ISSUE OF MARINE CERTIFICATES.

New Zealand Herald, Volume XXXVI, Issue 10969, 25 January 1899, Page 5

ISSUE OF MARINE CERTIFICATES.

CHARGE AGAINST CAPTAIN ALLMAN

SERIOUS ALLEGATIONS.

ACCUSED COMMITTED FOR TRIAL [HI telegraph.—press* ASSOCIATION.] Wellington, Tuesday. In the Stipendiary Magistrate's Court to-day Captain Allman, nautical adviser to the Government, and chief examiner of masters and

mates, was charged with a breach of the 32nd section of the Shipping and Seamen's Act, 1877, which provides for socurity in granting certificates to mariners. The offence is an hndictablo misdemeanour, and accused is charged with assisting one James Jones to wrongfully secure the certificate of master of a ship. It appears that Jones presented himself for examination on July 19, 1897, Captain Allman and Captain Edwin being the examiners. After the sight and colour tests were concluded, Jones was provided with the usual set questions in arithmetic, charts, etc. Mr. Gully, who appeared for the Department, said it wa3 clear from Captain Allman'B own statement to the Department after the ques- ( lion was brought up in Parliament that accused accepted as set questions certain questions and answers which Jones brought with him, and which it would be proved were in the handwriting of Captain Von Shoen, at whose school Jones was preparing for the examination. Captain Edwin, he alleged, was present when the papers were brought by Jones, and advised Captain Allman to destroy them, and the latter proceeded to do so, when Jones exclaimed: "For God's sake, don't do so; I give you my word I prepared thorn myself. I shall lose my billet, and my wife and family mil suffer." Captain Allman admitted to the Department that in a weak moment he gave way. Captain Edwin was absent from the room, and a portion of the already prepared papers was acoepted as genuine. Questions written by Shoen were copied by Captain Allman, and the papers must have been taken away, as the answers were in Shoen's handwriting. Shoen's originals wore detained by Captain Allman, (uid when requested by tho Department for an explanation as to the conduct of the examination, these were attached to his statement. Captain Allman admitted that Captain Edwin had no knowledge that the prepared paners had not been destroyed. Mr. Glasgow, Secretary of Marino, and Captain Edwin, were examined for tho prosecution. Tho former's examination was mi .ely formal. Captain Edwin, who was one of the examiners, said that Captain Jones brought an envelope into the room and gave it to Captain Allman. Up till then no part of the examination had been held. Witness asked Captain Allman what tho envelope contained. Ho opened it, and said it seemed to contain examination papers. Witness then told his colleague to (ear thorn up, and he did so, and the pieces fell on the floor. Then the examination proceeded as far as vision test, and the colour test was also gone through satisfactorily. As everything was in order, witness then went into the room adjoining, to attend to his weather observation duties, and he saw no moro of the examination itself. Witness saw Captain Allman aftor the examination was finished, and tho latter said the examination was concluded. Witness thought Captain Allman also said Jones had passed, and as the papers wero made out, he asked witness to sign them. Witness wont into the examination-room ami looked over tho papers to see that the forms wero proper, and as roquired by tho regulations. So far as witness could recollect the questions were all in Captain Altaian's handwriting. Witness then signed the certificate on the application form. The questions wore always written in the room; some of them before the candidates arrived, so as to prevent dolay. Captain Jones was called, but as a charge is pending against him, arising out of the same question, lie deolinod to answer questions.

This closed the case for tlio prosecution. For the defence, Sir Robort Stout said there were two objections to it being held that, there was a case to answer. First, as to the procedure, and secondly as to the merits. Dealing first with the question on its merits, Sir Robert Stout contended that there was no false representation. What was tho misrepresentation relied on? Ho presumed it was in tho written certificate signed by Captains Edwin and Allman. There- \rns nothing else. The examiners passed Jones. It was not for tho Benoh to say whether t-lio man was properly passed or lint. There was no offence in the Act to pass a man wrongly. If Jonos was passod Wrongly, the certificate given was that he was passed by the examiners. Therefore, no false represontntion had been proved. Captain Allman might have done wrong in accepting the work (lone outside the oxami-nation-room by Jones. Sir Robert Stout also contended that the case should havo been gone on with under summary procedure before a magistrate. For the Crown, Mr. Gully said there was proof that tho examination was a sham, at any rate it was for tho jury to say wholher it wan or not. Ho submitted that the examination was really a fraud. The viva voce examination was only as to sight and colour, and that was an element for tho jury to consider. The Magistrate decided to commit accused for trial. Bail was allowed, himself in £50, and two sureties of £25 each. Tho case against Captain Von Schoen, charged with assisting in making false representations in connection with the certificate, was only partly heard, and adjourned till to-morrow.