MAGISTRATES' COURTS.

Globe, Volume I, Issue 83, 5 September 1874, Page 3

MAGISTRATES' COURTS.

CHRISTOHTJRCH. Saturday, September 4. (Before C. C. Bowen, Esq, R.M.) ~ . ... DRUNK AND DISORDERLY. Archibald Knbwles, for this offence was fined 20s. /I ILLEGALLY ON PREMISES. Robert Thompson and Andrew Thompson, were charged with being found illegally on the premises.of the Christchurch Railway Station the previous night. Constable Davis had found both men at that hour sleeping under the verandah of the station"". They had undone "some bedding which was placed on top of the boxes and had quietly settled down for the night. Mr Jone 3, Acting Traffic Manager had told him;that if they were new arrivals he was merely to turn them ■ away. He (the constable) spoke to' ; them intending to do this, but one of them gave him some 'cheek,' and finding by that he was not a new chum, he took them both into custody. They were sober at the time. In defence, one of the men stated that he lived at Kaiapoi; the other man had only landed the previous day, and they both missed the train. They then tried to get a cab to take them to Kaiapoi, but could not get one under £2. They then tried to get a bed, and- failed in that, so as his friend's luggage was at the station they thought there would be' ib/harm -in -staying there until morning. In reply tp:hi3 Wqrsbip, the other defendant said he had only landed the previous day from the Oarisbrook Castle. Hiß Worship 'told the men that they should have. asked the stationmaster's permission■, before 'Sleeping there.' The case against them would be dismissed.. ..His Worship also said that the meh ! should not have bsen'arrested. It would have been sufficipnt to have taken their aames and Summoned them, as according to the evidence they were both at the.time< >;i m r £'sj[>[ >'/.()') Wednesday, September 2. [Before W. Donald,-Esq., R.M., and J. T. Rouse, Esq. J.P.J ENfiSASTORIiNG. 'TO MAKE JA 'REVOLT' AND COMBINING TO DISOBEY LAWFUL COMMANDS, j I TJ'J 7 i ! ! T [ J ,'' 'I. I James Furlong, Christian Funk, Wra Bourke and George Brown, • were charged with this offence. '"' Mr H. N. Nalder for plaintiff ; Mr T. I. Joynt for accused. Captain Charles Crawford deposed—l am master of the British, ship Cathcart; the four prisoners are four of my- crew, the articles produced are those of my ship, and accused are all,A B's and'are on* the articles. I left London on June 9th. I made an entry in the log-book with.-reference to an occurrence on the 24th June, which was read to,/pri?Qners c the/pamej day'tOPA :jty/w t as: ;mjaide:/, It was naade on the ,25th of June. I remember the 24th of June about 9 a.m., I received information that'(ttiere"#as a noise going on forward, I went forward and found George Brown making a great disturbance at the galley door. I asked what all the nojjej. iw£s/ 'flbaut.;; He. answered,'.'! If 1 51' came forward to fight I would get enough of it.* He then laidv-hphi of mybreastjand tore my shirt. I then 'called assistance and had him taken aft and put in irons. I had him taken into the saloon. Whilst I was putting the irons on James. Furlong came into the Baloon and endeavored to get Geo. Brown out. Janjes Furlong ,was. .then placed in irons. Dirring the J time i we were putting James Furlong in irons Geo. Brown escaped out of the saloon up through' the after stairs that . led from the' saloon to' the poop, passing through the single women's department. He made his way forward tb the forecastle. The second officer (Henderson) and the carpenter (Lean), assisted me to put Furlong and Brown/! inOirons. I Furlong did not say anything when he came into the saloon.. He endeavored to assist Brown while* we were putting him in irons. The steward was in the passage leading into the saloon and endeavoured to prevent Furlong getting into-the saloon. This was about 10 a.m. When Brown escaped I .'.called my) officers and petty officers and went forward to the forecastle, and secured, Brown a second time. I: found a great disturbance there, Rourke urging the men to resist any attempt to take Brown aft. I had my officers with me. I Rourke that if 1 did not'leave the forecastle my life would be the penalty. I did not succeed in taking Brown because of the resistance offered by the prisoners. I then asked them if they intended to mutiny, and was told by Brown and Rourke that they did—that they were now masters of the forecastle and that they would soon be masters of the ship; I did not leave the forecastle then. I ordered all the men that did not sympathise with the mutineers to go aft, which most of them did. I then, in a quiet manner, endeavored to get the men that remained in the> forecastle to listen to reason., which they would not do, but Rourke, with a stick which he held in his hand, put it to my breast and pushed me outside the forecastle, telling me at the same time that if I came inside that door they would have my life. I then went aft along with my officers and sent for Dr Chapman; the surgeon superintendent, and consulted with my officers for about an hour. With the concurrence of my officers, we decided that the mutiny must be quelled at all hazards. I then called my officers and crew and went forward to the forecastle door. The four prisoners were still inside, and the door was barricaded. I then called to them to open thejdoor and to give themselves up, quietly. ; The men's

