MARINE CERTIFICATES.

New Zealand Times, Volume LXIX, Issue 3647, 25 January 1899, Page 6

MARINE CERTIFICATES.

CHARGES AGAINST CAPTAINS ALL.MAN, VON SCHOEN AND JONES. PROCEEDINGS "nT MAGISTRATE’S COURT. • ; y •-' 8 ’ \ Tho charges against Captains Allman, G. Von Scbocn and Jones, of being concerned in making a false declaration, for’the purpose, of obtaining a certificate of coiiipetonoy for Captain Jones, wore investigated before Mr H. Eyre Kenny, S.M., in the Magistrate's Court yesterday. -Mr Gully appeared to prosecute for the Marine Department, Sir R. Stout appeared for Captain Allman. Mr Skerrett for Captain Von Sohoen and M r Gray for Captain Jones. - .

George Allman was charged that on the 19th July he did make a false representa- • tion for the -purpose of obtaining for , a certain person, to. wit one James Jones, a certificate of competency under the pro- - visions of the Shipping and Seamen’s Act, 1877, by representing and certifying that the said James Jones had passed an examination in colour test, navigation and-sea-manship. y'. • . ,'i -.-" I ■ A similar charge was preferred against George Von Scbocn, and James Jones was charged with assisting in making the false representation for the purpose of obtaining for himself a corticate of competency. The first case taken was that against Captain Allman, who pleaded not guilty. Mr Gully said the information was laid under section 32 of the Shipping and Sear men's Act of 1877; which made it an indictable offence to make a false representation of this description. .The charge was of an unusual character, in fact, he thought no such case had yet come before the Court in New Zealand. The certificate applied for by Captain Jones was a home-trade certificate, and the . examination was held on 19th. July, 1837. Tho first step was an application put in by the person desiring the certificate, which wan put in and handed to'the examiners. An examination was held in . due course, in a room set apart for the purpose. Captain Jones being the only person examined. The regulations aimed at such an .examination as would show the degree of knowledge of the applicant, and to prevent any improper practice on the.part of the applicant. The subjects comprised navigation and seamanship, and the examination was to be held •with all strictness. Captain Jones presented himself for examination, there being present Captain Edwin and Captain Allman, and the examination ; consisted, first, of sight and colour test, and afterwards a written examination was held. The sight and colour test was held by Captain Edwin and Captain Allman, and then on arithmetic paper was produced. Captain' Jones brought-out a paper of questions and answers, which it was supposed would be of use to him. Captain Edwin said those papers ought to bo destroyed, and then left the room. Captain Allman destroyed some of-them, and was then persuaded by Captain Jones to accept the ready-made papers as; being the genuine answers given at the ■examination. The papers thmselvos almost proved the modus . operand! of the examination. A statement had-been made by Captain Allman,-in : consequence of a request by the Department for an explanation of some remarks made by Mr .1. Hutcheson, M.H.R. ■ What Captain Allman said was that to enable Jones to get a. coastal certificate lie suggested he should go up for examination. Captain Jones told him he was studying at Captain Von Schocp's school.- He (Captain Allman) made out the necessary papers, and Captain Jones was handed Ills examination papers after the colour test. Captain Jones gave him an envelope containing papers, and said be di>’ them himself. - Ho asked Captain Allman not to destroy them, saying he had done them himself. He. (Captain Allman)' destroyed two. which'-he supplementerl by others. As far as he knew. Captain Edwin had no idea of what took place; having left the room and remaining away for some time. The arithmeticpapers were of a. very remarkable charac-, ter. The anpHcation form was made out bv Corftain Yon Schoen, and declared before the Collector>of Custotas. 'The first paper was'a' test im readipg_pnd writing. The handwriting 'did not coincide with Jones’ signature, and it was suggested that the papers were filled in, in Captain Von Schocn's house, and his hand guided by Captain Von Schoen. Two arithmetic papers wore, somehow or other, worked out in the room, in nlace of the two dej stroyed by Captain Allman. In the comt pass and chart examination, Mr Gully alleged that questions and answers were prepared by Captain Von Scbocn. those questions adopted by Captain Allman. and the answers were treated os gen-cine answers. .Captain Allman sent in tho original papers when requested by the department to make an explanation of the‘circumstances. The examination wasi followed by a certificate sent in by Captain Allman and Captain Edwin to the department.-and he had no doubt that an offence had been committed -under the terms of the section. A fraud bad been perpetrated, and there could hardly be a stronger case of false representation. _ Mr Gray (counsel for Captain Jones) said tho certificate had not actually been used., v

