RESIDENT MAGISTRATE'S COURT,

Lyttelton Times, Volume XIX, Issue 1092, 29 April 1863, Page 5

RESIDENT MAGISTRATE'S COURT,

Lyttelton. Sati"i{]>.vv, April 25. (Ik'fore AVm- I )onillli - Es, l-> liM -: Kobert Latter, Esq.. Geo. Hhodes, Esq., JT.'s) „U;I;K AiiAiNsr TIIK steward OF THE SHIP HI'NTRKSS. Fisher. steward of the Huntress, was again heed at the bar, charged by Capt. Barrow with n-fusin-i to do duty, and using threatening language. 'Hie ease was adjourned from Thursday last for the production of further evidence. Two or three of the I'libiu passengers proved that the steward on ■several occasions used very insulting language to them, and also to the captain. The mate, J. W. Fit/Gerald, also proved the accused had refused to turn to and assist to work the ship when requested bv him to do so, under orders from the captain. The accused said in his defence that he had never ret'iwl to do his own duty, and not being a sailor, lie could not be considered of any use In working the ship. stated that on some of the occasions complained of by the cabin passengers, he was sure that they had not stated the truth. The captain had told hiin that he was to say as little as possible about this matter, and he (the captain) would meet him afterwards. lie would not say anything more now till he had done with the captain in this case. The l»eneh decided that the charge was proved a gainst him to their satisfaction, but considering the lens;h of time he had been confined oil board, they should only sentence him to 48 hours' imprisonment, telling him that he had taken to the use of intoxicating liquors to such an extent that at times he did not appear to he master of his own actions, and warning him for the future to be careful how he lulgetl in them in New Zealand. Lyttelton, Monday, April 27th, 1863. (Before llis Honor S. Bealey, Esq., J.P., W. Donald, Esq., R.M., Messrs. Maude, Aynsley, Stoddart, Latter, and G. Rhodes, Esqs., J.P.'s.) CHARGE OF ASSAULT. Captain Barron, of the sliip Huntress, was charged bv Louisa Fowler, one of the passengers, with committing an assault upon herself and child, by plying the hose from the fire engine upon them. Since the arrival of the ship in harbor, considerable dissatisfaction lias manifested itself amongst the immigrants, and the court was" crowded on this occasion. All witnesses were ordered out of court. Louisa Fowler was duly SAvorn: She stated that on a particular day, about the sth of March, during the voyage to Lyttelton, the order was given for all to come on ileek. I was on deck some time before this, and had occasion to go down again to see my baby. The captain threatened if I did not go on deck he would play the hose on me. He did so, and I had to sit on the deck for four hours with my wet things on. I could not go down to get them dried. The ladders were removed to prevent us going down. The captain snatched the hose from the hands of one of the sailors. I have been ill ever since, in consequence. I have suffered from cold and sore eyes. I remonstrated with the captain. 1 was near the after hatch. I am sure the hose was directed upon me intentionally. By the defendant: I never was on deck improperly clothed, and never refused to go on deck when requested by the doctor. Thos. Hall, sworn: I was a passenger by the Huntress; remember the time the people were ordered on deck; Captain ordered all on deck; I liad occasion to go below to fetch the things for our dinners; saw the Captain play the hose upon Mrs. Fowler and her two children; This happened between decks; the water was sufficient to drench them; her clothes were dripping with water; at times, some that were not well, had a difficulty to get on deck; I know that Mrs. Forbes spoke to the Captain about it; the eldest child was ill at the time; they had to dry their things on their backs ; the ladders had been taken up; they could not get clown to change their clothes; nothing was doing between decks on that day I believe; I was told that after we came on deck we had no business to go below till told to do so. By the Defendant: I was standing close behind you at the time you turned the hose on Mrs. Fowler; I saw one of the officers or sailors with you down below; I was kept from going below to get my meals; the doctor said I should not go down; I have complained to you several times, once about my little boy. By the Court: The weather was tolerably cold, but fine. Charles Burdett, sworn: I am a passenger by the ship Huntress; I was between decks on this occasion; I had just got my preserved potatoes for dinner; I was returning down stairs between decks from the galley to get the things for dinner; I saw the captain turn the hose on Mrs. Fowler and her children; I got wet myself, also my children were j vet; I had to dry the children's things in the rig- j ging; since that time Mrs. Fowler has complained of illness, of a gathered face several times; I do not recollect her doing so before this occurred; afterwards I saw her head and face tied up; shortly after Mrs. Fowler had a gathered ear. j % the Court: I have been to sea before; I never I observed any one remain in his bunk for three days I together; I noticed more sickness after this, especially among the children; the scarlet fever was after this; I have been out to the East Indies; the captain used to put the windsails down at night when it was cold, he would not do so on the hot nights; he was remonstrated with to have them down during ' t ' le hot nights; the captain came down one night after 8 o'clock with the hose to wash us up. i; y the defendant: You never put disinfecting fluid down in the hot weather; we were out of the tropics when you put it down; it was cold and wet for some time after it was used. Mrs. Emma Ilutt, called and sworn: I am a passenger by the Huntress, and wife of Thos. Hutt; I rtm eniber the 4th of February; I was on deck from balf-past Ave in the morning till half-past eleven; I Mc ' nt below to get the things for dinner; the doctor k' uv e orders for all to go on deck; the captain played tlie hose upon us in our faces; Mrs. Fowler and her child got very wet; she had to go below to look to ber baby; the child had dirted itself on deck; we all got very wet; we always went on deck readily when requested to do so; sometimes we could not go up •breetly; there were so many people, that often presented us; the space was too small for so many People to move about. By the defendant: I never objected to go on deck when ordered to do so by the doctor; I never heard a ny one insolent to him. ■This closed the plaintiff's ease; the captain called the following witnesses:— Mrs. H. Hockley: I am a passenger, along with

