Local News.

Colonist, Issue 6, 10 November 1857, Page 2

Local News.

RESIDENT MAGISTRATE'S COURT. Friday, Nov. 6. (Before the Resident Magistrate, and George White and R. K. Newcome, Esqs.) THE COLLECTOR OF CUSTOMS V. JOHN WISHART. The defendant was charged with having, on the 4th November,. 1857, made an untrue report to the Custom-house, contrary to the 15th section of the Customs' Ordinance, session 1, No. 3. Mr, Kingdon, in defence, admitted the case; and in mitigation of the offence, said that Captain Wishart was taken up in a great hurry by the Post-office authorities to carry the mail to AVellington, in order to get troops for India. Every thing connected with the Customs regulations was got up in great hurry. There was no time to fill up the manifest: Captain Wishart informed the authorities here of the circumstances. Mii Travers, on behalf of the Customs;, contended this was not the case —the defendant was charged with making an untrue report. ; Mr. Kingdon said : Captain Wishart admitted that the report made to the Collector of Customs, on the Mimmie Dike's arrival was untrue, and agreed, if time were allowed, to have the report amended. Mr. Kingdon therefore made a request to the Resident Magistrate to have a petition got up to the Government "for a reduction of the fine. Mr. Travers said the captain had been cautioned With respect to these goods, which turued out to be the property of the captain and owners. The Resident Magistrate said the only course was to memorialise the Government. The Collector of Customs said that with respect to any difference there might be between the Melbourne manifest.and the captain's report, he (the Collector of Customs) would allow of a declaration but the report of goods which was made by the captain at Nelson differed from the goods which were actually found in the vessel. Fine of £100 inflicted. . ; (Before the Resident Magistrate ; and George White, R. K. Newcome, and David Rough, Esqs., J.P.'s.) DAVID JOHNSTON, IMMIGRATION OFFICER, V JOHN WISHARI', KiASTER OP THE MIMMII3DIKE. The charge was a breach of section 29 of. the Passengers' Act, 1855. Mr. Travers, on behalf of the Immigration Officer, .stated the case. On the arrival of the Mimmie Dike at Nelson she was visited by the Emigration officer. There were on board four cases of vitriol in opposition to the Passenger Act, which specially prohibits vitriol, and the penalty is not to exceed £300 nor to be less than £5. These articles were ordered on shore by the Emigration officer at Melbourne. A portion of the vitriol actually did escape, -which might cause the ship to be burned. •• .'■'.- James Hack Worth, Officer of Customs, examined : On the 4th instant, went on board the Mimmie Dike with Mr. Johnston; found four cases containing vitriol; they were in the hold; the captain was on board at the time; I heard some conversation between the captain and Mr. Johnston about the articles; the captain admitted they had been on board and sent on shore by the Emigration officer at Melbourne ; I did not hear him say that the Emigration officer had refused to sign his papers whilst they (the cases) were on board; I saw one of the cases opened at the Cus-tam-house, which had been previously opened on board; observed a leakage; the sulphuric acid was in earthenware jars with stoppers screwed on, and the jars were in wooden cases; one of the jars had leaked. The lid of one of the wooden cases was produced in Court, and identified by witness, who said the lid was close, over the bottle which leaked; I saw the examination made by Dr. Ren wick; the acid which was examined by Dr. Renwick was the same which was taken out of the Mimmie Dike, there Were four cases. . Mr. Kingdon, for the defence, said the captain was prepared to admit the sulphuric acid being on board, but the captain was not aware of the circumstance till the ship was at sea. James Hack worth, continued : The cases were filled with whitening; the whitening shewed where the bottle had leaked, and was charred as well as the board ; the captain admitted in my presence that he knew they were on board before the vessel arrived in port. Mr. Kingdon: The captain was not aware, when the Mimmie Dike sailed, of the sulphuric acid being in the .vessel, but the same was.smuggled on board, and was the property of a passenger named ■Mr. Whateman. . ■ David Johnston, sworn: I am Emigration officer here; have heard the evidence given by Mr. Haekworth, which is quite correct; ' I have laid the information as Emigration officer; when I found the acid on board I spoke to the captain about it; he merely admitted that he knew it was on board before he arrived in port, but did not state when he first became aware of it; he said the four cases of boots reported in manifest represented the vitriol; having been asked by me what cases in the manfest represented the four cases vitriol, he pointed to the boots; they were entered as boots, and belong to Mr. Joseph. Cross-examined t Boarded tlie vessel the morning after she arrived; I sent a man on board the evening before, and from information rceeived, I made the inquiry about the cases of vitriol; the captain at once admitted there being on board. i J3y Mr. Travers: The weight is 325 lbs. : David Rough, Collector of Customs, sworn: The captain of the Mimmie Dike made a report > when he arrived, of goods in his ship; did not report vitriol. " Cross-examined: He admitted that his manifest from Melbourne incorrect; he said there were things in the manifest which were not on board, but not that there were things on board which were not in the manifest; the vitriol was seized some hours after the ship- was entered. Dr. Renwick, examined by Mr. Travers: Examined some sulphuric acid at the Custom-house ; did not examine the strength, but it appeared to be of the usual strength; sulphuric acid is a very dangerous substance on board ship; will char wood and vegetable substances when coming in contact with them. If one of the bottles in the case had broken, the sulphuric acid would have combined with the lime of the chalk, formed sulphate of lime, and set carbonic acid gas free, which might have burst open of exploded the case; I am not aware l^ow it is brought out in vessels from England; on my voyage to India, the sulphuric acid was carried in the chams of the ship ; never have heard of its being taken in the hold of passenger ships; 35 souls, including the crew, are reported on board. . Mr. Kingdon stated that the captain did not know the vitriol was on board until the ship was at sea. ■ : ; .: : Edward Fielding, chief officer of the Mimmie Dike, examined. I remember the Emigration officer coming on board the ship at Melbourne; he objected to four cases on board, because they contained something not allowed to go in passenger ships; I did not know what they contained; was second mate at the time, not chief mate; the captain told me to put them into a boat by the side of the vessel and send them on shore; I did! so; I was not aware they were on board when we left Melbourne; Ido got know how they came on board again; was on board the ship till the ship sailed; they were not brought oU board again in the daytime ;'on asking a man who took the cases away what he did with them, he (a passenger) said they were taken and left on board the Marchioness, for Wellington; I was not aware of their being on board till our arrival here; the mate, not myself, was in charge of the hold when the cargo ■ was stowed; the mate laft yesterday for Wellington, having been unfit for duty; I saw none of the passengers' luggage stowed; the mate probably saw the passengers'luggage stowed; I lent a hand to put the cases into the boat; the passengers were on board then ; we were to sail next morning at daylight; this wasT on the previous evening, at about six o'clock; the captain did not go on shore that night, but three of the passengers, whe took the stuff away, went; I saw the ship's, boat come back about nine o'clock; I only.saw;one. passenger return—the others I supposed were in the boat, but I think the steward, one of the three, was

