RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XI, Issue 260, 30 November 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

BACHEtDER V. NELBOK. The following evidence in this case was | taken before the Resident Magistrate at Christchurch on the 16th instant: — Charles H. Nelson, sworn: I am master of the Annie S. Hall, recently on a voyage from the Mauritius to Nelson. The plaintiff and his troupe were passengers with me. In [ provisions on the vessel I had everrthing that was usual on board ship. I told Bachelder that he would get the same food as rayself. The food consisted of good salt beef and pork, hams, bacon, preserved meats, and i preserved fruit in ting and bottles. I had no live stock except poultry. I did not promise to furnish sheep or pigs. The flour was new, and just brought from Adelaids to the Mauritius; it was not sour. I asked them to bathe in salt water, as I might have a long passage, and the fresh water might run out. I did not stop their «upply of fresh water. I did not order the poultry that were sick and had died to be prepared for the table. I had corn meal on board, and so far as I know it was good and aweet. I eat some myself. I had molass«i on board, but no tar got to it. I did not have the tea and coffee grounds which were used one day stewed up the next day. I had preserved salmon, dried cod-fish and red herrings. One day C&pe salmon was put on the table, and 1 ordered the steward not to put any more of it on the table. • The red herrings were not rotten arid crawling with maggots. Bachelder did not offer me a sum of money to put the troupe in at Hobarton, nor did any one else do so. The cook never had occasion to : take the grease from the slush tub to mix with the hash. I had plenty of lacd up to within a day or two of our arrival at Nelson. During the voyage no one on, board ever made complaint of the victualling of the vessel. I brought some sugar down from Mauritius for Bachelder. X never heard complaint from any of the troupe until the morning I left Nelson, when I got the summons. I was lying in Nelson harbor about sixteen days. The sugar I brought down for them amounted to 466 pockets. There was a dispute about paying the freight. I allowed. Mr Sclanders to settle the matter with the troupe. . , . Cross-examined by Mr Harper: The troupt were to pay me £20 each for their passage, in all £120. I never iaid I would get them sheep or pigs. All the bread was made from flour on board, and the bread was eaten by the passengers. I will swear it was not sour. On one occasion the yeast was iv little sour. It was a good pbany days on the voyage when I asked them if they would mind bathing in salt water. There was always fresh water in the filter. The fowls lasted the whole voyage. For the first three Sundays there was roast tnrkey for dinner, and after that geese. I had spring chickens on board. Sometimes the fowls were made into pies, and 1 have seen members of the troupe eating them. I had the best of tea and coffee all through the voyage. There was fresh tea or coffee at each ineal, and sometimes chocolate. I never had a row with the cook for boiliug up the dregs ef the tea and coffee. I hav« had a row with him for not being ready with the meals. I never heard complaints of the grease being taken from the slush tub and made into hash. Sometimes they partook of . the soup. I remember the red' herrings being turned out on the deck to dry; th« best were not picked out to my knowledge. I was at sea when the evidence of the plaintiff was taken at Nelson. I left £10 to settle the case if I got a fair wind to go to sea, otherwise I would have stopped to have the case settled. No specified port in Nevr Zealand was named where 1 should land the passengers. Henry Wade: I am chief officer of the Annie S. Hall. The Bachelders were passengers from Mauritius. I was at the cabin table every day. I never heard any complaints on board as regards provisions; there was a little joking about the water, the captain requesting them not to take so much fresh water. I was not at the same table as the passengers. We were well stocked with provisions in the. shape of salt and fresh provisions, and had poultry enough to last all through the voyage. I never heard any complaints. I saw the herrings turned out on the hatch to dry; they were in good condition. By Mr Harper: I never complained to the passengers about the food. I don't know how many poultry were put on board. I reccllect the chicken pies and the hash; they were very good. I never heard of any grease being taken from the slush tub. William James Byrne: I was a cabin passenger by the Annie Hall from Mauritius I was always at the table except for the first few days. I always had very good food and plenty of it, and am not able to particularise the bill of fare. I never had any cause to complain and never heard any one else complaining to the captain. I recollect the captain requesting us to use salt water for bathing purposes. It wps a request, not an order; the water was not stopped. As far as I know, there was always plenty of water iu the filter. I recollect seeing the herrings. I remember hearing the Bachelder company complaining amongst themselves, but not to the captain. " {

Bj Mr Harn«: 1 know Mr Logan. He was afelidw.passengir; I remember going to see thena:iri Nelsoni It was at their request; i mean as a visitor. Ido nofctjrecollect what passed. It was not long before the vessel letfe.^; I, made, up! the captain's books on board. I said that I might sue the captain f or making up thabobka. ' lam not aware* of having said that I would wait and see if Bachelder was successful. I think we were 47 or 48 days on the voyage. I heard on the Saturday before leaving Nelson that he was going to bring this action. I did not expect to get fr«sh provisions. lam not going to Australia with the captain. Thomas Smith: I am second officer of the Annie Hall, from Mauritius to Nelson. I consider the was well provisioned throughout. I know of the provisioning of the" cabin pas-" sengers, as I took my meals in the cabin and had an opportunity of judging. I never heard any complaints on the part of the passengers. By Mr Harper: I never made complaints as to the quality of the provisions. I once heard Mr Logan say that he lived much better on board this vessel than the last.