answer was a ringing cheer, and I was told by those inside that if I came inside they would have my life. I again asked them to give themselves up, but they still refused to open the door and admit any one. I then, with the assistance of part of the crew and my officers, endeavored to force open the door with capstan bars, but was resisted by the men inside from getting the door open. I then told them that, if we were not admitted, I should be obliged to use firearms ; but they still persisted in keeping their backs against the door, and I was told by them to fire away ; Again, 1 asked them to give np. and endeavored to force the dour upon." We then got the door partly open. I then told them to keep away from it or I should be obliged to fire, but they would not move. I then fired a shot and again asked them if they would move from the door. They replied they would not do so, and flourished clubs of wood they had in theit hands". Tltey said they were masters of the forecastle:< and 3 they intended to keep so. I then fired another shot, and again asked them if they would open the door, but they still persisted in refusing, Funk being nearest the door and having his foot under it, I shot him in the foot, and-a rush was then made and the door burst open, and the mutineers were disarmed and placed in irons. The men were armed with clubs of wood : they flourished them and tried to strike us as we rushed into the forecastle. George Brown made use of most obscene language, and said that, if he got out of irons, he would cut my throat. To put a stop to Brown's disgusting language I had him gagged for half an hour. The language he made use of when in the room he was confined in was of the most disgusting nature. The room was near the siugle women's hospital. On the afternoon of the same day James Furlong got the irons off his hands and unscrewed the lock of the door, escaping forward. I. then, along with; my officers, went forward to have him secured. He then got over the fore-rigging, and as I stepped up to lay hold of him he kicked me in the forehead. He then went up into the foretop. I finally retook him and put him in irons again.'' : j: ," , ,\ By Mr Joynt—The disturbance commenced in the galley. There was a fight with the cook and George There was a crowd of passengers about him (Geo. Brown). Furlong, Rourke, and Funk were in the forecastle at the time. He first saw Funk when he went forward the second time. He then had his back against the door. Funk was generally a quiet man. Brown was a good deal excited that morning. • - A;bput; , twenty f, persons were/ ready to assist him to break the door' open. Did not know whether the resistance was by the men's backs. Funk he knew was close behind it. There were about 400 passengers in the ship, nearly, 500. souls in all. The disturbance commenced between nine and ten afcer breakfast. Had been captain of a vessel five years; and had carried passengers but not immigrants. The door was partly open before shots were fired. They were fired from a six or seven chamber revolver loaded with ball ; three chambers were emptied. About six inches of the door was open sufficient to allow of an arm being passed in. At the time he fired he passed his arm through the opening of the door and fired in. This was on the occasion of the first and second shots. On these first and. second . occasion,?. William Rourke was wounded,'and-a young man named D. McDonald, an ordinary seaman. He did not believe at the time he was a mutineer. He did not believe anyone was in the forecastle at the time but the mutineers'.' He Folemhly swore that when he fired those shots he did not know McDonald waS|there. ,At. the time Rourke was brandishing a sword. This' was' an instrument 4ft. long, Gin. wide, and about one inch thick, used for making; mats, edged on one side but hot pointed. The clubs used were pieces of wood—that is what he would have called them on shore. The mutineers did not strike anyone with these weapons ; the reason was because they could not get at them, the door was 'open "about six inches when he fired at Funk's foot. Funk's foot wss under the; door .at 'thefback; of "it,, >pd, the bottom of the door was about eight inches from the deck. He took aim at Funk's foot and shot through it. After that, he got into the forecastle by making a simultaneous rush at the door. About ten minutes elapsed between the firing of the first and last shots. When he got into the forecastle he disarmed the men and put them rin confinement. One l [of,.them,Brown,was gagged. Rourke was placed in the lower lazarette for that day and a few days after. He was handcuffed. He was then put into one of the hospitals and kept there till the l.ast three., weeks of the passage. During 'those weeks he was put into the lower lazarette again. Mr Nalder objected to this as irrelevant.

