Bergs, Millar, Johannsen and Thesenvitz v. White. Judgment for Defendant.

Wanganui Herald, Volume XXXXIII, Issue 12584, 3 October 1908, Page 3

Bergs, Millar, Johannsen and Thesenvitz v. White. Judgment for Defendant.

These cases were set down to be tried by the judge alone, and it was considered that the verdict in McLoughlin v. White would assist the determination of the cases. "\ No verdict being given, his Honor was asked to decide them on the evidence given in the trial of the above action. His Honor in his judgment said: "On law points the decision in the firs,( case covers all the others. In the McLoujshlin case i was unable to consider the evidence given on the part of the defendant, except as it might assist plaintiff, but in these four cases I am not only entitled, but bound to consider it. ,- from the evidence I find it quite cli Syr; that -the Captain never heard of a complaint of discontent over the provisions on the voyage ; that on one occasion when a complaint or request was made to him he jgjave the men more butter ; tha,t the co.ak did. everything he could be expected to, do to,, make the men comfortable, and that -so far from there being any real ground .of complaint the ship was provisioned as- it had been for years, and .that the Captain, his wife, the jnate and the cook used the same provisions as wore served to the men, the meat being cut off the same joint. The evidence shows overwhelmingly that there was no genuine ground of complaint about the provisions, cither as to quantity or quality. Further, I find that the Captain had not the least idea that there was discontent among the men. His conduct when he went to the Magistrate clears him of all suspicion of malice, ill-feeling, or indirect motive. He told that gentleman that he never had a better nor a more willing crew. What caused the men to act as they did is not apparent. I can only suppose, as is often the case, they .twere incited by some ringleader who wished to leave the ship to obtain employment more attractive and more remunerative than that which they had under their contract of service. The efforts to break the bonds of the articles were numerous and persistent. > Informations were laid against the Captain for providing insufficient and imivoper provisions, which were dismissed by the Magistrate, and an information for perjury was laid against the cook, with a similar result. Then there were these actions. On the facts and the law I am quite of the conclusion that the plaintiff's must fall."

Judgment for defendant, in each case, with costs on the lowest scale, and witnesses expenses and disbursements. Mr. Cohen appeared for defendant and Mr. HutcUvgpn foj plaintiffs. ,„