ward to the pump, and oonld only pump the ship
with one hand; after this one OF my hands got very
fingers dropped ofr; the captain struck me in the
face with his closed hand several times and kicked
me behind: the second mate was the next one who
struck me; the second mate came down to my bunk
where was asleep and told me To go aft to the
wheel; wens to the wheel, and said could not
work. whereupon the second mate struck me with
his fist in the face several times, as he was In the
habit OF doing whenever he met me; the next time
mate met me on the deck, used abusive language,
called me Frencnman and said he had a revolver
with which he would shoot me- as he did not like
Frenchmen; he then struck me and sent me on the
poop deck saying that my hands were not frozen
my head: the next occasion was When was in the
kitchen, sitting by the re the second mate walked
up to me and slapped me me, on the hand M that = was was
frozen hand bleeding alter the beating; after this
last occasion mention no one struck me. but was
pushed about by the mate; the captain did lot
Strike me- only az related have William Ollt-
yer, one OF the seamen, struck py the second mate
times; have seen the others pushed about, but did
not see any one else struck bnt oliver.


Cross-examlned-I left Liverpool the 26th Of
December; the weather during the first twenty days
out was very cold and there was a good deal OF
snow on the deck; 1t showed three times during
these twenty days. do not remember the day IL


q. How had the weather been prior to the first
snows A. 1t was very good weather; not very cold


Q. As to the first striking, were you hauling when
the mate struck your A. was pulling and hauling;
Itold him my hands were sore.


O. What kind OF weatner was 1t at the time Of this
nrss striking When you Were o haanS az tne sopsn
there was no snow at that time on the deck
q. What made your hands sore at that timer A:
My left hand was swollen on accounG OF the hard


@. What was that hard work. Was 1t not ordi-
nary work on board the shlps A. 1t was the ordt-
nary work that had to be done on the ship.
Q. Had you up to that time done any more work
was equally distributed did no more than the
other men In my watch; was ordered TO pull ut the
topsa hayards; was on deck when that order
Q. Were you not In the galley when that order
was given your A. NO; was on the deck
previous 10 pulling the halyardss A. assisted In
reenng the topsail.


q. Who was there besides yourself on that yardf
A. Ali were on 1t. Everybody IN general was on the
yards when the topsail was reefed.


Q. Do you mean the whole crewS A. Yes.


q. Was there any one on deck at tnat timer A.
All except some small ones-some children.


q. Were any of the crew on deck at the time OF
the reenng9 A. No.


Q. Was anybody at the wheel at that timer A.
Yes, two sailors.


o. Was anybody on the lookoutY A. Yes.


q. How many2 A. One man.


O. Was the lookout man on deckp A. Yes, he was
on the galley forecastle. do not remember the
name Of this man.


Q. What part of the yard were you on OF the time
they reefed the topsail? A. The srarboard side


z. How far from the mastf A. At the outer end
OF the yard arm


Q. How many men were on the yard at the star
board side at that tlmes A. About thirteen men;
this reefng OF the topsall at twelve O'Clock at
night; after this reefng came down TO the topsai
hayards on deckj took hold Of the hayards with
one hand-the right hand.


Q. Did you not use both hands in reenngs A. 1
used but one hand


Q. What did you stand on while you were reeing9
A. ON the fOot-rope.


Q. What hand did you reef with2 A. The right
hand.


Q. DID you hold on by anything while reefnga
A. held on with my left arm around topsail lift.