THE PETREL AFFAIR.

New Zealand Herald, Volume XXIII, Issue 7660, 10 June 1886, Page 6

THE PETREL AFFAIR.

9 » - r [BY TELEGRAPH. — OWN REPORTER.] Russell, Wednesday. The consular inquiry regarding the Petrel was resumed at one o'clock to«day in the public hall, before Mr. Stepheneon, American Consul. Mr. J. P. Campbell appeared (on behalf of Captain Webb) to advise the Consul and assist In the inquiry. It was anticipated last night that Captain Reid would ask for an adjournment, as he had not been able to prooure counsel from Auckland, but, as he has been advised that the present inquiry is only a preliminary one to asoertain whether or not there ware any grounds for a fuller investigation and charge, he has decided to let the inquiry proceed. There was considerable delay in opening the Court. The Consul had sent written orders to six of the crew to be in attendance this morning, but they sent a verbal message baok refuting to come unless the whole crew came in a body. Of course the Consul could not contient to leave the ship without hands, and some one in charge. He refused, and called the police authorities to assist him. Constables McGilp and Lamb accordingly wont off to the ship and brought off nine of the crow in a whaleboat. The mate, Foley, who was on the beach as the boat landed, met, and shook hands with the men, but the captain kept away from them. There was a long discussion amongst them as to whether they would give evidence. They seemed to fear that unless the whole crew was together there was some danger to themselves, and it took all the persuasive powers of Constable McGilp and Mr. Henderson, who appeared for the crew, to get over their fears. They finally stave way, the ship's officers wore present, viz., Captain Keid, Foley, first mate ; Mendoza, second mate ; and Gonzales, third mate. Peter Lawrence Gomez, a native of Cape de Verde Islands, was accepted an interpreter. The Court commenced at eleven o'clock. The captain was about to make a statement to the Court. On the application of Mr. Henderson, witnesses were ordered out of Court.

Mr. Campbell said ho had come with instructions from the Consul in Auckland to investigate the charges to the utmost,without fear or favour to anybody, and every person interested could make their statements without fear. The first witness called was Nicholas Lawrence, a boat-steerer, a Portugese, who said he had no statement to make unless the boat's crew were all on shore. Mr. Campbell thought the interpreter told him that ho could make any statement. They could only hear one man's statement at the time, and their object was to ascortain the truth. Mr. Henderson pointed out to him that he appeared for the whole of the crew, but the witness still declined to make any statement. Thomas Cook was then called, but he said he would make no statement till all hands were ashore. Mr. Campbell explained that they could only take one man's cvideuco at a time, and it did not matter whether they were ashore or on tho ship. Every man would .have a full opportunity of making a statement, and all the Court required was to aucertain thu truth. Mr. Henderson pointed out to him that he appeared for the crew, and would watch his interests with the crew. Mr. Steadmau then appeared on behalf of the first mate. Tho witness then gave evidence. He shipped as cook, and acted as such until two or three mouths at*o. When he left home he was in the galley, and the captain came to him and told him the men kicked up a row about tho meat and grub, and he showed the captain what meat they had eent back and did not eat, Tho witness made a rambling statement about the meat. The captain threatened to pitch him oat of tho galley, and kicked him. The first mate kicked him two or throe tiinea, and heaved him over the windlass. This was after they left Norfolk Island. He produced a note made by a man for him, as he could not write himself, of the date (October 30) on which thu captain struck him when looking after the hose. After ltaving Norfolk Island the mate heaved a club at him, which would have killed him if it bad hit him, because he did not obey his orders, and in the afternoon he struck witness on the back and cheat. Captain Reid sent him aloft when he was unable to go. He was sick from the time ha left home and the captain gave him medicine fro n the time he left home till he reached port. It was as much aa he could ilo to get aloft. He complained to the fourth mate that; he could not again go iloft, but Morgan, the fourth mate, told hi.n it waa the captain's orders, and he must go. When he got to the foretopmaet head he tried to get up, but his hands were Bumlnd, and he could not roaoh the foretopmast r 'Bß' n K- The witness was proceeding in his disjointed statement, but Mr. Campbell informed him that he muht confine himself to separate acts of ill-treatment, That was what they had to inquire into. The witness proceeded to say that being unable to hold on, ho fell down from tho foretop to the bouse, and he was not yet well. About the coopur, he said after leaving New Bedford he saw the captain beat the couper, kiok him in the face and beat him in the face, and make him bleed. Hβ saw tho first mate alao beat him, kick aud pound him, and pall his whiskers out. Tim mate asked witness two or three times what bo wau poking his head out of the galley for when he was having a racket with the men. H» saw tke llrst mute boat the cooper with a piece (if rope all the way forward, and he saw the cooper down the forehold, and a man, whom ho did not know, scrubbing him witn aand and brink. JJo coult not say whether any of the officers were present. The captain ivaa on the quai terdeck. Hβ saw the firnt mate kick the caoper when the latter had a knife in his mouth.

