A SEAMAN S GRIEVANCE

Auckland Star, Volume XXVI, Issue 4528, 3 December 1884, Page 3

A SEAMAN S GRIEVANCE

At the District Court to-day, (before H. G. Seth Smith, Esq., District Judgo), tho caso of Thomas P. Terry v. William Thomas Minclmm was heard. This was a claim of £85 for breach of agrcemont, wrongful •»rrest, etc. Mr Theo. Cooper (instructed by Mr Jackson) appeared for plaintiff, and Mr F. Earl for defendant. Both parties to tho suit are seafaring men, the plaintiff being a certificated mate, and the defendant master of the local schooner Aurora. Towards the end of September last the Aurora'was lying at Raratonga, and the plaintiff, according to his own statement, being anxious to reach Auckland offered to work his passage thither. The defendant eagerly closed with the offer, and for form's sake* induced plaintiff to sign tho ship's articles which provided for the payment of 1 s per month as wage?. On the Ist October the vessel sailed for Auckland and reached her destination on the night of the 31st. After the vessel had been moored alongside the wharf on the following morning, the plaintiff prepared to take his departure, whereupon defendant asked if he were not going to stay to take the cargo out. Plaintiff replied in the negative, saying that he had only signed for the trip, and that as they had run short of provisions and he had been obliged, during the last 11 days, to live entirely on fruit, ho did not feel inclined to assist in unloading cargo. Defendant replied "Very well; you can go. I shall know how to treat you again j" and then, in answer to a question, promised'to meet plaintiff in half-an-hour'b time at the shipping office in order to givo him his disc large. He failed to keep the appointment, however, and as for several days subsequently he took no fctops to grant the discharge, plaintiff was prevented from accoptingtho position of chief officer of Louisa Montgomery, which was offered him at £Bperimnth for six months. On the 4th Kovomber ho was arrested on warrant at the instance of the defendant, for desertion, and lodged at tho Policestation, where he spent the night. In the morning the charge was heard, and dismissed. Tho present proceedings were then taken for the recovery of £50 damages in respect of the alleged false accusation of desertion, and its consequent incarceration ; £10 damages for breach t)f agreement ■'■ to pay the stipulated Is per month, give him board, and grant him a valid discharge; and £25 special damages for the loss of the appointment on the Louisa Montgomery. Tho above is an outline of plaintiffs evidence. Tho defence consisted of a denial of plaintiff's material allegations and. the contention that the articles he signed at Rarotonga provided for a six months' engagemont at Is per month, the port of discharge to be at defendant's option. The caso was proceeding as we went to press.