RESIDENT MAGISTRATE’S COURT, PORT CHALMERS.

Evening Star, Issue 3536, 23 June 1874, Page 3

RESIDENT MAGISTRATE’S COURT, PORT CHALMERS.

Tuesday, June 23, (Before Captain Thomson and Dr Drysdale, J.P.’s) Drunk and Disorderly.— Michael Cane, against whom seven previous convictions were recorded, was for this offence fined 10s, or, in default, forty-eight hours’ imprisonment. Crimping. —Peter Murray was charged by John arkcr Smith, muster of the ship City of Tan jore, with persuading one Robert M'Phee, an apprentice on board the ship, to desert from her. Defendant pleaded not guilty.—Mr Mansford, who appeared for the plaintiff, said that M'Phee was an apprentice on board the ship of which his client was master, and on Sunday M'Phee got leave to go on shore for the day, but to return at night. He did not return till midnight on Monday, when he and the defendant went off to the ship in a boat, and were caught in the attempt to get M'Phee’s clothes into the boat. The plea set up was that defendant had gone to fetch the boat back to the shore. He called Captain Smith, who said it was his custom to rise about midnight to see what was going on on deck. When he went on deck last night, as usual, he heard a heavy footstep forward, and sent the watch to tell him who it was. The watch was rather long in returning, and witness went forward himself'and found a bundle of clothes (produced) on the forecastle. He went a little further and found the prisoner in the forecastle scuttle, and saw a boat moored under the fore-chains in a convenient position for getting away. He then told the boatswain to go and moor her at the gangway, und witness secured the bundle of clothes. He had a suspicion that the prisoner was instrumental in inducing others to leave from the ship. He had come out as a passenger by the ship.—Robert M'Phee said he was an apprentice on board the City of Tan j ore. He had got leave of absence on Sunday morning to return at night, and went to Dunedin, staying all day, and also Monday ; and he and prisoner walked down together from Dunedin, and took the gig of the ship William Davie to go off in. Ho left Murray in the boat, climbed up the chains and bundled up his clothes, aud took them to the top of the forecastle, where they were found by the captain. Murray had come off, with him to help h'm to take the boat ashore again. Murray did not persuade him ; ho was leaving of his own accord.—The Bench considered that the Act would not bear out the charge, as by the 257 th clause it only spoke of those who persuaded to leave, whereas the evidence did not go to prove that the prisoner had persuaded; though they had no doubt he came down from Dunedin for the purpose of aiding him to leave. They regretted that the case must be dismissed.