SHIPPING.

Otago Daily Times, Issue 3256, 13 July 1872, Page 2

SHIPPING.

PORT OH^LMERS^-iviiT 12, %-; Wicd U.K.", fresh breese, Wo^hwcold; dull, clonrly. Hi«h wafer on' the 13th ? July t —At tbi H<iklß, 7AS,i dfob Chalm«w, 8.18; Duncdin, 9.3. '. 'H, , '.' \ /

Albion,».».. 59T*tott», House, from Oamaru. "" Balgety. Nioholft. and Co., agents Passenger* : Mr and Mm Hayman, child, and servant, Mi« Payman, iivannf Grevilie and Ostler. Phoebe, (?.s., 41C tons, Wenp, from. Wellington and intermediate ports. J. Mills, atfent. Rurtciiger* : M«Mr» Thomson, WebBier, linric, TonitiuU, X«H, Tlioruhill, Connor, Bo;irc:iier, Driver, Cuzner, Meek, Gal-, braith, M Donald, iuu\ 1 in the utcerAge. Ket<;h, KiippMiui Flying Bquirrel, from HiverUjn, pa*«t4 up. oEPAirruriES. Beautiful Btar, s.s., 125 ton», Hart, for Bltiff Harbour. .1. Milbi, agent, Paaeengcrs: Mr Tait, itnd S in the HUjernjze. 'Emulous, brigantine, 157 ton», Paterawn, for Bluff Harbour. G. S. Brodrick, agent. Albion, ».«., 501 tonw, House, for Melbourne vift Northern and West Coast i»rts, Dalgety Michol«, and Co., agents. Passenger*: Mr.and Mrs Palmer,' Mr and Mrs Campbell and servant, Hi« Honour, the Superintendent and Master M/icahdrew, llev. H. Murray, Mewnn F, Boyett, Fairmau, Andereoi), 'Fcnwick, Mr and Mr» Braduhaw, Mrs and Miss Cargill, Captain Fraser, Mr and Mrs Thomson, Dr and Misa Bdcnahan, Mc»sr« J. C. Brown, M/Glasban, VV. Fraaer, Bmythiew, Lisk, T. 0. JphiMoa,. Quick, Rutherford, ■ Blackadder, Misses Hollis, Morse, Walcott, Rev. Mr Benson, Measra Tobin, Suphenson, and 3U in the steerage.

CUSTOMS ENTRIES.

rifWABDS.

July 12.—Rennlt, 14 tons, Kelly, from Waikouaiti, with cargo. Master, agent, Phoebe, 416 tona, Worap, toiu Lyttelton, with cargo. .}. Mills, agent. Albion, 501 tona, Home, from Oamaru, with cargo, Dalgety, Nichols, and Co., agente. , , , Flying Snuirrcl, 19 tona, Irancis, from Riverton. U. S. JJrodlrick, agent. OUTWARPfI. " July 12.—Albion, 591 tons, Rouse, for Lyttelton, with cargo. Dalgety,: ;Niohols, and Co., agents. .-., ■ Defiance, 22 tons, Burk, for -Kakanui, with «irgo. Keith 'Ramsay, agent. IMPORTS. : Per Flying Squirrel, from Riverton: 220 bags, Brodnck. EXPORTS. Per Defiance, for Kakanui : Lot coal, G G Russell aud Co ; 4 eases, Straclnan Per Albion : For Lyttelton— i casks, James. For Wellington —104 laaoks. Anderson and Mownt; I case, Gargills and M'Lean ; 3pkg«, N.Z. I; i«. Co. For Nelson . —2 parcels, Fi'»her. For Hokitiko— 2 cases, Rcany ; H pkg.% Briscoe and Co. Fdr Greymouth—l box, Lange and Thoncman. F*or; Melbounje—.'l-l bak-a, Quick ; 4caskn, M'Donald ; 40 bags, Harj)cr and Co"; 1151 do, Anderson and Mowat. I

SHIPPING TELEGRAMS. (FROM OUIt OWN CORRESPONDENTS.)

