RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XI, Issue 237, 3 November 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY.

[Before L. Broad, Esq., R.M.]

Charles H. Ne'son, master of the barquentine Annie S. Hall, was charged with assaulting Frederick Lenty, the cook and steward of that vessel, who prayed that the defendant might he hound over to keep the peace. The case was to have been heard at ten o'clock but at that hour, although the Magistrate' the counsel, the reporters, and the officers of the Court were in attendance, there was no captain. After waiting for about twenty minutes, the delay became wearisome, and a warrant was ordered to be issued for his apprehension, but while this was being orepared the missing gentleman sauntered into Court.

,, M ~ ? itt a PP ear ed for the complainant, and Mr Fell for the defendant. Mr Pitt, in stating his case, said that en Monday last after it had been decided that the Court had no jurisdiction with regard to the informations then laid, the assaultcomplained of took place. He might say that had he known then as much as he did now he should not so quietly have accepted the ruling that there was no jurisdiction, as he believed he was in a position to prove that Captain Nelson was a North of Ireland man and is a British subject. (The captain ; What I, North of Ireland? I wouldn't mind if I was or an Englishman either, but I'm not, I'm a real American.) Mr Pitt went on to say that on the complainant returning to the vessel he went to his cabin as he was very unwell and suffering from boils and gatherings on his hands, which prevented his working. When he was in his bunk the captaiu came in and seized him by the throat— a rather favorite pastime of his— and threatened that as soon as he got him over the bar he would let him have it. It was not safe for the complainant to go to sea in the vessel. There were wages amounting to £26 owing to him. and he believed the captain wanted to drive him to desert, so that he would forfeit the money. Frederick Lenty: lam cook and steward on board the Annie S. Hall. On Monday afternoon I went down to my cabin I was in my bunk unwell, when defendant came

down and began abusing me. I said I was unable to work. Ha called me a d loafer, and laid hold of me by the throat and hair, and dragged me out of my bunk. On deck he again laid hold of me by the throat, and tried to shove me down the main hold, xesterday morning he came down and pulled the clothea off me, and abused me horribly, and asked if I wasn't going to work. I said 1 could not, when he again seized me by the throat and punched me. He then got a rope and tied a knot in ifc, and was going to strike me, when I got hold of a walking stick aud defended myself. He has several times during the passage asiaulted me, and on one occasion struck me on the head with a "tormentor."

James Webb: I am a seaman, and have been working on board the Annie S. Hall. On Monday afternoon I heard the captain go to Lenty's cabin and abuse him, and saw him seize him by the throat. This closed the case for the complainant. For the defence Mr Fell called Charlea Nelson, who said : lam master of the Annie S. Hall. On Monday last I went to complainant's cabin and told him he had better go and assist the man I had engaged in his place. He said he would see me d d first. He then struck me with a cane. I had not threatened him. Before leaving I took hold of his collar with my finger and thumb, and told him he should not use such abusive language. I would not dirty my hands with striking the like of him. Cross-examined : Had never assaulted or touched complainant all the voyage out. If he had a weakness it was that of being too kind to his men. Went yesterday morning to complainant's cabin and quietly asked how he was, and whether he should get a doctor for him. Was told in reply that he was a d scoundrel.

Henry Wade, chief officer of the ship, saw the captain go to hia cook's cabin on Monday, and heard the latter using abusive language to him. Did not see the captain seize him by the throat.

Mr Fell then addressed the Bench for the defence, stating that the whole affair was greatly exaggerated, and that some allowance must be made for the master of a vessel who had to maintain discipline among a rough lot of men.

His Worship admitted that discipline must be kept up, but thought that combing a man's head with a " tormentor " was going a little too far. He sdould bind defendant over to keep the peace for three months, himself in £20, and two siueties in £10 each, and order him to pay costs £l 13s.