I decided that the fact that the ship carried contraband was no excuse for the crew's refusal to proceed to Japan. The Court forfeited the crew's wages and discharged them from the ship.
Action against the vessel.
It was stated that the ground should have informed the crew that the vessel was carrying 659 tons of contraband pending the Seamen's appeal, but they did not do so. The Appeal was unimpressed by the claim for wages pending the outcome.
In the case of S.S. "Cheltenham", see Police Tunes of 10 Sep, where the Court upheld the claim for wages made by a member of the Grand Crew of the captured vessel.
In view of the pending actions, it was not expedient to express an opinion. The Magistrate must use his discretion.