RESIDENT MAGISTRATE'S COURT. PORT CHALMERS.

Evening Star, Issue 3463, 28 March 1874, Page 2

RESIDENT MAGISTRATE'S COURT. PORT CHALMERS.

i ‘ ! ’Saturday, .March 28. (Before sGapt. Thomson m and Dri Drysdale. } J.P.s.) : Di-OBEDIENCB OF' John Uibson was charged* with combining 1 with Thomas'lrvine, JobhFarr', and Williatn Gee to disobey lawful commands' 1 - on board the' schooner Elderslie, oh the ‘27th inat. vlr Mansford for, defendant, and Mr John*, ston 'for'-Complainant;—Mt Jdh'nst'on stated that the facts of the casO-wfere 'shortly‘ that the defendant and three others shipped in Melbourne, on the 28th October, from Melbourne to Tasmania, of I ’the Australian Colonies, for six 1 months, to be discharged by mutual consent. On the 27th iust. the def mdautwas directed'by the chief officer to die. ; charge cargo, when he, with the three other?, rptused because thejrtime had expired under tbe articles.— L. if. D avis said he was chief - officer of the Elderslie; 1 Wjtness gavp no o:\iera to John Gibsbp on the 27th jnst. . but on tbs 26th gave hifh 'ordera,'which'he refused to execute.—Mr Johnson 1 stated that there was an error - in itho - information. ■ : ft oqght to have .been on the 26th instead-of the 27thy &nd. aslced the Bench. 11 the information to be altered from the 27th to the 26;h—Mr Mansford bad no objection, and the Bench allowed the information to be altered.—The witness then stated t hat about 8 a.m. on the 26th he .asked the defendant, ■ with the three others, to.turn to and haul the Vessel alongside the wharf, when each of them refused but gave no reason for so doing, f Witness entered the:circumstance in-the log/ book.—By Mr Mansford : ; Witness made the' entry on the 26th. It is not an official log-' book. Was not aware of one being on board. The log-book produced is the only one kept to .witness’s. knovVledge, After the e dry, did not read it to the men, nor had it been read to them'to witness’s knowledge; Mr Mansford did not think he had anything to answer. ' It had not even been proved that the defendant was a seaman on board the ’ship; J Ho did expect that the captain would haye been put into the witness-box therefore, ‘ ho would ask the Bsnoh to disnpss the Bench stated they would like to have the Gaptajn put into the box. Mr Mansford hoped that if the Bench thought theretjhad been no case they would not hear the t aptain so as to make a case. —(.-aptain Cowan was, however, called and said that the articles produced were the same as were made in Melbourne, and the defendant was the person who dgned them. .The log-book produced was the only log-book kept on board the Kldera lie,—By Mr Mansford : Witness did not keep any official' log-book, it not being required by ceasing vessels. There were four seamen on board, the complement be the fifth. On witness’s last voyage from here there were five seamen. Witness did not represent to these four men when they signed that there would be five men before the mast. He was hot aware that the blank on the articles ought to have been filled up. —Mr Mansford quoted part of the 149 th section of the Merphwt that *

the number of the crew should be stated, and contended that as this had not been done the agreement was voi.l. It was a moat important part of the agreemeat far the crew to know the number of men the vessel carried, as they would then kcow the work that would .be required of' them.—The Bench would übt the objection.—-Mr Maneford tjtfeh stated that und-ir the 151st clause the articles expired bn the 31st December or the SOth'odf JuriS;.; Those articles being male on-’ the 28th.'of ’ October expired on the 31st of T)eoembcK~ ; Mr Jo msoa pointed out that the meu continued to work after the vessel arrived and had not raised that objection. Besides, that clause only applied to foreign-going ships Iho Bench considered the rilderslie was a foreign-going vessel, and on which ground, and because the entry in the log bo-.k had not been read over to the men, tho information must he dismissed.— Mr Johnston then 'VitWrew tho Asuiust Thotoaa Irvine Jona Farr, and 4 William * v