Auckland, July 12th. Arrived —Nevada, p. s.,'from the South ; Cleopatra, from Oamaru. Hrw, Plymouth, July 12th. Arrived.—Wellington, s.h., from the Manokau, 10.30 a.m. Sailed.—Wellington, a s., for Nelson, 5 p.m

Gkkvmouth, July 12tlu Sailed.—Tararua, h.s., for Nelson ; Sarah and Mary, brigantino, for Melbourne.

The 8.8. Albion returned from a special trip to Oamaru at an early hour yesterday ■morning, and Bailed for Melbourne, via Northern and West Coast ports, in the afternoon, with a large number of passengers, including several M.H.R.'s and the remaining portion of the Armed Constabulary^ ? . The ».s. Beautiful Star, sailed for the Bluff at 0.30 p.m. yesterday, with cargo, and passengers. A ketch, supposed Flyiag Squirrel, from Itiv-erton, passed the Port at tt.3o a.m. towards Dunedin. •

Tho 8.8. Phoebe'left Wellington on the Bth mat. at 5 p.m. against a strong southerly •gale and high S. E. sea, in consequence of ■which she did not arrive in Lytteltoii till 9.30 p.m. ou the 9th; sailed again on the 10th at 1.30 p.m. with a strong southerly wind and head sea; anchored in Oaoiaru roadstead at 10 a.m. on the 11th. The heavy surf rolling in ■ prevented her from loading more than 30 toim of cargo. Left at 0 p.m. and arrived in harbour at 7.3Q a.m. yesterday. Wo thank Mr Pringle, her purser, for files. Tho Phoebe sails again to-day for the North. \ t-

The ship Napier ia now 92 (Lays out from London, and the Wave Queen 77 days oufc from Bristol. Both veascla may be daily expected.

THE BARQUE PROSPECTOR, OF PORT

CHALMERS,

A Japan paper gives the following report of a case heard at Yokohama, in H. B. M.'s Supremo Court for China and Japan, before Mr Acting-Assi»tant Judge Hannen :— In this Court (on Febrnary 7th), in its Admiralty jurisdiction, a-plication was made, under section 304 of the Merchant Shipping Act, by James Duncan, owner of thirty-five shares in the British barque Prospector, calling on the master of the barque to uhow cause why he should not be removed from tho command of the Baid uhip. Portion of the evidence waa heard and the case waa adjourned till February 12th, when it came on for hearing again Mr F. V. Dickiua appeared for Captain Jamea Duncan, and MrG. W. Hall for Captain Black.

Mr Dickins opened his case by calling James Dnncan : lam a master mariner. I am 35-C4th owner of the barque Prospector, duly registered at Duncdin ; tbe eight shares held by Mr Thomson were transferred to me. I have known the defendant about four years ; I iirat employed him by my agent on the coast of New Zcnlaud. Capt.iiu Black took command of the Prospector, in March, 1809. At that time she was plying between Valparaiso and New Zealand. Captain Black was to correspond respecting the barquo With my agents. During l'Sb'J he remitted £400—that was on his return from Mauritius ; ho did not draw upon me that time, but used to correspond. Jn 1870 1 ordered him by ''word of; month to lay the : vessel on for Hong Kong. It was clone. 'At that time 1 recommended', him by Martin and Co., to ao to Giibb, Livingstone^aud Co. as agents, uut he did not do so; he went to, ■ Rozario and-Co. -Just befora-lie star ted for Hong Kcmgi recojvpd an account from him. At the timo of the skip leaving New Zealand ehe was not in debt. * Captain Black was in debt to tho owners, by his accoiiut, to the extent of £402 7s on the Ist January. That .sum is-still owing. From the date of the. ship's arrival at Hong Kong to the present time, I have received no accounts whatever, except »v average statement. • When he left ho received strict instructions to return to AiistraJia direct from Hong Kong ; tho orders wore givon by me to him verbally. Ho went to Hong Kong but did not come back; ho knew I had other employment for her in the Colonies, and that ho had to come back. I have communicated with Captarn Black during tho time, H transmitting eomo orders to him which he ha» disobeyed. He has written me letters, but infnone of them has he questioned my authority. Captain Block wrote mo in a letter that he could not get back owing to the loss of some of "the maste of the ship. It was after he gof ttf. Hong Kong he lost the roasts j he made, #nd, gent average,.;there were? no vouchers 'aior stamps to verify "the loss. The coneequence was I lost my insurance, as the company would not award tho damage done, •

