POLICE COURT—Tuesday.

New Zealand Herald, Volume III, Issue 721, 7 March 1866, Page 6

POLICE COURT—Tuesday.

(Before Thomns Beckham, Fsq., 8.M.) DHUXKEN-NESS. John I.enr, John Tlannon, and K. J. Baynton were ebarcred with this offence, and ordered to pay a fmo of 20s. and costs, or in def atlt, to bo imprisoned for 48 liour3, with hard labour. '..'C!>.NY. William King was charged by D. B. Paraona with stealing a pair of boo's, value 6s. Tie pleaded guiify, and was ordered to bo imprisoned for three months.

William King was charged by 73. B. Paraona with stmilinff a pair of boo's, value 6a. T7o pleaded guiity, and was ordered to bo imprisoned for three months. BTSOIIEIHF.NCE OF I.AWI'UT. COMMANDS. Daniel Fitzoah'iek, John Andor-:o:i, Joseph Hcynolds, John Tlavidson, Jamt-s Panning, and James Jnhison, wore charged by Captain Ross, captain ot tho Silver Jsaglo, v. lth disobsdier.co of lawful commands on board that vessel. Mr. Beveridge appeared for tho prosecution ; and Af r . "Wynn for tho defence. John Boss tlnpogecl : I am master of iho Bhip Silver Ea!*l", which arrived in harbour from London on Sunday e\ ening last. The prisoners formed pari: of the crow. On the 2Sth Peeembor we were on the high seas. On that day D«.n:el Fitzpatrielr, an able boidort seaman, on being ordered by Iho ehicf Gfliocr to work, refused to do so. .1 heard him refuse. Tho mate ordered him to scrape tho inuin royal-mast. Ho refused to do it, and I ordered him to be put in irons. This was about noon. When ho was put in irons, both watches came aft and demanded his release paying " that they would he put in irons too, unices ho was releii'-'ed." I told them to go to work-, but they did not, and on their r<>p ating their demand T put the of her prisoners iu iro">9. I kept them in irons from tho 28th December until the 3rd January, being released every morning for about half an hour. At, the expiration of that time I ordered them to he released. [The prosecutor here rend an extract from the oilieinl lo:r.l Ml'. Wynn objected to tho proceedings on the ground that there was more than ono oflenco in tho same indictment. The Court ruled that tin learned counsel was right, that Mr. Hnvcridpo must either abandon tho ehargo against Fifzpatrick, or elso tlmt against tho other iivo. Mr. Beveridare consented to abandon tho cbarpo against Fifzpatri k. Me was accordingly discharged, but Mr. Wynn retained him as a witness. Cro?s-oxuu;ined by Mr. Wynn : I gave them bre-id and water. Tho Court: Whero is tho disobedience of orderß ? Tho master seems to have only complied with their wishes. 'J hoy requested to bo put in irons, and the master did fo. Mr. : It is on tho notes that they wore ordered to go to work and they refused. Cross-examination continued : It was tho watch below of some of tho prisoners, X cannot say which. The work they would havo to do was what either I or their o flic era ordered them to do. They liad no business on the'quarter-deck. I ordered them to go forward and go to work. They did not express u wish the following day to return to work nor until tho day I relcas <1 thorn. I confined their allowance ' of rations to three biscui's a-day and a pint of water ' i, aud Kataave that order to the officers. I never arturo yes- during their confinement whether they I ;to resume their work. They were not [ rney, eailed'put the irons on eimplv as a jneana of St. , nrock, for, , Kob Boy/ or Mercury I «. I m

punish.nent. I consider such conduct proper On any part. I did not swear when I ordered thom to be put in irons. I aid not call an expression liko this one swearing by T will do bo. It is taking the Lord's name in vain.

80-examined by Mr. Boveridgo: I ordered tho men to go forward. They did not; they refused to do so. On their expressing their willingness to go to their work, X released them. Alfred Knight, swo>n, deposed : I am acting chief offic-r on board tho ship dilver Eagle, The prisoners are articled senmen on board that ship. On tho 2Slh December last one man (Filzpatrick) refused to work and was put in irons. '1 ho prisoners then came aft and refused duty, and required his release. Tho captain told them to go forward and turn to. They refused to obey the the captain's order, and in consequence they wero put in irons and remained ther° sis days. I made an ontry in the official log and signod it. I heard it read over to them, and they said the entry was right.

Cross-examined by Mr. Wynn: I think it was either Anderson or Johnson who said it was right. On tho entry being read to them the captain asked them to turn to. Ido not know that they offered to turn to during tho six days they were confined. I think it was necessary to put them in irons. They asked to be put in irons, and wo acquiesced in their wish. Tho irons wero kept on about twenty-three hours every day. The placo they were kept in was comfortable. They had as much bread to eat as they liked. Tlioy had about throe biscuit* a day and a pint and a half of water. "When tho prisoners wore released tho captain said if they mutinied ho would shoot thom down liko a dog. Ido not think tho captain would havo made use of such an expression as " hell upon earth." By tho Bench : The Captain released tho men of his own free will. He cautioncd thom. The men were locked up in tho sail-room, and tho ship was in tho tropics at the time. They wore visited by the doctor ami the chief officer; one hour's liberty was allowed tho men out of tho tweuly-four. Tlio mou had as many biscuits as they choosa to cat.; the usual allowance is a pound of biacuits and a pound and a hal'" of meat per day.

Dr. Wm. Anderson, sworn, deposed: X canio out surgeon of tho Silver ,'Kaglo. I was present, when tho prisoners were put in irons and on Pi nod below. I vi.-itcd them every day but one. It was a proper place to put them, and I do not think their healths would be injured by it. The prisoner ■Anderson complained of epiitinj b'ood the second day after they wore confined. He bad sv-it blood, and had dono eo befo> e, but their henllhs havo not been injured.

That was the caso for tho romphiinant. Mr. Wynn addressed tho Reneh for the defence, remarking that he did not think it necessary to call any witnesses.

His Worship remarked that (here was no doubt hut that the men had grossly committed themselves, and richlv deserved the punishment they li'id received. After a severe admonishing, tho Bench ordered the prisoners <o be sent on board their ship, thinking that the punishment they had already undercon" was adequate with tho oll'euce. Mr. Beveridgc said he would not press tho ehargo against the man Fit/.patnck. The men here refused of a body to go on board their ship. Mr. Wynn said he would undertake that the men should ro in board, but they wished to remain a little while to allow of their laying and swearing to information ajninst llio captain, lie remarked that their whole con iuct on board throughout tlie passage was mo-t ilis, rai ' ful, and not one tithe part had yet come before the Court, 't'ho crew were a quit- 1 , sober, and orderly lot of men, which would be seen by tlie certifieatn he would now produced, signed by rearlv all the saloon nnd oilier passengers on board. It was only the day before jesterday that the captain had threatened to shoot the crew, and iw:ts upon this eround that lie was g''iiig to proceed upon, and lay the necessary information to bring tho whole case to light. The men wero then removed.