CHARGE OF ASSAULT

New Zealand Times, Volume XLIV, Issue 10211, 22 February 1919, Page 7

CHARGE OF ASSAULT

A BLACK EYE THAT COULD NOT : -;.-.. .BE SEEN. ;■:■,■.;-;.' ■" A private action was heard yesterday morning, before Mr F. V. Fraeer, SM., ''"in' which a seaman named Leonard Rudiger " was proceeded against Captain Heath, of .the .American Teßsel '7t[6H.wandaJ on . a charge of having"'assaulted .Robert Fraser, the ship's cook, and' with being disorderly while drunk. ~ The accused pleaded not guilty. The facts as laid before the .court were that Rudiger went aboard the vessel iko JKOJSfi'fojJiqnor on the evening of February 19th t and had some ! words with the chief officer. The captain ordered tho defendant to go to his quarters, and received the ■ reply that ho would go if witness was able to put him there.' * ". ,'J '... ....... . Captain "Heath gave evidence as to the defendant's" condition when he came on tho, ship;, and. what took place between "witness, the accused, aria the mate. Tho stated that Rudiger struck.him over an eye, after demanding; his tea. The accused, who was very demonstrative with his hands and arms, eaid, "If I hit him there ought to he a, mark or scar of some kind, but I caonuot see any thine." The witness replied that unless a man was blind he ought to be able to see that there was a mark on his face. Apparently.- the witness was reforring to a black,-eye, .but the magistrate had to confess ho was unable to see it. The evidencey-4ie— added,- was not sufficient on which to rocord a conviction, and the information ■ would be dismissed. In regard to tho second charge, Mr Frazer said that- he had been unable to discover anything in the Shipping and Seamen Act* 1 that • would meet a charge of insobriety and disorderly behaviour against tho member of the crew of a ship. There was a section that related to passengers, and as fai as ho could .see, while, a.seaman could bo arrested under tho Police Offences Act for disorderly oondurt in. a public place, such was not the case under the Shipping and Seamen Act. On tho magistrate's suggestion tho information was amonded to' one of disobeying tho lawful commands of tho captain of the ship, and on that charge ho was convicted, and fined £l, with 7s costs.