This i» one of the examples;' of his irregular yroce&Ungß. (Some letter* were hepie'.^«»d-'| by thmCoHnsd from defendant, to plaintiff, < to slio^the irregakr conduct of Captain Black.); Since my arrival litre iii Bccembcr last,* !■»* have been in commonicAtfon with Cap|a£fci BlackjTvho arrivedhere three week*; jago-.^ Xmet^im^by appointment on shore. I askld him "Why be had not'brought the vessel down to Australia, and what ho had clone with the proceeds of the freight, &c? fie said lie would show me the accounts. I wen fc o"n board fflr that t»urp6fc6, bat no accounts were nhown. t lie. o t nly pointed out tame alterations ,; in the Hliip, I, T objected, as such were not required ; he had no authority to make such alteration* *, he a#ked then' for-* tnc-: accounts to stand over bill the next day. KnifHcr and Co. w«rc the agents here under the charter from Swatow. Nothing further took place. thi* day. I went the next day, when the accounts were refused; he said I rnu«t show my ownembip. I offered him proof of that. He replied he would have nothing to do with it- Nothing further passed at- that interview. I then took legal advice. I I wout on board witii a friend, when Captain Black threatened to turn us off the sliip, on the ground, he said, that I had no right there. I told him to be careful what he was doing, as he knew I was his owner, ; I stopped on board all night, and repeatedly asked'for the chip's accounts. 1 made a L definite demand in writing for the accounts. I wrote an order then that the veßßel*n|ußt prococid to Hong Kong. No answer was; received, from Captain Black to my order. ■ Four days after his arrival here, I showed him the register, which he treated with Contempt. I represent the interest of Jtlic other? two owners, Mows Carrick and Martin, and have in my possession orders from them to Btiper»ode Captain Black in command of the vc««eL I have had dnly ! £250 remitted me since the vessel left New Zetland. No accounts were sent to ahpw to what it belonged—nothing more has been ' received. ,

Cross-examined by Mr Hil]: I originally owned two.-thirds in the ship. My agents placed Captain Black in charge of the ship. I think .bo mast have been aware of the fact that they were acting as agents for ing, Ibought the ship and paid for her, I was noted a» sole owner on the register. Mr Thomson had an interest of one-thipd in her, I gave it to him. My agents, ft. B. Miirtin and Co., directed the voyage of ihe *ihip by my orders, and «uch; orders were to be taken by htm unless I had given otbera contrary to them.. These orders were verbal. I have sent orders on to China to him ; they were in writing; and all told him to bring the ship back again to New Zealand as hood as. possible. Captain Black, by a letter produced, acknowledged having received these orders;. I have a copy of a letter now..read telling Captain 'Black' to return to the Colonies as quickly a» possible. I have another copy of a letter that I sent to Gibb, Livingstone, & Co. to act for me. I do not know that ray agent* have given Captain Black instructions to sell the ship. It. B. Martin and Co. liad l-3rd interest in the ship when she left Duncdin. I produce a letter from I Captain Black acknowledging the^receipt Of ! ury letter* sent to him from the Tijifi. Capt. Bhvck told me the ahip was in debt. He has never drawn on me. I read to him the authority on which I was to take com- | mand. I read it to him in the street. I did \ not refuse to let him »cc it, or bo fold it that j he could not see it all. He said he ignored I myself and the document. 1 liad been on | board the ship previous to; showing him this, ■ Capt. .Stewart went on board with me. I, was not received respectfully—quite the re- j verse. I drank nothing on the ship. Capt. Stewart pat a botlblo on the tahle out of his pocket; this, was about 9or 10. Cant. Black j took hold of the bottle and pitched it over- J board. I showed him no documents further lihan before mentioned. "I have not told him I wished to assume command of the ship. He told me on arrival he was bound by his charter to go to. Kobe within 24 j hours' notice. The last letter I have received from him ia dated July 2Cth. Nothing has been ahowja for the earnings of the' ship for j two years, with the exception of £250, and \ of this :no/account was ; given. He fully j understood that he was'to. remit to me, and not to the agents. I think one letter came from Mr Morris, who was acting for me to Captain Black. It was to bring the ship back. lam most anxious to see what has] been done with the ahip during the last two , years.

