the latter port and the Captain had been instructed by telegram from England to proceed to Hongkong and consult the Authorities and if necessary prosecute the men for refusal of duty. He had accordingly instituted the prosecution.
3.
The Harbour Master in his capacity as Marine Magistrate tried the case on the 24th October. The evidence taken was to the effect that until the telegram was received at Labuan, the Officers and crew had no knowledge whatever that the coal was intended for a belligerent port and were under the belief it would be discharged at Manila. The Articles of Agreement pledged the men to proceed to Manila and/or to any ports within 75° North and 60° South, but the contention of the men was that had they been aware that they would be required to carry contraband to a belligerent's port, which had never even been hinted at, they would not have signed on.
4.
Under these circumstances and in the desire to avoid further local decisions which would embarrass His Majesty's Government, I telegraphed to enquire whether the Law Officers of the Crown had given legal opinion in connection with a case of this description and I requested the Marine Magistrate to postpone delivering his judgment until a reply was received. I have received no reply to my telegram.
6.
On the 28th ultimo, however, the Master of the S.S. "Bawtry" asked permission to withdraw the charge and be allowed to send the men home as Distressed British Seamen. This latter arrangement having been sanctioned in the case of the "Inkum" was agreed to in this case and the men, 17 in number, are now in the Sailors' Home pending arrangements.
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