Mulet, (2 Swans 551); and Scruton' Charter Parties and Bills of Lading, page 3.
Horatio John Robertson was! then called and stated that Varawa was originally agent for the Chinese Eastern Railway, and on severing his connexion with the railway he started the firm of Varawa & Ca. To the best of witness's knowledge there were no partners in that firm. Witness was not a member of it. At that time he was working on his own account, doing brokerage, freight, contracting etc. When the political troubles started in 1904 witness was employ ed, and Mr. Varawa also was en ployed, on the Chinese Eastern Railway. Witness was given a licence by a gentleman in a. high position who had authority to do ea, to assist in those troubles, as far Russian commercial—in-in China.
Lordship—To what troubles do you refer?
Witness—The Witness, continuing, said that his obligations as an employee were temporarily suspended. Mr. Varawal asked him to give him the benefit of his knowledge and experience in Shanghai to carry this thing through, and they had a verbal un derstanding between them that he 139 was to assist him to the best of his power. Varawa was the principal in all the businers that came forward and contracts ware signed by him. Several vessels were chartered and the last of the batch was the Foxton Hall, Witness was to have half and Varawa to have half of what was left, and things were so arranged that there could be no losses. The charter party of the Foxton Hall was made out in the name of Varawa, who was described as Russian subject, and it was signed by him, and the official contract note was made out in his name and signed by him, The steamer finance ed herself, Through their agent in Shanghai, Mesers, Ginsburg Ca. made offers to Mr. Varawa that they could collect fr After consideration, Mr.
said ho would allow them to be his agents, and they were to collect. freight and sec the cargo on board the ship. The captain.insi ed on the owner's name being insert-party ae agente in Singapore.
Certain precautions were made with regard to the cargo and witness and Mr. Varawa saw the ship off at Bhanghai. On arrival at Singapore the captain fused to take cargo and made onerous demands. After consultation a telegram was sent telling him to load cargo as per charter party. Moro telegrams came from Singapore, and Messrs. Carlowitz Ca., Shanghai agents for the owners, communicated with witness and Mr. Varawa, After consultation another telegram was sent to the captain by Messrs. Carlowitz telling him to carry out the instruc. tions. Mr, Varawa would not give in to the outrageous demands of the owners, The matter was eventually allowed to slide. The matter afterwards went to arbitration and the claim of Ginsburg & Ca., was included. Before Mr. Varawa left Shanghai he told witness that the matter was still hanging fire. On the name day witness and Ginsburg & Ca., filed claims against Varawa in the Russian Court, Witness claimed his half as remuneration and obtained judgement. There was an appeal and the Legation at Peking quashed the decision. In 1905 witness got a sual advance from Varawa, a little short of £500, for two verse He was not asked to pay anything until 1910. He had been here all the time and Mordncovitch had also been here. Witness had often conversed with him, but he never made any claim and never gave witness the slightest intimation that he was under any liability. He nai he would collect it from Varawa and witness said: "Yes, will you, but I am not responsible for it." Witness had told him that in his office and in his re. sidence and it had always been a matter of surprise to him that he should have started these proceed-
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