Mr. R. E. Wansewnrour appeared for the Defendant. The Plaintiffs conducted their own ease.
Mr, Warnsweronr asked his Worship to order witnesses out of Court, a request which was complied with.
F, Horree, was sworn and stated—I ama German and an A.B, on board the Minister of Marine, I shipped in New York. The Captain struck me on the first day of going tosca, I did not understand something the Captain said. He struck nie in the eye, and then he kicked me three or four times. This happened in the morning at about 11 o'clock. Myeye bled much. We were setting sails at the time. I was going to lend the other! mena hand. I do not know why he struck me, maybe it was because there were too many men at one place. He did not say why he struck me. He only said "get out of this." I was bleeding for a couple of hours. Some of the men saw this, I was starved the whole voyage on board. The Captain came down from the poop and kicked me after he had struck me in the eye. He kicked me on the body. There were no marks of the kicks. The Captain never struck me any more during the voy-
Mr. Waneewmiont—I came to the office to take out the summons myself. I
terday. I had leave to go to the Consulate, was only struck once. I left the CaP red Thave been to sea since 1880. I shipped san A.B.
By the Cover—lI stayed at the " Globe" till this morning. There are two of us rs, again there.
RIcssON, a Swede, sworn, stated—I am an A.B. on board the ship. Ishipped at New York, I remember the first day after leaving New York. I saw Fred (last witness) struck by the Captain, I saw the Captain strike and kick Fred who was pulling the mizzen topsail halliards. The Captain struck him in the right eye. The Captain got hold of my eye too and called me names. did not see any more of the assault on Fred, as I had my head down, Ido not know how many were hauling on the hal-liards, and I did not see Fred knocked down. I saw another man knocked down and kicked by the Captain. I was standing close by at the time.
By Mr, Warsewrtont—I do not know at what time-this was. It was in the forenoon, but I cannot say at what o'clock. I saw blood right under Fred's eye. Ido not know if he washed his face after it. T left the ship yesterday, We had leave to see the Consul, We were not told to stop on shore all night.
By the Covrr—I stopped on shore yesterday because I could not expect any food, not having worked that day, The Witness complained of being starved on the voyage.
C. Soxensey, sworn, stated—I am a Dane, and an A.B. on board. I joined the ship in New York. I saw Hopper struck on the day we left. The Captain struck jim, because there were enough men to hoist the sail. The Captain struck him and he fell down. I did not see what became of him after that. Fred made no reply to the Captain. Ido no remember who were hauling on the mizzen royal halliards. I saw the blood on Fred's eye after the Captain had struck him. Fred fell, because he was knocked down.
By Mr. Warxewricnt—He fell on the port quarter of the poop. I was near the place. I did not see him get up again. I was going from one rope to another. J am not sure which eye it was. I think it was this (pointing to the right). I have not been disrated. Iwas on board last night, G. Letacovr, a Russian A.B, sworn, stated~I joined the at New York. The Captain struck me and Fred. I could not see what Fred was doing at the time. The Captain struck Fred in the face. I saw blood on his face.
Mr. Warxewricut—I did not see Fred fall down. 1 was hauling the same
after dinner. It might have been 3 or rope, It happened in, the afternoon 4, but I do not remember. I think the mate was forward at the time, I did not see him aft.
The Derenpant made a statement as follows:—At 10.30 we left New York, I was not on deck till all sails were on the ship. I was below writing letters. I never struck the man. I came on deck at about 1.30 wi. on 80th July. I was below when they commenced to make sail. All I have to say is that I did not do it.
P. Bisnor, sworn stated—I am Chief Officer of the Minister of Marine. We left New York in the morning and were towed outside the Bar. I superintended making sail. The Captain was below part ofthe time. Iwas in of making sail, I was forward, The Captain was inner, We commenced to make tooks, think this was sail between 3 and 4 o'clock in the afternoon, it may have been a little earlier. I did not se any marks on Hopper's face. I saw lots of them with black eyes; some came on board with black eyes, and they quar relled in the forecastle, If the Captain had struck any one I should most certainly have seen it. Isaw the Captain use his hand on no one. He gave orders that there should be "'no knocking about" on board when we left New York. I have not seen any case of assault and battery, no complaints have been made to me of assaults committed on any of the men. If there had, I should most certainly have attended to them.
By the Covrr—It is very probable I should have seen the assault if it had been committed.
The Covrt—You could not see two ways at once.
The Wirvess—Pretty nearly I could; I have been twenty-two years to sea, and if there had been an assault there would have
round, been 9 noise, and T should have Tooked Adjourned till Monday at 10 a.
Text read from the printed page and cleaned; old type leaves the occasional error.