ALLEGED FELONIOUS SEIZURE OF THE LADY OF THE LAKE.

West Coast Times, Issue 42, 9 September 1865, Page 2

ALLEGED FELONIOUS SEIZURE OF THE LADY OF THE LAKE.

The adjourned hearing of this ease took place yesterday. Mr Oakes, in opening the defence, denied that a felony had been intended or committed, but admitted tho removal of part of the machinery, claiming, however, a right to do so on the part of the prisoners ns accredited agents of Messrs Cargill, the owners of tho vessel. The first witness called was James Leys, a master mariner, residing at Hokitika, who deposed that, on Saturday, tho 2nd. inst., he met the Messrs Houston in Revell street, and they asked him to go on board the Lady of the Lake with them ; they did so, and Mr Iloughton called the crew into the cabin, and told them that Captain Zealand was discharged from his command by him on account of the owners of the vessel ; ho produced a letter, which he stated was from Messrs Cargill, a portion of which he read, and which authorised him to discharge the captain and engineer if they did not shape better. Some of the crew said they would stand by the captain as they had signed under Captain Zealand, and some of them said they did not care who was master if they received their wages. The captain told them to stick by him and he would sec their wages paid, upon which Mr Houghton told them to come to the office and ho would pay them nt once. All this tme I was standing outsido tho cabin door, but could hear jverything that was said They then came out of the cabin, and 1 walked forward. Messrs Iloughton followed and stood at the engine room door. I heard nothing going on inside whilst they were standing there. I afterwards saw the captain and engineer rush out of the cabin and turn some one out of the engine room, and they then nailed the door up. I heard Captain Zealand say he would split any man's head open whom he found in there. Messrs. Houston and myself then went ashore. About an hour aftor, wo returned, they went on board again whilst I remained on shore. I saw what took place on board. I saw Mr E. Ilaughton try to open the engine room door ; they could not do so, and somebody remarked there was a sma 1 hatch on tho top o( the house through which they coula get into the room. He then went down it and shoved the door open from the inside and went in, and I heard them disconnecting some portion of the engine. Mr J. Iloughton was standing at the door during this time. The captain and engineer then came on board, and the engineer rushed into the engine room, and I heard a scuffle. Captain Zealand came behind Mr J. Iloughton and threatened to strike him. A man named Paterson, who was standing on the wharf, jumped on board and interfered, and a so iftilo ensued. I heard Captain Zealand say he should like to punch his head, and offered to fight him. I had seen nothing removed up to this time, but afterwards I saw some portion of tho engine gear in John Houghton's hands. I did not see Mr E. Houghton take anything or give anything to anybody. Cross-examined by Mr O'Lcmghlin— -It was during our first visit that Captain Zealand threatened to split any man's head open, and then neither of the Messrs Iloughton went into the engine room. Robert Patterson was then called, and slatpd that h n was storeman in the employ of Messrs IIon«hton, of Ilokitika. He remembered Saturday ; was in the store about 3 p.m., and saw Captains Zealand, Smith, and several other gentlemen there. Messrs Houghton were in the office which is in the store — one side is open to the street. Heard Mr J. Hough ton tell Capt. Zealand that he wished him to give iip charge of the Lady of the Lake. Captain Zenlnnd said that he had no power to dismiss him. Mr Houghton read a letter to the effect that he was authorised to do so, or any one else on board her, Mr J. Houghton stating thnt the letter was from Mr Cargill; he also offered him his wajes if ho would" giv up the ship's register. Capt. Zealand said he was going to the Grey, and turned to leave the store, when Mr Honghton said he had a letter for him. Captain Z-jalnnrl said " Send it down on board." Immediately afterwards I took it down, and gave it to Captain Zealand himself. I did not hear any con-vors-ition between Captain Zealand an I Messrs Houghton respecting a bottomry bond. I heaid no offer of money made, save that Mr J. Iloughton offered him his wages. Mr Oakes addressed the Bench at 6ome length for the defence , pointing out that no malice had been discovered, and that his clients Avero acting umlcr authority. He admitted that a power of attorney would have been safe to havo proceeded on, but considered they were justified in acting ns they did. — In* summing up, the Court deoided that the authority of the letter from Mr Cargill was worthless. No agent can discharge the captain of a vessel, tho captain is the principal and most confidential agent, and it is not reasonable to suppose that ono possessing the authority had sufficient power to discharge the other, unless he held power of attorney to do so. It seemed strange that the dismissal of the captain should have been delayed so long, the letter in question boing dated tho 12th July. The Court decided that tho case must go before a jury. The prisoners were committed, bail being accepted, themselves at L2OO and two sureties at LIOO eueh.