THE PETREL AFFAIR.

New Zealand Herald, Volume XXIII, Issue 7661, 11 June 1886, Page 3

THE PETREL AFFAIR.

THE CONSULAR ENQUIRY RESUMED. [BY telegram.— OWN REPORTER.] Russell, Wednesday. The examination was prolonged until after eleven o'clock last night. The witness Reid was cross-examined by the captain at some length, but nothing of importance was elicited. In reply to the first mate, the witness said ho bad nothing against him for himself. He used him well on the voyage, and never laid a hand on him. The mate addressed the witness throughout by his Christian name. The witness said that he had come frequently with others of the crew to complain of the dirty habits of the cooper, and they asked that he might live by himself, because he was filthy and mischief-making, and causing a great deal of trouble to the men. He was present when the cooper's ear was bitten, and took notice of it at the time. He saw the first mate scrubbing the cooper with a brick with his own hands, the reason being that he was dirty, filthy, and was not able to take care of himself. On Rome occasions Foley showed kindness to the cooper, and witness remembered saying he would not like his (Foley's) responsibility, and that he had to put up with a great deal. Witness acknowledged to Foley that he was a good man, but did not remember saying that he did not wish to sail with any better. The urine that they had on board was used for the ship's use, washing clothes and their hands when,they could not get fresh water. He never saw it used on their heads, except by the Portuguese when they were lousy. It was commonly used on board a whale ship for scrubbing the ship. As to the rope's-ending he -spoke- of he had seen the mate strike the cook in joke, but ig hurt him all the same. He remembered frequently the mate being down in the forecastle and giving good advice, but did not remember him asking them to be civil and not to do wroug. He was good to the sick and good to witness, and bad done him favours many times and saved him from many a clubbing, and he had dozsis of time? shared his coffee with him at the wheel when it was cold, and also with the sick.

Mendoza also cross-examined the witness. It was after they left Fayal. that he beat witness at the wheel. Tne reafion was, that ha was not keeping . the vessel full, being innocent of the ways of the ship at the time, and knew no better. He could not say when he threw the cooper over the main batch. The witness was further cross-examined as to alleged cruelty by this mate. In answer to the Court, thti witness said he could read and write, but he kept no memorandum-book or diary. He attempted to do so, but discontinued, for fear ■of being punished. He made a start at it, and made two or three eutries. He had not got it now. He destroyed it. He took no note of the ill-treatments beyond this one sheet of paper, which ho destroyed, as he feared being punished. He was one of those who attempted to get away from the ship on Sunday week. He ha«d oppo-tunity of coming ashore before, but having three shirts on was stopped by the second mate. He could not come ashore afterwards, and he never asked to get ashore. He did not ask to get ashora to make complaints, because he thought it was no use, as he heard the captain say it was no use making complaints to the American Consul here, for he was a very particular friend of his, and made him very nice presents. His object in loaving the ship on Sunday week was to be put in prison, He remembered seeing Captain Webb, the Acting-Consul, and his asking if they had any statements of ill • treatment to make. He did not recollect the latter question. He did not listen particularly at the time to what was said. He knew who he was, and was introduced to him. He said he felt confidence in Mr. Stephenson that he would attend to his duty and do as well as be could. Witness made no complaints to Captain Webb. He did not see fit on account of the way he talked. As to tha alleged ill-treatment, he never remonstrated with the captain or officers, nor heard any of the others do so. He had seen the cooper write, and might recognise his handwriting, and the letter produced he thought was his. Before Lake was drowned he saw black and blue marks on his legs. The letter (produced) to the witness was dated 4th of May, 14 days after leaving New Bedford. In some parts it was very indistinct, but was as follows :—" My dear friend : I have taken the liberty of addressing a few lines, hoping they may find you enjoying the best of health, lam at present doing so. I am enjoying as much as can be. At present I like the ship very well ; captain and officers likewise ; and everything promises to make a good passage. We are all well at present, and expect to be at Fayal in a few days. Give my lovo to Minnie. I hope you are all in good health and enjoying yourselves thoroughly. I suppose the girls had awful splendid times while out camping," ko. Thomas Condon, the man who had attempted to desert with the previous witnoss, gave evidence corroborative as to the ill-treatment he had himself received from the captain and mates, and also what he had witnessed in regard to the cooper and Lake. His evidence was almost a counterpart of that given by the last witness. TO-DAY'S PROCEEDINGS.

