SEAMAN WINS APPEAL

Evening Star, Issue 25599, 27 September 1945, Page 4

SEAMAN WINS APPEAL

AMERICAN LAW DECISION ECHO OF DUNEDIN INCIDENT Decision has been given' in the United States by a- Coast Guard Court of Inquiry in a case heard in Dunedin in July which aroused much interest. The defendant Reynolds, an American mercantile marine seaman/ who was charged with assaulting William Hylton. captain of the United States vessel of which the defendant was' a member of the crew. The question of jurisdiction was raised, and after hearing the facts and argument, the Magistrate decided to place Reynolds under the control of the Ameri-.' can naval authorities. A sitting of ari American Coast Guard Court of Inquiry -was held in Dunedin on July 12 to hear the charge. The hearing officer was Lieutenant-commander W. R. Sayer, and Lieutenant J. E. Doti, United States Coast Guards and an advocate of the New York Bar, was examining officer. Mr G. T. Baylee, of Dunedin, was counsel for the seaman. It was found by the court that the seaman's certificates " are suspended for a. period beginning 'this date and ending six months after the date on which he reports his arrival in the United . States to the Coast Guard." The seaman was advised that he'had a right of appeal, which would have tobe entered within 30 days of his arrival in'the United States. He was : - asked to intimate whether an appeal would be lodged, and answered in the affirmative/ '.',-., , . The decision in the appeal, given at San Francisco on September 8, said that Reynolds's sole contention on appeal was, in substance, tbat he wag not actng under the authority of his certificate at the time and place' of the occurrence. The evidence showed that on July 1, 1945, the crew had been living ashore during the repairing of s.s. John Deero at Port Chalmers. \ The captain left the, vessel in. the morning to make -arrangements with the vessel's agents for its. departure, and after completing his business met an acquaintance and had dinner with her at a small restaurant, Reynolds also being there with' a woman friend. Afterx, their meal, Reynolds and his companion left their table en Toute to the cashier's counter, and' passed Hylton's booth. Reynolds paid his account and returned to the booth' where Hylton and his companion were seated. An argument arose, and Reynolds struck Hylton in the face with his- fist, fracturing his nose. There was no evidence to support the findings of the hearing officer,that at the time of the .-.incident {Reynolds was acting under - authority of his certificates. There was no evidence that the two men were discussing or transacting any ship's business, or that Reynolds v was doing anything even remotely connected with his duties as a" seaman on board the s.s. John Deere. The altercation was entirely ,a private matter between Reynolds and Hylton, and therefore the Mercantile Marine Detail had no jurisdiction over the status of Reynolds's certificates by reason of the alleged assault.. The findings and order suspending/ Reynolds's certificates were reversed and set aside, and the charge and specifications were dismissed.