“HIGH-HANDED METHODS.”

Hokitika Guardian, 21 February 1920, Page 4

“HIGH-HANDED METHODS.”

INCIDENT ON AMERICAN STEAMER.

DUNEDIN, Feb. 16

A case of more than ordinary interest as affecting American sea-going methods was heard In the Magistrate’s Court to-day, when John McNamee, a member of the crew of the steamer Iceland, now lying at the Dunedin wharf, was brought up on two oharges, one of disobeying the lawful commands of the captain (Charles Hafley), and the other of assaulting the second office! - , Michael Dombroski. The accused, who was not a big man, showed signs of damage in the face. Mr Cook appeared for the informants, and Mr Hanlon for the accused.

The story of the captain was to the 'effect that on Friday night, while the ship was lying at the wharf, he ordered accused to his quarters, but the latter refused to go. An attempt to put him in irons was unsuccessful until about 3 o’clock next morning, when the man was handcuffed and ropes put around his legs. It took six men to overcome the accused, who was very violent and threatened to kill the officers and burn the ship. The man joined in Philadelphia, and had given trouble all along. He was put in irons and released only when the ship reached British ports, being put in irons again between the ports. The captain contended that, having been entrusted by the American Government with valuable property, it was his duty to take measures to ensure its safety. He admitted that lie would “love to get the man off the ship.” Under the American law, he said, if a man refused to be put in irons, it constituted an assault. He himself saw the accused strike the second officer, but none of the officers struck accused.

Mr Hanlon was unsuccessful in getting the witness to state definitely how the accused man was handled by the officers, or how the alleged blow had been struck. Finally the captain, becoming heated under the pressure, asked for the protection of the Court. His Worship ordered him to answer the questions put. The evidence of the chief engineer, chief officer, and the second officer was also taken. It was to the effect that the accused caused trouble by getting into a fight with two Greek members of the crew, and on being put into a room threatened to kill the officers if they would not let him get at the Greeks again. It was after the trouble had quietened down that the captain came and ordered the accused to be put into irons.

The Magistrate (Mr Bartholomew) said that the evidence disclosed-a decidedly high-handed action on the part of the captain, and he was pleased to see that the American Consul had given an opportunity to have the matter properly ventilated. The captain was obviously not at all pleased that the man had been able to procure adequate defence. The captain’s evidence, indeed, had been most unsatisfactory. He had not been able to give a clear or connected account of an occurrence of only two or three days ago. The evidence of the first and second officers had been candid, and it was a pity that the captain did not profit by their example. Regarding the assault, the evidence disclosed an extraordinary and high-hand-ed action on the part of the captain. The accused had been fighting two Greeks, and afterwards was handcuffed and taken to his room. It was natural that he would feel aggrieved and say the things he had said. It was not till after things had quietened down that the captain came and ordered him into irons. The action might have been justified if the ship had been on the high seas and the captain feared damage to the ship or cargo, but the vessel was in a British port, and our law was sufficient to protect her. All the captain had to do was to send for the proper police officers. Both charges would be dismissed.