RESIDENT MAGISTRATE'S COURT.

Wellington Independent, Volume XXIX, Issue 4052, 13 March 1874, Page 3

RESIDENT MAGISTRATE'S COURT.

Thitbsday, 12th Mabch. (Before J. C. Crawford, K.M., His Worship the Mayor, Captain Sharp, J. It. Wallace, J.P., W. Hutchison, J.P., and S. Carkeek, J.P.) THE MONGOL CASE. Bbeach ov the Passenger Act, 1855. John Flamank, captain of the Mongol, was charged with having, between the 23rd December and tha ; 3rd February, committed a broach of the provisions of the Passenger Act, 1855, by neglecting to supply the passengers with the stipulated quantity of water during the voyage from England. Mr Travera, for Captain Flatnank, denied the truth of the allegation ; Mr Izard appeared to support the charge. Mr Izard opened the case by informing the Bench that the charge was laid in accordance with section 65 of the Passengera Act, 1855, which stated that there should be supplied to each passenger three quarts of water daily. A further provision in regard to the aupply of water was contained in the 35th section, which set forth that in addition to the three quarts to be supplied to each passenger, & sufficient quantity of water should be furnished by the ship for cooking purposes. The ground upon which the charge was founded was that, the defendant did not comply with these provisions, and he would call two officers of the ship, whose duly it was to serve out tho water, to prove that at no time during the voyage was the statutory quantity of water supplied to the passengers individually, or to the captains of the messes. He would also call a passenger named Collen, who would prove the quantity supplied to be far short of what the passengers were entitled to receive. To establish the validity of thd proceedings he would first call Huntly J. Eliott, Emigration .Agent, appointed under the Passenger Ad, 1855, who stated that the proceedings had been tuken at his instance. Did not hnow the exact number of adult passengers on board the vessel, as he never had a list. There were over 300. Edward Bobbins, fourth officer of the Mongol, stated : The number of immigrants on board was about 245, but I cannot say for certain. On the 18th January I was placed in charge of the water, and was instructed by the captain to be as careful as possible of the water — that he did not wish to condense, and thut if the condenser was used I should have to pay for tho fuel. I" served out three pints for drinking and three pints for cooking. I served out that quantity" until tho 21sfc January, when the captain called me into his cabin and told mo Iho expenditure was too much. He told me I must make a 400 gallon tank last; two days. I told him that was impossible ; that the people were already complaining of the short supply. He said, "Never mind that; obey my

orders." He Baid I was to take fifty gallons from the immigrants' coot, twenty from the ship's cook, and to give the immigrants baroly their allowance so as to make the water last. We were in oold weather at the time. I told him that the people had complained already, and that they would complain more still. He said "Nevermind: if they will stand that, cut them off more next day." I then gave the quantity the captain told me, which was barely three pints irrespective of the cooking allowanoe. The next morning the passengers eaid I was robbing them of their water, and I referred them to the captain, telling them that I was aoting under his instructions. On the morning of the lOtli February there were from 20 to 30 gallons of rusty water at the bottom of the tank. That was all the water there waa for the use of the ship. I tried the pumps, but they would not fetch. I called the carpenter to help me, and then went down with a seaman and buled the water up in buckets. The condenser waß then Btarted. I first spoke to the captain about starting the condenser on the 6th February, as the water was running short, but it was not started. The condenser was not started because the captain had instructed the man who works the condenser to paint the winobee. The condenser was started on the 10th by the captain's orders. I had previously told him that unless he started to work the condenser there would be no water in the morning. The passengers were divided into thirty-two messes. Peter Collen was captain of one of the mesees. I served out to him on the 10th between ten and eleven quarts for his mess. During portion of the voyage the passengers got I heir full allowance. The water was generally of good quality. Cross-examined by Mr Travers : I served out to the cook water for all their meals independent of the water supplied to them for drinking. I commenced about the 24th to keep an account of the water supplied to each class of passengers. The account produced is correct, except that the entry for the 10th was made on the llth. Half of the water was given to them on the 10th, and the quantity was made up next day. I asked the captain the other day to raise my wages, and he said 1 had better wait and see Mr Hall. He did not tell me then