BEFORE THE PRIZE COURT

Dominion, Volume 8, Issue 2335, 17 December 1914, Page 5

BEFORE THE PRIZE COURT

THE ZAMBESI CASE (Reo, December 16, 10.30 p.m.) Sydney, December 16. . In the Zambesi case, now before the Prize Court, counsel for tho Commonwealth argued that tho Phosphate Company and the captain of tne Zambesi should hav4 insisted on knowing exactly the nature of the.dispatches they wore carrying before allowing the vessel to bo chartered. . ..' ; Counsel for the charterers .submitted that there was nothing to suggest complicity between their agent aud the German Government. Counsel for tbo owners of the Zambesi .contended that,the case was unique. ;■ It would be an astounding thing to hold that a British vessel chartered at a time ivhon 'tho agcnl; and captain had no knowledge of tho existsneo of war should lie condemned.

The Prize Court is hearing an application from the Commonwealth Government to have the ship Zambesi and her cargo—captured' bv the warship Encounter off Rabaul —declared to be n lawful prize. The petitioner's claim snts out tli.it the Zambesi was n Brit-ish-owned vessel, unclor charter' to tlio Pacific .Phosphate Company; that■ -nn August 6 the master of the ship rcrnjyecj (.hrijtlgli |.h« !!g(ii,itN fur tho vpm» paAjj aad on bebatf cf tie or^

dere to proceed from Naura Island to Rabaul with the agent of the Kaiser* (who was carrying important telegrams m relation to tho war), and on arrival at Rabaul to hold himself and his ship at' the disposal of the .German Government; Respondent's case declared that at the time of the departure from Naura, the agent of .the charterers of the Zambesi and her captain were not aware that war existed between' Britain and Germany. '