Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-03-10
"A. Yes.

Judge Gives Order
After the conclusion of the expert
Testimony there was considerable legal
argument, and at 1870 Judge Morton
4 made his decision, subsequently, put in
the form of an order.
I This was that II within three days
the steamship company should file an
absolute bond for 100000 to repair
eall 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 mainten-
ance of the ship under the marshal,
then on Saturday, March 8. the, court
would hear arguments on the merits
Of the case. =
This will turn especially on the ma
tuFe 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 be re.
leased from the custody of the court.
Libellants' brief should be filed by next
Saturday, the reply to 1t by the Wed,
nesday following.
sale Of Ship Is 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 Moves, whose
principal contention was that the dam
ages complained of by the libellant, fhe
failure to profit by the sale of foreign
exchange at the rates at the beginning
of the war because of the non-deliyery
OF the hullion, were speculative and
non-recoyerable.
Mr.. Kinlin presented his objections
to fortnight's postponement sought
by Judge Moves. There were peculiar
circumstances in the case, the result
OF our relations with Germany, he said
There was likely to be complete rlip-
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 1t 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 bomb.
Considers Owners In Contempt
The court here intimated that he
considered the shipQwners, by reason
of the damage done to the vessel While
in the custody of the court, were In
contempt, and so not In q position to
be heard He declared that If $780,
600 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 vessez 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 il it
should prove that their recoverable |
damages were slight On the other
hand, there viii 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 i
wireless company, after reporting that
the message had gone to. the navy
censor, had repeatedly informed them
it had not gone through.
Mr.. Larocque triedh explain away
the unfortunate ilf. M.pf the de
struction Of macbeney3 Der tsas evf
dent, he said, th91Iz slifLeo Il had !
been ISSUED. wjNof fba 81 rsh |
IS; J; %, :; Is, !