1919-09-23 — Page 3

DISPUTE ON A SHIP. THIRD OFFICER AND CAPTAIN AT `LOGGERHEADS.

DEFENDANT'S CERTIFICATE

SUSPENDED.

At the Marine Court, Festerday. · F. Twomey, third officer of the a.. on, was charged with refusing to entry out his duties on September 4th.

!

The Court was composed of Capt. Basil Taylour, RN. (President), Lieut. Com Kilgour (H.M.S. Tatry, Capt. R. A. Matthews (Eu Sang), Capë, J. S. Thom- Bon (Hni ('king), and Capt. J. M. Me- Ainsh (ung Shing),

Mr. B. J. Lewis prosecuted and Mr. Beavis appeared for the defence

the fuse was in Shanghai.

THE HONGKONG DAILY PRESE, TUKƐDAY, SKPTEMBER 201912.

I suppose you will agree that there is responsibility on the part of the offfeer on duty --Yes, to see that the orders are carried out, but when the master is on the bridge it is not the duty-of-the-officer to Pexercise his discretion without first ro porting to the master. There is a pos sibility of that being necessary in the case of ne emergency, but in `the, present ens. there was no emergency. It was a serious thing from the point of view of the crew

The Captain walked up to the pilot, and witness overheard him asking if witness had contradicted his orders.

Withers could not swear na to the pilot's reply, but the pilot seemed to witness to have maid No. Thinking the Captain might misunderstand bis attitude, wit new went up to him and informed him that he (witnews) had, to see that the pilot's order was carried out.

Mr. Lewis interrupted here and said that point had not been raised before. You agree that there was afterwards His friend had not put those qacations to some conversation between you and the any of the witnesses in the morning. It third officer when the question of respon-was, he said, a very important point, and sibility was discussed 7-Y.

he did not wee why it was not raised Did the defendant tell you that he had earlier.

She was being taken up by European pilot, anch during the passage up the river the defendant was the officer on watch At 10a.m. the quarter master, a man named McNeil, relieved the watch. At about , whilst in the neighbourhood of Other shipping, the pilot gave the quar-wheel. termaster the order: Go purt to helm " and afterwards asked him to case it. The pilot was on the bridge outside the wheel-house, and the defendant was in wheel house. Without consulting the pilos the defendant ordered to star- board helm and this order the quarter. master carried out. Another order was they

given by the defendant whorespon thu quarter-master told him that the was in charge of the ship and he would not do anything without his orders. Shortly afterwards the pilot again order. eport to helm " and then

**Re off.

the

ath

the ship left Shanghai and came down the river with another on board. European pilot keeping watch, and at 10 am, the quarter Wanguin master lieved the wheel. The defen dant, on seeing the quarter-mester, m mediately walked on to the bridge and

ht KINUTE Апу

Did you tell the defradhat that he www the only man who had made complaints against the quartermaster ? Yes

You did as a matter of fact, reprimand the quartermater on that ocasion ?→→ Yes, it defendant's request.

his duty? Yes Did you Enally remove the defendant

fe

WHATS THE USE OF LIFE

--WITHOUT -MONHY 9" AN OLD CHINESE AND HIS

TEN CENT PIECES, At unkemp old Chinese appeared at the "Magistracy, yesterday morning, on a charge of having attempted to export silver ten-cent pieces to thò valus at $73,

The defendant was arrested or sho Praya by a detective, who was of the opinion that the large sum of money be was carrying in a Bundle was not in keeping with his appearance,

The old man said he came from the 12- country some time ago with vegetables which be sold in Hongkong for the money

Mr. Smith did not believe the story. He said he would not fine defendant, but would confcate the money

Mr. Smith cancelled the confiscation.

That's even worse," muttered the old oman ng be left the Court That's even

shout witners down. In fact, the CRED

at any moment

** NECESSITY KNOWS NO "LAW?""

Cros-xamined by My, Bearis, witness of the watch. Some time later he saw provide for me, and rice went up so much

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Mr. Lewis stated that on Augast 21st.spokra to the quartermaster about the Continuing, the witness said that finish.he had in his possession.

matter, and that the quartermaster baded the incident for the time being. That All in ten-pent piccos†' asked Mr. N. L. told him he would not obey his orders day at luncheon the Captain asked wit- Smith. No. 1 most emphatically deny that the ness for an explanation, and witness gave

All in tea-cent pieces," mplied the defendant told me that the quartermasterit, asking the Captain at the same time defendant. He was waiting for a man had refused to obey his orders. He did if he was responsible while the pilot was from the country who was going to change say that he was not going to take respon-

on the bridge. The Captain replied that his ten-emat pieces for Chinese coing of the sibility if the quartermaster was at the he was partly responsible. The Captain same value, The Hongkong coins were I fold defendant that the duty of also said the quartermaster must obey no good to him, for if he took them to his the last order given to him by an offer.country (Taiping) be would only get a the quarterruaster was to 'nbey the last orders given

Witness thereupon replied that in that cents for each of his ten-cent pieces. His) case be would ask that the quartermaster friend in the country had promised to be punished. The Captain said be would

tum up in a day or two and change the speak to the quartermaster.

