The accused J. R. Tuoor was put forward to take his trial on the charge of larceny of 3 quantity; of Meeare. Jardine, Mathooon & Ca.
of Kerosene oil, the property Mr. Emens said his client pleaded guilty oil go away. He told Jardines' man that to taking the oil, but denied any felonious the ship would have to be pumped night and intel morning, and they would have to do what His Hoxour observed that he hoped to they thought best to get all the oil. see the regulations of the Court altered so Jardines' people made no complaint to him. as to admit a regular indictment, as at Cross-examined by Mr. Mysurc—He. present aman could simply be brought up on would say that it was the bth day that he told the most serious charge, even on a Messrs. Jardine, Matheson & Ca. about there of murder, without an indictment, morely on an affidavit of the prosecuting party. doing more oil in the ship. The discharging of the cargo was finished on the night of the He hoped soon to see the regulations 80 4th January. He would say itwas about a amended as to provide for the admission of week after that the mate told witness there the terms used in American and English was more oil in the ship, but he could not fix Courts, He thought that the best thi the exact date. He would not like to say that for the defendant to do would be to pi the mate was entitled to the leakage oil if it not guilty." amounted to 5,000 gallons, but it isthe usual Mr. Excxs said he admitted selling the custom that whatever is left by the iner-" oil, but he did it under the impression that chants after the discharging, is the perquisites he' was entitled to do so. of the mate. With a little manceuvring on Mr. Mysuxou said that it would great the part of the mate, and if he was long-facilitate matters if the defendant admitted headed, the merchant might not get much taking the all. He(Mfr, Mybungh) would then of the leakage oil. only have to contend that at the time Troop Oscar Ovex, carpenter of the Hagortook the oil it was his clients' property. stowon gave evidence as to his directions by His Hoxour—He will then have to try the mate to pump the ship which was done to justify himself. till the pumps sucked.
Owens said that Messrs, Jardine, Cross-examined by Mr. Mysurcu—Ho Matheson were not losers by the trans-remembered the tailor man taking away action. oil. It was about three weeks after the that the evidence given yesterday should Tu order to save time both sides agreed ship had left the wharf. Witness got nothing out of the oil, nor did he hear any form part of the record and be accepted as row about the division of the profits. testimony to-day.
Mr. H. Gorvon was sworn and said that, The report of the case in the N.-C. Daily News of yesterday was then read for the he had 18 years knowledge of shippin information of the Associates and accepted business. In his experience he never card as the evidence in the case. of a firm being so particular about a cargo of oil as to have what was mixed with the Mr. Emens said he would endeavour to bilge water pumped out. He did not know show that his client had-a right by custom what was generally done with it, but to the oil left in the ship after the cargo thought it was sometimes pumped over-had been discharged; that he had no inten-board. Some of the iron hoops of bale tion of committing a larceny as was shown goods were generally taken off and allowed by the way in which he dis} of the oil to the godown man as perquisites, in broad daylight, and with the Captain's knowledge. "He then called Captain Pea-Cross-examined by Mr. Mysurcu—Tho body for the defence. leakage of oil lardly ever exceeded 3 per Captain Tos. Pyanopy, master of the U.S. ship Antelope, was then sworn and said cent. If it amounted to LY rd cent., and he was the captain, he would have reported
in 1881. His experience was that after a that, his experience as Cuptain commenced the fact to the consignees.
His Honour said that the amount. of the merchant hed taken delivery of a cargo of cargo and the percentage of loss should be molasses what remained over after the proved. cargo was discharged, was regarded as the The defendant was then sworn and de-mate's perquisites. The same way with the
of oil. He had had two cargoes of oil while ofa cargo of cotton, and the leakage [ow that the ship arrived on the 24th december last year and the discharging of the cargo was at once commenced, some he was mate, one in Liverpool and the time after it was begun there was a dispitte other in Antwerp, and in both cases there about 200 cases of oil. Early in the new was a good deal of leakage left by the mer-year the discharging of the cargo was chant to the mate and boys, if they cared to go to the trouble of straining it off and finished, and there was Bgain " depute as to another 100 cases. ie boatmen said selling it. that witness was wrong. It was by the To Mr. Mysvrox—He could not say Captain's orders that the ship was pumped whether in either of those cases there was out. Witness asked the yodowninan to 5,000 gallons of oil left. If the merchant's have the boats put under the shouts of boats were not alongside when the mate the scuppers to catch the oil, but he te: umped the ship the oil might go overplied **We no wantchee, only water oil." fave got too muchee leak One day Captain Epcerr, who commanded the after this there was a crowd of Chinesp Hagarstown when her cargo was discharged, and children on the deck was sworn and said that when thedischargin was finished he went to Mr. McKie an told him that there was good deal of oil whereupon the godowntnan hunted still in the ship, and also spoke to the people away saying that Jardines woul godown man telling him to send some "bobbery" him, if they found them there, Boats to take off the remaining vil. The But next day the people returned. Witnes# boats came from far and near to the num-had frequently to put them away. The oil ber of 50, and he could not tell where cases were very difficult to handle and some of them went. They appeared to when they were touched commenced to Witness afterwards told the leak. In consequence of this Jardines give his boatmen each a sent iron lighters to catch the oil on chit as he believed that unauthorised boats the 2nd January. The Captain told wit-were coming for the oil. Neither did the ness that he expected to be finished dis-coolies know how to take the oil properly, charging on the 3rd, but he was not able and a good deal of it was blown away off the to conclude till the 4th. Witness afterwards top of the water by the wind. The state-got the receipt for the oil from the godownment of the tailor, Devering, that he took man. The godown man told witness that
4th of January was untrue, as the discharg-of the oil on the noon of the Messrs. Jardine, Matheson would not lose anything by the oil for which the Insurance ing of the ship was not finished till later, Company paid. and witness was on board all the time and saw what went on.
Cross-examined by Mr. Mysurcr—He considered that the leak oil belonged to To Mr. Exess—He was sure that he him. He supposed that the reason there told Jardines' people that there was more was no date on the receipt was that he for+ oil on board. The coolies let a lot of the got it.
Text read from the printed page and cleaned; old type leaves the occasional error.