RESIDENT MAGISTATE'S COURT.

West Coast Times, Issue 31, 15 August 1865, Page 3

RESIDENT MAGISTATE'S COURT.

Friday, 11th August.

Wm. Harvey was fined 10s foi being found drunk in the street at night. Assault.— Richard Cooke, digger, was charged with assaulting • Mrs Adams, boarding house keeper. The case was of the most trivial nature, and the prisoner was fined 10s, and discharged.

Larceny. — The same prisoner was then charged with stealing a jug, value 3s 6d, from the residence of Mrs Adunis. P.olice constable Riley deposed that the prisoner had the jug in his possession when he arrested him on the latter charge, and that Upon taking him to the lockup he endeavored to escape. The prisoner, who gave a very, clear statement of the affair, was. discharged after receiving a caution from the Bench.

Disobedience of Orders on Board the New Zealand. — Walter Dwyer was charged with continued wilful disobedience of orders whilst on the passage from Nelson to Hokitika, and with assaulting Captain Anderson, of the steamer New Zealand. Mr Oakes appeared for the prisoner; Mr M'Loughlia for. the prosecutor. Captain Anderson. stated : I was master of the New Zealand steamer on her passage between Nelson and Hokitika. On tbe 6th of August I had occasion to speok to the prisoner relative to two females who were in his berth. Upon my asking him what they were doing in his berth, he used some very abusive language, and ordered me out of the cabin. I then seized hold of him, intending to put him in irons, when he struck' me. I rushed .on deck and called the mate to bring tbe irons, and assist me in securing the prisoner, When, upon our descending into the engine room, the prisoner seized hold of an iron wrench, and threatened that he would kill the first that attempted to approach him. I then told him to consider himself under arrest, and ordered the engineer to suspend him, and the instant I arrived in port I had the prisoner arrested — Mr La Mert stated that he was a passenger on board the New Zealand. On the evening of the 6th of August, he was standing on deck, and hearing a noise proceeding from the engine room, he immediately descended, where he heard the prisoner order the captain out of the engine room. The Captain then laid hold of the prisoner, who immediately struck him, at the same time saying that he would knock his brains out with an iron wrench that he had already struck the mate with. The prisoner appeared to be endeavoring to throw the captain on to the maohinery, which, had he succeeded in doing, he would have undoubtedly killed him. The captain, finding it impossible to secure the prisoner, then went on deck. — This witness was cross-examined at great length by Mr Oakes, but failed to elicit any fresh evidence. — Wm. Mayo deposed: I •was chief mate on board the New Zealand: On the 6th of August I was on duty on the main deck, and heard an altercation going on below in the engine room. The captain came on deck immediately after, and told me to put the- second engineer in irons. I went to fetch the irons, and upon proceeding to the engine room, the captain had hold of the prisoner. Tho instant the . prisoner saw me he picked up ii wrench and struck me a heavy blow. Whilst I was endeavoring to secure him several of the steerage passengers caught hold of me and dragged me out of the engin? room. I afterwards tried to assist the captain, but the passengers seized me, and threatened to put me in irons if I did not desist in my endeavors to aid tho captain. The captain finding it impossible to secure the prisoner, came on deck, and called all the passengers on the poop, telling them what had transpired ; also, that he hud endeavored to secure the prisoner, as he thought it would not be safe to allow him to continue duty as he, the prisoner, was intoxicated and might endanger all the lives on board. We went down once more and tried to secure the prisoner, but he picked up the wrench, and threatened that if we did not immediately leave the engine room he would smash our brains in*. The captain finding it impossible to secure tho prisoner, then told him to consider himself under arrest till we arrived in port, when the captain brought the present action against him. — Edward Iloughton, shipping agent, confirmed the evidence of tho last witness. — James Thomas, fireman, stated that Captain Anderson came down into the engine room- and abused the second engineer for being drunk, telling him, at the same time, that.he must put him in irons. The captain, who was the worse for liquor at the time, then seized hold of tho prisoner, upon which the prisoner struck him. The captain then called the mato to bring the irons, and, upon his arriving with the 1 irons, he twice struck the prisoner on the face with them, and told him (tho prisoner) that unless he obeyed quietly he would blow his brains out. Tho passengers then seized hold of the mato and dragged him from tho engine room. — Stephen RoiF was next examined, but failed to g^vc a very clear account of the proceedings. — Tho only point in dispute was whether the prisoner was under tho jurisdiction of the first engineer or the captain, but this was set at rest by the evidence of Captain Leys, who stated that tho prisoner wa« solely under the control of tho captain, and should havo obeyed his orders only. Tho prisoner was then sentenced to 48 huors imprisonment. The charge of assault was adjourned till Saturday.

Saturday, 12th August. (Before G. S. Sale, Esq., R.M.) Patrick Dwyer, second engineer of the s.s. New Zealand, was charged with assaulting Captain Anderson, master of the same vessel. The whole of tho evidence in this case was only a repetition of the former one, and after several witnesses had been examined, both for the prosecution and the defence, the prisoner was sentenced to a fortnight's imprisonment. At the conclusion of the case, Mr Oakes, for the prisoner, requested that, upon the expiration of the first sentence, viz., 48 hours' iraprisonnraent, which would expire on Monday, that he might be allowed to tender evidence for the purpose of recoverhis 12 months' salary, as he understood that it was the captain's intention to leave Hokitika by the s.s. William Miskin. The application was granted.