MAGISTRATES' COURTS.

Globe, Volume XXI, Issue 1694, 25 July 1879, Page 2

MAGISTRATES' COURTS.

LYTTELTON, FbidAY, July 25. [Before J. Beswick, Esq., R.M.]] Dhfnk.—James Clark, charged with being drunk and disorderly, was sentenced to fortyeight hours’ imprisonment, Desebtebs. —A. Egan, W. Fraser, and J. Fraser were presented, on remand, for deserting from the ship Waimate. Mr H. N. Nalder appeared for the ship. W. Gifford deposed to having seen the men on board. 0. Moody Ward, acting shipping master, testified that the men were on the ship’s arlieles. They were reported as having deserted. Each of the men in town said that Captain Peek told them to leave the vessel j that ho could not pay them off. Mr Nalder said that the men left the ship at the last moment, causing considerable annoyance. They had been well treated bj Captain Peek, and had no complaint to make against the ship ; he was instructed to press for a conviction. Prisoners wore sentenced totwo months' imprisonment each, with hard labour. Assault. —James Davis, master of the barque John Knox, was charged with assaulting the boatswain, Charles Screen. Mr Nalder appeared for the complainant, who stated that he was getting his coffee at the galley on Friday morning, when Captain Davis ordered him out, and seized him by the throat and thrust him out, afterwards running him backwards against the rail and holding him there until he was black in the face. Witness was taking his breakfast in the gallery at the time. He had not been told not to do so. In cross-examination witness said he had not refused to go out of the galley. He was ■ going out when the assault was committed J, H. Atkins, steward on the vessel, said that he was rather late in getting the cabin breakfast, and Captain Davis came forward and saw the complainant in the galley. He ordered him out and complainant spoke back rather sharply. Ha said he wouldn’t go out until 3 ho was ready. The captain then pushed him out. The boatswain was pretty angry. By the Bench—The captain told complainant to go to his cabin, and eat his breakfast. By Captain Davis—The boatswain has refused 1 duty before, and in that sense has been 9 troublesome. A boy, working his passage, corroborated the previous witness. Robert Torney, a passenger, said he heard complainant use profane language, and saw him throw a cup of coffee in the captain’s face. - Captain Davis said that he went to ask the steward the reason why the breakfast was not ready at the usual time when he saw thecom- £ plainant. He ordered him to go to his cabin and take breakfast. He replied verj {insultingly, and 1 pitched a cup of hot coffee right in witness’s face, spoi’ing a new shirt he had on. He then , mit him out. Complainaint has refused duty 5 severdrtimcH nerorfe. j.ne — j. was no doubt an assault had been committed, and ho would impose a fine of 40s and costs, 7 with professional fee £1 Is. ’

Steated.—J. McGuire, for allowing a coir to roam at largo, was dismissed with a caution.

Ciriii Business.—Lyttelton Gag Company v W. Riley, claim £8 12s 7d ; Mr Nalder for plaintiffs. Judgment by default. Brown and Smith y W. Ford, claim £2 11s 9d. Judgment by default.