The Court resumed at one o'clock this afternoon, when the cross-examination of Condon was resumed by the first mate. He remembered the mate advising them for their good, and telling them to come to him when he wanted anything—clothes or tobacco. Ho had tried to keep the cooper free from filth and dirt, and advised him to liv* clean. His evidence generally was to the effect that the mate had treated them kindly, and often saved them from punishment. He (the mate) had tried to keep the cooper clean, and got witness and others of the men to wash his clothes, and he heard the cooper speak well of him. Once he said, " Mr. Foley ain't the worst." This was after they had left Fayal. The witness said that any punishment given by the mate was not given by brutal feeling, and he had heard him a few minutes afterwards express regret for what he had done, and he had shared his coffee with witness and others who were sick during the whole voyage. He had many times seen him pretend to punish the cooper to avoid real punishment. In reply to Mendoza, the witness said he had complaints against him. He punished him for not knowing the rigging, and for many other things. In reply to Mr. Campbell the witness said he could read and write, but took no note of these acts of ill-treatment. Ue had thought of doing so, but was afraid he would be punished if someone told the captain. He first came ashore at this port the Sunday after the vessel arrived, but made no attempt to see the Consular agent because the captain had told them he would do nothing for them. He saw Captain Webb at the look-up, and he spoke to them and told fcbem if they had anything to say to him to say it. He told them that Mr. Stephenson would do fully as well as he could, and that if they had come to Auckland he could not do anything more for them, although he told them to speak. Witness never said a word to him about the illtreatment. Ho had seen the cooper write once, but did not think he could tell his writing. When the cooper left New Bedford he was sane, but he was ill-treated so much that it put him off his head. Witness naw no marks, more than the swelling, on Lake before he was drowned. Henry H. Wyman, boat-steerer, deposed that he had been ill-treated by drinking pcisonod water. In the first place the doctor told them when at Norfolk Island it was lead poison. The captain put the water which was caught from the boat in the drinking tanks. Two of the men who were bad were put ashore at Norfolk Island, but the rest of them he would not put ashore. The captain ordered Apella on deck when lie was sick, and he went down the hold and hart his leg broken. A couple of weeks before reaching Russell the captain asked Apella how he felt, and he said, " All

right," and the captain said he would put a rope round his neok and haul him on deck, as he wanted him to move round. In regard to the ill-treatment of the cooper he had Been Captain Reid kick him shamefully, and when he did he observed the scars on his face where the captain kicked him. He had Been the captain slam him down on deck. He also heard the captain twit him about his wife, tie had seen others also ill-treated. A man named Gardner was sick down below, and the captain came along, called him on deck, and kicked him under the chin.

In cross-examination by the captain, the witness said he had not ill-treated him in any way, except by making him drink that water which was taken off the boats. He had medicine given him on board ship, which was sent by the doctor at Norfolk Island. All the men sick on board had medicine given them. He did not hear the captain say he was doctoring the men just as he doctored himself under directions from the doctor of Norfolk Island. Witness never complained to Foley about Britton being filthy, but he believed some of the men did. He never heard any complaint being made by the boy that the cooper had threatened to kill him. The witness was also cross-examined by the first mate, more particularly in regard to his treatment of the cooper, and he corroborated the statement of the previous witnesses, and said he never saw a man in the ship brutally treated by Foley, but he had a kind feeling for theorem, and had on different occasions when they were wet lent them his stockings when they could not dry their own. He had tried to keep their apartments clean, and the cooper also. He never saw him scrub any man with brick and sand till blood flowed, and the men when washed were washed because they were dirty, and he had heard the mate warn them that it they did not keep clean he would have to wash them, and he never saw men better treated by any mate that ever he was with than they were treated by Foley, and he attended to the sick in a kind and respectable manner, and did all in hi« power to see that the men got justice on board the ship. He allowed no fighting or trouble in the forecastle, and to the best of witness's knowledge the mate carried on the duties of the ship in a respectable mannor. The men often broke his orders, and he asked them not to do so again, and he often saw him on deck with two others of the crew giving them good advioc, for which they thanked him. The second mate also examined the witness, and he said they had been well treated by him and he never saw him knock a man down at the wheel, and never saw him hang a man by the neck in the rigging, and he heard him say to the men as long as they obeyed his orders they would be well treated. He did not see them throw the cooper across the main hatch, but had seen him throw him down on deck. Ho did not know what it was for.

