CAPTAIN AND THE LAW

Gisborne Times, Volume XXXIII, Issue 3668, 1 November 1912, Page 5

CAPTAIN AND THE LAW

INTERESTING DUNEDIN CASE

[PRF.SB ASSOCIATION TELEGRAM] DUNEDIN. Oct. 31

In the Police Court to-day Geo. Melville Ruxton, Captain of the s.s. Kaiapoi, was charged with proceeding on a voyage without a full crew. Captain Beaumont, representing the Marine Department, said that on August 16, when the vessel sailed from Lyttelton' for Westport, one of the firemen deserted, the ship sailing a man short. There was nothing in the official log hook to show that an attempt was made to procure a man in his place. The ship also proceeded from Westport to Dunedin with a man short. Inquiries were made at Westport, but a man could not be got, and the crew agreed to work the ship to Dunedin. . In reply to a question by the Magistrate. Captain Beaumont said lie was prosecuting on voyage from W estport to Dunedin. ~ ' The Magistrate (Mr Widdowson) held that it was reasonable for Capt. Ruxton to leave Westport in the way he did. and at the time he did rather than risk being stuck there and possibly catch the weather. He thought every reasonable step had been taken to find a substitute, and that being so a penalty could not be imposed. ' A second charge against Capt. Ruxton was that on August 16 he left Lyttelton without recording the ship’s draught of water and her extent ot . freeboard in the official log book, and that be failed to produce the same to the Marine Superintendent. It was admitted that defendant failed to make the entry, but the failure to produce the book was denied. Captain Beaumont said he relied on the fact that no entry was made. The defence contended that two things must exist before the offence was committed — namely, failure to enter in the log book and failure to produce the book without reasonable grounds. In this case the bock was produced up-to-date. , The Magistrate said he would adjourn the case, and look into the point raised.

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