POLICE COURT.—This Day.

Auckland Star, Volume IV, Issue 1014, 19 April 1873, Page 2

POLICE COURT.—This Day.

(Before Messrs W. C. Daldy and G. M. Mitford, Justices of the Peace.) DRUNKENNESS. John Mickles, Patrick. Kelly, and John Allen were charged with this offence, and | subjected to fine or imprisonment. SERIOUS CHARGE OF SCUTTLING A SHIP. ; Alfred Etherington, George Green, and Bichard Moore were charged on remandwith .scuttling the. British ship Alsaaer 1,200 register (Captain Eae), on the high seas on the voyage from Maiden Island to Europe, loaded with guano, on or about the 3rd March. 1873, the said ship the property of GryceSumner of Melbourne. . .'. ' ] | Mr Hesketh appeared for the prosecution, Mr Beveridge for the prisoners. ; and Mr McKellar, Collector of Customs, attended to watch the proceedings. • , . . : James Watters, chief officer, deposed that ! he was in the ship to the last, and stated that there was one or two of the bolts : jstarted. He considered that otherwise she ;was sea-worthy. There was not quite ■1,200 tons of guano in her. From the j ?sth to the 18th February the pumping took sixteen to twenty minutes every four ; hours. Witness and the carpenter examined j her fore and aft oh that day. They, discovered no cause for the ship's making water. She made about eighteen inches of ' water from the 18th to the 26th of the month, and in consequence of the increase of water they pumped every hour. They then. thought it advisable to alter the ship's course. The water then increased three feet per hour, partly in consequence of the fine weather. The men worked, very hard. He made no further examination. On.the '3rd :March the men were worn Out. He saw iGreen on that day near the fore-hatch after they had squared away; He heard Green |call out that the water was washing over the keelson. At that time the steward . was pulling at the head sheet, and on hearing. Green he went down the fore-hatch. Ether.ington was with witness.: He saw Green come up from the hole.'.Witness went to the fore-hatch, and saw the captain, steward, and carpenter ; the boatswain followed him. He saw three holes, where the water was coming in, which the carpenter was plugging up. Two holes were on one side of the ship, and one on the other. They were round holes : he-could not say the size of them. He was certain the holes were not made on,the 18th. On seeing the holes plugged up he took to the boats and left the ship ; the second mate had previously left. It was about three o'clock in the afternoon that the holes were discovered, and five o'clock when he left the ship. He took the soundings before leaving, and the depths of water in the vessel was six feet one inch. He believed that pumping at that time would, have been utterly useless. He reached land on the fifth. He was present when the prisoners were put in irons for scuttling the ship. Green then charged witnesr and the steward with the offence ; but Etherington said, " We have done for you, you will never, get another ship in the colonies !" The prisoners were chums by themselves, keeping separate from other of the crew.. Green was a quarrelsome seaman; and when the steward came out of the hole he said, "What business had you there," and threatened to throw him overboard, saying if I had you on land " I would murder you." Wheh the holes were discovered the ship; was almost in a mutinous condition—there was a great amount of fear and excitement. Witness was not in the ship on any previous voyage. The ship was strained a little1 in her upper works, but not sufficient to account for the water.

j Cross-examined by Mr Beveridge : Examined the vessel at Maiden Island, but did not examine the fastenings very closely. He knocked down two of the bolts. He observed the iron bands, but could not see »wat they were started. He considered when a'tthe island that the ship was seaworthy from, the water she' made. •■'• The splinter' brought up was about ten feet in length. The wood was American elm. He noted in the log the' water she mdde each day. * [Witness here read the entries! from the log from January to March.] Witness had seen the ship pumped out in'less that' ten mMites. The time of pumping depended upon the quickness qr slowness of,the, -working of; jthe pumps generally. The accused Were alw&ys active. Moore was the best man at the pSimp. A fresh breeze sprang up, which he Relieved caused the, ship to make more water. He did not, then think, therewas a' hole in the; ship. He believed on the 26th of February, from the : ,increasing water, that the ship would go . d'owhV-•■■■ He was positive that the holes were bored. He took up some of the borings. 7i T,he pumps were kept going until th'ey^ iotind , primping was of no avail, and then they resolved to abandon the ship. T,he men said they believed the ship would never h go. round the Horn. Witness said the captain tyould never have proceeded had they protested, -.He,, ,was of ,opinion- that she would have gone round the 'Horn. He was doubtful of- her -at .one time. lii answer to the Bench witness was not aware thkt any^examination of the ship took place between the 26th 'February and the 3rd of March. The holes could not have escaped observation, as they could be distinctly seen,' aid'the water heard coming through them. They were rounds holes., The plugging of tie holes^dii^npt stop the whole leakage. : [Left sitting.]