In answer to the captain, tho witness aaid he could not remember the dato, but he was kicked ami beaten in regard to the meat. One of the men had informed the captain that the cook had advised ttio men to refuse duty. It was for going forward to the men that he was kiukad by the c&ptain. Ho denied that he had done so. The captain did tell him, in regard to going aloft, that he thought he wa* able to go aloft with the other men when the weather was good, and he had not told thu captain ia the interval between that time and the time he fell from aloft, that he was not able to do that work. At this stage, Mr. Henderson who had been informed that he could be allowed to speak in the inquiry, said that he should advise the witueas not to answer any other questions, and the other witnesses not to put a foot inside the Court if the inquiry was not conducted in the ordinary course. He waa engaged to watoh the interests of the crew. Tho Consul told Mr. Henderson ho would be quite willing that he should appear and advise, but bo would not allow him to take part in the proceedings. Mr. Steadman asked whether this also applied to him, and was told that it was so. He contended that in ordinary cases of the Police Court counsel were allowed to appear and examine, although not to comment on the eridence. Mr. Campbell said this wae not a Police Court, but a Consular inquiry, which under ordinary circumstances would be held privately, but to which in this case the reporters were requested to be present. After some discussion the examination was resumed, and the witness said that before the captain ordered him aloft hn told the captain he was uuwell and unable to work. He waa in the galley when ho saw the captain b«at and kick the cooper. Hβ could not tell tho dato, but it was about two months after leaving New Bedford. It was about a month after this that ha saw Foley beat him. It was two or three weeks after Foley beat the cooper that he saw him in the forehnld, but he did not see who was with him. tie could only see the cooper sitting down stark naked. On the occasion when the cooper had the knife in hie mouth, he was ou the quarterdeck, but why he had the knife iu his mouth he did not know. It was at the last whale they got that the mate threw him over the windlass, and the captaiu was then down the forehold stowing oil. The steward was with witness at the time.

Iu reply to Mr. Foley, the witness said he wae taking oaro of the pigs before being thrown over the hatch, and was forward of the windless when Foley camo out of the hold, not where be had been left. Mr. Kuley asked what he waa doing there, and he replied that he felt sick. He did not hear Diok eay that he ought not to be sick, as he had eaten as much as the other men. Foley told him then he did not require him to work, only to obey his orders, and told him to come abaft the windlass, and

look after the pigs, where he had left him before. When Foley threw the stick of wood he was near enough to be struck, but it did not strike him. He came abaft the windlass when the mate called him. Foley put hie hand ou witness's shoulder and asked whether he was going to obey his orders or not, that he did not want him to work, only to obey his orders, and look after the hose. When the mate threw him over the windlass he fell on deck, and when trying to get up he kisked him and slapped his face, and witness then went where he was sent. The cause of- the captain illtreating him was on account ot his going forward and telling the men about refusing duty. The mate was aft when witness was forward circulating this story. He was not in his place when he was forward with those men, and he knew at the time it was againet the ship's rules and the rules of every ship. He did not know who found out that he was forward among the men making this trouble, but it was found out he thought, by Foley, who found that he was starting this disturbance, and reported it to the captain. The captain called witness, and questioned him about it, and witness denied it. He admitted that he had made the same disturbance in the last ship he was in, the Active, and told the men to refuse work for better grub. The ehip was then in port at Mangonui.

