The Awaroa in Troubled Waters.

Gisborne Standard and Cook County Gazette, Volume II, Issue 292, 30 April 1889, Page 2

The Awaroa in Troubled Waters.

CHAPTER FIRST. Thz fine topsail schooner Awaroa has been placed io a position in which her splendid sailing powers were at a disadvantage. Some dirpute having occurred between Mr J. A. Harding, who claims the vessel, and her master, Captain Wfig, who also claims an interest in ber, Mr Harding wished to dispense with the Captain's services and substitute another in bis place. Apparently this did not suit the desires of Captain Wiig, and he, acting under hia lawyer’s advice, refused: to quit the vessel. She was drawn into midstream, and preparations made for standing a siege. Captain Wil< bad laid his schemes so well that there appeared to be no hope of dislodging him, except by strategy, and' thio was resorted to. An information was sworn before Mr Booth, charging the brave defender with being an unlawful trespasser, and another Justice of the Peace, Mr Matthsweon, signed a warrant. for the trespasser’s appre. hsnsion. And so it came tn pass that Captain Wilg was interviewed by a blue-coated gentle, man, and instead of pacing hi* duck he found himself in durance vue t>r ih« night. At the sight of their leader’s discomfiture, the remainder of the garrison capitulated, and the Awaroagot into the hinds nf the enemy. On Saturday morning, Captain * Wfig was marched to tbe Police Court, where he waa called upon tq answer a charge of having unlawfully reepaesed on tha vessel he had eo oravely defended. Mr DeLsutour appeared for the.iuformaut, Mr J. A Harding, and Mr Braseey appeared fur the accused. Mr DeLautour said the ca*e presented ho difficulty, and was about to address tha Court, when Mr Brassey enquired under what section the information was laid. Mr DeLautour replied that it was under section 6 sub-section 8, of “The Police Offe oes Act, 1h86.” Mr Brassey then objected to the information, on the ground that it disclosed no offence—tbe Statute only made “ wilful ” trespass punishable, end he quoted oases in support of hie contention. After looking at tbe principal authority—a newspaper report of a case decided by Mr Justice Ward in Auckland— Mr DeLautour Mid be Waa afraid the information Was faulty, and the Magistrate dismissed it, with solicitor's fee £t ls. fbe Court waa crammed full of those anxious to bear the case, but in any revelations they oxpreied they were disappointed, ae tha case only took up about ton minutes altogether. . It is said that tbe dispute ia not over yet, and that Captain Wilg will sue Mr Harding for malicious prosecution and falsa imprisonmeat, and will claim heavy damages. Notice of action has been served on tha Justice (Mr Matihowson) who signed tbe warrant tor Wttg’s arrest, and the latter intends to commeuca Milon against him tnr false imprisonment, an tbe grounds Abel the warrant waa not granted upon any legal off suae, and that tba Justice Wbo took the information waa tye one who ought to have signed the warrant. Tbs Awaroa waa the vessel which tha Government seised from Joseph Hatch, of Invercargill, for capturing reals oat of season.