POLICE COURT.

Nelson Examiner and New Zealand Chronicle, Volume XVII, Issue 51, 26 June 1858, Page 3

POLICE COURT.

Monday, June 21, 1858. [Before John Poynter, Esq., Resident Magistrate.] James Neville, a seaman, was fined 103. and costs, for drunkenness. Thursday, June 24. [Before John Poyntee, Esq., Resident Magistrate, D. Sinclair, Esq., J.P., R. K. Newcome, Esq., J.P., and J. Mackat, Esq., J.P.] Join Macdonald, master of the Camilla, charged with drunkenness. Fined 10a. and costs. Seven Seamen, of the barque Camilla, were then charged by the master with continued wilful disobedience to lawful commands. Mr. Kingdon appeared for the prosecution, and produced the ship's articles, signed in the usual way by the defendants. He was proceeding to read extracts from the ship's log-book, when Mr. Travehs rose, and said that, on behalf of tho defendants, he at once admitted tho offence, and that the course taken by the defendants was by liis advice, and with a view of bringing the case before a bench of magistrates, in order to determine whether the crew were compelled to remain on board the vessel at the risk of their lives. After some further observation, the learned counsel proceeded to call John William Tatton, who, on affirmation, gave evidence as follows : I am the medical officer of the barque Camilla. I had, during the passage, frequent opportunities of observing the conduct both of the captain and the crew. The voyage was a very protracted one ; it commenced on January the 12th, and terminated on June 19th. We called at Hobarton, as we were very short of food and water, and had been so for a very considerable time. During the passage I kept a log. The captain, when sober, was very attentive to his dutiea, but sometimes, for days together, was intoxicated. I had, during the passage, to treat him for delirium tremens. On the sth of April, passengers and crew were put on short allowance of water; two quarts daily being supplied per adult. Previously to arriving at Hobarton the captain had been intoxicated for ten days together ; this was after a time when the vessel had suffered from the loss of her raaintopmast and several other principal Bpars, during a gale of wind. The captain did not attend to the repairs, but left it to the crew, assisted by the passengers. There was at that time a chief officer on board, who left the ship at Hobarton. The reason why the captain did not attend to the repairs was intoxication. Tho captain had a quantity of ball cartridges in packages in his own cabin. On the sth of April he threatened, while holding a packet of cartridges before myself and Mr. Martin, a passenger, that rather than put in at the Cape of Good Hope for supplies, he would put a light to the parcel and blow the ship to the devil. He was then recovering from a fit of intoxication, but was sufficiently sober to know what ho was about. On arriving at Hobavton the men complained of this, and would proceed no further until he had given up all ,powder and combustibles to me. The whole crew, together with the passengers, felt considerable alarm in consequence of the captain's threat of destroying the vessel. The powder is now in my possession. After leaving Hobarton, the captain was very attentive to his duties, and always sober. We left Hobartown the last time on June the 9th. The ship had left Hobarton once before, but had put back in consequence of the captain refusing to take any further charge of the ship, and giving up command to the mate, who brought the ship into the port and delivered her into the charge of a government pilot, who took her up to Hobarton. The captain was at the time of giving up command intoxicated ; he was not very, but the effect of spirits was perceivable. For the first part of the passage, the character of the provisions was good, but for the latter part bad. [Mr. Travers here read an extract from the log-book, by which it appeared that the meat and biscuit of the ship had been surveyed by the Collector of Customs here, and condemned as unfit for human consumption.] Examination continued : After leavigg Hobarton tho captain navigated the vessel, and the crew were very attentive. There were no signs of insubordination whatever. By the Bench : I have left the vessel as far as my duties are concerned. Cross-examined by Mr. Kingdon : The captain was not continually pestered and bullied by the passengers to go into the Cape of Good Hope. When all were ill and suffering, they were told they must eat such food as was on the cabin table, or go without. I was myself very ill, and in consequence nearly starved. So bad did the passengers become that I expected death to occur. I was appointed medical officer by tho charterers in London. I made frequent application, but could get no information, as to what medical comforts were on board. I repeatedly asked for, and made a list (which I forwarded to the captain) of extras which I considered necessary. In consequence of not being able to get any information, I applied to Captain Lean, the Emigration Officer in London, but the owner hurried us away the day that a letter from us refusing to proceed to sea was forwarded to Captain Lean. The vessel wa9 left in charge of the mate during the captain's fits of intoxication. I applied at Hobarton to tho Emigration Officer, who gave me a certificate of my having applied to him. [Here the witness handed the certificate to the Magistrate's clerk, who read it to the court]. At Hobarton I also applied to Lloyd's agent to remove the captain, but he had not the power. He asked me if the captain was mad or drunk. We should all have left the vessel at Hobarton, if we could have got our property out of the ship. The case was then remanded until the following day. Friday, June 25. [Before the same Bench.] M'Donald v. Seamen of the Camilla. On this case being called to-day, the seamen were informed that the captain had resigned his command of the vessel, and that a fresh one would be appointed, and were then asked, if they were sent on board, whether they would return to their duty. After consulting with Mr. Travers, their solicitor, the seamen expressed their willingness to return to their duty, and were .ordered to be sent on board.

Thomson v. Master of the Camilla. This was an information laid under the Passenger* Act, 1855, to recover damages for breach of contract, and for the passage money paid to be returned. Mr. Trayers for complainant. Mr. Kingdon for defendant. . In opening the case, the counsel stated his inability to prove by documents that the vessel was a passenger ship, under the Act ; but he trusted to be able to do so inferentially, by tb evidence of some of the passengers as to the spate allotted them on board, which would show that, as the number of passengers brought out was greater than was allowed to a non-passenger ship, this vessel was one within the meaning of the Act-. Mr. Tatton, the surgeon, was called, and gave evidenoe as to the number brought out, and as to the inspection* by the Emigration Commissioner, Captain Lean, in England. At this stage, the Counsel for the complainant wished the Court to decide whether they thought the vessel came within the meaning of the Act ; as, if otherwise, he need not detain them any further in this case, but would bring j an action for breach of contract as common carriers. The Bench retired, and shortly after returned, and gave their opinion that the vessel did not come within the Act. *' Complainant consequently withdrew the case.