RESIDENT MAGISTRATES' COURT.

Wellington Independent, Volume XX, Issue 2217, 10 June 1865, Page 3

RESIDENT MAGISTRATES' COURT.

Thursday, June 8. (Before C. D. R. Ward, Esq., R.M.) i ASSAULT ON IIOAItn TIIE CHAPMAN. j G. Rushbrook, A. Lawson, and 11. Gatacre, j three seamen, were charged with unlawfully | assaulting the second officer ofthe ship Chapman, on fhe Ist inst. Alfred Hugh William Brown, on oath, deposed .- lam fhe second male of the ship Chapman. The prisoners are seamen on board that vessel. About 5 o'clock in the morning of the Ist inst I called out for one of the boys, who did not come. I then went forward to soo who was on the look-out and found no one at the post. Gataero came out of the forecastle. It was his look-out. I asked him why he was below, to which he replied, "I was getting a chew of tobacco." I said he was a long lime about it. He then began to give mo check. He said, "It would be a d cl strange thing if he could hear me." I threatened lo knock him down, but before I could get a chance to do it t was sent flying by the prisoner (Rushbrook), who struck mo. Before 1 knew where I was there were half-a-dozen of the crew on the top of me. I saw the prisoner (Lawson). When I got up I reported the whole circumstance to the captain. Cross-examined by Gatacre : You did not tell me you were making coffee. I did not strike you when you first came out of the forecastle. I did threaten to knock your brains out a few days' before, and would have done so had it not been for my hand, when you asked me " Why tho h 1 I did'nt keep the ship off to let you haul the jib down." You struck me when I was down. Remanded till 11 o'clock on the 9th inst for the carpenter's evidence. EMBEZZLEMENT. Williams, Lawson, Mullins, Parkinson, Rushbrook, Gatacre, and Morgan were charged, by Captain Featherstonhaugh, with cxbezzling a portion of the cargo of the ship Chapman. Ere the commencement of this enquiry, W. Hickson, Esq., J.P., took his scat on the Bench. Geo. Robert Stable on oath, deposed : lam tho chief officer of the ship Chapman. The prisoners were seamen on board that ship. On the Ist of June it was my middle watch. About half-past 12 in the night tho man Parkinson was at tho wheel. I discovered he was steering very wild. He complained that he could not see the compass, then I discovered that he was drunk. Shortly after that I was trimming sail, the man Morgan began to make a great noise, and was inclined to be impertinent to me. Shortly after that again I was making sail, I found that I was shorthanded, Morgan and Parkinson not being present as they ought to have been. I sent Lawson into tho forecastle to tell them that I wanted them on the forecastle. Lawson went in and reported to mo that he could not find them, as they were not in their bunks. I sent a youngster to get me a light, and with him I went down to see. I found Morgan and Parkinson lying dead drunk in their bunks. I then reported it to tho captain and told him that I suspected the cargo had been broached. Ho desired me to tako a boy and a dark lantern and go into the fore peak. I did so, and found that an entrance had been made into the cargo by dragging away somo bags of coke. The fore peak is immediately under the top gallant forecastle whero tho men live. I found several eases broken open and tho contents strewed about. There were both casks aud cases opened. The men could havo got no other liquor. No grog was served out to them. Cross-examined by Rushbrook : The eases I fouud open contained hair-oil, lobsters, boots, calves foot jelly, and candles, also a largo space from whoro cases had been removed ; much sawdust, fragments of cases, and other signs strewn all over tho place. Examination continued : I could not swear what the missing cases contained. The next day I only had two of the men and two boys to do all the work of tho ship, as the remainder of tho crew were lying drunk in the forecastle. ' Parkinson, Morgan, and Lawson were not at their duty. I did not examine their bunks to sec if there was any liquor concealed there. The crow were drunk on the Ist, 2nd, and for the greater part of the 3rd of the month. Towards tho evening of tho lattor day they began one by one to show themselves, and set to work. I had often seen a brilliant display of candleß in the forecastle, and wondered where they came from, Nono wore ever eorvod out to the .crew.