<<■To Mr Dickins "i Wheft Captain Blaok was transferred to the Prospector he was aware that I was an owner of two-thirds of her, ; and he was appointed through me. Messrs j Martin only acted in my absence. Captain J Black was aware of this. Messrs-Martin ! and Co. could not give power to Captain I Black to sell the lihip. t gave him a letter if he could get£2CoO to sell her, and I would then get the •■proper documents signed by all interested. Without the papers signed by ■ all, he could not effect the sale. I wrote to,} Captain Black '> and told,him that he must render his accounts to me.; Captain Black, always wrote that she was coming back to the Colonies. Mr Morris wrote to the same effect as Messrs Martin and Co., namely, to bring the ship back. I wished him to settle up with mo here before I gave him any orders about returning to the Colonies from this port.

To, Mr Hill : Captain Black never offered to go* with me to the Consulate and produce 1m accounts. '>-■■■■ <■■■ i • .-.< '.

Captain Wjn. Black sworn, to Mf Dickins: I have been, in the merchant serVice 18 yeani. It happeEia at titnes. that a captain may dispute the orders of her It is usual for a captain to prevent apart owner from (joining on board. .Sometimes one jKirtiicr is 'managing owner of the ship. John Thomson, one of xhe owners, engaged me in Dunedin. JHe gave me my sailing instructions. :,1 waa not aware that Captain Duncan wan interested in the Creaijof tho Wave. John Thompson was managing owner of Prospector when X was appointed. < Captain Duncan was in,JNew Zealand when I was appointed. I never questioned John: «Thofl&son,-B right to appoint me as captain, -He took me down to the Custom House, and. had my name put on the registerj Captain ')uncau's name was on tho register/ I fully Ithotigtifc that John Thomson.':- was lnnnagiug owner. I do not think that Captain Duncan owtj« 35-6'ltlis of the^hip. Ido not know who my owners arc now, and that is tho reason why I have given' no' accounts. If I know who were owners I would! render them my accounts, which are all ready for inspection. Ido not know who were my owners in IS7O or 1871. I wrote to Capfc. Duacau, ,aa I thought,he had a share in the ship. The money I sent to (Japt. Duncan might have been partly th")' earnings of the ship, and partly the proceeds of the tanks that were on board, that I sold. If Capt. Duncan' had been managing, owner, i I should, have sent him ( my accounts. I 'have received' only 'three letters 'since I left Dimedin; my orders on leaving for j I Hong Kong. were to sell her if I could get a good price, failing this to employ' her on j 1 the coast, but they would prefer me to re- ' turn to the Colonies, if possible. The limit ! was, £2600, for, which I might hoU her— ' tbifltJ instructions' were given to me by Capt. Duncan. I had verbal orders from] Messrs I Martin and Co. No legal instrument was given me so that I could sell the ship. I was aware when I left that Messrs Martin and Co. had a share in' the- ahip. } During 1870-71 I have been on the coast of China. The document he lias shown me does not satisfy me that he {Capt Duncan) represents i the owners, and I refuse to give up* the ship and obey his ordera, .orrehder," up; my accounts to him., I have received letters from New Zealand from'- friends, but only three from my owners. The barque is nearly fit fpr »ea, .arid it iai my, intention to! employ her bo the best of my abilities forth© benefit °ofthe©waenL'/V,<'*.?: :'.o > •.;*-'•': j. |.. Giptein JJteyart, trfroru: I remember I going on board" the prospector with? Captain Duncan. It was about a Week ago. ft was 8 p.m. I took" a bottle of brandy «mt of my pocket, on board and jjf\ i$ <p the table, and

