The Archive · 1876

(Captain Greta, Cawodor Castle) J. W. Max, Refusal of Duty.

Defendant is an able seaman of the above therefore be should order him to pay Goart, $21 on the Srd Feb, and $16 00 the ed sch lay and Tuesday last. Ho told the into stocker, er, and was auronion ug duty and was summoned for refusing dat Jan.

20th.

Cux-rest v, THos, Tarton, Plaintiff sued to recover being two month and $18.00 market expenses, Defendant admi i mount, he had plaintiff demanded $12 per weroonly $8, but the cool month, through him (plaintiff.)

hen the defendant's family went to Japan, in August last, the coolie was discharged and aint? had nove received authority to another since, tiff denied this last otatement, and hat, when he first entered defendant's ploy, he received $8 id shortly jerwards $10, for doing all the work elf, Ho then became sick, and w away for a month, and on resuming his clu mouth, which was to cover $8 and coolie's at $4. could not do all the worl elf, snd complained about it. It was was told to get a coolie at wages Amounting in all to $12.8 month. That was about 10 months ago, and he had had a coolie helping him over since. Now for the last two months, his master refused to pay him the coolie's share.

His Hoxour said that on the only point in dispute, as to whether the plaintiff had received authority to engage the last coolie, there was statement against statement. He was therefore driven to look at the previous terms in which the plaintiff had been engaged, in order to ascertain whether of the two statements was the more probable. Now it appetted that previous to the plaintiff' illness 10 was doing all the work by himself at $10 month, and that subsequently he was autho-Fined to get assistance at an increased rate of '$2 a mont The defendant adi ted this, alleged in effect that he had withdrawn this authority, and not only so bat reduced laintiff's wages to $3—thatiis, actually placing in in a worse position than he was in who: he was by himself doing all the work at $10 a Court ing from ill-health, and bad asked the C: to attend the Hospital. The Captain refused in to let him come ashore mission, and alto to give him his disd Hing him he di care whether be well or not. He was atill go unwell as unable to work, and would like to crew were found, after in England, to be suffer from disease, ani at every port called at, had been placed under medical care. i, they had been reatment, and on the 16th tant, Dr. Bartow reported the defendant to he well and fit for duty. He, however, said he would rather go to gaol' than do any more work, although he admitted, both on the 17th and 18th instant, that he was well Prosecutor produced the log.

the doctor's certificate and al of the defendant's conduct. having spoken to the defendant in the manner affirmed.

Defendant, in reply to the Court, now said that on the days named, and afterwards, he was suffering so severely from rheumatism, as to be obi in his bunk, and was jin consequence unable to work, His Wonsurr said as Dr. Barton was not called a8 a witness, he would remand defendant till Monday; and in the meantime the Coneular doctor would examine him in the gaol, and be was Git for work.

Jan, 24th, (Captain Davrpsox, Ce)", J, Saxe.

view, W. Sars, and Jastes Hise, Refueal of Duty.

Defendants are seamen of the barque Conqueror, and. were charged with refusal of duty on Saturday last. Hine, who came into Court drunk on that day,' was ordered into

morning. They all admitted the offence, and custody, and remanded to pan until this id it was through getting.drunk when allowed liberty ashore on Thuraday last, produced a certificate from Dr, Barge, to the effect that on the 18th instant, two days after he had been pronounced ft for duty, defendant said in his {the Doctor's) presence, and also before the Captain and mate, that he was quite well and able to work.

Defendant said he did not remember saying 80, but he was now again unfit for work, His Worsare told defendant he could if, he liked be examined by a doctor on shore, but if he was found fit for duty, he would have to pay the doctor's fee defendant replied that if the Court liked to send him toa doctor, he was sure he would be found unfit for duty; but if he was sent on board the ship, he would try to do what he could.

Captain Greta said a doctor was still tending the ship, and defendant would be looked after when he got on board; which he knew very well.

His Wonsnir ordered defendant to pay the costs of Court, and also his expenses while in Prison; and to return to duty at once, U. 8, CONSULATE-GENERAL, Shanghai, Jan, tet, Before 0. B. Brapvonp, Esg., Vice-Consul-General,

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account