Local news.

Colonist, Issue 71, 25 June 1858, Page 3

Local news.

POLICE COURT. Wednesday, June 24. Before J. Poynter, Esq., and a Bench of Magistrates.

. Night Charge.—Captain John Macdonald, of the barque Camilla, was brought before the Court charged with being drunk and incapable on the previous night. Thomas Fagan, chief constable, deposed to finding the prisoner lying on the' beach with his hat, •#atch, eye-glass, &c., scattered around him. He endeavored to persuade him to go on board, but he refused, although he (the constable) hailed his vessel, which was anchored near, and suceeded in getting the boat brought ashore. He was however obliged to leave the prisoner under the care of the ship's boys who had brought the boat, while he procured a cart from the town, in which as the prisoner was incapable of walking he was conveyed to the station house.

.The prisoner stated in reply to the usual question from the Bench that he had suffered a great deal of depression during the day, and that he was affected by that and not drink.

Chief Constable Fagan however stated, in reply to a question from the worthy Magistrate^ that the prisoner was very Unmistakably drunk. Fined iOs., and costs. On "the conclusion of the above ea?e, Captain Macdonald appeared as prosecutor in a case which had caused considerable excitement in the town. He (Captain M.) had laid an information against several of his crew for disobedience of orders, in consequence of which they had been confined in the cell along with their commander, who had.arrived the night before on the charge of drunkenness.

The case was formally opened by Mr. Kingdon, who stated-that the defendants, Win. Champion, boatswain; James Donohue, carpenter J Albert Simmons, cook ; Alexander Castor, able seaman ; Peter Heslop, able seaman; Robert Wales, able seaman; and William Davidson, able seaman, were charged witli continued disobedience of orders, and neglect of duty. The learned gentleman read extracts from the ship's articles, and was proceeding to call Captain Macdonald to prove the neglect, when ■Mr. Travel's, for the defendants, stated that he was prepared to admit the offence, and that it was in consequence- of advice received by the men from himself,...that they had thus acted. The law was, he stated,'not sufficiently clear to allow the men to proceed against their captain on charges which he should adduce in evidence, and he had therefore wished them thus to force a judicial notice of the proceedings and habits of the captain during his unusually long passage from London to this port. He should be able to prove,, he hoped to the satisfaction of the Bench, that although the men had legally no right to refuse orders, there had been such' a moral breach of contract between the captain and his crew, as would in the eyes of the Magistrates amount to an almost actual cause of disobedience. The men were, he fully allowed^ to reasonably expect any usual or natural risks such as sailors' lifes are subject to ; but he argued that a heavy and increased,risk of life from the ineonipetency and carelessness of a master of a ship, should enable the men on reaching the port of destination to obtain redress. From the way in which the vessel had been commanded, or rather not commanded, during her passage, it was rt miracle that she had ever arrived at the haven of Nelson. He then offered that the men should go on board and resume work on their being allowed the privilege of taking 'further legal proceedings.. After a few remarks from the Bench, the learned gentleman proceeded to produce the evidence fay calling Mr. John William Tatton, who

declining to take the oath as contrary to his religious persuasion, proceeded, on affirmation, to give the following evidence.

By Mr. Travers: I am the medical officer of the barque Camilla. I had during the passage frequent opportunities of observing the conduct both of the captain and the crew. The passage was a very protracted one. We called at Hobarton during it. The voyage commenced on January the ]2th, and terminated on June l'9th. The reason why we called at Hobarton was that we were very short of food and water, and had been so for a considerable time. During the passage I kept a log. The captain when sober was very attentive to his duties, but sometimes for days together was intoxicated. I had during the passage to treat him for delirium tremens. On the sth of April passengers and crew were put on short water, two quarts only being supplied per adult. Previously to arriving at Hobarton the captain had been intoxicated for ten days together, and that at a time when the vessel was suffering from the loss of her maintopmast and several other principal spars, during a gale of wind. The captain did not attend to the repairs, but left it to the crew and passengers. There was at that time a chief officer on board, who left the ship at Hobarton. The reason why the captain did not attend to the repairs was intoxication. The captain had a quantity of ball cartridges in packages in his own cabin. On the sth of April he threatened, while holding a packet of cartridges before myself and Mr. Martin, a passenger, that rather than put in at the C;t|>e of Good Hope for supplies, he would put a light to the parcel and blow the ship to the devil. lie was then recovering from a tit of intoxication, but sufficiently competent to know what lie was about. Oij arriving at Hobarton the men complained'of this, and would proceed no further until he had given up all powder and combustibles to me. The whole crew, together with the passengers, had felt considerable alarm in consequence of the captain's threat of destroying the vessel. The powder is now in my possession. After leaving Hobarton, the captain was very attentive to his duties, and always sober. He loft Hobarton the last time on June the 9th. The ship had left Hobarton once before, but. had put back in consequence of the captain refusing to take any further charge of the ship, and giving up command to the mate, who brought the ship, into the port and delivered her into the charge of a government pilot, who took her up to Hobarton. The captain was at the time of giving up command intoxicated ; he was not very, but the effect of spirits was perceivable. For the first part of the passage the character of the provisions was good, but for the latter part bad. (The learned gentleman for the defence here read an extract from the log-book, by which it appeared that the meat and biscuit of the ship had been surveyed by ♦he Customs here, and condemned as unfit for human consumption.) Examination continued: After leaving Hobarton the captain navigated, and the crew were very attentive. There were no signs of insubordination whatever. By the Bench : I have left thevessel as far as my duties are concerned. Cross-examined by Mr. Kingdon : The captain was not continually pestered and bullied by the passengers to go into the Cape of Good Hope. When all were ill and suffering they were told they must eat such food as was on the cabin table, or go without. I was myself very ill, and in consequence nearly starved. So bad did the passengers become that I expected death to occur. I was appointed medical officer by the charterers in London. I made. frequent application, but could get no information, as to what medical comforts were on board. I repeatedly asked, and made a list which I forwarded to the captain of extras which I considered necessary. In consequence of not being able to get any information, I applied to Captain Lean, the Emigration Officer in London, but.the owner hurried us away the day that a letter from all refusing to proceed to sea was forwarded to Captain Lean. The vessel was left in. charge of the mate during the captain's fits of intoxication. I applied at Hobarton to the Emigration Officer, who gave me a certificate of my having applied to him. (Here the witness handed the certificate.to-.the Magistrate's clerk, who read it to the court.) At Hobarton I also applied to Lloyd's agent to remove the captain, but he had not.the power. He asked me if the captain was mad or drunk. We should all have left the vessel at Hobarton, if we could have got our pi'operty out of the ship.

At the conclusion of the above evidence the worthy Magistrate remanded the case until this day (Friday), at 11 o'clock, when he will give his judgment.