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

Mr. Lowder’s contention was that though the captain acquiesced in the manner of weighing the coal, he was no party to the method adopted. He simply checked it and he had the right to say that the method of weighing was defective.

The Judge said he might come and point out a defect in the scales, but he could not come and say — “There must be a mistake because it does not come out as I expected.”

Mr. Lowder said his conclusion was that the coke was either carefully or carelessly weighed. The plaintiff said it was very carelessly weighed, because he had to remonstrate with the Chinamen who were weighing it. They denied this. The weighing of the coal into the godowns would throw a great deal of light upon this point.

throw a great deal of light upon this point. Mr. Walter testified that the weighing of the coal into the godowns was very roughly done, there being so large a percentage short, but one of the Chinamen who was occupied part of the time in weighing the coke on board the ship and part of the time in weighing the coal into the godowns, said both operations were very carefully done.

The general evidence showed that the shortage on coal cargoes ranged from 1 to 1½ per cent. and Mr. Leopold said the average percentage with regard to coke was ½ to 2 per cent. Now the shortage shown on the weighing of the coal and the coke was for the former over 8 per cent. and for the latter between 6 and 7 per cent., a discrepancy so great as to lead to the conclusion that there must be some thing wrong in the method of weighing or in the scales themselves.

Mr. Walter said the weighing was roughly done at the godowns, and counsel submitted the same argument was applicable to the weighing of the coke on board the ship.

Mr. Lowder then drew attention to the fact that by the method described as that of weighing the coke there must have been for 549 tons no less than 10,986 “draughts” or touches of the scale, while at home, the coke being weighed 8 to 10 tons at a time, there would be 55 “draughts” only, and submitted that, the turn of the scale being given each time, the result of the weighing here would differ greatly from that at home.