POLICE COURT.—Friday. [Brfore J. S. Macfarlane, Esq , and H. Gilfillan, Esq, J.P.s

Daily Southern Cross, Volume XXIV, Issue 3428, 11 July 1868, Page 4

POLICE COURT.—Friday. [Brfore J. S. Macfarlane, Esq , and H. Gilfillan, Esq, J.P.s

Drunkenness. — Mary Napier, Ann Swiffc, and K. N, Flood were punished in the usual-way f<w this offence.

Alleged Breach of Destitute Person^ Keeiip Ordinance, — George Kolton was brought up on a -warrant from the Thames charged with a bread* of of the 17th clause of the Destitute Persons Relief Ordinance, By refusing to contribute to the support of his wife and family. It appears that some short time *go defendant was brought before the Bench, and was ordered to pay £1' a week for the support of bis wife and family. He bad, however, neglected to do co for the last month, and he was on Thursday brought from the Thames by constable McGinn by warrant. It was now stated that he had Ja»d up all arrears to his wife, and he was therefore ordered to be discharged.

Bboachin*} Cargo. — John Tollerson and Cham* Margolioutb, articled seamen on board the ship 'Racehorse,' from Londorj, were brought up on remand from the previous day charged with a breach of the Merchant Shipping Act, 1854.— Mr. Beveridge appeared for the prosecution, and produced the chip's articles. — Prisoners pleaded not guilty. — Thomas Sawle deposed : I am chief officer on board the 'Racehorse.' The two defendants were onboard »s articled seamen. On the 27th June they were called at 4 p.m. to come on deck, taargoliouth refused to come. I then went to the forecastle and fouDd him in his berth, and after he came out I found that he was drunk. ' Next morning Tolleraon did not appear on deck, and I wai told that he was sick. I went into the forecastle and found that he was drunk. I made search and found a bottle of brandy on a »helf over his head. I produce that bottle of brandy, which formed part of the cargo. On making search in the hold I found two brandy cases quite empty, and a third case with two bottles gone. There was no brandy among the Bhip's stores of the samebrand as that produced. An entry was then made_ in the log-book, which was read over to the prisoners, but they both denied the charge. The bottle produced was secreted over Tollerson's berth. lam sure the brandy producedjformed part of the cargo. — Crossexamined by Margolioutb. : I did charge you with being drunk.— By Tollerson : I found the bottle over your bunk.— By the Bench : This brandy was stowed in the after-hold ; the crew had no access to it. The third mate used to take Tollerson with him near to the after-hold to get the ship's water. They must have gone into^tbe steerage and got in to the f after-hold by the 'tween-deck hatch. — Frederick Titzck deposed : I am third mate on board the ' Racehorse.' I saw Margoliouth on the 27th June, and I am quite positive he was drunk. TollerBon was found drunk next morning', and on searoh being made the bottle produced was discovered over hia bunk. It formed«part of the cargo. On a further search being made a case of brandy was found to be broached in the lower hold, None of the men would acknowledge where the bottle came from. They said they had money to buy brandy j but I am positive there was no such brandy among the ship's stores. — Cross-examined by Margoliouth : You were too drunk to go alofr, and stood leaning over the lee side. I have not left the store-room door open to my knowledge when passengers have been down below. I have seen a good many of the passengers drunk about the decks. I have seen the third-class passengers in the forecastle. — By the Bench t The cargo was as easily accessible to the passengers as to the crew,— Margoliouth said he was not drunk, but was very ill at the time with dysentery, —but when spoken to he went to his work. Nothing was said to him until the next day about being drunk. He never broached the cargo, and he had never been drunk in his life. — Tolleraon admitted that a bottle" Was found among the coals, which was brought up on deck and drunk by the crew. — Stephen May deposed that he was a seaman on board the ' Racehone. On the day in question, the prisoner Margoliouth was notdrnnk, neither w»s he inc>pable of doing his duty. Had often seen passenger* in the forecastle. Thejjpassengers had better access to the oargothan the crew* Had-never seen the men drinking brandy, and knew nothing about the bottle produced. —Titzck re-called : Brandy was pold to the pas■engers. — Charles Welles] ey, seaman on board the * Racehorse,' gave some evidence on belulf of Tolleraon, who had told him on one occasion that he had fonnd a bottle of grog in the coal-hole. — The Bench Considered that there was not sufficient evidence to convict Margolioutb, who must therefore be discharged. The case, however, was proved against Tollerson, who must be sentenced to fourteen days' Imprisonment.

Insubordination. — Margoliouth was then charged with inrobordination and riotous conduct on board the * Racehorse,' on the 7th July. Prisoner pleaded not guilty. — Mr. Beverid <c said that in this case the prisoner had refused to do duty after the ship was anchored. He was a shilliog-a-month man, and was only engaged as a seaman for the voyage to Auckland. He had teemed to think that directly the anchor was dropped he was his own matter, but in this he was mistaken. — Octavius Lanedeposed that he was second officer on board the ( Racehorse.' On the day of her arrival, and shortly after anchoring, witness went to the forecastle and asked defendant if he was ccoming out to his dnty. .He replied that the ship was in Auckland, and «%ed witness how long he wanted him to work, and distinctly refnsed to do duty. An entry was then made in the log-book. — Captain W. H. Seward deposed that he was master of the ship ' Racehorse. 1 " When he found the defendant had 'refused to do duty on the 7th insfc., he asked him whether he was going to work or not. Defendant refused, laying his voyage was up— he only ■hipped for Auckland, and would not do another ■broke. He was dressed ready to go on shore. The crew, seeing thi>,',also refused to do dnty, and witness Was obliged to threaten to put them in irons and to ■end for the police boat. Defendant's conduct was very bad throughout the whole voyage. He was a thilling-a month man, and had only shipped for Auckland. — Defendant said he shipped in LSndon at a shilling a month, and he thought that when the ship was anchored

he had a right to go nohow as well as the i MsuDgenr, as he had , aid for hw passage by working as a Beaman during the Voyage. Did not know he was obliged to wa ; t on board till the cargo was d.eoharged. or he would not have refused duty.— Stephen May was called for defendant, and deposed that MargeHouth had not refused duty. -The Bench found the case clearly prored, and ordered prisoner to be imprvoned for four weeks and to forfeit two days' pay. Breach of Apprenticeship Indentures— Dana Home, a little boy not more than ten or eleven-years of age, apprenticed to D. Fort, bootmaker, was charged with absenting himielf fromnij wbrk without leave —The boy said his-master pulled his ears because he had not closed his work properly. He also kept him late and "kicked up rows with him." He would not go back.— Mr. Fort said Jie woufd give the boy another ohance.— The Court having reprimanded the boy, he wag discharged.— This concluded the business.