RESIDENT MAGISTRATE'S COURT.

New Zealander, Volume XVIII, Issue 1740, 8 November 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

WEDNESDAY, NOVEMBER sth, 18G2,

MACKINNON V. BLACK. This case was resumed at the usual hour to-day, by the examination of David Levy, who, examined by Mr, Merriman, deposed: lam a general dealer. I was a chief cabin passenger by the Indian Empire. Dr. Mackinnon was also a chief cabin passenger: I messed at the same table with*him, and had tlie same food. The mutton was pretty good as long as it was served. Tlie salt beef was so bad I could not cat it. I can’t say anything about the biscuit, because 1 did not eat it, having very bad icctli. The flour was not good at all; it was very musty. The rice was not good. Hart of the time wc had very good sugar, and part of the time very bad, for some weeks at the latter end of the voyage. The tea was very bad, indeed. The provisions, generally, were of bad quality. Wc had mutton daily till wc came to tlie tropics ; afterwards we received some fowls, which were so tough no one could cat them. Cross-examined by Mr. Whitaker; There were two descriptions of sugar on board, loaf sugar and moist. Wc bad no loaf sugar at the end of the voyage. I swear it was for more than a week, it might bo three weeks ; I could not say. I will not swear it was ten days. It might have been less, but I hardly think it. 1 made no diary.

George William Holmes examined . 1 came out in tlie Indian Empire. I was second steward. Dr. Mackinnon was one of the chief cabin passengers. There, was very often grumbling with them ; they said the provisions were not fit to be eaten. The salt beef was very good at times, and at times very bad. The pork was the same; sometimes good, sometimes bad. J think the rice and tea were very good, The fowls

were very bad, I believe. I was told by the butcher that fowls that had died were cooked. I know nothing of it personally. I had nothing to do with the pigs that were on board. At times, the tea was not good: I very seldom heard any grumbling about it. I don’t know anything about the live stock. William Henry Shaw examined: I was a chief cabin passenger by the Indian Empire, and messed at the same table with Dr. Mackinnon. The provisions served were as bad as could be, to rny taste. 1 have been used to far different, and expected very much better. I can’t mention anything that was good. I can’t say which was the worst. The salt beef was very hard and bad: I could not cat it. The pork was very bad. The tea was almost undrinkable at times. The rice was almost as black as soot. The mutton was good, so long as it lasted. The pigs were diseased, and had large boils on them. The pork made me sick one day, and that was the last piece I tasted. Cross-examined by Mr. Whitaker: I have never been at sea before on a long voyage. I have been to Dundalk, in Ireland, from Liverpool. I lived in Lincolnshire before I went there. My longest travels was from here to Dundalk. I was comparing Lincolnshire fare with fare on board ship. I never before tasted the beef and pork put on board ships for long voyages. 1 did not see the pigs brought on board. I joined the ship at Gravesend. I saw them within a week from going aboard: they were not diseased, to my knowledge, then. Re-examined: I know eatable from uneatable meat. I think lam rather a judge ot it. The beef and pork served at the cuddy table was, at times, not fit to eat. It was so bad, that the ship’s doctor said it made bis arms ache for half-an-hour to cut a piece of it. Pennington Richardson, also a chief cabin passenger, said the provisions were generally very bad. The beef so bad, 1 could not get through” much of it at a time. The pork I seldom touched —the look of it was enough: it looked green. The biscuit was very nasty; so were the puddings and bread made from the flour. The rice was dark in color, and not very nice in taste. The tea, when made, was very nasty. I did not sec it before. I went myself to the captain twice about the quality of the provisions. He drew out a scale to give to the steward, to show them what we ought to have. On some occasions the quality was not according to the scale: the quality was generally bad, Cartwright Brown corroborated, generally, the evidence of preceding witnesses. Cross-examined: I was never on a long voyage before, and don’t know that I ever saw any beef or pork such as is put on board for long voyages. The beef would have been better if dragged overboard before cooking. Re-examined : The meat was really sometimes not fit to cat.

Samuel Grosvcnor examined : I am a butcher by trade. Acted as such on board tlie Indian Empire. I had charge of the live stock. Some of tlie fowls served up in tlie cabin died a natural death, and some I killed. The dead fowls were ordered by the steward to be dressed, and he said he would make them into curry or something, for it would not do to throw them overboard. This took place for a month after starting; after that I refused to dress any more. Two sheep died, and I threw them overboard: the steward said I must not do so any more. Tlie third tliai died I dressed, and it was served up at tlie cuddy table. There were only fifteen sheep when we started. The pigs that were served were all killed: several had large boils on them, they were all served up. The steward saw me open the boils after death, and let the matter out. I also dressed them up a few dead ducks. Cross examined; This was my first voyage. I saw Captain Black yesterday. I did not speak to him: that I swear. I spoke to his agent, and asked if they were prepared to pay me for deficiency in stores according to my contract, without going to law. That was after being here yesterday. Matthew Henderson being called, did not appear.

