A Sailor's $27,000 Lawsuit Against a Brutal Captain

Damages for extreme cruelty and mistreatment at sea form the burden of a complaint soon to be filed in the superior court in a suit brought by Emil Grundstrom against William H. Dunphy, master of the ship Willie Rosenfeld, now in Tacoma. Grundstrom charges that he was induced to ship on the vessel at Newport News, Va., May 12, 1894, under representations that the Rosenfeld was to make a voyage to the east coast of South America, where he wished to go. He is a Russian and claims to be unfamiliar with the English language, and that the agents of the vessel took advantage of his ignorance by misstating the destination of the ship, which in reality sailed for Acapulco, Mexico. In consequence he charges that he was restrained of his liberty for a period of six months, and greatly damaged both by ill treatment and by enforced imprisonment. He makes specific charges as follows: On May 21 he charges that he was seriously bruised and injured by being struck on the forehead with a bucket; June 3, struck on the forehead with a broom; June assaulted by Peter Sullivan, who struck him upon the face, eyes and ears, threw him down, and jumped and trampled upon him; June 19, assaulted and struck with a heavy rope several blows upon the back, spine and loins; July 1, again knocked down and beaten by Pete Sullivan, in the presence and with the consent of the captain. But the crowning act of cruelty is alleged to have come on July 15, near Cape Horn during a furious gale and snowstorm, while the ship was rolling and pitching violently and great waves were washing over the deck. Grundstrom says he was then ordered to go forward and move some brooms, and endeavored to obey, being greatly terrified by the cursing and swearing of the officers, who he says confused, frightened and unnerved him, together with the rolling and pitching of the vessel. The outcome was that he lost his balance and fell, breaking his right leg about an inch above the knee, crippling him for life and causing excruciating pain. After this injury the officers of the vessel neglected to take proper care of him, to send him to a hospital or to furnish a physician to dress the wound. In consequence, he claims, he suffered from blood poisoning and scurvy, rendering recovery impossible, and that he will continue to suffer bodily pain and mental anguish for many years to come. Grundstrom therefore asks damages in the following sums: For permanent injuries $15,000; assault with bucket $2,500; assault with broom $500; assault with rope $500; assaults by Sullivan $4,000; enforced imprisonment $1,000; total $27,000. There are joined as parties defendant, in addition to Capt. Dunphy, the following: John Rosenfeld, Arthur Sewall, Albert E. Work, Edwin Goodall, Cleveland B. Prelele, Adronicus Cheesbrough, Peter G. Bradstreet, Warren D. Clark, William F. Cutler, Sam Foster, Alexander M. Cutler, Oscar P. Sewall, Samuel S. Sewall, Horace Row, Frank P. Dunphy, Frank Sewall, Florence J. Allen, Julia V. Bartlett and Alpheus P. Boyd. The sailing port of the Rosenfeld is San Francisco, and the papers in the case were drawn by Kels Soderherj, who defended Henry Craemer, the convicted murderer of Mrs. Philipina Mueller. The case will be presented in the courts here by Robert H. Lindsay. Today depositions of Capt. Dunphy, E. H. Gillespie and others will be taken.