In this case Henry Deans, late second officer of the Formosan Trading Ca. steamer Cass, sued Captain Joseph Hogg, master of the same vessel fur $99.99 for alleged wrongful dismissal.
Mr. H. Browert appeared for the plaintiff; the defendant conducting his own case.
that his client left England on the lst Mr. Browert in opening, the case stated Juneas third cflicer of the Smith, sister ship to the Cass, having been engaged in that capacity by Mr. Hong Chee, acting for the Company. On arrival of the steamers at Suez on the 8th July he was promoted to second officer and transferred to the Cass, which arrived here on the 5th September last. On the 24th October, while the ship was lying alongside the wharf, his client wot down bel low to take con: atest, but the chief officer had previously mentioned to him that he would like to go to Mr, Ord's funeral, and asked the plaintiff to come up a little sooner to allow him to go. Not coming on deck again as soon as the chief officer called him, his client and the chief officer thereupon had a few words, The chief officer finally told plaintiff that he would not go to the funeral and that the plaintiff might dress himself and goifhe liked. His client did so and did not return tothe ship till two o'clock the next morning. Some little time afterwards ing on deck he met the chief officer who told tim that he had had high words with the 'Cnptain respecting the conversation between them on the previous day. Nothing more transpired in the matter, till the 6th November when the ship' had again returned to Shi ugh, when the ptain sent for plaintiff and counting out his month's wages up to date, said he did not want hin on board any longer. His client entered into an agreement with Me. Hong Chee on the 3rd June, 1888 at North Shields to serve as third officer on the Smith, and lower down in the agreement (produced) there was an endorsement to the effect that plaintiff was promoted to second officer, signed by Mr. Hong Chee. There was a clause in the agreement stating that in the event of plaintifis services not being required on the arrival of the steamer at Formosa, or within twelve months, he should receive two months salary as compensation, and a further clause was to the effect that if he misconducted himself, by drunkenness or otherwise he could be dismissed without any compensation. His (Mr. Browett's) case was simply that under this agreement his client was entitled to the sum claimed, as he would show ihe court that he had not misconducted himself or been guilty of drunkenness while on board. fie then called.
Haary Deans, the plaintiff, who was sworn and identitied the agreements (produced) which ha? bec" made between him and Mr. Hong Chee, of the Formosa 18th of June and 5, 1888, "Plaintiff rendered service under bot of these agreements. The two agreements were for the Smith. At Suez Bay some row occurred on the Cass in consequence of which the captain, chief, and thir officers left the ship and went home. Mr. Hong Chee then appointed Mr. Hogg the chief officer of the Smith, tobe captain of the Cass. Captain went to Alexandria and shipped a secon mate there. On arrival at Suez bay, the second officer hearing that there had been some trouble on board the Cass refused to join her, whereupon Mr. Hong said that plaintiff should on board the ship till she arrived at foogkong, aa they could not detain the ship any at Suez, Plaintiff went on board wit the understanding that he should return to the Smi th if he did not like the Cass. It was distinctly understood that he would have this option, as he only changed ships in order to prevent farther delay. "On the arrival of the at Shanghai, as far as he unders! they were turned over to the Chins Merchants Ca. and plaintiff went and saw Mr. Weir, the Superintendent of the China Merchants Ca. and asked him to transfer him back into the Smithagain, as he was not very comfortable aboard the Cass. Mr. Weir told him to wait a little while and he would see about it. The steamers were afterwards handed over by the China Merchants to Melchers & Co.'s, a German firm, and on the 4th November, the Cass arrived in Shanghai from Tientsin. On the 5th Capt. Hoggcalled plaintiff to his room, and paid him up his month's pay sayin; min going to pay you up to to-night, and Iam finished with you now." Plaintiff's pay usually ran from the Ist to the end of the month. Plaintiff asked what that was for, to which Captain Hogg said he was not going to keep a se-mate on his ship who would come on board and kick up a row with the chief oticer. Plaintiff said he begged his pardon, he had not been ashore and he did not see how he (Capt. Hogg) came to know that plaintiff and the chief officer had had a row, as the defendant was not on board the ship. when it occurred. The defendant then cused him of growling about the ''chow" in the mess room on the previous night. Plaintiffsaid that some of defendant's boys must have been carrying tales. Defendant said that plaintiff seemed to think that he could do as he liked on board the ship, and that he would not have him there any longer, he would have to clear out. Plaintiff replied that he would not leave till he heard more about the matter, and remained on board that night. The following mornin, Captain Hogg again sent for him, and aske was plaintiff not going to pack up and clear out as he had another second officer en-Getter if the defendant gave him a discharge aged. Plaintiff replied that it would be to show where he had been, to which Captain Hogg said that if he went ashore quietly he would give hint a very a discharge and do all he could to help him, but that if he gave defendant any trouble he would do all in his power to do plaintiff harm in Shanghai. Plaintiff then left the ship without any discharge.
