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March 18, 1896.]
not mean insolence-I do not say this is the case, but it might be it night not mean inso lence that we should be called upon to deal with Do you wish to go further?
Witness-No.
The President-→Very well. No further questions wore asked by the Court Mr. Dennys-You offered to discharge the defendant, did
you not?
Witness-Yes,
Mr. Dennys-He declined to take his dis- charge?
Witness-I told him I would pay him off, but he said he did not wish to leave the ship.
Mr. Dennys-It was after his saying that that you asked for this Court ?.. -
Witness-That was some time ago-in May last year.
Mr. Dennys-Haven't you offered bim bis discharge recently ?
Witness-No.
CHINA OVERLAND TRADE REPORT.
The President-I may as well tell you that in an inquiry by any Court where charges have to be investigated one of the first principles of evidence is that it is no good a man coming and saying what somebody else told him unless the third party was present. It is not worth the trouble of writing it down. In this caso the captain told you he had served a copy of the citry on the second officer. It is very likoly that was so, but the fact is not proved. If the second officer said he did not recoivo a copy and the captain said he did, where are you? You cannot go further.
Captain Darcy-Have you not on many occasions had a great deal of insolence from the second officer?
Witness-Yo very often. In February last year at Batoum--
The President-Well, let a have more modern history if possible.
Witness-On arriving in Hongkong last
Mr. Donnys Are the owners or any of the May I ordered the defendant to get the wires agents in this part of the world?
Witness-Only the general agents. Mr. Donnys-Who are the owners ? Witness-Caulfield and Co., Cardiff.
Mr. Dennys-What has been the reason for your disliking the defendant?
Witness-I never disliked him at all; there is no personal dislike.
Mr. Donnys-Haven't you told him he is no- body on board the ship and that ho must not consider himself opplöily because be happens to be friendly with the owners ?
Witness-No.
Mr. Dennys-Ho brought the ship down from Bristol to Car?
Witness-I brought the ship down with tườ pilot.
Mr. Dennya-He helped to take the ship down?
Witness-Yes.
Mr. Dennys-Ho brought you a letter from the owners
Witness Yes, he said he was joining the ship. Mr. Deanya-Yon have no personal dislike for him, but you want to get him off the ship?
Witacss-Yes.
In answer to further questions witness said that the second officer stowel the dunnage in the after hatch.
Mr. Dennys-Where were you going on the 10th July?
Witues--From Portland, Oregon, to Hong- kong. We arrivel here in August.
Mr. Dennys-Yca brong ht no charge against the second officer then?
Witness-I made a complaint to the shipping master.
Mr. Dennys-You made a complaint and asked for an investigation ?
Witness-I gave in my official leg.
Mr. Denay-Did you ask for an investiga. tion P
Witness-Yes.
Mr. Dennys-It was refuel? Witaces-No; I found i si uct time to have an investigation.
Commander Kipplefade-How long were you here in August?
Witness-boren dara.). We arrived one Sun- day and left or the following Sunday.
William Hughes sa4-1 am chief officer of the Chitiugong. I remember the 10: July last year. The ship was ourovage from Fort- land, Oregon. to Hoursong. Ac rix p.m. tho captain was on the bridge and the second officer was down the fore duck. I was in my room. I thought I heard the cap-ain ask the second mate what he was doing. I did not hear what the cap- tain said. I heard the seroud mate answor, but I do not know what he said. That is all I know about it. I remember that the captain ordered the second officer to his room. Au entry was made in the log. I know the second officer had a copy of the entry because the captain told me. I have heard from the capiain about the second officer's conduct on the 12th February. I was not on deck at the time.
Mr. Dennys- I must ask the Court not to take that because of course it is not evidence.
The President--We will take it for what it is worth.
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Witness, continuing-I know that an entry was made in the log, and that the second officer had a copy of the entry. I know that, because the captain told me.
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ready to moor ship. He replied by jumping on the deck and throwing his arms about. He refused to stay on board and said that nobody could stop him. On the 15th May he gave me mere insolence and ubused me.
Captain Davey-Has he offered to fight you on several occasions ?
With s:-Yes, in Batoum-
The President-Oh, don't take us back to Baicum again.
Witness-Welt ir Saigon he threatened to smash me up.
Caj in Davey-Didn't he refuse to do some duty you told him to perform?
12. -About three weeks ago I told him to rup. vinʻond the working of thembers. He 1. Id me to do it myself. I said I should report him. Alout two hours afterwards he asked me if I had reported him, and I said "No." I at words reported him.
The President-Can you give the Court little more defuite evidence about the abusive language? Don't be afraid of shocking our feelings. Let's have some of it "Abusive language" is a very general term, you know.
