THE CHARGES AGAINST THE CAPTAIN AND STEWARD OF THE WAIROA.

Evening Post, Volume XX, Issue 285, 6 December 1880, Page 2

THE CHARGES AGAINST THE CAPTAIN AND STEWARD OF THE WAIROA.

MB. SHIW'S DECISION. At the li.M. Court to-day, Mr. Shaw delivered judgment in the charges against Captain Adama, of the ship Wairoa, and the steward, Oscar Heffort, of having smuggled two boxes of cigars and four boxes of tobacco ; and also in the charge against the captain of having made a false report of the ship's stores. Mr. Izard appeared for the Customs authorities, and Mr. Edwards for the defendants. Regarding the charge of smuggling, Mr. Shaw held that the goods named were part of the ship's stores, and, as such, were not liable to duty. If any attempt had been made to convert these goods into cargo, or to pass them ashore surreptitiously, they would, of course, cease to belong to the ship's stores. But it was evident in the present case that such had not been done ; and although the fact of the goods having been found in the steward's cabin was in itself suspicious, yet it did not render the defendants liable to a penalty. The information for smuggling was therefore dismissed. With reference to the other charge, it appeared the practice followed in oases of vessels arriving in port was for the purser and steward to overhaul the stores, and make an approximate estimate thereof. The statement was next handed to the captain, afterwards to the shipping agent, then to the agent's clerk, who made a copy, which wu signed by the captain and handed to the Customs authorities. In the present instance, when the report fell into the hands of the agent's clerk, * copy was supposed -to be made by him, but that "copy" was a tissue of falsehoods from beginning to end. In fact, it did not contain a single correct entry. Large amounts had been made to dwindle into small and insignificant amounts ; fCrtks became gallons, and several articles had been btndionsly omitted altogether; so that although the stores in the first place appeared to have been fairly estimated by the steward, yet for some inscrutable reason the shipping clerk had taken upon himself to make a totally false and misleading report. He (Mr. Shaw) could understand a fair margin being allowed, but this -was not a case of fair margin at all— it was a case < f most glaring and erroneous discrepancies. Unfortunately, the captain appcaredto have signed this report in thr> hurry of business without stopping one noment to examine it, and this act subjected him to a penalty. He waa sorry the legislature in its wisdom had not thought fit to allow the magistrate any discretionary power in inflicting penalties. The penalty was absolutely fixea by the Act, and, therefore, it was hia duty, however painful, to inflict it. He only hoped the Crown would sco its way clear to roinit the penalty, if not altogether at least to a very great extent. If he were allowed to decide the case on its merits, he would fine the defendant 20s and costs, because the.

biame ought not to be placed on tho captain's shoulders, but on tho place where the unfortunate document had been " cooked." Mr. Edwards pointed out that under section 202 his Worship had power to mitigate tho fine to £25 without costs. Mr. Izord said, of course, ho could not promise anything there, but ho had no doubt his Worship's remarks would receive the due consideration of the Customs authorities. Captain Adams was then fined £25 without costs.