CHARGE OF ASSAULT.

New Zealand Herald, Volume LXIV, Issue 19612, 14 April 1927, Page 17

CHARGE OF ASSAULT.

SEAMAN AND CAPTAIN. MAGISTRATE DISMISSES CASE. A charge of assault brought by-Samuel Alphonsus Ingram, a West African seaman on the steamer City of Khios, against Richard Edwin Oliver, captain of the vessel, was dismissed in the Magistrate's Court yesterday by Mr. E. C. Cutten, S.M., on the ground that force was necessary under the circumstances. Evidence was given by Ingram that he and a number of companions complained about the quality of their food after the vessel left Panama. On arrival at Auckland witness and his companions asked for wages due to them, but were told they would get them "later on." On Tuesday evening witness went to the chief officer for his wages, but the_ captain pushed in the door and told witness to get outside. Witness and his companions then sat on No. 3 hatch. The next thing he knew he was struck on the head with a "black jack." The captain struck him several times and threatened to shoot some of the men. Defendant, in evidence, said he had had trouble with several members of the crew, Ingram being the leader. They refused duty on Monday and witness did not pay them their wages. Ingram used disgusting language, and when ordered to return to his quarters refused to go. Witness therefore had to use force to move him. After the evidence ot officers, of whom said plaintiff was acting "like a madman," had been heard, the magistrate said there was really no dispute as to the main facts. It was admitted that the captain struck Ingram, but, the circumstances showed that force was necessary, as complainant had behaved in a manner which allowed no other courso to be taken.