LITE IN THE STOKEHOLD.

Dominion, Volume 7, Issue 1923, 4 December 1913, Page 9

LITE IN THE STOKEHOLD.

FIREMAN'S BEHAVIOUR.

HOW HE FED THE FURNACES,

The strange behaviour of a fireman names .James Cusumings -on board the J'.s. Tokomaru, while lying at Sydney during the early part of last imiulli, was responsible for his appearance before Mr. ,j. S. Evans, S.M., in tlu Magistrate's Court yesterday morning. Ho was charged with, the offence that, iieing a fireman engaged on the s.s. Tokomaru, he did wilfully disobey Icwful orders while tlie vessel was at Sydney en November-1. Mr, 11. S. Evans appeared for the Shaw, Savill and Albion Company' Ltd.. tiie .'iccused being defended by Jfr. J. F. Yv. Dickson.

Air. Evans said that the charge was laid under Section L?L'o of the Merchant •Shipping Act, 190-1, as the offence was enmmitted in Sydney, where the provisions, of the Shipping and Seamen Act (New Zealand) did not apply. Under The section quoted, accused would bo liable to a fine or imprisonment, mid at the discretion of the magistrate might he ordered to- forfeit two day's pay, According to counsel's opening statement, the accused fireman was left to attend to the fires in the stokehold between 8 p.m. and 12 midnight on November 4, the vessel boiug tied up at the wharf in Sydney. To provide tho steam necessary, one boiler was kept working, this boiler being heated by six fires. Accused, it was sai'il, had allowed five of these. fires to go out, concentrating tho only fire on cite end 1 of the boiler—a most dangerous practice. When told to attend tn the fires properly accused refused to do so.

Captain Gives Evidence, Captain Vernon John Henry Rosde.lt, master of th-> vessel, gave evidence in support of counsel's statement. He. said that as a result of accused's inattention tho steam pressure had been reduced from 1601b. to -121b., which was totally insufficient. There was insufficient, water in the gauge glass, and steam had to.be cut o/f from tho dynamo, plunging the ship in darkness,' in order that what- steam was available, should bo diverted to the pumps. When ho saw r.ccuscd that night the latter had said that the fire burning was sufficient, and he (accused) knew all about it. Accused, when witness saw him, appeared to have been drinking previously. Mr. Dickson: Did you not see the accused in your chart-room next morning ?—"Yes. I did." Did you not say to liim that the offence would be overlooked, and teli him to go on with his work? —"I told him that I would not fine him, provided he would behave, himself, but that if any further insubordination occurred he would be liuislied." "He Cat Nasty." John Hogg, boilcrmalscr on the vessel, gave evidence of having beer.' in charge, of the stokehold on the night in question. He visited tho stokehold at 10 p.m., where accused was supposed to be looking after tho fires, and found that the dynamo needed oil, and that the gauge glass on the boiler was half full of water. At 11 p.m. steam had dropped right down to 1001b., instead of 1601b., and ho told accused to "shake the fires up," but accused began to "get nasty." At 11.15 p.m., when witness returned to the stokehold four of the fires were dead out, the steam pressure being down to COlb. He, again told tho accused to attend to his 'ires, but once more the accused got nasty and made- no a Kempt to do so.

Mr. Evans, S.M.: What does "get nasty" mean in tho language of tho stokehold P

Witness: They don't like to be told; they're too big to bo told anything.

Tte Question of Damage. Proceeding, witness said that tho result of letting the fires out was to do damage, to the boiler, and ho had had to replaco a whole set of tubes, .Ho informed tho second engineer in regard to accused, and, when the engineer crime to the stokehold, accused started off by trying to put coal on the dead ashes of some fires which were out. Cross-examining tho witness, Mr. Dickson, endeavoured to show that tho damage to the boiler was very slight. 'The Magistrate; That really docs not matter. Tho question is whether accused did or did not disobey lawful cimmands. Tho question of the extent of the damage can only possibly count as air aggravation of the offence. Continuing, in reply to Mr.'Dickson, witness said thai accused was? told to get the dead fires alight again.

