The Archive · 1878

Refusal of Duty

Defendant, who is an able seaman on board the barque Joyce Phillips, was charged with refusal of duty. admitted the offence, and said be wished to In anewer fo his Worship, defendant be discharged from the ship. He had asked the Captain to give him his discharge, but request was refused unless ifioed month's wages, which be thought was exportionate on the Captain's part. Besides, the vessel was rotten from stem to stern, an' in bad weather all bands bad to be at pumps both day and night; and on this Account he did not wish to sail again in her.

Hie Wonsute said if defendant's story was true, he had a very good reason to want his discharge, and be should order a survey to be made.

Captain Lrvaxasrow, in answer to his Worship, said the vessel arrived in port ov the 18th inst., from Sydney, and he had received no complaints from the meu. The defendant's statement as to the condition of the ship was untrue.

Defendant retorted that all the sailors "could bear him out" that they had to keep at the pumps in bad weather.

His Wonsmip.—I shall send & surveyor on board to enquire into the trath of you ment. If it turns out that there no foundation for what yon have asserted, then you will have to pay the expenses of the Survey; if, on the other hand, your statement be true, the Captain will have to pay the expenses.

Defendant—Bat I don't call for an enquiry andi told the Captain I would sacrifice £2, into the matter. I only want my discharge, His Worsutr—It is not now a question as to whether you ought to be discharged or not. You have refused duty, and as an exc aay the ship is unseaworthy; and it is duty to seo if your statement be true or fal Such serious allegations cannot be allowed to unnoticed, not only for your interest, wut for the interest of the other meu on board, the shippers of cargo, and the offices. I shall have a surveyor sent on board, and you had better bs there to point out anything you would like him to see.

Defendant—I would rather not go back to the ship.

Worsmtr—Bat it is your duty to go back, and be present when the surveyor comes on board. Y ut to him where trath in what the defendant cays, Captain Captain—No, not at all, There isa leakage in the upper works, but not below.

His Wonsmir repeated that fs could not allow men to make auch grave aster without an enquiry being made as to whether there was any foundation for them or not, He should adjourn the case for a survey to be made, the costs o: hich would abide the result—if defendant's statement was rae the Captain would have to pay, and if it way found to be false defendant himself would Shanghai, 24th Jan, Before the Chinese Magistrate Cuex and Dr. Macaowas, U.8. Assessor, A Dishonest Shrof. it, Wash Norton charged one of the Chi money-takers employed by hina at j the Lyceum with embezzling the sum of $8. The prisoner, who was also shroff at an hotel, was stationed at the gallery pay-box, where P.©, Romer (20) was also stationd. 1 sioner asked the Policeman if it was th be had been on that duty, and o red in the affirmative, offered to suppress some of the tickets and divide the money. Romer appeared to con sent; but immediately 1 Horton, and informed him of the prisonst'a dishonesty. Mr, Norton thereupon marked eight tickets, and sent them to the prisoner for sale ut the gallery. Sometime afterwards, the prisoner landed $4 to Romer, saying he had oh the tickets, and bad kept $4 for himself. Romer But ths $4 into hie pocket, and gave tem it. Norton. On counting up the tickets that had passed through the prisoner's hand retarned the eight marked ones as unsold, into custody. he May risener to two mont!

terton, however, id not wish the Prisoner tobe pu ought him up as a wa class who were entrusted at tin Property to largo amounts.—'The Magistrate at first demurred to reduce the sentence, but ultimately, at Mr. Norton's repeated intercession, consented to release the prisoner at the commencement of the Chinese New Year, Extracts,

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

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