The Sun.
London, England, 1852-10-13 00:00:00

SEAMEN'S WAGES.
A very important cas., arising out of a claim for
seamen's wag,s, was decided at the police court, Li-
verpool, on Thursday last, before Messrs. Evans and
Berm, the presiding magistrates.
In December last Captain M‘Bride, of the ship
Tory, the property of Mr. Duncan Gibb, of Liver-
pool, jumped overboard, and afterwards died, while
the ship was proceeding on a round voyage from San
Francisco to Bombay. The first mate, consequently,
took the command ; and the present claim for wages,
of 63 dolls. 4c., was now made against the owner,
Mr. Gibb, on an order or bill of exchange drawn
upon him in favour of one of the seamen named Hugh
Roberts, signed at Penang, by the mate, then in
command,' and backed by the signatures of two Pe-

nand► magistrates.
Mr. John Yates, sen., attorney, appeared in sup,
port of the claim ; and Mr. John North, attorney,
defended on the part of Mr. Gibb, who was present
during the whole of the inquiry.
Mr. Yates, on behalf of the complainant, produced
the bill of exchange.
Mr. North admitted the handwriting on the bill to
be that of the mate of the ship.
The Bench then intimated their intention of at
once deciding in favour of the complainant, when
Mr. North contended that they hud not jurisdiction
to decide upon a bill of exchange.
The Magistrates dissenting from this view of the
case,
Mr. North proceeded to show that the document
was obtained in an improper manner, and appealed to

the magistrates whether, under these circumstances,
they ought to act upon it. Supposing he could prove
that it was obtained by the mate of the ship having
had his life placed in danger by the crew, would the
magistrates feel themselves justified in acting upon
such a document?
After some discussion, the magistrates ruled that
Mr. North should examine the mate.
Robert Husking, the mate, was then examined.
He stated that he was the first officer on board the
ship Tory until the death of the captain, which took
place on the 9th of December last. The ship was off
the island of Penang, when the captain threw himself
overboard. Their voyage was from San Fran-
cisco to Bombay, touching at Manilla. The com-
plainant Roberts, with six others, shipped at San
Francisco, signing articles with the captain for the
round voyage. After witness had taken the command
of the ship, on nearing Penang the complainant and
the other men who had shipped at San Francisco said
they would go no further with him. He asked them
why ? They replied that they wanted their wages.
He was obliged to put into Penang on the 12th. At
night the men went on shore and got drunk. They
did this for two or three days. They demanded their
discharge and their wages, and refused to do any
more work. At last he was obliged to complain to
the magistrates. On the 15th of December the men
were taken before the magistrates, who told them that
their wages were safe, and advised them to go to their
work and let the vessel proceed. The magistrates
threatened them with imprisonment if they did not go
to work, and gave them until ten o'clock on the fol-
lowing morning to consider. On the following
morning the men again appeared before the magis-
trates, and be told them that witness had promised to
settle with them. The magistrates then ordered their
discharge, and desired witness to give a bill of ex-
change on the owners for their wages. Afterwards
witness signed bills, being afraid of his life.
Mr. Evans—Did they compel you to put into
Penang ? Witness—Yes. I should have pro-
ceeded on my voyage if they had not forced me to
put in there.
The entry in the logbook; showing the whole of the
proceedings while the ship was lying at Penang was
then read, after which
Mr. North asked permission to address a few words
to the bench before closing the mate's examination.
He said the case before them was one of vital import-
ance to shipowners; and that was the sole reason
why he was then present. It involved nothing less
than the momentous question whether a crew, having
once signed articles and shipped for a voyage, were at
liberty to leave their ship. In this case, for no rea-
son, either expressed or implied, the complainant, and
those who shipped with him at San Francisco, had
forced the mister of the ship to put into a port not
named in the articles, and then left the ship under the
circumstances now before the Court. All that could
be believed was, that the men did not wish to go on
with the ship to Bombay, but to proceed somewhere
else, where they thought they could obtain more lu-
crative employment. He was in a position to show
that the bills of exchange, as well as the signatures of
the magistrates to them, were only obtained after re-
peated threats from the men, and were, consequently,
of no legal force.
The mate was then further examined, and stated
that it was under threats that the bills of exchange
were ultimately given. When the men went before
the magistrates to get the bills backed they were in-
solent to them, and insisted on the magistrates back-
ing the bills. He was compelled to engage a number
of Lascars to navigate the ship, which was effected
at great expense and risk to the ship. Was aware of
the effect it would have on her insurance.
Mr. Evans—Then there were other bills besides
this given ? Mr. Gibb—Yes; some of them have
been presented in London, and all treated in the same
manner as I have treated this—rejected.
A copy of a protest sent by Lloyd's agents at
Penang to the magistrates was here read by Mr.
North.
Drummond, the carpenter, who sailed with the
Tory from Liverpool, corroborated the mate's testi-
inlay as to the conduct of the complainant and the
other men who shipped at San Francisco.
In the course of the inquiry it transpired that the
men were first before the magistrates on the 15th, and
that the bills were given on the 27th of December.
Mr. Yates, in reply, contended that the bill of
exchange was binding upon the defendant. It was
given 11 days after the men had been before the ma-
gistrates, and the allegation of its having been ob-
tained under a threat was therefore idle. The mate
had chosen his own court in Penang, and he (Mr.
Yates) urged that the bench was bound to act upon
the decision of the magistrates there with regard to
the bills.
Mr. Evans (the presiding magistrate), in giving
the decision of the Bench, said, "I consider that this
is a case, of the very worst description of unqualified
muriny ; but it seems to me that the mate has com-
mitted himself by signing the bill of exchange ; and
it becomes a question whether we are not bound by
the ultimate decision of the two magistrates at Pe-
nang.- It is, perhaps, alegal question ; but lam ap.
prehensive that the law compels us to act upon the
decision of the two magistrates there. It is so as
regards this country generally, and I apprehend that
all the dependencies of the British Crown are, in this
res pe c
say, however, that I consider the conduct of
the magistrates highly inconsistent and reprehensible;
the first place, they order these men to go
telling them that their wages are
u
andfter wards they order their discharge,
end recommend a bill to be drawn upon the owners
f
s ,in the same position as we are at home. I
must
magi,
ag
stbneecctahruees:er ,n
work,
wages and then sign this
of such inconsistent
uetsn never
part
oftheir
eboun
of any magistrates. Still we
horinll. dd theoc u Itras on thinklovheardd by it, and order the payment of
conduct
ume
the amount of the bill.
Mr. Benn
expressed his concurrence in Mr. Evans'a
opinion Mr. North—But you do not hold that the decision
of these two
.
magistrates is legally binding upon
you ? I think your clerk will tell you that it is
not so.
Mr. Evans—The way in which the mate gave in to
the men was an error.
Mr. North—Admitted. But he did it under a
threat of violence.
The Clerk—Not at the actual time of signing the
order.
Mr. North—He says they threatened his life.
The does not say that in his letter.
[ Clerk—He
letterf
rom the mate to the owners, detailing the
circumstances, had been read.]
Mr. North—lt is a pure question of law. I deny
that the decision of any foreign magistrates is bind-
ing upon you, and, as you admit that the merits are
in our favour, --
Mr. Evans—The equity of the case is, decidedly
with the owners ; but the mate committed himself
by signing the order, and I do not see bow we can
refuse to order the owners to pay the amount of
the bill.
Mr. North intimated that Mr. Gibb would appeal
against the decision to another court.
Mr. Evans—l hope he will, and I should be happy
to hear that he was successful.

