Correspondence.

Colonist, Volume III, Issue 270, 22 May 1860, Page 2

Correspondence.

Tim J3.AHQUE iNEILLY. . ■■', To the Editor of the Colonist, Sib—A report appeared in your issue of May 18th of the case of the barque Neilly, upon which I feel that, 43 one of the. public, I am allowed to. remark. : it appears that the master, Thomas Orfeur, was charged with assaulting tyro of his crew. The cook swore that he saw Orfeur strike Dennis on the 25th March; that he took him by the throat and shook him. And, according to your report, the witness was asked whether it 'f did not serve him right?" Orfeur admits that lie might have touched him. What does he mean by touching, him ? A touch would not have caused swollen eyes, which Cross admits was the case. , - ■' ; In the second charge W. Cross stated he saw "blood on his (Lund well s) nose;" mouth all over blood." Was this, the result of a touch also ? In the first chavge it was sworn that the mans eyes were swollen, and admitted it was from the Captain's hands. The first case the Magistrate called a paltry one, and fined the captain Is. and costs. The second case the Magistrate did not think much of, but mint uphold the majesty of the law, and fined the captain sa. and -josts. Great majesty, truly! In the third case Wilkes charged the captain with striking him with a rope. till he was black and blue, and could not lie down in his bunk. The Magistrate made some remarksaboutthe necessity of punishment in such cases. So that, according to this Magistrate's decision, because a sea is shipped, or for any other cause that at the moment may exasperate the master, hs is allowed to strike a man, to'kfidck. him down, swell his eyes, draw blood from his nose and mouth, and our great administrators of the law would not think much of it, or that it was only a paltry case. ■■•...- ' I contend that the law was made not only for the master but for the men; andif those men when they wtw shipped had A. B.s discharges, they did their duty in some ship before they came to Orfeur. If they had not A. B.s rating before, Orfeur must have taken them for the purpose of taking advantage of them. According, to the Act, he is bound to prove they are not what they were shipped for; but whether they were or not, he is not allowed to strike any man. If such a precedent is to be established in Nelson, it will be the first place under British dominions where such doings are sanctioned. The men knocked off daty^afterthis, and hare been sentenced to three weekV hard labour, and then to be lent on baatd the barque. ; Will e'ver.tlM men go M> seawitlvOrfeur after Such a condemnation in the BesidentMagistrate'a Court? Trusting to your impartiality t6 bring this matter again before the'public, ■;- ; / ■>< -i " , .'-.'• ":. .1 am, &c, . . ' ::":,r Jl shell. May 18,1860. "