POLICE COURT.—Tuesday.

New Zealander, Volume XIX, Issue 1891, 10 June 1863, Page 4

POLICE COURT.— Tuesday.

I ASSAULT ON BOARD THE ALOE. I James Gibson, Charles Stephens, Stephen Waters, John Manning, Thomas Bastard, Henry -McCann, and John Miers, seamen of the ship Aloe, were charged by Henry Morris, boatswain of that ship, with violently assaulting him on the 10th of May, on the high seas. The defendants all pleaded rot guilty. Mr. Merriman appeared lor the complainant, and called, William Craven, who deposed: I am second officer of the ship /doc, and at present acting as chief officer. Game in her from .London us second officer. Recollect the 9th and 10th May. At midnight of the 9th, the complainant was on duty on deck, having charge of the port-watch. I was in the next watch, and whilst dressing to come on deck and relieve Mr. Morris, I heard a scuffle and a cry of ‘ murder.’ I hurried on deck partially dressed, and found Mr Morris lying on the main deck on the port-side, near the deck house, bleeding profusely from a wound on his forehead. He told me that he had been assaulted and nearly killed. I asked him where his watch was, and ho told me ‘ia the lorecastle.’ The captain called me, and told me to call aft the port-watch. The defendants were all in the port-watch. John Miers was in the doctor’s list at the time, and not ou duty; Henry McCann, the same. The others were all on duty as the port-watch. (Bog produced.) The handwriting is Captain Tregoning’s. It was read over to the prisoner’s yesterday morning in the presence of police constable Green. I read over to them the entries to which I have affixed my initials. The defendants said it was a d d lie. The entry was made on the 14th May, as soon as Mr. Morris was able to make a statement. Some of the port-watch said they would do for Mr. Morris before they got to Auckland. The entry bears the signature ol the master and myself. Cross-examined by Stephens: Only the port-watch was on deck when that threat was given. By the Conr.: There were ten men in the p< Clwatch. Miers and McCann had no business on deck. I saw them aft. A man named Williams was at the wheel, Ickland on the look-out, and Riley in the forecastle sick. Walter Thomas Marshall, surgeon of the ship, deposed: On the Uth of May, I was called upon to attend the boatswain about midnight. I found him moaning and bleeding, his face covered with blood. There was a cut over the left eyebrow. It was a contused wound which might have been inflicted by a belaying pin or some other blunt instrument. The scar now on his forehead is the scar of the wound. There was an apparently incised wound on the nose, the scar of which also remains. The left side of his face was very much bruised aud swollen. On the left arm was au oval swelling about three incites long, caused by infused blood under the skin. I noticed eight separate contusions ou the back and ribs. The injuries were all recent, tv d those on the back I have no doubt weie inflicted by kicks. He was unfit for duty for a length of lime, ar.d still is suffering from weakness in the back. The bo >k produced is my medical journal. On t!ie 9th and 10th May, John Miers and Henry McCann were on my list, and excused from duty. Cross-examined by McCann: Don’t recollect what you told me on the morning of the 9th, nor how many times I gave you medicine. You were ou the list from (he Bth to the 1) th.

Hcnrv Slorris, the complainant, deposed: I was boatswain on hoard the Aloe from London here. Have been takmg the command of the port watch while the chief officer was off duty. On the night of the 3th Uay 1 hud command of that watch. After hoisting the topsails, I ordered the men to put the hatch on, to put the hen-coops in their place and lash them, and to clear the decks up. I then went aft to heave the log. Was about that for perhaps five minutes; then went forward. The deck had not been relieved. The hatch was on, but the hen-coops were not in their place n or die ropes coiled down. The decks were not cleared. The captain came on deck and ordered me to get the fore lifts all tight, and I went forward to do it. I called the watch four times before 1 got any answer. The prisoners Gibson, Stephens, Waters, Manning, and Custard were all on duty in the watch. Miers and McCann were on the sick list. When I called the watch a fifth time, Manning, Stephens, and Gibson cangc out of the forecastle grumbling, saying it was ft quarter past twelve. The deck had not then been relieved. It was their duty to remain o:i deck till relieved. Gibson gave me a great deal of insolence, and I told him not to be insolent. As I w’as going to see if the rest of my watch were coming out, Stephens caught mo by the throat and threw me down. Whilst I was down Gibson and Manning kicked and abused me shamefully. As I was going aft to report to inc captain, Gibson, using very ibul language, said, ‘ I’ll have your life before you get to Auckland,” The master told me to order them io come alt, and I did so. Miers then came out oi the forecastle with an iron belaying pin in his hand, threatened to have my life, struck me a violent blow on the arm and a second blow on the forehead. The sear now on my forehead is the effect of that blow. Ho was making a third blow at me when I caught hold of the pin and threw it away over my shoulder. The prisoners then all rushed at mu and threw me down, kicked and abused me and left me for dead on the deck. Mr. Vialou, one of the passengers, and the mate took me into the cabin. The bruises and wounds which I showed the doctor were inflicted by the prisoners. Cross-examined by Waters; I said to the watch I'JjSty aft, the Captain wants you.” Dy McCann: Did not threaten you when we left Gravesend.