my two daughters; we occupied berths on the poop. I have noticed that the captain had a great deal of trouble to get the passengers up from below, especially the married people. I remember the circumstance about the hose; it was in the hot weather. By plaint iff : I have not had any conversation with the captain about this case. I lived on the upper deck. 1 was on the poop when the captain gave the order. There was generally a great dilticulty to get them up from between decks. I heard it talked about that Mrs. Fowler was below at the time. Mrs. Margaret Marshall: I am a passenger by the Huntress; also my husband and family. I know Mrs. Fowler. I have not received any harshness from the captain or officers of the ship. The passengers sometimes would not obey his orders. The mate and doctor had gone down before to get the people up. The captain gave them ten minutes to get up on deck; then they would not all go up. I never heard Mr. Fowler treat the doctor with incivility. I have heard Mr. Hutt do so. Our berths are about six from Mr. liutt's. By the defendant: I never heard you swear, or make use of improper language. This was in the hot weather. I did not hear that you turned the hose on the passengers after this affair. I never saw it done myself. The passengers could go below whenever they liked. Robert Craw: I was acting constable on board the Huntress; at times I have thought the Captain was harsh with the passengers; at times, there was a difficulty to get the people up ; it was not always possible, especially with children, to obey the order at once; although I consider the Captain was harsh, he meant well. I had orders to have the ladders removed. On this particular day I do not think there was any particular order to be carried out below; I have been at sea before; I consider the ship was kept clean considering the crowded state she was in ; I think for the number of people, children especially, the space was too limited; some did obey the orders, others did not—they could not always do so; one particular part w r as dirty compared with other parts; this part was abaft the mainmast, on the starboard side, but it was on account of the confined space ; in this part there was considerable sickness amongst the children; the part myself and family lived in was not so confined, and could be kept cleaner; we were better treated. By the Defendant: I had difficulty at times to get the people up on deck; I had trouble at times to get them to draw up their own water and coals; the passengers said it was not their business to do so; the sailors ought to do such work; I never heard you swear; I consider you used to make yourself agreeable to the passengers. By the Court: In the tropics the passengers were ordered on deck from after breakfast till towards night; they did not however understand that they would be obliged to get their meals on deck, they reluctantly obeyed the order in consequence. By plaintiff: I had more room in the part I lived in than you had in yours. Many people had to pass your way. Sometimes the stores, such as barrels, came that way. Sometimes the sailors got their provisions served out down among the passengers. I consider your compartment was generally clean. I have seen you taking great pains to keep it so. This closed the evidence adduced by the defendant. The Bench retired to consider the matter, and returned in about half an hour. The Resident Magistrate said that the Court had carefully weighed over the circumstances, and had come to the conclusion that the captain had committed an unlawful act on Mrs. Fowler; therefore he would be convicted to pay a fine of five shillings, and costs. The Resident Magistrate added that he considered great provocation had been given, and it was evident that a conspiracy existed amongst some of the passengers to thwart and annoy the officers and doctor at the commencement of the voyage. The ship was evidently unsuited for passengers, and was in consequence very dirty. In another charge, similar to the above, made by Jeannette Love, in which the Bench ordered the captain to pay the costs, it was admitted that the captain told the plaintiff that he had no intention to throw the water on her; it was done accidentally in handing the hose up on deck. Another Charge op Assault. SOMMERVILLE V. CHESTER. Nathan Sommerville sworn: I am a passenger by the ship Huntress; in the single men's compartment; joined the ship on or about the lltli December; I looked over the list posted below for my name and number; I found my name on the list, but no number; I applied to the officers of the ship and the two mates; Mr. Chester put me into a berth; I was put out of this very shortly by a young man who claimed it ; from the time I joined the ship to the 28th February, I had three bunks, Nos. 48,57, and 45; I was turned out of them, and had to lay about on j the boxes and forms; on the Ist December I applied j again to the Doctor; he told me I might sleep on | the boxes or forms; I replied to him that "before I he left he must find me a proper place to sleep in; without doing so he left me, and I followed him to the cabin; the Doctor and Captain went below, after a few moments returned and asked for my contract ! ticket; I returned to the young men's place to get ! it ; I was told by the Captain that I had broken the ! regulations by threatening to strike the Doctor, ' and he intended to make an example of me ; Mr. Chester, the second mate, put the handcuffs on my hands ; I was taken forward down the forehold amongst the coals, and my hands lashed to a thick rope; I was in a stooping position, and could not lay down; I remained till seven o'clock next morning; the constable came and undid the rope, and I I was ordered to go the Captain; Chester took off the handcuffs; I did not at anytime make or offer resistance: the Captain said if I would be quiet he 1 would not put a blur on my register ticket. Mr. Chester, second mate, stated that he was ordered by the captain to take the man down below, . and also to put the hand-cuffs on him. Capt. Barrow was duly sworn, and said: I ordered the second officer to put the hand-cuffs on Summerville, because he was offensive to the doctor; I considered it my duty to do so; I heard the man had not got a place to sleep in, and as soon as I was j told of it by the doctor, I ordered the carpenter to ; fit one up; I asked him for his contract ticket; I : believe it has not been refused to him yet. The ; doctor is on board attending to a sick passenger. By the plaintiff: You came to me once to complain about your sleeping, and I referred you to the Doctor; I ordered a bunk to be put up for you by tbe carpenter; I saw it; 1 thought it large enough. Benjamin Bishop sworn: I am passenger by the Huntress; I heard Summerville ask the Doctor to get him a place to sleep in; the Doctor replied that he might lie on the floor or the boxes, or go to h with him-, he never offered to strike the ! Doctor; I am aware that he had been put about very

