RESIDENT MAGISTRATE'S COURT.

Colonist, Volume III, Issue 313, 19 October 1860, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., Resident Magistrate.] Tuesday, October 16.

CHARGE AGAINST THE CHARTERERS OP THE SHIP

JOHN PHIIitIPS.

Mr. Kingdon appeared for the prosecution, and Mr. Connell for the defence.

James Fell sworn: Was one of the cabin passengers of the ship John Phillips, now in the harbor. I produce a first class contract ticket which I received from Messrs. Willis, Gann, and Co., Croiby-square, London. After being at seasome time I compared it with the Captain's passengers list, and found it short of the following articles:—| lb preserved meat, £lb tripe, and pint oatmeal. On asking the captain for it he said it was not on board, and he could not furnish it, he could onlygo by his list. This occurred about three weeks after being at sea. We got nothing substituted for any of these articles that were wanting; we were kept strictly to the scale the captain produced. The captain's dietary scale was less than what the list I first saw wa°. We suffered very much through the want of these things. Cross-examined: I suffered through not having enough to eat; could have eaten more if I could have got it. Never saw the dietary scale until I got the ticket. Did not think of reading the dietary scale as I had always heard such a good character ol Willis, Gann, and Co.'s ships. William Henry Fell sworn : Am brother to the last witness, and was a passenger on board the ship John Phillips from London. lam the person mentioned in the contract ticket produced. Had some conversation with Willis, Gann and Co. about the provisions of the ship ; and told them if anything was wanting that was necessary to take with them, and that was not in the contract paper, they would take it with them on board. Thejanswer given was, giving me a hearty shake of the hand, " I assure you the table is unlimited." My brother, the last witness, paid one half of the passage money for a medical man, not wishing to go to sea without one. We were deficient weekly of half a pound of tripe, half a pound of preserved meat, and half a pint of oatmeal. The captain told me it was not on board, aud if it was they would not have got it. We sailed on Sunday the 30th April from the Downs, and arrived in Nelson on Friday, the 20th or 21st September; I had not enough to eat. For the first fortnight we could not get at the. stores. No one on board knew what was in the ship respecting the provisions. Cross-examined: I saw the allowance every week put into the steward's cupboard. I acted as messman throughout the week; did not complain of shortness of food to the captain, as I thought it of no use doing so. It was an unusually long voyage. We ran short of cheese before the end of the voyage. We did not get our over-allow-ance of it. Was in very bad health in the tropics. I got three stone heavier after 1 had been, here a little time.

