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March 6, 1895.
THE HONGKONG WEEKLY PRESS AND
He speaks English, or that they were to be used on a river. They should have been given to the plaintiff of this also called as a witness admit that the steamers were not ready for further trial. I find on the evidence that the French, and Chides. He was employed as in- delivery by the 15th day of June. They state defendants and Hip Tai Loong have not terpreter to Prouchandy in August, 1993, and they were completed and ready for delivery ou satisfactorily proved to mo that it was impossible again in January. 1894. Ho says he acted as in- the 18th of August last, and say they were pre-for them to procuro more workmen, or that terpreter throughout these negociations. Captain thy plano Lawrence was present on two occasions when he vented from completing the steamers in time they
delayed solely by owing to the prevalence of the plague, and the I now come to the chief point la dispute, which was there. He explained to Chin Chee the nature impossibility of obtaining workmen and en- is, was the defendant informol that a costain of the boats in prasance of Captain Lawrence. giueers. The defendants deny the statement depth of water was not to be exaude 12 | Was this | This was about the third interview. He told that the steamers were not built in accordance specially brought to his notie. 2. First, we have Chan Chee that the boat was th by 120 feet long, with the specifications, tint they did not attain the evidence of the contract itself, which fix by 18 or 19 feet bam, and have a draft not the guaranteed speed of 10 knots, and one of the the depth at six feet. Then there is thevidoncs exceeding six feet. He told him who Provchandy was, and that the boat was to go on the rapids smaller ones did not attain the guaranteed speed of Captain Lawrenceaud Dimes. With respect to
of the Cambodian river. The boat was to have of 8 knots. They deny the statement that the Captain Lawrence's evidene: it has bien sought larger steamer with 1,700 piculs of cargo and to throw complete discredit.on it by dating that speed enough to go up the rapids, to draw little bunker coal drew upwards of six feet water, and he could not possibly have done all that he sayswater, and to be delivered at a certain time. The draft was to be five feet. He told him that she was useless for the purpose aforesaid.| he did, nor been present at the interviews stated From this petition and answer the questions at on account of the short stay in this harbour of his this, and it was repeated by Captain Lawrence vessel the Taichow He stated in hiser danes that on two or three occasions. The speed and draft issue appear to me to be:-1-Was the said Chan Chee informed at the time that the large he was in harbbur for 10 or 11 days, whilst the wore mentioned in presence of Captain Law-
renca. the Harbbur - Offica evidence from steamer was intended for shallow. rivers, and official
Chan Chee said he could undertake what and he had to do. He (Demee) was not employed by that the specified draft was not to be exceeded. shows that she arrived here on the 2.-Is it exceeded]? 3.—Have, the steamers cleared on the ; that her stay being so short Prouchandy on the 15th January. He had a attained the guaranteed spood after a satisfactory his duties on board ship could not possibly dispute with him about a third party, and after the disputa he worked no longer with him, and trial trip? Whether they are built according have permitted his being on shore so often. to the specifications? 5.-Was the said defend Leaving out of consideration for the biom ut the has not beou friendly with Prouchandy since.. aut prevented by the plague from constructing direct evidence, let us see what are the probabi. | He said in answer to me that he went to see a the said steamers ? 6.-Were the said steamers lities. The contract describes slr. Prouchaudy steamer of Chan Choo at Macao. That steamer built according Lo the specificatious? I as of Saigon, and provides for a maximum was too big. She drew too much water. The will deal with the minor points first. The draft of water. Captain Anderson speaks of the defendant Chan Chee says that Prouchandy did specifications are very vague; for instanc, they vessel being built for river work and structurally not tell him what the launches were wanted for. state that "all through fastenings of Muntz fit for river. Chan Ches in his evidence states heo did not know where Proacbandy came from. He did not give him any particulars as to speed metal," without stating positively that the launch did not know where Prouchandy came from nar is to be through fastened throughout. Captain did he tell him what the launch is word wanted or draft, qud no plans or drawings, but that later Burnie says she does not answer to that re- for. There is another fact to be noticed. Chan jou he made a plan and took it to Prouchandy. He quirement, because the planking is fastened with Chee says that he knew Prouchandy ii Aughst or again repeated that nothing was said about what the launches were wanted for and nothing spikes. This is, he says, a matter of great September, 1893; that he wanted to buy a 'sten a
He then said He wanted to buy was said as to draft or speed. importance. The vessel is stronger with through launch and came to his shop.
the Chu Kam steamer. She was in Macao. an agreement and specificatiou were given to fastenings, while with spike fastenings she is
His accountant read over and explained likely to open out. She showed signs of weak Her dimensions were 120 or 130 feet long. 18 feet him.
to him. He knew then what the ness of construction, as there was considerable beam, and draft 7 feet. He went to Macao and them
He never spoke to Law- wrinkling of the sheathing on the large launch; examined, but did not buy, because the price | draft-and-spoed was.
