RESIDENT MAGISTRATE'S COURT WELLINGTON.

Wellington Independent, Volume XVI, Issue 1498, 19 February 1861, Page 2

RESIDENT MAGISTRATE'S COURT WELLINGTON.

Monday, 18lh February, 1861

BEFORE IJ. A. FJ3IMBD, ESQ , RM.

Joseph Allen v. John Anderson, John MeTaggertey, Richard Gall, Frederick Heydon, John Pfleger, James Gasking, Henry Hezlett, and George Knunsee, (seaman of the ship, "John Bunyan," now in the port of Wellington). Charged with having on the Ist day of Feb last, on the high seas, unlawfully and piraticalfy taken possession of the said ship. Joseph Allan deposed,— I am master of the ship John Bunyan, she. is a British ship, and is now lying in the Port of Wellington, wheieshe arrived on Friday night last ; I pioduce the ship's articles. — John McTaggerty, John Anderson, James Gasking, Geoiga Kaunsee, Henry Hezlett, Richard Gall, Frederick Heydon, and John Pfleger, the prisoners at the bar, have all signed articles as able seamen, for a voyage from the port of London to Wellington direct; I sailed from London on the 10th day of November last, with all those men on board ; I produce the certificates of the of the ship's registry ; I produce the official log ; on the Ist day of February instant, I was in the cabin lying on the s»fa, when in consequence of being told I was wanted on deck, I went up and saw the prisoner George Kaunsee intoxicated ; I ordered him manacles; no drink? was allowed the Egftmeu by the ship's articles ; John Pfleger was also drunk; X ordered the second pfljoef to ggj Kf*unseeV olwt'Qi) depfe

