MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1026, 16 January 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. M'ArtUur, S:M.) UNABLE TO KEEP A LOOK-OUT. FROM AUCKLAND TO WELLINGTON. FOUR SEAMEN REFUSE TO WORK. At the Magistrate'* Court on Saturday Thomns Riilout, Manuel Emmdes, Arthur King, and Tempest ttteen, tour seamen belonging to the ship's company of the New Zealand Shipping Company' 3 Kaipava, were charged with continued wilful disobedience of tho chief ollicer's commands on tho run from Auckland to Wellington. Mr. C. R. Bix appeared for the accused, and entered a plea of guilty. Mr. M. Myers, who appeared for Captain In. do la Cour Cornwall, master of tho Ivaipara, stated that, while in Auckland, tho men had absented themselves from tho Kaipara, and for that offence they had beeu sentenced to three days' imprisonment. As, however, the vessel sailed before the expiry of the term, they had been placed on board. They wpre deck hands, and when ordered to haul up tho anchor on leaving port they refused duty, and had not done a stroke of . work on tho way down. As a result ot' their conduct, tho master of the ship bail been unable to keep a. look-out on tho trip. Counsel drew attention to tho serious eonsequences to the officers if any mishap had occurred to the vessel through the conduct of these men. Besides this, there was not only a certain amount of danger to tho ship herself and her crew, but there was also dancer to other ships meeting her at sea. The men could consider themselves fortunate- that they were not charged with combining to disobey orders —an offence for which a peualty of twelve months' imprisonment could bo imposed. For tho present offence they were liable to twelve weeks' imprisonment, and he hoped that tho Magistrate would impose the full penalty. •Mr." Dix, on behalf of the men, admitted the seriousness of the offence. He stated that his clients had beeu led to believe by .tho usual "sea lawyer" that, if they, served a sentence in Auckland, they could not bo. again sentenced in Wellington, but thoy were now enlightened, and wished to express regret for their misconduct. They were how quite willing, if placed on board the ship, to faithfully servo the company, and atone for the past.^ Mr. Myers observed that tho risk was too great. Of course, it was for his Worship to decide, but the master of the ship would not feel that his vessel was safe if those men went back. 110 would not care to solve tho problem of what would be tho effect on other members of tho crew if theso men wero placed on board. Enandes was. a .Spaniard, and might be a prohibited immigrant, but the Government could afterwards deport ' him if <3 necessary. The Magistrate said that the offence-was too serious to be atoned for by professions of future good conduct, and ha did not think that it would ijo safe to let the men go back to the ship. There was to bo' considered tho. danger in which .they had placed tho. ship, her valuable cargo, and the lives of the crew. Ho did not know whether .there .were any passengers Mr. Myers: There were two, your Worship. . Tho ; Jtragisti;ate remarked that this made tho offence moro serious still,' and the twelve weeks' imprisonment, seemed inadequate. If Iho accused understood exactly what they wore doing, they ought to.be punished "as severely as the law would allow. Even-if they did not 'understand thoroughly, still tho punishment ought to be. sucn as would £erve as a warning to others.. There was not athing in their favour. Each of the accused would bo sentenced to two monthV. imprisonment, and ordered to pay lis. 2d, . costs. THE INEBRIATES. Thomas Xortb, against .whom there wero twenty-four previous convictions, pleaded gjbilty to: a charge of drunkenness, and to' a further charge of procuring liquor dur« iing tho currency of a prohibition order. For tho first offenco ho was sentenced (0 imprisonment, and, on the second charge, ho was 'fined 405., in default fourteen days' imprisonment, • the • sentences to be cumulative. Two iirstoffending inebriates were convicted and discharged.. . ! :