Magisterial.

Star (Christchurch), Issue 146, 30 October 1868, Page 2

Magisterial.

LYTTELTON. This Dat. (Before Dr Donald, R.M.J Insubordination and Assault. — Joseph Austin, seaman on board the brig Deva, was charged with this offence. Mr Nahler appeared for the prosecution. Captain Sampson stated: I am master of the brig Deva;

the vessel was being moored alongside the screw-pile jetty this morning, when I heard the accused making some insolent remarks to the mate. I asked him what he was grumbling about, and told him to go for'ard; he would not ;do so. I went on board and told him again ; he refused. I put my hand on his shoulder, and again told him to go ; lie turned round with an oath and caught me by the throat ; and, saying he would do for me. he knocked me down and kicked me on the head. For ten minutes he kept beating me. The mate came and separated üb. 'J'he gates on the wharf were shut, or I should have given him in charge then. The accused was shipped at Newcastle and iB on the articles, t eorge B adshaw, mate, eaid, he gave accused orders to clear the warp ; when he, in reply, told him to "shut up." He continued growling, and the captain went on hoard and told accused to go forward, putting his hand on his shoulder. At the time the accused struck the captain and knocked him down, the accused fell on the captain, and continued punching his head. I told him before to go forward several times. Accused called two seamen, who said they heard no words pass between the captain and accused, although they witnessed the assault. They stated they did not interfere, but walked away. Accused denied the charge of striking the first blow. The Bench said there could be no doubt about the assault as sworn to. The sentence would he three weeks' imprisonment with hard lnbour. Stowaways. — John Donovan and John Spuce were charged with being stowaways on board the ship Hydaspes. Captain Babot stated that the accused were found on the SOth July, conoealed in the coal hole ; they were not seamen or passengers. By the Court : They had worked during the passage. Donovan said that he stowed himself away because he could not get work at home, and also because he would not be a burden on his mother, who only earned one shilling and sixpence a day. i-puce said he was a seaman, but had lost his discharge, and could nßt get a ship. He had left his clothes at the Sailors' Home, as he was iv debt there. Larcent— John Spuce was also further charged with this offence. Charlts Miken stated he was a cuddy servant on board tlie Bydaspes. On the 29th August, he was aroused at half-past one in the morning, by a noise; he saw the accused sitting on his box and overhauling hia clothes; when he was spoken to, he pretended to have been asleep, and said he wanted something to eat ; hu aroused his fellow-servants, and the accused then got up and went out; all in the berth got up to search; the accused was found, and. on searching him, there was found five shillings and sixpence in silver, and fourpence in copper, and also part of my pocket, which I missed at the time. By the Court: I saw accused take the money out of my pocket; he had no business in our part of the ship, fa part of the pocket found on the accused was here produced, and corresponded with the remainder on the trowsers. James Corbell, second mate, said he was called by the cuddy servant, and found accused in one of the cabins, concealed by a curtain ; the accused was searched, and the money and part of the pocket was found on h m ; he was handcuffed and taken on deck ; he threatened to rip up the captain and officers if he could get at them. In defence, accused said he was drunk at the time ; he had been kept nine weeks iv irons, in a place 3ft by 6ft, with three biscuits a-day. ihe accused was sentenced for this offence, to three months' imprisonment, with hard labour, to date from 29th August last. The Bench sentenced Donovan ;o seven days, and Spuce to a further imprisonment of 14 days for being itowaways.