TROUBLE ON MAHIA

Evening Post, Volume CXV, Issue 108, 10 May 1933, Page 11

TROUBLE ON MAHIA

LEGAL PROCEEDINGS

CREW BEFORE THE COURT

Thirty members 'of the1- ; ciew. of the Shaw Savill and Albion Company's cargo vessel Mania appeared .before Mr. E. Page, S.M., at the Magistrate* Court this afternoon. Seven were charged -frith continual wilful disobedience to lawful commands) two with wilful disobedience to a lawful com-: mand, and twenty-one with being ab-: sent from .their ship without leave. : Mr. H. F. O'Leary appeared for the Shaw, Savill and Albion Company, ancl Mr. F. W. Ongley for the accused. Those charged with disobedience to lawful, commands entered pleas of not guilty, the first man charged, George Armstrong, stating that ho Tefuscd to take .the ship to sea with the boatswain, but that he would do so OtherWise; Mr. O'Xeary said that the charges were made against the men - tinder section 225 of the Imperial Merchant Shipping Act, 1894. Outlining the circumstances that had led up to the present trouble Mr. O'Leary said that ■when the Mania wais six or seven days off the New Zealand coast an altercation took place between the boatswain and an ordinary seaman named Winters. They came to blows, and it was alleged by the boatswain that he was struck first. Ho retaliated and blood was drawn on Winters's face. It appeared that they were separated. The boatswain then went about his ordinary duties and within five minutes Winters wont over the rail and committed suicide. When the vessel arrived at the first New Zealaud port, New Plymouth, a thorough investigation was made, and the conclusion arrived at was.tliat the boatswain was in no way responsible for Winters's death. .No cliargo was brought, or could be brought, agaiast him. The* police had also been informed of the circumstances, of Winters's death, and it was held that no action could bo .taken. Since leaving New Plymouth the crow had decided that they would not work the vessel-unless the boatswain was removed. The vessel arrived here last Fridayj and on Monday a deputation was mado to the captain with, a view to having tho boatswain removed. The captain, however, refused the crew's request. He gave them permission to go ashore and obtain any advice they desired. Subsequently seven of the seamen had refused to do work at tho request of the boatswain. When it was decided to take the ship out into the stream the seven seamen and a number of firemen left the ship. Captain Andrews, master of the Mahia, was then called to give evidence along the lines indicated by Mr. O'LeaTy. One. of tho defendants, Harry Cecil Elby, an able seaman,, said in .evidence that right from the day the vessel sailed from London the boatswain had been getting on to Winters and used to call him most terrible names which absolutely goaded the young fellow into striking the boatswain first. y On the Sunday before Winters went overboard Winters was showing some photographs to a number of men sitting on a hatch. The boatswain, who was , amongst them, commenced to laugh, and when Winters asked him what ho was laughing at the boatswain had him logged, for insolence. Winters, said witness, did not get fair play from the boatswain. "I have never 'refused an order," said witness; "only from the boatswain. We are all willing to go back to the ship provided the boatswain is out of it."1 Cross-examined witness said he had no complaint to make about the captain. (Proceeding.)