RESIDENT MAGISTRATE'S COURT, POST CHALMERS.

Evening Star, Issue 4039, 5 February 1876, Page 2

RESIDENT MAGISTRATE'S COURT, POST CHALMERS.

j. . -'■ ‘■■/ :■ V .-j'rX? ; ■ ■ Satpbdjlt,’ f (Before TiA, Manßford,,Esq.', K.-AL)f f ; Eejeaph of Harbok BioDi4m»g.- -3pch&eil Carey, .'master pf the R.fi/-Wellhigtot4 Jmfa charged th*; nformation bi Thomsen, Harbor-Master;: with move the e.B. Wtllr gtoti at thp rtdlfrAfr/pldrdfi the Bth of Jsnuary. wheft' ordered bS py : (Jeiptain M'Cullum, pier for 1 the defendant, pleaded “ not M'Cullum, pier muster, deposed t A p net. on the eVeningjof the Bthf or J&ktiaiy, he Wertf on board'the Wellington^ which Was lying at ithe end. of the pipe having> reriiyedjithe whole of . her cargo, and asked, tlae Ajfef officer to shft the vessel alohgsi de <(he Mpy Que«?.a, as* the; s.s. uxpected~to arrive) early the next inormng with the tian Francesco mails. The cMef officer desired jvitnewtfto see the captain. Witness then weftt into th e cabin, and made the same r*queft "to Captain Casey, who replied hewould not . shift the venseliuntil he went toaea*; Th ewf jvas nb other-berth. vacant, and,.itWas, n. l ct;ssarv to shift tho Wellington in. readin to come vto the wharf..-.,/ The Eashy," whidi lay at the pmty was expected to sail at I<o a.m next day. She. however started five hours in advance ofh.tr time, so that there vas& nl^ r berth .when the Haw.a arrived. Had wuthass known that theEasby would Iqavta-s* 3 early fd would .not, ha ve asked Captain Carey to remove his vessel. htated.He was bware that'the Wellington Waste isailat 10 next diiy.' anil W; uhderSSslihipression ithe Easby wottld ' lestve' at teh 'that. morning: The Bawea a rived between ’6 and ‘9 o’doTk, land had* a t^leer, berth. ; Captain Carey was lonly asked to move alongside theMav Queen, and could have hauled back alongside the Haweai' after her: arrival) arid thfe; tetter, was jberthed. GaptainOasey,stated he would land the awCas mails*, and - the. passengers .cotdd lwalkraero-6 the, Wellington. It the miwea had not arrived,witn|oa would have shiftedthp •Wellington back to. receive her mails and p ishentfers. ! Witness knew, the Hivwea had the ;San Eranciscomail on board., Knew that by reading the papers, ‘‘although he did hot believe more than,half of what heread in the f papers*’ A lt was about 9 plxa. when he 'first, heard that tife (Essby > would leave early ,’thje next moiibdg. ! —Wu-i’ftm Thomson; harbor master 1 , propped a copy erf the harbor regulations, end a sketch iplan showing th,e positions ofthe vesaelfl lying •at the pier f>h r the dayih question, and stated ; that the last witness was appointed to remove j vessels when necessary. He considered. M‘pallium did right m,.ordering the mhbvai of the i Wellington, .not being aware, the Easby woffid .leave until 10 a.m. on the 9th.—Mr Aldridge having addressed the court for the- defence, : called Michael', Carey,: the. defendant, *who : stated that great inopnvenience would haye been, cau-edtohi* passs'ngershnd the Welingtonbeeu shifted alongside the May Queen. Captain M'GuUum not .offer to shift the Wellington alongside ihelHawea << fter.her arrival— aptain Tatohell, of the May Queen, master .mariner vf twenty-five years’ standing, stated it would have been mosk inconvenient to embark passengers. bv the Wellington across tie Hay Queen.' This witness also pier master made no offer’to haul the WeUiiig. ton abngside tbe Hawca. ; He was present the whole time the conversation'was carried on between Cavtain Ckrey aadJ the pietmaster.—H. B. agent .for >tbe company., stated that j (the I pitrinaster " inf6nh..d‘;. imn /lhe had ordered the Wellington''' t6 ' be rereplied that be thought it very hard ae the Easby wb'dld leave eferlydb the 9th, and tbh Hawea cOuidf tabe her berth, f he|pier master then said , “I hgve giveh th 6 order, and •if hrft carried ohfr'*ybti i( vrill -hear further from me.” This concluded tbo'etidenoe. -rHts Worshijp’fctsted a btetch of the harbor rcgalauoas had' been'' 'conmdtted; but. aS'the authorities had ho Wish'to fdT k hihavy peUfllty 'defendant • would' be ” fined - ,40s "and COBtS. a* wmmm