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The Grand Jury having returned a true bill. ASSAULT.

. James Campbell and Arthur Burnes, privates in the llth Regt., pleaded " not guilty " to the charge of having on the 23rd day of February, last, aspolice constable William Harris in the execution of his duty. The prisoners were undefended. The Crown Prosecutor stated the caso to tlie jury, and called the following witnesses: — William Harris having been examined, stated — I am a police constable and was on duty on 23rd February instant, on Lambton Quay ; I saw the prisoners on the night the assault took place, opposite the Aurora Tavern ; I was in company with Corporal Finucane: we were going up Willis syeet ; we met the prisoners ; Burns stepped off the footpath into the road where we were, and said '* I will nip ifcinto some of the b-r— y policemen for getting our comrade 6 weeks imprisonment " ; having taken particular notice of ' their description we went on without saying anything to them. We went round by the Nag's Head and down Willis street again, and when opposito the Aurora Tavern again met tho prisoners ; Burns stepped off the footpath and came to me and asked me if I was not the b — r that got his mate 6 weeks imprisonment ; I said I had nothing to do with it ; he said I was tlie party, and he would break my d d head ; the other prisoner then came and stood by his side ; Campbell struck me with a bottle on the side of the head ; I was stunned with the blow and staggered over towards Mr. Bowler's store ; after I recovered a little bit Corporal Finucane led me across to Mr. Homer's — the Aurora Tavern : I stopped there until I was perfectly recovered.

By the Court.— Bums 'was by Campbell's side when he struck me ; Burns, did not strike me but had his hand up to strike me ; he was within reach.

By Prisoner Bur»s. — I ara quite certain that you are the man that was with Campbell. Michael Finucane, corporal of polioe and Sergeant Major Atcheson corroborated the preceeding witnesses evidence. The Prisoner Campbell made a statement to the effect that seeing a row lie went up to see what it was ; he was knocked down and on getting up he threw the bottle in self-defence. The Prisoner Burns stated that he did not recollect speaking to Harris at the time. F. Atoheson re-examined. — Campbell appeared Bobar. His Honor having explained to the jury the law bearing on the case of either prisoner, The Jury immediately ' returned a verdict of "guilty." James Edwards examined as to the character of the prisoners stated that he was a Lieutenant in the 14th regt., both the prisoners belonged to his company; considered Campbell an indifferent character, Burns not quite so bad. Never remembered either of the prisoners having been brought up on a charge of a riotous nature. His Honor in passing sentence observed that soldiers were bound, to assist the police instead of Obstructing them,. He had hoped that the old-, fashioned" jealousies between soldiers and, civilians,, and especially between soldiers and police had died, 'away, .He warned them that the Civil Authorities had ahiple meajißat command to restrain them from the' commission of such offences and that he 'and others in authority were determined to punish' severely any soldiers who might be brought before them .on a similar charge. The sentence of the Court was that each of them should be imprisoned with hard labor in the Wellington Gaol for the period of six calender months. Prisoner Campbell— l wish you would transport me your Honor. I

The Court — I am sorry I cannot oblige you. As the. prisoners were being removed Campbell I with an awful scowl said— l would rather be in gaol thaii in the regiment.. ! The Grand Jury ignored the Bill for manslaughter, against Captain Allan and found true Bills in the other cases. .'.-- LARCENY. John McTaggerty, Richard Gale, John Ander-. son, James Gasking, George Kauncee, Henry Hazlet, ffi endrick Von Hey don, and John Pfleger pleaded guilty tb the charge of stealing cargo on board the ship John Bunyan. The Court then adjourned for one hour. _On re-assembling, his Honor remarked that he did not know that he could proceed in the case of Regina v., McTaggerty and Gale for although the Grand J.ury had found that certain averments in the Indictment were true it was in the judicial knowledge ofthe Court thatsuch averments were not true. The indictment averred that the offence Was committed on the High Seas within the Jurisdiction of the Admiralty of England, and within the jurisdiction of the Supreme Court of New Zealand I whereas the offence alleged was not committed within the jurisdiction of the Supreme Court.

