DISOBEDIENCE ON A SHIP.

Taranaki Daily News, Volume LIII, Issue 89, 23 July 1910, Page 2

DISOBEDIENCE ON A SHIP.

VIGAXELLA SAILORS IMPRISONED.

In the 'Magistrate's Court yesterday, before Mr. Fitzherbert, S.M., three young German sailors from the barque ■Viganella. now in port, were charged with, continued wilful disobedience to the lawful commands of the master and officers of the barque. The three accused are distinct from the four men who have already deserted from the vessel, and were arrested by Constable ;Mclvor on board the Vigtincila about 5 p.m. on Thursday, on warrants that had been obtained by Captain Xeekel, master of tho vessel". Each of them pleaded not guiltv to the charge. Mr. Quilliam prosecuted on behalf ofCaptain Neckel, but the accused were noc represented by counsel. Mr. Caspar dans, of New Plymouth, acted as interpreter. The accused were Adolf Schoeneich, an ablebodied seaman, Hans Kahl and Heinreich Kamphausen, apprentices, aged 18 years and 16 years respectively.

The charge against Schoeneich was taken first. Evidence for the prosecution was given by Captain Neckel and Mr. Bruno Lasson, first mate of the vessel. This evidence showed that accused, who had worked very unwillingly, had been refused permission to go ashore, but had persisted in going ashore without leave on several occasions. On being taken before Captain Neckel, in the latter's cabin, he behaved insolently and even turned out the cabin lights. Accused, who elected to give evidence, stated that he had been refused leave when he asked for it, and would not ask again, but simply went ashore. He had served in the German Navy for three years, and had good papers. He admitted having told the mate that this was a free country. This was said on an occasion when the mate was knocking the boys about.

To Mr. Fitzherbert, S.M.: The punishment in the German Navy for going ashore without leave was fourteen days' imprisonment. Accused was convicted and sentenced to three weeks' imprisonment. Accused said the best thing Captain Neckel could do was to pay him off. The charges against the two boys were' taken together. The first mate, Lasson, stated that on the barque's arrival at New Plymouth the accused w T ere put to the work of discharging cargo, in the hold. They did the work so perfunctorily, however, that shore men had to be engaged in their place, at extra expense. Both accused, who had been influenced by Schoeneich, the ringleader in the trouble that had occurred on the vessel, ted gone ashore twice without leave. Kamphausen was a good worker when he chose. Yesterday, when witness told Kahl that-if he persisted in his conduct he would be punished, Kahl replied that he would willingly do fourteen days in gaol to get away from the vessel. On Kamphausen asking why they had been punished upon the vessel and then brought ashore for further punishment, the mate replied that this had been done because he had not the power to punish them that the Magistrate had. He had only hit accused once with the open hand.

Kahl expressed the opinion that the captain had better pay them off. After lecturing the two boys on their conduct, and pointing out how foolish they were to allow themselves to be influenced by Schoeneich, the Magistrate sentenced them also to three weeks' imprisonment. If the Viganella sails before the expiration of that period the three men will be released from gaol and placed on the vessel. Kahl remarked that he would prefer three months in gaol, so that the ship could sail without him;

Mr. Quilliam ashed if his Worship would order that the two boys 'he kept apart from Sehoeneich in gaol, to remove them from the latter's influence, and Mr. Fitzherbert then ordered that Sehoeneich should have simple imprisonment, and the hoys hard labor. Mr. Fitzherbert also directed Sergeant Haddrell to inform the gaoler of the reason for the difference in the- sentences, so that that official would see that the boys were always kept away from Sehoeneich. After the Magistrate had left the bench, and while the prisoners were being removed, Sehoeneich said to Captain Meckel, "I'll knoclc your eyes out when I get out." He was then hurried away, and the hoys detained until he had been taken up to the gaol, when they followed.