AN EXTRAORDINARY CASE.

Marlborough Express, Volume XVII, Issue 298, 21 December 1882, Page 2

AN EXTRAORDINARY CASE.

At the Sandridge (Victoria; Court Samuel Andrews, master of the British ship Aldborough, was re.cently charged with unlawfully assaulting Danied Defoe, an able seaman, while the vessel was on voyage from Calcutta to this port. Daniel Defoe deposed that he was an A.B. on board the Alborough. On August 19 he was on the port watch when the watch were ordered to set the foretopgallant sail. After this was done witness coiled up the ropes on the forecastle and sat down and lighted his pipe, when the second mate came up and ordered him to coil the ropes aft. Witness said that he jiad already coiled the forward ropes and that the boys should do the others. The captain then cams up and asked what the row was about, and upon witness replying that the boys ought to coil up the ropes, said "I'll teach you, my gentleman," and called the second and third mates, who threw witness down, when the captain tried to handcuff him, but m the struggle the handcuffs went overboard. Another pair were brought' and he was ironed and lashed to to the mizen rigging, where he remained m the pouring rain for threequarters of an hour. While m this position witness spoke to one of the men, upon which the captain brought a revolver and fired it at him, the ball narrowly missing his head. As he still complained of this treatment, the defendant brought an iron belaying pin, and held it across his mouth. At 4 a.m. he was taken down from the rigging and lashed down the lazarette. The log book was produced and the entry of the row read, but no mention was made m it of the shooting, which the captain admitted. Johnson Byrne, a passenger on board the ship, deposed that on the morning of August 19, he heard a revolver fired, and on going down to the poop saw a man made fast m irons, while the captain and other officers stood near. The captain said to the man, "If you aing out any more I'll gag you. " The complainant was not using any bad language. The captain got a belaying pin and sent for some spun yarn, and put the belaying pin into Defoe's mouth, shook it, and said, "I'll make you s'lout out." Defoe said, "Would you gag a man m irons]" when the captain rushed at him and caught him by the throat. A sailor cried out, "My God, don't let him kill the man," and witness caught hold of the complainant and told the defendant to control his temper. He made another attempt, and witness got between the two. The only words witness heard Defoe say wore "Oh, Christ, if I were loose." Defoe always appeared to work properly. James Lawrence, anothe» passenger, gave similar evidence. The defence raised was that the complainant had made use of bad language, had been guilty of insubordination, and that the shot was merely fired to frighten him. After a brief deliberation the case was dismissed by the Bench, which consisted of the Police Magistrate and three Justices of the Peace, the Magistrate intimating his dissent from the decision. On a charge of disobeying orders, the unfortunate seaman was sentenced to seven days' imprisonment. The issue of the case, as might be supposed, provoked a great deal of

indignation. The matter was brought before Parliament, and the AttorneyGeneral was urged to file a presentment against the captain m tho Supreme Court, and to call on the Justices for an explanation. Sir Bryan O'Loghlen doubted whether this could be done, but so inflamed was the feeling m the House, that it proposed that a resolution should be moved directing the Attorney-General to prosecute. A promise, however, was given that a strict inquiry should be made, and m the meantime tho vessel is not to be allowed to leave the port. ___________