POLICE COURT.—Wednesday.

New Zealand Herald, Volume X, Issue 2906, 22 May 1873, Page 1 (Supplement)

POLICE COURT. —Wednesday.

[Before P. A. Philips, Esq., Mayor, and G. S. Graham, Esq., J.P.] Dbunkennkss. —Three persons, for drunkenness, were each fined five shillings and costs. City By-laws.—Thomas Keetley (an ex-press-man) was charged with nngligently driving, in Shortland-street, on tho 18th inst. The defendant pleaded guilty, and was fined ten shillings and costs. The same person, for leaving his express unattended, was fined ten shillings and costs. Assault.—The hearing of the charge of assault, Ellen Brown and James Ingham, and the cross-case of James Ingham and Ellen Brown, waß adjourned for hearing to this day. False: Charge or Indecent Assault. — John Nicholas was charged, on remand, with committing an indecent assault upon a child named Mary Ann Mcilillan. Inspector Broham applied for the prisoner's discharge, as ho said he had found upon iuquiry that the ■child had been telling entire untruths. The whole charge waß a tissue of falsehoods. The ehild had been out at night, and not liking to fcoli her father where she had been, had told the falsehood which led to the information against the defendant being laid. Mr. Beveridge strongly condemned the conduct of the child's parents in laying such a serious charge ugainst the defendant without any foundation whatever, except the false statements of the girl, which, had they taken the trouble, they might easily have found to have been false. He did not, however, wish to throw the moat distunt reflection on the police, for they had not in any way exceeded their duty. The defendant was discharged, the Bench expressing extreme regret that an innocent man had been put to the inconvenience he had through the falsehoods of the informant.

Dog Nuisance Act.—Henry Ada'na, for a breach of thi* Act, was fined 10s ami oust". Neglected a.vo Criminal Children's Act, 18i>7. —Elizabeth Williams, a hi tie girl of six years of uge, was brought up under the above Act. The child's mother was in Court, and stated that she had three children, and was in a destitute condition, having been deserted by her husband. Almost her only support was a small allowance from the Provincial Government. This statement was corroborated by Detective Ternahan, and the child was committed to the Neglected children's Home for four years, to be brought up in the faith of the Church of England.

[Before G. Graham and E. Isaacs, Esqs.,

Justices.] Mebchant Shipping Act.—John Greig was charged, on remand, with wilful disobedience to lawful commands on board the ship Edinburgh Castle, on the 18th instant. Mr. Weaton appeared for the prosecution, and Mr. Beveridge for the defence. The case having been opened, Henry Cape deposed : I am master of tho British ship Edinburgh Castle, and the defendant is a seaman on board that vessel. (The articles were produced). Yesterday I saw the defendant on the Btarboard sido of the vessel forward. The defendant said that he wanted his discharge from the ship, and I said that I would not give it to anyone. The defendant then said that he would not do any more work on board the ship. I made an entry in tho log-book, which I now produce. I read the entry over to the defendant, and he " That is correct enough." To M.\ Beveridge : The defendant was put in confinement for insubordination. The insubordination consisted of, when I ordered him to go up the mizzen rigging, and told him to go up a little faster than he was going, he said be would not, he was going fast enough. I then told him to come down and help to take in sail. After we had taken in sail I called the defendant aft, and put him in irons. I put the handcuffs on him. I had to squeeze his arm to get them on. He said at the time that the handcuffs were too small. I found that they were not. He might luivo complained that they hurt hira. This evidence waß held by the Bench to be irrelevant, and was discontinued. Tho defendant did not disobey any specific orders. He simply said that he would not do any more work upon the ship. Mr. Weston wished to crossexamine the witness as to the time when the defendant was put in irons. To this Mr. Beveridge objected, as he had been stopped in the exrmination, as it had been held not to be irrelevant. The Bench ruled that Mr. Weston could only cross-examine on points connected with the charge. Mr. Weston asked that a note might be made of his objection to the ruling of the Bench. A note of the objection was taken by tho clerk of the Court. Sergeant Baker deposed that he went on board the ship Edinburgh Castle, when the captain sent for the prisoner and asked if he was going to work, and he replied that he would do no more work on board. Thiß was tho case for the prooecution. Mr. Beveridge then addressed the Court for tho defence, and urged that the captain had never given the prisoner any orders, and, therefore, he did not disobey any lawful commands. He might have been guilty of impertinence. The Bench reserved their decision until the cross-case had been heard. — Henry Cape, master of tho ship Edinburgh Castle, was charged by James Greig, a seaman on board the said ship, with unlawfully assaulting him on the high seas, by putting hira

in irons, and keeping him in solitary confinement for eleven days. Mr. Beveridge for tho prosecution, and Mr. Weston for tho defence, and pleaded not guilty. Mr. Beveridge briefly opened the case, and called the prosecutor, who deposed that he was an articled seaman on board the ship Edinburgh Castle. On the 2nd instant ho was going up the rigging

to take in the mizzen-royal. lie was going up as fast as he could, when the captain sang out to him to fly faster, and he replied, he would not fly for him. Ho was then ordered down on deck to help take in sail, which ho did. After he had done so, he was called aft by tho mate, who said the captain wanted him. 110 went aft, when the captain put the

handcuffs on him. They were too small, and the captuin had to squeeze and drive them before they could be fastened. He told the captain that the handcuffs were too small, and said lie would complain to the magistrates on arriving. He was then put by the mizzonmast, where ho was kept standing for a quarter of nn hour, for the crew and passengers to look at. He was then taken down into the hold, and put into the captain's water-closet, where he was kept for four hours. Ho waß then brought out, whoa an entry of what had occurred was made in the log, and ho was put in a state-room and kepi there for eleven days. Mr. Weston then addressed the Court, and said that by the evidence given it was rather a case for a civil action for .'also imprisonment. The Court said that they ulso thought so, but as the evidence had been gone into, they would hear the case. Examination continued: During the eleven days, was kept on bread and water and two ounccs of meat. Had nothing from eight o'clock in the morning until seven o'clock in the evening. Suffered severely from the handcuffs being bo tight. He was liberated on the 13t.1i instant, when the ship was in this port. Pell very sick, and could not work. Gave no provocation other than not going up the rigging faster. Examined by Mr. There was a fuss on board the ship when she was at anchor off Portland. Ho was not the spokesman, but was called aft, and. he (hen spoke for himself. The fuse waß caused on account of the men refusing to scrub the paint off the ship with ashes one morning, because it was so very cold. All hands refused to work. Six of them were taken before a magistrate at Portland, and he was amongst the number. They went back to the ship, but before doing bo they complained to the magistrate that the ship was unsafe to proceed to sea, and also of ill-treatment and bad water. Three gentlemen went off to the ship, but he did not know they were surveyors. (Mr. lßeveridge hero objented to Mr. Weston asking the witness questions as to what happened when the surveyors went off to the ship. The Court allowed the questions, Mr. Weston stating that what ho wanted to find out was in extenuation of tho assault.) Cross-esamination continued : He did not see tile surveyors on board the ship, but he told the captain that he would dispense with the survey, as he would have to pay tho surveyor s fees. A consultation between the learned gentlemen and their clients then took place, and Mr. Beveridge said ho was happy to inform the Court that a settlement had been come to, and ho would ask leave to withdraw both charges. The cases were aeoordingly withdrawn, the settlement being that Greig would have his discharge given him, along with the full amount of his wages, and all costs to be paid by the captain.