POLICE COURT.—Tuesday. [Before T. Becham, Esq., R.M.]

Daily Southern Cross, Volume XXIII, Issue 3058, 15 May 1867, Page 5

POLICE COURT.— Tuesday. [Before T. Becham, Esq., R.M.]

, DRUNKENNESS. William Wells, Patrick Fan ell, and David Moneduffe were mulcted in the usual penalty or alternative for the above offence.

BEEAOH OP MERCHANT SHUPING ACT. William Wilson, John McCarthy, Richard Booth, Charles Lee, Edward Martin, Daniel O'Connell, John Taylor, and Lewis .fohnston, articled seamen of the barque 'Island City,' were brought up, charged by Captain Wolffe with disobedience of lawful commands on board that vessel on Sunday morning last. Defendants denied the charge. Mr. Gillies appeared for the prosecutor; Mr. Wynn for the seamen. Edward Wolffe deposed that he was master of the barque 'Island City,'and produced the ship's articles, signed by the prisoners. On Sunday he gave orders to the chief officer to get the vessel under weigh. He had the endorsement of the collector read to them with reference to a complaint they had made respecting the quality of the provisions on the last voyage. Eash man distinctly refused to do any more work on board the vessel. Witness took each man's name down on the log. They continued to refuse to do duty on board the vessel. Mr. Wynn stated that the men had just ground for complaint, as they had been furnished with meat which the Collector of Customs had pronounced unfit for food. They had been furnished with the meit of a cow which was unsound, and had not been properly killed. Witness, cross-examined by Mr. Wynn : The meat I gave to the men was such as 1 and my family ate. The cow was killed properly by the butcher on board. lam not a sufficient judge to say it was diseased. It proved to be in calf when opened. I have put three casks of fresh corned beef on board to replace the meat in the harness caßk, which the seamen objected to eat. The provisions have been inspected by the Emigration Officer, and pronounced good. I refused to allow the men to come on shore on Saturday last, because the Collector of Customs told me there was no necessity for it. John McAllister deposed that he was chief officer of the vessel, and knew that three casks of fresh beef had been placed on board, sufficient to carry the vessel to her destination. The casks usually weighed 3cwt,, which would give 751b. of meat per diem for an average passage of ten days. The Bench asked the prosecutor if he would be willing to take the men back again if discharged, and was answered in the affirmative, The men were asked, and refused to go on board again. The Bench said, that being the case, he should summon the Emigration Officer to certify to the quality of the fresh provisions, and if his testimony was satisfactory he should iuflio* the full penalty of the law. Samuel John Williams deposed that he was Emigration Officer of the port of Auckland, and a master mariner. In pursuance of instructions he had received, he had examined theßtores of the barque 'Island City,' bound to Queensland. An average voyage would be about 20 days, and the extreme 40 days. Under the Passenger Act she would be provisioned for 60 days. He had made an inspection of three casks of beef on board that day, and found it too newly cured to keep. He was quite sure it would not keep 40 days. He had condemned two casks out of the three. Of the old beef he had seen that portion unfit for food thrown over the side. The Court asked the witness, in his capacity as Emigration Officer,to see that proper provisions were put on board before the vessel left. Mr. Wynn thought the men were very hardly dealt with in having no remedy when at sea with such a person as the prosecutor,who placed before them poisonous food. They had just cause to complain that they had shipped with a man who treated them more like pigs and dogs than human beings. He thought the prosecutor deserved no kind of consideration at the hands of the Court. He told them that the arerage passage was ten days, and the Court had heard that 20 or 30 days was an average passage. The Bench said there could be no doubt the vessel was not properly pronsioaed for sea, and until that was the case the men should not be called upon to proceed to sea. The matter now rested with the captain of the vessel. He had no doubt that Captain Williams would see that proper provisions were put on board, and then the men would have no cause for further complaint. He should order the case to be dismissed with costs, the men to be put on board the vessel again.

DISOBEDIENT SEAMAN. Charles Walton was charged by Captain Linthorne, of the ship ' Eegina,' with disobedience of lawful commands on board that vessel on Monday. Prisoner expressed his willingness to resume his duty if Captain Linthorne would take him back again, and, the captain consenting, The Bench ordered him to be put on board.

EMBEZZLEMENT. William Hooper was placed at the dock, charged with having, whilst in the employment of Heuiy Potter, embezzled and appropriated to his own use the sum of £4, the moneys of his employer. Mr. James Rußsell prosecuted; Mr. Hesketh defended. Henry Potter deposed that he was a ohemist carrying on business in Queen-street, and prisoner was an assistant in his employ. He had been with him about twelve months. It was his duty, in witness's absenoe, to receive all moneys. Prisoner admitted that on the morning of the 25th of April he had received the sum of £4 from Mr. Charle9 Inniss. H« had received the amount for sale of spirits of wine. Witness questioned him respecting that amount, and he denied all knowledge of it. Witness then told him that Mr. Inniss had informed him of the purchase, and that it ought to have been entered in the book. At first he said the goods were not paid for, and afterwards admitted that they were and the money was put into the till. He said he had not received quite £4. Witness had an account of the moneys received each day, and the sum alluded to had never come into his possession. By Mr. Hesketh : The sum was received early in the morning. He was not present when it was paid. He meant to say that £4 was a large sum for a druggist to take, and it could not be received without being noticed in the takings. Some days he received more than others. He always left £1 in the till when be closed the shop, and. knew each evening what had been received during the day. The receipts on the 24th and 25th were so trifling that he entered them together. They amounted to £3 7s. 6d., the greater portion of which he had received himself. The case was at this stage adjourned until Saturday next, in order that the person paying in the amount might be summoned to give his evidence. The Bench intimated that bail would be accepted in two sums of £150 each.

PUBLIC BOMBAYMr. Wynn said he wished at this stage to call the attention of the Courb to a matter which concerned the Bench and the profession. He had observed the following notice in that morning's papers: — " Superintendent's Office, " Auckland, May 13, 1867. "It is hereby notified that Monday next, the 20th inst., will be observed as a General Holiday, that being the day appointed for the public reception of his Excellency Sir George Grey, &.C.8., on his arrival in Auckland. "J. A. Giwiixan, " For the Superintendent." His Worship was aware that the day alluded to in that notice was the day appointed for a sitting of the District Court, and he would like to know how the Court would be affected by such an announcement, which be could oiily characterise as extraordinary. The Bench said it could not affect the Court in any way. Mr. Wynn said it was, to say the lea9t of it, an assumption of power quite uncalled for. The Bench said the Court had no power to recognise the holiday. Mr. Wynn said he should not object to the Court recognising the holiday, but it would put himself and the profession to great inconvenience, besides the witnesses who had been summoned to attend on that day. He had himself a witness coming from Coromandel to be present at the Court that day. It was a cool thing for any one to order that such a day would be proclaimed and observed as a public holiday. He recollected that he had on one occasion framed a similar notice, but it was not so dictatorial. He stated in that notice that the day would be observed as a holiday by the public officers, and hoped the public would make it convenient to do the same. Mr. J. B. Russell said it would no doubt meet the wishes of the profession and the witnesses if the Court made some notification of the fact, and formally opened and adjourned to some other day. The Bench said he thought the latter course the most desirable, and should be prepared to receive an application from the profession for an adjournment.

" My friend," said a doctor to hia Irish patient, "be composed ; we must all die once." — " An' it's that vexes me," replied Pat. "If it vfot more than Qao'fc, ahufe I'd be »isy enough."