ALLEGED "DUMMY" SHIPMASTER

Dominion, Volume 12, Issue 265, 5 August 1919, Page 7

ALLEGED "DUMMY" SHIPMASTER

CHARGE AGAINST VESSEL'S OWNERS ' , QUESTION OF NATIONALITY By Telegraph—Press Association. Auckland, August 4. The alleged employment of a "dummy" master on the ship Akaroa, owned by ■ the Parker-Lamb Timber Company, led to the company being charged under the Shipping Act before Mr. Wilson, S.M., in the Police Court, The charge was that on April 1, 1919, tho company fraudulently engaged a duly certificated master, Edward Donovan, to' serve for the purpose of enabling the ship Akaroa to clear' only, and not for the purpose of the. whole voyage. , Mr. Selwyn Mays, for the Crown, stated that on Maich 31 la6t the Akaroa was without a master or a crew.. The owners sent for Donovan, and asked him whether he would go to sea as sailing mas- . ter with Peter Petersen. Petersen was expert in log raft work, in which- the Akaroa was engaged. Tho two went to sea, Donovan as master and Petersen as "boy." Later it transpired that Donovan was working as an A.8., scrubbing out tho ship, and even sleeping in the A.B.'s quarters, while Petersen 'controlled tho vessel. Donovan himself was competent to do that. In nautical language, 6aid Mr. Mays, it was a case of . "«;et nursing." It was clear that the object of the arrangement was to retain Petersen in command by using Donovan as a dummy captain. ' Mr. Fleming, Superintendent of Mercantile Marine at Auckland, said that on March 31 the Akaroa was a clean ship, with neither master nor crew. On April 1 Edward Donovan signed on as master, and on April 19 Petersen signed on as "boy." On May 13 Petersen signed off as "rafter," this bei ing ratified by witness, after communication, with tho Minister of Marine, that action being taken because there lhad been so much controversy as to Petersen's nationality. Mr. Prendergast: His alleged-national-ity. , Witness": Potersen himself writes his nationality as German on the articles. Edward Donovan, master mariner, said that on April 1 he signed on as master. This was as a result of an interview with Mr. Smyth, an employee in Parker- ' Lamb's office. Smyth asked him whether lie would go as sailing master on the Akaroa with Pete Potersen. Mr. Mays: What is a sailing master?— ■ "A 'nurse.'" Mr. Mays: Did he fix your wages?—"! said I wouldn't go under i£2o a month, and I got it." Cross-examined, the witness admitted that as he was unable to read and write Petersen had agreed to look after tho books. Mr. Prendergast: Did you not give all orders about the working of the boat?— "No, I gave none at all. I worked'as . an A.8., as sailing masters generally do." 11l re-examination, Donovan admitted that ho had cleaned out tho forecastle, lie stated that he had done it voluntarily, but that it was not part of a master's duty. To the Magistrate the said he did not do such work when he was working as master. For tho defence Mr. Prendergast submitted that the section of tho Act under which the present charge was laid aimed nt preventing tihe engagement of a man to clear port only. In the present case Donovan had worked for the entire voyage. There was nothing to prevent one man from taking Jiis orders from another employed as his inferior. The Magistrate said tlhere was no objection to a master asking a competent man to draw alongsido another vessel, as according to the evidence Donovan had done, but beforo the vessel could sail she must have a real master. If he signed on as master and was not expected to be master and to control the ship, there was a charge to answer. • • James Alexander Lamb, managing director of the Parker-Lamb Company, said that Petersen had been paid off at one time on account of trouble over his nationality. When employing Donovan he told him that'ho was to take charge. • Petersen was supposed to look after tho logs, and as Donovan was unable to read and write* witness told Petersen to give liim a hand. Mr. Prendergast: Was Donovan employed as sailing master?—" No." Witness said that Donovan was always . there when orders were given, and that he himself instructed Petersen to take his orders from Donovan. Cross-examined, the witness said he considered Petersen a very good raftsman, and had been paying him .£25 a month all the time. Mr.'Mays: That is .55 more than the master. You wanted Petersen with Donovan ?—"Yes." Mr. Mays: You took Petersen off a3 master on instructions from the Minister of Defence?—" Yes." At this stage the hearing was adjourned.