He was then put into the cabin watercloset; that closet had been used for ordinary purposes ; during the passage. Rourke had to eat, drink, etc, in the place for these three weeks. He had a straight-jacket on for a day or two after the handcuffs were taken off. It was fastened in the usual way —laced Up. It was put on -again three weeks before coming in, when he was moved from the hospital to the lazarette. The watercloset was still used while Rourke was a prisoner in it. Furlong was only handcuffed and then put.ipto a side cabin off the saloon. He was also put into the watercloset for a day or two. fie was then removed into the hospital and kept there till the end of the voyage. The irons were kept on for a day or two. When the irons were taken off he. had the straight-jacket put on for a day or two. Funk was placed under Dr Chapman's charge in the after hospital, and kept there till it was required for hospital purposes. No irons were placed on him. He was not placed in the watercloset. Brown was first put into the watercloset after arrest and then gagged. Was kept there for a day or two under irons. He was then put into the lower lazarette, but the irons were off. He was secured under the grating. It was lifted when he was fed. He was kept in this way Pearly a month.. He was then taken into the hospital aud kept there till arrival. He ascertained the prisoner was suffering from venereal disease before he was put into the lazarette. Did not know what had caused the excitement amongst the men on themorning of the mutiny, except their having some drink. When the four prisoners were taken out of the forecastle McDonald and Meade remained in. There were no others. Meade was an able seaman, and had hot taken any part in the revolt. He was aware that Meade was in the forecastle when he (the captain) shot. He knew Meade was in there trying to pacify Rourke, but knew he was not close to the4 o or;.j ixiiri >

By Mr Nalder—Did not call upon passengers to assist, but believe Mr Bruce, the chief officer, did so. Had over 500 souls on board. These were immigrants and crew too. The vessel wanted ten of her complement. Had no other place to put the prisoners in.

William Bruce said - I am the chief officer of the ship Cathcart. I remember the 24th of June last. There was a disturbance on board on that day. Was not there at the commencement. I saw the four prisoners that day, and saw James Furlong being put in irons. I came into the saloon and assisted to put him in irons. Brown was not there when I went in ; he had escaped. The captain asked me to go with him to secure Brown again. We went to the forecastle and saw Brown there, but did not take him. We were strongly resisted by some of the crew. Brown and Funk were there. They said we should not pnt him back in charge again. After a great deal of trying to put Brown in irons, we were pushed out of the forecastle. I was kicked on the back, by whom I cannot say. :The captain was told that if he entered the forecastle again, his life would be the penalty. They said they were master of the forecastle, and soon would be master of the ship. Could not say who said so, as there were so many in the forecastle. After we were put out of the forecastle we deliberated for an hour. The captain called the officers together to decide what had better be done. We came to the conclusion that the men must be secured at any hazard. This was my opinion. I formed this opinion from the resistance and disturbance on b >ard the ship. I asked the passengers to assist me, and they would not. I was afraid of this disturbance extending to the passengers, as some of them were disaffected towards the ship. I thought this from remarks I heard made by the passengers about the deck. Went to the forecastle again, and I don't recol'ect what took place first. There was a general disturbance throughout the ship caused by the disturbance in the forecastle, some of the men being drunk. The female passengers were shriekirg and children screaming, I had to order them below, two or three times, The whole of the crew did not remain in the forecastle. They who were not inclined to •join the others were asked to separate themselves. Some left the forecastle on being called on by the captain. Rourke, Brown, and Funk, were in the forecastle. There were many more there, but I cannot say who they were. Furlong was in irons in the cabin. 1 cannot say how many remained in the forecastle, but they were over a dozen in number. They were not all seamen ; some of them were passengers. They were were in the forecastle, and shut the door that no one should enter. The part of the crew that went aft and left the forecastle, left a little time before. We were pushed out of the forecastle. We endeavored to get the forecastle door open. I took some of the crew that were not inclined to join the others, and we tried to force open the door with a rammer. We did not force it open. We eventually got into the forecastle on the starboard side, and found prisoners Brown, Funk, Rourke, and some others there. There were no blows struck. When we got in, Rourke had a wooden sword in his hand ; an instrument for making mats. One of the men in the forecastle had a piece of iron in his hand. There was nothing else in their hands that I noticed particularly. When we gut into the forecastle we overpowered the men. We put P>rown and Rourke in iron", and took them aft and put Fuuk in the surgery. It was my opinion that the men meant mischief. I do not know what mischief. I mean the violent threats that were made. I believe the men intended to carry out the threats they used if they got the upper hand. The ship was in a state of mutiny. I have been twenty-one years at sea, but never saw such a disturbance before. By Mr Joynt—The disturbance occurred after breakfast. I saw the first man drunk, he was on the starboard fore rigging. I saw several persons drunk ; the first I saw of the disturbance was the prisoner Furlong being ironed in the saloon. I had been in the after hold with the purser, seeing where the men got the drink. The reason I went was that I Saw several had had drink, and I reported lc to the captain. I saw Furlong kick the captain in the head. I saw no other blow struck. got adrift from his irons after the disturbance was over, and went into the fore rigging. The captain was trying to ascend after him when Furlong kicked him in the head. The disturbance, as far as the ship's company was concerned, was confined to the forecastle. We had a consultation amongst the officers and captain, and resolved to take the men at all hazards and to go into the forecastle at all risks to ourselves. I was not aware when we went to the forecastle after the consultation that the captain was going to shoot auyone. The captain never told rne or anyone else, as