MASTER AND SEAMAN.

New Zealand Herald, Volume XXVIII, Issue 8555, 1 May 1891, Page 6

MASTER AND SEAMAN.

9 CLAIM FOR WAGES.

ALLEGED ILL-TREATMENT. At the Police Courb; yesterday, before R. W. Moody and D. Robertson, Frederick Dandas, msister of the ship Broomhall, was charged that on April 25 he became indebted to Alexander Truegold in the sum of £5 15s, being the balance of wages due to the plaintiff as au able seaman on board the ship Broomhatl,and with having so illused the said Alexander Truegold that he apprehends some danger to liis life if he remains on board the said ship. "Mr. Mahony appeared for the complainant, and Mr. hotter for the defendant. Mr. Mahony said that the Act provided that if the complainant could prove that he had been illtreated, then he was entitled to his discharge, and to receive all wages due to him.

Alexander Truegold deposed that he was at present a seaman on board the ship Broomhall. He had agreed to a voyage in the Broomhall, terminable in the United Kingdom. He left England on January 14, at which time he was in perfectly good health. He had been at sea since 1874, and had always received good discharges. The forecastle was leaky, and the water the vessel shipped used to come into his bunk, which was the worst in the ship. On several occasions when he came in wet from watch, he found a pool of water in his bunk. He was forced to occupy this bunk for about three weeks. He then became ill, and was unable to take his food. On February 25 he was taken worse, and suffered from cramp in the stomach. He was then taken to the cabin, and for a time was welltreated by the captain. About a fortnight after this the captain's manner to him changed. The captain then ordered that he should have nothing but potatoes three v times a-day for • a week. This treatment w?s kept up till March 2S. The captain used to come in sometimes to see him, and made use of foul epithets to him, and promised that he would give witness six mouths in gaol when he got to Auckland. On one occasion the captain came in when he was lying ill in his bunk, and poured boiling candle grease on his face, covering his face from his forehead to his mouth. The captain then told some sailors to pour candle grease on witness "to wake the up." One bitterly cold morning he was made to turn out at four o'clock when he was ill. The captain at once asked him why he did not die, as he was of no earthly use whatever. He removed after this to the forecastle, as he thought he was safer with the men than in the cabin, He had been sick from the 14th of February to the Ist of April, and during this time he was quite unable to do any work. The captain's conduct throughout the voyage had been exceedingly harsh towards the crew. The amour.t due to him up to last Saturday was £5 15s, He was afraid that the captain would ill-use him. if lie made the voyage home again in the Broomhall, and he was now under medical treatment for congestion or the liver. He desired that his contract should be rescinded.

Cross-examined : He had never laid a complaint against it captain before without first informing- him, the captain, of it. He never complained to the captain or mate about the captain's conduct. It was not usual for a sailor to leave his ship without making a request to the captain or mate. "He came ashore at 10 o'clock on the morning on which he laid the complaint, and did not return until five in the evening. He told both captain and mate that he had been a heavy drinker fifteen years ago. He did not think that the candle grease was accidentally dropped on bis face. The captaiu accused him of shamming, and threaten :A. to stop his wages. He remained in the cabin for four weeks and three days. The reason that he was given potatoes was in order to stop his vomiting. He was not in better -lakh when he left the cabin than when he valine on board the ship. Some of the statements made in the log were untrue. Be lad no drink on board the ship. Henry Morley, A.B. on the ship Broomhall, deposed that when complainant embarked on the Brcomhall he *.\as in good health. Accused "was taken ill during the voyage, and was removed to the cabin. Witness hr<.d slept in a wet bunk ever since he had been on board the ship. The bunk allotted to complainant was the worst in the ship. There was nothing in the conduct of complainant that made witness think he was sha nming. Complainant was always respectful in his behaviour towards his superior. The captain had behaved well toward. witness throughout the voyage. The captain said that if two men who had broached the cargo returned to the ship he would make it uncomfortable for them.

