THE CAMBUSDOON.

Lyttelton Times, Volume CXX, Issue 14977, 24 April 1909, Page 10

THE CAMBUSDOON.

At the Magistrate's Court at Lyttelton yesterday, before Mr G. A. Lewin, J.P., William Baird, Alexander Ericksen, John Goulding, Charles Andersen and Charles Holm were each charged that, being-able seamen on the articles of the barquo Cambusdcon, onApril 22, 1009, at Lyttelton, they did combine to and did disobey lawful commands on the said barquo; and also that they did on the same date absent themselves without leave from the same vessel. Mr H. J. Beswick appeared for the maeter and Mr F. K. Hunt for the accused.

Mr Beswick outlined the case, stating that the men, having protested against the unseaworthiness of the vessel, had been told by the shipping master that the. veusel .was perfectly seaworthy and that they must return to work. Some of tho men had then withdrawn from the protest, but the accused would not go back to their duty. As their bags were packed they were apparently preparing to desert. The prosecution were not certain about Holm's intention to leave the vessel, as he had '. been laid up by injuries received to his face, and tho second charge against Holm would be withdrawn. Mr Beswick quoted the section which provided that combining to disobey was punishable in respect to an offence .committed in safe harbouT by a month'6 imprisonment or tho loss of a month's pay. Thomas John Howes, .master of the Cambusdoon, said ho put in to Lyttelton nominally in distress. On Thursday morning, when going down to tho ship, he saw Baird, Ericksen and another man coming ashore, one with a bottle under his arm, and another with a pair of seaboots and a suit of oilskins, and asked them if they were going to turn to. Baird said " No," and the others did not speak. He told them he was going to take action against them, and Baird replied that that was what they desired.

Sydney Calham, second mate of the barque, said that in the morning he wont to the forecastle and asked the men if they were going to turn to, but Baird said they were going to the shipping master and tho men said, " We're not going to turn to." Anderson, Baird, "Gould ing and Ericksen went ashore together without his permission. There were some bags in the forecastle, and he supposed they belonged to the accused mon. The rest of the crew told him they were willing to turn to, but did not want to make trouble with those who -were not willing. Holm, when asked what he woidd do, told the witness that he would stand by those who had gone ashore.

Samuel Waddell, first mate of the Cambusdoon, said ho had not given the men leave to go ashore. The mon had gone ashore with the captain's leave to see the shipping master, but had no leave to go ashore again. Holm told witness he was not going to work, but was going to stand by the rest. Four or five bags,' apparently belonging to these men, were packed in the forecastle.

To Mr Hunt: They had a very troublesome time after leaving Sydney. Mr Hunt: Was it not suggested' :i;at yon should bo put in command? Witness: Who was telling you that? Mr Hunt: Did the suggestion come from you? ' •

Witness: No. Witness stated that the vessel was then within fifty miles of the Bounty Islands, and the crew and ho thought she should bo put "into the wind," and she was. There had been no trouble with the crew till the question of unseaworthiness aroee. To Mr Beswick: The survoy held since the ship arrived had proved the captain's opinion correct. To Mr Hunt: The shin was in great peril; but he would not say that she must have come into port to have things put right. The vessel was not fit to go to England. Witness did not agree with the men, but he could not seo anything wrong with coming into port. Mr Hunt said .ho had no case to answer. The men had come ashore to see the shipping master, as they had every right to do Tho Bench asked Mr Hunt to provo his case, and he called William Baird, one of tho accused. Baird stated that before breakfast the crew was asked to turn to, but the accused declined, .saying they wanted to see tho shipping master. He knew that if the ship was not- seaworthy sho would not be allowed to go to sea. Tho wholo crew had been agreed about not going further, but most of them had " gone back " on tl'.o agreement. Asked for an exact account of how they spent tho time, when they did go ashore, Baird said he could not be sure when they went ashore, -or when they were arrested, but they had boon about the town drinking and enjoying themselves. They did not see the shipping master, although they had been ashore all day. He denied that they had pawned various articles at a second-hand shop. They did not want to go away in tho ship. Tho accused were-convicted on each information and discharged on tliat for absenting themselves without leave: on tho charge of combining to disobey they were sentenced to one month's 'imprisonment, but were ordered to bo put on board if the ship sailed in the, meantime, and were ordered to pay costs. The Cambusdoon in to ho towed into tho stream this morning at six o'clock.