THE COURTS.

New Zealand Times, Volume XLVII, Issue 7947, 2 December 1886, Page 7

THE COURTS.

RESIDENT MAGISTRATE’S COURT. Wednesday, December 1. (Before Mr |H. S. Wardell, R.M.) DRUNKENNESS, Christina Lawson, an old offender, was changed with drunkenness. Accused pleaded guilty, and was fined £l, or four days’ imprisonment, LARCENY. William A. Walden and John E. Walden, two small boys, were charged with stealing an overcoat, valued at 7s Cd, the property of Frank Walton, and anothe- overcoat, valued at 30s, the property of Walter Smith, from the Mount Cook School. Both boys pleaded not guilty. Mr Jelliooe appeared for the defence. Frank Walton, a little boy, gave evidence as to missing his coat from the school on the 22ud November. E. Metz, pawnbroker’s assistant, deposed that the younger of the accused boys pledged the coat in question, stating that his mother, whose name he gave as Mrs Jackson, had no broad to eat, and his father was out of work. He also brought a note, which purported to have been written by his mother. AotingDeteotire Walker gave evidence as to arrest, ing the accused. A third charge of stealing another coat belonging to a boy named Ritson was withdrawn as against both boys. Theelderof the accused, William A. Walden, was dismissed. His Worship remanded the other boy for a month, his father being required to enter into a recognisance that he would appear at the end of that period, AFFILIATION CASE. An order was made against Peter Connell for the payment of 8s per week toward the maintenance of his illegitimate female child, NEGLECTED CHILDREN. Three children named William Fraqois, Charles Robert, and Alice Maud Peterson, were charged with being neglected children. His Worship remanded the case in order to ascertain whether the mother, who is about to be released from gaol, is fit to take care of them, MALICIOUSLY WOUNDING. William Williams, able seaman, was charged with unlawfully and maliciously wounding Alfred Bowling, chief officer of the ship Timaru, while oh the high seas on November Bth, Mr Bell, Crown Prosecutor, conducted the prosecution, and Mr Jelliooe appeared ‘.for the defence. Dr Fell stated that he was called to attend the chief officer of the vessel. Found marks of a wound about an inch in length on the right side, ‘between the sixth and seventh' ribs, and some swelling' extended for several inches round. There were signs about the wound which indicated that there had been an effusion of fluid into the pleura. Would expect such effusion to follow a wound in the base]of the inng. If the patient spat blood that would he another proof of injury to the lung. Witness would suppose that the wound,’ from its appearance, was caused by a cutting instrument, such as a knife. Cross-examined : Hemorrhage from the lung might possibly have been due to other causes than a wound. Bowling was still suffering from pleurisy, bat witness did not think he weald have had it before he received the'- wound. To ,Mr Bell: Had not fount} anything to id; didate that' Bowling' was suffering; from any Organic disease of the Ivjng. the pleurisy to the effects of the wound, Alfred Bowling, chief officer of the ship Timaru, deposed that on the flth November last the vessel was somewhat off the If air kouras. Ho called the port watch at about 7.30 a.m. to haul tant the weather forebraces, The port watch were on duty at the time; they had been on duty since 4 n.m. The starboard watch were to come on duty at 8 a.m. All but the accused came when ordered. Noticed he was not in the Watoh when they "cable along. After the fore-braces had been hauled taut, witness sent the watch aft to haul taut the main brace, and then went to the forecastle to see where the accused was. It was blowing a N.W. gale, and the ship washove-to, and in such .weather it was difficult to work' the ship shorthandod. Saw Williams in the forecastle; he was dressing himself, and standing 3 or 4 feet insideitbe door. Witness asked Williams what he was doing there, and why he did not come ont with the rest of the watch, Williams replied that he would oome out when ha was ready. Witness said, '‘You must come out at once, as the men have bad plenty of time to change their clothes. Why havn’t you ?” He said, “ I’ll take ray time, and oome ont when I am ready,” to which witness replied that he would oome and pull him out if he did not oome at once. Williams then said that there was not a man in the ship-who would take him oat of that, " Witness said he weald for ‘one, and went inside and caught hold of the accused round the neck. There was a short struggle, and the two men fell over a chest. The accused called the starboard watoh to witness that he had struck him. Witness shortly after went outside and took off bis coat to better enable him to get the accused, out. Ho went into the forecastle again and caught hold of the prisoner. Noticed that.he bad a knife or something in bis hand. ; When ho got hold of. him the accused atabbed'him in the right side. Tried to get hold of his hand and .stop him from stabbing him again,. As witness straggled with him accused fail over a cask, Ho shouted, “Take him off me .or -I will kill him.” At this time, Moore,' one of the seamen, jumped on him from behind and naught his arm, Moore then called the rest of the watch to assist him. Blood was running down the witness’ side. He managed to walk aft, and was taken to the captain’s cabin, spitting blood all the time. Had been unable to do any work since. Had never had anything the matter with his lung before, By Mr Jelliooe r Believed the accused turned ont with the 4 o’olock watch. The watoh changed their clothes at 7 a,m. They wore about a quarter of an hour changing, and wheu they came out the accused was not with them. Was in a good temper when he went to the forecastle. Some of the'meh wore belts, and usually carried sheath knifes. ' ■ 'Could not say if 'Williams had his belt on when he. first saw him. When the watoh turned in they sometimes put their knives in their bucks, or in a rack. Was determined that Wil. liams should come out, as be had had plenty of time to change. • Could not say if the accused bad his belt on during either of the struggles. Took the law into his own hands, because the accused had given him a lot of cheek. Could not remember having struck a seaman. Two or three minutes elapsed bstween the time when he asked the accused » to come out and when bo caught hold of him. Dnnoan Fullerton, master of the ship Timaru, deposed that he saw tha chief officer go forward after the fore braces were hauled taut. A few minutes , afterward saw ' the • ohisf officer coming -out of the forecastle with his coat off and bleeding from the side. After he had seen the wounded man taken to his cabin and the wound dressed, ho gave orders for the arrest of prisoner. Kept the accused in irons till tho ship arrived in Wellington. Made an entry in the log which ha read over to the prisoner on the 9th. The prisoner said there was a little truth in it, bnt a great dot. of lies, fiat it had been concocted by some devil, and ho would answer it further in Court By