went on deck. On coming down into the cabin the bottle was there. There were no glasses on the table, We did not driak any,' Captain Bl*ck called his mate and, told him to throw it overboard. I remained on iboaifd all night. Captain Black did notfoflfer u*a I bed or food. We slept on the locker*! ;S<"M conversation occurred daring which, JRatne high words passed. On leavingrtßWnexfc morning he shook hands witliJ"me;^faii|*|Dot' with Captain Duncan. Captain, BUjekfc? words were, ho would be d dif he would' ahowr-Mfr accounts. -He-wottld* go to ,tue Consul, but no one else. Mr Hill said he should only-call; Captain Black and his mate. One thing fie J wished to draw the attention of the Court to was that bis client was perfectly willing to hand over command, anil.give Tiis accounts in full, to any persons who would satisfy him"they were the legal owners, and at the same time would secure him against any proceeding that might ' afterward* be brought against him. for such transfer in New Zealand. '

Captain Black, cross-examined by Mr Hill: (Correspondence wag handed in that had been received by Captain Black since his departure from New Zealand ; aJUo the copies of some of his letters from China.) The Prospector is indebted to me close on £100. I have not heard that [my owners were dissatisfied with my conduct. I had a new mast put in the Prospector at Saigon. I have vouchers for all expenses regarding the repairs effected- A true copy of the certificate of sale would show who she belonged to, and all persons who had claims on her. This I think would be a sufficient document. I have chartered the ship since my arrival in this port. That is since Captain Duncan haa asked me for accounts. I have chartered for a voyage. Captain Duncan came on board at about eight o'clock one evening with Captain Stewart, and tried to push past me mto the cabin, fend said he was come for the accounts. I said 1 would do nothing unless wo went- before the Consul. He refused, and said the Consul had nothing to do with the matter. I remember Captain Duncan meeting me in the street, near Captain Winn's, and showed me a piece of paper, and read me something, and asked me if that woutd satisfy me. 1 said " No; come down to the Consulate." I asked to sec the power of attorney that showed bis power to go into these maters. I did not tell him when on board how,the accounts stood. I told him in the street that the ship was indebted to me. ] To Mr Dickins : It is usual, when it is certain who the owners are, to send accounts home to them. I could not leave China! as the ship was in debt. lam aware that ships that have left Hew Zealand after the time I left have returned to that Colony with fcargoea. lam not aware that the Insurance have refused to pay owing to my not haying sent the proper papers. My charter is from here to Hiogo, and from there to Hong Kong. I did not inform Captain Duncan of this, as I am not certain that he is at present part owner. , ': IL Brinkmayer, ship's officer of the Prospector, to Mr Hill: 1 was present during the conversation between Capt. Black and Capt. Duncan. Capt. Black refused to ackowledge Capt. Duncan as owner, but said he was willing to go before the Consul and settle the matter. • apt. Duncan said that the Consul would laugh at him if he came there to prove his title. Capt. Duncan showed no proofs of ownership on board. To Mr Dickins: I do not know if Capt. | Duncan went to the Consulate. Capt. Black spoke very quietly. The learned Counsel on both sides having summed up at considerable length, the AsI sistant Judge suggested that an arrange- ' incnt be come to on a basis nituilar to this :— i That the accounts be gone into before the liegistrar, and that a settlement be come to' | with Captain Black to resign the command ; I that he be paid any money due to him^ and be either taken to New Zealand as a passenger in the ship, or have his pa^ge paid. ' The evening now closing in/ an adjournment was made to the Judge's room, when the following arrangement was come to :-—- The accouhts between the owners \ and captain to be adjusted and settled before the Registrar of the Court. Captain Duncan to pay or secure to Captain Black any balance'that maybe due,io him.' The latter, . to. give apoomJj^ana.of the vessel to Captain Duncan, who will lake the' existing charter at 33,e©nt« per j>icul,,,to Kot»e and Hong Kong. Captain Black to have "a passage to New Zealand,' either; in,the Prospector or some other sailing ship ; but to pay costs of the case, assessedat 150dols.