J. Smith, chief mate of the Camelot, wns charged with wilfully disobeying a lawful command of the master, Henry Peters, on June 9th, and again on the 14th.
Mr. '8. P, Wilkinson appeared for the hold read en o'clool was reported to him that the mate would Witness sent a note to was to superintend th f cargo. Shortly after twelve defendant came alor ide drunk: Witness left the ship ud then saw defi in a jinricsha near the wharf. In the afternoon witness told the stevedore to get his gear ready for taking in cargo. Between four and six o'clock, when the atovedore's men were busy aloft, the mate came to the ship's side and told them come down, By defendant—The hold was made ready and the bilges were cleaned during the 'A sailor named Matterson said he delivered the captain's note to defendant, who read and said no work was to be done that day. He then told the crew to cease work, and ordered the hatches to be put Capt. J. P. Roberta stated that he went to inspect the Camelot on the 9th, at 2 p.m. No work was being done." The boatswain told witness that be and defend. ant_ were gain; to ask the captain for an note.- Both the boatesrain. drank. In consequence witness reported against when " special permit Willoughby Poignand, warehouseman at the At ted Wharves, said it was Laven Comriatsts.—Dr. King's Dandelion and Quinine Liver Pills, without Mercury, are a potent remedy; remove. all Liver and Sid Shoulder "Pains, He Tu. Stomach Complaints, Biliousness, Headache, that hi 'He had been: previously: told by: the fromthe captain'. to: take! in-iron ear; captain that the ship-would be loaded-with Kerosene il, and knowing that. heavy tackle was _not aired: for. kerosene, he told the stevedore's; méu.'to take. tackle away, -He-underatved the captain's note to apply.only.to-kerosene. Besides, there was only one seaman on board to do the work. Defendant further alleged that. the prosecution had been. brought out. of spite, defendant. having, said he. woul the: ship examined,: as. she'. was;.uot7nea-worthy..-The captain hud yenid ie. would Boo: Defendant was the only Englishman st defendant out of the: ship if it cost him
the dinah crew she carrie there re three on' board: this. Englishahips ant out of
who'eonld not suswer'to their.nam With-regard to the charge of disobedience com the 14th, the captain stated that it was necorsary: to work on that day (Sunday) to comply' with the. charter. party, day having been lost through defendant. btopping work on the 9th: sOn the Saturday night witness told defendant that he would have to: take in cargo: next day, to which defendant replied Allright." Next moruingdefendant asked if he would be paid overtime. Witness replied that -he: could not and would not do a. The. defendant then said he would not take in the cargo, and witness had: to superintend. the. work himself.
Defendant ssid he was. willing to: work on Sunday, as he had done'over iand over again in all parte-of the world, but avy.oue who worked cargo on Sunddy expected to receive overtime for it.. On th he attended: to his other duties.. He had hat the cargo. would if he hud allowed the stevedore to load iron on the 9th and had afterwards found this was the wrong cargo, he would lad to pay out of his own pocket the expenses of removing it.
Capt. Peters said he told defendant on or about the 5th that. the ship might fill up with kerosene, but after that date defendant had been drinking, and witvoss said no more to him about it.
His Worship said that if it had-nat been shown that defendant was drunk on the 9th, quite yarly in the morning,.he would have been given the benefit ut the doubt isto what orders: were given him but when aman was drunk he could not remember what he did,. With. regard-to the. second case, defendant admitted refusing to work... There: was no sufficient excuse for this. Defendant, if he considered extra, money was due to him, should have done the work first and afterwards brought ah action against the captain, " Refusal: of duty was only punishable' under. the-Merchant ping. Act by': imprisonment "and foryy... In' this'oase "'defendant Patrick Grace, sailor, pleaded guilty to.a of being. drunk and: incapable in Ships were frequently Broadway at 7 p.m..on-the 17th and was and ordered: the pat on-board hip, which was to sail next day. 'BR. 0. NIBLAEN, Martin Niel ilor,"arged being "drink ang" disorderly admitted being a little drank," "and, it, appearing that. he—had- been before the court: on a similar charge a fortnight ago, was fined $6-or-itr-defouls 14 days' imnient; but to: be; put."on. board the ship if she left before that. time had expired,
Text read from the printed page and cleaned; old type leaves the occasional error.