MAGISTRATE'S COURT.

Lyttelton Times, Volume XXVII, Issue 1969, 11 April 1867, Page 3

MAGISTRATE'S COURT.

LTTTELTON. Wednesday, Apbii, 10. (Before..W v Poriald, Esq., E.M.). Thos. Cunihgham, -/Henry"- Swapger, Wm. Yielding, Geo; Clarke,. James Collins, and Thoa, Fitzpatrick, were brbughtup on remand, charged: »ith broaching cargo on board the .'sfiip Canute,., during her voyagefrpni London to this port. Mr Walder, appeared for the prosecution../ ; ■■■[ CaptainQuain,sworn; Iprpduce .the official log-book. [Entries were read showing .mutinous, Mnduct.onth'e part."of theaceusedj also entries nade at different dates respecting tbe broaching of the cargo.]. .When the broaching of cargo was' first reported to me,.l had the. ale case brought on deck. The .caße;Wa3.:ohe;puton board for sale; and the stewards had orders to sell this particular brand. On the 29th,December,,Swanger, Yielding, sad Collins were tbeworse for-liquor..- They were reported as being; e'd by the chief officer, Oh the; Hth January it was found that the hatch bar'was broken and four of the accused were drunk, and. ordered to be put in irons. - Oh the 6th of April, the cargo was hgaib reported as having'been' broached, and the accused were all more br.leii drunk. We also found the barspf the ventilator broken; and on this day an ale bottle was thrown 'romttloft and passed; very near to my head.....!: *S'e found empty ale bottles, and one in the fbreCastle full, the brand on.which,was similar to part of the cargo. ■■, , Cross-eianiined by Collins: You have not been : fourmoritKs'atwprk/ ■'.',' The prisoner Collins statedthat the.Captain'had ■mocked him down on deck./.

Daniel Leriahah.sworn;: lam chief officer of the •hip Canute. On three broaaiohi I found.the cargo broached. 'The first occasion: was on Dec; 29, at Boon, when I found a case Of Bass's ale marked B' ni diamond broached, and 20bdttles short; I made w entry In the official log %that effect. ..Fitz-. Patrick, Yielding,,Clarke, Swanger, and a : sailor named Skillery, were drunk on this' day; I found bottles bearing this brand., [bottle produced].. "I identify the bdtfc This : a!eiis;bpttled by'fioM/ Bass. On the 11 th Jan. I found four of the star-:: hoard watch,drunk,' they were, put in irons.' On Wamining the cargo, I found one case taken out altogether, and part of the contents of I saw Swanger, Fitzpatrick, and Clarke, and. en-. quirtd where they tad got the drinlt, they made no "ply. On the'6th'of April, I .found the same four men drunk:againv Clarke, made two attempts to Stab me: Cunninghariy Fitzpatrick,. and Yielding also.attacked me with belaying pins sad empty bottles. The bottles now produced bear, the same brand a8 v the cargo; They had them all feady in the forecastle; ;■ Collins took jo part at this time. I waaforced to run off. for protection, [belaying pins produced]. : ..;i: told; the Captain, that if this occurred again, I. should shoot them;' Afterwards, the .Captain.and myself found; bottles of porter labelled etbut, bottled by '■ Geo. Jones. These belonged to the" passengeri, •torei. Buring ..the voyage j.the crew did'-iot receire any liquour. ■to my knowledge except 'onone occasion, when.oneof the 2nd.iclajVpassen.. gersg&Tpthemitwo.bottlesbfale.

.': Cross-examined by Yielding:; I saw, you throwa bottle at me which went overboard. .■ ,:. Cross-examined ,by,Clarke V I.sawjoii[attempt to use a';knife, ■.;.-:■'';'' ; v '""' Prisoner Swang'er denied throwing'.bbttles at the. chiefpnieer. - ■.;;;'■ '..j,,, ~\,i'.' .■■"";.'." i'.-D/VM'lea, 2nd officer, Edward; Alexander Bteward,..Henry Kensie,-. O.S,,;'John- Nprthcote; : ' o,S;'j gave evidence corroborative of that of the: captain and chief-officer.;;;: r The : Resident; Magistrate;; said he. conaidered that.the cKargewie not proved'against.'Cunni'igv ham and Collins as to broaching -the cargo. As regarded Yielding and ; C|arke, he: considered; the charge clearly;proved,, arid would-.sentenca them. tb,twely'e,weekß impris6nmont, ; and' :Swanger : .'arid'' ;Ktzp^tnWfo''eig^t.:TOk^imprißon'merit. : _'~ ■....: ■ Therei was, another charge, of assault against, the After,hearing.-tho eyidence;thß 7 E.M, sentenced alt of the prisoners tbld.days'imprisohmerit with hard. ..labour,-:to commence with. .'Swang'er;. Fitzpatrick,.Yielding, arid Clarke it the; expiration of the previous sentences.