P. & O. Ca. v. Grirrrmus axv Tore.
John Griffiths and William Thope, A. B's inboard the P. & O. steamer Balliarat were summoned for being concerned together in embezzling 13 balls of opium of the value of £6.10, part of the cargo of the vessel on the 27th December.
Mr. J. H. Teesdale (Messrs. Stokes and Platt) prosecuted and Mr. F. Ellis (Messrs. Browett and Ellis) (defended).
Mr. P. L. Trumper, second office of the Ballarat:—Just after lunch time on Friday last, the No. 1 stevedore came to me and said the quartermaster was broaching cargo in the hold. I went at once down the hold. On the way towards that part where the opium was stored I passed the defendant Thope coming up towards the hatchways. At the end of the hold I noticed a gunny cover torn off one end of an_ opium case, which was open. These opium cases are strong wooden boxes with generally two pieces of gunny and two strips of iron binding round them, They contain generally 98 to 100 balls of opium each. The size of the balls is between that of a cricket and a tennis ball. As soon as I saw the case was broken, I immediately followed the defendant Thope up out of the hold. T overtook him going forward and said? ' What have you got there, I noticed several lumps underneath his jumper. He did not answer my first question. I then pointed to the lumps and said, "What's that?" He said, "Opium, Sir." He made no explanation at" the time, His appearance was rather confused. I told him to come along to the Chief Officer, to whom I said' that Thope had been' found with opium on him. TI left immediately and went down the hold again. T-then found a sailgaker's bag close to the case and also 4 muntlingspike (produced) lying on the next case, The ship was engaged in discharging cargo at the time of this affair. At the time any cargo liable to be broached is to be discharged the quartermaster should be on duty in the hold. During the quartermaster's dinner hour a Lascar should be put on guardtosee that no one enters the hold. The cargo owners have nothing to do with the cargo till itis landed. believe the stevedores have watchmen for their own benefit, but we have nothing to do with that. The stevedores are paid servants of the Company.
Cross-examined—I have been in the employ of the Company since September last.
believe Thope been two years in the Company's services. He is a man I would not care to have in the ship with me. If ho can get out of his work ho docs. I had occasion to report him for shi work on the morning in question. ' I not previously on this ship had occasion to report him, but I did on the Massilia, I don't know how many Chinese there were in the hold, but it would be about ten or twelve. I do not know the name of the No. 1 stevedore, but I should recognise him if he were brought here. When he told me the cargo was being broached, he spoke in pidgin English. It was not he who pointed out defendant as the man who broached the cargo, but two of the Chinese did. Tam quite sure Thope heard the first question I put to him. During the voyage from Bombay to Shanghai, Thope had mentioned to mo on one ocea~ sion that cargo had been broached. I took the case indicated out of the hold, and had it repaired. I also told the chief officer about it. If the quartermaster had discovered opium lying about ho should have put it. back in the case and sung out for an officer.
By His Worship—Thope passed me on my way to the hold, and could have reported to mo at once had anything been wrong. In to the case which was reported broken on the voyage, we do not know yet that anything has been taken from it.
By Mr. Ellis—The tools found by the case were stich as would be used in mending sails, By His Worship—Thope, as quartermaster, had no business to leave the hold after dinner without permission. I understood the stevedore to be referring to Thope when he said the quartermaster was broaching cargo. I did not stop Thope when I him, as I wanted first to seo what had been broken. When I spoke to him afterwards and touched the lump under his jumper, Thope himself led the ball of opium out,
Text read from the printed page and cleaned; old type leaves the occasional error.