RESIDENT MAGISTRATES' COURT, PORT CHALMERS.

Otago Daily Times, Issue 108, 21 March 1862, Page 5

RESIDENT MAGISTRATES' COURT, PORT CHALMERS.

Wednesday, March 20. (Before E. Musgrave, Esq., and Capt. Thomson.) The Disturbance on Board the " Lady Young." Win. Hall, carpenter on board the " Youug America," at present lying at Port Chalmers, was charged with unlawfully and with force hindering Alexander Mullen, chief officer of the ship " J.ady Young," from the discharge of his lawful occupation. The defendant denied the charge.

Mr. Cook, solicitor, who appeared for the complainant, Capt. Morrison, master of the " Lady. Young," recapitulated the circumstances as related in Caj)t. Morrisou's letter which appeared in the Times of this day; and quoted the sections of the Act bearing upon the offence with which the defendant was charged. In evidence, he called Alexander Mullen, who stated that, as chief officer, he was on duty on Sunday last on board tho " Lady Y011115." In the afternoon of that day the accused came to his cabin, on what professed to be a friendly visit—he (witness) having previously known him on board the " Young America," when an officer on that vessel. He sat down in the cabin and conversed with the witness for a few minutes in a friendly way. On leaving, he (witness) went to the gangway, and the accused walked forward to Alonzo Merchant, officer on the" YoungrAinerica," who was also on board. Immediately Merchant came up to him, and asked him if he wanted to see him. Witness answered that he did not, when Merchant challenged him to fight. Witness declined the challenge, as"there were ladies on board, and ho did not wish to have a row ou Sunday. Merchant then struck out, and hit him a blow in the face. The accused was at that time ten or fifteen paces distant from them. A general fight ensued, in the course of which the witness had hi face considerably, cut. The crew and passengers congregated about them, and subsequently Merchant jumped overboard. When the fight was thus terminated the accused stated to the witness that he had nothing- to do with the affair, and did not wish to come on board the ship. He saw 110 weapons used, nor any in possession of the parties. Tho accused and he'had always been on good terms, and had had no quarrel. George Morrison, passenger on board the. Lndy Young," stated that he was writing letters in his cabin'on Sunday last, when he was disturbed by a noise on deck He noticed the accused go into the chief mate's cabin, from which they came out together after the lapse of some minutes. Immediately afterwards he heard the sroond officer of the " Young America" challenge Mullen to fight, and, on going out, saw tlie two fighting, while the accuse:! stood alongside, in close proximity to the parties. From his position he appeared to be Merchant's backer, or second, in the fight. At least, he was prominent in the crowd assembled, and did not interfere to prevent the fighting. In the scramble Mullen had his shirt torn off him, and there was blood upon his face. The fourth officer, as well as the second officer, of the " Young America" struck Mullen: the accused did not, and after the fight he asked the witness to intercede for him with Captain Carlisle of the "Young America," and to state that he had nothing to do with the disturbance. He could not say that the accused was drunk, but he smelt very strongly of liquor. . Capt. Morrison, of the " Lady Young," stated that on Sunday last, about 3 o'clock; he observed a boat belonging to the " Young America" come alongside his vessel. About 20 minutes afterwards he heard a great noise on deck, and on going up he found his chief officer, Mullen, fighting with Alonzo Merchant, seeoud officer of the " Young America," in the midst of a general scramble. The accused was among the crowd, held by two of the witness's crew, but he did not see him do anything, as he was paying particular attention to the two who were fighting. ' The accused came to him afterwards, to impress upon him that he had nothing to do with the disturbance. He was subsequently removed in his own captain's boat. . John Harrington, seaman on the "Lady Youug, stated that the accused was the first to come on board on the day in question, and that he was followed by the two others, who, previously to coming on deck, took off their coats. On coining 011 board, the nccused went to the cabin of the first officer, while the second mate of the " Young America" went forward, and asked if there was a man on board game to fight one of his boys. He also challenged every Britisher on hoard, fore or aft, to come on to be thrashed. While this was going on, the accused and the chief officer came up, when the accused came forward, and said to Merchant, " Here he is, now; pitch into him." A fight and a. scramble ensued, and, as the crew were trying to put the intruders into their boat, the accused struck one of the men of the "Lady Young." He saw no instrument in the hands of the parties. John Clayton and Richard Ackland,_ passengers by the "Lady Young," corroborated this evidence, stating distinctly that, on the accused and Mullen coming out of Mullen's cabin, the accused came forward to Merchant and said— " There he is now; go at him;" and that immediately afterwards Merchant made the assault described, toying, as he advanced to Mullen, " Now we'll settle old grievances. The defendant's statement was, that on Sunday he had occasion to leave the " Young America," in the ship's boat, when the first and second officers wished to ]oin,him. He could not object, and they went on shore and had some drink, and on rowing off to the " Young America," they wished to go alongside the *' Lady'Yom" " They went on board that vessel, and'he (the defendant) wont to see his old shipmate, Mr Mullen On leaving, he never said what the witnesses alleged, but went forward-to Merchant, only to ask him to go on board his own vessel. He called in evidence John Brown, one of the boys 111 the boat, who so far corroborated him, but stated that after leaving the shore, Merchant aud Wilson expressed their de- j si"n to go on board the " Lady Young, to thrash Mmlen. . ' 1

After some further evidence from lads in the boat, who had never heard any threats against Mullen,

The Bench considered that tlje defendant; was ol early accessory to the, outrage, having, in their opinion, done everything in his power to urge on bis fellow-officers; and he was sentenced to six weeks imprisonment, with hard labor. Sergeant Burns reported that, though a constable had proceeded to Dunedin, and mnde diligent search for them, he had not been able to serve the warrants on the two others accused.