The Express.
London, England, 1853-01-15 00:00:00

DESERTION OF MERCHANT SEAMEN.

PORTSMOUTH, FRIDAY.
Owing to the great influx and detention of met'•
cantilc shipping at this port, arising chiefly front the press-
room of contrary winds, several casco of doeortioa have been
brought under the notice of the borough and county magis-
trates, some of which have proved in a striking and singular
manner the imperfection of the law on the subject, and the
difficulties in the way of the administration of justice in re-
ference to such cases, One of these eases came on to-day
before the borough bench, the magistrates present being
the Mayor (G. C. Stigant, Esq.), J. 0. Travers, J. F. Pratt,
G. J. Scale, and J. S. Sayers, Esqrs., under the following
circumstances :
Thomas Goy, William Tait, and Robert Wabon, three
seamen belonging to the Jane Sawyer, merchant ship, now
at this port, applied for the assistance of the bench towards
obtaining from John Avery, captain of that vessel, some pay
due to them for their services on board previously to leaving
her.
The causes of their leaving were that on Thursday, the
6th instant, they were brought before the bench on a charge,
preferred by Mr. Avery, of refusing to obey his lawful com-
mands as their captain. The excuse they then urged for
their conduct was the fact that Mr. Avery dial not allow
them sufficient food ; that he was in the habit of getting
inebriated, by which the safety of the ship and their own
liges were jeopardised, and that he had threatened to punish
one of them very severely when he got them out at sea.
Mr. Avery declared that the accusations of his men were
unfounded, and urged through malice, and that the only
measures of severity he had had recourse to had been
necessitated by the mutinous and disobedient conduct of
the men. The bench, after patiently hearing
both sides, could only arrive at the conclusion that the men
bad clearly been convicted of the offence, and sentenced
them to seven days' imprisonment each, with hard
labour. However, the same evening, Captain Avery him-
self was taken into custody in the High-street of this town,
by the police, for being drunk, and behaving in a riotous
manner, and the next day he was taken before the bench,
and fined 205., with 7s. oosts.
The seven days' imprisonment of the eetmen having ex-
pired yesterday, they refused to return to the ship, and
making application to the captain for their 19 days' pay,
he refused to give it them, on the ground that having
been convicted of illegally disobeying his orders, their pay
had become forfeited. This was the ground of their com-
plaint before the bench to-day.
The Bench, addressing Captain Avery, said the case ap-
peared a very hard one for the men ; they had been
punished by imprisonment, and now he attempted to de-
prive them of their wages.
Captain Avery said the act which he had in his hand
(which we undentoed to be the Merchant Seamen's Act)
justified him in the course he had pursued. If the men
had returned, on the expiration of their imprisonment, to
their slip, he would not have refused paying what was
due to them
The bench replied that the men were obviously justified
in declining to go to sea again with an intemperate man.
Tbey (the bench) did not wish to open up all the circum-
stances of the cue, but they could not forget them. They
mast abide by the law, and tell the complainants that they
could give them no redress; but the case was a hard one, as
the men were being punished twice for one offence, even
had they had no justification or excuse for committing it.
The parties then left the court.

SEAMAN'S HOSPITAL SOCIETY (TMEDREADNOUOIIT).
—The ordinary quarterly court of the subscribers of this
institution was held yesterday, at the offices in King Wil-
liam-street, City—Captain G. Probyn, 11.C.8., in the
chair. The proceedings were confined to the reception of
the report, which stated that during the last quarter 13
I patients had been received into the Dreadnought from her
Mujesty's ships, 627 from those of the East Dais Company,
and of the British and foreign mercantile marine, which,
with 98 in the hospital on the lit of October, made a
total for the quarter of 738 patienta. Of these 129 were
still sick, fit fir duty, 6 ; and discharged, 603. The num-
ber of out-patients for the quarter was 407, and the total
number of patients received since the establishment of the
institution in 1821, was 67,692. The receipts, including
legacies of 3191. Os. 54., from B. 11111, Esq., and 101. from
Lady Colville, amounted to 1,6391. Os. sd. ; and the ex-
penses to 2,05 i. 4s. Id., leaving a balance against the hos-
pital of 4191. S. 7d.
A GIGANTIC EMIGRANT SHIP is now building by
. one of the first shipowners in the country, to be called the
Robert Lowe, is compliment to the member for Kiddermin-
ster, for his exertions in promoting the prosperity of the
Australian colonies. The Robert Lowe will leave South-
ampton, with a large number of emigrants, for some of the
Australian ports, during the present year.
THE CONVICT BARBOUR.—The condemned culprit,
as well as the murdered man Robison, having formerly
been accustomed to attend the Independent Chapel, Don-
cuter, the minister of the chapel (the ltev. William Har-
i cuss) war, at the request of Barbour, sestorday (Thursday) ,
admitted to a personal interview with him. The prisoner
throughout the interview persisted in asseverating his inno-
cence, and handed to the reverend gentleman a letter ad-
dressed to his parents, which seems to be made up of odds
and ends of religious discourses, which lie has read or
heard delivered. It is not now expected that Barbour will
make any confession, nor does ho seem to wish to see any
of his relatives it Doncaster. The above is the last inter-
view which he consented to receive, except from the
II officials of the castle. There is scarcely the shadow of a
doubt but that t extreme penalty of the law will be CU-
I Tied into effect at twelve o'clock to-day.

SPORTING.

LATEST BETTING AT
FRIDAY.

There was a good attt.ndance this morning, but betting
still remains quiet.
The fullowing bets are all we have seen booked since our
last.

GRAND NATIONAL STEEPLECHASE.
14 to 1 mist Misa Mowbray (taken)
20 to 1 Maurice Daly (taken)
25 to 1 Warner (taken)
METROPOLITAN.
22 to 1 apt Galvanism (taken)
25 to 1 Hirsuta (taken)
25 to 1 Grapeshot (taken)
33 to 1 Tobolski (taken)
33 to 1 Ireland's Eye (taken)
CHESTER CUP.
40 to 1 agst Muscovite (taken)
40 to 1 SegreCrOW (taken)
40 to 1 Constantine (taken) .
45 to 1 Lady Evelyn (taken)
1000 to 15 Ire:and's Eye token)
TWO THOUSAND GUINEAS STAKES.
9 to 2 agst West Australian (taken)
DERRY.
13 to 1 agst West Australian (taken)
16 to 1 Umbria (taken)
25 to 1 Hurworth (taken)
40 to 1 Pbarut3 (taken)
EPSOM STEEPLECHASE.
3 to 1 apt The Screw (taken)
4 to 1 The Cardinal (taken)
6 to 1 Any other (offered)