' The first witness called was 5 D. McKellar, Collector of Customs at Wellington. , He stated that he received the application for the home-trade certificate, and tho application form was handed Lack to Captain Jones. W. T. Glasgow, secretary for the Marino Department. produced the “Gazette” notice of the appointment ot •Captains Allman and Edwin as a post which they both held in 18L, when Captain Jones was examined. Ho produced the certificate signed by Captains Allman and Edwin, that Captain Jones had passed in colour test, navigation and seamanship. He also produced the exami-

nation papers sent in by Captain Allman to the department. On the papers being sent in he signed a certificate of competency to James Jones. On one of the examination papers appeared the word “Wellington,” which he believed to be in Captain Allman's handwriting. One of the questions in the arithmetic paper was also in Captain Allman’s writing, as jvere also some of the manuscript words and figures in questions in that and other papers. As to (ho figures working out (he answers he could not say. He produced a statement sent in by Captain Allman to the department, in reply to a letter addressed to him by witness in November, 1858. Attached to it were some exhibits referred to by Captain Allman in explanation. Mr Gully said these were the examination papers in Captain Vou Sehoen’s handwriting, which were retained by Captain Allman.

Witness, continuing, said the papers produced wore, he believe;!, in Captain Von Salmon's handwriting. Some of them corresponded with the questions in the examination papers. To Sir "Robert Stout; As secretary to the department he simplv acted on the report of the examiners. The papers were kept simply as an office record, and in giving his certificate he was not influenced by anything in.the papers. He accepted the certificate that, the candidate had passed, and on that ho issued his certificate.

1 To Mr Gully: A master’s certificate was issued after receipt of the examiners' report and certificate. It would not be issued without those.

Captain Edwin said he recollected Captain Jones being examined in Julv, 1837. He and Captain Allman were both there when Captain .lanes presented himself for examination. He thought he received a verbal notification from Captain Allman that the examination would be held. Cantain Jones brought an envelope into the room and banded it to Captain Allman. None of the examination had been held at that time. Witness asked Captain Allman what, it was. He (Captain Allman) opened it ’and said it seemed to contain examination' pullers. Witness told him to tear’them tip. , Captain-Allman tore them up, and the; pieces fell on the .floor. The examination proceeded as far. as the vision test, then the colour tost was gone through satisfactorily,- and ns everything was in order witness wont into his own • room’ adjoining to- perform his own work; Ho saw nothing more of the-examination. He saw Captain Allman -afterwards, and' he told witnesa .that the examination had ' concluded, 'and ho thought he told him that Jones had passed., Captain Allman said the paners were made out, and asked .-witness if he would sign them. Witness looked over the papers to see tliat the proper number of forms had, been signed; according: to the regulations. As far ns be knew the examination papers were in Captain Allman's handwriting. H,b then signed the certificate on the. application form Questions were always written in the room, and some of them before the candidate arrived, so ns to 'prevent delay. ..To Sir Robert Stout: .Hq knew that Jones had passed some,of the teats. When a master came up for examination ho had ,to pass all that a mate had to pass, in addition to his own examination, even though he had a mate's certificate. He had not to do - the writing examination. All that was required in a home trade examination was that the candidate should be able to find (be latitude. The navigation required was very little. To the Court: .The examination began with the vision test. • Captain ’Jones . was the next witness ■called. ' He held a coastal certificate as captain; he said,-and was at. present em- ■ nloyed as master of the s.s. Duchess. He knew Captain Won Sohoen. Mr Gully: Have you had any tuition from him in marine matters P. .Witness: I refuse to answer that question. ■ ■-.-■ ~ 1./ His 'Worship: For, what reason ? . xou must give some reason. ' Mr Gray Tsaid there was a charge pending against Captain Jones of the same 1 nature. 1 . Witness: I refuse to answer because, it might tend t.n incriminate me. Witness /said further that lie attended the examination, but he- would not say ' what occurred at that time for , tin?, same reason as ho had refused to answer the previous question. , Mr Gully: That is the case for the prosecution.

