RESIDENT MAGISTRATE’S COURT, PORT CHALMERS.

Evening Star, Issue 4247, 6 October 1876, Page 2

RESIDENT MAGISTRATE’S COURT, PORT CHALMERS.

Thursday, October 5. (Before T. A. Mansford, Esq., R.M.) Assault. Captain Gibb, of the ship Thomasina M ‘Lellan, was charged by Edward Cotter with unlawfully assaulting him on the 25th and two succeeding days of July by putting him in irons. Mr Joyce for the complainant, and Mr Bathgate for the defence. —The hearing of the charge occupied nearly the whole day. From the evidence it appeared the assault arose out of the embezzlement case reported in our last issue. Edward Cotter stated he was an articled seaman of the ship Thomasina M‘Lellan. On the day before the vessel reached Bio the defendant sent for him to come aft, when witness admitted that he bad stolen the articles found in the forecastle. The defendant then ordered the chief officer.

with one of the crew, to put him in irons. The mate chained him to the mizen mast in such a position that he could not sit down. This happened at ll p.m, on the night before the ship went into Rio, and witness was kept in that posstion until 6.80 next morning. The night was very cold, and the ship hove to, there being a half gale wind. After the ship arrived in Rio he was taken, down, placed in the lazarette. and confined there for three days, being chained to a fctancheon. During this time he was only allowed two biscuits and a pot of water daily. On the third day he managed to free himself from the irons, and came Up on desk, went forward to get something to eat, and returned of his oWn free will to the lazarette. The same day he was taken ashore, and confined in gaol for nearly three weeks, although he had requested to be taken before the British Consm or on board H.M.S. Volage, which requests the captain refused. The day before the ship left Rio, he was taken on board, and again chained to the stanchion in the lazarette, having his old allowance of two biscuits and a pot of water. Coming out of Rio the ship rolled heatlly, and some of the stores fell upon him, his knee being cut with a broken bottle. On a previous occasion, Captain Gibb had put him m irons for whistling While at the main brace. The day after the vessel left Rio witness made a voluntary confession attd apology to the Captain, which were- taken down in writing ; after which he was allowed to resume his duty, Until the vessel arrived in Port Chalmers, when he WftS again confined in the sail-room on deck.— Several other witnesses Were examined.—ln defence Captain Gibb Stated that on the day prev.ous to his reaching Rio he was informed that Cotter had been plundering the cargo. He requested the chief officer to inquire into the matter, and finding the statement correct, and being extremely anxious for the safety of the ship, he ordered Cotter to be pnt in irons and to be kept on the poop until the steward could clear a place in the lazarette. The night was fine, and witness though OU deck during the greater part of the night did not feel cold. On arriving at Rio witness saw the Acfcing=Cottsul. who informed him that the man could not be tried in a Brazilian court for embezzlement, but would have to be taken on to Otago, at the same time giving him written authority to confine Cotter on board. Witness also went on board H.M.S. Yolage, and stated the case to her commander, who said be would not interfere. Witness deemed it necessary to confine Coter to prevent his esCapfl, and to keep him away from the rest of the Crew, as he had been a sort of ringleader amongst them, and had threatened to “knife” a man named Anderson for informing against him. In answer to Mr Joyce,' witness stated that Cotter had not been examined either by the Acting-Consul or Captain Fairfax. After hearing the evidence of the chief officer and two passengers, his Worship reserved judgment. Friday, October 6. Disobedience of Commands. —Archibald Kerr, Robert Price, William Smith, Edward Prince, William Murray,{and Edward Hunt, seamen belonging to the ship Thomasina M ‘Lellan, were charged with disobedience of lawful commands while on a voyage from Loudon to this port. A furthe" charge was also preferred against Murray of embezzling six bottles of wmC and two bottles of beer, of the valne of 325, part of the ship’s stores, Ott the 6th and Bth July. Mr Joyce for the prisoners, who Were remanded until the hearing of the assault oaSe preferred against Captain Gibb by one of the seamen. ASSAULT. —John Gibb, master of'the ship Thomasina M'Lellan, was charged with unlawfully keeping Valentine Mailley in irons for five weeks in the lower hold daring the voyage from Rio to this port. Mr Joyce for the complainant, and Mr Bathgate for the defence.—Valentine Mailley stated that on the day the vessel left Rio, he with others were sent down the hold to secure seme cargo, and while there he drank some spirits he had purchased at Rio, Upon coming on deck he was the worse for liquor, and the captain ordered him to be placed in irons. He was taken down the lower after-hold and chained to an iron stanchion there for about five weeks. Nearly the whole time it was da’k (the hatches being on), and part of the time he was wet, owing to the vessel shipping water. For the first two days he was only allowed bread and water, and only permitted to come on deck for about ton minutes each morning and evening. At the expiration of the fifth week, when he was hardly able to walk the deck, the captain ordered the irons to be taken off, and he was put in the sail-locker on deck, where he remained until Port Chalmers was reached, when he was again pat down the lower hold until the police brought him ashore. —Corroborative evidence was given by three seamen. [Left sitting.]