RESIDENT MAGISTRATE'S COURT

Southland Times, Volume I, Issue 42, 3 April 1863, Page 2

RESIDENT MAGISTRATE'S COURT

(Before M. Trice, Esc., KM.) Tuesdat. 31st March. Diut.vkf.nnf?s. — M.iry Ann Anderson, 1 Charles E. Price, Robert Frost, anrl Francis Murphy were fined for the above offence. j A C? Uk. — It. P. Winter was charged by Win. .\'<. <\g with stealing an la- | verness wrapper, valued at 20s. Sentenced to two months' imprisonment, j Weonkspay, Ist April. Fighttxg.— John (-ilyan and John Andrews wore charged with eventing ■••. disturbance in ! the puhtie street. Fined 40s each or seven I days' imprisonment. I | Assvri.T. — John CYeicrhton, for assaulting j acon^tableand making use of obscene language ■ j w.is ft ned 10s. Diutxk. — Harry Marinn, a foreigner, for being chunk and disorderly, was fined 10a. j I I Thursday, 2nd Aphii.. Indttf.nt Kxposuke. — James iCrown was fined 20s for the above offence. J IJMJFF 11 ARBOR. (Before J. N. Watt. Esq.. JIM., and F. i Jawkson, Esq., J.P.) | TITiUISBAY, 2r)TH MaHCH. James Curran, Charles Van Aten. and James Ryan, seamen of the barque Midas, were b ou"ht up in custoriy of the police, charged by W. S. Hedstroin, the captain of tin- ship, with wilful disobedience to the lawful commands of the master and mate. The defendants worked their passages from Sydney, and were to receive the nominal wages of Is per month, and to be discharged in the Bluff Harbor, -after the sheep, with which the vessel was laden, had been landed and yarded ; to which stipulations thoir ficrnarures were ie:-pective}y affixed in the ship's articles. Defendants stated that tho verbal arrangem.it made with th«m was that they were to T j discharged on the completion of the voyage, aid that nothing was [ said about landing the sheep ; but it appeared that at the lime they refused to work the vessel was temporarily anchored at the hea^ -, the wind not being fair f-»r her to fe -h the anchor- 3 within the harbor. The Co in : It is cnrieit even from the statement of the defendants that, their tern of service had not expire I',1 ', but as they had apparently ac'ed mo.c in ignorance than wilfully ami knowingly wrontr, t!ie sentence would be lenient. Imprisonment for seven days, with hard lab .t. Saturday, 2Sth Maucu. (Before J. N. Watt. Esq., K.M.) Bray ton and Co. v. Hugh Swan. — This was a claim for £4, balance of account for seven .-sheep sold to defendant, and for which Le was charged 30s c«h. Defendant admitted 1 driving purchased the sheep out of the Robert Passenger, but stated fhat he was to have them at the pi ice at which the cargo was sob. 1 . He had off r^d to pay 25s per head for them. Jacob Wagner, servant of Brayton and Co., depose] that he sold the sheep to j defendant. He was to hue them at the ' price the others were sold for ; some had been sold for 40s, and some for 30s. \ >c greater part of the flock remained on board, r-iil might not be sold for months. Mr Watt: The bargain was a loolish one on both s'dirs ; he should alio-.v 27s 6d each for the sheep, and divide tho cots.

Augustus Barret, of the barque Midas, was charged with violently assaulting and attempting to throw overboard the chief maie i n the 27 th inst. Wm. Jus. Morgan <*eposed that the defendant was smoking while l>e should have been, at work. Told him repeatedly to put his pipe down and le ue off smoking. He lefused, and usi_d indecent language, whereupon. I attempted to take the pipe out of his mouth. lit then ran with his head against my breast, and tried to force me over the ship's side. I held on to the rigging, which alone prevented me from going overboard. The captain came to my assistance and rescued me. I was about nine or ten feet fronr the ship's side when the prisoner struck me with his head. Ciossetamined by the defendant : Did I strike you ? —You attempted to do bo several times. Did jou strike me when the captain had me down?— l believe I did. N. S. Hedstrom. master of the vessel, corroborated the evidence of the first witness so far as related to what pass«d After the defendant bad closed with

the mate, feat did uot see the commencement. Joha Williams, ,chppherd on boaid the above vessel, corroborated so much of the evidence of the fi st witness as related to what occurred befoe defendant closed wth the mate. He then went av?ay and saw no more of the affair. The cKendant said that the captain knocked him do m with a pisae of wood about 8 feet long, and t')en held hi -.i whilst the mat? struck hrn move than once. He called James Duncan, Donald M'Ttay Shepherd, and John Rowe, seaman, to give evide 1 :e in his defence ; they severally cor oboraten* the principal facts of the cr» c as stated, for the prosecution, but imputed more violence to Jthe mate, f^nd could not say that dVen<iant"*trled to fßrce the na c overboard. They were wrestling, and one was as near the water as the other.Mr Watt — In tVs case.the, mate appeared to have comm: ceil c asssMi't, and also to have strut: ; !he hist blow. The charge could not be sustain^ 1. but tVie defenilant's wil'ul disobedience had been the chief cause of the affray, pw\ for that he should sentence him to 14 days' imprisonment, with h^rd labor.

•iohn Allen, of the barque Midas, seaman, was charged with wilful bre.^H of du'y on board the Midas, en the 2"ih insran", in throwing the chief mate, TVm. James Morzan, over the ship's si te, and thereby endangering the Lfe and 1 mbs of the s'nl Win. Junes Morgan. Defendant pleaded guilty. He was - ehuf iori d that the pea of " guilty" would he of no adv-7it;i;'e to him. He declined, however, to withdraw it. Mr Watt — Although the defendant pleads ','iilty, as the Comt h<-s a d ! ■ ?. etionary p. v.-or t the Evidence rrust b; taken, in order to juige of the punishment to b 3 awarded. Mr J. Morgan deposed — Between 9 and 10 o'clock yest rday morn-;..;. I had a scuffle with another sea- an, An ;_n tns "Barrett, and af.>" the sc«2e [ t;;iw deien'la. t coming toward" me wi;'i a piece of wood in Irs h ind. It was a piece of KC.'.n'Jin;: about five fc-t long, which he lift: Ito . ike me owr tlie head, but the carpenter came behind him at the time and took it out of his hands. He (the defendant) the.i rushed r . i c with his fists, and lifted and forced me. together over the ship's side. We we c both on the hurricane deck at the time, and I f< 11 on ihe gunwale of an empty punt n!on-v- : de. Tn f ' iir: I caught hold of I'.e fore brace, which Ur '.cc the force of my fall. The hurricane deck was about 18 feet above the gunwale of the punt. lam much bruised, both externally and internally, and am now in great pain. I had no words or flisatreeirent of any kind with the prisoner before this. W. S, I'edstrom, the master, and Archibald M Eachei l, third mate, corroborated the evidence of the former witness, and stated t' ,t he was so much injured that lie could nnt g_t up the ship's side; he was obliged tc be hauled up. The defendant said he had nothing further to say, but that he did not lii't a stick to strike the m ie; he declined to call any evidence. Mr Watt — In this case the attack was entirely unprovoked, and the complainant hid b c.'i cowardly taken at a disadvantage. He should inliict the fu:l punishment of six months' imprisonment, with hard labor.

Isaac Bond, John Rowe, John Leith, and James Col man, of the barque Midas, seamen, were sentenced to six weeks' imprisonment, with hard labor, for wilful disobedience and refusing to work.