THE FOREST HOME

Evening Post, Volume CV, Issue 122, 24 May 1923, Page 11

THE FOREST HOME

SEAMEN'S CONTRACTS

RESCINDED

APPLICATIONS UPHELD BY THE

COURT.

"If the allegations are to be believed, I don't think it reasonable that thess two men should be required to return to their vessel," remarked Mr. E. Page, S.M., at the Magistrate's Court yesterday afternoon, when the hearing was concluded of the case in which James Parkinson and Thomas Mullen, second mate and able seairuin respectively of the American schooner Forest Home, applied to have rescinded the contracts whereby it was necessary for them to complete the round voyage on the ship. The seamen also /proceeded against August Wfiwetzer, the vessel's master,' for the recovery of the sums of £24 apd £40, for wages due.

The matter first came before the Court on Tuesday, when an adjournment was made until 'the following day, to enable the parties to try and come to an arrangement.

The plaintiffs were represented by Mr. J, A. Scott, and Mr. J. J. M'Grath appeared for Captain Wewetzer,

When the case was called yesterday, Senior-Detective Lewis said there had been, some suggestion that the two men seeking discharge were perhaps of a class which was not desired here. There had been no time to inquire fully into their antecedents, but so far nothing had been discovered which would warrant prohibiting them from landing. Proceeding with the question of the applications before the Court, Mr. M'Grath. dealt with the amount claimed by JJullen on lines sipiilar to those prer viously reported in "The Post," as to the right to claim only half-pay, etc. If I the men had any legitimate claims they should have been made, in accordance with the United States' statutes, before the Consul- Except for the usual episodes on a sailing ship, nothing serious happened 'on the vessel until Bth April. There was some bad language used, but. this was only to be expected among a crew the majority of whom were "shanghaied." Bight from the first day in Wellington, Mullen had refused to work. "Not only was he absent "from his ship nearly every day," said counsel, "but he even went so far as to do several days' work as a casual labourer on the wharf." A suggestion had been madethat because the captain was part owner of the boat, it would be in his inteiv ests to prevent the men from drawing their proper salaries, but this was withr out foundation. It was move important that" discipline should be maintained on a sailing vessel than on any other boat. Even the first mate, who should be beside the captain under all circumstances, had stolen from the master and was now in gaol. His second mate was a plaintiff in the present case, four of the sailors had deserted, and one had been drpwnsd. There was one man left on board. One of the deserters was an alien, and if he was not recovered, the captain was liable to a., penalty of £100. The Magistrate: "I understand that you are anxious to get rid of these men, who are British subjects and who have come to this Court for assistance. Still, you oppose their applications for release from the contracts?" Counsel explained, that his client thought the men, Mullen at least, should! be punished for insubordination. "The Magistrate: "Well; why don't ypu lay information against them ior mr subordination and let us deal with the matter properly? The captain has been fined £5 by this Court for assaulting one of these very men. If the allegations are to be believed, I don't think it reasonable that they should be required to return to their vessel." Seaman Mullen said the discontent broke out when the boat was several days at sea. It arose through the cap. tain telling witness to steer across the. bow of a ship and then chancing his mind and blaminpf witness. On this occasion, the captain produced a revolver and commenced cleaning it in.front of witness, saying that he could shoot him for what he had dope. Later he w,a<s "loco-cd" for not beingr able to climb to the top of a mast when he had a poisoned hand. The second mate of the vessel, James Parkinson, said that he was an Englishman, and during the "war he served with the Canadian forces. , The captain of the Forest Home always seemed to be down on Mullen and another sailor named Ford, particularly the former. He would get out of bed in "a cranky mood" and rate Mullen for nothing at all., Witness heard the captain gay that,he could have pat a piece of lead through Mullen for the latter's carelessness at the wheel. He did not think that it was safe to go bapk. on board the vessel. He hndi begun work at the salary of .75 dollars per month. Of this he had received only £13 in money and £5 17s 6d by way of

"slop-chest." balled by Mr. M'Grath, August We* wetzer, captpjn of the Forest Hohme, said that all the pre'w was signed up for the round trip, and witness had in no case made any variation, nor, accnrdinK to the law. could he make an alteration without having it in the articles. Nothing'very serious happen? Ed on-the voyage to New Zealand, but Mullen had to bs reprimanded several times for neglect of duty. On the occasion when Mullen" was logged for letting tile.wheel slip, the vessel was very lucltly not to loose itg rudder. If the vessel were lost, witness would loose about 4000 dollars as his share in the craft.

"There are two applications "under the Shipping and Seaniens Act,' s.aid the Magistrate. "The Act .provides that when proceedings aye instituted before the 'Court between the mast and a member of the crew of the vessel, the fiencK.niay, if it thinks fit, rescind any contract between the two parties. The master of this vessel lms had considerable trouble with his crew, but this 1 may partly be due to the very unusual way in which they were engaged. I do not think that it would be right to release a man who was grumbling and just wanted 'to be free of the contract after having entered into it, but the details of this cose, as placed before the Court, shqyv tljat the captain has been fined £5 for assaulting one of these two men, and he was also fined for drunkenness. It soerflß quite impracticable that the Court should order these two men to be placed on' boatrd the vessel. I don't think it would be safe to make this direction. Under the most unusual circumstances, therefore, I propose rescinding the contracts between the parties. The question has been raised by the police as to the desirability of these.two men being allowed to land in New Zealand,' but they both are British subjects, and there is no lawful reason why they should not be permitted to land here."

In regard to the question of wages, the Magistrate- heard considerable argument, after which he ruled that the plaintiffs be non-suited on this application. The Act, however., provided that the wages should be paid a seaman on discharge, and although no order would be made in this direction, the wages would have to be paid.

The two seamen, therefore, will sign off the vessel before she leaves for "Wangauui. ■ .-,