c

■

and see what could be fo.ind in it ; Alexandor Davidson is 2nd officer, he gave mo* two bottles of beer which he said he had found in K innsec's bed, I believed them to bs part of the ship's cargo; I took the beer into the cabin, whilst I was in there Daniel McDonald, the man at the wheel, was .relieved by prisoner ffeydon ; Edmuud Culler the 3rd oflioce came and complained to me that McDonald had gone below and removed tho ladder frotn the forecastle batch ; he said they were threatening the officers lives below; I went and looked down tho hutch and said put up that ladder; John Me Taggerty replied, if you want the ladder up come down and put it up yourself, he had an axe in his hand and was sitting in a threateningattitude; I left the hatch and told the 3rd officer to load his double-barrelled gun,; I told i him quietly ; the men were in a state I should call mutinous ; I told the 3rd officer to take the gun into the cuddy ; I came aft on the poop, the officers followed me; I expected an outbreak on the part of the men ; I said to the ollicers the best plan would be as one by one comes on deck to put the manacles on them ; John Anderson came up on deck, he appeared slightly intoxicated ; I told (he officers to bring him aft, he had only his shirt and drawers on : he came aft when called; I asked him if he knew what was the row in the forcastle about; he said he did not know, he was afraid of his life; I understood him to mean that they were going to take his life; he has never told me why he was afraid of his l|fe ; I told him to go below and put on a pair 6f trowsers and come aft; he said he would not go below he was afraid of his life; he went round the corner of the deck house in front of the poop, and I lost sight of him ; I told the 2nd officer, Davidson, to call two of the watch on deck, viz,, — Daniel McDonald and Richard Gall, they ought to have been on deck ; I saw John McTaggerty, Danicll McDonald, Hezlett, Gall, and Pfleger on deck; immediately afterwards thsy were before the foremost; McDonald and McTaggarty were sparring together; the 2nd officer called McDonald and Gall aft, they came smoking their pipes ; Gall was slightly intoxicated ; I had not at that time received any information leading me to suppose the ship in danger; I asked McDonald what all the row was about? he said, since they had commenced the game, they intended to cany it out ; I did not know what he meant; I told the officer's Thomas Barnett and Davidson to put the manacles on McDonald ; they took hold of McDonald, he broke away and waved his baud crying to the crew to come aft; Richard Gall went down from the poop crying to the crew to come aft ; Gall said I'll be if you put my ship mate in irons; John McTaggerty and John Pfleger came aft with Gall ; when I saw them coming I put- myself between them and the officers ; I presented my revolver at Me Donald and said, the first one who offers any resistance I will fire ; McDonald immediately struck me ou the left arm violently; at the same time I was struck, the pistol which was cocked went off, I had tho pistol presented in my right hand, McDonald held his bead down whilst he struck me to avoid the pistol, by so doing he brought his head down on a level with tlie pistol which went off and hit him in the forehead, the man fell before me; John McTaggerty aud Gall were rushing up the poop ladder, I presented my revolver at McTaggeity and said if he advanced I would ■fire, he and Gall stopped ; McTaggerty said I don't care for you or your pistol either; I reasoned with them and said thej should have gone thwart of the body lying before them ; after a short time they allowed themselves to be put in irons ; I don't know what became of Hezlett; Pfleger went forward; we. then carried McDonald to the side of the companion ; I bathed his forehead with a sponge and water, McTaggerty aud Gall then rushed upon George Kaunsee and swore they would .kill him because it was all his fault, they struck him about the head and face, they were removed by the Officers of the ship : we had to make McTaggerty fast to the poop rail, he was very violent; I saw Gall strike Kaunsee but he was not so violent as McTaggerty, Gall sat down by Me Donald who was not then quilu dead ; I did all I could to recover the deceased, I told the Officers to go forward and bring the Crew aft one by one and put them irons ; Pfleger was brought aft uext, he resisted strongly, ho was drunk, he threatened to cut our throats and felt for his sheath knife, which was gone, he was put irons, we lashed him to the poop rail, as ho was using mutinous language, we gagged him, I then sent the Officers forward for Ilezlett and Gasking, they were brought aft together and were slightly intoxicated ; Gasking was tied with yarn, he wanted to fight McTaggerty who accused him of treachery, and said he would kill him ; Heydon was put in irons as soon as relieved from tho wheel ; he left the wheel during the row, to kill Kaunsee, as kesaid-; Haydon. struck Kaunsee ; I made entries of these transactions in the official log on tho night of the day on which the occurrence happened, they were read over to the parties at noon on the 2nd February. The entry under the head of the Ist Fobruary, was read uvot to all the eight prisoners as well as the entry made on the 2nd, they arc both signed by myself and the Chief mate ; I was present when the entry was read to Anderson and Gasking, not when it was read to the others. Hammerson, nn able bodied seaman of the ship told me on the night of the Ist February after the occurrence I have mentioned that he thought his life was in danger; I had reason before, the Ist February to believe thai the sailors had been broaching cargo — on the Ist February, I. thought their conduct mutinous aud was afraid of my life, when I returned from looking down the fore hatch, and before the shot was fired, I had told the passensengers to leave the deck ; I told both Mr. Peebles and Mr. Thompson, passengers, that they might have to protect their families as their lives might be in danger. Thompson was beloW*; 1 had carried a loaded revolver about me since the 19th of January, on that day I had called the crew aft aud accused them of broaching cargo, they denied it, they were careless in their duty at that time; one man was reported to me as drunk on that occasion ; the ship has been surveyed this morning, the forchold was filled with beer and coals; the surveyors say there is room for 13 casks ; I caunot yet tell what cargo is missing. By the defendant James Gaskino. — James Gasking came on to the poop to be ironed he came between two officers; I think the first and second officers ; I div not see him- brought aft, I spoke to him before he spoke to me and told him to let himself be secured quietly ; Gasking bad not at that time anything in his hand ; I do not know who brought Kaunsee's chest ou deck.

By defendant MoTaggerty. — I was three or four feet from McDonald when lie was 3hot.

By Prisoner Anderson. — When Anderson came aft after I bad come from the fore hatch he did hot come on to the poop ; he did not tell xne that l(f barrels were gone when I asked what the rp,w was, but only after they were nil ironed ( l djd not tell him \q go into the bpuse but to go an*} get a pair of tyawsorg on j he Jmd

nothing which could be used as a weapon in his hand ; I did not see him again till after the pistol was fired or till he was in irons, he then appeared sober. By! Prisoner Gill, — I did not say By my Scotch blood is up, before I fired the pistol, I did not say I did not intend to shoot the man in the head but in the arm.

By Prisoner Haydon, — I did not tell Kaunsec I'd blow his brains out if he was not quiet.

By Prisoner G asking, — I did not hear Gasking say when being put in irons that he would allow me to inflict any punishment I thought proper. By Prisoner Plyfer, — I am quite sure that Pfleger said that lie would cut our throats and not that he would out his own throat if he was let out of irons.

