LYTTELTON.

Press, Volume XXII, Issue 2853, 30 September 1874, Page 2

LYTTELTON.

TITEBDAY, gEFTEJJBBB 29. ""., 1[ [Before W. Donald, Esq., 8.M., and J. T»— Rouse, Esq. J.P.J FELONIOUSLT WOUNDING. vf^J. Charles Crawford, Masterof the ship Cath-v"" cart, was charged with maliciously wbafid-*,?, ing Christian Funk, seaman, belonging tp ■, the same vessel. Mr Nalder fpr defendant j ' Sergeant-Major O'Grady conducted the prosecution. P . Christian Funk, sworn, said—l am _a A. B. on board the Cathcart. lam a native of Germany. I was engaged in London, oa the 9th of June. We tailed from Gravesead on the 11th June. I recollect Jane 24th, I was on deck, my watch was from 4 to 8 a.m* when I went into the forecastle for my break* < : fast, I saw Campbell and Brown in the forecastle drank, that, was at 8 a.m. The chief mate came, and asked the men in bi% the port watch, to turn to. I saw a bit of a -r disturbance between Brown and a man named Everett and the cook. We had a poor break-; fast that morning, the oook said he could Dp* ..=; make it better. The cook shoved Brown out of the galley, he fell down and cut his head* Brown was taken aft and put in irons. IWM <:• on deck at the time, afterwards I weDt into the forecastle. Boorke, the two McDonalds, .' a passenger named McKay, and Brown were in donble irons, asleep. .The McDonalds were in their hammocks, fast asleep. Then was no row at all. I called the two Mo Donalds, when I went into the forecastle. I said, come out of your beds, the -Captain ia going to shoot into the forecastle. I knew t the captain was going to Bhoot, because he ran to get firearms, and the mate told the ! passengers to come aft and get firearms. .-v This was before I went into the forecastle.

The door was Bhut when the McDonalds were dressing. It was only latched, it was not barricaded. This was the door on the starboara side. The door was forced open with capstan bars. I told the boys to come out, but they bad no chance. I did not see the captain. I saw three shots fired. The door was open one foot and one half, and then I saw the captain. The first time he fired he struck Bourke,

with the second shot McDonald. I was then two or three feet from the forecastle door. Jwas not holding the door, I was trying toget out of the forecastle.' The captain fired with a revolver, and struck mc with the ball in the instep. The ball did not go through, it remained in the sole qf the foot. Thewoiwfi bled a great deal, and I suffered and still dq Buffer much pain. After being wounded, I was carried aft by some of the passengers into the schoolroom, and the doctor extracted the ball from my foot. All three shots were Bred in about two minutes. 1 have worked since, but the doctor made mc desist, a»4 was suffering from thewonnd again Qpemqg. There were about seven <nen in the forecaithj when the shots fflte fi*ad_ Thai t~*» W figfatingi bot litting quietly and talfctog, m

♦W«~_brs were dressing when the captain fiZA J had taken no part in the disturbance gS"morning. Campbell Everett, and Brown drunk. I saw RouTke in the forecastle, Ske was not drunk, he waa dancing and *ri ill -. he had a i little paint stick in his fzffc he may have had a glass, but was not rr_£ The captain said—*' Look out, lam Sr 'to fire," before he fired, and I stepped nt of the way. The door was only fastened tsth the latch when it was burst open, as far _»I saw. My foot was in the forecastle, and ?«_■ six' feet from the door when the captain fired I - as standing against the bulkhead ilfceu the shot was fired. The captain did not speak to the men between firing the first and second shots. I never heard the men refnse to let the captain into the forecastle. Etenry Hugh Chapman sworn, stated—l ___. eargeon superintendent of the ship 6n her passage from London here. T 24th of June last. Captain Crawford sent for mc that morning. I went !ri_ him to the forecastle. He was armed with a revolver, and I saw him fire three Itots into the forecastle. I saw through the Sflor four men in the forecastle. I know Christian Funk. He was standing just behind the door trying to keep it closed. I uCT him do it. I also saw him shot by the rabtain ;he aimed at his foot. After his **_ was bit the door gave way, and we got the forecastle. I attended him. The bullet pawed through the dorsun, and went infcTflie sele of the foot. It was a little , hdUet, a conical ball, same as that usually taed for revolvers. It bled a good deal. He wag some time under my charge. By the Bench—He was under the influence of drink that day. It is not true that he was some distance from the door. His foot •as under the door when the captain fired. Tdo not know the nature of the fastening. When the door was a little way open we conld not get in. I think it was the body of Fnnk that stopped us, as when he was shot we got in easily. Bourke was not sober; he had liquor that morning, but he knew wfeat he was about. The bottom of the door is about eight inches from the deck when it „ opened. I came more than thirty miles tbjajnoraing. Bobert McDonald, duly sworn, said—l am an ordinary seaman on board the Cathcart. I remember 24th June. I was in the starboard watch. 1 went below about eight a.m and turned in about half-past eight. I went to sleep, and was woke up by a man Mined Funk. He said, get up, McDonald, the captain is going to shoot into, the forecastle; 1 did get up. I was just out of my hammock when the first shot was fired. There was some dancing and singing in the forecastle. I stfw McKay, Bourke, Funk, and my brother. Font was three feet from the door. Bourke was singing, dancing, and shouting. I did not see who ftredtbe shots. ' I do not know if the door was closed-; Funk ordered mc into another man's bunk. I heard Funk call out, " You have shot.'me doctor, you have shot mc." Funk was about three feet from the door, on theatarboardside. I did not see Funk trying to ketf&tbß door shut. I did not Bee anybody trying to do so. I did not hear the captain ipe_k at all. There was no disturbance except Bonrke's singing. Funk was a little the worse for liquor.

