RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume I, Issue 14, 12 April 1851, Page 4

RESIDENT MAGISTRATE'S COURT.

April 4th, 1851. Before H. G. Gouland, and E. R. Ward, Esqrs. John Nixon, boatswain, and seventeen registered seamen were brought up by warrant on the complaint of Henry Brown, master of the "Travancore." Henry Brown being sworn, deposed that on Thursday, April 3, the prisoners, one and all, refused to work; the boatswain was most prominent in the refusal; two other men, Hope and Gardner appeared to be ringleaders; knew no reason for their conduct; had had no quarrel with them • was satisfied with the crew generally ; had had a difference with the chief officer, but none with the men. Captain Brown was cross-examined by many of the prisoners, but no particular instance of harsh conduct was referred to. Henry King, chief officer of the " Travancore " indentilied the prisoners as having refused to work when ordered ; one man in custody had not been ordered to work in consequence of illness, (this man, McDonald, was accordingly discharged by the Magistrates). Being asked his opinion as to the captain's conduct, Henry King stated that he had been ten years at sea and had never seen men treated so badly ; the men had been driven about

more than he considered necessary, had been keL at workday and night, and often out of their watcsV* below. Had seen no assault committed; had been ordered by the captain to call no man out of his name. (The chief officer produced the ship's log and shewed the entry of the men's refusal to work • the chief officer's name appeared in the low with a complaint of bad conduct and opposition to his captain.) The prisoners being called on for their defence gave general statements of the captain " having driven them about," "having treated them like dogs," &c, but admitted that their provisions had been good, that the Captain had never used had language to them, or assaulted any one excepting Gardner. Gardner handed in a written defence, by which it " appeared that the captain on one occasion ordered him to getin a studding-sail tack ; he was about to do it when the captain repeated his order sharply prisoner then made use of a bad oath, and the captain struck him on both sides of the head ; prisoner admitted that the captain struck him open-handed (or in other words, boxed his ears only). The case was adjourned to the next day in order to give the men time to procure evidence for their ' defence, the captain was also directed to procure further evidence for the prosecutor. On Saturday, John Nixon, and the other prisoners were again brought up. Mr. Livingston, Surgeon of the " Travancore " deposed that no part of the Captain's conduct would justify the crew in refusing to work. He had observed no hardship in the general treatment of the crew on the passage. Edmund Smith, second mate, had been at sea about seven years; saw nothing unusual in the treatment of the crew of the Travancore; they were well found, hurried a little, but never ill-used, and had not been kept up out of their watch below. Mr. Beeves, passenger, confirmed this evidence, and stated that the chief-officer had been slow in obeying the Captain's orders, that some difference existed between the captain and the chief-mate. The magistrate declined hearing further evidence for the prosecution. The prisoners called, Mr Evans, passenger, who said that from what he had seen of the treatment of the crew, the captain's conduct had been more uniformly kind than uniformly harsh: at times Captain Brown was hasty, and hurried the men ; saw no assault. The prisoners still refused to return to their work. The Resident Magistrate—" I deliver the prisoners into the Captain's custody at his request; every man will forfeit his wages due, his clothes also. Captain Brown told the men they might take, their clothes if they liked to send for them, and the Resident Magistrate said that this was a free gift on the Captain's part, and ought to be considered as such by the crew. The business of the week shews no case of interest: several sums of amount have been sued for in the court.