POLICE COURT.—Monday.

New Zealand Herald, Volume I, Issue 225, 2 August 1864, Page 3

POLICE COURT. —Monday.

(Before Thomas Beckham, Esq.; K.M.) DBUSKABDS. Elizabeth Young-, EoLeii Miller, Ellen MDermott, Margaret lliller, Kobert Jones, and Maryann Macintosh were lined 20s. and costs, or, in default, 48 hours imprisonment with hard labour; the last-named with seven days additional, it being her tilth offence. LAItCENY. Thomas Stanton was charged with stealing from the premises of Mr. Jacobs, in Queen-street, on Saturday, July the 30th, one glass candlestick, value os. lid. The prisoner pleaded guilty, and'was sentenced to two mouths .imprisonment, with hard labour. I.AIICENY CASE DEMANDED. 'William Jones, Thomas fcjaville, and Robert Leary were remanded until this day upon a charge of stealing various articles on board the ' Bella Mary,' to enable the police to obtain the necessary information. HKEAC'H OF TIIE MET,CHANT SIIirPISG ACT. Peter Henley, chief officer of the brig 'Annie Laurie,' was charged by the master, Matthew Keid, with having been guilty of a breach of the 239 th clause of the 'Merchant Sliipping Act, 1854/ by wiltul breach and neglect of duty, tending to the serious damage of the said vessel during the month of July, 186 J., when on the high seas. The prisoner alter being asked whether he wished the case postponed to enable him to bring up witnesses replied in the negativehis Worship informed him that if found guilty he would bo committed 'to take his trial for a misdemeanour, under the provisions ol the Merchant Shipping Act. Mr. Wvnn, who appeared for the prosecution, having brielly stated the particulars of the case, called the following witnesses. Matthew Keid sworn. I am master of the 'Annie Laurie,' now in the port of Auckland. She sailed from Glasgow on 22nd of February last, destined for this port. Prisoner was my first officer. During the month of July while on the voyage I was suffering from bad health. During that time I partially entrusted the management of the ship to the prisoner. During his watch on deck he had absolute control of the vessel. it that time the rudder-stock was entirely gone, and it had been fished or spliced, which rendered it more necessary to be careful in the management of the wheel. On this account I gave' the mate special instructions as to whom he should put to the wheel. X told him to send a competent man to the wheel, and not to allow the boy, John Macfarlane, to go to the wheel in heavy w'eather. [Ollicial log produced.] On Sunday, the 17th July, I was in my cabin; there was a strong north-east gale blowing. There was a very heavy sea, and it required great, caution with regard to the wheel. From the noise I heard I was aware, from the chains rattling and the shaking of the rudder to and fro, that the wlieel had been let go. The ship was then under close-reefed topsails. I proceeded on deck, and went aft to the wheel, and lound the prisoner there before me ; it was his watch. I saw the boy Maclarlane holding on to the weather rail. I told the mate that the wheel had been let go. He replied, in an. insolent manner, that the wheel had not been let go. The letting go of the wheel endangered the safety* of the rudder, the loss of which would have endangered the ship and the lives of the crew. Under the circumstances the boy was quite unfit to be at tho wheel, having neither sufficient strength nor experience for it. On Monday, the ISth, I directed the prisoner to send down a fore-top-gallant yard. He went about it in a careless manner. He said it was a work-up job, and he ought to have let it down by &e lump. By the prisoner: When the occurrence took place she was head reaching under close-reefed topsails. Til ere was a heavy sea on at the time, and the helm was jerking heavily at times. I repeatedly told you not to let the boy be at the helm in heavy weather. Jolin Macfarlane: I am an ordinary seaman on board the ' Annie Laurie.' I am over 16 years of age. I recollect being at the wheel one Sunday evening in the month of July. It was 7 o'clock ac night. It was the prisoner's watch on deck. It was very heavy weather. The vessel was under closereefed topsails. I was alone at the wheel. Wiiile at the wheel the vessel took a heavy lurch, and I was knocked from the wheel. Beforo any one got aft I again had possession of the wheel. I am quite sure it was not from my own neglect I lost hold of the wheel. Tho prisoner came aft first, and said, "Was the wheel let go I suid, " Yes, I was knocked

&om ft* The rudde* was goring Tjacttwivrtls arid forwards. For a short time the wheel had no control "•over : it. The waiter came running up'after "the prisoner. Hie <>aid to ! him. " did'you let. the fboy go to the wheel in such hearv wcnther as this." The prisoner answered that the wheel had not been Set go. By the prisofner : I told yvn it wiis had to hold at times '; thnt slic pave great kicks. You held tho wheel for the' next hour yourself. I said T could Itold her • very well myself for the next hour, but toii toHk lier fom me. ' ■Bv tho fceneh : When she took the heavy roll sl>o knocked me from the wheel to the weather rail. Captain Keid recalled : The registered tonnage of my ship is 277. tone. The number of my crew was 11. • I. had one more than she actuallv needed. There were two able seamen in each watch, and the prisoner might on that ocension have had ah able seaman at the wheel in his witch. This concluded the case for the prosecution. The Bench said that; under the circumstances of the vcfscl, it/was t'lenrly the dutv of the prisoner to Tinve placed nil able seaman at the helm, as the simple act (if placing the boy at the wheel might Jiavo cnused the' foundering of the vessel. The prisoner declined to say anything to the charge.' and ws«- committed to "take"his trial tit the next sitting of the Supremo Court for a misdemeanour.