RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume II, Issue 47, 22 May 1862, Page 3

RESIDENT MAGISTRATE’S COURT.

(Before J. Curling , Esq., Jt.M.J May 15. James Wilson was charged with having been drunk and disorderly on the evening of the 14th inst. Fined-.£l. May 16. _ Frederic Dyett was charged with furious riding on the 9th inst. Non-appearance of defendant. Fined £1 and costs. William Farmer was charged with being drunk and disorderly on the night of the 15th inst. Fined ss. Pahoro Apera, a native, was similarly charged, and fined ss. " LeQuesne v. G. H. Stuart. This was a claim for £2, the amount of an order given by defendant on James Topping, who refused to pay it. Non-appear-ance of defendant. Judgment for the whole amount, and costs, Ss. May 19. McHardy v. Breingan. II eh earing. Judgment for defendant, with costs, 9s. Mr. Allen for plaintiff; Mr. Wilson for defendant. May 20. 'Faulknor v. James Wilson. Plaintilfsoughtto recover a claim of £l los. Settled out of Court. Smith v. Farmer. The Plaintiff, Dillon Smith, made a claim of £3 19s 6d against William Farmer, for work performed. Judgment for plaintiff, with costs, 7s. Plaintiff to deliver the goods at once. Doherty v. Hoivse. James Doherty, the Plaintiff, made a claim against Thomas Howse for the sum of £l, the value of certain palings wrongfully taken by the defendent, being part of the fence, the boundary of certain premises in Hastingsstreet, and leased by the Plaintiff. Judgment for Plaintiff, 2s. 6d. and costs 7s. to be divided, each paying 3s. 6d. Faulknor v. Langford. Plaintiff claimed £1 10s., the price of a wheelbarrow'. Settled out of Court. Soloman Payling was summoned for an assault upon Edward Coleman, chief mate of the Arabella, and also for an assault on John Shalders, an apprentice of the said vessel. The informations were laid by James Henton, the captain, and as the assaults arose out of the same transaction, the charges were heard contemporaneously. The applications were at common law, not under the Mercantile Marine Act. Edward Colemau deposed as follows: About half-past tw r o on Saturday, the cook came and asked me if I would have a cup of coffee. I said “ Yes.” I went to the galley to get it, not knowing the stewurd was there. He w'as standing there with a tin of hot water. He said “ Let me come bye.” I said “ Wait a moment.” He attempted to push past me with the tin of hot water, Thinking that he w'as going to upset it over me, I upset it over him. That I did wilfully, to save myself. He then dropped the tin, and before I had time to look round me struck me in the eye and knocked me o n to the fire. I have a large place burnt behind, and a black eye. The second mate then came and took him aft. He then wanted to make another rush at me, but the second mate secured him. He then took up a bottle and threw it at the apprentice’s head. I should say he w r as about ten feet from him at the time. He struck him full in the face, and the bottle broke. He threatened once before to rip me up. I then sent him for-

ward, and would not allow him to come into the cabin any more. Timothy Wallace deposed : I am second mate on board the Arabella, I was down in the alter hold stowing wool on Saturday. The mate called me up about half-past two. He called me into the cabin. He shewed me the state his eye was in, and told me the steward had struck him. I then went forward, and asked the steward what it was all about. He jumped out, and called me a , saying he would strike me or any other ■ like me. I argued with him tor a while, and got him aft to his pantry. He seemed much irritated. He set to work washing his things, and the mate came out of the cabin and began telling me again how he had been treated. His eye was swollen very much. He and the steward had some words, the steward using very abusive language. He wanted to get at the mate again. I prevented him. I held him back. He then said “ Let me go—let me at him,” using very bad words. I was holding him. The boy, John Shalders, was standing at the cabin door to prevent the steward getting round that way at the mate, in case he should get away from me. The steward got one hand clear from me, and snatched a bottle of rum that was hanging on the swingin**tray, he flung it, and I saw it strike the boy in the face. The boy was standing opposite the pantry. I do not know at whom it was aimed. There was no other person in that direction but the boy. There seemed to have been some ill-feeling on the part of the steward against the mate. I don’t know the reason. John Shalders, on oath, said; I am an apprentice on board the Arabella. About 2 or 3 o clock on Saturday last I was down the fore-hatchway, removing wool. The mate came to the hatchway and cried out “ Jack” and “ Alec” (another apprentice) “ See what the steward has just done to me.” I saw that his eye was bruised. I saw the steward throw him on to the stove, and capsize some hot water. I asked Mr. Wallace to get them att. Mr. "W allace came, and they went into the cabin. The steward went into the pantry, and the mate said something to Wallace which caused the steward to fly out in a passion. Mr. Wallace then caught hold of him (Payling) by the arms, to prevent his coming to the mate, and held him there. The stew° ard tried to get away, calling Mr. Wallace and the mate everything that was bad. They were scuffling when the steward caught a bottle of grog from the swing tray and threw it and struck me fair across the face, without touching anything else. I hail given him no provocation. I stood there fin- the purpose of preventing him or the male coming round that side. I don’t believe the bottle was intended for the mate, because the bottle could not get to him. It was either intended for me or the second mate. Solomon Payling, in his defence, stated as follows : This case has been misrepresented. I went into the galley on Saturday afternoon to get water to wash my dishes. During the time I was there, the mate came for a cup of coffee. Just as he came in the door, I asked him to let me pass. He told me to go the other way. I told him the other side of the deck was blocked up with bales of wool. He then told me to wait till he got ready to let me pass—he said he was Captain of the ship, and could do as he liked. There was sufficient room for me to pass if he would have allowed me to do so but he would not. As I attempted to pass lie caught me by the throat with both hands and choked me flat down on the seat, the water flew over us both. He than ran out and called Mr. Wallace, and whilst he was gone I filled my pan with water again. The pan was standing upon the stove. At that time he was back again, and making another rush at me in the galley, he capsized the water a second time. The second mate ran in between us, and he struck me over the second mate’s left shoulder. I forgot to state that I struck him when I rose from the seat upon which he had pressed me down. I filled the can a third time with water and took it to the cabin, and commenced washing my dishes in the pantry. Mr. Wallace was in the cabin, and the third time Mr. Coleman rushed at me in the cabin. Mr. Wallace shut the pantry door and kept Mr. Coleman back. I was in the pantry. He advised me not to notice him. Then after that he rushed in again- jerked the door open, and wanted to strike me, calling me bad nam n ° pnri ooia that I was the one who had set the ship on fire. I then tried to get at him, and Mr. Wallace prevented me, and when I could not get to him, I seized o bottle from the swing tray to throw at him, but at the same time I felt conscious that it could not hit him, and if it did hit him, it could not hurt him. As I held the bottle back to throw, Mr. Wallace caught my arm just above the elbow, and jerked it out of my hand which was the

cause ol it hitting the casing of the door and glancing into the boy s face. The boy was not called upon by either party. Mr. Allen appeared for the plaintiff. Judgment reserved after the examination of two other witnesses, the day following.