OASES BEFORE THE RESIDENT MAGISTRATE. At the luncheon adjournment the mate's oroes-examination was not concluded. A new phase of the proceedings then occurred, which necessitated an adjournment of the Consular inquiry, as the principal parties had to attend the other Court, held before the Resident Magistrate, Mr. J. S. C'lendon. Thomas Condon and John Reid were charged with the larceny of a boat, the property of Hone Mahu. Constable McGilp asked leave to withdraw the charge, The men were found in a small boat on the open see, and wore arreatod for their own protection, The case was struck out, and the men were discharged from custody. Henry Swain, Fred bill, Chas. Bauke, and Henry Kenoy, were charged with deserting from the barque Petrel. Mr. Stead man appeared for the prosecution, and Mr. Henderson for the defence, and pleaded not guilty. Captain Reid, master of the Petrel, produced the ship's articles, and identified the accused as his ee&meD. They left the vessel on the 29th of May, and were absent till nest day without permission. lAt this stage, at Mr. Henderson's request, witnesses were ordered out of Court, aud the witness was then cross-examined. J The men had leave of absence until half-past nine in the evening, but they did not return. The men had been on board einoe they left New Bedford last July, aud they had then on boar,d a man named Britton. Here Mr. Steadman objected. This was ouly a case for the muster to prove the desertion and the signatures to the ship's articles.

Mr. Henderson said his defence would be the ill-treatment of the men, and that they left the ship to go to Auckland to see the Conuul, having been informed that they could get no redrese from the Consul here. Mr. Stead man still submitted that there was no power to question anything which occurred on the high seas, when tho ship was part and parcel of the United Status. This waa merely an action under the Foreign Seamen's Aot, and the other matters to which Mr. Henderson referred were the subject of an inquiry in another Court. Tho Boiich thought Mr. Henderaon had the right, under the Summary Proceedings Aet, to plead extenuating circumstances, but uot to go beyond what referred to the men themselves. Mr. Steadman still insisted that the Court could not inquire into what took place on board the ship. Under the Foreign Seamen's Act it was only necessary for them to prove that these were articled eeamen if they were absent without leave, Mr. Henderson contended that they had the right to plead as he did in mitigation. The Court poiuted out that the fact of the desertion waa within the power of the Court to determine. Tne other matter was now being dealt with by another tribunal, and therefore need not be entered on here. Mr. Henderson submitted that the decision of this Court would influence that of the other Court, but Hie Worship did not see how it could be so, as tho other was a Court of Inquiry. It would be for a Court of Admiralty, or some other, to take cognisance of what took place on the high seas. Any act which took place in the limits of the colony it would be competent for him to bring up in relation to the case. In hie further orose-ex3rnination, the captain distinctly denied having told the men there was no use in applying to the Consul here for redress. His first officer had been discharged, but he declined in this Court to give the reason. They had no words with regard to the crew.

