RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2994, 23 September 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

Tins Day. (Before A. 0. Strode, Esq,, E.M.) Civil Cases. Dowse v. D, Whytock.—Ls 6s fid, balance of account for goods supplied. Judgment by default for the plaintiff for the amount, with costs. Coventry v. Hatfield.—Lloo. Messrs Barton and Haggit for the plaintiff; Mr Jas. Smith for the defendant. This was an action to recover the amount of damage to a quantity of tin received by the ship Napier, through alleged bad stowage.—G. Coventry, tinsmith, received fifty boxes of tin plate by the Napier, which was all damaged. Messrs Farra and Alexander Porteous surveyed fifty-one boxes at his request and in his presence. The tin, in good condition, would be worth 50s a box, but, in the condition in which the boxes were delivered, they were not worth more than 15s a box. Many of the boxes were broken, and the tin loose.— Joseph Farra, tinsmith, surveyed fifty-one cases, which were damaged. Same of the plates were rusted, and some of the boxes knocked to pieces. He would have hesitated to have given a pound a box for the damaged p 00( l g- —a. Porteous, one of the surveyors, said that the tin was a mass of rust, which appeared to have been caused by being wet with salt water.—George Morrison carted fifteen boxes of tin from the lighter to Mr Coventry’s warehouse. They appeared to have been in water, and had a scum on them, rendering it necessary to scrape them, in order to discover the marks. Thomas Martin, another wharf carter, gave similar evidence. The cases were all damaged, and red-colored water was dripping out of them. —Capt. John Gorn was engaged to go down to the Napier on the 22nd August, to ascertain how the cargo was stowed. On the morning of the 23rd, in company with Capt. Thomson, he went on board. Captain Hatfield, on being informed that he was authorised by the consignees to inspect the manner in which the ship had been stowed, made no objection, and the first officer gave every assistance. The cargo generally was in a damaged condition. There appeared to have been an excessive amount of dead weight between decks. About onefourth of the cargo was discharged. Along the wings on both side? 3 and between the decks there was scarcely any dunpage ; the mainmast was loose in the wedges, and would work about half an inch each way in heavy weather. He observed that water was runding ont of some cases of galvanised iron slpwcd between decks. Railway iron was stowed underneath them. It apgeared to him that the ship had been working. The covering-board was lifted up. To save the guard boards, a spar had been thrust in between the main-rigging on the port side and the ship, which had lifted the board, so that the water could flow in freely. The stern too had been lifted and started. He was of opinion tho dead weight was not properly apportioned, which would have the effect of causing the vessel to labor more in heavy weather than if the stowage had been good. On the 24th the cargo in the lower hold was in course of being discharged. There were bales of drapery without dunnage, and several bales of hops were near the pump-well badly damaged. The cargo in the lower hold formed no support to the ’tween deck cargo, and in consequence seventy or eighty tons was supported by five ’tween deck beams, which in consequence had been working. The bolts and the iron knees were loose, and the beams at the ends were chafed, and had settled down. At 4 o’clock in the afternoon of Monday, Captain Hatfield requested witness to go ashore, as he was not willing he should remain on board acting as a detective officer. He attended on board the lighters to inspect the state of the cargo as delivered to them, but was not allowed to return onboard the Napier, The cargo was generally much damaged. He considered the stowage careless. The beams had worked more than might have been expected in a new vessel; but if the ship had encountered weather through which she was nearly foundering, he should not be surprised at anything that might happen. (Left sitting.)