ALLEGED MALTREATMENT

New Zealand Times, Volume XXXVII, Issue 8364, 26 February 1913, Page 10

ALLEGED MALTREATMENT

ON STAR OF ENGLAND. FIREMAN CHARGES ENGINEER WITH ABSADLX. A story of alleged maltreatment having been visited upon a ship s fireman by an engineer was told in the Magistrate’s Court yesterday, when \\ illiam \ alls, a fireman on the steamer Star ui England, charged the second engineer, Andrew Bucnan, with having assaulted him last Saturday night. Mr P. W. Jackson represented Vans, and Mr T. Young the defendant. ONLY A BLACK EYE.” Complainant’s evidence was to the effect that oh Saturday night, about 11.30 o’clock, there was a disturbance caused in tho firemen’s quarters by a. .seaman who is a Russian I inn. hess went to tho second engineer, and asked him to interfere, but the answer ha got was a blow on the eye. Ho \\ as knocked down, and kicked on the back of the head and on the nose. Iho j engineer had told him to “get away, for ard.” Witness found himself with the second engineer in the harbour, but as he had lost his senses he did not know how he and tho engineer got .there. The next morning defendant ;asked witness how he felt, and witness ; Baid, “ Very bad.” Defendant answered, “ Oh, it is only a black eye, but I didn’t do it.” Witness knew ot no reason why defendant should have -assaulted him. * To Mr Young: He (witness) was not very drunk. The sailor who had caused ,tho row in the fo’c’sle had accused the .firemen of stealing £6, and for this he received a black eye. However, witness had nothing to do with this. The Russian had not left the fo’c’sle pursued by witness and other firemen, and I! uchan had not tried to separate witness' from him. Mr Young: Did you try. to commit suicide?—No,‘l don’t know how I got overboard. Do you know that you jumped overboard from tho fo’c’sle and Mr Buchan jumped overboard and saved your life? —Yes, he said so afterwards, but I was knocked senseless. Mr Jackson: Did yon have any fight with the Russian?—No, I never pick a quarrel with anybody. The Russian did not give you a black eye ?—No. Were you drunk?—No, I only had three drinks ashore, and they were shandies. I had six bottles to bring aboard, and two of these were consumed by nine firemen. Your bottles were left for Sunday morning. “OH, IT’S NOTHING.” Arthur Griffin, a fireman of the ship, gave similar evidence as to the assault. This witness stated that ho went to complainant’s assistance and Buchan ordered him to got away or he would be treated in tne same way as Valis. The attention of the fourth engineer was directed to the treatment being meted out to Valis by defendant, but lie replied, “ Oh, it’s nothing, it’s only a bit of fun.” “ On looking over the side,” said the witness, “ I saw Valis in the water. The next thing I heard a voice call out, ‘ The second engineer has got to go over for him.' I saw the second engineer stand on the side of the ship, and then he went over.” Did anybody-strike the Russian?—l am sure nobody struck that sailor in the firemen’s department. Did you see the ; sailor strike anybody else?—Yes. What with?—A bottle of whisky. Witness stated that Valis and others had gone to ask the second engineer to have the Russian removed to another part of the ship. Were any of the men tight?—Well, two or three, had had liquor. Were any of them drunk?—No, sir. Do you know that the police were sent for?—Yes, they came aboard to look for the £5. You were all annoyed with the Russian for accusing you ?—Well, to a certain extent wo were, sir. Did anybody strike you in the officers’ quarters ?—Yes, the second engineer, sir, when I went to Valis’s assistance. The men in the fo’c’sle would not fight together?—'No, sir. They always stick together against any 'strangers?—No, they stick together amongst themselves. • When you see a man almost getting killed I think it is anybody’s place to go to his assistance. Everybody in the fo’c’sle was against the Russian sailor ?—No, sir. Joseph Allen swore that he saw the second engineer take Valis into the starboard alleyway and kick him. Mr Jackson: Before Valis went to the second engineer’s room had he tho marks on his face he has now?—No, he never nan a marc. How am the trouble in the foc’s’le start? —Tho Russian came aboard and called a man an English . How did the Russian get the black eye?—lt occurred in the trouble. 1 don’t know who did it. “SMASHING EVERYBODY.” This assault was given without any provocation?—Yes, Mr Buchan had a spite on somebody and he wanted to get it on to Valis. When the man is in drink he is not fit to be over anybody. He talked about smashing everybody going Home. It takes a good deal to keep you men in order? —Ask tho men. His Worship: Answer the question. Witness (to Mr Young): No, sir. There arc only two men on tho ship who lost an hour, and they were paid for that. Mr Jackson: This second engineer has threatened you all? —Yes, he has said, “Wait till you all get to sea.” He is a bully ? —He has said he yvould make us suffer for it. Mr Young: You heard somebody say that the second engineer must go overboard?—Yes, someone said, “The second engineer has put him overboard, let him go after him.” Similar evidence was given by William Gibbs. Mr Young: When you saw this man assaulted why didn’t you go to his assistance? The second engineer threatened ns. He said that if anybody annoyed him he would treat them all the same. He is not a fit man to go to sea with. You want to see him locked up so that he won’t go to sea with you?— No, sir; but we want to see it ■■ stopped. Frank Norman, William Henry Thurlow (who said he was struck on tho head with the bottle by the Russian), and Henry Ferry, firemen, all gave evidence supporting complainant’s case. Mr Young contended that the men had given contradictory evidence. They were very anxious to get something against the second engineer, so they had concocted the assault story. Valis's injuries had been received in the row in the fo’c’s’le. Frank Focus, teaman on the Star ot England, said he lost some money and charged some ot the men with stealing it. Some trouble arose, and ho hit several firemen with a bucket. Someone struck him and he went off to the

