The Archive · 1872

Before R, A. Mowar Esq

R, (on the prosecution of Jasus, Duxnyi), order. As I couldn't see the defendant I sum-Houivweit, Master of the Belted Wilt, A, Rosmns FG. Jame 29th A moned him.

By defendant.—The captain did not Claim for $31.01, Goods sold and delivered. for inward and outward pilotage at Tls. 11 Jaates Dexnys," sworn, atated—I am an or-Adjourned from the 23rd, so far as I know. I should say there was mary seaman, Gri the 12th April Twas at the An Cuny, cautioned, stated—I am a stone such arrangement come to or I would have wheel. Defendant goethe endow the main brace, man, and the contractor for the atone work of been informed of it. The order is given for and beat me from 10in the morning till 4 p.in, the Supreme Court buildings. I know the Tls. 65, for inward towage alone: "He kept me atthe wheel all thie time exdopt stones in question. I got them sawn for the "The defendant here explained the first obfrom 12.30 till 1 o'clock, which I was at mea plaintiff, at his request. He paid us $10 for {ection he had raised at the opening of the He remained beside mie most of the time. He the work. "At the time a stone like case, vir., that the amount being over $100, would walk away, or down tothe cabin, and the: one sold by the p to the defendant jit was incumbent upon the plaintiffs to com: then come back. again. "It was because," couldn't be got for leas than $40 to $50. Five months ago, untrimmed, it would cost about to them in Tls. 90 for towage services, made ence the mut by petition. "Ho was indebted couldn't keep the ship. in herconrse, 1 did my best. The end of the rope was 3 inches

cen with plush the "Okie ass ingush marble only in ita not being poli 8 kind of sarble—dieriag from {tor ant 1e subject e it claim, of the following items: Ts. 65 for inw thick (and there was a knot at; tho end of it.) He struck me actosa the chest ind body. The [ind fis. 25 the balance of Ts. 90 for outward blows were very severe. That hight I showed unacquainted. I dont think $25 is a fair towage, Tls. 25 of which had been paid by my back to the cook and steward," price for'two stones of that kind. Its dime ithe Captain of the Varuna to the Captain of got him to go aft to the captain to' get' sotto. sions are Gft. 'x 2ft. 3 or din. x the tug, on the latter leaving her at Woosung. sweet oil to rub enif. He didn't giveiit to 'Ningpo stone like the mantel-pieces over the 'The plaintiffs said that they had an order but sent for me. He made the, take' off ni fireplaces of this' room, of the dimensions of Yor Tis, 25, drawn by the defendant on himrt, and the mate told him that it should' the marble in dispute, would cost undressed self, being the balance of the outward towage.

'Their present claim was for inward pilotage marks of the rope were sunk into my flesh: have put on, or the akin would posi of. $13. Marble is scarce' in Shanghai. There was, only..one importation of it, about 8 "la Worship didn't seo. that. the plaintiffs suffered great palli for a week, especially' w! years

yeara ago. Iwas paid $18 for the 1: na id gioiorte rer Tow I bent my back. 'The marks, remained. {were splitting their claim.. The order for Tls. about 15 days. " From' thit tine. to 5 it was presented before the out-May he used to. beat' mo' when I" the identical atone about two months ago in the ward pilotage services were rendered'.'- the wheel, and it other times, New Cemetery. Iwas there about a tombstone, the ages ut the tag free presented the order very badly, It was always (with rope, sad meeting you there, you pointed it out On' the 18th May, "I wae holding a him, he acknowledged his liability, and its of the tug first ler tie/:'L have never bought marble myself, but I cask—which Was cutting thir know the price: of pit., As I. said,-there was Pinmised to pay. when the towage outward 'The ship was tt the'tite, I could' only onesitportation of it, from Yunnan, and been performed. That circumstance had keep it steady, and he' lifted' the axe he hid that was, while the rebels had Soochow. in Bia hand, "dod aside weld pli' Thrée'"pidess'Vof this lot still remain funds and couldn't meet his engagement. happened, but he now found himself short of skull, only for the laws of Enjland: "On the Shianghai-and.they are in Hongkew, but they Cautioned, he stated—I was agent of 24th' May he beat mo at the wheel with' axe not purchaseable; [offered $00 apiece for the Varuna at the time the services were rope, for 10 minutes, till, not:.béing'able'to, who defendant repeated rendered—the charter of the vessel has stand it any longer, I rau away forward.

fendant the ita he expired now. 1 remember the order being He went down to the cabin and got another advanced at the first bearm In the face of P resented to me, about three oF four days rope, and when on deck, put a knot"on it hia/having only and. $30 for the after the arrival of the ship, by Gilman and fan after me; I was' jumping over the stones in question after the expense of having Ca., (the of the tug). I told them I stunsail boom which was lying across the them dressed, there was some reason to believe would pay i, When they ame to me again, deck, when he struck at we in the private that he could not have purchased them originally forimore than the' price he stated. He parity fell down in consequence, Pte tog had been engaged for out: as Thad learned from the an that the that I was hurt, but.hé said he didn't Aida' care what the actual price might, be well, ats lump suimof Tle. 110, and therefore care, and struck' me' again with the rope, told' them to wait till she was taken across the ribs. I: got up, and he beat me by the plaintiff, when I would pay the whole amount. back to the wheel, continuing to do so after leaded poverty, and who, it inferred, would have let paid Tls. 25 and given an order for Tls. 25 more. I can't pay for want of funds. Iam 'a stoppage of water. I" imagine that was X got there. For two days after thie I" had go for what. they might fetch. bound to pay, only I havn't the. money. the result of the blow: I never had any this evidence before it as tothe market ofthe stones, and in the absence of Judgment for amount claimed with costs. wrong with mein that way before. It was any evidence on the part of the defendant, an inch, or an inch and' half rope, that materially by the. recent charge Defendant pleaded that his credit had been the Court could not but decide for the plaintiff. used on that occasion He kept beating me Judgment for plaintifffor$31.01 and $3costs. for 10 minutes after I got back tothe. wheel Defendant gave notice of a desire to have brought against him of obtaining money under that time. I have heard him say that the case reheard. false pretences, he could raise no money now he would take his revenge out of me for He was ordered: to conform to judgment in nor even get in what was owing to him; and the bad atecring of "the other men. On. the meantime, by paying the amount into therefore asked that two months be granted another occasion, When hie' was beating me, to him to satisfy the judgment.

His Worship remarked that if defendant be mid he would marler me before he got to Shanghai, On another occasion, when was in the difficulty he spoke of, washammering some nails, making something, 8. U. Farwnamcand others " Woxo Joo-H00, the better would be for him, instead of he desired me to pass him something; Uhanded spending the little money he had left in law-him the wrong thing, and he struck mo Tls. 65, services, Pleintife Tug-text to xyer's fees and Court expenses, to go to his cre-'The defendant erg Vessel. ditors and endeavour to come to some terms with the hammer on the side. I didn't fall down, as 'I was lying against the hatch'at the Adisand, handed "Gate! Goat d desereat lea to: the' plaints? with them. "He must arrange with the plaintiff time." 'The same day, when it was my watch, for the time he wanted tofpay the ji t in. between 4 and 6, he strick me vith. 5 which the following li the purport? the'deck' with the rope" hanging' by his side. had' fetched from the cabin?

'Ko kep' wag?

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

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