Constable McGilp deposed to arresting the' prisoners about seven or eight uiilea from Russell, ia the direction of Manawora. Hβ went after them on ajcount of iuformation from the captain that they were deserters. They resist d at first until they knew his commission. Iα crosa-examinati >n the witness said the prisoners said they would talco 20 years in gaol rat'ier than go back to the ship, and said they were ou their way to Auckland. When asked why they did not apply to the Consul here, they said that from statements made by the captain at Era they did not think they would obtain any redroas from tho Consul here. Chas. H. Foley, late first' officer of the Petrol, deposed that the four prisoners were suameii of the Petrel. They came ashore on liberty till haif-pusr nine, but they did not roturu with him, and he did not give thorn permission to further absent themselves. In crosu-oxamination he said he never heard tho captuin eay they would get no redrees from the Consul at Rusboll, but he understood it was round the vessel. Mr. Hendereon was then proceeding to address the Court on the horrible cruelty perpetrated on board the Petrel, but Mr. Steadman eontendod that this was not evidence, but His Worship good-humouredly said that they allowed a great deal of latitude to gentlemen of tha bar, taking their statements for what they were worth. When, however, Mr. Henderaon to refer to the ease of the oooper, Britton, he drew the line, and said he was not befora the Court. Mr. Henderson was also checked by the Court when he referred to the captaiu as an "inhuman brute." Ha was told he could only produce evidence as to what took place in port. John Reid, a seaman of the Petrel, said he was aware some of the seamen had determined to lay a oomphiint of ill-treatment before the American Consul in Auckland, because they heard the captain say that the Consul here was a very particular friend of his, and that he had made him (the Consul) a very nice preeent at some time. It was within his knowledge that the prisoners deserted to lay their oomplaint before the Consul in Auckland, as they could obtain no redresa here. tie denied that he was a deserter. He had leave, and intended to deaerfc, but ho was found at sea in an opon boat. He wanted to get into prison with the others, for there they would get & meal BOino times.

ThomaH Cook, cook of the Petrol, waa also called, lie had no evidence to give, but in answer to Mr. Stead man he acknowledged that he had triod to stir up mutiny ia the ship, Ueury H. Wymau, boat-eteerer, was also called, but he knew nothing of the reason why the prisoners left the ship. They did not recognise the Consul here as a Consul, he being appointed by an American whaler. He had heard the captain say he had au old vvomau here who would catch any one of them. He did not hear him say that ho could have him for a, barrol of beef. The witness, when hie examination was fiuished, was very anxious to be allowed to make a statement. Gouzalee, the third officer, deposed that the men left the ship because of ill-treatment. Such treatment he had never seen on board any ship. The witness was unable to make himself understood, and an interpreter {Peter Lawrence, of Cape de Verde) waa aworn iu, and the witness then said he did not know that the accused were about to lay a complaint Vefore the Consul here or clsowhere, nor did he hear the captain say there would be no use in laying a oomplaint before the Consul here, as he was a friend of his. Thomas Condon deposed that prisoners left the ship on account of ill-treatment to go to complain to the Consul at Auckland, as they heard the captain say that the Consul here was a particular friend of hie, and he gave him very nice presents. The witness acknowledged having attempted to desert. His Worship said the desertion was what he had to deal with. On that be would

convict, and sentence each to a month's imprisonment in Mount Eden. CHARGE OF AS3AULT AGAINST THE MATE. Charles Foley, firnt mate of the Petrel, was charged with assaulting Antonia de Mendoza, by striking him on the face and kicking him, on the 7th instant. The plaintiff was the second mate of the Petrel, and the defendant the 6rst mate of the same vessel. Mr. Steadman appeared for the defendant. The prosecutor obtained a brief adjournment to obtain a lawyer, but failing to do so ke elected to conduct his own case, the police declining to have , anything to do with it. The prosecutor gave evidence aa to the defendant having struck him in the face, in the hotel, when he wa3 ; o company with the third officer, and in cross-examination he denied having tried to stir up strife between the crew and Mr. Foley. The witness, although a Portuguese, spoke intelligible Euglish. Joe Broom, another Portuguese, who witnessed the assault, and for whom Peter Lawrence interpreted, also gave evidence. Constable McGilp also gave evidence. The defendant's version was that the fie;ht was broueht on by plaintiff, and he got the worst of it« The Bench considered the evidence was sufficient to show that there was an assault, but not an aggravated one, and imposed a line of 53 and ousts. ANOTHER CHARGE.

