Shanghai, 14th March, Before 0, N. Deswy, Exq., Consul Generat Acting Judicially.
R, Ganrics, A Osvorasses, Niets Are and Byte Orro, able seamen were il by Capt. Clarke of the American Ship Sunshine, with being drunk and dis-on board that vessel on Sunday, led" Not guilty Court limping and only able to walla ith difficulty, Capt Canes ug duly sworn erated that personally eu nothing of the alleged disturbance knew of it was from the report of the firat and second mates and other officers, Winttam Mackenzte ho was chief dinner on Sun in the f until the tion to the circumstan forward and found the four the Court fighting interfered and stopped ud in il loc following moruit how they got the from a must have been vor; was smothered it out of the fore-previously broken his Tog at still unable to walk properly.
Gangitcx, when called upon to plead, admitted to being drunk, but vaid there was no disturbance; the mon were only #kylarkin Niwts ATKrxsox, who spoke indistinctly and. with a strong foreign' accent, long rambling star to the nor the could possibly have been, dru had only ne bottle had struck him avd that the on one occasion ud had made a hole right through.
examined when it transpired accused in a moment of irritation on of the latter's insolence and disobedience of orders. mate explained that when he engaged in setting
and royal; the whole of them were col els' particularly so. He struck Niels and the latter drew his kui Orzorasses also complained of being struck by the mate. He said they were eky-larking and had been drinking, but were not drank. When asked where they obtained the liquor, he replied. that they had got a bottle of gi from a bumboat, He was not drunk; nobody was drunk, He complained that' the mate had struck him when he was at the wheel on 26th December last and on other occasions, He ad never been struck by the captain, bat had seen the latter strike other men Hgesas Orro admitted to getting a bot te of gin from the bumboat which he and the others had finished. He was not drunk nor were sny of the others. Asked. what he called being drank, replied he would call a mau drunk when he staggered. He did not stagger nor did the Others; be know everything that bad happened. He then described what had taken place and algo what the mate had done. He complained that the mate lind struck him, and said the Captain and mate bad struck several meu. Ho had never complained to the Captain that the mate had atruck him because he know it was no use, He had often agen the Captain do the same thing, His Hoxour said he would enquire into the complaints made by the accused, On the occa sion in question they were drunk and must be punished a8 they wore reepousible for what they did, At the same time it was plain there lind been a good deal of hard treatment, He animadverted in strong terms on the conduct of the captain and mate in striking the mee, Ho aald he would defer sentence, ordered the accused to return to the ship and appear hereafter with the remainder of the crew when the matter of their complaint would be gated.
The mon, heated by Garrick, firmly but respectfully refused to return to their ship,
gaol. whereupon His Honour committed them 18th Marob, Cuanies Entcxses, Nrets A. Litprck, Jomx Houwmera, Orro Rosexorantz, Hexry Boxbeck, Aubert Orro, CARL Jenny, Conneuius Nyssex, a Ove Osnist-TENSES, seamen belonging to the American ship Sunrise, charged Roseer K. CLarke, Captain, Wat. McKENziE, tiest mate, and GurrorD, second mate of the cruelty during to Shanghai.
The parties to the suit appeared personally, The complainants filed affidavits setting forth the nature of the assaults and cruelty the accused put in replies deny justifying the alleged inet Cuarues Erickses, sworn, Och Feb, last the Captain had strack with a belaying pin over the head and had left a mark (came forward and showed the mark to His Honour), This had happened the starboard side on the 20th Feb.; the Captain had struck him because be did not clean the scupper hole properly. The 2nd mate who was there at the time fouad fault with Lim and began to fight with hi witness pushed the 2ad mate from him and the Captain came and knocked him down with a belaying pin.
