THE CHARGE AGAINST CAPTAIN JONES DISMISSED.

Evening Post, Volume LVII, Issue 21, 26 January 1899, Page 5

THE CHARGE AGAINST CAPTAIN JONES DISMISSED.

The charge next taken was that against Captain James Jones, of the s. # s. Duchess, of having assisted in making a'false representation, for the purpose of obtaining for himself a certificate of competency under i tha nroviaiona nf the Shipping and Seft«

men's Act, 1877, by assisting in representing that he had passed an examination in colour test, navigation, and seamanship. Mr. Gray appeared for the accused. Mr. Gully said the case would rest on the same documentary evidence as the others. Captain Edwin repeated the evidence he had given in the other cases, and added that he thought the first sheet of the examination papers was prepared by Captain Allman, while witness was in the room. Witness himself did not set any of the papers. Twice during the evidence of W. T. Glasgow, Secretary to the Marine Department (the only other witness called) Mr. Gray objected, on the grounds that they had no connection with accused, to the putting in as evidence of certain documents — viz., the certificate and report of the examiners, and the explanation of Captain Allman. to the Department, attached to which wer<4 questions dn Captain Yon Schoen's handwriting. On Mr. Gully, however, saying that they would be connected with Captain Jones in due course, the papers were admitted. Mr. Glasgow having concluded his evidence, Mr. Gully said this closed the case for the prosecution. He had intended calling Captain Yon Schoen and Captain Jones, but as he understood that objection would be made to their giving eviuence he did not) deem" it necessary to go through the form of putting them in the box. Mr. Gray addressed the Court, submitting that there was not a shadow of cvi dence against his client. The papers to which he (Mr. Gully) had taken objection had not- been in any way connected with Captain Jones. There was nothing else proved except • that Jones applied to be examined, that he duly presented himself, and in the room he handed to Captain Allman something which was destroyed. His Worship could not connect with this case' anything heard in the others. The examiners' report was sent to the Department, and a certificate was handed to Captain Jones. How could that show he was guilty of making a false representation! 1 There was absolutely no connection between him and the Department, except as regards the application to be examined. There- was not the slightest doubt that the case should be dismissed. Mr. Gully submitted that the documents showed that the application form signed by Jones formed the basis of the examination, that the examination was held, at which Jones produced what were manufactured examination papers. Mr. Gray — How can my learned friend say that? Mr Gully, continuing, said some of these papers were destroyed, but the manifest intention was that they should be used, and then there was prima facie proof that they were used. The Magistrate— How could they be uesd if they were destroyed? . Mr. Gully— Captain Edwin says he thinks they were destroyed. When one looks at the papers produced here — which the Magistrate proceeded to do again— the natural inference is that they were used. The handwriting of the questions op the examination papers was Captain Allraan's, and the answers were in handwriting which the Court could look at and decide as it liked, but counsel submitted that it was not the handwriting of Jones. Then there were the further papers sent in by Captain Allman to the Department with •U's explanation. The Bench — Well, how do you connect them with Jones ? Mr. Gully replied that they were sent in by Captain Allman in connection with this matter, and he was the examiner of accused. On comparison, it was seen, continued the speaker, that the questions sent in with Allman's explanation vere in the handwriting of Yon Schoen, and those questions coincided with those oh the examination papers in the hand- ! writing of Allman, and these latter ' purported to be answered by Jones. The questions being the same could not be a mere coincidence, and it showed there Was a connection. Mr- Gully submitted that, as a result of this analysis, it was a reasonable inference to draw that the three men were connected, and that Allman copied the questions given him by Jones, who got them from Yon Schoen. To him (Mr.. Gully) there seemed no doubt that the ready-made examination papers were produced in the room to enable .illman to issue a certificate of competency tc Jones. Mr. Gray said th prosecution asked the Bench to commit Captain Jones upon mere inference. Such an address would not be permitted in the Supreme Court. Mr. Kenny, S.M., said it was obvious that the Court could not possibly commit the accused for trial. There was no certain knowledge what those papers were. They were no doubt very suspicious, but there was a doubt that they were examination papers. It was unfortunate t7t 7 at Captain Edwin did not see them, and the Court was left in ignorance what they really were, besides which some of them had been destroyed. There was a difficulty in connecting it with the prisoner in any way, except by making many inferences. It was, of course, possible to commit a man for trial on inference, but if inferences were made they must be very reasonable ones. The case would therefore be dismissed. This terminated the business.