Lord Gough to Mr. Olney.

My Dear Mr. Olney: On the 10th of last month you were good enough to give me an opportunity of bringing before you, in a friendly and unofficial manner, the distressing situation of Mr. James Bain, formerly purser of the steamship Engineer, with a view to his obtaining, if possible, a voluntary grant of compensation.

In further explanation of the above case, I am requested by Her Majesty’s ambassador, who is just leaving for Canada, to inclose papers just received from the foreign office, viz: (1) Certificate of Dr. F. F. Paul, an eminent Liverpool surgeon, under whose care Mr. Bain was [Page 688] placed at the Liverpool Royal Infirmary; (2) certificate of Messrs. Richard Bulman, & Co., brokers of the Harrison Line steamers, in whose employ Mr. Bain had been for fourteen years; (3) personal affidavit made before the United States consul at Liverpool.

I am also to suggest that, under all the circumstances of the case, £500 would be a reasonable amount as compensation to Mr. Bain for the injuries he has received.

Believe me, etc.,

[Inclosure 1.]

Statement of Richard Bulman & Co.

This is to certify that Mr. James H. Bain has been employed for the past fourteen years as purser in the steamers of the Harrison Line, trading between Liverpool, West Indies, Mexico, and New Orleans.

During the said period Mr. Bain was under our inspection, and was in good health.

On the 12th March, 1895, Mr. James H. Bain was shot on the wharves at New Orleans while in the performance of his duties as purser of the Harrison Line steamer Engineer (steamship). He was immediately taken to the Torro Infirmary, New Orleans, where his wounds were attended to, and on the 21st March he was sent to Liverpool in the steamer Orion, and arrived on the 11th April.

Under medical advice he went into the Royal Infirmary, Liverpool, and underwent a surgical operation.

On the 8th June, 1895, Mr. James H. Bain, although not sufficiently recovered from his injuries to resume his duties as purser, made a voyage in the Harrison Line steamer Astronomer to West Indies and Pensacola, rather than submit to permanent loss of employment. Mr. Bain returned to Liverpool on the 3d September and is still in impaired health and unable to discharge his duty as purser as efficiently as he did previous to being shot.

Richard Bulman & Co.

On this 6th day of September, 1895, personally came and appeared before me, Richard Bulman, a member of the firm of Richard Bulman & Co., of Liverpool, and made oath to the truth of the foregoing statement.

W. J. Sulis,
Vice and Deputy Consul of the United States of America at Liverpool.
[Inclosure 2.]

Certificate of Surg. F. F. Paul.

This is to certify that Mr. James H. Bain, aged 36, came under my care at the Liverpool Royal Infirmary on April 17, 1895, complaining of pains in the head and some interference with the sight of the right eye, the result of gunshot injuries sustained in New Orleans on March 12, 1895.

On admission I found marks of four shot on the scalp, one near the right eye, one in the neck, and one in the right arm.

Careful examination under chloroform only enabled me to discover one shot in the scalp, which I removed. The others were deeply placed and concealed in the tissues, and I considered it best not to cut in search of them. At the present time he is in good general health. Most of the injuries are painless, and will probably not cause any future trouble; but the shot in the right orbit is probably near the base of the brain, and is, in my judgment, the cause of the pains in the head from which he sunders and of the difficulty he experiences in using the right eye.

He is likely in consequence of this to suffer from some slight permanent disablement.

F. F. Paul, F. R. C. S.,
Surgeon to the Royal Infirmary and Professor in Medical Jurisprudence, Victoria University.
[Page 689]
[Inclosure 3.]

Affidavit of James H. Bain.

I, James H. Bain, of Liverpool, England, do solemnly swear that I was purser of the Harrison Line steamer Engineer, which steamer left Liverpool on the 19th January last, calling at Mexican ports and New Orleans, at which latter port she arrived on the 2d March, 1895, to load cotton, etc., for Liverpool.

That on the 12th March, shortly after 7 o’clock a.m., whilst stepping off the steamer on to the wharf in the discharge of my duties as purser, I was shot and wounded in several parts of my head and in my right arm by a body of men armed with rifles, shotguns, and revolvers, who, without provocation or warning, came up the wharves and attacked me and the laborers at work at said steamship.

I was unconscious and sent to the hospital, where I have been under treatment of the doctors, and suffered much from my wounds.

Oh the 21st March I was sent to Liverpool in the steamship Orion, and arrived on the 11th April, 1895.

On the 17th April, 1895, I went into the Royal Infirmary for further treatment of my wounds, and underwent a slight operation in the scalp. The shot in the orbit remaining in me cause much pain and interference in the use of my sight.

I am 36 years of age and married. My salary when serving on board the steamship Engineer as purser was £72 per year, and in addition to said sum as said purser I was enabled to make about £80 per year. I have been put to considerable expense in the payment of hospital expenses, medical and surgical attendance, and other incidental expenses amounting to about £11. I am permanently injured, I fear, and my pains are always with me, and was unable to follow my calling as a purser or do anything else for the space of three months after being shot.

James H. Bain.

Subscribed and sworn to by the aforenamed James H. Bain, at the United States consulate, 26 Chapel street, Liverpool, England, this 7th day of September, 1895, before me.

James E. Neal,
Consul of the United States, Liverpool, England.