Mr, Dickson: Did ho refuse!' Witness: Well, ho did ho good; he tried to put coal on dead aslios. Air. Dickson: But iic did not refuse? Witness: Ho did no good. Ertglnear Annoyed by Lawyer. Vi'illiam M. liidgway, second engineer of the Tokomaru, gave, similar evidence. He said that when ho was called by the boilormaker and went to the stokehold lie found four fires quite out, one not quite out, and the sixth lire burning all right. This was the worst possible condition for a boiler to be in, and accused made no attempt- to obey his (witness's) order to draw tho tires in order to set them again. Accused said that ho knew bettor than witness what tires were required. To Mr. Dickson: Accused would not do what he was told, and said lie know better than cither witness or the captain what to do. Mr. Dickson; What did you tell him to do?—"I. tc-kl him to put'coal on the lires already going and to draw the others." Did lie not put coal on the good fire? —"No." ... Did he put no coal on? —''Ho opened tho door of a fire which was out and tried' to put coal on, but it stopped him." ' ■ . Did lie put no coal on anywhere else? i —"I don't think so." i You don't think so only?—" Absolute. i ly no, then, if you want it," replied l the I witness excitedly. At this stage the witness* ignored further questions' by Mr. Dickson, and, turning to the Bench, said, "I'm trying to do my best for this man, sir (indinnting counsel), but bo's doing no good." Turning to 'counsel, witness repeated this, shaking his forefinger and remarking in a'loud voice, "You're doing no "00(1." ' Mr. Dickson: No; perhaps not. This closed tho ease for tho prosecution, and Mr. Dickson contended that the crime was not one as set forth in the Crimes Act of New Zealand. Mr. Kvans, S.M.: Wo are now dealing with an Imperial Act, and the offence is a statutory one in England, Mr. Dickson: Then if a man commits iiii offence and the captain does ml punish him, tho captain would be guilty of condoning an offence. Mr. Kvans, S.M.: That may or may nut be, but we art 1 not trying the captain just now. Fiat Denial by Ascussd. Aci-u-ed, in the witness-box. lulnlly denied the statements of the witnesses for the prosecution. Me said that the lire;; were not out, and Hint when the second engineer eiime to tho stokehold the indicator showed 801b. of steam on tho boiler. The second engineer told him to attend to Hie tires, and lie put coal on them. Mr. Dickson • Did you see the captain next morning? Yes; and he told me not- to let- it occur again, and that if 1 kept quiet, he would look over it. In reply to Mr. H. S. Kvans, accused said the. witnesses for tho prosecution L

had _ given untruthful evidence. ' If the (ires had been in the condition that iliey claimed there would have boon no steam at all, whereas there was sufficient steam to do all that was required.

Mr. If. S. Evans: Where- did vrni go when you left the stokehold?

.Accused; i went to roost; to my milk.

Proceeding, the accused said that at 9 P.m. there was too much steam on, mid iio shut down the- damper. Ho put coal on, and regularly attended to ins fires during tho evening.

Jurisdiction of Court. Mr. Dickson raised the question thai the Court had no jurisdiction to try tho easts as imperial Acts are not in i'orco 111 New Zealand. His contention was made particularly in view of the fact that the crime was committed in.Sydney, which did not recognise Imperial lav,-, except in tho cast's of ': certain ■statutes which were taken into consideration at the foundation of the colony. Further, he claimed that tlie captain had full control, arid us he had tho power to punish a mail for an offence, lie also had power to' pardon him, and in the event of the captain doing so he could not proceed against an offender at a later date. -Mr. Kvans, S.M., .said that' llio Court had ample jurisdiction, as ' the offence-Jiad been mado punishable hero. Ho did not know that the ""accused should not have been proceeded against under another section, charging" him with neglect of duty whereby harm.and damage had been done to the ship. Kvidenco had hern given to show that tho accused liad wiffuVy disobeyed" lawful commands, and the captain's" promise to let him go, if he behaved himself, did not condone the. offence,'which was a penal one. Having ascertained that the aeetised was slid ou the ship's articles, and had worked all tho way from Sydney,, .His, Worship said that, under all the circumstances, he would order that the' accused should forfeit two days' wages and also pay the costs of tho'.prosecution.