Sir Robert Stout submitted there was no case tO' ans'vcl’i- There were two objections ho had to make. One was that no false representation had been proved. The only thing that ..-could be relied on for the proseoution. was the certificate signed by Captains Allman and Edwin. The particulars supplied by them on the ■certificate were that the examiner passed the man: and ai} a matter of fact,, the ox.amincx* did pass him. and it was not for the Bench to say whether the man had been properly., passed, or not. It did not matter if ho was wrongly passed; that was not an offence; and no false representation, therefore, had been proved. further, ho .-urged "that -according to the Act, summary proceedings should have been takemin this case, nnd’that the proceedings should have been taken within six months after the alleged offence had been committed. It was an unheard-of thing that if an examiner chose to pass a man who should not be passed, that that should be a false repre pentation. This case did not come under the purview of the statute. The alleged offence was the statement of a, fact, viz., i that Captain Jones was passed by tho examiners, and that could not bo styled a misrepresentation. , :Mr Gully, in reply, said Sir Robert Stout's contention implied the statement that this was an indictable misdemeanour, and at:the same time that it could only be tried summarily. '• But as a mailer, of fact, the offence under the Act was -a 4 misdemeanour; • and they could proceed summarily ‘within six months, or else they . could, proceed with it in the usual way as an indictable offence. It was . suggested that the evidence did not disclose a false representation. In substance,, the charge was that a false statement was made that Jones had passed an examination; and. the proof disclosed that the’examination-was a sham—at any rate, it was for a jury to say whether it was a sham or not. The fact that part of the , examination was viva voce was merely an element for a jury to consider. Supposing an examiner received pay for passing a candidate, and was charged with obtaining money by false pretences under such " circumstances as these, surely that would bn sufficient evidence of false pretence. He urged that the case was one that shouldsbo sent to Axial. ‘ ; ‘ " 1 -;

'Sir . Robert • Stout said the representation made- was that a certain candidate had passed. Was that true or not? It was true, and therefore there was no false representation. There was no provision in the statute for punishing an examiner for passing a candidate whom lip should not have passed. ' * ‘ His Worship said, the principles upon .which a Magistrate/ should act were these: If it was a question of evidence, if there was any evidence to go before a jury, the case should go on to the Supreme Court. If there was any legal principle involved unless it was, pcrfectlv clear that the prosecution must fail, the case must go to the Court above. The section of the Act was undoubtedly ambiguous, but he thought it would be most improper for hiin to withdraw such a matter from, the Supreme Court. As to the, merits of the case, the only false representation was documentary. The Court must consider what was meant by a certificate that a man had passed a« examination. If he certified that he had passed and yet knew (hat he had not passed an examination, it' was open to argument whether that was or was not a false representation. He felt bound to say there was a pnma facie cose to go to the Supreme Court. , Defendant, who reserved his defence,' was then committed to trial, bail being fixed at two sureties of £25 each and a personal bond of .1-50. , CAPTAIN SCHOEN’S CASE. The case against George von Schoeu was next proceeded with. He pleaded not guiltv. . • *■ . D." McKellar. Collector of Customs, repeated the evidence given by him in the previous case. W. T. Glasgow, secretary to the Marine Department, also repeated his evidence. s . . Mr Sfcerrett: Do you not know as a fact that Captain .Tones was not entitled to be examined for a master’s certificate? Will you look at the application ? ’ Witness: The last period of service by, Captain Jones was as master of a tug' boat in partially smooth waters.

Mr Skcrrett went on to rend (he regulations requiring that a person going up for a master’s certificate should have had certain service, remarking that Captain Jones did not possess those qualifications.

and therefore should not have been examined.

Witness said (hat was not considered when he signed the certificate. He hud no desire to pass' Captain Jones through.

