The same defendant was next summoned ther seaman, for assaulting sea, on the 19th Ju "~The facts wer somewhat siniilar to those to which re have devoted so much space, and the case being fully proved, Defendant was fined $5, and costs.
R, (Captain Furxy) v. G. Kvaurx, Absent without leave.
Defendant said the last complainant asked him to come to Court as a witness for him, and the Captain and first mate being ashore, he asked the second mate for leave, which was refused. He therefore came without leave, but left a man in charge of the cooking, as he had done on former occasions.
ship.
Ordered to pay costs, and to return to the August 5th, R. (Captain Fursx) v. G. Barme, J. Cox, Firzoznatb, R. Goxvos,. GiovEn, L. Castox, C. Nrstsox, G. Porter, and Absent without leave, ant Refusal of Duty.
Defendants are able seamen of the ship John Parker, all of whom were before the Court on Tuesday last, either us complainants, defendants, or witnesses in various cases connected with the ship.
Captain Fuvsx deposed that when the defendants left the Court on Tuesday, they did not return to the ship artil the evening at about supper time. They remained on board all night, but. went ashore again at 5,30 on Wednesday morning, before he had a chance of seeing them. They came on board again at dinner time, when six of them went ashore, three—Bathe, Coxand Gordon, staying on board, but refusing to do any work. He ordered them to turn-to, but they refused. This morning it was necessary to haul the ship from the wharf into the stream, but at the moment the steam-tug came alongside, they all ran ashore, and complainant had to engage 12 fresh hands at §1 each to do the work on board. The. croy number 26 all told—captain, two officers, 13 able seamen, six ordinary seamen and boys, carpenter, sailmaker, cook, and stewardess Three of the crew were ab their work, a one was in briton on another charge, crew were all shipped in Liverpool The defendants were questioned separately, and all said they wanted to be discharged from the ship. Bathe said the reason they did not go on board on Tuesday afternoon, was that they wanted to seo the Consul with a view to obtain their discharge, and could not see him until four o'clock." They were afterwards afraid to goon board. They hai tried every) lawful means of obtaining their except by refusing duty, Both the chief ang Aischarge, but saw no other way of ese second mate had threatened what they woul do to hi (Bathe) when they got out to se, and the chief mate had taken on oath th he would have his life.
'His Worsmir said that having placed their ease in the Consut's hands, they should live gone on board again atone. 'They had ta A wrong course in not doing #0. 'To commit an unlawful act, after seeing' the Consul, made the matter worse.
Cox said he heard the chief mate say he would "laze" them all when they got outside and he was consequently in dread of going to sea in the ship, because he had been beaten before, though he had not summoned the nate for it." When they wore only a week out from Liverpool, the mate threatened to kick his brains out, Captain FLysw wished to inform the Court, that on the previous day when the men were in Court, Cox and the chief mate were the best of friends, and the mate asked him to come as a wine:
Cox said this was a wrong statement.
Feracenaup said on Tacsday, they were told they could not see the Consul for an hour and a half, avd thought it was not worth while going on board for that short time, The Captain came to them there, aul would summon thew all for bei absent without leave, and they then thought it was not worth while going on board at all. He (Fitzgerald) hiad been beaten by the chid mate, for which he had summoned him ere, and caused him to be fined, on Monday last He was afraid of the mate and would not i'he had been threatened by all the officers, and the Captain had been heard tosay he would mako things hot for then when he got them to sua. The Captain would have paid the crew off here, if the had been going to Englan she was going to Callao, and he wi determined if possible to keep them, bees he knew there wore greater facilities to them ashore at Callao than in Shanghai. fe (Gordon) had been twice struck by the mates, and would do no more work on board.
Captain Fivxx denied the statement about Callao.
Grover said he also had been struck; Castox had been called out of is name, and subjected to petty annoyances had been kept at work during his watch below. He had always done his work, but had been obliged to be pretty smart about it to avoid been struck. "He had been four teen years at sea, and never was in suchs bad ship before. complaints; and Netsox had been sever!
Boprs (0 Frenchman) had " long iskof ply times called out of his name.
Captain Fivsw said he was satisfied the met had been led astray by some.mysterious in fluence that he did not know of, He was sure it was not of " their own good will" they were acting 50. So far from wishing, to att rid of the men at Callao, it was to the interes of the owuera to keep tem, Wages at Call The ship had 110 ey days, which he could ently as high as £15 per movtb, ake Less than 90, 50 if he were to be put such additional expense, it would ent Up the freight, Cox and Frrzceratp said they had b veen Callao, and the wages there were only £5 per month.
His Worse questioned those defendauls who said they had been threate a mates, as to whether the threats lad bee carried into effect, and in_ each instaas received a negative reply. Ho went jay that the defendants were not jus
Text read from the printed page and cleaned; old type leaves the occasional error.