Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-03-10
GERMAN CAPTAIN GIVES STORY Of
Word TODISABLE SHIPSNu.S
A. Yes,
JUDGE Gives Order

Judge Gives Order
After the conclusion of the expert
testimony there was considerable legal
argument, and at 1890 Judge Morton
made his decision, subsequently put in
the form of an order.
This was that il within three days
the steamship company should file an
absolute bond for 100000 to repair
all damages done to the ship since It
came into custody OF the court, and
should further within the same time
make satisfactory stipulation to defray
all expenses OF custody and maintenr
ance of the ship under the marshal
then on Saturday, March 3, the court
would hear arguments on the merits
of the case.
This will turn especially on the ma
ture of the claims of the libellants and
to the size of the bond necessary to
meet them, and whether, with such
bond given, the vessel should tbe re-
leased from the custody of the court.
Libellants' brief should be filed by next
Saturday. the reply to it by the We'd
nesday following,
Sale OF Ship ls Alternative
If, however, the steamship company
does not comply with these require
ments in the time specified then the
court next Wednesday will order the
sale of the ship.
For the company the argument was
made chiefly by Judge Noyes, whose
principal contention was that the dam
ages complained of by the libellant, the
failure to profit by the sale of foreign
exchange at the rates at the beginning
of the war because of the non-delivery
OF the bullion. were speculative and
non-recoyerable.
Mr.. Kinlin presented his objections
to a fortnight's postponement sought
by Judge Noyes. There were peculiar
circumstances in the case, the result
OF our relations with Germany, he said,
There was likely to be complete rup-
ture and his clients were anxious to
have the matter determined as soon
as possible.
In the event of war the Navy De-
partment might take the ship out OF
the courts custody and it might be
sunk or damaged and leave as re-
course only an application to congress.
Or in time of high tension some fan
attic. believing he served either Ger
man, Allied or American interests,
might destroy the ship with a bomb.
Considers Owners in Contempt
The court here intimated that he
considered the shipowners. by reason
of the damage done to the vessel while
| in the custody Of the court, were In
contempt, and so not In position to
be heard. He declared that IL $780,
1000 bond is not furnished within the
next three days to cover the damage
recently done by the ships own crew,
he will order the sale Of the vessel on
the petition.
Mr.. Kinlin argued further that the
North German Lloyd's relations with
the New York banks had been such
that he knew what the bullion was
wanted in London for without any
specific information. The libellants
wished to be freed from the heavy ex-
penses of maintenance, the more If it
should prove that their recoverable
damages were slight. On the other
hand, there will be no question OF a
ready market for the vessel.
Judge Moves brought out the fact
that the lawyers had been trying to
communicate with the North German
Lloyd people in Germany, but that the
wireless company, after reporting that
the message had gone to the navy
tcensor, had repeatedly informed them
it had not gone through.
Mr.. Larocque tried to explain away
the unfortunate incident" Of the de
struction of machinery. It was evi-
dent, he said, that general order had
been issued, with failure to distinguish
between the status Of this vessel and
that of the others. Then the court in.