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

I did not understand him to say that if we would take the cost as Cardiff cost he would agree that the shortage was 37¼ tons of coke. I never heard the captain say he was willing to pay the prime cost of the coke to avoid trouble. What he wanted to pay was Cardiff cost while we wanted to have first market cost and afterwards c.f.i. cost.

There was no mention of a compromise or to save trouble; on the contrary, he told me he had taken legal advice and it was upon that he claimed. The remainder of the coal and coke has not yet been sold. There was no return commission from Pirie & Co.

The documents I have produced are the only documents that we have received showing the cost. I do not know whether the plaintiff has been here before. Coke is not merely spongy but friable; it might in being stowed break up and might in weighing be blown about. In any case it is looked upon as an uncertain article - so uncertain that ship-owners, especially steamer-owners, as a rule prefer not to sign for weight. When they do sign for weight of course they are responsible.

Charles Henry Leopold deponed - I have been a shipping clerk in Ahrens & Co.'s employment for the last ten years, here and in London. I have had a large experience in the import of coke, and am familiar with charter parties and bills of lading.

Mr. Lowder said he would object to any expert evidence as to the construction of the charter party.

The Judge said he would see what it amounted to.

Mr. Walford (to witness) — Looking at the clause regarding freight in the charter party shown you, how do you read the words “less cost of coals delivered short ? ”

Mr. Lowder objected on the ground that the document should speak for itself, that it was for the Court to construe it.

Mr. Walford held he was entitled to lead this evidence.

After hearing Mr. Lowder in support of his objection the Judge said he would hear the evidence.