THE SURAT AFFAIR.

Evening Star, Issue 3414, 30 January 1874, Page 2

THE SURAT AFFAIR.

CAPTAIN JOHNSON SENTENCED TO IMPRISON* MENT. The Resident Magistrate’s Court was crowded this morning with people anxious to hear the decision, of Mr J. P. Maitland, K.M., in, the. ca§e of Regina v. Johnson,; master of the late ship Surat. Mr Maitland: took his seat on the Bench shortly before eleven o’clock, and delivered the following ludgment \ Edmund Joseph Johnson; I have carefully considered the evidence which has been ad- ! duced by the Crown in support of the charge brought against you, as contained in the information, as well as the evidence tendered and' the points raised by counsel for your defence. lam sorry; t 0 : say from the evidence I: can come to no other conclusion than that you have been guilty of what I must characterise asa very serious offence—that of criminal neglect of your duty as master of your ship. This! is to my mind abundantly proved by ihe evidence of the witnesses who have been called m the. case, as also by your own evidence given before of Inquiry'into th 6 circumstances of the wreck of your vessel, which the law allows to be made use of in this’Court. In! mentioning the evidence given by you on that occasion I must do you the credit of saying that : I thnik you gave-that evidence in a fair and' manner. At a time :which; should have called forth from any man.of common prudence the - utmost energy ini the direction of taking every possible step to preserve ms ship and those who were in it from the immediate and imminent dangers which.,threatened them, and which I need not recapitulate, you showed an entire want of due precaution and a* disregard of consequences in'not taking proper means to • seek and obtain . assistance trorn. the passing steamer; which you had , it .clearly in ; your power tq do—an omission on your part which might have been attended .with very fatal results, and by which you, ih my opinion, seriously endangered the lives of those you had ?,° a f iP ha^ been jested by your counsel that seeking the assistance of the steamer under the circumstances was a matter the necessity of which there might be a difference of opinion upon, and that if there was any reasonable doubt as to what was your duty in yf r U tave ? right to the benefit of that doubt. I agree with him so far, but I canT n of common prudence coirid have had a doubt as to what was his duty under the circumstances with regard to the steamer. The want of due precaution and the recklessness -on your part may. I think . he attabuWto the fecf a ,youf being the time in a state of partial intoxication—a state. which, in my opinion, under - the circumstances aggravates the offence. I catinot overlook the fact that you have been already severely punched by another tribunal in conneotion with this matter, by having had your certificate cancelled. This Court is one of I different constitution, and in that respect may be said to have nothing to do with the sentence of any other Court. However, I think it,will be right for me to keep the punishment which you have already suffered in view in passing sentence upon you in this case. Keeping that therefore in sight, I sentence you to be.imprisoned m her Majesty’s gaol for two calendar months. Under other circumstances, I should have felt it my duty to have passecf a much more, severe sentence.

Mr Haggitt: As this is in the nature of a summary conviction, and therefore the requirements of section 239 of the Act. so far as the prosecution is concerned hive been complied with, I am instructed to withdraw Johnson tW ° ” lfoirmation3 against Captain Mr Stout; Might I ask if your Worship will give the option of a fine ? Mr Maitland: No, I will not, else I would have, said so. I think a fine, under the circumstances, would not be any punishment,; could inflict would be commensurate with the offence; in fact a money tine, under the circumstances, would be a dangerous course. 6

Mr Stout: The law contemplates a fine, “i® iu the discretion of the magistrate. Mr Maitland : The law contemplates all sorts of circumstances, of which the Court is considered to be the judge. Captain Johnson was then removed in the cuftody of Detective fchury, and thus ended all judicial proceedings in connection with the loss of the ship csurat.