Volume Eleven - Pre-Victorian to the Present Day - some more aspects - A Dispute at Yokohama -  1889 . . .

If the 135 tons said to be short in coal were added to the 37¼ tons alleged to be short in the coke there would be a total of 172¼ tons on both cargoes, and by calculation it would be apparent that if there had been 172 tons short when the vessel arrived here, instead of having only 1½ in. less draught than when she left Penarth Dock, she must have had 12½ in. less draught. If this were so it seemed to follow as a matter of course that there must have been some error in the method of weighing the coke on the ship. That, however, was for his learned friend to show.

He had set up a counter claim and undertaken to show affirmatively that the coal and coke delivered was as he said 37¼ tons less of coke and 135 tons less of coal. Counsel had no witnesses to call, but would put in the evidence of the plaintiff, Richard Meikle taken preparatory to the hearing, and would also put in the charter party, bill of lading and the account which was handed to the plaintiff by the defendant. (Here Mr. Lowder read the evidence of the master, Meikle).

Mr. Walford said with the permission of the Court he would reserve his remarks till the closing of his case.

Mr. Lowder said he would prefer to learn the line that would be taken by the defence.

Mr. Walford said then he would do so shortly. He would in the first place call Mr. Walter, who was the agent of Messrs. Jardine, Matheson and Co. at this port, who would show that that firm were the consignees and owners of the coal and coke.

He would also show by Mr. Walter’s evidence that the c.f.i. cost of the coal was 35s. and of the coke 47s. 6d. per ton, and that both coal and coke were bought by Messrs. Jardine, Matheson & Co., at that price, of Messrs. Pirie & Co.

Mr. Walter would also refute the evidence of the master as to any agreement having been made that Cardiff price was to be the price paid for the 16 tons of coal, short delivered; that no such agreement was made and that in fact as the master admitted he himself did not rely on any such agreement with regard to the coal when the account was presented, and that no Cardiff price was ever agreed upon or thought of by Mr. Walter.