not; only two returned; I kept anchor watch; the crew in general kept the next watch to me ; I turned in after.my-watch; the boat was dropped astern" and made fast by me, and I think that I hoisted her up afterwards, but am not certain; the weather was ■ blowing heavily ; there were no cases in the boat when the men came off ; the boat could not live with them, as there was boisterous weather; the cases must have come through the night; the hatches were on, but no bars, net fastened down ; the packages were heavy to handle; a tackle wuld be required to hoist them ; I have no idea when I saw the steward next day ; I went on shore to get the beef, which I hung up; this is usually got by the steward; I do not recollect seeing the steward; I believe the packages belong to the steward; my impression was that he had left with the packages, and was not coming with us; did not see him come on bo?rd—l saw him after- . wards on board some time that day; the cases could have been put on board without any of the officers, crewy or any person but the persons who Fpu' them in, such a night as it was, knowing anything about it; i'ound, at Nelson, that some of thsee case's were stowed away under three or four large tents made up, one loose; they were stowed about the water cask; I did not report it to the captain—did not think them worth speaking about till Mr. Johnston came on board, when I thought they might be the cases lie enquired afters ■ at Melbourne, the captain gave me orders not to allow any boat alongside during the night, after the cases had left; I passed the orders from watch to watch. I do not know one of the crew by the name of Greenhill—know him as Jack; I shipped as second mate; did not sign articles, was a friend of the captain; I had been a sailor before coming on board; saw no other boat but our own come on board—none of the crew reported any; the name of the steward is Wateman; Bill and Jack were the names of the men who went on shore with the steward; I believe the packages belonged to the steward when at Melbourne; ' ■ Jacob Levy, examined by Mr. Kingdon : was a passenger on board the Mimrnie Dike : I was on the deck of the ship when the Emigration Officer was on board at Hobson's Bay; heard him object to some cases being on board which ought not to be; the Emigration Officer said it was not according to lawto allowthem to go on the passage ; the captain ordered them away, and I saw them go away-in the captain's boat; I heard they belonged to the steward, but heard no remark to the effect from the steward at the time; saw the boat return, and no case in it; two of the passengers left in the boat; I think the steward was not in~ the boat when she returned, and the boat was empty; I know nothing of the cases having been brought oh board again till I had been two days ashore here. Cross-examined : Was cabin passenger; breakfasted before 10 ;do not exactly know the hour; the steward was there then; the vessel started next morning about half-past 7 ; I heard no noise that night—am a sound sleeper; saw the packages when the boat left; could see the boat coming back, but she had nothing on beard to the best of my.knowledge; Ido not know when the steward come on board again; John Greenhill, seaman on board the Mimmio Dike : I recollect some cases leaving the Mimmie Dike at Melbourne; assisted-to put them into the'boat; saw them again throe or four days after the vessel sailed • saw them down the hold; I made no remark; the chief mate was down the hold-; was not ordered to keep watch. v • • Mr. Travers remarked -that -the only person who could state that he did not know the cases were on board was the captain himself who should, have been examined in the defence. ... The Resident Magistrate: The Court is led to believe that the captain know something of the cases being on board .... From the great danger arising to Passengers, the Court ordered a fine of £30 and cost..