CAPTAIN JOHNSON'S CASE,

Otago Witness, Issue 1158, 7 February 1874, Page 4

CAPTAIN JOHNSON'S CASE,

TO THE KDITOR.

SIR— I crave a small space in your columns for a few observations on the case of Captain Johnson, -who by the successive decisions of two tribunals has been for ever disqualified from following his calling as a shipmaster, and haß moreover been sentenced to a term of imprisonment for two months in the common gaol of Dunedin. At the outset I disclaim anything in the shape of sympathy for him a» a wrongdoer. I agree that the evidence taken before both Court*, shows that he was guilty oi very considerable misconduct in being intoxicated himself, and permitting his officers to indulge in the same failing, when neoring for the first time a coast with which they were all personally unacquainted. I agree too, that great misconduct called for a sufficient meed 01 punishment. But, Sir, I take leave to think that an adequate measure of punishment was meted out When Captain Johnson's, certificate as a. ship-master was irrevocably cancelled. We all know that few of the many who devote themselves to a Beafaring life are fit for any other occupation. The happy few generally manage to nestle themselves into comfortable bertha on shore as Harbour Masters, Deputy Harbour Masters, and —I almost fear to use the term— local Bumbles. Had Captain Johnson known as much of Shakspeare as he doubtless knows of navigation, ha probably would have warned the Court of Enquiry, before it pronounced sentence —

You take my house, when you do take the prop That doth sustain my house ; you take my life When you do take the means whereby I live. For, in truth, the sentence pronounced by the Court of Enquiry virtually means that no matter what Captain Johnson's antecedents have been, no matter how high his character hitherto for integrity and ability, no matter how deeply or bitterly he may rue the gratd mistake of his life, no hope of escape— no door to redemption is open to him. That sentence is as conclusively severe as deprivation to a clergyman, removal from the rolls to a lawyer, or rustication to a collegian. How much mere severe v it in its consequences than those sentences which we daily pass upon men who are convicted of actual crime 1 A man who is found guilty of defrauding his neighbour may, after he has served his aUot+ed terra of imprisonment, " set up shop again ;" and if he vends tolerably good boots or shoes, or clothes or drapery, bread or beer, or wines, or groceries, &c, will sooner or later find a market for his wares. In Captain Johnbon's case the result of his first convictiou will be wholly different. After all, is it not the real truth that the indulgence in drink which was found to prevail on board the Surat— a not uncommon, though certainly not an excusable thing on board ship when making land— was the basis and groundwork of both sentences? But for that admitted fault, how much might have been said on Captain Johnson's behalf, on. the score of local attraction, currents, the true strength of which is not stated in the charts in use, and the proverbial unreliability of compasses in an iroa ship. If it be the case that Captain Johnson's punishment was occasioned in the main by the indulgence in drink of his officers and himself, is it unreasonable to suppose that he was punished less for the fault, and more for its discovery ? Are all shipmasters free from the same failing ? Is it not notorious that there are many of them who surrender themselves very much to the habit when at sea, and yet who nevertheless manage to pull through year after year without falling foul of a Court of Enquiry ? Many ships are culpably lost, and the masters and officers escape scot free, with the approbation of "the public." Introduce, however, but a trace of drunkenness, and then what would otherwise have been a rationally explicable mishap ceases to be so, and *' the public " clamorously insist upon a severe and degrading punishment. 13 it unfair to suppose that the admitted drunkenness of Captain Johnson and his officers very seriously prejudiced their defence ? Sir, I fear "the public" is rather apt upon these occasions to run a little mad. Misconduct calls for punishment, and in the fervour of roused indignation " the public" insists, for the nonce, in '' going the whole hog or none." And then, when it bos gone the whole length, the public" pauses when it is a little too late, and reflects whether it has not gone a trifle too far. Sir, I believe the all but univeroal feeling of the community is that Captain Johnson was •ufficiently punished by the loss of his certificate. There was no reason why he should have been singled out for especial retribution. There was no desire, I believe, either on the part of hiu passengers, or " the public," that he should be sent to the common gaol of Dunedin for two months. And while I have no wish to cavil at the sentence of the Court of Enquiry (although it contrasts very strikingly with the sentence passed on Captain M 'Donald for the loss of the Queen of the Thames), I have littlo doubt that there are some people in our midst who will recognize and make some allowance for the excitement and natural embarrassment of a man who, when m a position of great trial, found himself surrounded by hundreds of men, women, and children, all of them hampering his action and resolution, and few of them capable of rendering him any real counsel or assistance.

1 am not without uome hope, now that the first furore of excitement has softened down, that tlie mercantile portion of the .community may sco the case in the light in which I have presented it, and join in representing to the Colonial Government that the ends of justice will be sufficiently met by tho permanent disqualification of Captain Johnson as a ship-master.— l am, &c, Don't bs too hard on a Man w^en he « DOWN, January 31«t,

WELLINGTON.

