R. v. Lee axp Wester.
John Lee, boatswain, and James Webster, carpenter, both of the British steamer Glenlogan, were charged with having wilfully damaged cargo on the steamer Glenlogan, to the extent of £20, whilst the said steamer was lying in the port of Shanghai, between the 19th and 22nd July, act, 1894, 57 and 68 Vict., Cap. 60, sec. in contravention of the Merchant Shipping
James McGregor, sworn, said—I am the master of the Glenlogan. On Monday forenoon, about 10 o'clock, while.walking along the deck, I met the second officer carrying two rolls of plush. I asked him where he had got them. He said that he had found them in No. 5 tween-decks, in the fore part, partly concealed behind some dunnage wood. I told him to put them in a safe place for the present and to get any partially damaged cases up from the hold for examination. When the cases were brought up I examined them. Three had the woodwork broken and the tin lining cut. The contents of one were intact; the contents of another had been disturbed and were partly hanging out. The third had two empty cardboard boxes just immediately below where the lining had been cut. The description in the manifest showed that these cases had contained plush. I thereupon ordered the second officer to put back the plush inside the boxes and have the cases repaired. In the afternoon I received a further report relative to the matter, from the chief officer, and I then called in the assistance of the Municipal Police, who investigated the matter for me. On the strength of admissions made by defendants to the de-tactives, in my presence, I thought it best charge the men before this Court, Harry James Henderson, sworn, said—I am chief officer of the Glenlogan. The second officer reported to me about the plush having been brought up from the tween-decks. He told me that when he was putting it into his room, according to the captain's orders, the boatswain, John Lee, who was standing near at the time, made a remark which showed that he Imew something about the plush. On hearing this, I went to the boatswain and asked him if it was true that he knew that the plush was out of the cases, and when ther he had intended to get them up himself. He told me that the carpenter had told him that the plush was in the "tween-decks, out of the cases, and that he and the carpenter had intended to get them up into their own room. I then reported the matter to the captain and the police were sent for.
By the Court—The boatswain had nothing to do with cargo. It was the carpenter's duty to repair cases, if necess John Wiljiam Wren, sworn, said—I am the second officer of the Glenlogan. On Monday, about 10 o'clock or 10.30 in the forenoon, I was down the No. 5 tween-decks. I found two rolls of plush; they were not rolled up at the time. They were stowed away behind a Tot of dunaage wood, between the dunnage wood and the forward bulkheads. It was pushed down as though it lad been put there hurriedly. I got them out and made them into two rolls. Thad them passed on deck and proceeded to carry them to the chief officer myself. On'my way I met: the captain, who asked me where I had got them. I told him, and ho said 1 must put them in a secure place for the present. He also asked if I bad found any cases broken or damaged. I said that I had, and he gave me instructions to get the eases up on deck for repair. I proceeded to my own room, which was next to the room occupied by the carpenter and boatswain. The boatswain was in his room at the time. He remarked that ho knew the stuff was' in the hold. In a laughing sort of way he said it would do for a cumshaw. I said that would not do; it was the ship's property. I asked him how long he had known that it was in the hold. He said "Three or four days." I ought to have mentioned, that when I first sew him in his room, I had difficulty in opening my door, as I had the two rolls of plush in my arms. asked the boatswain to bold one roll while unlocked the door, and he did so. I then put the rolls into my room and locked it. Iawent to the chief officer and told him of the occurrence.
John Lee said that the second officer's evidence as to the conversation with him seas not quite correct. The second officer came to his door and asked him if he would hold one of the bales while he unlocked his cabin door. He (defendant) said "Cuusha?" and the officer replied "No, ship's goods." He then said "I and the carpenter knew it was in the hold." He had confessed everything to the captain. The carpenter had suggested that they should take the goods to their own room, He fell in with the suggestion, though he knew it was wrong. He was very sorry for it.
James Webster said that he found the goods stowed away behind the dunnage yood and immediately thought there was something "fishy" about it. He went on deck to report to the chief officer, but the
Text read from the printed page and cleaned; old type leaves the occasional error.