By the Magistrate, — When I wont to the fore halcli I saw nobody on deck but llaydon at the wheel si ml Kaunsee who was in irons ; MoTaggerly was tlio only one I saw when 1 looked down the fove hatch ; I did not see any thing in the men's hands as they were coining aft to assist McDonald.

'Jhomas Baknbtt, deposed, I am chief mate oftho.Tohu Bunyan. She loft London on the 10th of November last ; I hold in my haud the ships log kept by myself in which the entries arc made daily as the occurcnces take place ; on the lOlh day of January I found the prisoner Kauusee drunk, in consequence of thai t went down with the carpenter and ascertained tiiat a bulkhead had been broken and about nine casks of beer appeared to have been taken from the forcpeak ; I reported it to the captaiu ; the entry now shown me of the 19th of January in the official log is signed by me ; I was not present when the crew was called aft on that day as stated in the entry; the men did not seem much out oj- the way in their behavour till Ist February, though some of them were careless, and nothing particular occurred till that day between 12 and one o'clock on Ist February ; it was my watch below, about half past one o'clock the second mate came to me and told me that Kaunsce was drunk; I went on deck and saw Kaunsee in irons sitting on the skylight ; he was drunk ; the second mate told me they all seemed drunk; I went to the forecastle hatch; I saw a chest alongside he told me it was Joe's meaning Joseph Kaunsee (pointing to George Kaunsee) I looked down and saw the prisoner Johu Me Taggerty sitting with the cook's axe in his hand looking up the hatch ; McTaggerty said the first who came down he would cut their legs off ; the ladder was away , the captain was standing by the hatch ; he ordered the ladder to i be put up, somebody answered horn below that iflie wanted it up he must come and put it up himself; I heard McDonald below say the first who came down he'd cut his heart out ; I saw McTaggerty throwing bottles below and heard others being broken ; I called John Pfleger the prisoner aud John Hammersou to come up on deck ; some body answered from below nobody comes up here ; the only men ou deck were Kaunsee and the prisoner Hendriuk Haydon who was at the wheel ; I believe my life and that of the captain would have been in danger had we gone below; the captain said to me its come to somethiug now ; he went a ft, I followed ; he asked how many irons we had on board ; he ■said it would be best to call them aft oue by one and put them in irons as they came; I got the irons ; John Anderson came on deck without being called, he had his shirt and drawers on ; 1 asked him if ho had anything to do with the affair lie said uo, I told him to go and dress himself, he said " he was afraid to go below he was afraid of his life" I went and tol 1 the Captain ; I heard the capUiu ask Anderson if he had any hand in it, he said no, the captain told him to go down and put his clothes on, he said he was afraid to go t the captain told him to stop aft ; Anderson afterwards went to the rouud house, the Captain told Davidson the second officer *to call Me Donald and Richard Gall aft, Mr. Davidson called them first from the poop, they did not come aft, it was Mr. Davidson, McDonald and Gall's watch ou deck ; I went forward with Mr. Davidson, McDouald and Gall were on deck, I told McDonald the Captain wanted him ; John McTaggerty, ltichard Gall, Pileger and some others were there on deck, I think all hut two of the crejv / were there, McDonald said to the rost let us go aft, and see what the captain wants ; McDonald, and Richard Gall came alt and o)i to the poop ; they were folllowed by some of the rest, the captain asked McDonald what the row was about, he said carelessly, oh, I don't know ; the captain told me to put him in irons, he broke loose from us and tried to get forward ; ho called out we have began the game aud we iutend to carry it out, he called the rest of the crow to " lie aft and see if we put him in irons" McDonald was not put in irons; Gall did not call out for assistance, McTaggerty kept calling out "you sha'nt put us in irons'" he was in front of the poop; the captain slipt between mo and Davidson and McDonald and said the first that offered resistance he wjiiUl fire and presented his revolver at McDonald ; McDonald made a blow at the captain and struck him on the right arm a liltlc below the shoulder and the pistol went off and McDonald fell; McDonald dipped his head on striking the blow and the pistol went off; M'cTaggarty and Gall who had left the poop, then tried to come up, the captain presented his revolver and said if they ufiercd resistance he would fire. Me Taggerty said you've shot that man ; a short time after McTaggerty said to the Captain ; captain you've done your duty, but its a pity the man's shot ; the captain asked McTaggerty to allow himself to be put quietly in irons ; Me Taggerty said you've shot that man ; the Captaiu said " yes but you drove me to it." Kauusee was sitting on the quarter all this time fu irons McTaggerty and Gall allowed themselves to be put in irons ; McTaggerty had run across the deck after behadbeenputinirous and struck Kaunsee who was made fast to the lee quarter Gall also run and struck Kaunsee, they struck him about the head and kicked him, saying it was all his fault. We fastened up M'Tuggerty to the poop rail. John Pfleger was next put in irons, it took five of us to put him in irons, he said if he had a knife he would cut our throats, and felt for his knife. Hendrick Haydon left the wheel and struck Kaunsee after M'Taggciiy had struck him. Haydon said he would knife the sou of a b— h. I went then to the forecastle, and found the bulkhead had been broken a second time ; James Gasking and Heury Hezlett were there in the forecastle ; before I went down to the forecastle I went to -the round house and found Audersou lying asleep, I put the irons on him without disturbing him ; there were a lot of broken bottles and broken sailor's chests strewn about the forecastle. Hazlett and Gasking appeared from the state of their beds and clothes to have been vomiting. There were about three dozen -empty bottles, aud about as many more had been broken. I brought Hazlett aft and put him in irons. Gasking used very bad language, but after a time he came aft with me ; he did not rebist me ; he was made fast with spun yarn ; McTaggerty accused Gasking of treaqhery, aud told him he was the first to propose a tb.in.ff and (hen the iii'st lo buck out ol it, QmViQg was left on Ibg

