AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLVI, Issue 14240, 10 December 1909, Page 7

AUCKLAND SUPREME COURT.

"ARREST" OF A BARQUE.

FIRST OFFICER'S CLAIM.

Life on board the Italian barque Caracciolo, which vessel's vicissitudes included arrival at Auckland in distress in July and being placed under arrest recent was reviewed in the Supreme Court before His Honor Mr. Justice Edwards yesterday, when Arthur Colin Benfield, who was formerly first officer of the vessel, sued the owners for £75 5s 3d. Plaintiff claimed that he was engaged for the voyage to Antwerp, and that lie was wrongfully dismissed at Auckland on September 24. He claimed wages from March 17 to September 24, at the rate of £12 a month, £75; wages for three months as compensation for wrongful dismissal, £36, total £111, less £35 14s 9<l advanced. Mr. M. G. McGregor appeared for plaintiff, and Mr. Frcndergast for defendants.

Mr. McGregor said that plaintiff, who held a Board of Trade certificate as chief officer, was engaged in Sydney on- March 17 as chief officer of the barque, and joined her at Auckland on March 22. She sailed on March 28 for New Caledonia in ballast. In New Caledonia plaintiff took exception to heavy cargo being put in the hold, instead of on a platform, and told the master he would prefer to be relieved, because he thought the ship would never reach home. The master, however, could not find another man, and plaintiff proceeded with the ship when she sailed for Antwerp. As plaintiff anticipated, the barque could not proceed, and put into Auckland on July 19. On September 12 a representative of the owners arrived, and shortly afterwards plaintiff was told that he would have to go, as lie was getting too much wages. Plaintiff replied that he had signed on for the voyage to Antwerp, but on September 24 he received a letter dismissing him, on the grounds of incompetency, neglect of duty, and misconduct. He. then initiated proceedings, and the barque was placed under arrest, but on a sum to cover the amount claimed and costs being deposited with the registrar she was released. It was significant that no complaint of incompetence had been made until plaintiff was dismissed, and counsel suggested that this was simply a pretext. The allegations of misconduct were denied.

Plaintiff nave evidence on these lines. Harry Hughes, . navigating officer on H.M.C.'S. Iris, gave evidence that plaintiff had served as fourth officer on that ship, and had proved reliable in checking the navigation. Evidence was given by several witnesses as to plaintiff's conduct while the barque was at Auckland. The evidence of the captain and several sailors for the defence had been taken before the registrar. The captain stated that he was dissatisfied with plaintirt s navigation, and at New Caledonia they came to an agreement that his services should be dispensed with if another mate could be found. Another man could not be obtained. The captain found he could place no reliance on plaintiff's log, and kept one of his own. Plaintiff, he alleged, was guilty either of incompetence or gross negligence in keeping the log and working out the ship's eourse. Chas. 0. Hunter, a marine surveyor with 20 years' experience as a master, gave evidence as to mistakes in the log book. In cross-examination he stated that a possible source of error was the captain's way of expressing his course. The evidence for the defence was not concluded when the Court rose. BANCO CASES. The following banco cases, in addition to those already heard, are set down for the present sessions of the Supreme Court: — Waihi Grand Junction Gold Mining Company v. Dudson (Waihi West special quartz claim), appeal from Warden's Court, Waihi ; Waihi * Grand Junction Gold Mining Company v. Dudson (Christmas Box special quartz claim), appeal from Warden's Court, Waihi f Boese v. Florence and another, motion for writ of mandamus; Hunter v. Gardiner, hearing of originating summons; Ferguson (informant) v. Frankovich (defendant), appeal from Magistrate's Court, Auckland (rehearing three cases); Martin v. Home, appeal from Warden's Court, Coromandel (rehearing): Family Protection Act re Eliza Kavanagh (Green v. Kavanagh), hearing of originating summons; Davis v. Carmody, appeal from Magistrate's Court, Whangaroa (rehearing); Hughes v. Self, motion for leave to appeal to Court of Appeal; Hughes v. Hanna, motion for leave to appeal to Court of Appeal ; Companies Act re S. R. Maxwell and Co., Limited, motion to rectify register of members ; O'Donnell v. Florance and another, motion for writ of prohibition; Police v. Wi Taka, appeal from Magistrate's Court, Houhora; Trevor v. Hayes, appeal from Magistrate's Court, Waimate North.

PROBATES. Probates have been granted in the estates of the following deceased persons: —-Mary E. Clarke (Mr. Moody), Peter Lindsay (Mr. Collins). Peter Drewett (Mr. Hughes), Mary Elizabeth Dunn (Mr. Halliwell), Margaretta Ethel Arthur (Mr. Buddie), Wm. John Douglas (Mr. Buddie), Abraham Peter Bronlund (Mr. Bruce), Archibald McLoghry (Mr. Moss), John McCabe (Mr. Fallon). Letters of .administration have been granted in re Chas. Hugh Lushington (Mr. Stvak), Alex. Anderson (Mr. Stitt), Alf. Hosking, with will annexed (Mr. Buttle).