THE BARQUE "SIMLAH." INSUBORDINATE CONDUCT OF THE CREW.—IMPORTANT DECISIONS UNDER THE NEW MERCHANT SEAMEN'S ACT. (From the (Hobart Town) "Standard of Tasmania," Aug.18.)

New Zealander, Volume 7, Issue 563, 6 September 1851, Page 2

THE BARQUE "SIMLAH." INSUBORDINATE CONDUCT OF THE CREW. — IMPORTANT DECISIONS UNDER THE NEW MERCHANT SEAMEN'S ACT. (From the (Hobart Town) " Standard of Tasmania," Aug. lB.)

It will be seen by our Shipping Gazette, that tbe Simlah put in at this port on Thursday, in consequence of the mutinous conduct of a portion of the crew, and the peril to which the ship was thereby exposed. On Friday the Police-office was thronged with persona anxious to witness the proceedings instituted against the offenders by Captain Charles Robertson, for whom and the owners of the vessel, Mr. A. Peny attended. A great number of the passengers were also present. The «ase against Henry Miller was first gone into being a charge under (.he second part of sec. 78 of 13th and 1-lth Viet. cap. 93 entitled "An Act for improving the Condition of Masteis, Mates, and Seamen, ami maintaining Discipline, in the Merchant Service," for that ''he the said Henry Miller being an articled seamen of the I3iitish Ship Simlah, did on the 12th day of July last, while on service unlawfully assault Edward Nottingham, the first mate." W. Watchoin, Esq., J.F., assisted the Police Magistrate in adjudicating. The Official Log-Book, kept in the form sanctioned by the Board of Trade, was produced, showing the entry of the alleged offence, and the Chief Officer deposed to the facts therein recorded, winch, in substance, were admitted by tbe prisoner. As the Log speaks for itself, we subjoin pait of the Entry for tbe day in question, July 12th by the Chief Officer:— " At 2 a. m., waking suddenly, found Henry Miller, ueainan, one of the deck watch below in the after part between decks, in the act of closing the store-room door ; upon asking him who that was, he made a quick exit up tie stairs, and through the cuddy. At about 3 a.m., heaiing unusual noises in the cuddy, went up, but found nobody tbere then; was joined by one or two of the cuddy passengers: ma few minutes the Cuddy door was opened, and Henry Miller, made his appearance. I asked him what he wanted ; he said to see what time it was. I accused him pf being below for on unlawful purpose, stating that I had seen him theie, which he denied with bitter curses: we all taw that he was quite diunk, the uproar he made caused most of the cuddy passengers to turn out, as well as the master. Henry Miller still continued his abusive language and threatened to do for me ; most of the ship's company came aftj At 4 a. in., Henry Miller went forward, and everything became quieter. Found 4 hams nnd 3 cheeses outside the store-ioom door, lying on the deck, when Miller ran up fjom below, after dropping the padlock and hasp, which in his haste he had let fall ; put them back into tbe storo-ioom. At 10, 11. Miller came aft to the poop to the master and myself, and asked if I persisted in accusing him of entering the storeroom ; I told him I did ; upon which he knocked me down in presence of tbe crew." The Magistrates deemed the assault substantiated, and thought it°aggravated by having been committed in the presence of others; tbpy therefore inflicted the full punishment allotted by the Act ot Parliament, namely ;— 12 weeks' imprisonment with hard labour, in the House of Correction, a forfeiture of wages accruing, due from the time of the assault, and *o pay costs. Four other able seamen ut the Simlah, namely, Ihoroas Pnddon, John Walker, William Hobley, and John James Bloom, were then charged under the 4th part of the same section of the Act, witb " Continued wilful eglect of duty ;" to winch they pleaded not guilty.

Hhp Captain proved, and the chief officer cor, oboi -Hod, the complaint, showing that from the Qtb May to 14ih instant, tho prisoners had systematically acted in a negligent and insubordinate manner ; the officer had to repeat the ordets frequently, and the master was compelled to get up at night to force the men out of tho forecastle; they were never present when wanted. The " Official"' Log, which vims again referred to, proved that at the time of the assault by Miller, these defendants, while under the influence of liquor, agreed '* to do something among themselves," in consequence of which the passengers were alarmed ; hut the prisoner Pdcldon told then thpy had no ncfht to interfere, and said he would have done the same as Miller, (that n, knock clown the Mate) if he had boen accused as he had been. They were evidently banded together for riot ; but the master thought it advisable to let it pass off. In the afternoon of 13th July, a quantity of bottled b^er was stolen, and the prisoners got diunk; the passengers were called upon to help to work the ship ; while one of them was helping to reef topsails the prisoner Wallier Kicked him on to the deck and endangeied his life. Tn consequence of those proceedings the pas. sengers h;id to form n watch for their mutual protection ; and the Captain whs obliged fo put in here to all ,iy the terror of the passengers, particularly of the femalps and children. lie considered it a most fortunate thing that they got here at all. In answer lo tho accused, Captain Robntson said he had to wait double tho usual time to reef topsails, but he bad religiously avoided threatening the men. Mr. Nottingham (chief officer) said tho captain's statement was within bounds ; he had been twenty years at sea, and declared he never snw a party of men behave in such a way before. W hen asked by the bench if they had any witness to call, one of them appealed to the passengers to speak in their favour but no one obeyed the call. Walker then veques ted a Mr. Shaw to come forward; but as Mr. Shivv appeared more ready to confirm the evidence of the officers that gentleman remained where lie was. Their Worships said, considering the numher of passengers, the crew out to have been additionally caieful. They hoped the punishment, (which iras different und<?r the New Act than foimetly) would prove a caution to men in their situation ; and then adjudged a sentence of 12 weeks' imprisonment with hard labour in the house of correction, forfeiture of a month's wages, and payment of costs. The decision in this and the previous case was then entered in the Official Log as directed by the 86tb section of the New Act.

Weaiher at Abcklvvd, duiung August, 1851. Fine clem Cloudy Showeiy Wet duvs. days. days. dd>s. 12 1 17 1 A large proportion of the showery clays this month have been squally or stormy ; five mornings weie frosty, and ou two days it thundered. Temperature — Before sunrise, greatest height observed 53°, lowest 30°, about 1 p.m.; highest 55°, lowest 44°; about 9 p.m. highest 55° lowest $9°, In. the corresponding month of last ypav, there ■were 12 fine days, 3 clear days, with high wind, 2 cloudy, 12 showeiy, and 2 wet days, 3 of the fine days were frosty. R. B. L.