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

The latter would also state — as the master himself admitted — that the master took no objection when the account was presented, except as to the two items of coal and coke so far as freight and insurance were included in the cost, — that he made no objection to 37¼ tons of coke being charged as short delivered.

Mr. Walter would further show that the master was paid the balance, and said he would sue for freight and insurance, but said nothing about the short delivery of coke or about any agreement with Mr. Walter to charge only Cardiff price. In addition he would call two expert witnesses to show the construction of charter parties and bills of lading, and in support of his right to call this evidence cited the case of Stewart and the Merchants’ Marine Insurance Co. reported in 16 Queen's Bench Division, pages 619-27.

He would also call three Chinese in the employment of Messrs. Jardine, Matheson & Co. to prove that the amounts weighed out were noted by the chief mate of the ship in a book belonging to the ship, which was presented to the Chinamen to sign at the end of each day, that the total amount of the coke showed 37¼ tons less than the amount stated in the bill of lading, and also that the weighing was carefully and properly done.

Evidence was then led for the defendants.

Walter Baldwin Walter deponed — I am the agent in Yokohama of Messrs. Jardine, Matheson & Co., who were owners and consignees of the coal and coke brought here by the Brynhilda. The coal and coke were bought by Messrs. Matheson & Co. of London, acting on our behalf, and they forwarded us shipping documents.

The document now shown me was sent us as a list of the shipping documents, also the invoice, the last two lines of which were simply a memorandum put on in our office. That is the invoice they sent us. I also produce a copy of the tradesman's invoice showing the c.f.i. price of the coal and coke, the original of which is retained in London. Our London agents bought the coal at a fixed price to be delivered in Yokohama. The bills of lading and charter party shown me were also forwarded.

The original charter party was retained in London, only copies being sent to us. The other documents shown me are the two policies of insurance on the coal and coke. Messrs. Matheson drew on us a draft for debt on the cargo, which we accepted and paid, to the amount of $24,286.35.