Charles Foley was charged with assaulting Marion, a seaaian of the Petrel, by kicking him on the face. Mr. Steadman objected to the information, as it was laid by Constable Coughlan, and it was not shown that he was authorised by the man alleged to be assaulted. After lengthy argument this information was struck out. Russell, 7.50 p.m. THE CONSULAR INQUIRY RESUMED. The Consular inquiry re Petrel was resumed at half-past six o'clock, and the witness Cook was recalled, but after waiting till a quarter to seven, Foley did not appear to continue his cross-examination. The second mate, Mendoza, was asked whether he desired to ask any questions, and was informed that there was nothing in the evidence of the witness which affected him. There was no charge against him in it. Mendoza said he had no questions to ask. Cook's evidence was then read over, and #hile it was being read, Foley and his solicitor came into Court. He was asked whether he intended to continue his crossexamination, but he said " No." John Reid, seaman, who shipped as a greenhorn, and still remained ia that capacity, was then ealTed, and stated that when two days out a rope was put round hie neck, and he was pulled on deck from the main rigging. He wassubs*quently struck at the wheel, after leaving Fayal, by the second mate. The next ill-treatment he received was when he was sick, and the captain made him come on deck and work when he was hardly able to stand on his feet. William Britton had shipped as coopar, and did his work well for about a month. The first of his ill-treatment ho saw was seeing him in irons. The cooper was eating his dinner on deck before they reached Fayal, and he saw the captain and him have words together, and the captain weut up and kiuked him in the face. He next saw him in iron, hands and feet, and working his way to get a drink of water, whicu he va3 forbidden, without permission of the officers. Hβ then saw the captain go up, throw him down on deck, and stamp on him.

In reply to Mr. Campbell, witness said he could not fix the date, but thought it was before they reached F*yal. The next ill-treat-ment he saw, the cooper was sitting by the mizan matt, and the captain kicked him on the nose, from which blood the flowed freely. He was not then in irons. The next he saw of the ill-treatment, the cooper was sitting near the forehatoh, and the captain went up to him, kicked him on the nose, and split it half way up. He next eaw him on the main hatch, and the captain had the cooper's washbasin in his hand which contained urino, and made him drink it, and dashed the remainder of it ia his face. He next saw the cooper taken down the hatch by the firat mate. He was stripped st.irk naked and scrubbed with brick, canvas, urine and sand. Witness saw this himself from the deck, but, in reply to Mr. Campbell as to who was present, he said there were a good many present, but he did not ffccolloct who. The captain was not there, but the first mate was, and scrubbed the cooper, and left his hands and face all raw and bleeding. He subsequently saw the mate strike him on the ear. and pull out his whiskers by the roots. He was beaten round the deck almost daily with a knotted rope by the first mate, until his legs and body were black and blue, and afterwards he saw him thrown over the main hatch, and jumped on by the second mate. The witness further described the illusege to whioh the Cooper was subjected, as , already detailed. The witness gave his evidence in a manner which showed that he had come prepared, for, commencing with the captain, he followed with the mate's and second mate's illtreatment of the cooper, and then proceeded to detail the circumstances of the cruelties to which he was subjected by the first and second mates, as already dotailed. He was unwell when he shipped, and he was beaten round the deck by the first mate, also scrubbed with brick and sand by Charles Jones or Kennedy by order of the first mate. He heard Foley give the order. He was scrubbed till his face, hands, chest, and feet were bleeding. His legs were swollen to about a foot and a-half in diameter. He was forbidden to go to the round house, so he had to go over the side, and he was washed over and drowned. He also saw Foley olub Hiji ou the foretopsail yard shortly before they reached port. He also described the marks on the cooper when he was dead. He had a wound on the left temple a half-inch deep, and three-quarters loug. Both eyes were discoloured. His left ear was swollen and discoloured, and his legs and back were black and blue. He also saw one of the Portuguese struck repeatedly at the wheel by Captain Reed oa different days*. This closed his examioation-in-chief, and his cross-examination was commenced by Captain Reed. The examination will be continued to a late hour in order to get through as much as possible to make up for the postponements.