MaV t, 1895.] THE TROPICAL AGRICULTURIST. 727 
gineers of the " Mirzapore," and the water gradually 
pumped out of the vessel, the tide at that time 
having receded considerably. On the tide rising 
again at 1-30 p.m. the water found its way 
into the holds both starboard and port, the 
consequence being that the "Nizam" took a 
violent lurch inshore and the chopper or roof 
threatened to fall in and annihilate the crew en- 
gaged in removing the cargo. The steamer and the 
other flat were at once removed out of harm's way 
into the main bed of the stream : the "Nazim," thus 
left to herself without any support, righted again, 
then took a lurch towards the stream, and gradually 
slid off the bank into the deep water, the ropes and 
hawsers by which she was bound tearing out by the 
roots or breaking off the trees to which they had 
been secured. 
His Lordship went on to say that inasmuch as 
the truthfulness and honesty of the witnesses had 
been impugned, and it had been contended that 
the story on the face of it was untrue, he thought 
it f'ir to state that, so far as he had been able to 
observe the demeanour of the witnesses, . they had 
given their evidence fairly and honestly, and there 
was nothing to lead him to think they were tell- 
ing a preconcerted story or making statements 
which they knew to be false. It was true they 
had spoken vaguely and inaccurately of the details 
of the accident, but those inaccuracies were to his 
mind, from the nature of them, the very strongest 
evidence that the witnesses were speaking the truth. 
Their inaccuracies might fairly be explained by the 
lapse of time since the date of the accident and the 
fact that the witnesses had not had any opportunity of 
refreshing their memories from statements made by 
them, or from contemporaneous documents, relative to 
the matter, at or near the time of occurrence. The 
suit was filed two years ago, and was now being tried 
nearly three and a half years after the date of the 
occurrence. The fact that Captain Shields who was 
in command of the steamer, was dead, also added 
to the difficulties of the case. His lordship said 
he was satisfied that the nature of the injury was 
a rent 18 feet in length and 3 inches wide at the 
widest part. The cause of the injury was probably 
a sang, but the evidence that the sang produced in 
Court was the sang that caused the injury was ex- 
cessively slight. 
The important fact, however, remained that at or 
about the place where the injury was sustained, an 
obstruction was found the day after the occurrence. 
From the nature of the injury, and the opinion ex- 
pressed by various commanders and officers of the 
Company, the only reasonable explanation of the 
cause of the injury is an obstruction at the bot- 
tom of the stream, and it is impossible that at in- 
jury of the nature described could have been sus- 
tained by a blow on the side of the vessel from 
the banks of the stream. There was besides three 
hours wanting to low water, and as the Boj Boja 
is a narrow stream with a good depth of water at 
all times of the year, there would be a considerable 
body of water at the time of the occurrence. Acting 
as an ordinary prudent man would act in such cir- 
cumstances, the commander might well have ex- 
pected to find abundant water for safe navigation. 
But for this obstruction the vessel would have pro- 
ceeded safely on her way. The contention has been 
raised that the flotilla was in dangerous proximity to 
the bank, because from the nature and character of 
the locality logs or trees fell into the river and formed 
obstructions near the bank : having regard, however, to 
the state of the river, it is impossible tolioldth.it the de- 
fendant Company's servants had been guilty of any 
negligence in taking the vessel into the position 
which she was then in. The only other point raised 
is, whether after the accident proper steps were 
taken to protect the goods entrusted for carriage to 
tho Company. To beach the Hat was the proper' 
course to adopt under the circumstances, and to re- 
move the steamer and the other Hat from the 
side of tho " Nazim, " to which they may have 
offered some support, was not improper, seeing 
that in tho event of the " Nazim's " ropes 
parting there was considerable danger to the 
other vessels. His Lordship then said that the 
only conclusion he could come to under the cir- 
cumstances was that all such steps were taken by 
the Company's servants at the time of the accident 
as a reasonable and prudent man could be expected 
to take, and that he found that the loss of the goods 
was not occasioned by the negligence of the defen- 
dant Company, but was an accidental loss due to 
the " Nazim " striking on a snag, which he con- 
sidered came within the definition of " a hidden 
obstruction in the bed of the steam." The defen- 
dant Company, therefore, were entitled to claim pro- 
tection under the clause of the special contract in 
the forwarding notes, and the suit must be dismissed 
with costs. — Pioneer. 
1r - - 
COFFEE STEALING IN MADRAS. 
The Mar/ins Mail commenting on the reply 
which the Government of India has went to the 
Madras Government in which the Governor- 
General in Council again refuses to give his 
assent to the amendment of Madras Act VIII 
of 1878 in the manner proposed by the Madras 
Government says : — The Governor-General in 
Council, we are told, has carefully reconsidered 
the proposal to amend the law in view of 
the representation of the United Planters' As- 
sociation of Southern India and the strongly 
expressed opinion of the Government of Mad- 
ras that it at once affords a much desired and 
evidently necessary protection to the planter, and 
a check to the progress of the demoralisation 
caused by the existing facilities for the com- 
mission of crime. But, continues the letter, 
" His Excellency in Council regrets that lie is 
unable to modify his previous opinion that any 
further legislation to increase the very exceptional 
protection already given to the coffee industry 
in Madras is undesirable." From the word- 
ing of the foregoing it is evident that 
the Government of India is determined 
not to understand the present position, for it is 
absurd to speak of the Act as it now stands as 
affording "very exceptional protection" to the 
cofi'ee industry. The Madias Government appears 
to have done all it possibly can to obtain tor 
the planting community a just protection of its 
produce, and the want of success which lias at- 
tended its efforts can only be attributed to the 
ignorance of local conditions which prevails in 
the Secretariats of Calcutta and Simla, ami to 
the stubborness which declines to defer to 
the opinions of those who are better informed. 
THE IMPORT DUTIES ON TEA. 
The Madras Mail says : — 
We again revert to this subject in view of the 
discussion which took place at the last meeting of 
the Nilgiri Planters' Association, the proceedim's of 
which were reported by us yesterday. Prom the sum- 
mary published, it would appear as if there was a 
feeling among some of the tea planters on the Nilgiris 
that the Government of India ought to be approached 
with the request that the duty on Ceylon tea euteriii" 
this country should be raised, so as to correspond 
with tho duty imposed by Ceylon, which, as wo 
have pointed out, practically amounts to 56 per 
cent, inl valorem. We find it very hard indeed 
to believe that a demand for nigh protection 
can be seriously considered by any sane planter. Tho 
Hon. Mr. llomilly, who was' present at the meeting, 
at once pointed out how objectionable such a course 
would be, and further, that for such a proposal 
to Government to lie successful it must go up with 
the support of all the Indian Planters' Associations, 
whereas he could say, so fur as tho Wynaad and 
Travancore Associations were concerned. " that thev 
would refuse to join in it. This warning was most 
timely and, whether owing to it or to some other 