After a lengthened argument. — ' The Court directed that as no application had been made by the opposing Counsel to quash the indictment the case should be proceeded with, reserving any points that might be urged in arrest of judgment.

PIRACY.

John McTaggertv and Richard Gale peadled " Not Guilty to the charge of having on the Ist February on the high seas on board the British ship John Bunyan, piratically and feloniously made a revolt. There was a second count in the indictment charging them with endeavouring to make a

revolt

Mr. King ancl Ma. Borlase appeared for the prosecution. The prisoners were defended by Mr. Izard.

Mr. Kino stated the case to the Jury,

Joseph Allan examined — I am master of the ship John Bnnyan ; I know the prisoners at the bar; they are able seaman on board tho John Bunyan ; wo left London on 10th November last ; the prisoners were oh board then ; I recollect being informed on the 19th January, in reference to some beer which formed part of the cargo and which had been taken , I gave orders to have the bulkhead in the fore peak, in the .cook's coal-hole secured ; the cook's coals hole was in the bows of the vessel ; the coal hole was below the forecastle ; the bulkhead divided the forecastle and coal hole from the fore hold ; bottled beer and coals were placed against that portion of the bulkhead which divides the coal hole from the forehold.

By thk Counr — The beer was put on board in London; none of the crew were present when it was put on board.

' Examination Resumed — At half eleven a.m. I c.illed all hands aft ; tiny cane aft. I asked them if any of them knew of the breaking up of the bulkhead ; they said no.

Br the Court — Besides the prisoners at the bar the crew consisted of John Anderson, James Gasking, George Kaunsee, Daniel McDonald, Frederick Von Haydon, W. Hill, (cook) John Pfbger, John Elder (carpenter) and Herman Hammerson; three boys, Alexander Mcßeth, David Shepherd,, and John Haydon, Thomas Barnett, Ist mate, Alexander Davidson 2nd mate, Edmund Cullen, 3rd mate, John Grey, steward ; there were the following passengers, John Peebles, wife and family, John Thomson, wife, and family, Mrs. Rolfe, Emma Bodman, and Margaret Lowell; Emma Bodman was a cabin passenger, but the second cabin passengers lived in the cabin. Examination Resumed — When the crew came aft Gasking was at the wheel ; on the Ist February about a quarter to two o'clock I received some information from the second officer and in consequence of it I went on deck ; I got two bottles of beer from the second officer; I took it into my cabin, whilst in the cabin I received some information from the third officer and in consequence went ou deck, forward to the forecastle hatch ; I saw the first and second officers and carpenter at the forecastle hatch ; I looked down the hatch and saw McTaggeity ; ho was sittiug on a chest with the cook's axe in his hand ; I said put up that ladder, (It was the forecastle ladder which had been taken away) some one in the forecastle answered " if you want it up come down and put it up yourself';" there was great uproar in the forecastle. By the Court— McTaggerty could have seen me ; It was after I had looked down and had seen McTaggerty that I ordered the ladder to be put up.

Examination Resujied—l saw no one else in forecastle; I could see very little of the forecastle ; I heard a noise as if they were breaking bottles ; I then went aft ; when I was at the hatch I saw some of the crew on deck ; Haydon was at the wheel when I went aft; Kaunsee was on the poop sitting on the foremost skylight ; he was iv irons ; I ordered him in irons about two o'clock for being intoxicated ; I gave some orders ih consequence of what I saw in the forecastle, about the safety of the ship ; between the 19th January ajid Ist February the general conduct of the crew was very careless and negligent By the Court — I was in Court when the six others with the prisoners pleaded guilty to the charge of stealing beer. f . Examination Resumed — I next saw McTaggerty soon after I went on the poop ; I saw him and Gale near the foremast; I did not see them doing anything.

