ON THE HIGH SEAS

Dominion, Volume 12, Issue 27, 26 October 1918, Page 10

ON THE HIGH SEAS

ALLEGED CARGO-BROACHING

TWO SEAM CHARGED

John Sullivan and Samuel Browning, two seamen on board nn overseas vessel, were charged in the jUagistrate's Court yesterday afternoon, teforo Mr. F. V. Frazer, S.M., that on or about October 11, while on the high seas, they did embezzle divers bottles <>f whisky, the property of the New Zealand Shipping Company. Mr. M. Myers appeared A>r tho informants, and Mr. J. Soo f t lor both accused.

Mr. Myers, in- opening, swid that tho accused were seamen on the vessel in question on • the voyage. Part of tho cargo .space was used for coal. In tils' lower hold was general cargo, apd in that cargo was a quantity of whisly. During the latter part of the voyage it was found that tho lower hold had been entered, and some* of the cases of: whisky wero broached, some of the bottles being found in the coal in the hold when it became necessary to shift the coiil. In, order to get into the lower hold, the person or persons had to break certain cleats to let fall a beam, and then a. rope ladder had to be let down. They, could not say who went down into tho lower hold, but they did know that Sullivan was found with a couple of bottles of whisky. When asked for an erplana-* tion he said he found the liquor in the coal. He was either the actual thief, or was a party to the theft. As far as Browning was concerned he was found on the following day to be badly under the influence of liquor. When questioned, his explanation was that he had obtained tho liquor nt the bar, but it would bo shown that he did not procure the liquor at the bar, and tho only liquor which he could have got to drink was the liquor broached from the lower hold. Herbert John Wild, chief officer of the vessel, in his evidence, said that the two men were on the ship's articles. In thu lower hold was general cargo, including whisky, and in tho 'tween decks there was coal for bunkering. On October 10 he made a discovery as to cargo having been broached, when the coal 'tween I decks was removed. Sullivan was engaged in moving the coal, and Browning had access to the 'tween decks. Ho explained how the lower hold had been entered. He found two full cases and two empty cases of whisky in the coal. On that day Sullivan was the worse for liquor, 1 and witness accused him of having taken the whisky. He said he had found two bottles of whisky, and that he found them in the coal. The chief engineer was witness when Sullivan was taxed with the offence. Sullivan could not have got the whisky otherwise than 1 from tho cargo. On October 11 Browning was absent from duty because he was intoxicated. On the following day the entry in the log was read over to Browning, who said he got the whisky from the bar, and not from the cargo. It was impossible for Browning to have got the.liquor from the bar. Walter Hubert Smith stated that lie was present when the chief officer spoke to Sullivan, and witness corroborated the evidence given by the chief officer George Wright Davis, barman and storekeeper on tho vessel, stated that neither of the accused obtained liauor from the bar. - Mr. J. Scott, on behalf of Sullivan, pleaded guilty, and said that the man gave the chief officer evory assistance and information respecting the matter. With respect to Browning,, he said tho man got the liquor surreptitiously from the bar, and did not get it from tho

Samuel Browning stated that he knew Were was trouble on the ship because of cargo-broaching. Ho got his whisky from tho bar, through the soldiers on board. His work never took him between deckshe had never been there at all. He said ho paid 1% M. io \ a ,^ a ' water bottle full o whisky, which worked out at Is. 6d. perglass. In, this way he spent between .£lB ana .£l9 during the voyage. ' Cross-examined, ho said he knew thing, about the "crown and anchor business on the ship. He was funning it, and it was ft good, straight same. Tho firemen and seamen played the game. And the soldiers also played, ho camo nut oveh. ■Mr. Frazor said that, though there was a good deal of suspicion against Browning, he had detailed a modus Vivendi, and was entitled to the benefit of the doubt. It was a difficult matter to sheet home a ennnotioh on » charge of the nnturo under review, and, further, tie offence was made more serious by the fact that men had gone down to the hold with a naked light, as was shown l>y the finding'of a box of matches. . The maximum penalty under the. English Act was twelve weeks, and giving Sulli\ an ah the consideration ho could he would sentence him to eight weeks' imprisonment. *