LAW REPORTS.

Dominion, Volume 7, Issue 1878, 11 October 1913, Page 14

LAW REPORTS.

LOWER COURT.

FLOUTED AN ORDER TO MUSTER. FOR HEALTH OFFICER. THE AUTOCRATS AT BREAKFAST. Failure to promptly oboy officers' orders resulted in fourteen members of the forecastle crew of the steamer Whakarua being fined' in the Magistrate's Court yesterday. Mr. W. G. Riddell, S.M., was on the Bench. The defendants were: F. Gersen, H. G. Smoothitt, G. Jewell. H. Howitt, C. Thaster, J. Thomas, T. Clemworth, R. Billings, W. Tipton, W. Tingey, W. Bull,' J. M'Carthy, A. Sellar, and E. Jewell.

llr. T. Young, who appeared in support of tho prosecution, said that tho Whakarua arrived at Wellington on Thursday morning, and that the men charged were mostly firemen. It was necessary for a foreign-going ship to be examined by the Public Health Officer. It was true that.Thursday last was not the occasion of the Whakarua's first arrival here on her present trip, but tho examination was necessary nevertheless. There were no passengers on tho vessel, and Dr. Pollen could have got through the examination in five or six minutes. At considerable inconvenience he had gone over to the vessel before breakfast, but when ordered to muster the men replied that they thomselves were at breakfast and would only muster when they had finished. Several officers were sent to order them up, but tho command .was disobeyed. They took about twenty-five minutes over breakfast, and when they wore ready the Health Officer was not. Their action delayed tho ship three-quarters of an hour or an hour, and involved considerable expense, because about seventy men were waiting to work the vessel. Apart from tho exnense, there was the question of discipline, and it was partly on account of this latter aspect that proceedings had been instituted. . Brealifast In the Foreoastls. The caso of Frederick Gersen was taken first. In giving evidence jng this case, Captain Kemp, commanding tho steamer, stated that the loss occasioned by tho delay had amounted to £25. In his defence Gersen said that the men were at broakfast when the doctor went aboard, and they told the second engineer that they would muster as soon as they finished their meal. Tho seoond' engineer had told this to the doctor, who, however, was so headstrong that he rushed_ off and hung iip the working of tho ship. The men had been ready a quarter of an hour after the, order had been given. Mr. Young: How long did the doctor take to oxamino you? Defendant: He didn't examine us at all. Well—he did; he just passed us. He only kept you four or five minutes?—"Yes."

Tho Magistrate: Havo you any witnensrs to call? Defendant: Yes; Mr. Mr. "Sugar" looked' indignant. Defendant (apologetically): Mr. Hewitt, I moan. ' Hewitt's evidence was 'to the cffect that the doctor had corns during "their fixed hour for breakfast." "If wo wanted to see the doctor and ho was having his breakfast, wo would havo to wait." ,

Mr. Young: Do you know if tho doctor had his breakfast? '

Witness; I don't know anything about tho doctor's breakfast; I only know that he had not been working all night as we had. Tho Magistrate: That will do. I don't want any extraneous matter. • Witness: Well, this man (Mr. Young) led me on. H. G. Smoothitt, another , of the crew, deposed that the doctor had arrived during tho men's regular breakfast hour. Witness declared that they "got half-starved aboard."

The Magistrate: Well, if you get half-starved aboard, there are poisons to whom you can mako complaints. Another witness declared that his breakfast was as much to him as to anybody who was waiting for him. He added: "Do you think wo want cold breakfast?" Tho Magistrate: Thtrt is not tho question. It is: Have you disobeyed an order? AVitness: We obeyed' it a quarter of an hour later. "No one refused to obey the order; they went as soon as they had had their breakfast," was the way in which the next witness put the matter. Fourteon Men Fined, His Worship said that it was unfortunate perhaps that the order was given when the men wero iit breakfast, but it was perfectly clear that the men had committed an offence. The fourteen defendants were each fined 10s., with costs (75.). intorjcotlons in Court. His Worship was remarking that paymont of the doctor's fee would be divided among thoso convicted, when a seafaring man called out: "I beg your pardon, Sir. I think the doctor is paid by the Government." At this stage, Gerscn put his hand over his mouth, but the ejaculation had tickled him •deeply, and an uncontrollable laugh burst forth. His Worship: ' 'Take that man into custody." And Gersen was hurried into an ante-room. A little later a man in the auditorium was, moved to eloquence, but was ejected by the h.'OTHEß COURT OASES. Edgar Shaw, a carrier, was fined 55.. with costs 18s., respecting o, chargo or his having gone upon the Thorndon railway station for tho purpose of soliciting custom. For having driven a vehicle on the wrong side of tho street, Alfred Bradley was ordered to pay costs, 18s. For having left a quantity of furniture on the footway in Lambton Quay East, Johnston and Co. were fined 55., with' costs 7s. For failure to attend military parades John Alexandor Leggatta and E. G. M'Gill wero each fined 55., with costs 7s. J. Kwong Lee was fined 55., with costs 7a., for having an unstamped weight in his possession. For insobriety, Mary Wajceham was fined 55., William Garson £1, Joseph John Barrett £2, and Thomas Nowton Withers £2. A prohibition order was issued against Withors. ■ As the persons responsible for stock found wandering at large,, Carl Jonsen was ordered to pay costs, 125.; and John Dantlo was fined 55., with costs 12s. Alice Louisa Allbrand wbb fined £2 on a oharge of having used certain language in Tui Streot.