Wriitam Gartasp, v. Pramsee Hormussee & Ca.
Claim of Rs. 632' for wages and compensation for illegal dismissal.
plaintiff in person.
Mr. Harwoop for the defence.
Wituiam Gartaxp, sworn, stated:—I am master mariner. Have been in-charge of the Fathal Mounbarrack since May lst. The log book (put in) was kept by the chief officer. On the 12thof May Tiventoa! board the ship with the owner and he gave me charge. did not mako any entry in the log hook till May 21st. There was no written agreement before July Ist. There wasa verbal agreement at the time L went on board. I claim wages from May 2Ist to July Ist at the same rateas Tam entitled to under the agreement. I remained on. the ship until the 11th Sept. I then received letters requesting me to give up command of the ship. In it they said they would pay the balance of my wages, I claim Rs. 178 for service from May Ist to July lst, and Rs. 319 from that date to September 11th, less Rs. 270 received. Of this they offered to pay me Rs, 494 and ignored altogether my claim for services previous to' the Ist July. I declined to accept it, or to give up command of the ship. 1 have not been paid the balance due to me, [wise dlates la, 250 bx Gomupeiien: tion for illegal dismissal. I think L am entitled to a first class passage to Singapore.
By Mr. Harwood:—On the 6th of July the mate took charge of the log book. The Owner told me at first that he would give me Rs, 250 per month. The written agreement was signed on the Ist July. swear there was an arrangement to pay mo wages from the 2Istof May, There is clause in the agreement about my not getting drank. Lawear Ihave never been drunk since I have been in the ship, and L have never got into scrape through being drunk. Inever had my certificate taken away for drunkenness. It was not against my instructions to go into Swatow. I was compelled to go in there for the safety of the ship.
R. Horrer, sworn, stated:—L am captain of the Omar Pacha, and have been sailing from Singapore for the last 6 years. I arrived in Shanghai on the 8th of September I know nothing of Captain Garland' engagement. I have never seen plaintiff incapable of doing his duty, nor have L ever seen him the worse for liquor.
Text read from the printed page and cleaned; old type leaves the occasional error.