Captain Joseph Wilson, master of the barque Hamlet, appeared to answer five summonses issued by five seamen belonging to the same vessel, named Risley, Train, Brinkley, Harriatt, and Fuller, for not having served out limejuice and sugar during the voyage from London to Sydney and back, according to the provisions of the New Merchant Seamen's Act.

Mr. Pelham appeared for the seamen to prosecute, and represented the facts as they were proved afterwards in evidence. He stated that the offences committed against the statute were very numerous. During the outward-bound voyage lime or lemon juice and sugar had been omitted to be served out for 112 days, and during the homeward voyage for 110 days, making on the whole 222 omissions. As the men had been during that time confined to salt provisions. they felt they were well warranted in complaining of having been deprived of the medicament prescribed by the law The penalties to which the defendant had rendered himself liable, if sought to be recovered to the whole amount, would be enormous. Were he merely master of the barque the penalty would in such case be �5 for every offence, which would make an aggregate of �5,550, but the master in this case being also an owner, the law imposed a penalty of �20 for each default, which would swell the aggregate to the enormous sum of �22,200. He (Mr. Pelham), however, would content himself, after proving all these defaults, with asking the magistrate for only one single penalty in each case, being a mitigated sum of �25.

The Captain denied that there had been a deficiency of lime-juice, and produced some which remained after the voyage. He said the men made no complaint whilst on board, and he was convinced that they had been prompted by some one to the present proceeding. He admitted that there had been a deficiency of sugar, but it was an inconvenience to which he and the passengers had been subjected as well as the crew. Lime-juice alone was a better corrective of scorbutic tendencies than when mixed with sugar, as he knew by experiments which he himself had made.

Mr. Ballantine would not enter into medical questions, his province being merely ministerial and to see that the requirements of the law were fulfilled.

The Captain urged that the act imposed the fine for neglecting to serve out sugar and lime-juice. He could not be said to have " neglected" doing so, as he had no sugar to serve out.

Mr. Ballantine refused to admit this nice philological distinction.

The Captain said he had made up for the deficiency by giving the men more grog. He first gave them gin, and when that ran short, he gave them brandy.

Mr. Ballantine replied that neither gin nor brandy were lime juice and sugar, and ordered him to pay the mitigated penalty of �25.