By T. Bastard: You wore colling up the raaiatopsail halliards while I was heaving the log. Isaac Richardson Vialou deposed: I was a passenger by the ship Aloe from London to New Zealand. Occupied the deck-house. On the night of May 9th, I was owakeued by cries for help, and a noise as if people were running to and fro. There was a lull for two or three minutes, and then a row again. I heard the boatswain call the men ah, and tell them they were cowardly sons of b -’s for, using him in the way they had done. I then heard the sounds of blows and kicks and great scalding. Heard a man screaming, and voices say “Give it to him.” I recognised the voice of the man attacked as the boatswain. 1 also heard some of them say to wards the end “ That will do, that’s enough.” I then came out and recognised the port wateli comprising I believe the whole of the prisoners, going alt. I can particularly identify Alters and McCann. I helped to carry the boatswain into the cabin, and assisted thoDr. in examining him. (Corroborated the Dr’s evidence as to complainant’s condition.) Cross-examined by Gibson: I did not hear the boatswain challenge tlic whole port watch out to fight. Heard .McCann challenge the boatswain to fight, in the captain's presence. Joseph Trogoning deposed: I am master of the shin Aloe. On the night of Alny Oth there was a disturbance on hoard. When I came on deck- I ordered the boatswain to trim the fore-yard, and ho went forward to call tiio port watch for that purpose. Alters and McCann were on the Dr’s list, and not on duty. They should have been in bed at that time of night. After giving the order I went below, and when I came on deck again hoard, a great noise with cries of murder, alter which the boatswain came aft bleeding and much ill-used. 1 made entries in the log, which were not read over at the time, lest it should cause irritation. They were read over when the ship came into port. They contain a fair account of the transaction as given to me.

Henry Delves deposed: I am an apprentice on board the Aloe. Was in the starboard watch on-the 9th of May. Came on deck that night about 12 o’clock. Hoard the boatswain crying out murder before I came out. Saw the men of iho port watch scuffling with Air. Morris. The prisoners are the men. Several things wore knocking about, and something fell close to me like a piece of iron, but I did not see what it was. Di.fi not tee who flung it, because it was pitch dark. There were iron belaying pins on board the ship. The sound was something like that of an iron belaying pin falling on the deck. This was the case for the prosecution.

Prisoner Stephens said: The first assault was made by Morris himself on Gibson. I hold Morris by the collar to prevent him striking Gibson. Morris fell backward, and I fell on the top of him. I extricated myself as soon as I could, and .Morris then went aft. I deny striking Morris at all. The second time that Morris came forward, bo did not call ns aft, but came to the forecastle door, calling us bad names, and challenging us out to fight, No belaying pin was used at all to my knowledge, unless Morris had it himself to use. Miron he called us out the first time, we came out immediately. Only heard one call. Morris was under the influence of liquor. There .are witnesses on board the ship who can prove these things.

Sergeant Easier said he told them when they were arrested that if they named what witnesses they wanted they could have them. Bastard said he was not near the affray at all, and ; Stephens corroborated his statement. McCann said the men had been treated all through, ! more like dogs than men. His Worship said the log disclosed, not one, but a ! continuance, of the most disgraceful scenes that ever | occurred on board a ship, and this assault was one of the most brutal that had come under the notice of the Court for a long time, and one to which the punishment the Court could inflict was wholly inadequate, while to send the prisoners to the Supreme Court might involve the ship in difficulty. Mr, Meniman wished the case to he dealt with summarily, on account of the detention the ship would otherwise suffer. His Worship in passing sentence, said that some of the prisoners were worse than others, though two months imprisonment was insufficient for the best of them. Gibson, Stephens, Manning, and Miers must suffer the full amount —two months’imprisonment with hard labour; Waters, Bastard, and McCann, six weeks imprisonment, with hard labour. LARCENY. Three youths, between the ages of seven and ten years, were placed at the bar, charged with stealing from Henry Gilberd, Shortlarul-strcef, on Monday last, three oil cans, value. 7s. 6d. Henry Gilberd sworn, stated: I am a painter and glazier residing in Shorthand-street. I received some information yesterday afternoon that several boys hud stolen some oil cans from my premises, and I went in pursuit up Bank-street, and caught them soon afterwards. As soon as they saw me they dropped the cans anl ran away. 1 can identify the boys as the same. I followed, mi l caught them. The cans produced are the same as were stolen from me. John Scott deposed: I am a corporal in the armed police. About five o’clock yesterday I received iufor imuion from Mr. Gilberd that these boys had stolen three oil cans from him, and he gave the lads into ray custody. I also received the oil cans, the same as now produced. Sentenced lo one month imprisonment in the common gaol of Auckland. DRUNKARDS. Four drunkards were summarily dealt with.