DISOBEYING ORDERS.

New Zealand Herald, Volume XLVIII, Issue 14579, 16 January 1911, Page 6

DISOBEYING ORDERS.

FOUR SEAMEN IN TROUBLE.

TWO MONTHS' IMPRISONMENT.

[nr TELEGRAPH. —I'KESS ASSOCIATION.] Wellington, Sunday. '"This is the most serious of a number of serious offences committed by seamen that have come before the Court for a very long time," said ■ Mr. Myers to Dr. MoArthur, S.M., in the Magistrate's Court yesterday morning. There were four men before the Court : Thos. Ridout, Manuel Enandes, Arthur King, and Tempest Steen. They were seamen on the s.s. Kaipara, and they were charged with continued wilful disobedience to the lawful commands of the chief officer on the run down from Auckland to Wellington. Mr. Dix pleaded guilty on their behalf. Mr. Myers informed His Worship that while the chip was at Auckland these four men left the ship for some purpose of their own, were arrested, brought before the Court, and sentenced to three days' imprisonment with the provision that they were to be placed on board the ship if it sailed before the expiration of the three days. The ship did sail, and they were placed on board when the ship was leaving. They (being deck hands) were ordered with other men to haul up the anchor. They refused, however, and the ship got away without their assistance. The accused were then told to go about their ordinary duties, and each and every man of thorn refused. Among the various duties that they refused to fulfil wasthat of going on the lookout, and the consequence had been that since the Kaipara left Auckland until she arrived at Wellington heads, it was impossible for the captain to have a lookout kept on the ship. What, asked Mr. Myers, would have been the position of the captain and his officers if anything had happened to that ship while coming down from. Auckland? Yesterday morning the vessel ran into a fog, and the captain had to put on as lookout a young fellow who did the best he conld, but who was not the ordinary competent person to be put on such duty. "The action of these men," said Mr. Myers, .''has endangered seriously the position of the captain and his officers. It has done' more than that. It has endangered the safety of the ship and every person on board. Not only that, but it has endangered the safety of other shipping, which the vessel might "have met in the course of her voyage." He had been instructed to submit that the case was one in which the accused should be given the utmost penalty that the law allowed. "They have not done a stroke of work from Auckland to Wellington," he remarked in conclusion. Mr. Dix, on behalf of the accused, admitted that the offence was a serious one. It seemed that these men had been made a catspaw of by the usual " sea lawyer," who told them that if they served the three davs for the offence which they were charged "with. at Auckland, 'they could not be convicted again. Dr. McArthur: They must possess a very low grade of intelligence to believe that. ;<; .. r --■■..■;,.'"."■:■■:■''..'. .Mr. Dix said they desired him to express their intense regret for what they had- done. They were quite willing to atone for the past by faithfully serving the company in the future if they were sent on board the ship. They realised the gravity of their conduct and what the consequences might have been, not only to the company, but to the 50 other members of - the "crew. As. to the lookout there were 12 or 14"" other men who/ could have been detailed for that duty. ' ' ' Sir. Myers : If Your Worship is prepared to take the responsibility of saying that these men shall receive less, than a month and be out on board, well it is a matter for the Court, but the captain is seriously afraid that the risk is too great and that these men have shown no penitence of any kind. "This offence is , altogether too serious to be atoned for by promises of - good conduct," remarked His Worship. ' Even if one was absolutely certain of the good intentions, I don't think he would be safe in letting these men go back to the ship. There are the other members of the crew to be considered. "I don't know whether you understood what you were doing or not," His Worship remarked, addressing the men. \ , "If you understood it you ought to be; punished most, severely, "as severely as the law can punish you. " If you did not understand it then for your own sake and the sake of those associated with you, your punishment should be such as to serve as a warning to others. There is not a thing in tout favour. The fact that you risked your own lives is no palliation of the offence." . _ . After consideration His Worship sentenced each of the accused to two months' i imprisonment, and ordered them to pay lis 3d by way of costs. .