that I was useless, and not worth a rise. He said bo behind my back, but be never said so to mj face. I did not cay that I wanted my discharge here, though I am not particular whether I get it or not. The quantity served out to the passengers was 184- gallons. That is the statutable quantity. Hospital and other allowances made up the quantity supplied daily to 209 gallons. I first gave information of the shortness of the water supply when the Commission was sitting. Re-examined by Mr Izard : Half the quan- | tity down in the account was not supplied till next day, the llth, though it was entered for convenience as having been supplied on the lOtb. There was no water served out for cooking beyond that entered in the account. The water entered for the butcher was for the stock, but the immigrants saw little of that. I suppose the stock were brought on board for the use of the cabin passengers. Peter Collen : I was the captain of a mesa on board the Mongol, and drew the water for that me6s during the whole voyage except during a few days. We had seven and a half statute adults in my mess. The water we received daily amounted to between eleven and twelve quarts. I complained that it was insufficient, and called the captains of messes together, so that the matter should be properly represented to Captain Mamank. We waited upon him to make our complaint, bub the only answer we oould get was that wo got our full qnantity. I remember one day we got no water till about 12 o'clock noon. We had no breakfast that day. Of course we did not go altogether without food, but we got no break* fast. My family numbered four and a half adults. I generally got two quarts of tea for them twice a day, sometimes more and sometimes a great deal less, according as the water ran. The tea was not measured but I calculated that to be the quantity. When there was "stirabout" in the morning, I only got about a quart of tea, and out of the drinking-water we got in the morning, we had to give water to the cook in exchange for hot water to cook our potatoes. Mr Travers : You appointed a constable, didn't you ; and captains of messes, to look after your provisions ? Witnesß : Shure we had no authority to appoint anybody. There was a man offered to look after our provisions, and we let him ; but, what's that to do with the water? (Laughter.) Mr Travers : Yeß, yes, Mr Collen, I am an Irishman myself, and I know its usual to answer one question by asking another. But didn't the person who offered to look after your provisions receive your water ? Witness: Ho didn't receive the water at all. Mr Travors : Well, didn't you have " burgoo" on board ? Witness: Yes, wo had " burgoo," and queer stuff it was the first time we got it. (Laughter). Mr Trav&rs : Very likely ; they didn't know how to make it, perhaps. Witness : No, maybe they didn't ; but are you satisfied about the man who went for the provisions, because I oan tell you a little more about him if you like ? (Laughter). Mr Travers : Never mind about the man and the provisions ; did you sign a personal complaint when you landed at Dunedin, as to the treatment you had received on board ? Witness : Well, yes, I think I did. Mr Travers : What became of it ? Witness : I don't know. Mr Travera (tartly) : What has become of it. Witness : We gave it to a man named Allan. Mr Travers : Well, what then ? Witness: He gave it to another Allan ; in ' fact, they were all Allans. (Great Laughter.) | Mr Travers : Who is this other Mr Allan ? Witness : He is Allan, the Immigration Agent at Dunedin, and he is here now. Mr Travers .- Then you can'fc say where the complaint is now ? , Witness : I cannot. If I bod prepared the document I would have taken care that it went to Wellington direct. I shouldn't haye bungled it, Mr Travers : Who wns it addressed to ? Witness : I don't know who it was addressed to ? Mr Travers : Then do you usually sign complaints without understanding what they mean or who tbey are addressed to ? Witness: I beg your pardon, sir, it. was not a complaint nt all, It was a suggestion for tho benefit of future immigrant?. Mr Travel's : Now, I ask you, did you make any complaint on board before the voyage was over? Witness : That was the only thing I signed. Mr Travers (warmly) : I ask you the question again, and you will have to answer it as I put it. Did you during the voyage make any written complaint to the captain upon any subject? Witness : No, I did not. That's easy answered. Mr Travers : Did you make any verbal complaint to the captain ? Witness : I did indeed, Bir, and I drew a long breath over it, because it nearly cost me six children. Mr Travers : Go on, then ; tell us about the complaint you made to the captain. Witness: I complained about the leaky ; docks. . Mr Travers : Was that the only complaint you made? Witness : No. I complained on two occasions about the decks. Mr Travers : Were those the only complaints you made ? Witness : No ; I complained on a third occasion about the shortness of water. Mr Travers : Yes ; now where was that ?

