SUPREME COURT.

Evening Star, Issue 3804, 4 May 1875, Page 3

SUPREME COURT.

CIVIL SITTINGS. 1 uesday, Mat 4. (Before his Honor Chief Justice Prendergast and a Special Jury.) Babboatman v. Stevens. —ln this case the following Avitnesses were examined this morning John Reid, ploughman, and a fellow passenger of plaintiff, said he remembered the latter being asked by the defendant if he was the man |bivt ff-rtfutard ty comp.biiPlaintiff said he was, jjppn which defendant ordered him to be haneb piilFed, and then seized , him by the beard and pushed him baokwards. To Mr Stout; Witness did not attend any of the meetings held on board. To the Jury ; Witness stood near the people bolding the meetings sometimes, but never took any part in them. He just went anywhere where he thought there Avould be any sport —that is to say, Avhere he thought anybody might say anything funny. The meetings ■ were well conducted and orderly. Jane Atkin, wife of Thomas Atkin (who was also examined), said she saw plaintiff put down jibe holji, and defendant afterwards Ayent d.nvn pind asked hljn for a lector, at the same finie feeling his pockets. He then raised both hands and struck plaintiff tiiree times. "The chief Officer brought the handcuffs. witness seeing them glitter in his hand*. To Mr Stout i Witness did not hear anything that plaintiff said when bein : struck by defendant. She could not say, although looking into the hold, whether tne defendant, the mate, and the doctor Were sitting or standing. Margaret Morrison, married woman, gave ' similar evidence, and on being cross-examined ■ said she did not hear plaintiff “hurrahing” or - gayjng anything about retribution. This cbncltided plaintiffVcase L , and Mr Stout briefly addressed the jhry, stating that he Would do so more fully after the evidence for the defence had been taken. He said the jury would have to decide if defendant was justified in faking the measures used by him - not whether the punishment was excessive. The depositions of the defendant, Cnpt. Stevens, taken on commission (he having left this port with the vessel) were read, to the following effect:—l noticed plaintiff shortly after leaving Greenock, he coming and telling me he wanted to teach me how to govern the tftdp and howto have it provided. He also . felted that a committee pf four passengers had • been appointed, and asked me if it would not be better to take my orders from that comBlittee* He also said that I. ought to pay a toamto go into the galley. Plaintiff did all in bin power to prevent the passengers from complying with the regulations. He had a daughter aged sixteen or seventeen in the single women s compartment, and these Avero not allowed to go beyond fixed limits ; but one day plaintiff took her and another single woman to the fore part of •he ship, against .the rules, and repeated this feeverabtimea. A man called Jack complained Jb JbO that a letter had been drawn up by plaintiff referring to one Miller, who Avas put or mad and trying to jump OVerppard) and that he (Jackf was to matte a tttol df - lt f. for plaintiff to inquire , • >IWP r > hut he said life would “ see me and Ilfirt X must go to him if 1 v iWbted tO Bp'Dali to him. Ho had before tom gained ofjfre supply of water, and! had enrl2s9J.'. -him affd explain the p ttlEionS. Plaintiff was cotftitto'ally tffbdufe-

mg his contract ticket and wanting alterations made in its terms, and an extra quantity of water. There were meetings continually being held, of which he was the main leader. On speaking with him after he had said he would “see me first,” he used further insulting language. After this I ordered him to he put in irons, but I did not lay my hands on him, nor was there a struggle. He would not walk aft, so he was carried. When being carried, lie cried out, “ Three cheers for Scotland,” and “ Is there not enough of you to release me from this ?’’ He was taken down to the hold, and 1, with the doctor, mate, and steward, went and reasoned with him, saying I did not wish to keep him in irons ; that I had not made the law's, bur was only a servant and was obliged to administer them. Plaintiff replied : ‘ If I was not in irons I’d knock your b -- head off.” He was then shut down, and ou being- released said he would behave himself for the remainder of tbe voyage—which he did. Cross-examined : I never saw plaintiff got up meetings, but heard this from others. There never was quietness in the ship till he. was imprisoned, and he had caused a great deal of trouble. He also refused to clean out his place. I was never afraid that he would take the ship away from me, but feared that the vessel would be put in a state of mutiny. I did not seize him by the throat, but merely put my hand on his shoulder and made him sit down. The place he was confined in was 35ft x 20ft, and 6ft high, and there was any quantity of ventilation. The depositions of the steward (Ball) wenalso read, corroborating the defendant’s statement, and adding that plaintiff on his knees s.iid, “I’ll have retribution for this.” The chief officer ordered the irons to be brought, and defendant never put his hands on plaintiff. The depositions of the boatswain (M’Clarty) fU;re n d with those of Ball, and wove to the effect that plaintiff was used as gently as possible. W. H. Fitaer. late chief-officer of the Auckland, and possessor of a master’s certificate, said he had had ten years’ experience in bringing passengers and immigrants to New Zealand, Moon after leaving Greenock he noticed some peculiar conduct going on and meetings being held by some of the passengers for the purpose of making complaints. All these emanated from four individuals—plaintiff, the witness Atkin, the man .lack, ami Thomson. Witness never saw such goings on in a ship before, and at one meeting in particular (a monster meeting) the passengers quite interfered with the working of the ship. Atkin was standing high up in the centre of the crowd, holding up his contract ticket and shouting out, “This is what we have a right to; wcwill have it—we must have it.” There was a general “hurrah” at this. Plaintiff was one of those at the meeting. Defendant spoke Atkin about, the meetings, and cautioned him that if such, conduct was continued he would be imprisoned. The man Miller was confined because he was in the habit of striking matches in the night and rummaging the other men’s boxes; and also being about the hatch singing out for his “Dora, dear.” Miller might have been mad—he went by the name of “ Daft Sandy.” Witness did not carry the irons to the captain; the steward brought them. Plaintiff was carried aft very quietly and carefully, and during this sang out two or three times, “Brother Scotchmen—just retribution.” After his confinement the meetings were dropper] on deck, but witness believed some were held below. He did not know the objects of these meetings, but believed some were on the “land question.” He considered defendant had hot behaved in a tyrannical manner towards plaintiff ; but on the other hand, if witness had b en captain in his place he would have acted so long before defendant did. Witness considered it was necessary for the safety of the ship that plaintiff should be treated as be was. [Left sitting.]