POLICE COURT.

Auckland Star, Volume XXXIX, Issue 245, 13 October 1908, Page 5

POLICE COURT.

—■ - ■ (Before Mr. C. C. Kettle, SM.). BACK TO THE SHIP'S HOSPITAL. Frank Russell, the English Monarch seaman, who was remanded on Saturday last on a charge of having refused lawful commands, and who entered Coort apparently in an advanced state of decrepiwas brought along again this morning, after further medical observation by the gaol officer, the result of which was a report that the man was now fit to appear at Court. Respecting the man's refusal to enter the ship's hospital; Mr. J. Kneen's opinion was obtained as to its fitness to accommodate a sick man. The accommodation would be right enough if a medical officer were carried, said Mr. Kneen, but not in his opinion otherwise. He suggested that the man be sent hack to New York, the port of which he signed on, as a spare or distressed seaman, by a ship going that way. Although there was nothing wrong with the ship's hospital, he was satisfied that without a doctor he would not get proper attention. " Well, I will not convict the man on the evidence," said Mr. Kettle. "The best thing will be to dismiss the charge, and leave the Seamen's Union to sec that something adequate is done for the man's comfort. From what I can see of the man, and from the medical evidence, he is not fit to be put into this hospital. and it would be a cruel thing to do so. If he goes away with the ship without a medical officer he will probably die, and be buried at sea." Mr. Kneen: That is a thing which often happens, your Worship. Mr. Kettle: In any case, the man is entitled to proper treatment, as is any other man. Mr. Hendry: According to some of the men on board who have been with him, the man has, to a large extent, been shamming. I have nothing further to advance in the matter except the fact that he refused to go to the hospital when ordered there. Of course, the Emigration Restriction Act forbids him remaining here. Mr. Kettle: Well, the man will have to go aboard the ship again, and! the Seamen's Union must sec what can be done for him. Russell himself hereupon raised a loud protest, declaring his objection to return to the ship and his unfitness to work, but the magistrate assured him that everything possible would be done iv securing his comfort. Mr. McVeagh, who appeared for the master of the vessel, explained that both the master and the man were liable to heavy penalties if Russell landed in New Zealand 1 . The ship was quite willing to have him aboard, and take him to the nearest port for shipment back to his own country, nor would he be asked to perform any duties during the passage. . !>!r. Kneen promised to see the shipping superintendent about arrangements for the man's comfort, and meanwhile the case was ordered to stand over till later in the day. " The man should not have been put aboard at New York," commentedi Mr Kettle. When Russell was brought back at midday, it was suggested by Captain Fleming (Marine Superintendent) and Mr. Kneen that the man should be taken back to the ship, and that if when Wellington was reached his condition was worse, he be taken ashore to the hospital. Mr. Kettle, however, said he could be a party to no compromise, but would discharge the man. MAINTENANCE. Michael Maher, for failure to comply with the order of the Court respecting the maintenance of his wife, was sentenced to three months' imprisonment, the warrant to be suspended for a fortnight. James Eden, for failure to meet the obligations imposed by the Court respecting the support of his illegitimate child, was sentenced to three months' imprisonment, the warrant to be suspended 14 days. John Henry Jones was ordered to contribute 10s. a week towards the support of his wife and ss. each towards his two, children. John McPhce was ordered to pay ss. a week oft* the £8 arrears in respect to the maintenance order of 15s. a week in favour of his wife, the current payments to be continued the while. INEBKIATE. One first offender forfeited bail, and one paid ss. (Before Mr. R. W. Dyer, S.M.) AN EXPENSIVE SPREE. Two young men from the country stood in the place of reproach this morning, as the result of a reckless outburst in His Majesty's Arcade last night. According to the doorkeeper at the orchestra stalls of the theatre, both young men visited the play last night in a state of tipsy hilarity, and raised such a disturbance that the usher was obliged to warn them that a continuance of the behaviour would entail ejectment. They went away, but returned shortly in a still more boisterous condition, and insulted the manager. The police were summoned, and Sergeant Simpson took the pair to the police station. This morning both men expressed contrition for their behaviour, and intimated that they had apologised to all whom they had insulted. "Well, this sort of conduct is becoming very pronounced," commented his Worship, adding, "It is no good coming here and attempting to excuse yourselves on the plea of being so drunk as not to be responsible for what you say and do. No doubt you are heartily ashamed of yourselves, but had it not been for your previously good character you would have been dealt with much more heavily. You will each be fined £3 and costs, and if you come here again you will probably go to gaol without the option."