DESERTION CHARGE

New Zealand Herald, Volume LXXV, Issue 23130, 31 August 1938, Page 18

DESERTION CHARGE

TWO MEN IN COURT

"A TECHNICAL OFFENCE"

REMANDED UNTIL TO-MORROW

Two men, Bernard O'Reilly, aged 41, trimmer, and William Walsh, aged 47, fireman, camo before Mr. C. R. Orr Walker, S.M., in the Police Court yesterday on a charge of deserting from the Shaw, Savill and Albion steamer Waimana' at Auckland on Friday. Mr. Bryce Hart appeared for both accused and entered a iormal plea of not guilty so that evidence might bo heard. A representative of tlie shipping company said accused were two of five men missing from the Waimana when she was due to sail for England on Friday morning. As a result tho ship was delayed in the stream until now hands could be signed on. The Waimana was now en route to London and there were no positions available for accused in any of tho company s ships. Stating that both accused had called at tho Queen's Wharf polico station on Monday and given themselves up, Constable Anderson said they had told him they had met with injuries and were being treated at the Auckland Hospital. On account of their injuries, they claimed, they were unable to work in the ship, but said tho captain had offered to take them to England as distressed British seamen. 'J hey had rejected this offer, fearing they might be imprisoned on arrival in England. Mr. llart said O'Reilly was injured when the Waimana was off Wanganui and, as there was no doctor on board at tho time, he had to bo treated at the Auckland Hospital. Both men were discharged as out-patients on August 24, and the ship sailed two days later. They had reported at the shipping office, but were told that warrants wero out for their arrest and that nothing further could be done. Their desertion, counsel submitted, was merely technical.

'•They say," Mr. Hart said, "that when ii was suggested they should go Home as distressed British seamen, other members of the crew complained that they would have to work longer shifts as a result. 'lhero was talk of the crew walking ashore if they wore taken and. preferring to avoid trouble, accused did not sail. Both men are married and anxious to return to England. They are now destitute and have been cared for by tho Rev. H. K. Yickery and the Rev. Jasper Calder." The -representative of the shipping company said Walsh was injured on shore. There was a doctor in tho Waimana who could have treated them. Accused were remanded until tomorrow so that inquiries might bo made with a view to having them sent to England in another ship.