SUPREME COURT.

Star (Christchurch), Issue 5988, 25 July 1887, Page 3

SUPREME COURT.

Admiralty Jurisdiction. THIS DAY. (Before His Honor Mr Justice Johnston.) LUSHER V. THE BARQUE CONFERENCE. Mr M'Connel appeared for the plaintiff ; Mr Fisher appeared for the defendant. This was a case in which Captain Edwin James Lusher, the late master of the barque Conference, sued the Hon J. T. Peftcock, as representing the mortgagee of the Conference, for ;8164 183 2d, for wages and disbursements, as also for .£2l costs. It appeared to be merely a question of disputed accounts. Mr Fisher admitted that .£93 Is 6d was due, but disputed the remainder of tho account. His Honor suggested that the case was one for reference of accounts. Mr M'Connel would not object, provided that where vouchers could not be produced, the oath or affidavit of Captain Lusher should be taken as proof of items. After the register of the Conference had been put in, showing that plaintiff had been appointed master on January 27, 1882, and continued to act until April 17, 1886, Mr M'Connel called Edwin James Lusher : Sued the Conference for £IG4> ISs 2d. This amount included £21 costs, and a charge for J2IG a month instead of .£l2, as charged in an account previously rendered. The book produced contained entries of all items from January 1883, to April, 1886, and had frequently been overhauled by Mr Dransfield, the owner, who made no objection. Dransfield always sailed with witness, and acted as supercargo. A number of items were for money witness paid on the ship's account out of his own pocket, over the amount he received from Dranefield. Had Bettled up from January, 1832, to August, 1883. On August G, 1883, there was a balance of £2 7s 3d. Witness continued on the Conference till April 17, 188 G. On April 16, Dransfield asked witness to leave the Conference and take the Gold to San Francisco. Tho Gold was a large American fore and aft three-masted schooner. Dransfield said he would meet witness in Sydney acd settle accounts then. Witness showed that the balance due was .£lO7 Is sd. Dransneld did not dispute its accuracy. Witness took the Gold to Pnget's Sound, then to Noumea, and to the Clarence river, then to Melbourne. Had not received JBI4 on account of tho Conference. The Pilotage at Melbourne for the Gold would have been .£lO each way, but witness got an exemption certificate. This, with tho expenses, cost .£l4, which he paid out of his own pocket. This amount Dransneld paid by the .£l4 mentioned in a letter to Mr Peacock. Witness, on leaving the Conference, told Dransfield that if he had to wait for his money he would charge JCIG a month instead of .£l2. Had, when at Clarence river, told Dransfield he would charge J6lO. Dransfield said he would see about it. The current rate of masters cf such vessels would be from JEIS to .£lB a month. "When witness joined the Gold he took hia book of accounts and the vouchers. The Gold foundered. Some of thej vouchers were in witness* cheat, which was* put into the boat. Some of the vouchers went down in the Gold. Captains had certain perquisites in the shape of discounts, &c, but witness did not take these. In Melbourne witness heard that the Conference had been seized by the ! niortagee. She was now in Lyttelton. Cross-examined: — Was engaged for the Conference at Newcastle. Had no agreement in writing. Up to August, 1883, his wages were .£l2 a month. Witness' »vife did not go to San Francisco with him. At Eureka witness was written off the articles of the Conference before the Consul. Was not discharged. Dransfield did not agree to give witness .£l6 a month. Mr M'Connel abandoned the claim for a month, till April, ISS4. This was the case for the plaintiff. Mr Fisher called — John Pratt: Was mate of the Conference when Captain Lusher left her at Eureka. Dransfield did not leave then, but left at San Francisco. Witness telegraphed for Dransfield to come to Eureka, as plaintiff was drinking heavily, and had been lying five days on the cabin table. Witness wanted to leave the ship. Dransfield asked witness to take charge of the ship. Witness' name was put on the register before the Consul. Tlie Gold was not bought then. \ Cross-examined : Captain Lusher gave witness a certificate wishing him success as master of the Conference. Mr M'Connel submitted that Mr Peacock waa mortgagee ; and re-called the plaintiff, who contradicted the evidence of the last witness. Cross-examined : The doctor was treatingwitness. Dransfield broughfcup the Gold. Witness was lying on the table for a few hours/ not from the effects of the whiskey. The doctor treated him with morphine. Witness went straight from tho Conference to take charge of the Gold. His Honor could not believe that Dranßfiold would have put plaintiff in charge of the Gold if he had been in the condition described by the witnesa Pratt. He would give judgment for plaintiff for Is sd, with costs.