To Mr Gully: He inferred when he signed the certificate that the formalities had been complied with. George Allport, chief clerk in Ihe Marino Department, said be bad had conn 'iinications with Captain Yon Schorn in reference to the examination of Captain Jones. The .first time was about 1 He' beginning of 1858, and took place in witness' office at, the Government Buildings. Captain Vou Scbocn said the examinations in Welling-

ton were getting into a bad state, and that the Department, ought to do something to put inaltcrs on a bettor footing. Witness asked in what way ? Von Schoen did not at first appear inclined to make any explanation’, but afterwards said if witness would take the conversation as confidential he would show there were good "rounds for what ho said. He 'witness) said lie would lake it as c.oirfidenlinl. Mr Skcrrett at this point urged that 1 -.o prosecution should not proceed upon (ac violation of a direct pledge of confident e. Mr Gully, however, proceeded with las examination. ■ Witness, in answer to further questions, said that Captain Jones had been to Non Sohoen and had told him lie had-received permission to be examined foy a master B certificate, and ashed him (as tar as he remembered) if ho would assist him to propara the necessary papers. He (\on Schoen) said ho hud’done so,-and ,mu I guided his hand in (ho preparation ot (ho • papers; that. Captain Jones took the papers away, and that: he believed they -• were accepted and used hy .(lio-examiners. instead of Captain Jones being Ve't'lired to do the work in (he examiners' room. Ho understood Von Schoen to say he had prepared papers with questions on one side ► and answers ou, the other. On a subsequent- occasion he had a conversation with-Von Schoen. about the same .matter. Once was after the speech delivered.by Mr John Hutcheson .in the-House. Witness told him ho thought lie ought to bo absolved from confidence, or that ho (Von Schoen) should inform the Depart incut of what he had told him. Ho said he would think over it,- and subsequently ibid witness ho had spoken to Mr Hutcheson about

it- -ro Mr Skcrrctt: A mate ‘diil not require permission to go np lor examination, blit Captain Jones would have to get permission, as he 'did not hold a mule « oer' ideate. It was the duty of the Collector of ; Customs in the first place to ascertain if the candidate had the .necessary service and other qualifications to entitle him , toi bo examined, and afterwards it was the duty of the examiner. A of jservice was required by the Dcpartmterit in ordinary' cases. lie could not B,| y what 'papers were put in in tins case. the Dcpartment gave Jones permission to. to aminod. There was an othcinl letter, written-by authority of- the. Minister in charge of the Department. J. Hutcheson, said on August 2G he auado a speech in the House wnn rpcard to the examination ot musters and . mates. Previous to that Hie had had a conversation with Captain \ on Schoen. It was purely an abstract statement that was made to him; he knew nothing as t o the identity of the: persons concerned. A statement was made, as to a person having filled in examination papers m a private muse, and the impression he got was that the parson was illiterate aria unahlcto ■ perform arithmetical problems or written definitions without the assistance of another person. . ■ Von.,.bchoon said ho guided the hand of the- person., Witness asked him who the man was., lie refused to ’ toll him, but said hq was in 'command of a vessel. To Mr Skerrelt.: It was peculiar Unit the se'rvico qualification should have been qispenned with. His Worship said the regulations seemed to,provide for special consideration being given in some cases by. the Department. ‘Mr Skcrrctt: That is only sea service. ■Mr Gully: Assuming there is .power to dispense with.- .qualifications /under_ special circunißtanceHj- you cannot Kiiy whether It v, rc is -lightly exercised in this cubo or not r

Witness": Only us a mutt,or, ofopinion, i'jraiii, ii.H.11., said Captain \on. Schoen in reply to a question did say sonielliinj? to him with rctcrenco to exaniinalions ior manno •CcrluH:alcß. i-n&l was about Aus'ist lust. Witness had heard about a ease, which he mentioned ip the House, and meeting Von .sclioqn mentioned the mult cr to him. Ho did 7io( reinfcmbor Ibo ■ convcrsnlion. but ln» impression was that he gathered Ins previous information was correct. He believed ho said ;to V,pn /School) he had heard examination papers were allowed outside the examination room, and Von fSchoen corroborated that td-ammont gc.io■rd(!aptnin. 13dwin gave siniilar evidence to that which lie save in the previous case. At 5.. r is p.m. tlie fnrlhor hearinc oi ilio cases was' adjourned until Ihursctay morning at 10 o'clock.