EXCEEDED HIS DUTY.

Auckland Star, Volume LIV, Issue 106, 5 May 1923, Page 15

EXCEEDED HIS DUTY.

. I CAPTAIN ASSAULTS SEAMAN. ! A KINK IMI'OSKI). ' lily Teleirraph.—rress Association.) WKIXINOTON. Friday. At tiip I'olii-o Court to-day Vaptain \\ crweii/e:-. of t lie American schooner Forest Home, appeared Wore Mr. Page, S .M.. on :i ehm-fre of having assaulted riiomas Miillin. a seaman on tlie vessel. The story told liy .omplainanl was tl* Ihe effect that on Friday evening lie was night watchman, and after lighting the lamp he went down into tin- pilley to warm himself. A fpw minutes later the captain arrived on tht' scene and asked why lit. Wits not on deck. The witness replied that lie was "keeping himself warm." whereupon tlie defendant seized him Ily the throat and began to punch. kick, and iii-ncrally ill-use him. at the same time «;tiHinj! him an offensive name. William lor.i. another sailor, separated the pair, and the captain then threateningly said: "You come hack late and I'll fix'you."

ill,, defendant said ho arrived back nl | hi* vessel Kbout !) o'clock and found there was no man i>n watch nor any , lijshi on the jiaiijjwnv. He went to his | room, hut was worried about the matter, ji and liniilly hunted aliuut to find the man ii who was supposed to he on duty. "I i found Mullins in the jjallev." continued., the captain, "pluying solitaire. I asked ; him what lie was doing, and lie >£Ot up," and looked mc threateningly in the face. 1 ; so I tried to put him out. The crew lias J liei'ii up auainst mc all the voyage." , I S

"•The master (if n vessel bears a great I <!<-H luf responsibility." continue.l tlie , magistrute. "but there are very wide ? powers extended to him by which he enn J maintain disi-ipline. 1 think in this c«*e !| the captain exceeded liis duty and com- \ mil ted an unnecessary assault. He will £ lie fined c>. vvitli costs."' |l