Burke, seaman belonging to the charged with refusal of duty.
The prisoner said his refusal to work was consequent on an injury he received by falling when drunk against-asper. It appeared, however, that he hal been able nevertheless tu go on shore more than once without His Worship sentenced hit to 2 weeks' imprisonment, and to pay cost of summons.
Boar's Heal," apcharge preferred against him by Dm Yeomans of harlwuring "deserter and interfering with the police in the discharge -—Thatonthe 13th April he re tral police station that aman of war's ma Charles Parker had which he had epairal to the "Boar's Herd" he saw a man of war's man half asleep] On en-ug the place he called on ker, when are you going on board your ship He answered to the name. An unemployed n im, named MeDunnel, was there at the tine, he said to him "1 know this man, he is no strag; froma ship" He told him to mind his own business, his affairs had nothing to do with hin. McDonnell then went up stairs and called the defendant, who came down and asked him had he warrant, and toh him the nest time that he came, to knock at the door and ask permission to come in. He then told hit he cate for that man of war's man and would hold him responsible. He afterwards met ser-who returned with him to defendant's house, asked where the man had yone to, and the defendant said he knew nothing about him, To the defendant:—L was not in uniform. [hada stick in my hand. It wasa small one. You were up stairs, Tdon't know how long the man of war'sman was there.
The defendant here state to the court that he never that he was long and well known in Sha: and was never brought to court before, and could not understand how the prosecuter could frame such a case against him. On the oecasion in question, the man-of-war's man was not over two minutes in the place, and he came down when he heard that a man was going to be arrested in his place. The prosecutor hi s had ready access to hin o, when hie duties reqitired.
mas W. Provat, stated he was navigating subtenant of the Firm, and the paper which prosecutor description of the straggler")was what is usually rest "deserters. straggler" was on board after 10 an 4 Yomans, in reply to the Court, said he nsuatly appears in plain clothes, and never wears uniform unless when attending the court.
His Worship said that it did not appear from the case for the prosecution that the defendant wasat all aware at the time that Parker was in his shop or that he was astraggler, and that all that was in evidence against him was that he had thrown a certain amount of obstruction in the way of the police. He pointed out that ifa ut difficulties in the way of the police arvone whom they claimed asa deserter, he would undergo the risk of being presumed to have known that he was a deserter if it should turn out that for harbour-warn-being the first that defend-to appear before him—he would discharge him, ordering him simply to pay the costs.
Text read from the printed page and cleaned; old type leaves the occasional error.