ALLEGED DISOBEDIENCE.

Taranaki Daily News, Volume LIII, Issue 310, 25 May 1911, Page 3

ALLEGED DISOBEDIENCE.

THE TltiP OK THE LAUDERDALE. In the .Magistrate's Court yesterday morning, before Mr. 11. 8. Fitzherbert, S.M., John McLaughlin, a member of the crew of the steamer Lauderdale, which arrived from Liverpool on Monday afternoon, was charged with continued wilful disobedience of' lawful commands. Captain Cox, master of the vessel, prosecuted, and Mr. Quilliam appeared for defendant, who pleaded not guilty. At the outset Mr. Quilliam stated that it was a question whether, under the Shipping and Seamen's Act of 1909, his Worship had jurisdiction in this ease. Frederick William Cox, master of the Lauderdale, produced the ship's articles, showing that defendant was on the

articles as a fireman. Witness also pro- | duced the ship's log, containing an entry showing that on April 22 accused refused duty. On the 24th accused was given a copy of that entry. Witness stated that on April 23 he instructed accused to go on six-hour watches, but he definitely refused to do so. On April 25 witness sent the second mate alio the second engineer to accused, with a notice of the entry in the log, and the accused again refused to work six-hour j watches. From that day until the ves-1 sel's arrival in port accused had never j been on duty.

I To Mr. Quilliam: The entry produced was the only entry in the log of the continued wilful neglect of duty. Witness had ordered accused to do six-hour I watches at coal-trimming, although McI Laughlin had signed on as a fireman. There was.nobody else on the ship doing I six-hour watches when witness ordered accused to do so. It was necessary for accused to work six-hour watches because he did not do the work in the proper time. Shortly after this witness I saw the chief engineer about the matj ter, and said that McLaughlin would have to carry out his orders. It was reported to witness by the chief engineer that the coal was not being trimmed. Accused's wages were Is a month. The coal had to be trimmed, and the chief engineer suggested thai, it was necessary that McLaughlin should work six-hour watches. Accused had to shift about 12 tons of coal a distance oi 15ft. That was all the work he had to do in a day. The other men were doing greasing, etc. Witness knew thai accused was working nine hours a day instead of watches, and that he was taken from the work he had signed on for.

Mr. Quilliam: Did you know that he applied for the usual half-holidav.

Witness: You arc speaking ol colonials. This is an English ship? In answer to other questions, Captain Cox said the vessel's present port of registry was Glasgow, but the intended port of registry was Wellington. Mr. Quiiliam said that if the Act oi 1909 had received the Royal Assent, hia Worship's jurisdiction related only to ships registered iu New Zealand. He would be fully justified in asking for an adjournment, but he knew that the captain desired to leave to-day, and his client was anxious that no act of his should delay the ship. Further cross-examined, Captain Cox said he was aware that McLaughlin was required to work - even days per week, of nine hours each. This was quite proper at sea. Witness had been master of vessels since he was 23 years of age, and his treatment of crews had been the same as in this case. He had earned a good reputation. Accused came out at Is per month to save himself £lO in passage-money.

Evidence was given by other officers of the ship, corroborating that of the captain.

ill'. Qnilliarn. in opening the case for lilts defence, s,ii<] that McLaughlin signed on as a fireman at a wage of Is per month. There were three degrees below the engineers, viz., greaser, fireman, and coal-trimmer, each with distinct, and separate duties. On leaving Liverpool accused was put on greasing. ■ He had "a perfect right to refuse, this, as he had signed on as a fireman, but be was a peaceable man, and he did not refuse, but did the work satisfactorily. Later on he was put ori coal-trimming as well as greasing. Of course, the, further the ship went the further into the hold the trimmer had to go for coal, and so the work, took longer. Accused then spoke to one oi the engineers, and suggested that he should be placed on only one duty insteady of two, lie was then placed on day' work of nine hours every day. To one of the officers he suggested that he had now a right to a half-holi-day, art;! .Sundays aff, except for two hours' work. The officer said he knew that. At 2 p.m. on the Saturday he therefore knocked off. Accused was engaged as a fireman, and was really amenable to the engineers' orders only as a fireman, but he was willing to do the same work as the others. When he was ordered to six-hour watches lie said that lie would not work them, but would work four-hour watches, the same as everyone else. There were also two strong points for the court to consider. The first, was that there was 110 evidence of continued disobedience, but only of one act, even if it could be called' disobedience. The second was that tile captain's command was not a lawful one. The accused -was engaged as a fireman. Except when it was necessary, or when a ship was in distress, the men on that ship could not be employed at work .other than that for which they had signed on. In this case there was no suggestion that the ship was in any danger, and no proof that the work was necessary. It seemed more like an act of oppression. The conduct of accused had in no sense been insubordinate. It was nothing more than lawful resistance to an act. of f.ryanny by a petty de-pot. Mr. (,Illinium then called accused t<j give his evidence.

His Wor-diip sait! there was no n»ed for accused to get into 1 lie \viin.s>-Irox. Tim information would have to he dismissed. There were various point-:'. The siiip wns not rosUtcp-i] in Now Zealand; in fact, there was »„ ),r„i»f of registry at all. Tlu- log-lmo!; ontviei were not properly made to enable tlip charge to stand. According to the .section of the Act under which the chame was laid, an entry must lie nude in the log-book for every day on which the alleged disobedience lontinued. Continued wilful disobedience was quite distinct from one net of disobedience, and the two oll'ences were dealt with by two separate sub-sections in the Act, tlie penalties also varying. Again, the Act liad lint been complied with in that accused's answer when the notice of the log entry was given to him had not, been recorded in tlie log-book and tile latter counter-signed as required bv the Ad. The information would he dismissed. with costs ill lis.

Captain Cox said lie had a copy of the register of the ship and could produce it. His "Worship replied thai it did not matter, for the ease would h-ive to lie dismissed on the oilier grounds he had mentioned. "You want to Mudy the Act, captain," added liis \Y<>i'<]):u,