Witness :. That was on board th« ship. (Laughter.) Mr Travers : But where -was the ship ? Witness : She was at sea ! (Laughter.) Mr Travera (vehemently) : But where was the ship t Witness : I cannot recollect } I don't knevr.. Mr Travera : You must know well enough, and you must tell us where she was. Witnesß : Do you want that from me P Mr Travers : Yes. Witness : Then, I am afraid I cannot supply you with those particulars. Mr Travers : You know well enough, sir, what I mean, and I'll have no more of your trifling. This is not a place for trifling, and if you're not careful I shall ask the Court to commit you. You must answer my question, and let's have no more of your impertinence. I don't want you to give the latitude. I want you to tell me how long you had beon on the voyage, and you shall stay there till you do. Witness : I beg your pardon, sir. You must speak to me in a milder manner than that if you're going to Bpeak to me at all. Your temper won't put me about. Mr Travers : Answer my question. That's all I want you to do. Witness: I tell you I cannot recolleot the day, nor the time we were away from England. Mr Travel's : Were you across the tropics ? Witness : I cannot tell you 5 and I am on my oath. All I can tell you* is, that I complained three times ; and I recollect that I went up to the captain wilh the other " captains." Mr Travers : Who spoke on the occasion. — Who was spokesman ? Witness : I Bpoke, and Haddori spoke. These are fair questions enough. Mr Travers : What did you say ? Witness:. We said, we. hadn't enough water, and we'd like some more. Mr Traverg : What did you say ? Witness : 'Deed I don't know. (Laughter.) Mr Traverß : Was that more than three days before you arrived in Dunedin ? Witness : It was more than three days. Mr Travers : Much more P Witness : Much more. Mr Travers : On the 10th February, I think you said, you got the same quantity of water as usual P Witness: Who said that? (Great laughter.) Mr Travers : Now, Mr Collen, you said in your evidence that you recollected a day when no water was served out till about noon ? Witness : Yea, I said that. Mr Travers : Well, how long was that before you arrived in Dunedin ? Witness : I cannot tell you. Mr Travers : Was it many days ? Witness : I cannot tell you. You asked me a while ago was it more than three days, and I said it was; and you said "much more," and I said '• much more." Now you want ms to name the date. That I can't do. Mr Travers : You say that you were without your breakfast one day. Now what day was that? Witness: It waa on the voyage between England and New Zealand. (Laughter). Mr Travors : Yes, we know that already ; but how long ago was it ? Witness : I cannot tell you, eir. Maybe it was a month, and maybe it was three weeka. Mr Travers : You see, Mr Collen, this water question waa one that was much impressed upon your mind. Witness : I must correct you, Bir. Why should it make any more impression upon mo than upon others who suffered as much as myaelf ? Mr Travers : Well, you say it was a month or three weeks before you landed P Witness : Oh, I'm sure it was before we landed at all. \ Mr Travels : You say, then, that there were great complaints made to the captain P Witness : I went once to the captain about water, and he said " Don't come near me, don't come near me ;" and why should Igo near euoh a man again ? The recollection of these things will be buried in my memory as long aB I live, and never leave it. I should have lost all my children, but for my own special care of them. Mr Travers: Theie was a surgeon on board ? Witness : There was, sir ; a good man in his way. Mr Travers : Now , did you bring before him any complaints as to the short supply of water ? Witness : I know I made plenty of complaints to him, but I cannot call to mind any instance forbye the water. -. • Mr Travera : Was the complaint you made to the captain brought under the notioe of the surgeon ? Witness :, It was not a complaint proper I made to the captain. It was a request for more water, and I did not get it. I don't know that it was brought under the notice of the surgeon. Mr Travers : Did you make any formal complaint to the Burgeon as to the Bhort supply of water ? Witness : I don't know that I did. I gave the poor man trouble enough with other complaints. Mr Travers : Now, when did you first mention this after your arrival in New Zealand ? Witness : That was not what you were asking about just now. Mr Travers : I am asking when you first complained of being short of water on the 10th February. - Witness : You have mentioned something about the 10th February three timeSi but I never said anything about it. Ml' Travers: I wanted to know when you first spoke of being short of water after your arrival here. I Witness : I told Mr Eliott. [ Mr Travcrs :Mr Eliott says you were short I of water on the 11th February. Witness : Well, that's all right. Mr Trarers : You say then that you were Bhort of water on the 11th February. Witness : That's your statement. I told Mr Eliott that we were short of water all the way from England to New Zealand. Mr Travers : On the day you told Mr Eliott -you didn't fix any particular date. Mr Eliotb*B statement maybe correct for all that. Mr Travers: Mr Eliott fixed on the day then; did he? '• Witness : You can settle that between yourself and him. (Laughter.) I have told you fifty times that I could not mention any particular day, and it appears that you are not able to -get beyond that. Mr Travcrs declined to croas-exainine the witness any further, and resumed his sent. Mr Izard : I understand you to say that you were short of water every day.. l Witness : Every day. Shure I had no call to remember dales then. Mr Izard : You knew you-were short. Witness : Deed I knew it and felt it. Mr Travers, in addressing ttie Bench, drew attention to the fact that the witnesses who could have given .the beet testimony for Captain Flamank were now beyond reach. The doctor of the ship was in quarantine, and the immigrants' cooks wore in Qtago, and of course were not availably j and it- was therefore difficult to rebut the case.for.tlfceiproseoution. The charge was: that oaffapacticular date the captain neglected to canieTtoT-Jbei' served out to the paeeongera the prescribed three quarts .of water ■i-.pep'i. day, . but the Bench had already seen from the expenditure account kept by the third' officer that the water supplied exoeeded 200 gallons a day, whereas the quantity required, assuming the whole of the ; immigrants to havo been on board on that day, would have been only 184 gallons. The number of statute adults on board was, however, unfortunately reduced by death during the voyage, and to that extent the quantity supplied was in excess of what the captain could be compelled to supply. The actual quantity supplied on the 10th" February was 203 gallons, but the Bench would observe that the Act did not say that the three quarts wore to bo given to the passengers. It was immaterial whether it was given to them or to the cook on thoir account.

