RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XII, Issue 131, 5 June 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before L. Broad, Esq., X.M.] Fletcher v. Pattib. The adjourned hearing of this case took place this afternoon. Mr Pitt appeared for the plaintiff, and Mr Acton Adams for the defendant. The evidenca of the plaintiff was taken on the 2 1st of May, and was to the effect that he had been master of the cutter Maid o f Italy, m which he left Riwaka on the evening of the 18th of August, the weather being so thick and misty that they could not see

the Nelson Hghe. He went below eatly the next morning, leaving the seaman Paynter on deck. About thre« o'clock ha was awakened by the noise of the surf and Payntar calling him, and the vessel immediately went aground on the Boulder Bank. On the 244q August Pattie told him he was « off pay," and that he had better go to Riwaka, where there was to be a meeting of the shareholders. Afterwards Clarke was put in command, and on defendant applying for payment of his wages ha was told that the Directors did not mean to pay them. He had been sued a3 master of the vessel for carrying passengers without a certificate, and fined £2 and costs 6s 6d, besides which his lawyer's fee was £2 3s. These sums he now soeght to recover, together with £9, a month's wages, and j£9 in lieu of a month's notice. In cross-examination plaintiff said that he did not remember telling Macmahon that Paynter mutt haye been asleep at tha time. He never told Miss Swan that he would put the vessel ashore if he was dismissed. He had sailed amall vessels before, and it was not the practice of masters to remain on deck all night. W. Haddow who was a shareholder, remembered the meeting at Riwaka of which he was chairman. His opinion was that the plaintiff should be paid his wagai. This closed the case for the plaintiff, and the following evidence was taken this afternoon. Mr Adams, before opening his ease for the defence, asked that one of his witnesses, John Thome, might bo called upon to show cause why he was not present in obedionco to hit subpoena. Hi« Worship: Have you tendered him his travelling expenses in accordance with the Act? Supposiug him to b« a resident at the Port, to put it at the lowest, he has a right to threepence for bus hire. Mr Adams: Such a course is not customary in Nelson. He is a moat important witness, and his absence may imperil the case. Mr Pitt: If my friend'i case is imperilled by his absence, his best courae would be to submit to * judgment, and sue him for the amount. Hia Worship: That certainly is a short cut out of the difficulty. Mr Adams then explained that they had done all they could to secure the witness' presence. Mr Pitt said he never saw a case in which there had been such a muddle about the witnesses. There had been adjournment after adjournment to enable them to get their evidence together and siill they seemed aa far off as ever, and he should objact to any further adjournment. Mr Acton Adams then proceeded to open the case for the defence, stating that with regard to the month's wages alleged to be due he relied entirely upon the negligence displayed by the plaintiff, first, in sailing from Riwaka when the wa&ther was so threatening that he should not have left the port, and secondly, that he had no business to ba in bed as they were nearing the land. Robert Pattie: I am Secretaryof the Company. On hearing of the wreck by telegraph I came over and told Fletcher we did not require his services any more. We paid j Freeman Brothers £167 for repairs. No offer was ever made to Fletcher to take the post of second man in the boat. It was our intention previous to the wreck to dismiss him on the ground that he was incapable to command | the boat. Cross-examined: I went straight to Fletcher on my arrival in town and dismissed him aft once, and without making any enquiry. I did not request him to attend a meeting of Directors. Two days after the wreck I heard that Fletcher had threatened to pile the vessel up. I did not believe it at the time, but have since, as I have received corroboration of it. I have no recollection of aver recommending Fletcher as second in command. George Paynter: I was seaman onboard the cutter Maid of Italy when she was wrecked. I don't think it was a fit night for us to leave Riwaka. I took the tiller about one a.m., and steered S.S.E. to the best of my knowledge. The weather gradually got thicker. About three quarters of an hour before she struck I thought it was going to blow, so I called the captain and asked him about the course, and he said I was to keep on in the same way. I don't think the ! vessel could have been steered S.S.E. before I took charge, otherwise I should hare I brought her to the harbor entrance. Cross-examined : I don't know the pointß of the compass. I don't know what course the captain steered. I don't know what speed | the vessel was going. The only other vessel ; I was ever in was the Mermaid. I might have gone to sleep in her and got her ashore. [The case was still proceeding when we went to press.]