The Marquis of Salisbury arrived in town yes-
esotf hroty'e-
ing the surfaces of some ulcers by caustic. The death was
place.
yes-
terday.
DEATH FROM CIILOROFORM —A.nother death has
occurred from this potent agent. The patient was a Mr. '
Martin, a cattle-dealer at Earlstoun, near Melrose, who was
p
the iTnflhueeonpceeraotfiotn performedhoage consisted
ntbyDr.Brown
in
i
sudden—before the operation was finished. Dr. Brown did
latterut under
a sewer
o up
p convicts oit
nn:elt chtes
sewer,
Royal were
which
a t work,
Arsenal, r
u en twoa-
i n exca-
vating c
not use more chloroform than he had o'ten done before, and
the drug was of undoubted purity.—Newcastle Joni-nal.
ESCAFFI OF CONVICTS AND RECAPTURE.—On
Tuesday
Y mud
afternoonfrom h
mader o t their eai er Inp
a
as
ae
sgciann
various directions under the locality. Search was made by
the convict authorities and the arsenal police. One of the
, convicts managed to get up the trap drain by the Ordnance
Arms, and made his escape down the Plumstead-road, but
was captured near the railway bridge. A man having seen
him get up the drain and cover it over again, he gave infor-
mation to the police, who were searching a drain not six
yards from the other. The other convict was discovered by
a guard in the same drain. The two convict guards (Jes-
sep arid Cook) volunteered to search for the men in the
drain, and they were occupied upwards of six hours before
the convicts were discovered. They were both secured and
taken on bond the bulk.—Kentish Mercury.