deck for a short time, and then put in the round house. Haydon was put in irons after leaving the wheel at four o'clock. Gall's irons were taken off as he wished to assist in washing and dressing M'Donald, who he said was his brother-in-law. I heard M'Taggerty say whilst > being put in the forecastle hatch, "Now all we want is a match to set fire to the lugger." I read the entry of the Ist February to John M'Tairgorty, John Pfleger, Hendrick Haydon, and Richard Gall, in the quarter-hatch, and to Joseph Kaunsee and Heniy ITazlett, in the fore-scuttlo hatch. John Al'Taggorty said if he had made the statements put down to him, he must havo beeu drunk or mad. Richard Gall denied what we had stated.

By Prisoner James Gashing. — Gasking was in his bed awake when I went into the forecastle; I asked you to come on deck; I went aft along with you ; you told me to stand back ; I did so ; I kept about two yards off from you ; I saw no unlawful . weapon with you ; I did not search you.

By the Prisoner Haydon,— l do notkngw whether you had a knife when you said you would knife Kaunsce ; when 1 put you in irons I told you I did it because the captain ordered me ; I never mentioned the word guilty to you at that time.

By the Prisoner Pflecer,— lt was the first time that Pflcgcr had been put in irons ; I understood Inn* to say that he would cut our bloody throats off and his own.

By the Magistrate,— The carpenter and three boys, forming part of the crew, live in tho round house ; the boys Mcßeth and Haydon were in my watch, and it was their watch below at the time of the disturbance ; I do not recollect having seen the boy Sheppherd during any part of the disturbance, it was his watch ou deck ; the boy Mcßeth was standing in the fore rigging at the time ; the carpenter was assisting me ; Ido not recollect seeing the cook the steward wa's on the poop; there was a sea; man named Hamerson ou board, he was on deck during the time but did nothing. ' Alexander Davidson, second mate of the John Buuyan, and Edmund Cullen, third mate of the same vessel, gave their testimony and corroborated the evidence of the two former witnesses.

The Court adjourned till to-day and prisoners remanded till that time.

The case occupied the Court all day and did not leave off taking evidence till past 7 o'clockMr. John King- and Mr. Borlase were Counsel for the complainant, the prisoners were undefended;

The Court was densely crowded all day nearly to suffocation, the windows were all open, but the heat was very oppressive. • ' ' llegioa v. Joseph Allen.— An Informarion was laid by John McTaggertcy against , the prisoner for having on the Ist day of February instant, on bo;»rd the British ship John Bunyan, while on the high Seas, with a certain pistol loaden with powder and divers leaden shot feloniously, wilfully, and of his malice aforethought, did kill and murder one Daniel McDonald.

The Resident Magistrate consented to take Bail which was immediately offered. William Bowler, Esq., in the sum of £200, and the said Joseph Allan in the sum oi £400, for the appearance of the prisoner at the Resident Magistrates Court, at 12 o'clock to-morrow.