In reply to Mr. Campbell, the witness said he had been ashore several times after the vessel arrived. He was first ashore the second or third night after she arrived, but he made no complaint to the Consular-Agent on either occasion about brutality, because they heard the captain say that there was no use in their talking to the Consular agent, as he would not assist them. Witness did not see Captain Webb, and and did not know he was in Russell until after he left. He did not see the cooper stripped after he died, and could not say how many days at a time he was confined to the sail pen. He saw Lake before he was drowned ; he was swelled up with dropsy, bnt witness saw no marks on him. Witness was in his berth sick when Lake was washed overboard. The cooper seemed right in his mind from the time he left .New Bedford until two days before he died. He never complained to witness about being abused. He would know the cooper's handwriting if he saw it. At this stage a telegram was received by the Bell reporter, from Mr. G. M. Reed, informing the sailors that Messrs. Cooper and Devore had been retained for their defence, and that funds were rolling in. Marion Suarz, a Portuguese seaman, for whom Peter Lawrence interpreted, deposed that one night when steering the ship, and a green hand, the captain hit him on the nose with his fist because he did not understand the steering. On another occasion the captain told him to let go the gafftopsail tack, and because he did not do so, alter being told twice, the captain kicked him, hit him on the nose, and choked him. He was on other occasions beaten by the captain, but not severely. No beatings took place after they left Fayal. On one occasion, when pulling in the main brace, he slipped, and the mats (Foley) came and hit him on the eye and nose. On another occasion the mate knocked him down and hit him. Again, when he was at the wheel the mate told him to keep steady. Mr. Foley was taking the sun at the time, and he hit him on the head with .the sextant. On another occasion he hit him with a piece of wood, and he afterwards beat him, but not severely. He saw Foley beat the cooper with a rope with a knotted end. He took him in the forohold three times to beat him, because of not washing bis clothes, as he was so dirty. The cooper was one day going on the masthead, when one boot slipped off his foot and he came down for it, when Foley took a rope and beat him. On another occasion he heard Foley order the cooper into the forehold to be scrubbed by witness; and on another occasion the* mate pulled the cooper's whiskers out, and be also saw him take the cooper by the trousers and shove him by the head into the water. He remembered the first mate sending Fiji up the masthead to clear the foretop bunting. Fiji did not understand what ho was told, and the mate took a stick and went up and hit him on the head. One day he saw the captain pull Thomas Cook out of the galley and beat him with his fist, and saw the captain beat Charley Jones, but did not know the reason why. In reply to Captain Reed, he said the blow was with the back of bis hand. On one occasion, when the boats were off after whales, the captain told him to let go the gafftopsail tack. He told him more than once, bnt he could not say how many times, but he did uot understand what was said, and the captain cuffed him. His foot caught on the rigging, and he fell. Towards the close of the voyage, shortly before coming into port, he saw sick men going into the roundhouse. He saw the captain give out medioine for the sick men morning and night, and to Mr. Foley. After leaving Norfolk Island, the captain sent out some fowls for the men who were sick. He saw Foley give the men medicine daily while the captain was on shore on Norfolk Island. He did not remember the men coming to the captain or mate to complain of the food not being properly cooked, but he remembered the captain coming out of the galley with a vessel of some kind containing meat, water, grease, dirt, and bones, and showing them to Mr. Foley. It was Thomas Cook who was cook at the time. He did not see the meat-boiler brought out of the galley into the waist.

In reply to Foley, the witness said Foley had not been a bad man to him or the crew. He beat him sometimes, and was good to him afterwards, and did him favours, and when on right whulo ground, and it was very cold, Foley went to the captain to give them clothes. He did not remember any other favours to himself, but he had done favours for the other men, the same as he had done for himself.

In reply to the captain, the witness said the favours were to four of the other men who were green like himself. The witness, in answer to the mate, further stated that when he was told to scrub the cooper he was told to scrub him easy. The cooper was very troublesome and dirty, but he did not remember the men going to the mate and complaining of it, nor the mate saying he would do all in his power for him or the rest of the men, but he gave them soap to wash with. Witness was on the starboard side when he saw the mate strike Fiji. He was going below at the time. Mr. Mendoza also questioned the witness, and he admitted that Mendoza had told him ho would teach them the rigging anH give them good advice. In answer to Mr. Campbell, the witness said he did not come ashore to the Consular ' Agent to complain because he was afraid of j the ship and captain. He did not know ; that Captain Webb was up here from Auckland while he was her*. He only i know that he had been here after he was , gone, or he would have come in and spoken i to him. The acts of illtreatment occurred i! after they left Fayal, and also before: and after they left Norfolk Island.; lie was present when Lake war; washed overboard. He went to the po ft sul«, and the vessel dipped, and there ca/ave a big sea and washed him overboard. It V!iß iu the day time, but the witness could , UO

