ALLEGED "DUMMY" CAPTAIN

Dominion, Volume 12, Issue 293, 6 September 1919, Page 6

ALLEGED "DUMMY" CAPTAIN

INI'OEM'ATTON DISMISSED. By TeleKruDh-l'rPfip Arflociation. Auckland, September !>. Judgment ill thn case in which tlio Parker-Lamb Timber Company, Ltd., was charged with having employed E<iward Donovan, a certified muster, as a "diiyiiny" on tho ship Akaroa for the purpose' of enabling tho ship to ctear on July 17, and not for.tho purpose, of Iho whole voyage, was Riven by Mr. Wilson, S.M., in tho Police Court. Tho charge was laid by Captain Fleming, Superintendent of Marine. Tho prosecution alleged tluit I'eler Petersen, an expert rafter, who for eortain reasons signed 011 as- it boy, was intended to manage tho vwsel after she had left port. "Tho evidence," said Mr. Wilson, "raises a very strong suggestion that no far ns tho appen ranees went Donovan was not ncluaJy master, lint that Peter Petersen himself agrees tlut an outsider would bo justified in believing that Donovan was a 'dummy.' Donovan himself in exp'icit in his statement that lis was engaged on tho Akaroa as sailing master or a nurse for Petersen. The latter in evidence says'that Donovan asked liiiu if he would go 011 the Akaroa to instruct him, as lie was not used to rafting, and that Lamb asked liini 'jt go with Donovan for that purpose. Petersen deposes also that if Donovan could have, got another man 110 would not lmvo gone. JTo denies that he took charge, and says that lie helped Donovau only at the latter's request. I do not think the evidence, though it raises a very strong.pre-' sumption of irregularity, is sufficient to warrant conviction. I think it is clear that Petersen was engaged to look after the rafting, and also that lie was not anxious to be re-engaged 011 Hie Akaroa. Donovan is illiterate, and sometimes intompwate, and while he may have had In setti'ed notion that.lie was to be a, 'dummy/ it is possible that lie muddled the conditions of his employment." "I must say that there was every justification for #lie proceedings," said Mr. Wilson, "and I dismiss tlio information only, bcwiiisa the evidence, falls short of being conclusive."