far as I know, that he intended to do such a thing, or that he was armed. I was not armed nor any one else as far as I know. I was first aware that the captain had a revolver when we got the door forced partly open on the starboard side. He called to the men three times to look out, he was going to fire if they did not surrender themselves. Then for the first time I saw the revolver as well as I can recollect. The men still resisted, and the captain fired three times. There was an interval between the shots, but leannot tell you the time. I caunot say that the captain spoke to the men between each shot. We first tried to ram the forecastle open on the port side. We did not know that any one was wounded until we were fairly inside. At the time the shots were fired in the forecastle, T knew that Funk, Rourke, and Brown were inside, but I did not know who else. I was about twenty paces behind the captain. I saw the captain fire the shots; his hand was on the forecastle door. I did not see Funk's foot wounded. Both the port and starboard doors were secured. When we got into the forecastle we secured Brown and Rourke. They made no resistance worth speaking of. The sword referred to was about 5 feet long 5 inches wide, and 1 inch thick. It was used for mixing the paint. One of the men had a piece of iron about 4ft long and two inches thick. He was flourishing it it about. They were gassing a bit. No one was hurt with the weapons referred to. • I can't say the prisoners were generally steady, except for the drink they had. There was a boy named D. McDonald on the forecastle where the shots were fired. He has been laid up sick since. He was not mutinous. He was a very quiet lad. Brown was put in the watercloset after he was taken out of the forecastle. They were brought on deck for exercise when the weather permitted. They may have been a week without coming on

deck. The women were frightened before the shots were fired. I think that it was the row going on in the forecastle that made the women scream. We put the straight jacket on the men when we took the irons off. They were put down in the lazarette one by one. It was the lower lazarette. There is a platform across the bottom ; it is perfectly dry. The air that went into the lazarette came from above. Each man was confined part of their time in the watercloset. They had their beds in with them. I saw the meals brought to them while they were confiued in the watercloset. The door was always locked. Never saw a sailor locked up in a watercloset or any other place on board a ship in my twenty-one years' experience of the sea. Through the round hole in the forecastle door you can see from 12 to 14ft ahead. It is not very dark in the forecastle. Albert George Cubitt stated. I am third officer of the ship. I remember the 24th of •tune last. There was a disturbance on board the ship on that day. The first thing I saw of it was after breakfast. I was serving out water at the forecastle door. I saAV the man Rourke flinging a barrel of lime or chalk out of the forecastle on deck. The head was out of the barrel, and it scattered about the deck. I went aft and reported it to the captain, and went forward again. The first thing I then saw on going forward was a row at the galley door. The cook, Brown, and a man named Everett were engaged in the row. I saw the cook close one door, and the prisoner Brown and Everett rush round to the other. Everett was drunk, and fell down and cut his forehead on the door-step. The next thing I saw was the captain coming forward again with the irons at his back. He went into the forecastle. The captain came forward with the boatswain. Some of the men were intoxicated. Brown was urging the men on to fight. Rourke was making a noise in the forecastle, and told the captain he had no right there. The captain said he was master of the ship. Rourke said the captain was not the master of the forecastle, and that the forecastle belonged to the men. He laid hands on the captain and pushed him about, trying to force him outside the door. He was flourishing a stick about his head. I did not see any blows struck. Rourke was the only man I saw pushing the captain. Brown was amidships incitiug them on. I was with the captain and boatswain. The second mate was there part of the time. We did not get Brown out this time as they resisted so much. We were prevented by the others from getting Brown out. All the officers were turned out of the forecastle by the men. I did not notice the chief mate at this time. After we got out of the forecastle the captain went aft. I stayed forward. I heard a disturbance in the forecastle like banging things up against the door. I saw the captain come forward again about half an hour, perhaps three-quarters of an hour, after he was turned out of the forecastle. The whole of the crew were not in the forecastle ; some were aft on the quarter deck. The captain said " All you men that are going to help me to secure the mutineers come aft on the quarter-deck." This was after he had been turned out of the forecastle, he called to all those who were not mutineers. About nine or ten went aft the first time the captain called. When the captain came forward the second time the men inside the forecastle were making a great noise knocking against the door. The captain asked them to give themselves up, the forecastle door was shut, they said no, they would not surrender. I remember no threats being used, but there was a good deal of abuse given to the captain by Rourke. He said they '"ere not getting fair treatment. His abuso consisted of that he was calling the captain names. He called him a sou of a bitch and a Scotch bastard. The captain stayed about twenty minutes at the forecastle asking them to come out. The men with the captain tried to force open the forecastle door with handspikes. It was got open eventually, and the captain gave the prisoners warning and then fired three shots, two through the opening of the door and one under the door. The shots were all fired within three or five minutes. When we got into the forecastle, I saw Funk was shot through the foot. I also saw Rourke and Brown, and helped to take them aft. I saw nothing in tlic prisoners' lianas wlien we went in after the shots had been fired. The Court then adjourned till the following day. Thursday, September 3. [Before W. Donald, Esq.and J. T. Rouse, J.P.] A. G-. Cubitt was cross-examined by Mr Joynt—lt was Rourke who capsized the barrel over the deck. There was singing and noise from the watch on deck in the galley, but no disturbance till the row in the galley. Twenty minutes after, he went to captain and told him the men were kicking up a row forward. Did not tell the captain when the row at the galley took place. He went in to the row, and saw the captain and