THE EASTERHILL AFFAIR.

Otago Daily Times, Issue 5325, 14 March 1879, Page 3

THE EASTERHILL AFFAIR.

At the Port Chalmers Police Court on Wednesday, before I. N. Watt, Esq., E.M"., David Evane, mister of the barqus Easterhill, was charged with that he did, " on or about the 9th January, wtiiathasaid .ship or barque was on £ 0 - n lg^ ggas ; _andin the courHß-m-arruj-^f,,^ neglect to do any acTer zWh^i^-^TIZ^Xh^ life of William Taylor, apprentice on board the said barque, who on the i-a'd day, with the knowledge of the said David E?ais, fell overboard into the Eea and was drowned{: where .is, had the eaid David Evans, as Baid master, hove his ship or barque to and lowered a boat, and with a <revv on board endeavoured to save the said William Taylor, or recovered his body, as tte saM David Evan* ought to and should have done, tha sa-d William Taylor might not hava been drowned," c mtrary to the terms of tie said Act in such ca3e made and provided. The information was laid by Swjt. Hanlon. InspecUr Mallard conducted the cisc for the prosecution, and Mr J. E. Dennisfcon appeared on behalf of the accused. It was decided to deal summarily with the case. Mr Dennistrn asked under what eectonof the Act the charge preferred against the accused was constituted an offence. There was no offence disclosed in tha information, atd he objec'ed to plead to a chimera. His Wi whip, having consulted the statute, held that under sscticn 117 an offence was disclosed. Inspector Mallard then opsned tin case for the prosecution. He said: The dffe^dint is mast--r of the th'p Easterhill. This lad William Taylor was Bint a'oft to do some wo-k or other. Whether that work wf.s or was not necessary I do nod know; however, he went aloft, and arter aseanding ths ma^t a certain height, came do«u &ni comilained that he could go no higher. Mr Dennistou: Surely we are not rf sp msible for any acts of the Bhip's officers committed before the boy fell overboard. We have nothing to do with an/ ordera given by tn9 officeis to the loy. We me here to acswer a specific charge, and to admit any statement of any prior occurrences might operas c prejudicially against the captain. Your Wor<-hip having decided to deal with the case, is sitting as a judge and jury, and as we are ireveatei from going befc re a jury, I must protect tha intn-ejts of the captain here. His Worship advised Inspector Mallard not to open up any matters which could not be Mallard: Very well. I will not refer to that again, but will commence with the facts that the boy fell overboard, and that the master came on deck. I shall prove to you that from the time the master came on deck till about ten minutes afterwards, when the boy was lost sight of, not one act was done by the master to save the youngster's life. lam of couree tssuming that the boy was not d<-ad ; but that is a question of fact for your Worship to judge by the evidence which I shall now produce. Mr Denni-iton applied that all witnesses might be ordered oat of Court, and the request was complied with. John M'Donald said: lam an articled seaman on board the ship Easterhill. I remember the 9th of January of the present year, when the boy Taylor fell overboard. I was at the wheel. I saw the boy fall. He fell from the main-royal. He was hanging by ona hand on the backstay, and his knee on the footrope. I heard a noise, and cannot say whether he struck anything or not. I faw him afterwards floating away astern. I did not exactly see the master come on deck, but I saw him como on the poop after a man named Johnson. 1 did not hear the master say anything when he came on deck. The wind wa9 right aft, and the yards square. There was not much wind. All the square sails were set, also the uppor li-'ht sails before the mainroyal. Ihe ship was tioing two to three knots per hour. When the master c.une on deck the boy was in the water abaft the mizen rigging, but not quite astern. Tae bor was just floating on the water. When I saw the boy falling I put the wheel down. No one ordered me to do so, but my instinct as a sailor told me to put it down. Tie master did not ask me how the wheel was. The seamen Johts >n came on the p">op before the captain. The wheel waa down when Johnson cams on the poop. The wheel was down " full ones," and I think the rudder would ba half as far over as it would go. I saw Johnson jump overboard, and I threw a rops to him, alter which I put the wheel up, still keeping sight of the boy. The master was on deck when I put the wheel up. When I say I put the wheel up, I mean that I put it over to starboard. I received no orders to put it up. The master was then standing on the port side of the deck, between the mizen rigging and the wheel, looking pretty well all round him. Johnson would be about five minutes in the water. From the timo the master came on deck until I lost sight of the boy was between ten minutes and a quarter of an hour. During the whole of that

