DISTURBANCE ON SHIP.

New Zealand Herald, Volume LXIII, Issue 19470, 28 October 1926, Page 12

DISTURBANCE ON SHIP.

OBJECTION TO SUNDAY WORK ASSAULT PROSECUTION FAILS, j A disturbance on the American steamer j West Nivaria on Monday morning had a sequel in the Police Court yesterday when a fireman, William Kellner, prosecuted the second engineer, E. Heckl, for assault, alleging that defendant struck him in the faco with his clenched fist. Messrs. R. j Marsack and W- H. Feldon, J.P.'s, were ou the Bench. Kellner said that at eight o'clock on Monday morning ho went down to the engine "room to commence duty. Heckl asked him why he had not turned to on the Sunday and witness told him Sunday was a holiday. He alleged the second engineer then abused him and struck him several times. Later defendant hit him again and witness throw a box at him. By that time halt" the crew was present. Witness was severely bruised about the shoulder. In reply to Mr. Moody, Kellner said ho took a holiday on the Sunday because he understood it" to bo a legal holiday. Mr. Moody: Who told you that ?—lt is so in the States. You were told to go on duty?—l did not want to work. The fact is that nothing would have made you work that Sunday ?—Yes, that is true. Do you wapfc to run the ship ? Is not the second engineer in charge of you ? Sure, he is. Questioned further, Kellner denied that he threw the box before the second engineer struck him. He admitted having used an obscene expression to defendant. He later complained to the captain, who told him to get off the bridge if ho was not looking for more. Henry Jensen, omployed on the vessel as a wiper, said he saw Heckl strike Kellner. He also heard bad language being used. The Bench dismissed "the prosecution without, hearing the defence. Kellner asked purmission to make a statement, but Mr. Marsack said they did not want to hear anything more from him.