Witness later found that the Captain had taken colas. He knew nothing of Hongkong's Ine action in the`matter. Witness could laws, and he did not want to take the obtain no satisfaction, und not wishing to cause more trouble,, decided to settle silver coins out of the Colony. the matter in a quiet manner. He went When the defendant said he would not to the quartermaster two days after the

incident and

put it to him a man to work you got excited! - Yes, I got excit

**Confricate the money," wailed the man, whether he did not think an apology The defendant ordered the quarter-master

el; but not so excited as not to know

de from him to witness, Was

Witness

Fold man. It is all my capital. If you to go to Starboard. The quarter-master

what I was saying. He was insulting in also suggested to the quartermaster that contacate my money I will commit suicide. derhne to carry but the order as she

the presence of stranger, Captain and pit were on the bridge.

You must have been excited because should promise that in future he there is no use in living without money would leave the wheel when ordered to After repeating

Inspector Brazil pointed out that the the order a second

you said I will push you our on the do so. The quartermaster refused to cop-fendant loobud tim..

FA countryman all the dendant pushed the quarter-minster He was insulting and told me

ply with either request. itness then right. It would be sufficiant, he thought, from the wheel. The Captain, that was setting a bad example,

went to the Captain. aud, in

in a respectful bring sounds of scuffe at the wheel he went to ascertain the cause.

Was it consistent with your dignity manner. asked him to oblige witness by the man was fined. The that you should say defendant told him that the guniter That, I presume, is a matter of

push you on the having the quartermaster removed from order, and fined defendant $20.

wheel. Witness endeavoured to ex- toaster had refused to obey orders,

plain the The opinion.

position he would be in if the Captain Cold the quartermaster that

quartermaster should

refuse to Did you call him for further duty 1-leave the wheel, but the Captain tried to work. pey orders, and must

the defendant Certainly not. that he ought not to interfere orders of the pilot.

Continuing, witness stated that defend did not speak to him in the way an Or Septem

ant definitely refused to do, duty. He should be spoken to. The Exptain said did not say that be would not go on duty he had reprimanded the quartermaster if the quartermaster were at the wheel

und, a

was the only officer who It was the duty of the officers to nasist

bad

A Chinese lad a complaint against him, he (the)

was charged at the the Captain in maintaining discipline captain) could not do as witness desired. Magistracy, yesterday, with the larceny He had definitely and clearly asked the At that time they were at anchor in toid the Captain that if the quarter

defendant whether he refused to do dute river, and were exporting in and for of two handbags. and received an affirmative answer.

"I had a reason for doing it." said master took charge of the wheel he would

the

was impossible for the defendant 1 m Captain that M. WTBirch, the Chief Officer him to take responsibility while the seller, and I used to live with a friend a newspaper- Captain ordered him to carry

responsibility. This stated that he was on the bridge at the quartermaster was at the wheel. Witness and his wife in Des Vaux Rond Central.

out his

tin of the incident. dantas, after some distich, defen. I nimolutely refuse to do duty while keeping the man at the wheel he would bed, and everything, brother. But when Defendant id: added that if the Captain persisted in They gave me a cubicle, a blanket, a refused to the master were allowed to remain

that person is at the wheel."

to be relieved from duty as officer I was blood Captain replied that he did not intend

hard

times came, my friends could not to cept the defendant's condition and said he was not quite sure whether he Captain again and said I see You told him to do his duty. The defendant heard defendant use the word Hibso have not taken any notice of my protest in price that they could not feed me. refused again, and was ordered off the

intely.

regarding this man.

why I took the two bags and ran Quartermaster MeNeil gave corrobora.Fattempted to walk away, but

The css away.' tire evidence,

followed and stated that he would not

The Police explained that the friend In crow-examination, he said the de- take responsibility while that quarter of the defendant had another visitor fendant told him that if he did aut masi

master was at the wheel. He wanted the about a month

LTO That visitor brought apologise he would take further proceed Captain's assurance that nor ing. There was one ship on the port done by the quartermaster.

responsibility two hand-bags with him, and it was these be attached to him for

any act

which the defendant stole. One of the The Cap occupants of the house saw the defendant Was I will make no condi-

two away with the barged into the vessel on the tions with you." port might The steering was very

bags, but pilot was very dissatisfed. He

portsi

nothing of it because the defen- W possible that if the to punch him on the jaw if he did not dant was the steerin defendant struggling with

a collision might have stop shouting. Witness invited him to go the

till afterwards was it discovered "master and he ordered them

quarter- occurred.

ahead with his punching.

that the He enquired what the trouble was about, said he haa

stop.