Br the Court— l saw McDonald and McTaggerty sparring together. Examination Resumed.— lt was before the. foremast that I gave the second officer orders to call Mc Donald and Gale aft as it was their watch on deck; they were called theyjeame, not immediately, but after they had been repeatedly called ; I asked them what all this row was about, McDonald said " I don't know, we have commenced the game and intend to go on with it;" Gale could hear that; McTaggerty could not; I told the first and second officers to put McDonald in irons, they laid hold on him ; by force he broke away, saying, as it appeared to. me, to "tell them to lay aft;" at the same time Galejumped down off the poop and went forward a small bit, waved his hand and cried " come aft here," and turning round said, " I'll be d dif you put my shipmate in irons;" McTaggerty was coming aft on the starboard side ; I heard him say '« let us lay aft aud we'll see whether they will put us. in irons," or words to that effect; it was said in a menacing manner ; when I saw Gall go off the poop and wave his hand I stepped in between the officers and McDonald; 1 had a pistol in my hand ; I presented it and said the first one that shows resistance I will fire, as soon as I said so McDonald struck me a violent blow on the left arm, at the same time ducking his head, the pistol went off and killed McDonald; when the man fell I saw McTaggerty and Gale coming up the poop ladder, Pfleger had come aft as far as the mainmast.; Hazlett was standing forward ; I presented the pistol to McTaggerty and said the first one that comes on the poop I will fire; McTaggerty said " I don't care for ybu or your pistol;" I tried to .pacify them by fair Words and fair moans, and then they allowed themselves to be put in irons; they afterwards jumped on Kaunsee; they said thoy would kill him; as it was all his fault; I did not hear any more 'said. By the. Court :— McTaggerty was intoxicated Gale' slightly so;. The rest were. all more or. less, intoxicated ,• Pfleger ''aiid Kaiisee were drunk and did not know what they were, .doing.,Examination resumed.: — I produce certificate of registry, which I obtained in, London, and the ship's articles.

(After a long discussion on the registry, the certificate was allowed by the Court to be evidence of the John Bunyan being a British ship.) By the CqußT :— The John Bunyan is about 11 er 12 years old; I have been master since she sailed from Aberdeen, in September last ; I cleared at the London Custom House ; I sailed under British colours. * ,

Examination resumed :— I keep an Official Log, the transactions of the 19th January and Ist Feb. I entered therein.

Cross examined by Mr. Izard :— On the Ist of Febraary, tlie position of the ship was such that we were not in sight of land. On 19th January, I received information that one of the crew was drank ; I ordered one of the . Officers to <go down into the fore peak and make the bulk head seoure ; I cannot say of own knowledge . whether thiswas done. Oh Ist February, when I received the first information, wheti'Jcanteupi saw Kauhsee, Mo Donald and HeydQh; ; neither of the prisoners accompanied me to the . forecastle hatch, when I looked down I saw McTaggerty sitting on a chest with the cook's axe in his. hand ; I said '*« put up that ladder;" I spoke to them collectively not to any one in particular; some one answered " if you want it put up, come down, and put it up yourself;" I know McTaggerty's voice ; I could hot swear positively that it was McTaggerty that made the answer, but I believe it was. him (depositions taken at the Resident Magistrates' Court put in and shown to witness), that is my signature. ■■■■■ _ (Bingham Arthur Ferard :— -The Resident Magistrate, proved the deposition whioh had been

"'' •' "'' - -*■" ■'- *•"' ■' -'■ '" -,' *"* ' " .rV.iTTr*^ =i r ; i put in to be those taken by him, read'by(Br;to,;wit|v ncsa in presence of the prisoner and signed^ byf him.) 7 . .•"■'.&■;-'•■..; Cross-examination resumed :— The, words in the ; deposition, that it was McTaggerty that made the ats.ver, were not given by. me intentionally; I never meant to swear that it wasMcTaggeriy that/ irale the answer. 7 .-.. •••; /,. ■■•'■

By the Court : — McTaggerty was sitting in a threatening altitude thus (represented); . .- :• , Cross-examination resumed :.—i say it was a threatening attitu 10, on account of ;the position he, 1 was in; I did notsee Galenor hear himjat that >time; I could see that portion of the; forecastle immediately undsr the hatch, I heard nothing ; more than what I have stated — nothing mutinous beyond that. Kaunsee was .drunk when I saw hina upon going aft; I don't know whether . Vl cfaggerfcy and McDonald were sparring jocosely or not; Rle Donald and G ale < cartie aft smoking their pipes. Thej'. had no arms that I saw ; 1 don't know whether they had their knives. , 77,

By the Court : — I never saw them, come aft in the same manner before; they wereinfoxicated.