Crosse-examined by the Captain—Tho Captain was in his hammock; witness had a knife in his hand and the Captain told hit to put it up and he did sv, Capt. CLARKE hers suggested that as he would require the evidence of the Zad mate on own behalf he might be ordered out of Court as well as the remainder of the complainants, His Honour concurred and the was only the Capt 50.
it in his hand and fearing what Capt. CLarKe explained that secing Ericksen
he had rushed between them was an ordinary sheath at broken off which he was using to clean the scapper hole. The Captain had never treated him cruelly at any other time although he had often called him out of his name. Wi ed by the Court what Captain had called him he mentioned ithers which cannot be repeated ituess had often seen the Os of the crew. lo mentioned Niels Limbeck in particular whom he had struck with his fist in the face on his lips. Limbeck's mouth was swollen and blood bad come, The Captain struct Limbeck about a sick man in hospital for not keeping him clean. The Captain knocked down Limbeok twice, that is, he had risen uj and the Captain knocked him down a secon time, Cross-examinationcontinued—TheCaptain's hand was sore when he knocked the witue down with a belaying pin, It was in the sail room that Niels Limbeck was knocked Witness ted his assertion that By the Court—About four months ago the mate struck him in the face; he believed it was for some neglect of duty when they were setting the aaile, Gross-examined by the Captain—The Cap-Teaving New York that it they were ill-used tain had previously told the men before
or ill-treated to come aft and complain in an orderly manner; the witness did not complain, when the mate had struck him.
By the Court—The Captain had soon the witness atruck several times by the mate and he therefore thought it would be no use com: plaining. When the mate struck him on this occasion he ad been forward but bad not refused to obey the mate's commands, The mate hed struck him in the face and out him, Witness had seen the mate strike several mon, Had seen him throw a belaying pin at
it for, Charo Jory, but did not kam what he did Cross-examined by the mate, The witness did not take hold of the topsail gear when the mate struck him. The mate had a all maker's palm io his hand at the time, Witness had been forward and had come back, Mr, Mcxznziz, the chief, mate admitted that he hed struck the witness, but' it was with his hand and not with a eailimaker's palm, It was during a gale, Nizis A. Linseox, awora, deposed that he was a native of Sweden and a sailor on board the American ship Sunrise (Witness spoke with strong foreign accent and so indistinctly that it was very dificult to understand him, He charged the captain, first and secon: mates with assault and cruelty during the voyage from New York. The Captain had struck him several times with his fist and had knocked him down on a sail, On one particular occasion he had cut bim in the mouth and lad made a deep out. His face was swollen for a couple of days, The Captain had struck him two or three times before, had called him out of his name (antary expressions mentioned) and had him black eyes, (The witness here mutered into a long account of the fracas in the sail room which was almost unintelligible from his foreign accent and broken English, but which however, red to be substantially: th Captain strike Lysen the sick man in hospital but no one else, About two weeks ayo the mate struck him on the deck and the Captain came up and took the mate's Witness had been struck by Mr. Mate a belaying pin; he had been struck over the d and arms over twenty times, The ma aid not bring the blood with a belaying pin, but had done so with a board witha nail in Had been struck with the board for be: ing too long at stowing a chain.
Gross-examinel by the Captain—Witness, with three others, bad been given charge of the sick man and lad been told that for an: neglect they would lose their afternoon ware below. On the occasion of his being struck the other three had all come out and he (witness) had gone forward, When asked by the Captain what he was muttering about did not say he would not take care of the sick man, By the Court—On one occasion the 2ad mate had knocked him on the head and the Captain had come and struck him aleo, Did not remember how many times he was Knocked down in the sail room and did not remember seeing blood run out of the Cap tain's band, Tue mate struck him again on the main hatch on the night of a heary equall when a ect of sails was carried awa; (The witness entered into a long circumstan: account of the affair scarcely a word of which could be understood except that he had made tome mistake and had been truck for his carelessness.)
Cross-crammed by the mate—When the mate had struck him with a board. wit
Text read from the printed page and cleaned; old type leaves the occasional error.