By the Bench : Have mark no calculation as to? the price of the articles we were short of. Mr. Connell, handing a paper to the witness,, asked if that was in his hand writing, but was stopped by the Bench. The Magistrate said it was evident that the contract had not been complied with, and that what Mr. Connell wanted to prove was all bosh and bunkum. It was all very well for the defendant's counsel to make remarks on the stomachs of other people 3 but no one knows, what shortness of provisions at sea really means. Captain Thomas sworn : Am captain of the ship John Phillips, from London. Complainant and his brother were passengers. All the" articles, with the exception of those stated, were supplied to the ship. They were served- out in weekly instalments; also supplied roast beef at the commencement of the voyage, corned beef, potatoes for dinner, &c.; can give good reasons why I stopped supplying things as I did at the first, and commenced upon the dietary scale. I was giving great dissatisfaction, so I messed them off; myself and officers messed by ourselves, and the cabin passengers by themselves. Do not consider the first-class cabin passengers suffered from the want of those things which they complain they were deficient of. By the Bench: It is usual to have some fresh beef put on board just on the point of leaving, through not being able immediately to get at the stores. Mr. Connell said he had no remark to make. It was an every day occurrence—there were sure to be some dissatisfied people on board. The question is, What amount of damage is sustained ? They all landed in good health with the captain with tbe exception of W. H. Fell, and that was not through shortness of food, but owing to the heat in the tropics. There can be no blame to the captain; if there was any blame to be attached, it was to the owners-or the charterers of the ship. •'■■■• ' . His Worship said it was a notorious fact that shipowners in London acted in a most reckless manner. The passengers were made to believe that the articles complained of were on board which were not, and it only remained for him to say what amount of damage had been sustained. He should rllow £2 9s. lOd. for short provisions, and i>lo for damages sustained. There was no fault to bo found with the captain, on the contrary, his behavior throughout the voyage was that of a gentleman. The captain said it was not the owners who were to blame, but the charterers. The parties then left the court. Joseph Robert Sigley, who was charged with stabbing a horse, the property of Dr. Williams, on Wednesday morning, September 26, but who was remanded for further evidence until Tuesday last, was again brought up; but as constable Harper could bring no further evidence to commit the boy he was discharged with a caution. John Macdonald (half-caste) was charged with indecently assaulting Mrs. H. Barnett, in a van on the Waimea Road. Sentenced to one month's imprisonment with hard labor. „.. The same person was then charged with stealing a double-barrelled gun, the property of James McGlashan, son of John McGlashan, of the Wai-mea-road. James McGlashan sworn: Took my gun to pieces to clean it on the 12th of September last, I left it in my father's house, situate near the flaxmill, Waimea-road. Know the prisoner, he was working at my father's mill; went to Mr. Ladd's who lives close by; did not miss the gun when I returned, but did so the following morning. Heard from a Mr. Walker that prisoner had put it up for raffle at Jervis's Commercial Hotel. My father gave £5 for the gun, and made me a present of it. Cross-examined by the prisoner : Remember your asking me for the loan of the gun about a month or six weeks since; told you if you came and asked me for it you could have it. John McContie sworn : Was on the Waimearoad with a travelling van on the evening he committed the assault on Mrs. Barnett. Stopped at McGlashen's, and prisoner went in and brought out a gun ; took him to the stables in consequence ,of his refusing to pay his fare. Charged him with damaging the covering of the cart, and Mr. Nesbit kept the gun until he paid for the damage done. John Jervis said the prisoner took a gun to his house in company with a constable. Hugh Corrigan sworn : Am ostler at the Commercial Hotel, and was present when the prisoner said it was his gun; he was in charge of a constable. He told me to take care of it for him; he said nothing about a raffle; to the best of my knowledge that is the gun produced. I gave it in charge to Mr. Jervis, who said he should detain it, on adcount of the prisoner's owing him a debt. f Alexander Stewart sworn: Took prisoner into custody that night for assault on Mrs. Barnett; went to Mr. Jervis's with prisoner, as he had a dog with him, which he wished to be left in his yard. Mr. Nesbit had the gun; prisoner said, " That is my gun, give it me," but Nesbit gave it to me. Prisoner said he had been up the country and had bought a gun, a dog, and a stock-whip. Had no suspicion that the gun was stolen. Prisoner told him if he had not been taken he should have been off in the morning to Queen Charlotte's Sound. The magistrate asked the prisoner the usual questions prior to committal, and the prisoner persisting that he had not stolen the gun, he was committed to take his trial at the next sitting of the District Court. The prisoner was then removed. Wednesday, Oct. 17. Frederick Clements, of Collingwood, was summoned by W. Walker, shoemaker, for £B 4s. 6d. for board and lodging, incurred tvvo or three years ago. Judgment for the amount, with 9s. cests. Nash and Scaife v. Robert Anderson, for £16 6s. lid., for an overdue renewed bill. Judgment or thef amount, with 17s. costs, —half to be paid in three and the remainder in six weeks. Same v. Ishmael Clark, for £& Is. 2d. Judgment for the amount, with interest up to date. John Earl was brought over from Collingwood on a chavge of stealing a piece of gold weighing two ounces, the property of George Bunker. As the prosecutor did not appear, the prisoner was bound in his own recognizance to appear when called upon, at the next monthly sitting of the District Court. To the Editor of the Colonist. Sir, —Having recently come among you on a visit to my family, I confess I am not a little surprised to find that in Nelson, that ranks among the other cities of the world, there appears to exist no act of Provincial or other Legislation, for regulating the prices to be charged by carters and others plying for hire from the wharves and other places, similar to that adopted at home in many of the corporate towns, whereby persons who are frequently requiring the services of such, but being strangers, might be protected; whereas, failing such protection being afforded, persons are too often imposed on by exorbitant charges being made on them. I would therefore beg to suggest to the Provincial authorities the necessity of some provision being made in this respect. Yours, &c, A VISITOR. Nelson, October 16,1860. To the Editor of the Colonist. STOKE LIBRARY. Sir—Will you kindly permit me, through the medium of your paper, to call the attention of the subscribers to the above library, and of any other persons in Stoke who may feel interested in its progress to the following condition, lately decided upon by the Provincial Council, namely:— " That the sum voted for Country Libraries* be distributed in proportion, to the amount of the an-

Jnual -subscription!* actually paid by the members." It thus appears that Government intends acting upon the principle of helping those most willing to help themselvas. Men of Stoke ! will you answer to the appeal and shew you appreciate the principle, by coming forward during the present and last quarter of the year, to subscribe to the library now established among you. The library has been established about two years, and the books purchased are in number about 250. The object of the founders of the library is the diffusion of sound and useful knowledge; let all who sympathise in that object lend a helping hand, and in two years more our number will be doubled. .1 would take this opportunity of informing all our New Plymouth friends residing in Stoke, that the committee have passed a resolution entitling them to free-membership during the present quarter. Books may bo obtained and exchanged at the New School every Monday and Thursday afternoon: terms, Bs. yearly, 2s. quarterly. E, AUSTIN, Librarian. October 14,1860.

To the Editor of the Colonist. Sir —Previous to my leaving Taranaki I posted there, for my wife hero, several papers and letters, written at different dates. Not knowing at the time that 1 should have an opportunity of coining to Nelson; but it turned out that I had leave to come, and a passage given me in the Airedale steamer, from which vessel I landed here about the 11th of this month, intending when I landed to proceed to Riwaka to my family. I applied to the post office when the letters were being given out for those letters and papers, and was then told that the letters and papers for Riwaka would be delivered the next morning. I consequently went again the next morning, when ..I was infoimed by a young assistant that the letters for Riwaka had been sent on. I asked him if there wero any newspapers in the office for my wife: he searched the paper holes and found two, and gave them to me. I complained to him about the matter, and asked him if it was the general custom to split the jnail, or why those letters and papers had not been sent on together. I consider it a very loose way of managing the post office affairs. If this course be pursued, it will be useless for me when at home to order a Nelson paper, as it may lie in the office until it would become useless. Yours, &c, THOMAS WM. SHUTE.