carpenter there trying to secure Brown. He was the only one they were trying to secure. Saw that Everett had his forehead cut before he went into the row. Did not see Everett again till next day. Did not know whether the captain had the irons on him when he was trying to secure Brown. Everett, Rourke, Brown, and Campbell were drunk that morning. I dont think more than four or five were intoxicated that morning. Campbell was an A.B. Campbell did not go aft. He (Campbell) was put in irons and strait jacket. Did not know the exact time when he was in irons. Did not know when he was released. Did not know the exact number of the ship' scompany that remained in the forecastle when the captain called the men aft. Did not know there was a mutiny on board till the captain was turned out of the forecastle and told he had no business there. I consider that a mutiny. Had never been in a mutiny before. Could not say how many men it had taken to turn himself and the captain out of the forecastle. Should think there were four or five. Rourke, Brown, and Campbell were amongst them. Cannot remember the names of the others. Rourke and Brown were taking an active part in turning the captain and himself out. Brown did not touch me, but took an active part in inciting the others. Brown told them to fight and turn them out. He was then on the midship part of the forecastle, with his hands secured. The captain, boatswain, second mate, and .himself, with eight or nine of the crew, were present at the time. The captain asked the crew to assist him in securing the witnesses. The captain put the question to the men, whether they would secure them, and the men said they were not able. Hail seen a lad named McDonald, who was shot; did not see him take any part in the disturbance. The, captain was turned out of the forecastle, and he (Cubitt) left with him. Did not know when that portion of

the crew who were aiding the captain against the mutineers left the forecastle. Looked upon the affair as a drunken row, till the time the captain was turned o'lt of the forecastle. He then thought it a mutiny. After the captain went aft I remained forward, and served out the water, and at that time 1 considered the ship in a state of mutiny. The captain remained aft half or threequarters of an hour, and I remained forward all that time. He was about three yards from the forecastle door during this threequarters of an hour. The mutineers were in the forecastle all the time. The immigrants were most of them on deck at the time, and seemed scared at what was going on. By the Bench—Did not think the drunken men in the forecastle could alone take possession of the ship. By Mr Joynt—To my knowledge they did not strike any one. He had not been consulted by the captain with the other officers. The starboard door of the forecastle was got open a little way, when they tried to take the men. Did not know how the door was kept to on the inside. They opened it with a handspike. They kept it open with a handspike being held between the door and the combings. Did not know the captain had firearms, or that he was going to shoot till he actually did so. The time occupied by the firing was more than one and less than five minutes. Before the captain fired he told them he was going to fire, and after he fired the first shot he said " look out." Did not know if he spoke after firing the second shot. Saw the captain tire the third shot at a man's foot placed under the door. Knew the foot by the boot, but could not see the individual. After the third shot the door was pushed open. Do not know if there was any further resistance after the door was burst open. Cannot say whether more people went in to the forecastle than were turned out of it previously. No grog was served, the ship was a teetotal one. By the Bench—Furlong was drunk after dinner on the day of the row ; Funk was drunk in the morning. Henry Hugh Chapman, medical superintendent of the Cathcart, was then examined —Remembered 24th last June; was in charge of immigrants; there were 528 souls on board, including the crew. I saw disturbance that day. About 10 or 10.80 heard people running aft—thought it was a man overboard and came on deck, and then heard that a man had been found drunk and placed in irons. The man's name was Brown —he was in the saloon when I came on deck. I looked in and the captain was there with prisoner, and I think Mr Bruce, the first officer. I did not go in but went to the dispensary. I was leaving that place to go on deck, when Furlong came in at saloon door. I asked him what he wanted, and told him he had no right to enter there and ordered him not to do so. He was a little the worse for liquor. I tried to prevent him going in, but he pushed me on one side and entered. The steward also tried to prevent his entry. He struggled with the steward, tore his shirt, otherwise illused him, and eventually got in. He (Furlong) made use of bad language, and called the steward a "damned nigger," or words equivalent in meaning, and said that he would not be stopped by him. Furlong also used bad language to myself. The captain tried to put him in irons, because he was violent and endeavoring to procure the escape of Brown, whom the captain and carpenter were just putting in irons. The mate tried to stop him. Furlong knew quite well what he was about. I went below and stopped there till the captain sent for me. On coming on deck again saw a crowd in front of the forecastle. Walked up there and found the captain and Mr Henderson, the second officer, trying to induce the men to be quiet. Two of the men were drunk outside, the rest appeared to be inside the forecastle. Did not see the captain go in. Did not hear the crew say anything to the captain. Previous to this I went aft and got the single women down below, as they were much alarmed, and several of them went into hysterics. Fright caused the hysteria. They had seen Brown pass over the poop, and there was much noise and disturbance. The captain asked me to go forward with him. At this time there was a serious disturbance on T)oard. I think it wab serious because I was told so. I did not take an active part up to this. I then went forward with the captain and other officers of the ship, and going to the port door of the forecastle found it shut. The captain called upon the men to open the door and let him come in. The men did not admit him ; they simply raised a shout. I did not hear them say anything to the captain. I was a little way off at the time. The captain then ordered those with him to taks handspikes and force open the door. The men inside resisted, and did all they could to prevent its being opened. We forced the door open and eventually got in. but before this the captain fired three shots among the meu. They went in with a rush and a cheer.