Cro£ "examined : Witness had never seen the captain raise his hand to anyone on board the ship with the exception of his conduce to Truegold. The captain never attempted to iay a ringer upon Truegold in his prer.anoe. John Tilly, A.B. on board the Broomhall, deposed, that Truegold worked for about a month, until he fell ill. From that time till about April he was sick. Witness saw Trssogoldlonce or twice during this period, and he appeared very much emaciated, and quite unfit to do his work. Once the ca* Sain told witness to go into the cabin tr-d took to Truegold. The captain said riifl.% Truegold had been sleeping his senses away, and that he had poured candle grease t" bis iacs to wake him up. The captain txid he would give the loafer six months when he got to Auckland. The captain th.'no!■ iei-ed Truegold to go forward and work . This \y,'.s about half-past four o'clock, and ;!'.was raining hard and misty. Truegold remained on deck for some time vomiting. Ho collapsed soon after this. After this the captain came and ordered Truegold to go aft. Tmr.grJ'i refused, saying that he was better oil" with the men. The captain and mats tried -to remove Tj'uegold, when the men forward said, " Is that the proper way to handle a sick man?" and they desisted, Ultimately the complainant went, aft. The captain was a very harsh man towards Ilia crew. Witness would not like to return to London with the captain. He was present at a conversation on Saturday last, when the captain said that he would make ib an uncomfortable ship going home. William Robert, A. B. onboard the Broomhall, deposed that Truegold was really ill, and not shamming. The {forecastle was damaged s..d leaky. He saw the mate drag Truegold out of the forecastle whilst the captain was standing by. Complainant remonstrated, saying that lie was afraid to go aft. The man was sick, and only just able to walk.

Laurence Spearman, A.B. on board tho Broomhall, deposed that the forcecastle was wet, and leaked everywhere, and that complainant spoke to the mate about this twice. Tru-igold was sick for about six weeks, and during thai, time seemed to waste away. On one occasion the captain called him into the cabin together with Tilly, and said that he had been pouring candle grease on the man's face to try and wake him up. Truegold was ordered to keep a look out, but was not fit to do so. He went on deck for a short time, and after this was laid up for seven days. Cross-examined : The captain, on discovering that some cargo had been broached, said that he would make the ship very hard going home if Bright and Hughes did not leave ib. ,

Mr. Cotter asked their Worships if there was any case for the defendant to answer. The Act under which the information was laid only gave power for the complainant to sue where the engagement terminated in the United Kingdom. The Act stated that there must be reasonable grounds for the complainant to suppose that his life would be endangered before he could sue for his discharge. He submitted that the complainant's case had broken down, :.

Dr. T. Hope Lewis, on the log being read, which stated the treatment given to Truegold by the captain, said that the medicines given him were suitable remedies. He found that Truegold was suffering from congestion of the liver and gastric catarrh. Captain Frederick Dundas, master of the ship Broomhall, deposed that on February 14 complainant laid ■ up in the forecastle, and remained there until February 26. He never heard anything about his illtreatmen'o to Truegold until that day in Court. H*> prescribed the remedies that he thought most suitable for complainant's case. When Truegold was brought into the cabin ' witness gave orders that he should have; anything in the ship that he fancied to eat. , On one occasion witness held the candle to Truegold's face to see if he was asleep, and iccidently dropped some grease on his face. He then told Spearman

and Tilly that he had dropped some candlegrease on comDlainant's face, and it had failed to wake him "up. Witness told Truegold, after he had been in the cabin some time, that he was loafing, and that his salary would be stopped. Complainant then volunteered to goon deck and take his turn. He never left complainant without medicine for three weeks.

Cross-examined : He swore at the men when he was good-humoured. He thought that complainant was about 20 days, but in his pay-sheet he had deducted 50 days' pay. Thomas Cousins, chief mate of the ship Broomhall, deposed that the captain had treated Truegold .with uniform kindness. Truegold had never complained of any candlcgrease being dropped on his face, or alleged that the captain had done so intentionally. The Bench said they did not consider the complainant had sufficient grounds to fear ill-treatment, and dismissed the case.