1826, JULY 29.
This morning 6 seamen belonging to the ship Indian, whaler, appeared to prefer a charge against Captain Samuel Swaine, the commander, which they had stated by letter the preceding day, addressed to the Superintendent of Police, and by which they charged him with having given them short and insufficient provisions on board of her, to wit, on the 24th June last, by reason whereof they had struck duty, and had been kept since that period on bread and water only. The first deposition taken, was that of James Ring Bunstry, boat steerer of the Indian, which went to state the circumstances at full length, in confirmation of the complaint; he was followed by five others, who severally, and in separate depositions, confirmed the first; it appeared that there was a clause, or specific provision in the ship's articles, with the crew, that in case of any dispute or cause of complaint, a reference would be made to arbitration; and, after hearing the statement of the master, Mr. Swaine, in reply to the charges in question, the Bench seemed disposed to recommend to the seamen to appoint some person on one part to arbitrate, and the Captain to appoint another; but, in the mean time, they allowed the case to stand over until Monday, in order to have it ascertained by some of the Captains now in this port, who have been many years in the whaling service, as to the quantity of provisions necessary to be issued, under all circumstances, to the crew on board such vessels. We shall report the result in our next.
Patrick Collins, and James Kennedy, prisoners of the crown, who had been detected in the morning in the act of rowing away from the wharf, in a Government boat, with a case, which they had stolen there, belonging to John M'Arthur, Esq. out of some other cases landed for that gentleman, from the Fairfield, and which were about to be put on board the Parramatta boat, to be forwarded to Parramatta; the case in question was missed at the moment, and a person went in the guard-boat after the Government boat, in which the article was suspected to have been put, and the guard boat, with two men in it, came up with the prisoners beyond the slaughter-house, where they found the case covered over with a canvas bag, and brought it back in time to be forwarded with the other 8 cases. The facts were so strong against the prisoners, that the Bench ordered them to be sent each to a penal settlement for 18 months.
After conviction and sentence passed, the two prisoners, in leaving the Court, behaved in so violent, outrageous, and contemptuous a manner to the Bench, and to the constable who had them in charge, one of them having been seen to strike a constable on the back part of his head, that the Bench ordered the two prisoners to be brought forward, and evidence being taken to the facts, they were sentenced to receive each 50 lashes for their grossly aggravated misconduct on this occasion.
James M'Donald, constable at the Prisoners' Barrack, who it appeared had gone into the Lumber-yard yesterday in search of a dog belonging to Mr. Connor, and who having found it there, had asked to borrow a chain to take it away in, but which he had been cautioned not to take, as it was Government property, and would not be suffered to pass through the gate, but who nevertheless did offer to go away with the chain, although under a promise to return it, was sentenced for the offence, considered as highly improper in a constable, to be suspended from rank and pay for 14 days the Bench did not attach any criminal intention to the party accused, but held it a violation of his duty, and punishable accordingly.
Hugh O'Neal, and Martin Gill, prisoners of the crown, charged by their master, the first with assaulting him, and the latter with having run away with a Spanish dollar from a table, when the master's back was turned; Gill 14 days, and O'Neal 5 days, to the treadmill, and returned to Government.
Three prisoners of the crown, absent from their respective gangs, were sentenced to the treadmill for 3 days each.
One free man found drunk in the streets, was fined 5s. to the poor, and on paying the same, was discharged.
Edward Totty, free, appeared to answer a complaint of having refused to restore one yard and a half of blue cloth, pledged to him some months since, and upon which he had advanced a dollar, and had been tendered the same, with a reasonable rate for the loan; the evidence went to establish the charge fully against the accused, who seemed disposed to shift the same, from the complaining party not being the identical person of whom he had received the cloth, but it was too weak a pretence to bear any weight, and Mr. Totty was ordered forthwith to restore the cloth on being paid his advance, which he consented to do, and retired with the parties for that purpose.
Edward White, free, charged by Joshua Allott with having received from him a watch 3 days since to repair, and not having returned the same until found on board the Lady Rowena, at the moment of her departure from the Port; when the prisoner gave up the watch to the owner, although evidently intending to take it away with him if not met with on board at the instant; fully committed for trial.
Source: Police Reports (1826, August 2). The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842), p. 3.
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