Alfred Hugh Wrn. Brown, on oath, deposed : I am second officer of the Chapman. I found that, all ray watch were drunk on the Ist June. Mullius, Rushbrook, and Gataero were in my . watch. They did not turn to in the morning watch. I have seen the candles burning in the forecastle on several occasions. They were not , those that the mon allege they brought with them, which were dips, while those they were burning were moulds or composite. I have often noticed beer bottles lying about the decks with labels on , them, diffei ent from those we had in store. On ! the Ist inst, when I had to get, up the chain, the '. prisoners were all totally incapable from drink, ' and had it not been for the assistance of Mr Bannatyne I could not have worked. I have been down the fore peak. A I'exv days before we arrived iv port I had to go down for the purpose ol getting some oil for the cabin, we having been short. We cleared away and replaced the bags of coke ere I left tho hold. When I was in the hold . I noticed a rack of empty bottles. I, myself, had j stowed both beer and spirits in the forehold ; cages of candles were there also, moulds, such as I had seen burning in the forecastle. As far as I recollect it was about the 20th May when I got tho oil out of the hold. I did not report to the captain that I had seen candles in the forecastle. Remanded until the 9th inst. j Fbidat, June 9. (Before C. D. R. Ward, Esq., R.M., and W. Hickson, Esq., J.P.) DETJNKENNESS. Constable Dennis Ryan charged J. Callaghan with the above offence. Fined ss, or, in default, to be committed for 48 hom*s. Alexander McKay was brought up by Constable Nathaniel Dalling, for being drunk and disorderly. Pined 10s, or, in default, to be committed for 48 hours. The same constable also charged Michael Scanlon with being drunk and disorderly. Fined 10s, or, in defaidt, to be committed for 48 hours. Robert Sergeant was brought up by Corporal ELinsella, for a similar offence. Fined ss. TOWN BOARD RATES. William Bannister r J Josiah Minifie — Rates, 15s. Judgment for plaintiff for amount and costs . The same v F. G. Johns— Rates, 12s8"fd. Judgment by consent. The same v William Tonks, sen — Rates, £5 13s llJjd. Judgment for plaintiff for amount and. costs. The same v John Gtascoigne — Rates, *7s 3 id. Amount and costs paid into Court. Tho same v Daniel Rivers — Rates, 16s Bd. Amount and costs paid into Court. STEALING- A PIECE OF MEAT. Mr Richard Eager charged a man, named P. Flynn, with being drunk and stealing a piece of mutton from off a block in Mr Charles Luxford' s, in Manners- street. Tho value ol the piece of meat stolen was about ls 6d. The prisoner in defence pleaded intoxication, and urged that he was not conscious when he took the meat. The Magistrate replied that the law had strictly laid down that drunkenness was no excuse for crime, and that he should, therefore, commit him to gaol for the term of one month with hard labor. Tho prisoner was removed amid repeated asservations of hia neA r er having stolen anything in his life. Mr Mill ward, in reply to the Bench, stated that tho man -was a perfect stranger in the town. THE OJIEW OF THE SHIP CHAPMAN. James Midline, E. Morgan, Richard Williams, Thomas Parkinson, John Rushbrook, Henry Gartaere, aud Andrew Lawson, seamen of the ship Chapman, were again placed in the dock, and further enquiry into the charges of mutiny and embezzlement took place. THE ASSAULT ON TIIE SECOND MATE. James Way, on oath, states : lam tho carpenter /of the Chapman. Shortly after •!< a.m. on the Ist inst 1 heard the second mate call for one of tlie boys. I was in my berth and the mate was standing on the poop. I heard the officer call out two or three times without receiving a reply. 1 oponed fhe door of my berth to call the boy, and then heard fhe officer ask who was on the look-out. The prisoner Gatacre said, " I am," and added " that he had gone down to get a chow of tobacco." The olliccr told him to keep a sharp look-out. The prisoner Gataero replied, " That he did." The officer advised him to be civil or he would knock him down, and the prisoner asked liirn to do it. I then heard the forecastle door open, and saw Rushbrook come out. I was going back to my berth when I heard Rushbrook call out " help." I returned aud saw Gatacre standing iv front of the forecastle door, and heard him say "come on" to the mate. I then went to my berth and saw no more. Cross-examined by Rushbrook : I did never tell , you that I saw Mr Brown strike you first. THE EMBEZZLEMENT OP CARGO. James Way, the carpenter of the ship, again sworn : I know nothing ofthe cargo being broached. I told the second mate that I suspocted some cases had been opened. I had never been down to see. I never saw an}* of the prisoners drinking in or about tlio forecastle. Thomas Morgan, on oath, stated : I was a pas- j senger on board the Chapman and acting steward. , On the 3rd inst Lawson met me in the galley. ' He had a bottle of beer and wanted me to drink. ' He asked me to do so several times. I refused. ' He then asked me to put the pannikin ho had I with him on tho shelf. I did so. Tho brand on the bottle was " Fountain Brewery." We had nouo of that brand in store. I have often seen bottles lying about the forecastle with the same brand on them. Lawson was drunk when he offered mo the beer, but not j3O drttuk as I have seen him on previous occasions. Captain Featherstonhaugh withdrew tho charge of embezzlement against all the prisoners but Williams, und substituted another, for " combining to disobey lawful commands." The prisoners had nothing to say in defence, and the Bench sentenced them as follows : — Williams, to be committed to gaol for 12 weeks ; Lawson, for 21> weeks ; E. Morgan, for IG weeks ; George Rushbrook and Henry Gatacre, for 12 weeks ; James Mullins and Thomas Parkinson, for 8 weeks ; all with hard labor. DISPUTED CLAIMS. There were three cases of disputed claims which we are unable to publish owing to pressure of news.