CO885-9 — Page 169

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

9 PUBLIC RECORD OFFICE, LONDON

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19351.

(Secret.)

SIR,

106

No. 177.

MAURITIUS.

GOVERNOR SIR C. BOYLE TO MR. LYTTELTON.

(Received June 5, 1905.)

[Answered by No. 195.]

Government House, Le Réduit,

May 6, 1905.

IN continuation of my telegraphic despatches of 19th and 20th April, and of the 4th current, I have the honour to submit correspondence and documents † in the case Dunolley of the German steam-ship "Juliette," recently the British steam-ship Castle," as enumerated in the Schedule attached; and, in confirmation of my previous reports, to state as follows:--

2. The steamer arrived here on the morning of the 18th April from Southampton vid Antwerp, Port Saïd, Djibuti, and Diego Suarez. She left Southampton on the 10th and Antwerp on the 19th February, Port Saïd on the 9th and Djibuti on the 22nd March, and Diego Suarez on the 14th April.

3. On her entry here the Harbour-master duly reported her arrival, and asked whether she should be supplied with 900 tons of coal, for which application had been made, and which, according to the statement of the local agents employed by the master, had been ordered by telegram a week or more previous to her arrival, and which was, in part if not wholly, already in lighters for delivery on board. It may be here stated that the master had first declared his port of destination as Batavia, had subsequently, in his entry at the custom-house, stated that it was Tsin-Tau, and had also in the same entry declared that there were no British seamen on board agents employed by him, Messrs. Blyth Brothers, who were also the vendors of the coal, stated that he had been ordered to proceed to Saigon, and a telegram was produced to that effect.

The

4. On the same day I saw one of the partners of the firm, Mr. Chamney, with the Colonial Secretary and Harbour-master, and asked the first-named if he could satisfy me that the ship was not attendant on either fleet of the Powers at present at war, and that she was not taking orders from any officer in the service of such Power. He stated, and subsequently wrote, that the master had not received, to the knowledge of the firm, any instructions or orders from either of such Powers; and having con- sidered the matter, I directed the Harbour-master to visit the vessel, with the master's consent, and ascertain what quantity of coal had been brought here in the vessel, and what was her bunker capacity, and also to obtain the ship's manifest. The answers I received were that she had 450 tons on board, and that the bunkers would hold about The manifest 1,050 in all, also that the master had reduced his application to 600 tons. was produced, showing the ship's cargo to be a general one with a quantity of provisions, ships' stores, frozen meat, and Russian butter, the latter having been shipped at Port Said. There was ground for some suspicion in this, but there was no actual proof that the vessel had been in attendance on, or was at the orders of, the Russian fleet, and having consulted the Procureur General, I gave permission for the 600 tons, or rather for enough to fill her bunkers, to be placed on board, in order that the vessel might proceed on her voyage to the German port, which the master had lastly declared as being his destination, and this was communicated to the agents.

5. Very shortly after this decision and communication, the Harbour-master reported that, whilst he was on the ship, and during an altercation between the master and some of the crew, one of the latter had declared that the vessel was carrying contraband of war. Some of the men then came on shore and four of them went to the Colonial Secretary and saw him with the Harbour-master, making the statements, the purport of which has been already telegraphed to you, and which will be found in writing in the enclosures herewith, to the effect that they had only signed for a voyage to Port Saïd, and that they had been brought on against their wish. They declared that the vessel, in common with others, had been waiting for the Russian fleet at Djibuti, and that she had proceeded thence to Diego Suarez to meet some of that fleet, but had missed connection with them by some eight days: that the vessel carried contraband of war, and that they refused to return on board. I may here mention that these men

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had been allowed to come on shore by the master to interview the German Consul, and that they had seen that official prior to their waiting on the Colonial Secretary, and that the Consul had declined taking any action on their report, and request to be discharged.

6. On these statements being reported to me I sent again for Mr. Chamney, of the agents' firm, and the Colonial Secretary; I asked how much coal had been, or would be put on board this evening, and requested the former to stop proceeding with the work, explaining to him that the case had assumed a fresh aspect, and that I must withdraw my permission for the vessel's bunkers to be filled pending further consideration. Mr. Chamney thought that about 300 tons would have been taken in by that time, and he readily promised to give orders to stop the further coaling. It subsequently transpired that only 100 tons had been delivered and the firm was requested not to resume coaling until they heard further from me in the matter.

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7. In the meantime the four British sailors, who stated that they were without money or means, were allowed to have shelter and food in the Sailors' Home, and I proceeded to report the matter to you by my first telegram, which could only be dispatched early on the morning of the following day.

8. I returned to Port Louis on that day and saw the German Consul, with the Colonial Secretary and Procureur-General, and informed the first-named that it had been impossible for me to ignore the appeal made to me by the four British sailors who had come on shore, and claimed protection as such, and as being destitute: that they had been given food and shelter on that account and in order that they might not be left to wander about the town, and that they might be found whenever wanted. This had already been communicated to the Consul by the Colonial Secretary, on whom the Consul, with Mr. Chamney, and the master of the vessel had waited earlier in the morning, and when the last-named had said that he believed that the men were being harboured by the shipping authorities to his detriment. It had been added by my direction that this Government had not aided or abetted the men in any way and that any steps which might be taken to secure their return on board must be left to the persons concerned, and must be in accordance with the law and agreements governing such matters. They were further informed by the Colonial Secretary that the question of completing the coaling of the vessel had been referred for the instructions of His Majesty's Advisers, and that, pending a reply, I must decline to issue authority for any more to be taken on board. The Colonial Secretary had also replied to a statement of the master to the effect that his owners would claim demurrage, that the Government disclaimed any liability whatever as regards demurrage or other damages, and that if any claim were made it would be resisted by every means in the power of the Government. Mr. Chamney agreed and undertook to deliver no more coal pending further instructions. At his interview with me the Consul undertook to send for the master and ascertain whether he intended to take such action as the law might allow him in the matter of the men, or whether he wished to simply abandon them on the plea that they were deserters from his ship. The Consul also admitted that the men had been to him, and that he had told them to return to the ship, and had refused to discharge them or assist them in any way.

9. On the same day the remainder of the British seamen came from the ship, with two American sailors, and made a like appeal: their statements were taken, and a similar course was adopted with regard to food and shelter; and, later on, a written request was received from the Consul applying, at the instance of the master, for the assistance of the police to arrest and convey the whole number, twenty-four in all, back on board, to which request, after consulting the Procureur General, I directed the Colonial Secretary to reply as in his letter of the 20th April, and as already reported to you. The British seamen have remained on shore since that date, declining to return on board: a magistrate, to whom application was made for an order of arrest, has given his refusal to issue any such order, and I am informed that the two American subjects subsequently returned of their own free will to the vessel. I may also here repeat that the men all declared that the master had offered them double wages, here, if they would return and complete the voyage.

10. On the 20th Mr. Chamney and the master again saw the Colonial Secretary on the matter of coaling, when the last named stated that he had received no further instructions and that the matter remained in the same position as before; and he gain denied emphatically that the men were in any way being encouraged in their refusal to return on board. I may also here mention that issued specific instructions that only British subjects amongst the crew were to be given shelter and food as long as they were on shore and destitute, and that such as were Americans were to be referred

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