Drank and disorderly, and fighting. Sent to gaol for one week. a R v, Caances Santa, Halloween, Witfully and maliciously breaking a tree.
Prisoner said he was intoxicated at the time, and did not know what he'was about.
Inspector Sreiutxo said the man knew very well what he was about, and committed The offence was one °2Y which he thought his Worship should visit act, deliberately. with severe punishment. 'The Act 24 and 25 Vic., cap. 92, showed that, if the tree formed part of an avenue or boulevard, which was very much the position of trees planted along the bund, the offence might be punished by three years' penal servitude.
Sergeant SKINNER, sworn, stated.—Last night, about 10 o'clock, T saw prisoner walking along the bund with another man. He asked the way to Hunt's wharf, and was told. He then walked away along' the Hongkew Buna, but when passing the Pacific Mail wharf, he suddenly crossed the road, and, leaping up, got a hold well up on a tree about 16 feet high and 4 or 5 inches round the stem, He pulled the tree down, and it s about two feet from the ground; lying right across the street. I was within a few yards of him and went and took him to the Station. I then returned and goto rope, with which I had the tree dragged off the road, so that it should not form an obstruction, The tree is ruined, and will never grow again.
Mr. Srripuine said a great many trees had been destroyed down the Broadway Road at various times. He sent native policemen down to watch for the depredators, and they reported that sometimes after passing a certain point they met parties of sailors, and as they returned on their beat found that trees had meanwhile been broken, the inference being that these were the men who were in the habit of doing the mischief. He would like to have his Worship's opinion as to whether the trees should be considered as forming of pleasure grounds within the meaning the Act.
His Worship said he would remand prisoner while he considered the point.
Refusal of duty and absence without leave. 7 Captain Donos prosecuted. It appeared that defendant had been put to the congenial duty of beating chains as a cure for discontent, He refused to go, and the second mate tried to force him, lie objecting till he had seen the captain. From the latter he had asked permission to go on shore and see the Consul, whick was given at 6,30 at. on Monday. ' As he was about to leave the ship at 10 o'clock, however, the Captain said he should not go then, as he was going on shore himself, and he was ordered to return to work. After the Captain came back, about 6.30 p.m., he went on shore without liberty. Captain Dodds said the man's conduct on tite voyage had generally been good, and though he dared them to refuse him leave to go on shore, he expressed his willingness to do any other duty than that then assigned to him. This sort of thing would interfere with the discipline of the ship, however, and he was not permitted his choice of work. The second mate was a clever officer, whose only fault was that of being a rather rigid disciplinarian, department of the difficulty, in which Havrsox is Worship proceeded to take up another
summoned Captain Donps'for refusing him leave to go on shore. In regard to this he asked "if Hewson imagined that any moment he chose to ask for leave, he was to get it?—if that was to be the rule the might be left without a crew at all, Leave he should get, but, the work of the ship and the couvenieneo of the Captain mast ered.
'A third summons, by Hewsow against. the second mate, Janes McKee, was thea gone into, The mate admitted that he took the man by the collar and brought him up to his work, telling him at the same time that he could not see the Captain then, as he had sat down to dinner. The man refused to stay forward, and he conducted him there ain, in the same way. Complainant had plenty of opportunities of secing the Captain shortly afterwards, when the Jatter left the cabin and defendant was engaged elsewhere.
mate) would not have been particularly well is Wonsite presumed defendant, (the 2nd plescod ifthe man went to geo the Captain when might be afraid of being fetched bac defendant had turned his back, Complainant again in the way he was before.
Defendant did not know that the man had anything to fear, is Worship said he did not wish to encourage the idea among officers or any one else' on board ship, that, sny man in the ship had not the right to go to the captain with'
complaint or about any ill-treatment be assumed he had received.—It would have been better that the man should have been allowed to see the Captain, and than told to go. on with his work, Hewson said the mate had seized him. round the throat, not taken hold of his collar, and the second time he did so called him a foul name and said he would force him to work.
The third mate, sworn, gave evidence in support of the second mate's statement, that he only conducted the man by the collar.
His Worsutr asked Hewson if he was willing to return to duty.
sox—Yes, Sir, if the Captain will tell the second mate not to humbug the men.
His Worsurr—There seems to be no one complaining but yourself.
Hewsox—Yes; the whole crew are complaining; last night they all wanted to sce the Captain.
His Worsurr—How long has the ship been Hxwsox—Sinco the 20th.
His Wonsurr—And there have been complaints since, Perhaps the mate is a little too smart for the men.
Hewsox—No, Sic he is not smart enough,. Sir, His Worsn—He must be smarter than: those he humbugs. By refusing to obey the lawful orders of his superiors, defendant rendered himself liable to three months' imprisonment. The Captain did not press for punishment, however, and as-defendant was willing to tetum to work he would only be required to pay the costs of the summons. He had no ground for imagining that the Captain intended to refuse him leave. But he was too much inclined to-
Text read from the printed page and cleaned; old type leaves the occasional error.