RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume IX, Issue 582, 2 June 1858, Page 5

RESIDENT MAGISTRATE'S COURT.

-...'; Lyttelton, Friday, May 28. Before W. S. Moorhouse, Esq., R.M.; J. W. Hamilton^ W. Donald, and R. Latter, Esqrs. J.P. EtTSSEIiL • AND OTHERS V. WESTGARTH. ''■ This was an action which: one of the seamen of- the. ship Westminster now in port; brought against: the master for an assault committed ;on board the vessel the previous day, and the rest of the crew; appeared to support the complaint and to ask for a discharge for themselves in consequence of the ill-usage of their comrade. . James Russell,. the plaintiff, swore that on .Thursday evening when in the boat alongside, after bringing the captain on board, he had been ordered by a midshipman to unship a rullock and refused. The captain heard this arid when he came on deck took him into the. cabin, then sent evejy one else out, seized plaintiff by the hair and struck him with a poker; then forced him down on his knees, and flogged him in that position'with a 1| inch rope for a considerable time. Plaintiff added that he had been compelled to ask pardon of the captain and .officers, that in the morning he had been unable to work, that the captain had threatened to cut him to pieces, and that he was in danger of his life. He further stated that he had never disobeyed the captain or any of the officers, but that he had once deserted the ship and been captured. He wanted his discharge, being shipped as an able seaman. Captain Westgarth, being sworn, positively, denied having struck Russell with the poker, and had even, when too thick a piece of rope was offered, sent;for a smaller piece which he used. He had always to watch mis man particularly, to see that lie obeyed orders. He thought he might have been severe or perhaps wrong in giving plaintiff the beating, but he had heard the second mate giving orders to the men in the boat, and this man replied ' Come and •do it yourself.' . ' Twelve other seamen of the ship coming forward, stated that they wished to get clear of the ship, in consequence of the treatment that Russell had received; Captain Westgarth having said to them that he would serve any of them the same way if they insulted him in the same manner. They all acknowledged that they had never been unkindly used by the Captain hitherto, but that they had been pretty comfortable. , „ _. , . The Bench inflicted a fine of £5 on Captam Westgarth for the assault, half of which, at the defendant's request, was ordered to be paid to the plaintiff if he returned to his duty. The whole of the crew (13), refusing to go on board and return to duty, were committed to gaol for three months.