Mr Jellicoe : Hia entry in the log contained no lies so far as he knew. Had written it from information received. Held no formal inquiry into tho matter. Was surprised to see the chief officer without his coat. It was the chief officer’s duty to report any diaooedience on the part of the crew. i l he . c ! 1 .* e ' officer was guilty of a breach of discipline in removing Williams without first consult, iug witness. Some of the men wore sheath knives in their belts. Made no separate entry of a breach of discipline on the part of the chief officer. John Moore, able seaman, stated that after the chief officer left the forecastle _ the first time, the prisoner ran to his bunk and got his knife. As witness was going out ot the door he called out to the mate look out, sir.” Saw Williams strike the officer with his knife in the side. The prisoner a arm was raised in the act of striking 1 10 officer again vhen witness seized \\ Ilhams from behind. Francis Edwards, anothpr seaman, was examined. In cross-examination, lie stated that he considered it was necessary for Williams to defend himself against the rough conduct of the mate. Would have defended himself if ho had been in the same position. Thomas Rose gave evidence as to seeing the accused after the affair, when he (accused) said that he w&a sorry that he did not cut the mate’s hand off. Arthur Mate, third officer of the ship Timaru, stated that on the morning in question h© went forward with the boatswain and the carpenter, and told Williams to come aft. He said he would not, because he was frightened of being kicked about. When they were putting the accused into the engine-room he said h© was sorry ho had stabbed tho mate in the side. He said he intended to cut the tendons of his wrist, and ruin him for life. By Mr Jellicoe : Ah© prisoner was perfectly calm when ho made this remark. This closed the case for the prosecution. For the defence Mr Jellicoe called Henry Francis Billon Bell, Crown Prosecutor, who stated that he was not the writer of tho letter produced, but he dictated it. The letter was written by the firm of Bell, Gully, and Izard, as solicitors for the Shaw, Savill, and Albion Co., owners of tho ship Timaru, in reference to a claim made by the accused against the captain. The witness stated that in no way whatever was he appearing for Captain Fullerton. No communication whatever passed between the Company and witness relative to the present case. Hod instructionsfromtheGommissioner of Police to prosecute in this case. John Peterson, able seaman, remembered the morning of the Bth November. Stated that he heard the accused say, in answer to the mate, that he would come out as soon as ho got his oilskins on. The mate said that he (meaning Williams) was always behind and was a 14 useless article.” With that, the mate rushed at accused. At this stage the Court adjourned till 7.30. On resuming, John Peterson stated that the mate struck the accused and then there was a straggle. The mate went out and took off his coat and asked the accused if h® was coming outside. Tho mate used very bad lan.uage, and said if the accused was going to have the law of him in Wellington, he would have the worth of it now. Tho mate went into the forecastle a second time and struck the accused. In dressing to go on deck the accused would put hia belt on. The only cause for the row, in witness’ opinion, was that Williams was too long in changing. By Mr Jellicoe ; The blow was struck by the mate before the struggle on both occasions. Peter Jensen gave evidence to the mate abusing and striking tho accused. John Synerton stated that he heard the mate go into the forecastle, and shortly after heard the accused shout out, 4 ‘See here, you fellows, did you see him strike me.” Witness heard the mate ask Williams if ho was going to prosecute him when he got to Wellington, and Williams replied that he was. Stanley Richard Humphries gave similar evidence, Samuel Campbell was called, but knew very little about the affair. This was ail the evidence, Mr Jellicoe asked for an adjournment, stating that he had a long day, and owing to his late illness did not feel physically capable of addressing the Court on the evidence. Mr Bell did not think there was any course open to hia \Yqrship but to commit the ao_cased. His Worship said that he could hardly conceive any possible address that would induce him to alter the opinion be had formed of the case. He considered a prima facie case had been made out. After some further discussion the case was adjourned till 10 o’clock on Friday morning, when Mr Jellicoe will address the Court for the defence. The Court rose at 10.15. CIVIL CASE, An immediate judgment summons case, brought by E. J. Goldsmith against James Thomas, was dismissed, it being shown that the defendant was not about to leave Wellington, as set' forth by an affidavit filed by the plaintiff. Mr Thompson appeared for the defendant.