Cross-examination resumed ;— I asked McDonald what the row was about, he said " I don't know, wev'e commenced the game and intend carrying it out." Gale could hear this;'McTaggerty ould not; I told the Officers to ; secure McDonald; Gale jumped down off the poop;, Mc; Donald waa then the only man on. the poop.(besicUSs7 the man at the wheel); Gale did not 7 assist v M<J'7v Donald; he took no part. in the resistance .McDofl^-r aldjorTered to the Officers ; , Mc I'aggerty.was on; the • maindeckatthattirne; McDonald hiit me on theleft 7 arm; I had the pistol, hi, my, right .handj when 7 McDonald fell, Gaje and >vj cTaggerty were rushing up; McTaggerty was not on the poop before: Mc Donald fell ; I am' quite positive of that; McTaggerty and Gale went quietly into irons, after! had 7. reasoned with them and promised to look alter, wounded man:'. I' should say .McTaggerty . was* 7 intoxicated nnd Gale slightly ; by intoxicated. I- ! mean that he knew what he was saying and doing fe:f Gale was more sober; all the rest' were muob r thV ' same, Kauise? and PfL'ger.wereJdrunk; I thought • it was the intention of .McDonald and .Gale, to, seize the ship. . j, ,-';•.« 7 By tub Court : — When the ment went quietly- • into irons McDonald was.not dead; 1 1 don't know whether he was bleeding. . -' •■> Rc-3xam'ncd : — I was abreast the companion .on the sta board side when I first spoke to McDonald; .'- I weni further forward when I stepped in between the Officers and McDonald ; McDonald was stand- r ing about three feet from the steps; he was \ in -' front of the poop ; it was immediately after7#ie shot was fired that McTaggerty. and Gale came 7 rushing up the steps. ',■•-•- ■ „-*"."'" Charles Moore Igglesden examined: — lam, an Architect and Burveyor; I am Draughtsman in the Provincial Survey Office ; I took a draught and plan from actual measurements of the deck of .the John Bunyan; that is tho plan . (produced); I took the measurements" on 26th February, and finding I was some short I took the remainder on 28th. Caitain Allan, examined by the Court :— ThaV. is not the position of the boats as they were on on the 26th February. .... : 7 By the Court to witness :— How is thatMr, Igglesden? Captain Allan states that the boaja were not in that position on the 26th February. Witnbss : — The pinnace was ; the Captain's gig was not where it is represented inttie plan. . . 7 By the Court : — Then that is no plan v Witness : — I could not order Captain Allau-r \ The Court :— Mr. Igglesden, please hot tb argue, with the vourt. t ,•' " • ■■" 4 \f ..... Witness :-— The plan is correct. /. '.. . ■■"[> The Court : — Mr. Igglesden, I shall have' to order you into custody if you persist in arguing with the Court. \1- ■{ . .;• The Witness was proceeding to assert the correctness of the plan when the Court ordered hia I removal into custody. -..,•. < ,■..,<•<--"-*•»• r w Witness: — Thank you; I am no lawyer b^t:.. will uphold the correctness of the ; plan. (JWitnesV ' was reraoyed in custody ofthe Sheriff.] . A-y '„ - The Coubt : — Though I cannot; allow the plan : to be put in as correct, yet, as' Captain, Allan states ■'. that the boats were in the position indicated; on ; the Ist February, I have no objection to the" wit^7 ness being recalled and examined, as to /any. of the relative distances which appear to hayebeeii drawn to scale ; witness was accordingly recalled and re-examined.

