RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 7158, 24 January 1885, Page 4

RESIDENT MAGISTRATE'S COURT.

S'biday, January 28. (Before E. H. Carow, Esq., R.M.)

In tbe following cases tbe defendants did not apnear, aud judgment was given for the plaintiffs by default:—Saunders and Co. v. W. Henderson, claim £4, for goods supplied ; Dornwell and Rennie (for whom Mr D. M. Stuart appeared) v. G, Barker, claim £5 03 4d, for gondii supplied.

A. T. Smith v. S. Marks.—Claim £3 Is, for shop fittings.—Mr D. M. Stuart appeared for the defendant. —Judgment was given for plaintiff for the amount claimed.

Barbara Straehan v, D. K. Leyden.—rClaim £10 2s, wages due_ for work as a domestic servant.—Mr Denniston appeared for plaintiff, Mr Solomon for the defendant, who paid £3 Ss 6d into Court. — Judgment was given for plaintiff for £112 ain addition to the amount paid into Court. Oscar Schneider v, Edward R. Fawkner. ~- Claim £19 6s, damages for assault and money due as wages.—Mr Fraser appeared for plaintiff ; Mr Denniston, instructed by Mr J, A, D. Adsms, for defendant. - Tbe plaint note Bet forth that plaintiff was a seaman on board the ship Warwick, of which the defendant is captain ; that on different days between Novem; ber 4 and December 25 of last year defendant assaulted and beat plaintiff;,that on Novembar 27 and Decembor 29 defendant also as. saulted plaintiff; and that on December 20 rief6nd.mf; held a live albatross to jilaintiif's naked butty, so that it wsb lacerated—in consequence of which various ill-treatment plaintiff suffered grievous bodily harm, and wherefore plaintiff claimed £15.damages. The remainder of the claim was £4 63 for" balance of wages due, at the rate of £3 per month.—Mr Denniston asked that the plaint be amended by striking out all except that portion referring to tho albatross, the datea of the various other alleged assaults not being specified.— Mr Fraser said his case was that tho assault wa3 a continued one from the time tbat the ship left; Calcutta till it orrived at Port Chalmers.—His Worship held that one continuous assault mußt bo proved, or that tho plaint mußt bo co amended as to give the dates on which certain assaults were committed.—Mr Fraser amended the plaint by specifying Novomber 5, 20, and 2S as dates on or about which assaults were committed, Counsel then opened his case, the main facts of which came out during the hearing at the Port Chalmers Court, on Saturday, of a charge of assault laid by plaintiff against defendant. Counsel characterised tbe latter as an " inhuman brute," and his ship as a " floating hell," to which plaintiff must not be allowed to go back, he b9ing in fear of his life.—Mr Denniston aßked leave to call Dr Drysdale as a witness for the defence before the plaintiff's case commenced, the doctor having to leave for Port Cbalmors. —Dr Drysdale stated that he examined the plaintiff about three weeks ago, shortly after tho veaßel's arrival at Port Cnalmers, Witness did this at defendant's request, the latter saying that ho hid a man board that was complaining of injuries. Witness went to plaintiff, who said that had a pain in the side and a running from one ear. Witnoss could not discover anything the matter with him, and the latter did not say he had iujuries.which were tho result of ill-treatment.— Richard Lloyd, A.8., stated that about the 29 oh November last he saw the captain Btriko Schneider on the ear and kick him in tho mouth. On another occasion he saw the captain hold an albatross at his naked back, and tbe bird pecked at him. After being kicked Schneider's mouth was much swollen, but he went on with his work. —Daniel Kelly, seaman on the ship Warwick, stated that on the 20th November, or about that date, he remembered the captain going up to plaintiff, striking bim on the left ear, and afterwards kicking him. Schneider gave the captain no provocation. Later on in the voyage the captain bad Schneider stripped down to the waist and allowed an albatross which he held to peck at him. Witness also saw the captain striko Schneider and knock him down with his fißts.—To Mr Donnißton : Witness had onco struck him with his fist because the latter did not exactly know how to do something witness had asked him.—Frank Gray,' a seaman on tha Warwick, also gave evidence. He stated that the bite of the albatross was not a very severe one, though the wound was bleeding.—Peter Holliday, seaman, and . William Henry M'Quarter gave corroborative evidence. The latter deposed that he shipped at Calcutta as second mate of the Warwick, He remembered, shortly after they started on the voyage, the captain coming to bim and asking him to have a glass of whisky. The captain commenced to talk to bim about keoping good discipline, and saidj: " You see that man Schneider : be has to leave at the next port. Keep him lively." About the Sth November witness saw the captain giving Schneider a "licking" on the poop,—To Mr Denniston: Witness said that he had written down about the albatross in his diary, but he had not marked the dates. He had read tho diary over to the men several times during the voyage. Witness once struck Schneider when he was heaving at the capstan, but be did not hurt him. He did not kick Schneider, and was uot in the habit of running about the ship kicking p3ople.—Andrew Twomiller and Ansella George, seamen, gave unimportant evidence—Oscar Schneider, plaintiff, and seaman aboard tho Warwick, deposed that he shipped with Captain Fawkner at Calcutta. He told the captain that he was not much of a sailor, and waa hard up, also tbat he had his discharge from a German barque. The captain said he was short-handed, and would take witness on board; Witness gave evidence of a numbor of assaults committed on him by the captain. The Ecar at present noticeable on his side v. as caused by. a bite from an albatross. Ho would be afraid to go to sea again with Captain Fawkner. —To Mr Denniston: Witness had served in an English steamer and a German barque as cabin-boy. Previously he had worked at hia trade—that of a jeweller. He had told the captain that he had shipped with a false discharge, but tbat was not true. He was compelled to say " Yes " by the treatment he had received from tho captain.—Thia was the evidence for the plaintiff.—Mr Denniston addressed the Court on the nature of the evidence produced by the other side. He referred to the fact that though the plaintiff's witnesses all told tho same story, not one of them bad been able to speak with certainty ns to dates. In the absence of any evidence of dates, he held that their wonderful unaminity showed a combination and agreement on tha part of the men to make u_t a story. Given a disrated and discontented young man, with a story of assault in bis log-book, which the men had all read, and a sailor arraigned on a charge of disobedience, and tbey had at onco all tho elements necessary for a tragic sea drama. Nothing was easier (linn to spread such a story on board ship, It had been stated that the captain had started on the voyage short-handed, but, as a matter of fact, he had more men on board than he wanted. —At 5 o'clock, after hearing Mr Denniston, his Worship intimated that he could not sit any longer, and the further hearing of the case was adjourned till Friday next.