tell what time it was. At that time no one was allowed to go into the roundhhouse, bat he did not know who gave the order. He did not remember seeing any marks on Lake. After the cooper was dead, and being sewn in canvas, he saw the face was black, and cats on the forehead and nose. He did not remember seeing a rope for the men to hold on by whan they went over the side, but after the man was drowned Foley fixed onß ' U 1. A Charley Jones, a negro seaman, who had been acting as cook, deposed that the captain kicked him on the ribs several times, and he was now suffering from a pain in his side. It was about some small pieces of meat in the harness cask, of which he knew nothing, This was the only thing he had to complain.of, except that the captain threatened what he would do to him in the morning if ho got him outside.

In cross-examination by the captain, he said he remembered the boats being twentyfour hours away from the ship ; and, as to whether they had sufficient to eat, he said they had all the captain gave them. They were allowed to have tea. The captain told him he wanted his men to have enough to eat, but nothing to waste, and he told witness frequently to have the food oooked in a proper manner. He remembered digging out dirt and bones collected in the bottom of the cooking-kettle with a hammer and chisel. It was Kenny who did this, and the captain told witness that if any more food was brought back either from the forecastle or steerage unproperly cooked be would punish him severely. There was no more food brought baok unproperly cooked. The witness was further questioned as to tb? captain's oonduct, and he admitted having heard the captain say that one of the strictest rules of his ship was that there should be no fighting amongst the crew, but that every dispute would be settled by himself or his officers. The witness was also cross-examined by the mate at some length. Manuel Gonzales deposed that he was the third mate on the Petrel, and had 16 years' experience. He never saw men treated as in this ship. The captain had told the witness to knock the men dorn with a hammer and handspike if they disobeyed ordeni. If the witness did not the captain would go for the witness. The captain had said that witness was not a fit officer because he would not beat tho men. The captain had been against witness ever sine* he shipped at New Bedford. Witness gave evidence as to Britton, the cooper, being put in irons, and confined in the sail pen and forecastle, the captain kicking him in the face. Regarding Apella, witness saw Foley strike him three times with a piece of wood in the rigging. Witness was cross-examined by Captain Reed and Mate Foley, without altering his evidence.

In Wednesday's issue, whan making a few comment! upon the Petrel inquiry, we suggested that the vessel and crew should be brought on to Auckland, and the inquiry conducted here, where there would be more facilities available for the Consul and the acoused than can be found at Russell. Captain Webb, the American Consul, has Informed us that at the first the suggestion appeared to him reasonable and desirable, and before acting upon it went to his solicitor to obtain his opinion, who advised him that a considerable risk would be incurred in ordering • the vessel and crew to be brought into Auckland, as in the event of the charges made against the officers of the ship not being sustained the captain would have a substantial claim for damages against the Consul. The Consul has to regard all innocent of the charges made against them until the contrary is proved, and is unwilling to incur the legal risk which he has been advised would be incurred by ordering the vessel to come on to Auckland. He pointed out another difficulty. Where the vessel and crew now are they are quite safe, and have legal advice, and the inquiry is being made by a consular agent who has some experience in making investigation respecting shipping matters. At the Bay of Islands none of the men can get away, even though they were disposed to do so. A boat could not leave the Bay of Islands without being seen, and if the men tried to escape by land they would be sure to be caught by the police or Maoris. But circumstances in this respect would be greatly changed if the vessel were at Auckland. Here there would b«. many opportunities for escape, and it might be impossible to secure their capture if once they got well away.' He thinks that neither the cause of the men nor officers will suffer by the inquiry being conducted at Russell, as legal assistance is available, and Mr. Stephenson has the telegraph at his aid if he requires any advice or assistance that Captain Webb can afford. In the event of the inquiry being unfavourable to the captain and officers of the ship, Captain Webb says two courses will be open to him, either to telegraph at once to the Consul-General at Melbourne to come over at once and take charge of the case, or to send the accused and their accusers to the United States by the first opportunity, to be j tried there according to the laws of their i country.