مجموعة ‎٢٨ /٩٥ "بلاد فارس. العلاقات مع الحكومة البريطانية.‏ المطالبات الخاصة ضد الحكومة البريطانية‏: قضية السفينة البخارية "كارا دينيز‏"." [ظ‎‎٢‎٢‎٠] (٦٩١/٤٤٠)

^Lf.
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ADVOCATE GENERAL—
Turkish Government commandeered all steamers in the beginning of
August (see p. 51). See Government Communique, 3rd November, as to
intention of Turkey.
Turkey preparing for war from the time Goeben and Breslau arrived in the 5
Straits.
Theodore Bachrato. Besides partner in agency business, had a share in
the 3 of the ships of which documents have been produced.
Kirman, Teheran, Shiraz, Ispahan.
Government Gazette, 20th January 1915, p. 24. 10
Claimant says he is a Persian subject. Lived and carried on business in
Constantinople.
Prize Court will look to the substance of a transaction free of technicalities.
1854 English Prize Cases, Vol. II, 313. A transfer must be bond fide, whatever
the documents may show. 15
Do. Vol. II, 511, also Spinks, 257.
Tommi, p. 7 (15th October 1914).
Claimant cannot be regarded as a Persian subject,’[for the purposes of
Prize Law.
(*Sic.)
Cannot be said this ship entitled to fly the Persian Flag.
To all intents and purposes a Turkish concern.
Turkish partner in the agency.
6 or 7 ships, a Turk or a German have a share.
In any event Court will more carefully scrutinize transaction.
Ships trade in Black Sea. . Used for transport of troops.
TT150,000 or <£T200,000 earned from Government.
■£ 20,000 or £30,000 due in August.
Ship had been sent from Constantinople to Bombay. Must have left
before war broke out. Probably in June.
15th August war on the horizon.
o A ^“ 8 d er tl i e i pr i5 e 5 , years busineS9 * cost £15,000. Cost claimant £15,00
and £3,500 paid to Huckey Pasha. £10,000 by way of set off.
Can t say whether £5,000 paid in cash. But admitted Turkish crew were
to remam on board and take the ship to Busrah. Wages due to crew before
otn August. . Claimant sends money which would be applied towards arrears.
How is he going to get that back ? Ship not insured. Claimant did not even
know she was afloat.
20
25
30
35
15th August must have been known that vessel had left Hodeidah, and was
hnM^w 013 ^? 7 *^ I , su ?s est that nothing was paid. But the Court need not
d that, only that circumstances are suspicious. Nothing to show that 40
ReTelt pL H e , C ° Uld > Ve g °‘ hlS pa P ers fr01 “ Constantinople 4 °
had left Bombay for Busrah 6 C ° Uld ^ ^ th0Ught then that shi P '
(tSic.) L3, 1st October telegram, shows ship still stopped.!
on J 1 ® wu ¥ thou g ht the shi P would sail. Inactivity
the part of the claimant. What was done from August to November was
tTnet th 0116 ^' 7 ?°Tf ul K te a u d Bachrato ' No doub t strenuous efforts made
hefets Cnn«n P l n f P Bomba L b ^ not by claimant till 16th November when
e gets Consul at Piraeus to wire to Bombay. Nothing to show that claimant
45