ALLEGED "DUMMY" SHIPMASTER.

Taranaki Daily News, 7 August 1919, Page 6

ALLEGED "DUMMY" SHIPMASTER.

CHARGE AGAINST VESSEL'S OWNERS. QUESTION OF NATIONALITY. 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, 1910. the company fraudulently engaged i 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. Sehvyn Mays, for the Crown, stated that on March 31 last the Akaroa was without a master or a crew. The owners sent for Donovan, and asked him whether ho would go to sea as sailing master with Peter Petersen. Petersen was expert in log raft work, in which the vessel was engaged. The two went to sea, Donovan as master and Petersen as "boy." Later it transpired that Donovan was working as an A.8., scrubbing out the ship, and even sleeping in the A.B.'s quarters, while Petersen controlled the vessel. Donovan himself was competent to do that. In nautical language, said Mr. Mays, it was a case of "wet nursing." It was clear that the object of the arrangement was to retain Petersen in command by using Donovan as a dummyp 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 a "boy."' On May 13 Petersen signed off as "rafter," this being ratified by witness, after communication with the Minister of Marine, that action being taken because there had been so much controversy as to Petersen's nationality. Mr. Prendergast: His alleged nationality. Witness: Petersen 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 he would go as sailing master on the Akaroa with Peto Petersen. Mr. Mays: What is a sailing master? —"A 'nurse.'" Mr. Mays: Did lie fix your wages?— "I said I wouldn't go under £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 the 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." In re-examination, Donovan admitted that he had cleaned out the forecastle He stated that lie had done it voluntarily, but that it was not part of a master's duty. To the Magistrate he said he did not do such work when he was working as master. For the defence, Mr. Prendergast submitted that the section of the Act under which the present charge was laid aimed at preventing the 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 his orders from another employed as his inferior.-

The Magistrate said there was no objection to a. master asking a competent man to draw alongside another vessel, ,as according to the evidence Don.ivan had done, but before 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 he was to takj charge. Petersen was supposed to look after the logs, and as Donovan was unablo to read and write witness told Petersen 1 to give him a hand. Mr. Prendergast: Was Donovan employed as sailing master?—" No." Witness said that Donovan was always there when orders were given, and that ho himself instructed Petersen to take his orders from Donovan. Cross-examined, the witness said ho considered Petersen a very good craftsman, and had been paying him £25 a month all the time. Mr. Mays: That is £5 more than the master. You wanted Petersen with Donovan ?—"Yes." Mr. Mays: You took Petersen off as master on instructions from the Minister of Defence?—" Yes." At this stage the hearing was adjourned.