Before J. A. Lxonarn, Esq., Consul-@ ner and Messrs, G. H. Wuextex and W, Mustarp, Ase-surs, Roneurs v. Viscesr, is case had reference to the connected with the blowing up of t of the Meking in the Bonham Pas Mr. H. P. Wilkinson appeared for the Harn Browett for the defendant, plaintiff, Captain John Roberts, and Mr.
The plaintiff in his petit ing that he was a British subject, wud a div that the defendant was an American citizen, and a pilot, set out that in November last he and the defendant entered into an agreement for the removal of the wreck of the German steamship Peking then lying sunk in Bonham Pass, a joint venture, Tt was agreed the plaintiff should supply diving gear, electrical batteries, and money for the purpose of carrying out the work, and that the plaintiff was to carry out and superintend the blusting operations, and assist gone-rally, and" in consideration of this was receive one half of the profit, December the del dant agreed with the Customs authorities tv remove the wreck for'Lls. 12,000. The plaintiff and defendant ha hased the requisite expl ree, and the plaintiff? plied the diving gear, and expended Tis, oded to Bonham Pass received the sum of Tle. 12,000, The defendant, it was contended, "thereupon Decne indebted to the plaintiff in the sum of tis, 6,000, being half of the Tls. 12,000, and the sum of Tis, 340, being half of the sum vf is, 680, less the half of all sus expended by the defendant in the venture, after deducting from this last amount the value of all stores, explosive and materials purchased by the plaintitt and the defendant for the purpose of the ure, and retained by the defendant.
pinintift applied to the defendant. for the payment of the half profits of the joint venture, but the defendant had only paid Ys, 2,500, The defendant's answer denied that the plain till purchased any of the explosives and stores na alleged, or that he ree ed the wroes. The defendant admitted paying the eum of Tls. 2,500 bue contended that nothing more was due to the plaintiff, but us an of fact defendant handed to the plaintiff Tis. part of the sum of is, 2,600, to repay hi self for money lent by him to the defendant and tonecouut for the balance, which he had not done. In further answer, the defendant leged that he tiffnsn diver, successful removal of the wreck to pay him 10 per cent. of the contract price, All the explosives und stores used in connection with the work were supplied and paid for by the defendant. He asserted that the the wreck used diving gear belonging to the defeudnut, nnd that all diving gear supplied by the plaintiff was supplied by hin for his own use as x diver, but that as he was incapable of using the diving gear himself, he lent it to the Japanese divers: employed on the wreck, although there was no occasion for his doing ay, ay the defendant had supplied ample diving gear of his own for the purpose, The wreck was removed entirely under the direction ut the defendant and by the Chinese divers employed by the defendant, Mr. William Roberts, pilot, detailed several conversations he heard between the parties, and ssid that he heard Vincent say that when all the bills were paid about $1,500 or $2,000 would be due to Rober On one ow when witness wanted to borrow ut's buat, the Syren, Vincent told him that he would have to see the plaintiff and get his consent, as the beat was wanted for th k at the wreck Witness saw the hai got his con sent, and Vincent went dow in the boat to see that it was not detuned.
Cross-examined—Witness had known Mrs, Roberts to draw money from the Bank, but he had net seen her do She had also told him that she bad pawned jewellery to provide funds for the purchase of stores for the work ut the wreck.
Early id by Mr. Ottomeier that outside to be piloted, I was an apprentice pilot sri I could wot take it but told Pilot Roberts about it. We went to Captain Vincent about getting his boat to 2 out to the ship. ut said somethin about being busy going to the wreck. I the 1 Tuck Roberts absiut it, er and it was decided ilut boat, Captain Vincent, pilot Robert Twent down in the boat, Tam corta 1 that Captain Jack Roberts was consulted.
By Mr, Browett,—I do not know exactly what cone took place with Captain Vincent, T knew the boat belonged to Captain Vincent. The conversation place early in the year, whose evidence wa ing up of the wreck the wreck was blown up, he went over to Nagasski to procure dynamite, After coming bick from Nayaski the plaintiff paid some money to the crew through the jowdlal, This was whilst they were at Woosung. The men asked Vincent for ome money, but the latter said he hud Phey refused to go to the 1 it was then that Roberto inthe money. There were other Ities ubout money and Robertsnssured the men tleat Roberts was to them about the Howing up of the and was in fret there must of the Witness saw the luwdalt yesterday, and had " discussion about the exse. The lowdah said Roberts had promised to gi them 23 days' wages and " cumshaw, but they had not got that. Vincent had also promised them " cuushaw, but they had received it. He remarked Vincent leaving the wreck and going off to pilot the T'riomphant. Roberis fired two or three charges whilst Vincent was away.
Captain GE. Grahanr, who was called on behalf of the plaintiff, said he wns engaged by the plaintiff and defendant to go over with them to Nagasaki in connection with procuring tackle, ete., for the blowing up of the vessel and he was also engaged during the operations at the wreck, Whilst at Nogasaid Roberts: disbursed quite $800 on account of afores, and a list of the items of this expenditure, with some other notes, witness wrote in the log-bouk produce, The two pages which these pacticulurs filled were now missing. He said that the plaintif Superiutended the firing of the charges during the Howing-up operations, and sou of the charges were fired in the absence of Captain Vincent, Qu one ween jou, when they had returned to Shanghai feom the wreck, witness nud the defendant were playing a game of billiards in the Marine Officers' Institute, The defendant then told witness that the plaintiff was getting Tis, 3,000 and & percentage as his share.
Croscexamined by Mr. Browett—Witness had sume papers belonging tu Captain Vincent, which were now lve'ed in x box at the plsiutitfs house, "He did not think that by any possibility the missing pages from the ing-book could have. got amonget them, but he evuld produce the papers for pective, ed with the witness to the house and receive the papers referred to.
reply to further questions, witness said the plaintiff did not do any diving himself at the wreck, and it was not intended he should. Lhe: Japanese divers employed }did not do the work satisfuetorily, and "practically speaking the Chinese divers did the whole of the work, After some further evidence the Court rose for the day.
Text read from the printed page and cleaned; old type leaves the occasional error.