IMPORTANT CASE UNDER MARINE ACT.

New Zealand Times, Volume XXXIX, Issue 6690, 26 September 1882, Page 2

IMPORTANT CASE UNDER MARINE ACT.

(united press association ) Auckland, September 25. An important case came on for bearing at the Police Coart concerning the interests of shipowners and rights of seamen, Henry Archibald was charged with a breach of the Shipping and Seamen’s Act by wilfully disobeying lawful commands on board the ship Ada C. Owen, on the 21st. instant. Mr C toper appeared for the prosecution, and Mr T. Cooper for the defence. The case was beard before Mr McDonald, R.M., and H. M. Jervis, Justice of the Peace. Connse!, in opening the case, said he won’d call the captain to state particulars. The’ men bad refused to work in an hour of peril, except on the promise of extra pay. The surrounding circumstances showed that the real object of the men in refusing to work was the extorting of money. Mr E. Cooper said the defence was that the men had been working in the Bailer river, in getting up a kedge, for twentysix hours. Their clothes were wet, and exhausted nature could not farther go. His Worship said that, according to the evidence, the act of disobeying was clear, and the work was necessary for the safety of the ship. Mr T. Cooper said it was a work of necessity, and the captain was compelled to get the ship from shore. Captain Rogers, master of the ship, deposed that on August 19 his ship went ashore at the Bailer river, on west coast of the Middle Island. She was laden with dial. The men (Archibald beisg speaker) demanded more pay or they wonid not work. He then signalled for help from shore. He afterwards signed an agreement, and the men went to wart. They underwent no physical hardships. When he signed the promise they turnrd to at once. Edward Carle, mate of the vessel, corroborated this statement. He gave orders to the

men to work, but they said they would not work unless they got the same wages as the men on shore. The commander agreed to give it, and they went to work. They had been •working a considerable time in the water. The Court said come evidence might be given •on the men’s behalf. Sidel, Samuels, and Kogers, said they had a heavy time o£_ it ifrom Saturday morning until the following ‘Sunday, They stuck on tha_ beach, and they ■were working continuously, with the exception •of two hour’s rest, but no sleep. The •captain and the mate took their sleep, ••and the men had some hours in the water, but could not s'eep. The 'forecastle was flooded. The Court considered that the ship and valuable property were at •stake, and the men who had their interval of rest took advantage of the situation, and forced Captain Kogers to an agreement for £3 an hour in a time of peril. The Court therefore found the defendants guilty, and sentenced them to seven days’ imprisonment. ,Jt Ja the Intention of the owners to prosecute the rest of the ere w.