Mr. Browerr—The reason I was not comfortable on the Cass was on account of the bad terms between the Chief officer and the Captain, and the representation made by the Captain about me, namely that he only kept me inboard became he had a great res} for my mother. The chief officer said the Captain was always threatening to put me off the ship, and complaining about me. I have always willingly obeyed the lawful commands of the chief officer and the Captain, and have always been perfectly sober while on board. The mate and I were always friends, even after the alleged row. 'I never mentioned anything about the "'chow" on the particular occasion referred to by the Captain, but once or twice I complained to the steward about my porridge being cold in the mornings. Siged my dismissal from the Cass T have endeavoured to get another ship, and failed, nor is any likelihood of getting one. This is the worst time of the year for getting a examined by defendant—I do not remember deliberately disobeying your orders about not going on shore at Colombo. Tdo not remember saying that T would go ashore whenever the ship was tied up, accord-ug to China custom. Teaid I would goon shore if I got leave from the chief officer. I remember your coming on the bridge and finding me lying down in long chaic smoking a cigar. I apologised to you on that occasion, T said that had bean in a ship before in the China trade where a seat was provided for the officer on watch. I did not say that you had only been in the habit of commanding sailing ships, and that you would have to alter your style now that you had asteamer. On the Sth Sept., leaving Tamsui, I remember being down closing the ports, and some hours afterwards I said to you that it was not the second officer's work on the China coast to close the ports. I remember when we left Tamsui for Pelam with soldiers, the third officer coming up on the bridge with a revolver in his hand and he accused me of stealing a bottle of whiskey from his room.
Mr. Browerr objected, and the plaintiff protested against the imputation implied in question.
The defendant said he wanted to elicit something about the plaintifis sobriety.
Cross-examination continued—I was perfectly sober the day after I came on shore ment. The day I came ashore I did get the to see the Consul here about my agree worse of liquor, but did not go aboard in that state. I went on board about 2 o'clock in the morning and was sober at my duty on the next day. I was away all the day I went to see the Consul, but that is nothing. On the 24th October, I was perfectly suber and attending to my duties, I do not know anything about telling one of the officers that I would knock his nose of face, Mr. Hewson asked me to dine with him with a friend of his in the mess room and I did so. There was no harm in that, I was perfectly sober. I do not remember telling the chief officer that I would sleep whenever I liked. Idon't think I ever said I did not belong to the Cass, I don't remember you telling me that the sooner I left her, After we got to Shanghai, the better, I re: member saying to you that I would prefer remaining in the room I was in till I got to Shanghai, which would only be two or three days, but what I meant by that was that I would be transferred to the Smith when I here. There was never a word spoken to me about drunkenness or misconduct while on board the ship.
Re-examined—I got permission from the chief officer to go ashore on the occasion at Colombo of which the Captain complains, and which was on a Sunday when nothing was doing on the ship. Iwas only away an hour to get a knife which I had forgotten on shore.
The defendant said that he had upon that occasion expressly forbidden plaintiff to go on shore.
'The Chief Officer was next sworn and stated that he went to Mr. Deans' berth at 3.30 p.m. on the 24th Oct. to call him, as previously arranged, to allow witness' to attend a funeral. Plaintiff was asleep and witness got no reply; on witness going again to the berth plaintiff was still asleep and witness shook him but could not wake him. About four o'clock the plaintiff came on deck and asked witness why he had not: Ercaune plaintiff did not come on deck in me ashore. Witness replied that it was
time to relieve hi Deans said there was still plenty of time to get ready. A few words passed between them, and plaintiff said he could get ready in time if witness would allow him to go, at the same time expressing a wish to attend the funeral, to. which witness assented, and plaintiff dressed himse: f and went ashore. After he returned on board the Captain came to witness's cabin and said What sort of work is this you are carrying on on board the ship? It is disgraceful." Witness ssid he was not aware that there had been any bad conduct, and the Captain then spoke of what had passed between witness and Mr. Deal Teprimanded witness for not reporting the affair. Witness had no desire to cause trouble, and told the Captain he had forgiven plaintiff, and wished that he (defend-during my watch after leaving Singapore, ant) would overlook the matter. Captain
Text read from the printed page and cleaned; old type leaves the occasional error.