_ Witness: — The distance from the starboard, side of the ladder to the companion is 22 feet 6. inches. - • „ Cross-examined — The height of the house on deck from the main deck is 6 feet; from the poop,; 3 feet 8 inches. . t -t John Hollidav examined:— l am Harbour Master of the Port of Wellington; I made. the . model (produced) of the fore-part of the ship John Bunyan, which accurately rep/esents the relative positions of the different parts. Captain Allan attested tbe accuracy of the. model. „'.:' The Court here adjourned for half-an-hour.. ;. • On re-assembling, Captain Allan stated that the! plan ofthe deck ofthe John Bunyan, was^. correct' as to the relative positions of the artioles on deck ' on the Ist February. Thomas B arnett examined :— I am Chief Mate > of the ship John- Bunyan, - and was so on. the. voyage out from London to this port; on the; 19th: January I found that ,the bulk-head in the fore- * peak had been broken up.; I made a search and found a vacant space sufficient for eight, ov nine /: casks to be stowed in; I saw the cargo stowed at"* London. ;, . , Br the Court;— The cargo could, not havo't shifted to that degree! . n - Examination resumed :^-rI observed nothing •. particular in the conduct of the crew between the ; I9th January and the Ist Ifebruaiycj.l did not see •* anything particular in the conduct of either of:the 7 prisoners at the bar during that period; on the^9th. : January, a little before' One o'clock in the afteri noon, 1 received some information, and inicohse-;' , quence of this information I weps on deck ; , I ( went r h, forward to the forecastle hatch;! saw MbTajggerfcy; „i I in the forecasfle^hewMsittmgohachMtmth^X cook's axe in his handon a threatening attituftev. thus, [attitude desorrbed]^ I-'hearjd McTaggert^ -v say the first that came a^own.htf wuJt|.out^t_)K»y^i legs.' of; .the- ladds* Va^'not- I^^ Capt. was standing" by in%^ I that ladder ;" some 6ne belb^ replied^VKyou^^tMit up come down and pji't'it iip youreett" jThetodi?^! M'Donald say that i the fiist that . catne dbwnh**, wOidd cut their bloody^ heart.but. . ] •;;! ./s&*■ Br the Cour_ :— That ;waa,:from the oppoato':^ part of tlie forecastle toH^^^here, i MoTaggerly< i ii' was sitting. '' , ' './ t ,f - -. y [■■■'■ ■'.A-y&R-Examination resumed :~t spw .MqTaggerfy riot; y across the forecastle and heap^ a chest 'Smasb,ed;:; the only meu on deck tjiat l^mew of $t lhf#jtMv r;i were Haydon, who was at the.v Wheel, and. Qa^^^bp^ who was in irons ; M'Donald. was c^ledaflfby : -'mapt second' mate ; McTaggerty and Qale [■_ caine^ift !^ when we were trying, to put M< Donald in irohsjvt^J tried to put Gale in iroiMjbuthegqtaT^ me ; this was before. M'Donald was t^ob'.fy./y.'yf'iM By the Court:— l can't say thatv.G4^rwa4;ii drunk but he was under the influence; of drink ; > _« ->* tried to put him in irpn^.ior. brbachJtog^bMg^;>l<»a did not tell him \vhat it was /or ;,no' ope else him, that I heard .' - i.y'f-.f.''';y'fy^in ! t''' , i^i Examination resumed Crrliried^ in irons ; he broke away mate and tried to "get torwafd:; Captain 'AHaiiSa stepped in between i'^M^t^d^juVa^-'.^^^ tain presentedhis iWß^ta^t^ him that if he,offered[a_y r^taince ha jyp^ds^J? • Bt the Court :^McTaggei# and \^^^^ both of them, in a 5 position^.bbwitb'see;p4"K|^P' the Captain' warn' M'DrjSidd r aM.wh^ did ' •''•■ ' ■'' : '- j -'-- i^yy--x^yy^^y^yM Examination resnmed^lV;hi^^_i^;^t6^M<^ Taggerty ahd'^alSj fMffwsrel ;«ii)gff^|i® Captain presented tbe'plsW , said he would* >'ft quietly ; McTaggerty/'saia^doSol^lWall^g damn for you oryourpktq^ei^