t;m9 the master gave no orders. JohnaohV first attempt was to s?«t bold of the boy ; fafl- ; ing in tbat, he grasp> d the rope thrown to him. Patting the wheel half over, as I dM, would jnsfc check her way. The boy was s,till floating when Johnson e-.m* up the ship's si<)e Wo had, four boats on board. I noticed a ratline broken' after the fall; I Vaiak it was either the second or third ratline above the s'liarpub. I didl not see any bloo.l about the spot. After JohuH son had got on boar J afjAin the nwter ordered! breakfast, and the ordinary routine of ahi*duty was gone on with. _ Cfro«-exarnined by Mr Deanist- n: I left (her E^s'.erhill without asking anybody's parmiasion, but could not «ty bow miny days after her arrival lwe. The pilice brought me bacfc fr >m Greenfield station. I faw tHe boy turn. cc fonaersault in bU fall. Hy fo'l so heavily tint I heard tbe fall, atthocig'i a tjood distance fiombiai. A fall on to a ratline would not; make suchanoise, therefore tic boy must havestruck the skid. I did not look it a watch, and my ttatementa as to time ara nure'y gue-«-work. I deserted from ;tr-e' Ship because I did not like the way the captiin trea'eJ the boy-thatwasdrovnie-1, and besausj tbe captain one* struck me. I wai bullied about by the captain and mate. ' Ke-exarrinsd : I am not aware th«t the captain has eviuced a desird to have rcc atKsfed. Tlie police brought me hero Arthur John Wylie, ste.rige parse-jgcr by the Eaiferhill, gave evidence nimilai- in tffecfc to what he had prtviously givtn at the nautical, inquiry. Peter Law is Johnson also repeated his evidence. In his opinion it would have occupied about a quarter of an hour to have got ons ot the boat) into the water. Ho bad been ort the sea for 12 years. The Easterhill carried four boats. Orosi-exa-oained: The easiest boat to be lowered was the foremost one on the port fide, which was on a skid. To take the cover and lashings off wnild have taken five minutes. It would have taken perhaps half an hour to hay« rigged a tack'e from the rnain-y*rd; but £ don't think a tackle was necessary. If I had bren '" boss " I would h»ve passed a roped tndL round the main i aikstaya and have made the end fast to the beat's painter. There were plenty of m n about to have swung the boafe that way. lammt a masttr mariner—aimply an able seaman. When in the wa'er I Baw no siprus of life in the body. Inspector Mallard: Now, Mr Johnson, you have been asked by the c musel fur the captaiit about the bo its. Have you, during the voyage of the Easterhill, seen any boat gut out ? Witness: Yes. sir. luqe.itor Mal'ard: Wa3 that before the accifler.t? Witaess : Yes. Inspector Mallard: Can you say what ib was lowered for ? Witness: So far as I know, it was for pleas'.re. Ini-pector Mallard: How long did it take? Witness: I cannot tall. Iwh informed that Ul9 w«,toh on dsck rove a tackle from the main-yard. It took about tk.r3equar.ters of an Lour to get th-j boat ott Inspector M»llar,l: When this boat was got out it would le manned by the passengers, nofe the crew? Mr DennMxm interposed. H-3 olj-cted to these side addressei tj tbe Bench. Inspector/ Mallard evidently wanted to S'igg*,t that a. boat could be low ere 1 fcr the amusement of th« pas wngtw, bufc.not to save life. The question was, however, allowed, and ths witness ar swered it in the affirmative. Inspector Mallard : You have said that yoa saw no siges of life in the boy \v>ea you were in the water. Have you ever known a man fall from aloft under similar circiiuatancei ? MrDenriston again interposed. The question, he said, was not a fa:r one, the witness not being an expert. The (jues'ion was disallowed. By the Bench: The method of getting a boat over, as described by me, would not be liable ti swamp her. The Cjurt here adjourned for luncbe ,b, Oa ks 'ming, Henry John Burnett repeated h's evidence as given at the inquiry before tlio Harbourmaster and tbe Collector of Cus'.oosb He ea;ol ho wss a passenger by (hj barque E sterhillHe s*w the decex?e I fall overboard. When, he last na? the body it was fljafing. Cro^s-exatci- el: In my opinitn the boy wjs ki>led by the fall. Oh»rlei Wilson, an able seam in belonging to the Easterhill, said: I was on the starboard watcb. At'he time of the acci lent I hearl the cry ot " Man overboard!" aid soon afterwards saw the boy a listb asfera. I did not watch what became of tbe bedy. I heard no orders giren. I did nit sea the captain oa deck. I heard a thump as if a picaof wood. had been thrown oa deck. John Jacobsoc, seaman on board the Easterhill, ea'd : At the time of tbe accideiit I was :in the forecastle. I came up with the rest o£ i the men, and saw th 6 boy floating astern. Johnson was abo in the way. I was about 13 minutes on the poop, and taw the boy the whole of that time. The captain came on to the poop the same time as I did. The EaMarhill ljas four boats. I remember one of them being