MAGISTERIAL.

South Canterbury Times, Issue 7071, 17 February 1893, Page 3

MAGISTERIAL.

TlMAßU— Fbiday, Fbb. 17th. (Before 0. A. Wray, R M.) BTBAY COWB T. McGrath, milkman, wae charged with allowing eight cows and a horse to graze on Wai-iti Road. After hearing Constable Draw* ford, defendant was fined Is a bead, and cautioned.

ASSAULT T SBa. George W. Bennie,first mate of the barque Araby Maid, was charged, on information, by John McLeod, A.B. on the same vessel, with assaulting him on the high seas on January 81»f. Mr Raymond appeared for complainant. There was a cross-information against tbe complainant for refusing duty since leaving Adelaide Complainant stated that he was in the watch on deck on Sunday morning, Tbe bell Lad struck to change watches five to ten minutes, and the other watch not turning out he went forward to see if the watch was called. The mate saw him and said '* One watch there at a time !”—meaning ho was not to go down until the other watch came up. Said “ I’m only gotag to see if tbe watch is not coming up.sir.” The mate said “ Don’t answer me back or I'll ram your.vrords down your throat.” Said u I’m only telling you I was going down to see if the wa 1 ch is turning out sir.” The mate then made a rush forward and r mtk him on tbe head and on the chest. D d uot return the bl >ws but pushed the mate backwards to the bulwarks. When they arrived at Adelaide told the captain of tbe aeaault, and asked leave to go ashore and complain to a magistral e. Ihe captain refused leave, and said he would do tbe same himself, and if the second mate (in whose watch complainant was) was a man be would bit him too. Defendant did uot cross examine, but said complainant's story was all false. To the Bench t The blows were not bard. Turued-to till they got to Adelaide, and had no more disagreements, but expected them, as the mate threatened to “ fix him up yet,” To Mr Raymond ; The captain said he was giving too much cheek ; but he gave no check.

Captain Stenhcuse, who was present, said witness was very uncivil to the officers. Thoe. Johnson and J. Irwin, A.B.’s, in complainant's watch, who were on the forecastlehead and saw the affair, fully corroborated complainant’s story. Both denied that Md.eod gave to the mate any cheois ; he spoke in a respectful manner. Johnston added that the mate began to take off his coat before striking, and that McLeod had a scraper in bis band, and when attacked he flung it away ; Irwin added that the two men fell in the scuppers, oyer thj bits, tie did not look upon it as a very serious affalfr ; he had seen worse than that sometimes.

His Worship ; A great deal worse I have no doubt.

This was complainant's ease. Q. W. Eendie, defendant, told a very different story. The watch below were late in turning out, and McLeod went into the fore* castlo. Went to the door, saw him inside, and called him out, telling him one watch inei ;e was enough and ho wanted him on deck. McLeod replied that it was eight bells and be didn’t see why ho should not go below, and then " turned round and began to give cheek.” Said he h»d finished his job. Touched him on the chin with the tips of his fingers and pointed to the foreca-tle, saying there was a job up there for him till be was relieved. Moi eod gave more cheek—could not remember the words.

His Worship : He spoke in an insolent tone ? Defendant : Yes. As soon as he was touched, complainant hit him in the 1 mouth with his left fist, and then struck him with hie steel ecraper on the ear cu'tmg it and making it bleed, and the blow from the scraper felled him against the rails. McLeod then caught him by throat, having the scraper still in bis band. The watch below then came out and pulled him away, when he said ‘ I’ll fis you yet,” meanit gthat he would take him before a magistrate ; but on second consideration decided not to do it To the Bench : Had no witnesses but the second mate, and be could not leave the ship. To Mr Haymond: The two witnesses called might have seen what happened, but could not have heard. Their evidence was equally untrue with that of the complainant, both as to the words and the blows. It was not his practice to touch men on the face when directing them to a job, but often touched them on the shoulder. Had a witness, the steward. His Worship: Why did you not bring one of the crew to corroborate your statement ? Witness ; The second mate was there but he could not leave (he ship. Jumee Kitchio, the steward, swore that from the cabin door he saw McLeod grab the mute by the throat, with the scraper in his hand. When the mate came aft his ear was bleeding, and he said McLeod bad struck him.

To Mr Raymond: Had had a disturbance with the crew. They complained to the captain on one occasion of being short supplied whh food.

Robert Stenbsuse, the captain, gave com* plainant a bad character for incivility. Me stated he did not allow McLeod ashore at Adelaide because be did not complain till the ship was about to leave, and he told him be would see a magistrate at Timaru. Ho only called at Adelaide for orders. McLeod de tained the ship one day at Bio, by going to the hospital when there was nothing much the matter with him. Ho had done no work since leaving Adelaide. In cross examination the witness said the mate could have brought some of the crew as witnesses if he thought it would have done him any good In reply to the Bench he said he told McLeod ho would not discharge him at Timaru, he would toke him Homo in irons first, and be would rather do that. That was the usual way-

His Worship said the assault was a very trivial one and the mate seemed to have got more than be gaveMr Raymond said it was on extraordinary thing that the only two men who saw the occurrence fully corroborated the complainant’s storyHis Worship (smiling.) ; But you know something about sailors. The mate had no business to lay a hand upon the man, but be seemed to have got very much the worst of it. If the man was wise he would go on board and turn to. He was not only losing his wages but subjecting himself to pretty harsh treatment. (To the Captain) :If he would withdraw his charge and promise to turn to and behave Himself, would you withdraw the charge of refusing duty ? Captain Stenhouse said he would, and Mr Raymond after conferring with bio client agreed to thi«His Wori-hip advised complainant to go on board and make up for the past by doing his work cheerfully, and keeping a civil tongue in his heads