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§ 555.

Government being carried on a mission for the completion of wireless apparatus at Rabaul, a purpose important to the maintenance of eommunication between Berlin and the outlying possessions of the German Empire, as well as inter-commmdcation between those possessions themselves and with ships of the enemy carrying wireless apparatus, but the same agent was himself carrying despatches of the utmost importance at the time of captme.

Despatches are described by Lord Stowell (then Sir William Scott) in the case of the Caroline [1808], as including „all official Communications of official persons, on the public affairs of the Government". The same learned Judge said in the case of the Atalanta [1808] with reference to the carrying of despatches : „Nor let it be supposed, that it is an act of light and casual importance. The conséquence of such a service is indefinite, infinitely beyond the effect of any contraband that can be conveyed.' The carrying of two or three cargoes of stores is necessarüy an assistance of a limited nature ; but in the transmission of despatches may be conveyed the entire plan of a campaign, that may defeat^ all the projects of the other belligerent in that quarter of the world."— In furtherance ot this end, though no formal charterparty was drawn up with the enemy Government, thé arrangement actuaüy made was correctly described by the witnesses as a charter of the ship, and it extended not only to the purposes of that voyage, but to such other voyages as might be directed by the Government at Rabaul, m accordance with the letter of instructions handed to the master. Such a service rendered to the enemy would, in the absence of some sufficiënt defence, exposé the vessel to condemnation even in the case of a neutral owing no

aüegiance to the British Crown [voir aussi § 568] "

Bangor (369), vapeur norvégien capturé dans le détroit de Magel-

lan [comp. § 155] :

„This is a flagrant case, in which a vessel flying the Norwegian tlag and commanded by a Norwegian master was fitted and manned from New York to render services to German warships. Circumstances of aggravation of almost every kind attended her conduct and management. They are set out in the evidence to which the Attorney-General adverted.

D'après le résumé des faits :

„Before the prize view boarded (the Bangor) those on board removed and stowed away the wireless apparatus, which had been fitted up after leaving Baltimore, and destroyed the code for wireless messages, the record of wireless messages received, and other papers." [Comp. § 691]

Voir aussi le cas du batiment hospitalier Ophelia (111; appel: 354), cité au § 384.


Le jugement La beüa Scutarina (342) fait mention, parmi les raisons de soup9on, de