RESIDENT MAGISTRATES COURT, PORT CHALMERS.

Evening Star, Issue 4249, 9 October 1876, Page 2

RESIDENT MAGISTRATES COURT, PORT CHALMERS.

Monday, October 9. (Before T. A. Mansford, Esq., E.M.) Drunkenness. —Jas. Bell pleaded guilty, and was fined ss, with the usual alternative. Embezzling Cargo. —Valentine MaUley, articled seaman belonging to the ship Tnomasina M'Lellan, was charged with embezzling one bottle of old tom, of .the value of 3s 6d, part of the ship’s cargo.—Mr Joyce appeared for the accused, and Mr A. Bathgate for the complainant.—William Donald, second officer of the Thomasina M’Lellan, said that on the I2th August, he, with two others and the prisoner, went down the afterhold to secure some cargo. After remaining there for sometime, witness had. occasion to go on de?k, and upon entering he saw the prisoner go to the side of the ship, take up a bottle and drink out of it. Witness then said to Mailley—“ I have caught you at last,” when MaiLey replied, “Do not tell the captain.” Witness ordered him on deck and acquainted the chief officer of the foct. -To Mr Joyce: The men were up and down the hold on several occasions. Witness did not see Mailley take a bottle with him down the hold, but found an empty old tom case shortly afterwards. There were boats alongside the vessel at Bio, but witness <did not know whether they sold spirits.—Ed.ward Mooney, chief officer, deposed that on the day after the vessel left Ri© the second officeor informed him he had caught Mailley embezxlmg the cargo. After Mailley had been some time in irons he told witness he would pay for it.—To Mr Joyce : Prisoner had been drinking. Witness found one empty case, also one case with one bottle short. Witness would not allow spirits to be brought; on board while the vessel was lying at Rio.—After the'evidence of ('aptain Gibb bad been taken, Mr Joyce called witaes ses for the defence, who stated that the accused had bought liquor at Bio, but they did not know whether it was brandy or gin.—His Worship, in giving judgment, stated that the master would have done wrong in not bringing this case. As the accused had suffered and was suffering a long sentence of imprisonment, he would order him to pay the value ef the old tom, 3s fid, aud costs. Wilful Disobedience of Lawful Commands. The charges against Archibald Kerr, Robert Price, William Smith, Edward [ Hunt, William Price, and Valentine Mailley ; were, on the application of Mr A. Bathgate, withdrawn.—William Mxuray was charged with wilful disobedience of lawful commands.

[By Tejjsqeath.] 3.34 p.m. All the charges against; the crew of the ship Thomasina M'Lellan have been with* drawn by Captain Gibb. Mr Joyce, on half of the men, withdrawing the com* plaints against the master. The seamen are to be paid off from the ship td-ihorrow. Mailler and Cotter will probably be releafied from gaol.