Edward Sweeny, the second officer of the Eliza, was charged by Captain John Walsh with wilful and continued neglect of duty. Entries in the official log-book, duly attested, were read, stating that the prisoner had not only neglected his duty, but, when remonstrated with, had used the most revolting language to Captain Walsh. This was not denied by the prisoner, who, however, upon cross-examining the former, elicited from the admission that none of the entries in the official log charging him with offence named in the information, had been read over to him. The Bench expressed much regret that this omission compelled them to dismiss the case. The Mercantile Marine Amendment Act, 1851, had a most peremptory provision in respect to the reading of entries in the log to any of the crew charged with offences, and this had not been complied with. The gross misconduct of the prisoner had been clearly proved; the language which he was stated to have used to his captain would have disgraced the lowest ruffian, much more an officer of the British Merchant Service, holding a certificate of service from the Board of Trade ; but as the captain had failed to comply with a very essential provision of the Act under which he sailed, the Bench had no alternative but to order the prisoner to be discharged out of custody, notwithstanding the evidence of his guilt which had been adduced.

The next case on the list was a charge of cruelty and continued ill-treatment preferred by John Pressley, the steward of the same ship, the Eliza, against Captain Walsh. Mr. Green (of Nichols and Williams) appeared for the complainant, and Mr. Robberds (of Minithorpe and Garner) for the defence. The information was exhibited under "The Better Prevention of Offences Act" of the last session of the Legislative Council. The case having been heard at great length, the Mayor said that himself and the Superintendent of Police were compelled to assist at the other office in an investigation of a serious matter, perhaps involving murder, and that the farther hearing of this case must be postponed.

He wished to know whether its resumption in the afternoon would meet the convenience of the various parties concerned? Mr. Inspector Powell begged leave to state that, without reference to the convenience of the professional gentlemen concerned in this case, the sitting of the Court any longer that day would be productive of considerable inconvenience to the maritime interests of the port. The duties of the Registry Office, which (as had been so often complained of) were conducted in the same small apartment in which the business of the Police Office was carried on, were now increasing daily, and yet during the chief business hours of each day (whilst the magistrates were sitting on the bench, and the Court was crowded with seamen) the shipowners, masters, and agents, who were anxiously pressing to have their applications for seamen's discharges, and all the other clerical business of the Registry Office attended to, were obliged to wait. Whilst these remarks were being made, and for some time before this, the proceedings before the Bench were interrupted by the yells and screams of some 40 Malay seamen belonging to the steamship Rajah Wallie, who, having been apprehended for desertion, were confined in the wretched hole underneath the Court room, and who were shouting that they were suffocating for want of air. The Superintendent of Police said that some change must really be effected in this department. The business of the registry office was increasing to an immense extent ; yet no provision was made to carry it on in the totally inadequate apartment wherin the magisterial business was huddled up with that of the registry. After some desultory conversation, the Bench agreed to postpone the remaining business on the list until this morning ; fixing an hour earlier than the usual one for the opening of the Court.

Yesterday, the sitting magistrates, were occupied the greater part of the day in hearing & charge of desertion, preferred by Captain W. W. Smith, commanding the American steam-ship Rajah Wallie, against 41 Javanese seamen, who had shipped at Batavia. The information was exhibited under the recent Act of our Legislature, " the Foreign Merchant Seamen's Act" (16 Vic., No. 25). Mr. Robert Johnson conducted the prosecution, and Mr. J. R. Nichols the defence. The American Consul attended to watch the proceedings. After considerable discussion in respect to the admissibility in evidence of the agreement under which, with the sanction of the authorities at Batavia, the men had shipped, the Court adjourned the case until this morning, in order to have the translation of the agreement (which is in the Dutch language) verified by a competent interpreter.

In the matter of the charges of assault preferred against Captain Walsh, of the Eliza, by certain of his seamen, the first of which was partially heard on Thursday, Mr. Nichols, on the part of the complainants, stated that the charges would, with the permission of the Bench, be withdrawn

SG & SGTL Page 13 for 8 Jan 1853

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