Mr. Merriman said that was tlie plaintiff’s case. Before going into tlie defendant’s case it was resolved to hear tlie ruling of tlie Court on the point reserved on Tuesday. The Court ruled that though the captain would be without question liable if lie were a contracting party, it had not been shown in this case that ho was a contracting party or any way connected with the contracing parties as agent. It would be seen by the contract ticket that tlie master was signed by one Gann on behalf of the owners, wholly disconnecting the captain. No doubt that was not tlie belief of the plaintiff and other passengers when they procured the ticket, but they evidently conceived that the master himself was responsible for (lie due performance of the contract, and the captain himself had not acted rightly in this matter. On tlie contrary there was no doubt that lie grossly culpable. Though not connected in any way with the contract ticket lie had grossly neglected his duties as master of that vessel.—[Mr. Whitaker objected that only one side of the case had been heard,. lie could call evidence to prove the negative.]—Vcs, so far as the ease was heard. The captain knew very well that he was not connected with the contract, and lie ought to have repudiated any connection with it when Dr. Mackinnon spoke to him at tlie ollice about it, and said lie did not know what provisions were on board, and that he had nothing to "do with them, and die plaintiff might then have gone to the agents and taken care that the captain rendered himself liable; for the Act made express provision in the 73rd clause that the ticket should bo signed by the owner, charterer, or master. It should have been signed by the master, and then there would have been no difficulty. So far as the case went there appeared to be a most gross violation of the contract ticket, but the plaintiff having failed to show the agency of tlie matter, it was quite clear that tlie case must fall through. Mr. Whitaker said there was no part of the evidence that lie could not have disproved. Tlie provisions had been surveyed by the most competent persons in Auckland, and be could prove that the quantity issued was 25 per cent, in excess of what the passengers were entitled to. Mr. Merriman was prepared to prove that false weights laid been used. The Court: No doubt it would have been desirable to have heard the other side. The master himself should sign the contract so as to be responsible for these tilings. Otherwise there was no protection for passengers against fraudulent owners. Mr. Merriman could prove also that Messrs. Hotter, Wilson and Co., were not the owners, and that it was a fictitious contract ticket altogether. The Court: The case is dismissed. Mr. Merriman: About the costs? Mr. Whitaker: They.follow the decision of course. The Court: This was not a case in which costs should ho given, eacli party must bear their own. Mr. Whitaker would like to go into his evidence then to show how fallaciously the case had been got up. lie had tlie witnesses to prove that it was a fictitious case from beginning to end, lie could prove that the captain was not to blame. Mr. Merriman: Wc will try another case in another form, and give you the opportunity of proving all that then. CHIMNEY ON EIRE. John Lctham was fined 10s. and Gs. 6d. costs for allowing his chimney to be on fire on the Ist November. SHOOTING A BULLOCK. John Campbell was charged by John Scarrott with maliciously wounding a bullock by firing two pistol shots at it. Mr. Merriman appeared for tlie plaintiff and Mr. Whitaker for the defendant, and the examination was postponed for a fortnight to give time for the attendance of a necessary witness. STRAY ANIMALS IN THE STREET. James Mahony and William Hollis were each fined 2s. 6d. and Gs. 6d. costs for a breach of the 23th clause of the. Impounding Act. BURGLARY. John Cummins, a private in the Royal Artillery, was charged with burglariously entering the house of Bernard Keane on the night of Tuesday, November sth. Remanded until Thursday. THURSDAY, NOVEMBER, 6th. 1862, BURGLARY, James Cummins, remanded on Wednesday, was further remanded to Saturday. ASSAULT ON THE POLICE. James Oliver, a private of tlie Royal Artillery, pleaded guilty to the charge of assaulting Corporal John Scott. John Scott, being sworn, deposed. lam a Corporal in the Armed Holiec. Last night between the hours of ten and eleven o’clock. I was on duty in Mills’ Lane. 1 found the prisoner with several others fighting and quarrelling. I requested them to leave. The prisoner was nearest to me, and he asked me to take one of his comrades in charge. I told him tlie best thing he could do was to get home, lie attempted to take my walking stick from me and in endeavouring to get it back from from him wc both fell. I was drawn from off him by several of his comrades, who kicked me; as he rose up lie had this broken bottle in his hand and struck me in the forehead, cutting it into the bone. It bled for an hour. Ordered to bo imprisoned for two months with hard labour. Henry Ilabbcrfiold, also a private of the Royal Artillery, was charged with an assault on constable David Hastie,

David Hastie sworn. lam a constable in the Armed Police. Last night, I was on duty in Mill’s Lane, with Corporal Scott. I went on duty at 8 o’clock and had been on duty perhaps an hour, when I saw prisoner and four others arguing with each other. I requested them to go homq as it was their time. The prisoner and two others laid hold of mo and the prisoner hit me in the head with his hand. It was not a violent blow. The prisoner then kicked me on the shin. He had shoes on.

Cross examined by Prisoner. It was about half-past 8 o’clock when you struck me. By the Court. I could not say what time he was brought to the guard room. He got off and it was an hour or so before he was apprehended. This assault happened at the same time as Scott’s. I did not see Scott struck. I was a way off from him. William Swanson sworn; I live in a lane sometimes called Mills’ Lane. I saw the row and saw the constable struck, but I could not say if it was the prisoner struck him. It was after 9 o’clock, but Ido not think it was 10. Prisoner was ordered to pay 40s. and costs, or be imprisoned 14 days with hard labour. DRUNKENNESS. Willtam Littledale and George Holmes were each fined ss. and costs, or 24 hours’ imprisonment, for a first offence within three months. Margaret Condron, for a fourth offence within three months, was ordered to be imprisoned for nine days. MALICIOUS INJURY. Ngatio, a Maori, charged, on the information of Robert Stow, with malicious injury to property, was ordered to pay the amount of damages, £ 2, and costs, ss. FRIDAY, NOVEMBER 27th, 1862. DRUNKENNESS. Isaac Gray, for a first offence within three months, was ordered to pay ss. and costs, or be imprisoned 24 hours with hard labour. William Lestrange, for a second offence within the same period, to pay 10s. and costs, or be imprisoned 48 hours with hard labour. Catherine Quinn, for a third offence, to be impisoned for nine days'.