taken out duriDg the voyage, but I don't; know for what purpose. It was fine weather— in fact, just the fame sort of weather as when the boy fell overboard. The boat was manned by three or four pas-ergers and the captain. Williim Gurley, a negro, taid: Up till recently I was the cook on board the EasterhilL I saw the boy Tayl<<r in the water just after the accident occurred. He was floating alongside on tha port side. I kept sight of the boy f. r about 20 minutes. I said to the captain, "You've done it now; you've tried it long enough. It's wilful murder." The boy was still in sight, and not yet astern of the ship. I£^W¥£LJl^ calm- S,medayspretinu tbe «eitherw^n rn^u^tboa*^™ff going at the rats of thies or four knots pac""—— hour. Crcs3 examined: I was discharged frrm th« chip. He said he and I cjuld not agree very well, and I had better go. He lcitw I would report the ca?e wben I got a hore. I bal several dsasreemenfc* with the cap ainon the voyage He complained of people earning into the gallf y. Inspector Mallard: I thinV, ycur Worship, it would be desirable to have these formal de-po-itions before the Court (referring to the dapos'tions taken at the preliminary inquiry). His Worship : How were they taken? Inspector Mallird: They wfra taken on oath before tbe Collector cf Customs. I don't; tbink they have a rig', t to go in as depositions, but they have a right,to go in as statements. Mr Penniston : Statements of whom? Inspector Mal'ard: Of the persons makings them. His Wi rship did not think that they coul<i be put in. Inspector Mallard oslced h's Worship to look: into tue ques ion during the reciss, if the case were aij'urted, Tne official log-bock wa* then jut in. Jotn Martin, chief nitte of the Eaaterhiff, also substantially repeated bis evidence. He was m'deck aboat five nrnutes before the boy ft 11 into the water. Tbe master had charge o£ the rieok as soon as he came on board. Ho did not bear the mastf r give any • rders with regard to bringing the ship to. Kotb'ng was done to recover tie body bf-yond JohnsOii going overbear d after him. The accident was entered in the official log ttvo a three days aftar it occurred. Ac the i_r 1-minary inquiry the master gave evidence, but ha did not hear what b» said. Cross examined: I saw the body id the water. Theie wera no s gus of life manifested, and the body was siukiug rap dly. It would take half an hour to have lowered a boat James Mitchell said: I am Recond mate of the Earteihill. The acccsid is tlie master. Cross-examined: I saw the boy fall. H« struck th-3 tkid in his fall and robounded about threa feet. I am satisfied that the boy waa killeiiu the fall. Thomas Fir-lay said: lam on apprentice on. bo rd the'Easternill. Cruss-exsiniDel: I saw the accident. I saw him strike the skid and d;op into the water. Ec-examined: He did not sink immediately. The last time I saw him he was stilL fli a'.iug. Inspector Malla:d: That closes the case tot the prosecution. No wilnessei were called for the defence. Mr Denniiton submitted that there was ne case to answer. Section 117 related to th» master of any Bhip who, by neglect of dntjv refused or omitted to do any proper and requisit^actfor "i)reserving a peisou from imme« dia'e danger to life or limb." Toe information, wt-s a criminal one, making the defendint liable to a very heavy penalty. Hi* Worship, sitting; as a ju-y, muss Le satisfied by an absolute prapcnieranee of evidence, so as to leave no> doubt that the defendant was liable under tli* Act. He must be aa(i-fied that the act which he had neglected to perform would have been the means of "preserving a. person from immediate danger to life or limb" before he could convict, he w<s not going to enter into the question as to how far the captain acted with judgment or lost his head in not lowering ■» boat. Whetha- or not it would have been better for him to have done it—even. to recover a corpse—probably the captain had his own opinion now. But he contended that the captain's decision was that the boy wag utterly smashed and was a. corpse, and it was not necessary for liim to lower a boat and recover the body. There was a concensus of opinion tbat tbe boy was not alive when he was in the water. The whole of the evidence, with. the exception of that of the cook, which, was not worthy of notice, showed that. His Worship: There can't be the shadow of a doubt that he ought to have lowered a boat. Have you any cases to refer to ? Mr Denniston: No, your Worsliip. I never heard of any case of this kind before. It is not the case of a man ill-treating his apprentice, or ca-eless of the lives of those under his charge, but it is the question of a man's opinion as to> whether it was neces :iry to recover 'a dead body. Bis Worship then decided to give judgment on the case at tho Duncdin Police Court oa Sa'urday morning, at 11 o'clock. The man M'Donald having recehrtd his di*; 1 charge, the Court rose.