before that the Captain asked M Donald what the c row wasabout ; M'Donald said hedid not know, they 1 ■'■ had begun the game and intended carrying it out ; l when M'Donald broke away he cried out foi the crew to lay aft; Gale waived his hand and said 1 something but I did not hear what it was; Mc j Taggerty only said what I have already stated ; j ] we put the prisoners at the bar in irons after the 1 Captain had reasoned with them some time after 1 McTaggerty said to the Captain, " you liave shot ; that man but you have done your duty." < Cross-Examined by Mr Izard— On the 19th January I found that the bulk- head in the forepeak bad been broken open ; I reported it to the captain ; he gave me orders to take the carpenter and have it secured ; when I went to the forecastle hatch I looked down ; I only saw M'Taggerty ; I heard M-Taggerty say "fhe first man that comes down I will cut hia legs off; I heard McDonald say, " the first man that comes down I will cut his God d — d heart out ;" I could not say who it was that made answer to the captain when he ordered tho ladder to be put up ; I called to them myself and told them to put the ladder up, and received a similar answer ; when M'Taggerty run across tlie hatch I heard a noise as of bottles breaking; the second mate first summoned MDonald aft; the second mate and myself went for him ; Gale came aft along with McDonald ; I saw M'Taggerty coming aft on the same (starboard) side of the ship as we were ; I tried to put Gale in irons, I had hold of his hand but he forcibly withdrew his hand : Gale was not told by me why he was to be put in irons, as far as I know no onefold him what it was for; I saw M'Donald strike the Captain, but as I had my eye on M'Taggerty and Gale I could not say on which arm the Captain was struck;' I could uot swear which arm it was ; when M'Donald and the prisoners were aft, I did not see that they had any weapon; I helped to put the prisoners in irons; 'M-Taggerty submitted to be put in irons quietly. • Alexander Davidson examined — I am second mate of the ship John Bunyan, now in harbour : on the 19th January I received some orders from the captain about the cargo ; about half-past eleven in the forenoon he told me to call all hands aft ; I did so ; the prisoners at the bar formed part of tho crew that came aft ; something else occurred on the Ist February; on that day Kaunsee was drunk, and was ordered to be put in irons ; I was told to get his chest up on deck, and to search his bunk ; I did so ; I saw both of the prisoners at the bar below in tho forecastle; M' Taggerty was there when I went down, and I called Gale down : and he came ,* I found two bottles of beer under Kaunsee's bedding ; Ido not know whether the prisoners saw me find the beer; I heard M'Tag- > gerty say " It's all up ;" I did not at that time hear M'Taggerty say anything else; I saw Gale ' after that; when I went up by the top of the hatch ; I told him not to go below ; it was Gale's ' watch on deck ; I had the command of the watch; • Kaunsee, McDonald, Haydon, Gaskin, and one of the boys were also in my watch ; I believe that the wheel was being relieved at that time ; McDonald came forward when relieved from the wheel to the forecastle hatch ; I told him not to go below, he said " I'll be d— d if I dont go below, and its no God d — d use your trying to stop me ;" he used violence shoving me from the hatch ; he went down and immediately after he hauled the ladder away. By the Court — McTaggerty was below and could hear what MOonaid said. Examination Resumed. — When M'Donald hauled the ladder away he said " The first God d— -— d son of a b h that comes down, I'H'cut his bloody heart out;" I saw M'Taggerty standing with an axe in his hand so, (position described) -and looking up;at the hatch I saw McDonald at that time in the forecastle. 