Witness-He was very abusive in Portland. The President-Let us hear some of the laer acge,
Anc. When he was ordered to clear up the decks at seven a.m. he used abusive Language.
The Pedent-What sort of language? Witnes-Ho called me all the skanks- The President-Let us hear details. With-I wont to his room and called him and berme on dock and abuțed me.
The President-Did you say anything to him
Wites-No.
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The President-Do you mpan to say he went on deck and abused you without rhyme or
ress ni
Witness-Yes.
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refused to clear the deck when I ordered him. I signed the entries in the log because the captain asked me. The entries were written by the captain himself. I am not on good terms with the second officer. I do not know the reason of his abusing me. As far as I know he isja sober man, and I believo ho knows his duty. Mr. Dennys-Now what is your reason for trying. to get him off the ship?
Witness-Would you like to be abused like a blackguard for the past ten months like I haro been?
Mr. Donnys-Is that your reason ? Witness-He has always been abnsing me and working against mo.
Henry Simon, the carpenter, was called. The President-What-nationality are you? Witness-I was born in Russia and married in England. (Laughtor). I have been in the Chittagong six months. On the 10th July the second officer gave "cheek to the captain. I was not on deck at the time, but I was in my rpcm. I could not hear what they said. I signed tho entry in the log, I cannot remem her what it said, but it was true. I know it was truc because I heard the second officer give
chock.
The President-What was the "check ?" Witnes-It was very bad language; shall I
lyon what it was? It was very bad. The President-Oh yes. We must hear these ings sometimes. It goes against the grain very much, but we must hear the language sometimes.
Wituos-I can't remember what it was. I heard that it we bed language, I know.
Witors, crutinuing, said the second mate Eft the bridge on the 10th July to look after the damage. Witness did not hear what took place between the captain ́and the second mate. At Pectend the second mate was going ashore before the ship was secured. He once said fomething like "Damn you' to tho first mate.
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By Mr. Denny-Witness could not remem- ber what bad language the second mate had used.
James Wilson, chief engineer, said he had beard the second mato use abusive language to the first matc, and William Bouting, the Bouleyman, gave similar evidence.
Mr. Dennys addressed. the Court and called attention to the fact that the second mate had been at sea thirty-three years, and his Petiscat: proved him to be a man of excellent harcter. The charge against him was a paltry one.
Deudant said-I am a native of Cork. Wacnever I wont cshore I had the mastor's permission. Each time I went on shore I got money and leave from the captain. I have never retaliated when the chief officer has poken to me. We had a dispute once about the position of some casks. I have not abused the captain. When the first mate told me about the duonage I said my proper place was ou the bridge. I afterwards wout and secured
The President-There must be have beon the-dunnage and got hurt. som - red-on, -nivly,
Withers-He was rexed at being called so early. I cannot remember all he said. He
called me names.
The Prsidont-What names ? Witnes-Skuuk and I don't know what. The President+If you don't know what how do yca know they were Lad james
Wita: ss-They were bad names, but I would not like to repeat them.
The President--Oh, don't be afraid. Witnes -lio called me all the and sly rkunka.
The following w: the finding of the Court- We have carefully considered the ovidence before the Court in the presence of the accused as We are well as his statement in defence. of opinion that the evidenco is too vague and general in its terms to sustain a charge of gross misconduct ca the part of the second officer, Mr. Donovan, and tho Court therefore does not deal with his certificate. We are however, of opinion that his conduct has boon highly unbecoming in his position as second mate of -skunkstho Chitingong, and consider that in the best interests of all concerned it is necessary that he he said should be discharged from the ship, and we
therefore order his dischargo accordingly.
The President-Do you mean to :
-skunk for no reason at qil ? Witness-I did not do anything The President-Is that the way he frequently goes on
Witnes-Yes.
THE POLICE REPORT FOR 1895.
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The report of Captain Hastings, Acting The President-When was the last time ?
Captain Superintendent of Police, was laid bo- Witness-In Sigon, three weeks ago. Ho fore the Legislative Council on the 10th March. said the donkeyman was not a fit man to keop1t is as follows, a few tables being omitted -- watch and I said that was my business. He then commenced calling me names and said he was going to swash me.
The Presidont--Now you are going into generalities again. When did he call you P
Witness-He said "I will smash you" and then walked away and I heard no more from him.
By Mr. Dennys-At Portland defendant
The statistis show an increase as compared with the return of last year of 54.85 per cont. in the total of all cas reported to the Police. In the sub-divisions of these cases into sorions and minor offences there appears an increase as com- pared with last er of 7.45 per cent. in the former, and of 74. the latter category. The reason for this increase in serious crime is pro- bably to be found in the fact that during at least