.officers’ quarters to complain, and was .followed by other firemen. LOST NO SLEEP. . Buchan denied having struck anybody. The Russian had gone to complain to the chief officer of what the firemen were doing to him, and ho was being chased by a number of them. Valis had blood on his face then ana his head was cut. Mr Jackson: You are known as the bully on the ship, aren’t you ?—1 don’t know that. Defendant stated that when the ship was at Sydney he had given the men leave to go ashore. According to yourself you are a jolly good fellow, and they are men who do. their work? —Some of them. As a whole?—i'ou don’t class lire-, men as a whole—you speak of them! individually. You were put out early in the evening, weren’t you?—No. that is rubbish. Why did you go to this man on Sunday morning to see how he was?— That’s, my duty, 1 have to look alter the firemen. You were really anxious about him? —Not a bit. I didn’t lose any sleep over it. To Mr Young: 1 heard that Vans had jumped overboard to commit suicide, and I jumped in after him. J oha Ferris, chief officer, stated that tho Russian sailor came to him with a complaint. Several firemen were chasing the man, whom they tried to get hold of. Witness told the men, who were making a row, to go for’ard, as they were making a considerable noise. Defendant ordered them away, and as they would not go he pushed them out of the alleyway, using no more force than was necessary. Vans was bleeding about the head, and all of-the men were drunk. Complainant must have received his injuries iu tne 'fo’c’s’le. Mr Jackson: Will you swear that-it was not the man who had the bottle broken over his head wnp was bfheding?—l don’t know who had a bottlebroken over his head. Albert Victor Wood, carpenter of the, ship, stated that he heard a number; of men arguing with the chief officer,, who was urging them to be quiet, and: not keep men awake all night. Mr Young: Any language?—lt was pretty hard. To Mr Jackson: He thought it hara-i ly possible that complainant was kick-' «d, and he did not see it. i What about the falling into the bar-' hour? —1 didn’t see it. You won’t swear that Buchan did not strike this man?—No, I won’t. F. Catt, chief steward, said he heard. IValia say, “I’ll jump overboard." He; !then went over the side. Mr Jackson: Perhaps he thought that was better than the treatment, he was getting. Mr Young: My friend has no right' ‘to say that. “ ' Mr Jackson: I was only making a' 'suggestion. After Constable Angland had given evidence, his Worship characterised the evidence in the case as extremely contradictory. There were some peculiar features about the case, however. One thing was that although nearly all tue -•witnesses for the prosecution swore 'positively as to the assault, tney could not swear or make any statement as to how Valis got into the water. An inference might be drawn that tho engineer threw him into the water. Mr Jackson: We didn’t suggest that. Continuing, Mr Riddell said that 'there were many discrepancies in the 'evidence, but although the case was (extremely suspicious it was impossible (to say whether -Valis received the wliolo or part of his injuries in the fo’c’s’le’ or in the alleyway. He was not satisfied that Buchan had inflicted tho injuries, and on the evidence, which was. too unsatisfactory, the information 'must be dismissed. No costs were allowed.