During the bugs had been stolen. The defendant In reply stain Taylour, witness conversation the Captain said: " disappeared and was not seen for a and the defendant.ioformed him that the the defendan

mble previously with will you shut up? Do

month. On Sunday evening the man who quirter-master had refused to obey bis

Witness

You refuse duts that he would not take noticed defendant carrying away the bags repeated that the quartermaster saw him in the street and had him ar- Orders. The quarter-master stated that

Mr. W. Wil

responsibility gond Offeer, said the

while By refused the orders because they co You ask me quest

自行 that to tell the

eard very little. Was at the wheel. The Captain again rested. flicted with those of the pilot. The de-

asked him: "Do you refuse duty 1" Lendant then apoke rudely, and witnesse beard defenday: "I refuse to Captain then ordered him down below, will reply Witness repeated his former reply. The told him to be more civil. Witness then take responsibility if the "quartermaster and had not since ordered him back to Jeft the deck and the ship proceeded with is at the wheel." He also heard shout duly. The Captain read the entry in the out further incident." The quarter- ing. Defendant used insulting language log to him two days later, and witness master had been on mute and was an excellente un

stip

since Feb He did not see the chief officer on the told him it was insufficiently worded and-

On bridge. September 4th the ship left Shanghai and proceeded down the river with a new did

Cross-examined, witness stated that be pilot

not pay board.

much attention to the At 10 x.in, the quarter- master came to relieve the wheel. Wit. arret, All eyes, even the pilot's, were on the combatants. Of course his first new, was speaking to the pilot at the time consideration was the safety of the ship

held in the Council, Chamber yesterday The defendant came up to witness said:

The defendant and master were as excited and ordered the faster case afternoon, the Hon. Mr. A. G. M. taken any See you Daves unked is any men would be, of 'my protest."

Fletcher, OB.E., presiding. Thou hin what he was talking about, and H. Davis, un apprentice, stated that reason why he took the wheel from the sent were the Hon. Mr. C. Mel. Musser.

he replied that he refused to assure any he heard the master tell defendant: Yuu quartermaster was because the latter re O.B.E., the Hon. Mr. C. G. Alabaster. responsibility while the quartermaster are no use anyhow." Defendant wanted fused to obey the order.. He did not UBE, Mr. A. Shelton Hooper, Mr. W. was on the bridge. Witness told him that the Captain's assurance that the quarter struggle with him.

He would not go

and Mr. G. A. Woodcock he would look into the matter later, bet mater would not be at the wheel while against the pilot's order unless he feared defendant refused to go away. Witness he was on duty, and when the master and that the ship was in grave danger. He

The meeting considered the application then asked him if he refused to do bis he could make no conditions. defendant did not tell the Captain that the quarter of a Japanese for a restaurant adjunct duty Defendant began shouting, and refused to work.

master bad refused to obey his orders. witness asked him to desist, stating that

in Spring Garden Lane. he refuses that was not the sort of example to set he was third officer of the Jaw and held

The defendant, giving evidence, said le said:

to obey orders

The applicant stated that he bad a a man was in the right he should speak restaurant at Spring Garden Lane for He had been on the out. He did not dictate to the Captain five months. He was previously a barber

what be do: he only said he

in Shanghai. to take responsibility in the circum was no better than himself, and used very gist, the Captain, the pilot, the appren

the ship went up to Woosung on August ta

stances. It was a fine state of things if insulting lan

language. Witness then

Captain took no notice of it I'll push you one on the jaw." Defenon the bridge. They were overtaking The man might put a bullet through an apply again in November

you will be another steamer on the starboard side not officer or do anything. ( dant replied: "Go ahead, sorry for it. Witness said Perhaps far off. Another steamer WILS com Mr. Lewis: And because the man is of it might be so. Will you do your duty ing in the opposite direction.

Wita mutinous character and the Captain The Captain replied. "Yes, we are both as an offor ??! Defendant

believe you to was standing at the quarter does not ness

feline to do your Witness asked him three times, and. master's right in the wheel-house. The duty--Witness: No.

responsible. The Captain promised to. Lontinuing, witness said he told the speak to the quartermaster.

