Defendant, a native of Bombay, is an able seaman of the P. & 0. steamer Geelony, and was charged with being drunk and asanulting a Police constable in the discharge of his duty.
P.C, LONG stated that he found defendant fighting with another man in the Woosung road, at 7.45 on Sunday evening. He separated them, and took defendant some distance down' the road, when he suddenly 3 started off and wanted to commence fighting again, and he then tried to arrest him, Dee fendant immediately seized him by the beard and front of his coat collar, saying, Damn you, you shall not take me to the station." He also seized witness by the arm, and giving it a peculiar twist, rendered it uaeiess for half-_aminute, Witness still held on with the other, and in self-defence was obliged to throw defendant, whose head as he fell came in contact with a wall. He at length got de-fondant to the Station, where it required the assistance of another man to put him in a 3 cell, after which he continued to be so violent that he had to he put in irons.
His Wonsusr ordered defendant to pay coste, $1.50, and to be imprisoned and kept to bard labour until the ship sailed on Saturday next, Defendant (who began to cry) asked for the boy Wilcox into the cabin to assist in the infliction of 'a fine, without imprisonment, duties of steward. With respect to what otating that, if he were imprisoned, he would took place on Thursday last, he- told combe beaten when he returned on plainant to wash out and clean the galley, His Worsuir declined to accede to the which was in a dirty state, as it always was, request, a8 it appeared defendant had no and he refased to do it, At wea, he did tell money due him on board to pay a fine, complainant not to put his nose into the and told him that the people on board fore cabin again, When he (defendant) went would-be informed that he was imprisoned into the galley on Thursday, he had no parti-by order of the Court, and that he would not cular reason' for going there. He had be beaten when he returned. frequently to go there, to seo-that it was Kept clean, complainant Keeping it in 60 April 10th. dirty a condition. It was not the first time by dozens that he had had to go there for (Cuances Savoy) v. Jantes Fox. that reason. It was also true that he threw Summons for Threatening Language and the melted butter in complainant's face, but Auault, he had"been very much annoyed by him at Complainant, cook and steward of the the time.
British barque Lady Bowen, summoned the His Wonsurr—He has not charged you Master, James Fox, for using threatening with that, although it is a distinct assault, Innguage towards him on several occasion What he complains of is the assault on during the passage from Sydney to Shaugh: Thureday last. and also for assaulting him, in harbour, on Defendant—If you will postpone: the 5th instant.
I think I can show it never took plac Defendant emphatically denied both char His Worsurr—I think that would do no Complainant told a long story to the effect good. Your own witness now says he saw that he shipped on board the Lady Bowen in you rue, and a man does not rush for Tanuary last as cook and steward, and that nothing. Why did you not let him come after sailing the captain continually found ashore to see the Consul? Did he give you no fault with him for the way in which he per-reason? formed work, He also threatened to Defendant—No, he did not. Ho said ho put him through the mill on one occasion wanted to see the Consul, threw a basin of melted butter in his face His Worsurr—That was sufficient reason, on others threatened him and used bad and I tell you for your information that you are Language to him, and had also told under a penalty for refusing to let him come. the carpenter, if' he (complaivaut) got in By refusing, you drove him to come ashore his way, to' throw the kettle at his without Teave. It was not right'to refuse head, Defendant also said to him, if he put let him come. It is always the better hhis nose in the fore cabin again, he would men have any complaint to make of break his bloody head, and had used similar matters on board to lot them come Tanguage to him on several occasions. He ashore—it excludes any idea of your seeming asked defendant to discharge him, and he not to wish to prevent them. I mention that only refused, but eaid he would not pay him a for your own guidance in future, When I farthing of wages. On Ilursday, the 5th, hear that men ask to come ashore and are defendant ordered him forward to the galley. refused, I begin to think that the captain He went, and was followed by defendant, has something to conceal. That may not who seized him by the throat and shook be the fact, but it looks like it. Accord. at the same time threatening to throw him ing to your own showing, the complain. uto the copperaand break his neck before he ant is not worth hi It on board—why do had done with him. Complainant then asked you not discharge him, if he wishes it? for leave to come ashore to see the Consul.
Defendant—I shall be glad to do so.—In Defendant asked him what he wanted to answer to further questions defendant stated the Consul for? Complainant replied that complainant's wages as cook and steward wore he would know soon enough. Defendant £4 per month, and two months' wages were refused to let him come ashore to see the due him.
Conwul, and on Friday, when he again asked Complainant, also in answer to questions, for leave to do so, he again refused and id he had formerly been an under cook or threatened if complainant came ashore with-'a London hotel, and went out to
Complainant waa afraid of his life on board, out leave, he (defendant) would Jock: him up.
Australia as steward on board a ship. He believed himself capable of performing the and wished to be discharged. The defendant of cook, but when lo allipped on board did all he could to make him miserable, and the Lady Bowen he had no idea she was #0 found it impossible to give him satisfaction.
Jarge a vessel carrying so many hands, which By defendant—There was no one in the made the work too much for one mat galley at the time you assaulted me. 'There Tt was stated that if the complainant were Ware none of the meu near enough to see to be discharged from the Lady Bowen, the what was done. The first and second mates Superintendent of the Sailors' Home would and carpenter were standing near the poop, not receive him into that institution, tnt they could not see what was done, His Wonsmir said he should think the man His Wonsuir (to the defendaut.)—You had might be discharged, If a captain was better tell me your account of all this. Is it dissatisfied with a man, and the man found true that you assaulted him on Thursday las! he did not like the ship, it was always the Defendant replied no; nor did he ever hest course to discharge the mau, if it could threaten hi He had witnesses to call who be done. He regretted that at present it would say so. seemed the complainant could not be Wicox, a boy, called by defendant, said charged, and suggested that the captain he was in the cabin or Thursday last, at the should see Mr. Bowen about it, With regard named by complainant. He knew nothing to the case itself, it seemed not a very serious of what occurred in the galley. affair, but His Worship thought the captain The Boatswain, next called, said he was did take the complainant by the throat, for near the galley atthe time in question. Com-he did not complainant would concoct plainant came into the galley, and was followed by the captain in a few minutes.
8 change like that, "Defendant's own witness gave the impression that it was done. Bo-ness heard them "growling" together, and sides, His Worship did not like the refusal, saw the captain rush, but did not see him twice over, to allow complainant to come touch the complainant. He heard the cap-ashore to see the Consul. Taking the case tain say something about breaking necks, but altogether, he would make the defondait did not pay particular attention to what wes pay the cost of the summons only. The said or done. complainant must go back to the ship, and. His Woxsare.—How large is the galley? try to do his very best in the performance of Wituess—About fourteen by eighteen, I his duty, and the captain would not interfere suppo with him, Defendant then again said that he never struck or threatened complainant as he had asserted. Even if he had done such
Text read from the printed page and cleaned; old type leaves the occasional error.