CO885-9 — Page 170

PUBLIC

RECORD OFFICE

Reference :-

C.O. 885

9 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED, PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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to their Consul for such action and assistance as he might see fit to take and afford them.

11. Nothing further transpired, until the evening of Friday the 21st, when I received a communication from Mr. William Newton, K.C., Member of the Legislature, a copy of which together with a copy of my reply acknowledging the receipt will be found, in their order, amongst the enclosures.

12. On the evening of the following day, Saturday, the 22nd, I received the German Consul's letter of that date giving cover to a document signed by the agents, Messrs. Blyth Brothers, and countersigned by the master, protesting against the Government, holding them responsible for all losses which the ship may have (sic) or will incur through their action in stopping the coaling, and insisting on the Govern- ment authorizing the agents to give the vessel at least 600 tons of coal to enable her to proceed to the nearest port on her route. On the morning of the 23rd, Easter Sunday, I had the honour of receiving your telegram dispatched the previous day, and having consulted the Procureur General on the above communications, I instructed the Colonial Secretary to see the German Consul and to hand him the reply of the 24th April, which will be found in its place in the enclosures herewith, and from which it will be seen that I stated that my refusal to allow the completion of the coaling must be maintained unless I was furnished with a declaration, as therein specified, with regard to the orders issued to and the conduct of the vessel during her present voyage. These instructions were carried out on the same day, although it was a statutory holiday, and no public offices were open, with the result that on the following day, namely the 25th, a letter was received from the Consul giving cover to a declaration from the master to the effect that the vessel had not received any. orders during her present voyage from Antwerp from any persons in the service of either belligerent nation, that she had not been in attendance or practically under the orders of either belligerent Power, and that the coal applied for was not intended to enable her to join either such fleet. The Consul, however, was unable to endorse this declaration, and a further letter from him transmitted a statement from the agents stating that all they knew about the vessel was that they had been advised, on the 11th April, by cable from a firm in London, that the vessel was about due at Port Louis and that she would require 900 tons of coal, and that they had been instructed to draw for the cost on a firm in Hamburg, and that the master had orders to proceed to Saigon.

13. In view of your telegram and the previous instructions, there appeared to me to be no means of satisfying myself as therein instructed. In fact, there was nothing to satisfy me that the vessel had received orders from, or had actually attended on, any Whatever my ship of war of either belligerent; and there was the master's denial. suspicions, therefore, in the matter, whatever the doubts which might have arisen, and however clear might have been the intention of the owners and master, I was not, having asked for and received your instructions, in a position to maintain my refusal to allow her to take in sufficient coal to fill her bunkers, on the ground that I was satisfied in the terms of these instructions.

14. I accordingly gave directions that the coaling might proceed, and on the 26th April letters were addressed to that effect to the Harbour-master, the Collector of Customs, the agents, and the German Consul. This was done, and the ship, having received, in all, 600 tons of coal, cleared for Saigon on the 28th April.

15. On the following day, namely on the 29th, I received from the German Consul an extended protest from the master of the vessel containing a claim for 27,167 rupees, and on the 1st current a further claim from Messrs. Blyth Brothers, the agents. To each of these communications, on the advice of the Procureur General, a simple acknowledgment, "without prejudice," was returned.

16. I would add to the above that, on the 22nd April, the master of the vessel asked through the Consul for the services of two police constables on his vessel to keep order and to prevent undesirable persons from going on board, which request I readily granted.

17. As I thought that the original statements of the men who left the vessel would not be in sufficiently legal form, or admissible as evidence should it be possible for any action to be taken in a Court of competent authority, I requested the Procureur General to obtain these statements in affidavit form, and in the final enclosure herewith will be found a copy of what they have formally stated on oath before a Judge of the Supreme Court.

18. The foregoing, although I fear it is somewhat lengthy, is as succinct a record of the several occurrences as I can furnish, and although marked Secret, inasmuch as it embraces references to communications of a like nature, contains nothing that need so be regarded, should it seem proper or necessary to make more public use of it.

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19. I would, however, in conclusion, and in confidence, state that the whole matter has received the unremitting care and attention of myself, and of the Colonial Secretary and Procureur General; and that, in consultation with the latter, I have acted throughout to the best of my judgment in my endeavour to carry out the instructions which I have received for the conduct of a case which I venture to think is one of considerable difficulty; and I would add that the communication of Mr. Newton, followed, as it has been, by numerous articles in the public press, many of which embodied, and enlarged upon, his views, and several of which openly stated that I had refused to take his advice, and, by my obstinacy, had rendered the Colony liable in a large sum for damages and demurrage, has not tended to lessen that difficulty.

I have, &c.

CAVENDISH BOYLE.

P.S. Since the above was written I have received from the Procureur General a Memorandum of his observations on the case, which I have added to the enclosures transmitted herewith.

May 6, 1905.

19351.

SIR,

No. 178.

COLONIAL OFFICE TO FOREIGN OFFICE.

[Answered by No. 189.]

C. B.

Downing Street,

June 10, 1905.

WITH reference to the letter from this Department of the 1st instant, I am directed by Mr. Secretary Lyttelton to transmit to you to be laid before the Marquess of Lansdowne, a copy of a despatcht from the Governor of Mauritius, forwarding correspondence and documents relative to the treatment of the German steam-ship Juliette," and to state that Mr. Lyttelton proposes to approve Sir C. Boyle's action in the matter.

20314.

No. 179.

STRAITS SETTLEMENTS.

I am, &c.

H. BERTRAM COX.

GOVERNOR SIR J. ANDERSON TO MR. LYTTELTON. (Received 9:30 P.M., June 13, 1905.)

TELEGRAM.

(Paraphrase.)

[Copy to Foreign Office, June 14, 1905, 20248: not printed.]

27

THE Dutch steamer "Flores" was met off Diamond Point, Sumatra, by the Russian cruiser "Dnieper," which handed over to her 78 bags and 1 case of mails, and 41 Chinese, members of the crew of the "St. Kilda" of Liverpool, which is alleged to have been carrying contraband from Hong Kong to Japan. "St. Kilda reported sunk about 10 days ago by the "Dnieper" which still has on board the European members of her crew. The "Dnieper was seen passing Pulau Pisang, Malacca, bound westward on June 10th. When the Chinese arrive, I will obtain their

statements.

It is reported that two destroyers passed here westward bound last night.

⚫ L. F. transmitting copy of No. 175.

↑ No. 177.