The Archive · 1922

A MASTER MARINER'S LICENCE

The Case Against J. Thomson in the Police Court: The American Practice A prosecution of considerable interest to shipping men was opened at H. M. Police Court on Tuesday when John Thomson, who describes himself as a master mariner, appeared before Mr. G. W. King charged that, between March 4, 1920, and December 9, 1921, he forged a document purporting to be a licence issued by the United States Department of Commerce given to masters of sailing and steam vessels of over 700 gross tonnage.

The charge upon which John Thomson had been indicted by the U.S. authorities since December was withdrawn by Mr. N. Lurton at the U.S. Commissioner's Court on Tuesday, on the application of Mr. L. 'G. Husar, District Attorney. In moving the dismissal of the case, Mr. Husar said that the U.S. Government was now satisfied as to the identity of the prisoner, who was a British subject.

Thomson had not gained his freedom for more than a few minutes before he was arrested outside the American Post Office, and charged in the afternoon before Mr. G. W. King at H.M. Police Court with the same offence.

Mr. S. H. McKean appeared for; the Crown, and Mr. R. G. Mac-Donald represented the prisoner., Mr. L. G. Husar watched the: proceedings on behalf of the U.S. authorities. 7 Det.-Sgt. J. Douglas, giving evidence of arrest, said he received a warrant for Thomson's arrest on the 23rd instant and executed it at 10 a.m. yesterday morning. After receiving the usual caution, defendant made no reply to charge.

Mr. MacDonald said that in a criminal case of such as this one was he felt it to be his duty to press for an immediate hearing. The proceedings pending against Capt. Thomson had been the cause of his suffering almost unendurable hardship. As long ago as five months he has charged at the American Court. That charge had been hanging over him ever since. It had prevented him from getting employment on a ship. He expected in fact nest week to obtain employment in the capacity of a master. During those five months the prosecution had had ample time to obtain their material and witness ses to proceed with. the case Counsel asked that the case be investigated at once, or at least disposed of as quickly as possible.

The Magistrate—If the defendant has been charged for all this time why didn't he say he was a British subject.

Defendant—I swore I was a British subject at the first hearing. On the day I was charged I had a British passport.

The Magistrate—Did you have American papers?

Defendant—Yes.

In reply to questions put to Mr. McKean by his Worship the interesting fact was elicited that on the 23rd instant the defendant was no longer technically recognized as an American citizen, for on that day the warrant was issued; yet the proceedings against him in tha U.S. Court for China had only been withdrawn on that morning.

Mr. McKean mentioned that ho would prefer a longer adjournment as it would be necessary to call witness who were officials themselves and would perhaps find it difficult to get away without due. notice. Counsel did not oppose bail, but asked that it should be in_a substantial sum.

Eventually bail was fixed in $500 and the case adjourned until next morning.

Wednesday's hearing Mr. SH. McKean and Mr. L. G Husar, U. 8S. District Attorney, appeared to prosecute, and Mr. R. G. MacDonald and Mr. J. B. Davies were for the defence.

Mr. J. T. Wright, Vice-Consul in charge of the U. S. Shipping Office, gave evidence that early in December, Thomson called at his office and produced a document purporting to be a master mariner's licence and stated that he wanted to obtain employment. He also presented a document purporting to be a declaration of intention to become a citizen of the United States. He stated that he was an American citizen, and that_he had papers of naturalization: He produced a document purporting to be a naturalization certificate issued in New York. An endorsement at the bottom of the master's certificate seemed peculiar to witness, who had never before seen a sailing certificate endorsed for steam. Thomson left the documents and, as instructed, called again in two or three days, when he was told the Consul-General considered there was something peculiar about the certificate. Later, he signed a document stating that he was a master mariner and, desired to secure employment on an American vessel plying the Yangtze River. Thomson said he preferred inland waters.

Mr. MacDonald—Are you quite sure a sailing vessel licence is never endorsed like this for steam?

Witness—I am quite certain.

Tue Question or CeRTIFrcates.

Mr. C. J. Skaglin, who stated that he was an American born citizen and had been a_ ship's

Text read from the printed page and cleaned; old type leaves the occasional error.

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