LYTTELTON.

Press, Volume III, Issue 153, 30 April 1863, Page 3

LYTTELTON.

RESIDENT MAGISTRATE'S COURT.

April 29, 1863,

[Before W. Donald, Esq., E.M.]

James Cotton, the boatswain of the ship Huntress, appeared before the Resident Magistrate to answer the complaint of Benjamin Bishop, a passenger by the same ship, for assault.

The complainant stated, that on the sth February he went below, to take down the dinner things at noon, and to fetch water, and when he returned on deck, the Doctor, the Constable, and the defendant took him to the Captain, when he was ordered up and lashed to the rigging for four hours. He was tied by both hands by the accused.

R. Davidson, a passenger by the Huntress, stated he remembered the complainant being lashed to the rigging, nine feet up, so that he could not move. He understood that he was so punished for going below contrary to orders.

Thomas Hutt, passenger, gave similar evidence. For the defence, John Sollars, the chief officer, was called, who stated that the Captain had given orders to the boatswain to have the complainant lashed up to the rigging, aa he was unruly, and would go below contrary to orders. He saw to the seizing himsalf, and the Doctor saw that the sun could not hurt him. A canvass was placed over him. He did not consider tho punishment severe. The plaintiff was singled out to make an example of on account of insubordination amongst the passengers. The plaintiff said he was exposed for four hours to the sun under the line, Edward Henry Marshall, the Surgeon Superintendent of the Huntress, stated that Bishop was placed in the rigging on account of disobedience of orders. He was rude to the constable and geuerally insubordinate. He examined his wrists when he was taken down, and did not think the punishment he received very severe. The Resident Magistrate said that he considered the Boatswain hod only acted under instruction from his superior officer, and was not the proper person to have been summoned. At the same time he did not think, under the circumstances of the very bad conduct of the plaintiff on board, that he had received any more punishment than he deserved.