pay his sampan-fare back. The next morucaptain's hands and not of the rope. The ing a friend gave him money to go on board. whole proceeding was a most improper one, As soon as he arrived the captain began to even asa mere matter of the discipline of abuse him, followed him forward and 20 the ship. Here was a man engaged in irritated him that he at last challenged the steering the shi the captain went and captain to fight and have done with it. id hold of ud half strangled him The captain denied that he abused Moore This was disgraceful conduct, and what j or followed him about the ship, but said he made it all the worse was that it occurred spoke to Moore about staying on shore so twelve hours after the first trouble was long.
His Worship deferred judgment till next over.
It showed a vindictiveness which His Worship was very sorry to find. His!
ly, and said that as under the circumst-Worship could make allowances for ances it was hardly desirable that Moore man in a temper doing something which or Elliott should go on board again, their he would regret afterwards; but here discharge would be ordered. the captain seemed to have deliberately
His Worship, in giving judgment, said he Sist January.
Kfcore because of something which had one into the wheel-house to fall foul of
would first deal with the charge of assault taken place in the earlier part of the day. brought by Moore against the captain and The captain would be fined $25 and coste, mate. Complai leged that on two and the charge against the chief ofter different occasions during one night, while would be dismissed. In the case of Elliott, he was on duty at the wheel, the captain what took place occurred in the presence and mate entered the wheel-house and beat him, and that on the second occasion they of a great number of people, and the case was thus different from the other, but it passed a lead-line round his neck and tried was not any the more easy to get' at the to strangle him with it. The captain denied truth, because the men all told one story anything beyond ing him, and eaid the and the officers another. It was not clear mate was not in the wheel-house at all. who was precisely to blame for the distur-The mate denied that he was in the wheel-Dance. Elliott seemed to have thought, house. It was very difficult to ascertain quite wrongly, that the mate had intended what did take place in the wheel-house to injure him by letting fall the yard, Elliott that night, There was the man on duty at. came on deck, then they were rude to the wheel, and there were only the captain each other, and used bad language, and and mate in the vicinity. The first question was, Did the mate go into the wheel-then they got to lows. His Worship did not believe Elliott did quite what the mate house? "His Worship had come to the con-says he did—butted him with his head in clusion that the mate did not go there. the stomach and tripped him up. However, There was the captain's statement in favour they hada tussle, und fell, Elliott under-of the mate on that point. The mate's most at first, but then it seemed that Elliott own statement must be put aside for the was able to get on top of the mate, and it moment, because he was unquestionably interested in saying he was not there forward and dragged Elliott off. His Wor-was at thie point that the captain came but there was no reason why the captain ship did not think there was much beating should say the mate was not there if he in this case. No one was called to say he was there. To that extent complainant saw any marks on Elliott. There was story was not made out, and on that nothing much in the way of blows on charge the mate would be acquitted. As her side, and his Worship did not know to the captain, he was there. admitted Elliott was not as much to blame in the ud admitted i matter as the chief officer. It was wrong plainant. The for them both to use the language they did, a great deal more, such as but as far as assaulting Elliott was concern: and attempting to' throttle hi ed, his Worship was unable to say the mate lend-line, the mate helping. But having did much more than defend himself. When comet the conclusion that the mate wasn't Elliott got up and ran away they got belay-there, his Worship must also believe that ing pins, which fortunately were not used, there was nothing done with the lead-line at and after a little Elliot surrendered to the What did the captain do? He admitted mute and was brought aft, and here again the shaking complainant; and his Worship captain interfered, took' hold of the man thought it was a great blunder on the part by the neck and ill-used him. The captain of the captain to go into the wheel-house said the man wanted to get away, but when Moore was there, to effect the pur-Elliott was a mere atripliug compared to pose which his Worship was convinced the captain, and it was absurd to say that captain had in his mind. The captain the captain could not prevent him from first explanation was that he went into running away, when none of the crew were the wheel-house to remonstrate, and he add-near. The captain used violence in thi ed that he had gone not so much for that case, and showed sume cruelty when the purpete a8 to find out how the ship was poor man in the lazaretto asked for a drink cading, and finding Moore there it occurred of water, and the captain's reply was to tothe captain toremonstrate. His Worship put the hatch on, on the ridiculous pretence did not believe that when the captain came that it was not permitted to speak to the into the wheel-house Moore became insolent. man at the wheel. This was not so bad a to him, What had occurred in the after-case as the other, but still the captain was noon was not likely to induce one of the to blame in both, and in the second he crew, far from the forecastle and unable to would be fined $15 and costa, the second get assistance, to become insolent to the charge against the mate being also dismissed. captain in the wheel-house. His Worship thought the captain went there with the that he was disorderly, the chi inst Moore, he admitted and he would be intention of, to put it mildly, remonstrate fined $3 and costs. His Worship added that ing with Moore for what had already taken there must have been something radically There was no reason to fear a recurrence lace. This was a mistake altogether. wrong on board the ship seeing that seven men and the boatswain deserted her of the trouble, and the captain put abandoned their Wages at Singapore. self completely in the wrong. According to-the mate, the captain was five or seven Captain McKenzie replied that the minutes in' the wheel-house; snd his Caldera lost no more men than any other vessel at Singapore.
Worship thought that, feeling anna; what had occurred, the captain shool After his Worship had given his decision, beat Moore. That the captain used v1 ce Elliott applied on behalf of the witnesses was. beyond all question; even the boat-for their discharge from the ship, as they swain whom he called as a witness testi-were afraid to go to sea in her again. fied that he heard Moore calling for His Worship said it was not advisable help. The man who relieved Moore at the that the two men for assaulting whom the wheel.saw the marks on his neck and so captain had been convicted should remain in did the crew. These marks, His Worship the ship; but he could not grant the dis-was inclined to think, were marks of the charge of the other men.
R. Puuurs ano Bruce.
Richard Phillips and Robert Bruce, two coloured seamen, were charged with refusing duty on board their ship, the Culdera, on Saturday, 7 Both meu stated that they were unable stand the cold. Phillips, who said was a native of St. Kitts, was ordered to be discharged from the ship, the amount vf wages owing to him being sufficient to cover the guarantee. Bruce, a of St. John's, New Brunswick, was granted his discharge. His Worshi that as there was some excuse for the re: fusal of duty he would not order defendants to pay the costa Another coloured sailor came forward in court and asked fur his discharge from hip, which was granted, the captain acquiescing.
icQueeu, a witness in the case heard two days befure, also applied for his di charge, on the ground that he was afraid to go to sea in the ship again, His Worip refused the application,
Text read from the printed page and cleaned; old type leaves the occasional error.