Shanghai, Sept. 21.
Stating that he was removed from the command of hig ship, the s. St. Vincent de Paul, following a complaint by the chatterers of the vessel, the Tai Chang Cheong Steamship Ca,, to the owners, Capt. Charles Turner stated in evidence at H. M. Supreme Court yesterday that -the cause of his being relieved of his command was the fact that he had refused to sanction opium. smuggling an board his vessel, and because he had complained of being sent to uncharted ports, and of overloading. We also added that he had discovered 1 cargo of machine guns on the ship Just before sailing and that he had dumped the firearms ashore. These facts, he alleged, had displeased the charierers, who had refused to pay him bonus and had caused his moval from the command of the vessel.
Capt. Turner was giving evidence before Judge P. Grant Jones In the action in which he is sued by several members of the crew of the s. St, Vincent de Paul for $1,132, which, they allege, is due to them by way of bonus and which, they further state, he received from the charterers but did not distribute according to an_ agreement.
Ins. KO, Newman appeared for the plaintiffs and Mr. Ranald Me-Donald for Capt. Turner.
Evidence was given by the cashier of the charterers that Capt. Turner was pald bonuses of $600 on January 22, 1998, February 25, April 7, June 10, and July 20, 'A sum of $1,200 was handed to the captain of the'ship on May 9, making a total of $4,800 with the first bonus which was pald on November 18, 1937, Witness understood that $200 was for the captain and $400 to be divided amongst the crew, Papers relating to the payments alleged to have ben made were then handed to the Judge, who remarked the charterers' were described as Customs Brokers Mr, Newman replied that the company did a tte shipping as @ side-me.
Cross-examined by Mr. McDonald, who stated that it had been given in evidence that certain monies had been handed to Mr, Hang, witness replied that the latter gentleman had gone to Ningpo, and not to Hankow, as had been suggested by Mr, McDonald, Koo Chungi-sul, general manager of the charterers, who attended to give evidence on subpoena, said that he chartered the St, Vincent de Paul on November 20, "1087, They were under no obligation to pay bonus, he stated, but he had told the captain that if he looked after their interests: they would pay a bonus. This evidence was struck out after witness had given evidence of paying $600 on November 18, Inter ddding that he was not in Shanghai on November 11 Mr. Hang, he added, had paid the onus on November 1
Witness added that he had made four payments himself to Capt, Turner for five months, They had received four statements from Capt, Turner, who controlled the right of Gistribution of the money. He had not the right to Keep the lot, however; some payments would have to be-made to the crew.
During cross-examination Koo slated that Mr, Hang went to Ningpo on Monday, to which Mr, MeDonald replied "Very convenient," Witness then added that he had sailed at 11 p.m. on Monday night, Mr, MeDonal replying with "More convenient stil, Witness denied that he had' not niven instructions for a bonus to be paid {o Capt, Turner and added, have chartered more than ' fifty steamers in one year and we have
this, ever experienced any trouble Ike Mr, MeDonald—Were not you dissatisfied with Capt. Turner because he would not allow overloading on the deck?—No.
Did you not dislike, Capt. Turner Leeause he would not close his eyes to opium smuggling?—This is a lie. Ask the captain to prove in evidence Where the opium came from.
Did you not recommend a compradore named Chang to be captain end did you not dismiss Chang for opium smuggling on Capt. Turner's protest?—Mr. Chang quarrelled with Capt. turner, Did Cupt. Turner refuse to carry machine-guns to Wenchow?—Has he iny evidence to that effect? I will sue him for damages, There was no such thing.
Continuing his questions Mr, Me-Donald asked if machine-guns had not Mr. MeDonald—Did you not know {that tie captain had complained the British Naval and Consular thorities because of the seizure of the ship at Shaoyangho and were you not annoyed because the port was closed and a profitable trade' stopped? T heard of this report but the port was not closed. Were you or your rin responsible for dismissing Capt. Turner and the whole of the crew on August 6?—The dismissal has" got nothing to do with us. It ix the owner's job.
Tu answer to a question by Mr. MeDonald to the effect that Capt. Turner had signed blank manifests on witness's request, Koo stated that Capt. Turner sometimes "signed a blank manifest because he came great hurry. He admitted that Capt, Turner had threatened to sue for bonus for work done at Tientsin and that he had received a lawyer's lette Mr. MeDonald submitted that there was no case to meet as there was evidence of any monies being received fat all except those admitted and which were distributed, there being! Jactual evidence of payments by the defendant to the plaints, 'After Mr. Newman had replied, the [Judge stated that if he was to decide fat this stage whether there was a lease to answer or not it might take month and therefore it' would be better for Capt, Turner to occupy the witness box.
Capt, Turner was then called ana stated that he was captain of the St. Vincent de- Paul from July 28, 1937, to August 6, 1938. On November 18, Ihe "went on, the ship was at sea fand he had made 46 passages for the charterers.
The whole trouble with the char-fterers was opium smuggling. Two personal friends of Mr. Koo, he stated, were employed in that trame Jand by his efforts were dismissed from the crew. One was a very high [Chinese member of the crew who styled himself "Chinese Captain,"
'Adding that he complained to save his owners from a heavy fine, Capt. [Turner stated that the so-called Chinese captain was Chang the compradore, was considerable {trouble about heavy deck cargoes, he Jcontinued, because they insisted' on Jputting light cargo underneath and fron on, deck. "I complained. con-Uinually," said Capt. Turner, "but they used to make my chief officer drunk Jand load themselves, and when I came back I had a top-heavy ship to take sea." Witness also carried out [special piloting such as carrying wood from 'Taku Bar to Tientsin for' the [Japanese military forces.
Mr. Newman—That is the reason why the witness (Koo) did not want to come here:
He added that he took the ship to uncharted ports, which was most unusual and dangerous and on several Joceasions he ran grave personal risk when he was fired upon. He had saved the charterers quite a lot of, money by catching the tides at various ports and he had given the crew his own money as bonuses, The witness Koo had paid him money for himself, but not for anybody else. He had never received a bonus from the charterers "and. the money he had handed to the crew had been given to him by the Tai Chang Cheong Steamship Ca. "He was given twelve hours in which to resign by the owners, who stated that it was! Jat the request of the charterers. Excellent testimonials were given to Witness then went on to state that he had received a gratuity of $400 from the charterers on four occasions and $200 on each occasion as pilotage money. 'The first occasion' was on December 15, the second on January 2, the third on January 22, and the fourth on March 29, these payments being made in the offices of the charterers. On May 9 he was paid 8 sum of $600 by the cashier, which consisted of $200 for Whangpoo pilot tage, $200 for Haitung Straits pilot. ing," $50 for Sanpwan piloting, and $150 to be held as a gratuity to be given to the people at Tsingtao who would supply them with" bunker coal. He denied having " received $1,200 on May 9.
Phe case was then adjourned unfit 10 am. today.
Text read from the printed page and cleaned; old type leaves the occasional error.