Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1843; 1854 - 1876), Friday 17 October 1856, page 2


POLICE COURT. Before J. Blair, Esq.,R.M., Wednesday, 15th October. Henry Haley, one of the recently arrived immigrants by the General Hewett was charged with being found in the Government Immigration Depot without lawful excuse. Defendant was admonished and discharged. REFUSING DUTY.-Four of the seaman of the General Hewett, named: Daniel T. Newbury, Jos. Steel, George Rumbellow, William Dowell were charged with refus ing duty on board. The former three were sentenced to 12 weeks imprisonment, and the last one to 4 months imprisonment. ASSAULT ON BOARD A SHIP.--William Jose and Joseph Barrow were brought up on remand at the Police Office on Wednes day last, charged, the latter with assault  ting the captain on board the General Hewitt, on the high seas ; and the former with insubordination on board the immigrant ship, General Hewett. Christopher H. Loudtt, master of the     immigrant ship General Hewitt, was sworn and deposed : On the 26th August, in lat. 35° S. long. 16 W. about half-past 9 a.m. I was sitting in my cabin when the prisoner Barrow came into the cuddy and de manded tobacco. He was told it was not the day for issuing it. He told me in a very abusive manner that he would have tobacco. I went up to him, put my hand on his shoulder, and desired him to walk out of the cabin; at the same time giving him a push towards the door. He went out and then commenced using most abu  sive and threatening language, calling me an old rogue and a b-- y b- r. I ordered him again to go forward from the cabin door, and he instantly struck me with his fist on the forehead. I tried to grapple with him to keep him off; he struck me several more blows, and then gave me a violent kick on the right side over the liver; a number of the immigrants then dragged him away from me. I had to keep my cabin three or four days from the effects of the blow. I ordered the chief officer then to put him in irons. The crew by this time had assembled at the cuddy which was shut, and were striking at it to gain admittance. Ultimately the irons were put on ; and the crew then all refused duty. The chief mate then summoned them all aft. The first man who ascended the poop was the prisoner Jose. He addressed the crew and said it all were of his mind they would not turn to nor do   any more duty until Barrow was released and tobacco issued to all hands. The evidence of this witness shewed further that there was a gale of wind coming on with a very heavy sea, and that he had to consent to the release of the prisoner, and the serving out of tobacco out of fear for the safety of the ship and the lives of all on board. Carrilan, the chief mate, gave evidence in corroboration of the above statements. George Coward, the surgeon of the ship, and Thomas Breeze,, one of the emigrants gave evidence also in corroboration. The case was here adjourned till the next day, to give the prisoners an opportunity of calling witnesses as they had requested. On T'hursday (yesterday) the case was re-sumed. John Augus, witness for the prisoners was sworn and deposed : I am a seaman on

board the General Hewett. Several quest  ions were put to this witness by the pris oner Barrow ; the answers to which were to the affect that witness saw the captain on the occasion in question, hold the pris oner with one hand by the breast, and with the other strike him on the side of the head. I went aft then, and the second steward came out and took hold of the prisoner Barrow by the hand. The boat swain separated prisoner and the captain. I did not see prisoner do anything all this while, he was only struggling to get away. Prisoner when free came forward and went into the forecastle. I saw only one blow struck and the prisoner's nose bleeding. The prisoners were committed to take their trial at the next General Sessions to be held at Portland on the 27th of this month for the revolt on board ship.