THE ROTHESAY BAY CASE.

Press, Volume XLVI, Issue 7356, 8 July 1889, Page 6

THE ROTHESAY BAY CASE.

At eleven o'clock on Saturday morning the adjourned case was heard of the seamen. Charles Judd, Frederick Brock, Harry Courtney, John Edwards, John Adams, Robert Greenacre, Francis Thomas Lyle, and Richard Warren, who were charged with broaching cargo on board the barque Rothesay Bay while on a voyage from London to Lyttelton. Messrs R. Ticehur.st and H. Allwright, J.P.s, were on' the bench. Mr H. N. Nalder, on opening the case, said that tbe charge was laid under section 123 and sub-section Bof the Merchant Shipping and Seamen's Act, which reads —"tor wilfully damaging the ship, or embezzling, or wilfully damaging any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal in amount to the loss thereby sustained, and also, at the discretion of the Court, to Imprisonment, for any period not exceeding twelve months, with or without hard labor." The vessel left England on March 10th, aud after being out two weeks the captain had his suspicions that the cargo was being broached, and it was got at continually from between the 24th March and May Ist. On the confessions of the..men, which were duly entered in the official log, six cases condensed milk, two cases candles, one case toilet soap and one ullage case of brushes had been taken from the hold. The real object in breaking into the hold was not to obtain drink and eatables, but cloth, which the ringleaders Brock. Courtney and Adams had explained to the others was saleable in the colony. One man was in the hold for over four hours, and as he could not get about without a light it must be seen i the ship was in great danger. The cloth was found but not removed, j The men had not touched the spirits. The ringleaders—Brock, Courtney and Adams—had pleaded " Guilty, and against them he was instructed to pro ceedfor a substantial punishment. The other six the captain was not desirous of prosecuting to that extent, as he was satisfied that they had been led away by the three former men. In their case he would ask that they be ordered to pay for the amount pillaged. Mr Nalder then called Captain L. Veysey, who, being sworn, said that on the Ist of May he questioned the starboard watch, and asked them if they knew anything about it, if they did to let him know. He then questioned the portwatch—Warren, Greenacre, Edwards. Herrstrom, Judd and Lyle—on the voyage out, and they confessed to having received milk which was put in their bunks. The official log was produced with this entry in it, and these men, when the entry was read over, said it was quite correct. Mr Nalder, in answer to the Bench, said they could only arrive at the value through the confessions of the men. The cargo was not yet discharged. In givine judgment the Bench said there was no doubt that Warren, Greenacre. Judd, Edwards, Lyle, and Herrstrom had received the cargo, they would be ordered to pay the amount of £15 and go on board their ship. They should consider themselves lucky that the captain had dealt so leniently with them. With regard to the others—Courtney, Brock, and Adams —they would be punished severely, _ and were sentenced to three months'* imprisonment with hard labor; to be put on board the ship if she sails in the meantime; the value of the cargo pillaged and costs to be paid, pro rata, with the other six men.