Mr. Beavis stated that rather undue

Capt. T. W. Quirk, the master, stated thar when the ship was going up the river with a European pilot in charge he heard sounds of a fight on the bridge He went up to ascertain the cause and

noticed a steamer coming towards the wide and another on the stern. The vessel tain's repy The Captain threatened thought Doll-known in the house. Not

vid and a number of junks on the

notice

00:

crew.

had

and

JAW

to

the

42

did he expect it be carried on that, sorts mate's certificate. Habur. When

of discipline

of way. Defendant replied that witness

said

incorrect.

"Cross-examined by Mr. Lewis, witness stated that he knew that a Captain could in an emergency. He maintained that be not interfere with a pilot's orders except only followed the directions of the pilot.

the helm

as ne

2 .

to

The

If you do not stop this insulting talk tice, the quartermaster, and witties were and if the Capt in to obey orders

Mr. N. L. Smith, informing "the defen excase, sentenced him to six weeks im- dant that his reason for stealing was 10. prisonmcat.

JAPANESE APPLICATION RE- FUSED BY THE LICENSING

. BOARD.

A meeting of the Licensing Board was

Matary), “

licence

pre-

The Board were of the opinion that there were sufficient Japanese restaurants in that locality and the application wan refused. The applicant was advised to

mastër “at the wheel.

he finally refused. witness said: Then pilot was on the starboard beidender Captain that he was placed in a false you had better go." Since then defen-pilot gave an order, to the quartermaster dung had not done any work. If the to put his heir to port. Witness noticed position if no steps were taken against prominence hart been given to the incid quarter-master had refused to obey orders defendant should have reported to wit that the ship's head had swung to the the quartermaster. He did not report to ent of August Sist, and from that the starboard side. The pilot gave the order he thought the Captain's sense of right the defendant could be understood. There

the Harbour

-master in Shanghai because subsequent relation of the Captain and Croes-examined by Mr. Beavis, witness "Ease your helm "immediately after would stated that if there was no time to report wards, but the quartermaster simply put Captain had told lies if they said be in the evidence, due, no doubt, to the time

prevail. The Chief Officer and

was a considerable amount of discrepancy to the Captain defendant should act on this wheel amidship. In witness' opinion, refused to go on duty. If insubordina which had elapsed between the two intid. bis own discretion. He should not have this was not sufficient, they were going tion and insolence meant that when used physical force, That sort of thing rapidly, towards the other steamer. Wit man threatened to punch him he repli d enta The defendant. had not refused to made the case bad. That question, how now told the quartermaster to case in a shouting tone of voice, then he had do his duty, but had declined to take se ever, had no bearing on the ease what heim more but he refused, remarking that been insubordinate. They had an argu-sponsibility for the action of the quarter. the pilot gave him his orders and not ment about the entry in the log. He was Mr. Beavia: That is for the Court to witness, say. Perhaps you will leave those mat-bermaster from the wheel and took it him.

Witness then ordered the quar- not fond of argument only of right.

Mr./Łowis stated that even the Captain ters for us to decide.

Mr. Lewis: You will get justice in this could not countermand the orders of s Witness: I am

Witness was certain that if the Court.

pilot when that person was in charge. asking the Court's belm had not been eased in time a colli opinion.

In reply to Mr. Beavis, witress stated He might do so in an emergency, but he Boavis: After the incident on

sion would have been unavoidable. The that he had asked the owners, at Home to would then be asuming a grave respon August 1st did you have any conversa-

quartermaster resisted witness by force relieve him of his duties on the nonsibility: Defendant had no right to Lion- with the defendant a loner The and refused to allow him to take the YC Mitchell, a steward, stated that dictate to the Captain-as-to-what-steps. defendant asked you whether under the wheel. Witness was just making a second he heard a conversation between the should be taken. That sort of thingira circumitanost him that the reapon-Captain came up and told to witness he asked defendant what the row was about state of affairs, would result. It was r he could be held res attempt to get hold of the wheel when the Captain and the defendant. The Captain destructive of discipline, and a rotter

ibility lay with him and yourself had had enough of this nonsense.

The next thing he beard was the defend very serious breach of discipline. Wit, Witness: I told him it was a very seriness thereupon left the wheel and stood ant asking the Captain if he was respon. The Court found the defenduat guilty us matter, canecially as. I was on the aride. The Captain then told witnesssible while the pilot was on the bridge, and ordered the suspension of his certi, bridge at the time.

that he would look into the matter later.. (Continued at foot of next column.)

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