It would, in fact, give rise to much inconve- ' nienop, unleßß the oaptain had the porter to i j supply the, cook with what water he wanted to prepare the food for the passengers. If it were not so, a refractory passenger could create & great deal of annoyance. It waa proved that the cook had , received a quantity ofwate'r- which made tip the three quarts for 1 each" passenger.. This waa a' matter somewhat affecting the captain of the ship in the position he held, and ho trusted the Court would not, upon such evidence as hud been" adduced, cast a stigma upon a gentloman who had, according to the showing of his own officer, taken the proper steps to supply the passengers with *heir proper allowance of water. He submitted that, tho evidence was quite sufficient to justify the Bench in dismissing the cape. As to the ' statements that sdine of the passengers had to i go without their breakfast, he would call attention to the fact that the Act said nothing about breakfast being supplied at seven o'clock in the morning ; ac long a3 the passengers got their food they could not complain. It. had been shown also that aB soon as the water in the tanks ran short the condenser was set going, and all demands supplied. If the Bench thought it necessary to take evidence he was prepared to supply it. The following evidence waa then taken : — E. W. M'Loughlin, chief steward on board tho Mongol, said that he had many com- , muuioations with the cooks, but had no control over them : They always applied to me for anj thing" they wanted. The immigrants' i cookß three or four times applied to me for water, and I went with them to the captain and got more. Water is often spilt by accident. On all ocoasione except one the captain gave an increased Bupply when applied to. The reaeon for the water being short upon one day was on account of some accident 5 the supply whs, however, made up before the" day was over. There was always plenty of water amongst the crew, and throughout the after part ot the ship. The passengers never expressed dissatisfaction to me, nor did I ever hear any complaints made about the immigrants' cooks. Cross-examined by Mr Izard : As a matter of fact, I know nothing whatever about the water, and do not know what quantity was supplied. By the Bench : Three of the immigrant* were employed in the saloon, and were provisioned there. Mr Izard having addressed the Court, The Bench stated that by the 31sfc section of the Act it was enacted that 10 gallons per 100 passengers were to be allowed for cooking, and in this case the quantity for cooking would amount to 25 gallons. Three quarts per day for each statute adult amounted, for 245 passengers, to 18-1 gallons per day, the two quantities making 209 gallons. It appeared then that there were deaths amounting to ten statute adults, which would reduce that quantity by fifteen gallons, making the water supply required for the ship, 194 gallons. Taking the only definite evidence, which waj supplied by the expenditure book, kept by the third mate, they found that on every day the water issued to all on board w&8 272 gallonß, which included the supply for the crew ; but on the 10th of February, the supply Beemed to have been Bomewhat shorter. The question therefore arose whether or not on that day the supply ran short of the quantity required by the Act. As far as they could make out, the quantity of water to be deducted for the crew left a balance of 194 gallon?, and, as they got 203 gallons, they got more than the ship^ was entitled to give them. The Bench con-" sidered, therefore, that as the water waß either given to the passengers or to the cook for their use, and as no demand was made by the passengers or by the captains of messes that a different arrangement should be made, they did not think they would be justified in convicting the defendant. The charge would therefore be^ dismissed. Mr Izard, after this decision, declined to proceed with a second charge which had been entered for hearing.