By Mr Joynt—Furlong was slightly the worse for liquor when in the saloon ; cannot say if Brown was. Did not think much was the matter when he saw Brown had been placed in irons. When Furlong entered the cabin the officers attempted to secure him, and while doing so Brown walked out. The captain sent for me an hour and a half after I saw the row in frout of the forecastle. The captain sent for me to consult me and did so; there was no!one else with him at that time ; the result of that consultaiion was that they went forward. I was not aware when I went forward that the captain intended to use firearms to subdue the men. The door of the forecastle was shut and those inside resisted their entrance ; they were shouting inside. Was just behind the captain when he first used firearms. He used a revolver. It was some time after he arrived at the forecastle door that he used firearms ; the door was then half open, the captain could have got in sideways. The men had sticks, and one thing I thought was a hatchet, but it tinned turned out to be a shovel. The captain put in his head and withdrew it. He fired from the outside. He called out to the men before he shot, " Look out there. I am going to fire." There was an interval between each shot, and he stated his intention to fire again. There was a minute or two between the first and the second shots. Soon after the second shot the captain saw Funk's foot protruding from the door, and put down his hands and fired at his foot. After this they got in. The first man I found wounded was Funk. Hehada bullet in the centre of Ins foot, and had lodged in the sole. I took charge of Funk. He was a little the worse for drink. After extracting the bullet I gave him some stimulant. It was au ugly wound. Rourke was wounded. I did not know it at the time. He was struck in the arm and side, the bullet passing between and lodging

underneath the skin about three inches beyond. I extracted the bullet. Daniel McDonald was also wounded ; he is a lad. He was wounded in the groin ; it was a severe wound. I have not extracted that bullet; I don't think it is inside. Funk is suffering a little from his wound, and McDonald also when he walks about. The captain, officers, and crew tried both doors. I tried the port side myself. I think the port door was fastened mechanically; the other was held fast by physical force. I did not notice how many went into the forecastle. We went in with a rush. This finished the prosecution. Mr Joynt, after a consultation with %he prisoners, said he had determined to call no witnesses for the defence. He was sure that the evidence was such that there was no intention of a plot. It might have been stopped by locking up the men for twenty-four hours till they came to their senses. He admitted the men were drunk. The charges they had to meet to-day were those of " combining to disobey lawful authority and assaulting the captain." The evidence was made the most of by the captain to extenuate his own rash conduct. The whole affair arose from Brown being put in irons and escaping, and his messmates not allowing him to be retaken. The learned counsel went on to renew the evidence at length. The only two charges that could be proved were wilful disobedience and combining to disobey lawful command. He would leave the matter in the hands of the Court. It was entirely the result of drink. He would ask the Bench to bear in mind what the men had suffered. The men had suffered far more than was commensurate with their offence. Mr H. N. N alder then addressed the Bench, and quoted largely from two prior cases. The Bench stated that they thought the charge of combining to disobey was proved, and sentenced the prisoners to twelve weeks' imprisonment each, dating from the 24th of June, the day the disturbance occurred. The case of assault was also clearly proved against Brown and Furlong. The charge of assault against Rourke would be dismissed, not being proved. Brown and Furlong would receive an additional month's imprisonment for the assault. The Bench said that, during the trial, great stress had been laid upon the places where the prisoner« had been confined. The lazarette and hospital were proper places for the confinement of the men, but the water-closet certainly was not. FELONIOUSLY WOUNDING. Charles Crawford, captain of the ship Cathcart, was charged with feloniously wounding D. McDonald, on board that ship. Mr Nalder for defendant, Mr Joynt for plaintiff. Daniel McDonald, ordinary seaman on board the Cathcart, stated—l shipped in London, and sailed about the 11th June. Remember the morning of 24th June. The ship was then on her way from London to New Zealand. By Bench—This is the first port she has reached. By Mr Joynt—There was a disturbance on board that morning. I belonged to the starboard watch. About 10 or 11 a.m. it was tny watch below. It was my watch below from 8 to 12. I was in my hammock after breakfast. I turned in at a quarter to 9. I was in the hammock about an hour. T was asleep till I was called. I then turned out. I was putting on my belt in the forecastle when the door was forced open by a handspike about a foot or a foot and a half, and the captain of the chip (Captain Crawford) fired in twice. 