CHARGE OF SMUGGLING AGAINST THE CAPTAIN OF THE EDINA.

Southland Times, Volume III, Issue 6, 20 November 1863, Page 2 (Supplement)

CHARGE OF SMUGGLING AGAINST THE CAPTAIN OF THE EDINA.

, On Saturday, at the Melbourne, 'Police Court, Captain John T. Rolls,' of the steafaship Edihaf appealed on- remand, to answer a' summons charging "him with having unshipnedJlcCTtain goods 'which' 1 were liable to'dntyp^? '"'"' ->/ - '*■ William' Henry Juad was sworn, and stated that ', he was ( steward "on~ t board the ; Edina. She^ariived >In this port , on - the >6th of October.. On the. 10th of October in accordance with tire Captain's order, he fetched a cab and took away- some clothes and a keg to fhfe* GaptainVnouse. There we're two cases put in the cab, one like a -gin case and one like' a brandy case. 'He took them io the house and there saw the captain. , Frederick Hobbs the fore-cabin steward of the Edina, remembered one -day at the commencement of October 'accompanying J udd in a cab to- the captain's, .house. They had some cases them along with some of the captain's clothes. \ This constituted the -case for the Crown. Mr Bayne, on behalf of the .defendant, contended nothing liad been "elicited^ 0 show that the cases f remo ved' from the ship' contained spirits, and asked' the 'bench on these gttmuds to dismiss the summons. * .. The Bench considered that the onus .of proof rested with "the defendant to~show how the spirits had come into his'possession; in the ahsettce'of which'a fine of 1 L25 was inflicted. - ' ' - j JM* Bayne gave notice of -appeal. A second information was lodged hanging Captain Rnfls ''witfritntawiully anj knowingly making a report in pursuance of the 40th section of the Customs' Act,', 1857, the particulars -of which report he then knew to be I false.' w ' /* > ' Morris H.*- Knevitt, stated he was "an officer ef. H.M. Customs, and searched* the Edina on the;pT3viodsday.'ne, wept iritb] the fofe cabin,: and -search ea/ under thb berths and saw .two cases of geneva. He , called the Stewart down below,! and told him he was an ofiicer of customs, nnd re- ' quested him to open his pantry*- He did so, and upon searching it found one keg of rum, a keg containing a small qaantity of brandy, three bottles geneva, two of whisky, three^ffallons of beec- The two^. full cases of geneva uere duly reported/ but none of the last named , articles have heen reported! ' He was, .talking to one.of the stewards, in tthe room when the ma'e came in, and .immediately called for certain keys to loc'c two cf the aft r cabins. -He told him he was an ofhceVof ' customs, and,, wanted, to^gq JntoT those cabins. .The mate.refused to^allow him tb do so. He then Wled up the cabins, and v went to report taC'^t Down to hat he-had : done. Opo» his -return to-the steamer these cabins were opened* He < found i £Othing„Jft jthem. next v«ifced the after part of the ship and ordered a hatchway, which ..was locked, to be opened/ After some little delay the stewaid brought" j the key. He went below, an I fi'ojmt what he saw, fetched the landing suive)or. In ; his presence, after-removing a^argeqlian- ' tity of ship's stores, he found six cases of geneva marked Z over 2?5',y five cases, ' of whiskey, marked JE, over 217 No 1 ; an ullaged quarter caskrof^bmiidy, marked %^ over 83<>, No 88. These articles we seized \ and removed to the Q,ieeu's warehouse He produced the*,. Customs warraittLhy ■ which these goods I'were1 ' were shipped Mn- the 1 Edina, andkhe .ostffard'nianifist ,of J.bf ' ship, ii which they are included. The captains report produced (inwards)'^contains «o mention o? them. - - - - - j By Mr Bayne: The captain?" Was not present at any portion of the time, and wa's not aware of what w'a< going on*.' - f Wm. H. Judd was called for the defence, and stated he liad informed Captain 'Rolls' on the oth inst., after the ship had been searched pn the first occasion, that goods were, on board which were not ' reported. had charge of <the stqres,*antlj never was, until that time, asked any-' thiegjabout.them.- When the captain arrived, he did not tellhim what spirits were onlioard. N "* '- <■ J\ In, reply lo fttv* Down, jthe Landing Surveyor, witness stated the captain found > the ship in spirits ; and the skirits that he (ihe witness) disposed of he kept an account, buthe'had not settled up "with the. captain for this trip. _. j - x 1 *Mr Bayne urged there was]poihing that could connect his client with having wilfully evaded the, Act.* r.„ y.Y r ?,* jzs !__ The Bench considered the offence proved, and inflicted a fine of £100. Mr Bayne, as- before, gave^jiotice of appeal Both fines were, pud previous to the defen dantleaving the Court.—: Melbourne Paper