LYTTELTON.
Thubsdat, Jdlt 15. (Before W. Donald, Esq., R.M.) Assault. Fawcett was charged with this offence. Mr Nalder appeared for the prosecution. Mr Garrick for the defence. Before the case was entered into, Mr Garrick i said that a warrant had been issued, and his client had been locked up all night. The assault bad been committed many months since, and a civil action was then pending. The vessel had been in harbour some weeks, and it was usual for the Captain to make a charge as soon as his vessel arrived. Mr Nalder in reply, said bis client was well aware of the length of time that had occurred since the assault, which was. a most gross one, but the punishment the accused received at the time, his client thought was well deserved, and in his own mind he forgave him, but when he found a civil action was being brought against him, i he took, these proceedings. . The Resident Magistrate said that he was quite ignorant - of the nature of the assault, but would make a note of the remarks made \ ,he had not issued the warrant. Captain George Ellery : I am master of , the ship Caroline Coventry ;
on th« 13th March, the chief officer came and told me that Miss Cressy, matron, had not had her tea. I went down and saw the accused, who was then steward, and told him, to send it down to her, when be refused to do so. It was about 9.30 p.m., and I entered the occurrence in the log-book. By the Court : It was not read over to the accused. Examination continued : The ship was in a state of insubordination at the time, and accused came on to the poop, and told nic to get some one else as steward, for he would not do any more work ; he then swore he would knock my head off, and attempted to strike me. I told him to go off the poop, and he refused to do so ; he again tried to strike me, when I called my officers, and told them to put him in irons. He was intoxicated at the time. I caught hold of the accused, and, with the aid of two of my officers and two of the crew, he was got away. I gave the accused up to them. By Mr Nalder: I warded off the blows, but did not strike the accused ; I caught hold of him to prevent myself being hit ; it took four men to hold the accused ; he w_y in liquor. By Mr Garrick : The accused was in liquor. I had not taken much to drink during the day ; I cannot say how much, for I do not take account of it. We had twenty-one cabin passengers. I will swear the accused did not say it was the cabin boy's business to give Mrs Cressy her tea. I thought he had been sufficiently punished, and did not take any steps when I arrived. I did not see him after I came off the poop. I was told he had gone to his bed. 1 swore to the information, and I read it over when I signed it. Donald Campbell : I was the .doctor of the ship. I remember the night of] March 13, and I saw the disturbance. I was on the poop with my wife, Mrs Page, and Captain Ellery. Th._ accused came up on the poop. The Captain spoke to him about two things ; one was Miss Cresay's tea, the other was about leaving plates on the poop ; his first rep'y was it was George's (cabin boy) business. The Captain told him to take the plates down at once, which he refused to do, and the Captain then ordered him off the poop, but he refused to go. By the Court : He refused with an oath ; the accused then ruahed upon the Captain, as if to strike. The Captain caught hold of the accused to defend himself, and a struggle commenced. I told the Captain not to strike accused. By Mr Nalder : I did not see any blow struck ; the Captain never relaxed his hold, until bis officers took the accused away ; when the officers and seamen came there was a struggle, and they fell on the hen coop. The Captain was quite sober; the accused was intoxicated. By the Court: The officers had to get some of the sailors to assist them. William Alfred Howell deposed : lam the chief officer. On the Thursday night in | question, the Matron asked me if she could have her tea, and I went to the steward who told me he had nothing to do with it, and that the boy George had given it her. I again, afterwards, asked the Matron if she had had her tea; and she replied in the negative. I told the accused to give it to her and he refused. I reported the matter to tbe Captain. The accused, when I saw him, was in the pantry drinking out of a spirit bottle. I went forward to see who was ou the look-out, and I heard a noise aft and my name called. I went aft and found the second officer and an AB sailor holding accused down. I enquired the cause, and was told he had struck the Captain. I put the irons on him, the Captain told me to do so. He wanted to fight tre and the second officer when the irons were on him. He had them on an hour only. Accused was not sober, he certainly was drunk. William F. Rowe, second officer, deposed that his attention was directed to the disturbance by the Captain calling out for assistance; he went on to the poop and found several of the passengers keeping tbe accused from the Captain. He secured the accused, and helped to put him in irons. By the Court : I considered it my duty to assist the Captain. The accused was intoxicated when he was on the poop, and very much excited. Mr Garrick, for the defence, called Mr Kobert Parker who said: On the day in question, the men were what is called working the dead horse. At night there was a concert. I was in the pantry with the Steward when the Captain came in and spoke about the Matrou's tea; he said it was the boy's place, as he could not attend to every one. The Captain said it was bis place, and he shouid do it. A short time <af ter, witness beard a struggle on the poop, and he went up the ladder. The accused, when witness saw him, was not in liquor. Went on the poop and saw five people holding the accused down. Crossexamined by Mr Nalder: I saw nothing of the struggle. I was perfectly sober. It was a quarter of an hour after I left the cabin before tbe disturbance. The Captain was in liquor when he came into the pantry. Mr John Parker : I saw the commencement of the affair. The Captain said to the accused, "If you don't go forward I will knock you." I did not see accused strike the Captain; the first thing I saw was the Captain, a passenger named Waite, and two others on the accused. . Cross-examined by Mr Nalder : I was on the break of the poop ; I was not at the mizen mast ; I did not see the origin of the affray ; accused told me afterwards. I saw the commencement of the struggle ; the affray lasted about a quarter-of-an-hour. I have sworn the Captain was drunk ; he was decidedly so (laughter) ; I was quite sober ; I had bad only a glass of wine during the day. Captain Ellery has not had to complain continually to me of my conduct. Mr Nalder said that was the case whioh he contended was fully proved by an independent witness. The Bench said that the time was considerable since the ship had been in before making the complainant ; but this had been explained, the Captain having in his own mind overlooked tlie matter ; the conduct of the steward was most unwarrantable, and from the evidence given the officers had not been guilty of any excess of violence ; considering that the aqcused had been put in irons, the sentence of the Court would be 48 hours' imprisonment id the common gaol.
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Bibliographic details
Star (Christchurch), Issue 366, 16 July 1869, Page 3
Word Count
1,401LYTTELTON. Star (Christchurch), Issue 366, 16 July 1869, Page 3
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