Captain Nozaax, of the s. Glenfruin, spyodred on sunsion to snower dain 99 for, pilotage of that. vessel from guiside the Tungahe Lightahip to Shang-"Mir. WiLKINSON appeared for the plaintif.
The defendant conducted his own case.
Mr, Wixisson in opening the case said that the summons had been issued before he was retained, and though tically it was correct enough, technically it was for not allowing the pilotage to be earned.
His Worsuir intimated that he would consider the claim in the light suggested by Mr. Wilkinson, namely for not allowing pilotage to be earned, instead of for pilotage.
Mr. WitxrNsoy in his statement of the case said that the plaintiff John Walter Scott Neeson is licensed Shanghai pilot. Between 1 and 2: o'clock on last Monday morning he was on board his pilot-boat the Bonita and while he was below, the seaman on duty informed him that a steamer was in sight. He then went up on deck and flashed his light which is the usual signa-that the boat showing the light is a pilot-boat, A white light was then shown by the steamer which is the signal that she wants a pilot. His client then went below to dress and gave orders that everything be again flashed his Tight and was again prepared to goon board the steamer, and answered by a white light from the steamer. He then went out in his boat and when nearly alongside the steamer the Captain showed on "Who are your and. his client answered "Neeson." The Captain then said Where is Pike" to which the plaintiff answered that he did know. The steamer then went on up to Shanghai apparently not in-charge of a licensed pilot at all. Under there circumstances the learned Counsel submitted that his client was entitled to pilotage. Neeson then came on to Shanghai without piloting any vessel, The learned Counsel then proceeded to state the law on the point, quoting from Pollock's Principles of Contract to shew that the conduct of Captain Norman in answering the plain-jiff's flashes by a white light and stopping his steamer, having to local custom, was a tacit contract with the defendant to pilot his ship into Shanghai. The amount of the claim was really over $100, but as the steamer was about to leave port, it was, necessary to take summary ings and the summons was taken out for $99.99, There was another point in the case which he would mention. That was that there were certain lines of steamers which employed particular pilots and which hoisted particular ignais to shew they wanted their particular pilots, The particular, pilot employed by the Glenfruin was Mr. Brand, but he could not attend, and it was' arranged that Mr. Pike should go in his stead. He too could not go, and Mr. Brodie Clarke, a clerk in Messrs, Jardine, Matheson's and manager of that department, and Mr. Taylor, who was the pilot on duty in SI hai for that month, had a conversation in which Mr. Taylor asked Mr. Clarke did he want a pilot to go down and bring up the Glenfruin to which he replied yes. It was finally agreed between them if Mr. Clarke, after consulting with Mr. " di not write to Mr. Taylor to the contrary that it would not be to send down a al pilot, but that any of the pilots outside could bring the Glenfruin up. facts were not known to Mr. Neeson or Captain Norman.
is Worsmir ruled the last point out as being irrelevant, Mr. Wiixnsson then called the plaintiff, Jou Waurnn Scorr Neeson sworn ssid Iam a British subject and a licensed pilot of off. When a steamer stops Doat, it is recognized that pilot, but_to make it sure we Shanghai, I remember Manda; i morning flash the If she flashes it once it is last, the 2nd July between past one sufficient, for we are usually anxious to lose and two o'clock, I was on board No. 3 no time in getting on board as fast es lot boat, the Bonita, I was then between possible. Under the circumstances the and 9 miles off the Tungsha light-ship as showing of white light in answer to our near as I could guess, ina small vessel. The fash light can have no other meaning. when. presence of a steamer was reported to me I came to Shanghai I went to see the deand I then came on deck, and gave orders fendant on his steamer and I said—"' Capt. to have a flash light shown. It was shown.
Norman, T am the pilot who was outallo, 'A flash light under these circumstances and went alongside your vessel." He then shews that it is a licensed pilot boat. A said " Quarter-master put this man ashore" bright light was shown in answer to my and addressing one of the officers, standing signal, from the lower bridge of the ateamer by "Mate put this man ashore." I then—as near as I could make out. That was a said to the Chief Officer "What: is the signal that they wanted a pilot to pilot the matter with your Captain?" To which he atip isto Shanghai, Is & the coal lied, He his a perfect, right to put you agnized pilots in the port.