much for a place to sleep in; I saw him put down among the coal and greese barrels; he was not able to sit or lie down; he was tied in a stooping position; from nine at night till seven next morning; I am sure he was not saucy to tlie Doctor; he only asked him to get a place for him to sleep in; he said it with firmness, just lifting up his hand ; if he had been 1 must have heard him. ■ [At this stage of the proceedings the case was adjourned to have the evidence of the doctor.] Tuesday, April 28. (Before Wni, Donald, Esq., R.M., and R. Latter, Esq., J.P.) Johnson v. Tombs. —This case was for the recovery of a sum of money alleged due to the plaintiff under an agreement. The Bench ordered the defendant to pay the sum of 19s fid, with costs. Desertion. —Three seamen who had deserted from the ship Huntress, received the sentence of 12 weeks imprisonment, with hard labor. One of the sailors belonging to the Roman Emperor, received a similar sentence for the same offence. Charge oe Assault. SUMMERVILLE V CHESTER. (This case was adjourned from yesterday.) Henry Marshall, sworn: I am medical officer of the ship Huntress ; on a Sunday evening, about 8 o'clock, I was going my usual rounds, when complainant came to me and asked where he was to sleep; I told him I would see the Captain, and get two or three bunks put up; the complainant said, " I know that it is your duty to see that I have a proper place to sleep in, and before you leave this place you shall find me one; he put out his hand to intercept me; I considered that I was menaced; I complained to the Captain of his conduct; he was sent for aft; the Captain made some enquiry into the matter, and ordered the man into custody; he was put into the fore hold ; I heard that he was fastened down in a sitting position; I did not see him; there were not sufficient berths for all the passengers; two or three short, this was in the single men's compartment; I only joined the ship some few hours before she left the docks; it was early in the morning; everything appeared to be in confusion; when we got to Gravesend the roll was called over; every one appeared to be provided with proper berths; I did not go round to see myself; the contract ticket was taken from Sommerville by the Captain's orders, and handed to me ; I have no knowledge of the reason the Captain did so; I have not had passengers under my care before; I have had troops. The Bench asked complainant if he had any other witness to call, when Robt. Brown Craw was sworn, said: I am a passenger by the ship Huntress; I recollect the complainant from the time he joined the ship; I knew that he had to sleep on benches or on deck; I remember him coming down for some papers, but I do not know what lie said to the Doctor; I was in my bunk at the time; I saw him next morning tied down to a coil of rope among the coals; I went down to see him; he was in a stooping position; I think he could sit down on a coil of rope ; it was scarcely day light; the hatch was put on during the night ; from the position I saw him in I consider he was not able to either sit or stand. The Resident Magistrate said the court considered that the conduct of complainant in threatening the Doctor to a certain extent justified the Captain in making an example of him, but at the same time it was not the proper way to do so ; also, he (the captain) had no right to retain his contract ticket, it was contrary to law to have it in his possession, or alter it in any way ; the Bench would therefore convict the captain to pay 40s. and costs, half the sum to go to the complainant.