(FROM OtTR OWN COBKESFONDBNT.) Mr M 'Lean's visit to Horowhenua settled the little storm in a teapot which was raging there between the Ngatiraukawa and the Mauapoko. What the exact terms of the settlement are no one knows; but the parties have, I believe, shaken hands and promised to behave themselves for the future. Mr M'Lean, however, is not apparently much inclined to trust to their promises alone, for the Luna has been sent up to the Manukau to bring down fifty Arawas of Captain Preece's Native Contingent. These Arawas are to bo stationed at Horowhenua for some time to keep the peace. After the intervention of the Native Minister, the Inspector of Police appeared on the scene, and laid an information against Kawaua Hunia and three of his Mauapoko followers, for having, in 1871, set fire to the whare of a Ngatiraukawa named Watine, the said Watine and his family being in it at the time. A summons to appear at the R. M. Court here was duly served, and instead of doing what he undoubtedly would have done a few years ago — killing the process server and laughing the summons to scorn — Kawaua Hunia posted off to Norton, in the Eangitikei district, and there engaged a local solicitor to accompany him to Wellington to conduct his defence. The retainer was accompanied by the handsome fee of a hundred guineas. The case excited a good deal of interest when called on, and the Court was crowded wich Maoris from all parts of the Province. The Crown Prosecutor conducted the case, and after a couple of witnesses had been examined, asked for a two days' adjournment, which was granted. Hunia and the others were taken into custody until substantial bail was forthcoming. This was a great indignity to a man of Hunia's rank, and he evidently felt it so, although he submitted without a murmur. When the case was next called on, the Crown Prosecutor' stated that the Government thought enough had been done to assert the dignity of the law, and they did not intend to go any further with the matter. Hunia had done us good service in the past, and in committing the arson in question, he had been acting in strict accordance with Maori custom in asserting what he believed his right to the land. He was now shown that such customs would not be tolerated, and in consideration of past services, and his ready submission to the law in the present case, the prosecution would be withdrawn, Hunia was evidently immensely relieved by this announcement, for it was only a week or two before that a Maori from the Hutt was sentenced to two years' imprisonment, with hard labour, for setting fire to his own house when there were people m it. He, too, did it to settle a dispute, and seemed much astonished at the sentence he received for doing what he liked with his own.

Mr M 'Lean's visit to the West Coast was productive of good, besides his settlement of the Horowhenua dispute. He managed to conclude the purchase from the Natives of 22,500 acres of excellent land around Waikanae, at a cost of about Is Gd per acre. The land is admirably situated, and well adapted for settlement. It will be a most acceptable acquisition for the Provincial Government, as it will probably command something upwards of £2 an acre when surveyed. The Native owuer<j have already moved •ff, and gone to some other land they possess in the Taranaki Province.

Our Provincial Council met for two days in the middle of the month, and all the difficulties which led to the sudden termination of the previous session having been smoothed over, the Bill actually appropriating £50,000 for public works, and approving of works to the extent of £175,00p, was passed nem. con. Contracts for some of the works have already been accepted, but it is announced that the General Government regard the Act with disfavour, and are not unlikely to disallow it. If they do, there will be a jolly row over the matter. A little while ago, there was quite a mama for companies. Now the rage is all for giving them up. The Sugar Company have come to a determination not to proceed further, in consequence of the unfavourable nature of the reply received from < the Government in answer to tho application for a reduction of duty on the unrefined material. The Coal Company formed some time ago for the purpose of purchasing two steam colliers to trade with the West Coast, is also about to be wound up. It was found that a suitable steam collier could be built on the Clyde for £9900, but on a vote of the shareholders being taken, it was found to be unfavourable to going on with the scheme. The Ilutt railway line is now pretty certain to be opened about the first week of March. One of the locomotives is running daily on it, engaged in ballasting, and the town station is being erected, The Provincial Government have, I believe, declined tho offer of the General Government to take over the line on its completion — at least, they object to take it over until the whole line through to the .Wairarapa is completed. The con tract for what is termed the Summit Contract, which includes the tunnel of 630 yard's through ' the Rimutaka Range, has been accepted at tbe very low price of £18,700. There wero six tenders in, the highest, being £36,000, but even this was £7000 below the Government estimate for the work. Tlie first step towards the adoption of a proper system of drainage for the city has teen taken by the Corporation resolving to have a survey made, the, levels fixed, and. a

proper detailed, map of tn6 city. .prepared* Tenders for the performance of this work are to be invited, as it is thought the City Engineer has too much to do to be able to per--) form it. i

Our anniversary regatta this year was a dead failure, owing to the day being a stormy and most unfavourable one. An unfortunate accident also occurred through a small yacht foundering in the haibour, and drowning two men. One of these was a married .man, with a family of five. A considerable amount has already been collected for their relief. The yachfc contained three men, and singularly enough two who could swim were drowned, while the third, who could not swim, was saved, he having stuck to the mast when the other two struck out for shore. The regatta attracted a good many visitors from Wanganui and Nelson. There were a number of extra races on Saturday afternoon, when the weather was very fine. The principal one was a good race between the Wellington and Wanganui boats, which met at Wanganui on New Year's Day. Wellington on this occasion again won. The Wellington Boating Clubs are now preparing for the Interprovincial Race in Canterbury in March. Two, if not three, excellent crews will be sent from here.