_dward French, duly sworn, an ordinary Beaman on board the Gathcart. | I have left. I remember the 24th June latt.. : There was a disturbance oh board.! Bourke, Brown, and Everett, had beerr dri__ing. Everett was drunk, Brown Slightly intoxicated, Bourke not. This was about 8 ajn, and by the time everything was quiet it was about 12 noon. I was in the port-watch. By Bench—-These were only ones : that appeared to have been drinking, i I saw J Funk.: He, was in the forecastle. 7 He was" notdrunk. Some shots were fire&'about 10 o'clock. There was not much disturbance. Brown, Rourke, Funk, McKay, and a man named Meade, were talking loud. I heard the,,captain speak-. I did,not, fee {anyone, aft. ; I did not see qmypne; trying | to |jßep th|3 f door closed. ~t, did snot see the door excejat, o^ce— a quarter- of an<,hour., before the shots were fired. I saw the cantom Jsr#-s_? fc - ° I—>t ebota. Ijurpped-Qut: of jpjjhapimock and saw the captain striding at revolver in his hand. I don't think he said anything. I heard no one : ,Tefaße;to-obey .bis orders, or, ; say,theyf Trowd not go out. I Funk say to JJcJ%fhl~;" You had better turn out,, became there.'is. a row in. the forecastle, and the captain has ordered the men out." J saw McDonald shot It was about five minutes titer Funk spoke. The captain did not speak between firing the shots. Ido not think Funk had anything in his hands. The captain was committed for trial, his solicitor, Mr Nathan, stating that he reserved his defence.

FBLONIOUBLY WOXJNDINO. Begins by Ronrke ▼ Chfurles Crawford, master of the ship Cathcart. = Wat Ronrke said—l am an A.B. on the "Cathcart. We sailed in June. I reaeinber the 24th of June. I saw no disturbance in the ship that morning. I was off duty with a strained thumb, I was in the forecptle,' I belonged to the port _ watch, and was on the port side that morning. I heard some shots fired by. the captain between nine and-ten jthat morning. I saw the captain .fire the 'shots. Brown was there ; he was asleep "at the time. McKay was there,-the two McDonalds, and Funk. I was dancing and singing at the time. I had a ■tick in my hand, used for stirring up paint for the ship's use. The dpor pn the starboard , side was about half open when the captain | pointed the reycjver. When the captain came to the Jj(gcs,it was latched, but not locked. It "was not barricaded from the inside. I saw no one keeping £t shut,* The captain could have got in by simply, unlatching the door. I heard threg shots /fired. I. was wounded in the right arm, and the ball penetrated my side. I was hit by the first shot. .The ball lodged in the side. Dr Chapman extracted the ball two or three days afterwards. The wound bled-ajuqh and when the strait jacket was on it made it worse, tearing the flesh from the wound. I was under chloroform when the .bali was extracted. When the captain came forward there were about 100 passengers standing in rear of the captain three feet behind; and he had his officers with him, The captain: did not speak between the first »nd third shots. There was not a minute be* tween each shot. H« fired as quickly as the chambers would revolve. I was the only one with a stick in my hand at the: time. I did sot hear the captain call on the men to go out before he fired.

By the Bench—l saw no one attempting to keep the door sLut. I had had some drink that morning, but was in possession of my senses. I was two or three feet from tbe door when I was shot.

Henry HoghjObapman, examined said —I was 'surgeon superintendent of the ship Cathcart from. London, jo this port. Hemember June 24th. I went to the forecastle with the captain that morning,' and saw Captain Crawford fire three shots with a revolver. He fired into the forecastle. I saw four men, Christian Funk, Wm. Rourke and two others. I did; not know till the afternoon that he was That afternoon I went down into "imriower lazarette where he was placed, and found he was wounded in the right arm and side.- There was not much bleeding. They both Appeared superficial wounds, and I was of opinion that the bullet had passed along the side. I did not then detect the bullet, but applied bandages and plaster that same afternoon. I had great difficulty in doing so, as he was very violent and using threatening language to the captain and chief officer. He had evidently beendrinking. I saw him every day, and the third morning after the occurrence he stated be bad a swelling in the back. I then examined him again and fancied I could feel a hard substance. I then put him under the influence of chloroform and remoyed : the bullet. It was a corneal leaden one. He was ill Borne time afterwards and qnite unable to work. I was almost touching the captain (about 6in off), when he fired. As far as I can judge Ronrke was abour4ftl)_: T was hot aware that Rourke was shot till afterwards. A short time before-the shot was fired I saw Bourke flourah $ stack, bit cannot say whether he had at the moment thecaptain fired. Mr. K_dec stated that heteserved tha de. fence, and tbe captain was also cox—nutted l« trial oa this indictment. His own re-

cognizance was accepted in £200 in each case. desertion. James Dreary, a sailor on board the ship Taunton, was charged with this offence. Captain Cochrane said the man had pretended to be sick, gone off duty, and at dinner time, when the men were below, took the lighter's dingy, and escaped to the shore. Accused refused to go on board, and was sentenced to four weeks' imprisonment with hard labor.