Ithen gave oles ta call all hands, oder re." The Captain did not hear this, but walked away. The mate gave me no away the small boat, and I went below explanation of the Captain's conduct, [had and commenced to dress. When I came on done nothing offensive outside, I am not in deck again, to make sure, I gave orders to the habit of insulting anyone,' It is to my 8 have another flash shown. I then got an interest to be civil to everyone, as I might answer by the ship showing a bright white be seeking employment of light. That was the second time the Cros-etanuned. by the defendant—You same captain,
light was shown by them. The steamer say that when you saw the Glenfruin first had in that time changed her position. you showed a flash light and she replied When I flashed first she was on the with a bright light, Is that correct? schooner's port bow, and on the second Witness—flash she had d or drifted to the Where was the bright light? starboard bow. She had kept close Witness—It may have close to the to me all the time. She having shown bulwarks. the bright white light a second time, Cross-examination continued—I shewed I got into the boat and went to board another flash light and you replied with a the steamer, When I got within 10 or 15 yards of her, the Captain asked me my name, I said "Neeson." He then asked aftorw: I know the signal for a pilot, bright light; that light was taken away. it is not usual for steamers of the Glen line me where was Pike. My answer was "I to shew a blue light when they want 9 don't know." There wasat this time a bright pilot, and see a boat a long way off. I light at the steamer's gangway, where they could fix the position of the white light generally receive pilots. I could have got board at thia Cine if he had given se on the Glenfruin by seeing her smoke stack. She was not coming quite end on, towards chance, but he did not. I was willing to go on board and pilot her to Shai He then went ahead, I don't know how fast, chant Shipping regulations—Bright lig Captain, Nowacast reading from the Mer: steamed past our bows and went up towards put above the bulwarks and burning for the Lightship. After said 'tI don't know," about " minute at a time is recognized as a he sang out, Why did you not snewer signal for a pilot, is it not'?
said this in sucha harsh mammer The witness replied in the affirmative. that it took away my breath, it was The defendant said that he did not show 80 quite unex; (Laughter). I said Thad been down dressing and did not hear any such light for a pilot as that jut, de-him; and I then said, What do you take seribed. That was the rule for signalling me for?" The steamer was going ahead at 4 pilot according to the Merchant Shipping Act in the official log, and Shanghai this time, so that I could not get on board. no other ized log. He could call 1 would not have gone off to her if I witnesses to support will employ you certainly not. I did did not understand the signal to mean not at the time know the name of the pil steamer. Ihave since ascertained it. It com in Shanghai in addition to men was the in and the defendant is the who don't cruise, but who are employ master of the Glenfruin. I did not get monthly. Each company keeps one man on any other vessel to pilot up, but came up duty in Shanghai. in my pilot boat. I think the steamer In reply to his Hoxour—Mr. Wilkinson must have been drawing from 20 to 21 feet said he proposed to prove the custom as to of water; the morning was dark and hazy; signals, and also as to the conversation beand at Tls. 4 a foot it would have Tls. 800r tween the witness and the agent of the Tls. 85—over 100 dollars. She had a vessel, but he would not press that latter red light above the bridge, I could not at first make out what that meant; but I Ponts Honour said he would rule it out. int.
thought at first it might have been the Witness—I was on duty in Shanghai in Chingwco looking for pilot Pike. It is not June. A pilot boat indicates that she is a unusual for steamers to have a private signal for pilots they want. In that case Gant. When a pilot boat shews a flash light lot boat by a flash light, and a mast-head to a vessel approaching or if at night she returns a blue light or any white light the particular pilot was on board that boat, we understand that she wants a pilot, not, we take no further notice of her. Ifa pilot boat does not shew that private 'S—betimes she toots her whistle: we often light and flashes a white light and the goon board steamers, in fact, that never steamer shews a bright white light, it shew any light at all. She shews a bright means that the captain of the steamer can-white light, not s flash light in answer to not find the pilot he is looking for and our flash. If she shews a second white light will take the pilot that now offers himself. we would most certainly take it that she The Measageries, the P. & O. steamers and other lines haze special pilots. When such wants OF ape Steamers usually have a light ly to reply to a pilot boat, and if a steamer passes a pilot boat and that boat they shew it once it is a signal that we are flashes a bright white light, such a steamer wanted. It could mean nothing else as a does not flash a white light, if she does not steamer does not use lights in this way for 5 A steamer tanally indication anything else. The custom is to take the an ight shown once as a signal that the ship tooting her whistle, by flashing a white wants a pilot. I do not know-if this is the ight, and sometimes by a blue light, when legal signal, but it is the customary one
Text read from the printed page and cleaned; old type leaves the occasional error.