ALLEGED "DUMMY" CAPTAIN.

Auckland Star, Volume L, Issue 183, 4 August 1919, Page 7

ALLEGED "DUMMY" CAPTAIN.

SHIPOWNERS CHARGES. THE MEANING OF "SAILING MASTER." A charge against the Parker-Lamb Timber Company, of what is commonly known as "dummyism" under the Shipping Act, was heard before Mr. J E Wilson, S.M., to-day. The company was . that in April it fraudulently en- , I gaged Edward Donovan as master of the > U.s. Akaroa to enable the ship to clear, - |and not for the purposes of the whole , I voyage. In opening the case for the Crown Mr. Sclwyn Mays stated that the s.s. Akaroa was owned by the defendant company to tow rafts of logs from coast ports and beaches to the company's mill at Auckland. The ship had had a number of changes of master, but in March last Petersen, a man with special qualifications as a craftsman as well as being a master mariner, was master of the ship. On March 31 the master and crew were signed off, and in April Edward Donovan was signed on as master of the ship, there being reasons why Petersen should not be master. Donovan had been sent for by an employee of the company and asked if he would ship as sailing master with Petersen at a salary of £20. He agreed, and signed on as master. Petersen remained aboard the ship, and appeared on the ship's articles as "boy." He had desired to sign on as ordinary seaman, but it was pointed out that lie had to be a member of the Seamen's Union for that, and lie signed on as "boy," being warned that his duties in that capacity were restricted. Despite that evidence would be given that Petersen acted on several occasions as master of the ship, while Donovan, the master on the articles, was doing A3. work. Donovan also slept for'ard with the men till complaint was made to the company about that on May 7. Counsel stated that it was clear that the object of the arrangement was to retain Petersen in command by using Donovan as a dummy. Captain Fleminfj, marine superintendent at Auckland, stated that on April 19 Petersen signed on the ship's articles as ' - boy, :, another member, either ordinary seaman or boy, being required to complete the ship's complement. On May 13 Petersen signed oft as "boy," and signed on as "rafter," this being ratified by witness after communication with the Minieter of Marine, that action being taken because there had been s> much controversy as to Petersen's nationality. Mr. Prendergast (for the company): His alleged nationality. Witness: He himself writes his nationality in the articles as German. The witness added that when Petersen signed on as "rafter" the ship then had a full complement without him. Edward Donovan, master mariner, said he signed on the s.s. Akaroa on April 1 as master. He had been told prior to that date that Mr. Smyth, one of the Parker-Lamb employees," wanted to see him. He called at the company's office, and saw Smyth, who asked him if he would go on the ship as sailing master with Petersen. A sailing master was a "nurso." Witness said he would not go under £20 a mtnith. and Smyth said he would get it. Smyth sent him for Petersen, then working on a trawler, and witness saw Petersen and told him Mr. Lamb wanted to see him. Mr. Lamb was present when Smyth was talking to witness. Witness got no instructions about getting a crew, but next day Mr. Lamb saw witness, and witness signed on a man, Larsen. When witness went aboard the ship he found an engineer, two firemen, Larsen, a cook, and Petersen aboard. So far as witnese knew Petersen signed the other men on, and Petersen brought the sailing orders. Petersen slept aft, and witness for'ard, but that was at witness" own wish. Witness said that Petersen berthed and navigated the Akaroa when the ship coaled from the Glenelg, also when the Akaroa towed the barque Lindstol to the Bay of Islands, and when the ship coaled at Onerahi wharf. Witnese did not make any of the arrangements for those operations. The crew was paid by Petersen, and Petersen engaged most of the crew, and kept possession of the ship's articles. For the first trip Petersen took the master's watch, and then when there was an extra man engaged Petersen took no watch at all. Witness did one trip without Petersen, but all the sailing orders came through Petersen to witness. After Petersen signed on as "rafter," witness navigated the chip going into Whangarci. To Mr. Prendergast: It was a common thing to a "sailing master," who worked as an A.8.. though it was not recognised inside" the Custom-house. Witness could not read or write, and consequently Petersen agreed to keep the books at I witness , request. Witness could have i engaged the men, and have paid them himself. When he went as full master witness always got a "second hand" to keep the books. Witness did the signingon and signing-ofF. Witness asked Peter.sen to take the wheel when the Akaroa was taken up to the Glenelg for coal, and he made the came request on one other occasion. Witness gave no orders for the working of the boat, except on one trip, when he was master; on other occasions he worked as A.B. When the company gave him notice recently ?ie asked for a month's trial in full charge, and Mr. Lamb told him to take charge, but about a week later he signed off because of an injury to his leg. Witness had gone to the company's office several times after April 1, but never to get directions about sailing and the rafts to pick up. The case is proceeding.