THE NEILLY.

Colonist, Volume III, Issue 269, 18 May 1860, Page 2

THE NEILLY.

In our last issue we referred to a case in the Magistrate's Court, where Thomas Orfeur, master of the barque Neilly, was charged with assaulting two of his crew, John Dennis and William Lundwell, and the case was adjourned until next day. i The testimony of the latter complainant was that on the 31st March last, at 10 o'clock in the morning, lie was at the wheel, he was told to keep tlie vessel off two points^ he did so, and she came up half a point; the captain then took him by the throat and nearly choked him. On the 16th April, at 2 a.m., he was at the wheel, it blew a heavy gale of wind at the time; the binnacle light went out and the compass capsized ; lie was told to steer by the moon, which he was to keep on the starboard bow, he did so till a cloud came over the moon, when it cleared off the moon'was ;on the - port side; the captain then struck him with his fist on the mouth and nose, which;bled very much, i Complainant had been in the habit of taking the wheel at the captains request, although only an ordinary seaman. Several witnesses substantiated the fact of the assault. At the second examination on Wednesday. J Francisco Klunk, cook and steward, saw the captain strike Dennis on the 28th of March, betw. en ten and eleven o'clock; his eyes were swollen. The sextant on the poop had got wet by the shipping of the sea, when Dennis called out to the i captain that the sextant was wet, the captain then took Dennis by the throat and shook him; not very much hurt, but both eyes, black. It was.no I fault of Dennis's. Did not serve him right. The captain declared that it was purposely done to j spoil his instrument, and that Dennis was smiling. The captain said the weather was good and tlie ! vessel free and smooth. j Mr. W. Cross, boatswain: Saw nothing at the time, Dennis told him of it. Next day saw one of ! his eyes swollen but not black. Weather had been . bad but had moderated. Captain generally complained of the conduct of Dennis, at the wheel, Cannot say whether the bad weather or the bad steering was the cause ofthe sea being shipped. It was the only sea shipped during that watch. \ The captain said that more seas were shipped while Dennis was at the wheel than at any- other time. He purposely altered the course ofthe vessel out of mischief. He might'have touched him when he saw the sextant wetted, but did not strike him a second time, nor did he strike iri the eye. He had no black eye. Considered him incompetent as an able seaman, for which lie shipped. He steered across the sea intentionally continually. The magistrate said this was a paltry case, and fined the captain Is. and costs. The captain's defence on the charge made by Lundwell was, that he did not strike him, he was rather fond of the young man; he pushed him from the wheel, but was quite unaware of hitting him. W. Cross said that he saw blood on his nose; mouth all over blood. "' The magistrate did not think much of the case, but must uphold the majesty of the law, as it was called, and fined the captain ss. and costs. Sydney Wilkes (18) complained that the captain struck him while at the wheel, and sent him away. Struck him across the shoulder six or seven times. He was black and blue, and could not lie clown in his bunk. His back has been bad ever since. . Dennis said that the captain knocked Wilkes down and gave him the ropes end. ! The magistrate made some remarks on the necessity of punishment in many cases. On the following day Theodore Webb, Win. James, John Smith, John Dennis, and Wm. tundwell were charged with disobedience of lawful commands, and sentenced to be imprisoned three weeks with hard labor. Chamber of Commerce.—By an advertisement in our columns it will be seen that the Chamber of Commerce will meet today, to discuss one of the most importa.it points in our trading and social transactions—namely, the imprisonment for debt, with all its demoralizing influences; conveyance of real property; and the despatch of mails from our post. Every member of that body should make it his 1 duty to attend, and assist in such matters of vital importance. Friends from England and Germany.—The good ship Anne Longton is shortly expected, with a number of immigrants, who have been sent for by their friends out here. DISTRICT COURT. Tuesday, May 15, 1860. (Before his Honour the District Judge.) Hollis v. Harley.—ln this action the plaintiff sued the defendant for repairs done to a house now occupied by plaintiff; but as no specific contract had been made between the parties to make such repairs, the plaintiff was nonsuited. Mr. Kingdon appeared for the plaintiff and Mr. Adams for defendant. Caddell v. Tracers and Gentry.—As this case could not be .tried in the District Court, owing to the Judge of the Court being one of the defendant?, it was agreed that it should be settled by arbitration ; and Mr. Oswald Curtis was named as arbi- j trator. ' Green v. Campbell, £53 Gs. 6d. Judgment for plaintiff, with costs. ' Inman v. Bush, £41 19s. lid. Judgment^ for plaintiff, with costs.' Barton®. Dencker, £60. Judgment for plaintiff, with costs. '"'... Beit v; Parker, £20 13s. 6d. Jiidgmentyfor plaintiff, with costs. Miles v. Lucina, £70.* Judgment for plaintiff, witli costs. Spanjerv. Ranger, £48 lis. lOd. This was a sum of money due to the Travellers' Rest Lodge of Odd Fellows, of which lodge the defendant had been trustee. The case was adjourned till this day (Friday). .