1 saw him fire the second shot. The second shot struck me in the groin. I was wounded in the groin. I walked forward about ten feet and then fell from the effects of the wound. 1 became insensible. The first thing I remember when recovering my senses was that my brother was sitting by me and the doctor coming in. The wound bled; it was some depth. The flesh was cut. I still have sharp paii.s at intervals, sometimes twice or thrice a day. Have done no duty since. Exertion does not affect it. I took no part in the disturbance. I know of no cause that could have led to Capt. Crawford's shooting me. By the Bench—l was only just awake, and was putting my belt on wK« n I was wounded. D. French, J. M'Kay, Brown, Rourke, and Funk were in there. Cross-examined by Mr Nalder—The first I heard that morning was Campbell and Everett on the other side (who were drunk) quarrelling. Did not remember seeing the captain enter the forecastle. It was about ten minutes past eight when I saw Campbell and Everett drunk. I was then having my breakfast. I did not see Brown come in that morning with the handcuffs on. Heard no other disturbance that morning except with Campbell and Everett. Heard no hammering at the forecastle door. My brother turned in at the same time I did. I had breakfasted with the watch, but do not know what they did afterwards. My brother was in the forecastle when the shots were fired. When I woke up Rourke had a stick in his hand. I saw Funk run to the door when it was prized open. Funk said to me, " Come on." He had nothing in his hand. No other man had any weapon in his hand. I saw the door prized open. Do not know what was keeping it shut. My hammock was 8 or 9 feet from the door. I cannot say what kept it shut unless it was Wm. Rourke behind the door. No one else was near the door. Cannot say what Funk did when he reached the door, as I was shot before he got there. Did not hear the captain speaking to the men inside. There was not much row when I turned out. Did not hear the captain speak at all. Did not hear the men say anything to the captain. I had no time to hear anything till I was shot. There was no noise or disturbance of any kind in the forecastle, and the men said nothing to the captain. By the Bench—l was called by Christian Funk. Funk said, " Come out of the forecastle before you get shot." I aad had some drink this morning. It was some gin given me by French. I had been out on watch eight hours before 8 a.m. that morning. Dr Chapman, surgeon superintendent of the ship Cathcart, called by Mr T. I. Joynt, said —I remember the 24th June. I saw some shots fired into the forecastle that morning by Captain Crawford. They were fired from a|revolver. He fired three times. There were some people in the forecastle at the time he fired. Shortly after the shots were tired saw a lad named McDonald, the last witness, after he had been taken out of the forecastle. I examined him almost immediately alter. I found he had been wounded in the groin by a ball which had passed in, but there were no signs of its having entered any distance. The integuments were divided, the fascia

was penetrated. I passed in a probe about an inch obliquely, towards the scrotum. I did not succeed in finding the bullet. It is possible, but unlikelv, the bullet may be there still. When I saw him he had fainted. There was considerable haemorrhage. The drawers were soaked with blood. He was under my care for several days after. By Mr Nalder—l went to the forecastle door because the captain asked me to accompany him, to help him in quelling a disturbance. It was in the forecastle at the time I went forward. The men had broached cargo, some had got drunk, and some had refused to obey the captain's orders that morning. Some had refused to obey orders and were in the forecastle when we went forward. The men shut themselves in the forecastle. The captain called to them to open the door, admit him, or come out, but they refused to do so. There was some noise going on inside, they raised a shout when the captain called them. The men made no reply when the captain called them. The captain, after forcing the door, warned them he was going to fire. There was no distinct answer, but the men must have heard the captain speak. Do not of my own knowledge know the cause of the disturbance, but know that Brown had escaped to the forecastle, and that it was their refusal to give him up that caused the disturbance. I saw Brown in irons in the saloon, I believe for making a row. Brown was in the forecastle at this time. : Edward French, ordinary seaman of the Cathcart, was then called by Mr Joynt. Remembered morning of 24th June, there was a disturbance on board that morning. I remember the time when some shots were fired into the forecastle. When the first shot was fired, I was in my hammock on the port aide. I then sprang out of my hammock. Just as I got to the starboard side of the forecastle, Daniel McDonald called out "O my God, lam shot 1" He presently fell down, I ran towards him; Shortly after, 1 saw him insensible. He was in his bed just before that, and