RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3135, 6 March 1879, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before A. J. Allom, J. Skene, and W. MeCullough, Esqs., J's.P.) BEFU3AI, OP DUTY.

M. Kobinson (mate), Thos. Blackburn, Jcbn Johnson, Henry Seville, and P. Keeneger, seamen on board the brigantine Amherst, now lying in Port of Thames, were charged that they did unlawfully refuse to obey the orders' of Francis Lowry, master of said vessel, on the 6th day of March, 1879. Defendants pleaded not guilty. Francis Lowry, sworn, deposed—l am master of the brigan" le A«v erst, lying

in Pcrb of Thames, and belonging to Port of Newcastle, N.S.W. I have the ship articles. All the defendants appear on the articles, signed in proper form before the shipping master. Last night I came on stiore in the Harbour Master's boat. This morning when* I returned on board the mate came aft and complained of the meat, and said he would not do any more work. I called the men aft to see what was the matter. The ma'e said to the men, " Don't cgme aft." After breakfast the mate went forward and called the men aft with him. I asked them what w;.s the matter, and one of them said they .were not going to* work. He said ail were of one mind,' not to work unless provided w # ith belter food. I did not provide bad food. They wanted to see a Magistrate. I told them they could take the boat. The mate said they would not go until they were brought to a Magistrate. I spoke to the men. Tboy said they were all of one mind. Johnson said it was no use speaking; we are all of one mind. The work they had to do was to discharge coal, which was a lawful order. The men were brought on shore by the police. Cross-examined by the mate —Did I go i lto the cabin by your request or at my own invitation ?—At my request. Did I not several times make complaints of the ford on board the vessel?—STou did.

Henry Seville asked— Oid I refuse to dc my duty P—Yes, this morning. You again said, 1 do not refure to do my duty, but I want to see a magistrate. Johnson naked a^ain —Did you hear me say we were all of one mind ?—Yes. Did I not say I have been up half the night, and want to have my breakfast ?■—Yes. James Templeton, sworn, deposed—l have been oa board the ship Amherst working my passage to Auckland. Heard men say they were up half of the night, and wanted their breakfast before going .to work. The men went aft to the captain after breakfast, sta ing they wanted to see a magistrate and have an understanding. The captain said, go and see a magistrate. They did not go to work, Do not consider the meat given for food was good. Heard the mate order the men to go into the hold and do some work, which they did. My impression is that the object in seeing a magistrate was to complain of the food. . . John Oacha, lighterman, port of Thames, deposed—He was at the Amherst at 7 o'clock this morning. Heard the Captain ask the men to go to work, but they refused, saying they wanted, an understanding, and to see a magistrate fust. Witness took Captain ashore in his own boat, leaving ship's boat alongside. The mat —Robinson—made a statement on behalf of himself and the men to the effect that he was engaged to navigate the slap from Newcastle to the Thames. He was to have £2 per month extra, but in return had only received veiy bad treatment from the captain. All the food he used on the voyage was hard biscuits and tea and coffee. The meat supplied was not fit for food. He, with the crew, never refused work, but wanted to see a magistrate first. The Bench, after consultation, sentenced the accused to 3 days' imprisonment, slating that in their opinion the charge was proved, and that the accused were sufficiently well informed, especially the mate, to know that there was a remedy for any grievances they might have, without committ;ng the offence of disobrdienca of the lawful c mmauds of their captain. Court adjourned.