1 By the Court. —There was no use for the axe in the forecastle, in the business of the ship. Examination resumed. — I saw McDonald with two bottleg, one in each hand ; they were labelled like beer bottles ; I was at the hatch, I should say, about a quarter of an hour; the captain came to the hatch while I was there ; Gale had then gone below ; I heard the captain tell them to put the ladder up; I heard M'Taggerty say "If you wantit up comedown and mmt it up youself;" whilst at the hatch ; whilst I was at the hatch the men that were below were not quiet ; I heard glass being broken and things being knocked abotit; I also heard voices, but I could not distinguish whose they were ; I then went aft; the captain gave me some directions ; I saw Gale and M'Taggerty forward, abaft the windlass ; I gave no orders tb either of them ; I called _IcDonald aft ; I called him three different times ; he could hear me, for each time that I, called he turned and looked at me ; he was spacing with M'Taggerfy; when I called McDonald for the third time he said " hallo" I went as far as the fore-rigging to fetch him ; I told him the captain wanted, him; he said " Let us go and see what he want- ;' Gale and M'Taggerty followed me aft ; we went on to the poop ; the captain was standing between the companion and the mizen mast at the time ; McDonald came up to him and the captain asked him what all the row was about ; McDonald said "I_o'ntknow: we have commenced the game and we mean to follow it out ;" McDonald turned to go off the poop; the [captain told the mate and me to put hira in irons;" we got hold of him but he shook himself adrift from us, and waving his hand over bis head in a gesture of beckoning cried out " come aft here," Gale and McTaggerty were on the main deck ; Gale cried out "Come aft here, boys, come aft," and turning towards the captain, said to him " I'll be d dif you put my shipmate in irons;" I saw the captain haul out a pistoi; he said " The first man that makes resistance * I 'will fire ;" I saw McDonald aim a blow at the captain, I heard the report of the pistol and saw the man fall; M-Taggerty and Gale were on the main deck when thecaptain threatened McDonald; afterwards they were rushing on to the poop when the- captain presented his revolver at M'Taggerty and said " Tlie first man that advances I will fire ;" I heard the captain say " you go quietly in irons and I'll 1 look after the wounded man ;" Gale and M'Taggerty were then put in irons; after Gale and- McTaggerty were put in irons I 6aw them kick and jump upon Kaunsee ; I heard Gale cay "you Dutch son of a b h this is all your fault;" when the captain presented his pistol at M'Taggerty; M'Taggerty said "fire and be d-i-r— dtpyou; Ido'ntcaread— — n for you or your pistol either." : " Cross Examined by Mr. Izard. — I think the sp&rring between M'Taggerty ancl McDonald was in r earnest ; prisoners did not resist while being piit in irons. ■ {Edmund Cullen, Examined— l am third mate of the ship John Bunyan; I came as such in her •this voyage ; I remember the Ist February Iv. ent to 'the forecastle about two o'clock in the afternoon of that day ; the men were all riotous; I heard McDonald say with an oath that any one that came down, he would cut their heart out ; I saw McDonald unship the ladder. I heard th© captain tell them to put up the ladder; M'Taggerty said " If you want it up put it up' yourself." McDonald was called aft by the second mate; Gale and McDonald went aft, and M'Taggerty followed a little after; the captain asked McDonald what the row was about :"" I don't know"hesaid " we've begun the game and intend to carry it out ;" the first and second mates tried to put McDonald in irons;but he got away ; the captain presented his pis\)l and told him that if he offered any resist-ance-he would fire ; McDonald struck the captain onthe left arm and the pistol went off; M'Taggerty and Gale were rushing up the steps ; the captain presented his pistol and threatened to fire; MoTaggerty'said " Fire and be d dto you, I do'nt care a d— — n for. you or your pistol either. This witness, was not cross-examined. John Elder examined:— -I am a carpenter on board the : John Bunyan, and sailed with her this voyage frbrii London to Wellington. Onthe 19th January, I received orders to examine the forepeak; I did so ; and found that the bulk-head was Itartedon both (port arid starboard) sides; the 4hief mate and myself then went through the