I heard Funk call him. He told him it was the captain's orders to get out of the forecastle. I was awake all the time through being ill. The captain fired the last two shots. McDonald sang out as soon as the second shot was fired. It was five minutes after Funk called him when he was shet. It was just after he turned out. By Mr Nalder—l had been in the forecastle over an hour. lam not in the sime watch as McDonald. I saw Brown in the forecastle. Was not there when he came in. Was laying in the hammock when the captain came in ; saw him, but could not see Br.owp. Brown had irons on his hands, Did not see captain take Brown. Did not turn out till after the .first shot was fired. Heard some talking going on at the time the captain came in; could not say what it was. Could not hear what Brown said to the captain. There was so much talking going on you could not hear yourself speak. Rourke, R, r McDonald and McKay, D. McDonald, Brown, Funk, and myself were there at the time the shots were fired. After the captain went out the first time one of the ordinary seamen came and locked the port door, and said the second mate had told him to do it. Could not see the starboard door when I was lying down. SawJßourke standing close to the starboard door with a stick in his hand. The door was not locked. Heard a noise outside the door; could not see the lower part of the door. Did not hear the captain call on the men to come out of the forecastle. It was about five minutes after Funk called him McDonald turned out. I and McDonald had had drink that morning a little after It was about a wine glass full in a pannakin ; it was not enough to him sleep soundly. I only saw him drink onqe that morning. Saw a good deal of drink (three or four bottles) in the forecastle that morning, soon after midnight, before the disturbance. I heard no threat made use of towards the captain. One of the men had a paint stick in his hand during the row-; did not see any one with a shovel. R. McDonald, brother of complainant, was 4 next examined. Remembered the 24th of June; did not see any shots fired ; was forward at the time, and had just got out of my hammock when the first shot was fired. Had not taken any part in the disturbance that' morning. Saw my brother when shots wer& Area ; he was in the foretmaHie. He was struck by the second shot in the groin. He had just got out of the hammock when the second shot struck him ; he was wounded. He appeared to suffer. He fell down, and cries and groans came from him. He said " Don't go away, I am shot, I am shot," and then fainted. I had been asleep, and a man called Funk called me and told me to get up, as the captaia was going to shoot into the forecastle. He woke me, I was asleep before. Three shots were fired. My brother was wounded with the second. By Mr Nalder—l was in the same watch as my brother ; there were thirteen in our watch. Turned in that morning soon after 8 a.m., and remained in hammock till called out'by Funk. Was asleep the whole time. Heard no disturbance at all during that period. Had drunk nothing but coffee that mprning ; had had no intoxicating liquors. .By the Bench—Or that night. By Mr Nalder—Was sleeping in the centre of the forecastle. Funk woke me before the first shot was fired. He woke me about three minutes before. I saw my brother, a man named McKay, and one or two others at the door. I jumped into another man's bunk Out of the way of the shot, and did not see what the men were - doing at the door. Did not see Brown there. By Bench—l and my brother were awoke together by the same man. He said, " Get up, the captain ia going to fire." lam sure the captain gave neither call nor challenge before the shots were fired. French and McDonald were in the same watch. The shots were fired from the starboard door. My brother was twelve feet from the door. He did not call out at first. lam a pretty heavy sleeper. Ido not know if my brother is. Neither of us had taken any part in the trouble that day. Did not hear the captain call upon those who did not revolt with the crew to come out of the forecastle before he fired. W. H. Eyes, clerk to the Bench, Lyttelton, said I was present in the Court when Captain Crawford gave evidence in the case of the Queen v Furlong, Funk, Rourke, and Brown; Captain Crawford gave evidence and I took it down. Afterwards, I read it to him, and he acknowledged it was correct and I believe signed it. Mr Joynt said—l should like that evidence read. Mr Byes then read the evidence of Captain Crawford. Mr Joynt said that this concluded, the case for the Crown.

Mr "Nalder reserved his defence. The Bench then stated that the case would be sent to trial. Bail was required from the captnin in two sureties of £IOO each. Mr Nalder—Would your Worship not take bail from one surety for £2OO. His Worship agreed to this. DRUNK AND INCAPABLE. Harriet Meade, charged with this offence, was fined 20s. LARCENY ON BOARD THE CATHCART. Robert Campbell was charged with stealing a watch, chain, pouch, etc, The case was remanded for the evidence of some of the prisoners from the ship at present in durance for resisting the lawful authority of the captain.