opening on the port side and found vacant space sufficient for eight o.- nine casks ; we repaired the bulk-head and made' it as strong as the other part. Br tue Coukt :— Wo put a batten across both sides. Examination Resumed :— I examined the bulkhead on the Ist February, and found that it had been broken up again, and the batten we had put up on the 19th January hanging half off; I saw M'Taggerty in the forecastle a little after two o^clock, in the afternoon of that day ; he was sitting 0:1 a chest on the port side, with an axe in his hand; I saw Gale 'standing at the scuttlehatch, before he jumped down ; I heard the second mate tell him not to go down ; about four or five minutes after that he wont down; I saw Mc Donald go down ; the second mate told him not to go down; McDonald said "he would go down and it was no God d— cl use trying to stop him ;" I heard M'Donald when he was below say " the first man that comes down I will cut liis God d d heart out;" I saw M'Donald going to the poop ; I saw Gale following ; I spoke to Gale and gave him advice ; I said to him " Dick you had better have nothing to do with this;" he said, " you can go to hell and all the rest of them with you;" he went to the break ofthe poop; I went aft ; M'Donald seemed to be talking to the Captain; the captain gave orders to the first and second mate's to put M'Donald in irons ; McDonald broke away from them and was coming forward as if to leave tlie pooop. The captain stepped in between the officers and him with hia pistol in his hand and said, " The first one that offers resistance I will fire ;" I heard Gale say he would be Godd ■I if they should put his ship mate in irons; lie said this to M'Taggerty; M'Taggerty could have heard him ; when M'Taggerty came rushing up the poop tlie captain presented his pistol at M'Taggerty and threatened to fire if he advance.!; M'Taggerty said, "fire and bed d I don't care a God d —11 for you or your pistol." Cross-examined by Mr. Izard :— The captain and first mate were standing by the hatchway when I was there; I heard M-Donald say « the first man that come 3 down I will cut his heart out." By tue Court:— l heard M'Taggerty say to the captain after he was put in irons, " Captain you have done your duty but itis a pity the man ia shot." Herman S. Hammbrson, a sailor on board the John Bunyan was examined; but, being a foreigner aud not able to express himself very well in English, nothing additional was elicited and his evidence was dispensed with. This closed the case for the prosecution and the court adjourned for a quarter of an hour. On reassembling Mr. Izard addressed the jury at considerable length for the defence. His Honor then carefully summed up, pointedly reviewing the evidence, and reading over to the juiy, the principal parts of it, and directing them that if they found a verdict of guilty against either prisoner on either count, they should bring it in as " on the high seas." The Jury having deliberated for upwards of half-an-hour, returned a verdict of " Guilty of making a revolt on the high seas." against each of the prisoners. Mr. Izard moved in arrest of judgment that the Indictment was bad but the court over-ruled the objection. His Honor then passed sentence in words to the following effect :— Prisoners at the Bar, you have been found guilty after a most patient and careful investigation of the grave charge of Piracy, You have enjoyed the benefit of Counsel who has urged every point in your favor, to the best of his ability. 1 feel bound to say that I fully concur in the finding of the Jury. You have pleaded guilty to a larceny by which you possessed yourselves of beer which seems quite to have unsettled your minds. The conduct of your comrade who has gone to his account, throughout that day was that of a person whose mind was quite unsettled. Your own conduct too was such that had it not been for the promptness, determination ' and prudence displayed by the Captain, there is no telling to what length it might have arrived. It is a fortunate thing for you, for the owners of lhe vessel, and for the passengers, that the Captain acted in the very manly way in which he did. You McTaggerty said that the Captain had done his duty, but it was a pity the man was shot, and no doubt the Captain feels it to be so even now. There^ is no doubt that had you resisted, and the Captain had found it necessary to shoot you also, he would have been justified in doing so. It is a very fortunate thing for you that you are not answering for the capital charge of murder, and it is most fortunate that there is no evidence of express concert. I shall not treat the case as one of a revolt by which it was determined to endanger the live 3of the officers or of tho passengers, and I hope that the sentence I am about to pass will not prove too light for the ends of justice— that it will not prove too light to deter you from again committing such a crime or to deter others. Taking the most lenient view, I shall sentence each of you to be imprisoned and kept to hard labor for the period of eighteen calendar months ; „nd for the larceny to whioh you have pleaded guilty, a further period of six calendar months to commence from the completion of the former sentence. Captain Allen then surrendered to his bail. His Honor in discharging him said : — Captain Allan, the Grand Jury having ignored the bill against you, it is my duty to discharge you, and I do so with very great pleasure. (Applause which was immediately repressed). I think that the owners of your ship, as well as your passengers have every reason to be grateful for the manner in which you have acted. Cartain Allan was then discharged. The Criminal business being brought to a close, the Court adjourned until Friday, the Bth instant, when it will meet for the despatch of Civil business.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/WI18610305.2.7

Bibliographic details

The Grand Jury having returned a true bill. ASSAULT., Wellington Independent, Volume XVI, Issue 1502, 5 March 1861

Word Count
6,198

The Grand Jury having returned a true bill. ASSAULT. Wellington Independent, Volume XVI, Issue 1502, 5 March 1861

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