Lawrence was never there at any time to strip her, re-fasten, and re-copper her would asked was too high-326 000. The made no lower | ronce, cost $2,000. That the launch is built much the offer and there was no bargain. He gave no other when he was speaking to Prouchandy. No
Che reason, and he, Chan same as other Chinese launches. She is fastened.
did not know one ever told him where Prouchandy came the same way as an ordinary Chinese built boat, what Prouchandy wanted the launch for. from, what he did, and what he wanted the boats The plaintiff, after discussing the rivers except that she is single fastened in the keelson Prouchandy was not asked about his reasons for for.
stringer, and the ordinary Chinese built not purchasing this launch, but in answer to alor branches of rivers on which he intended to boat is double fastened. Captain Anderson question from me Demee, who went over to Macao | cumploy those steamers and the depths of water at says that her stringers are through fastened. with Provehandy and Chan Chee, says that various periods of the year, says that he had The keelson is fastened with metal bolts. The the reason she was rejected was that she drew Chan Che constantly coming to him after he
She is stringers are all through fastened,
too much water. Captain Lawrence says that had broken off with Fenwick, and that he gave similar in all respects to the ordinary run of the boat at Macao was rejected because she drew instructions to Lawrence and Demee in order Chinese built boats. He thinks she is as well too much water and that Chan Cho know this. that they should transmit them to Chan Chee; and strongly built as Chinese built launches. This seems moro probable than Chan Chee's ac- that when the big launch was completed he re- They usually put through bolts through every count that the boat was at once rejected because | fused to take delivery of her, because she drew She had not the required second floor; he cannot speak as, to the number the price was too high without there being too much water. of bolts, but he thinks she is so bolted; she is
any, bargain or any attempt to come to terms speed, and the hull was not duly fastened. That not structurally defective for river work.
by the parties, one of whom wanted to buy a | if he had been able to make use of the boat, he He said that Mr. Fraucis-His opinion was that it was launch and the other to sell; and is she was re- would have taken delivery of her. bolted through in every timber, my lord.. jected because she drew too much water, is it not he left it to Chan Chee and Demee to arrange His Lordship-Afterwards he said in cross- probable that Chan Chee know it, and when he everything. They prepared the specifications. examination that he had not been able to ratify came to build a lanuch expressly for the plain; If this evilence is to be believed there can be no that statement; it was merely what he was told. tiff his attention would have been drawn to this doubt that Chan Chee was informed of the ser- His Lordship (continning)-If she was through requirement and explanations given to him why view for which this launch was required and of -fastened she would cost about $25,900. He un- this condition was inserted in the contract. Now the necessity there was that she should not draw derstood she was going to the Mekong river; what is the direct evidence on this point, over a certain depth. As I have already re- be
was to
usel bo judged she
Ernest Herbert Lavrence said he is a master marked, the probabilities are that he was so in- He is formed. It is not likely that he would have en- river. He does not think she could pro- mariner, holding a Loudon certificate.
chief officer of the Pasig. He speaks a little tered into this contract with a stranger without ceed to Saigon during the north-east mon- soon, and he would not recommend her for
French. He has known Prouchandy sine. July koowing who he was, where he came from, his insurance. He also speaks of the want of some or August, 1893, and has known Chan Choo about business, and what, if any, were the risks he ran stanchions and of a wooden crossbeam in front
a year and a half. After speaking of certain as to the payment of the price of the launch. of the boiler, which prevents the door of the plans which he had prepared for the big lanuch, It is also difficult to believe that the steam boiler opening as it should. He says that it he says it was principally on account of the launch at Macao was rejected solely on account would be unsafe to remove this beam, but that the purposes for which the launches were intended of the price demanded. The evidence both of He discussed Captain Lawrence and Demee on this point was door could be easily otherwise suspended. I do that he was with Prouchandy. not gather from the specifications that she was the plans with Chan Chee at the Victoria Hotel given in answer to questions put by me, and I to be through fastened throughout, and after and once at the Windsor. He had several con- do not think that they could have prearranged considering the evidence of Captain Burnie and versations with Chan Chee before the specifica-what they were going to say. There is no doubt tions were made. He explained to Chan Chee the boats were wanted for river service; what Captain Anderson I am of opinion that although
that the launches were required for going ou more natural, then, than that a limited depth of the vessel is not first class workmanship, the large launch, barring certain small defects and shallow rivers and to go against strong cur-water being only available Chan Chee should have omissions, is built to comply substantially with
He explained to him about the draft. been warned why this requirement was inserted the specifications. With regard to speed, the He asked Chan Chee for five feet if possible, but in the contract for the large steamer. But what evidence of Mr. Johnston shows that on the first
not to exceed six feet, fully loaded with passengers grounds are there for rejecting the evidence of Lawrence and Demee on this point. Why should trial trip, the large launch averaged only 9.75, and cargo. That was told to liur on two oc-
Some doubt may and that the result of the trial trip was not casiou. That he perfectly remembered. He told Lawrence perjure himself? according to the specification. Chan Chee had
him the launches were required on the rapids in be thrown on his evidence from the fact he was farther trials made under the superintendence the rivers of Cambodia. Chan Chee told him only a short time here and must have had his of Mr. Kinghorn on the 27th September, he could build them with the desired speed duties to attend to on board his ship, but we do She went only 9.30. bat on examining the en- and draft, and he fully understood what was not know if they took up all his time and the gines, some little defect was discovered, and required. · He (Lawrence) had nothing to d only benefit be was going to derive from the con. this being put right another trial was made on
with preparing the specifications or the contract. tract was that he was going to take the vessel to the 3rd October, when a speed of 10.16 was In cross-examination he said that the draft Saigon; and as to Demee's evidence I see no attained. It appears no notice was given to the was a particular with all, and that Pronchandy reason to doubt it, nor is any alleged why I plaintiff of this trial, and although Mr. King- asked him to explain to Chau Cheo what was should reject it. He was employed as a clerk in horn says that all the conditions of the specifica- wanted. Alfred Constance B. Demee, who was the French Consulate and when Prouchandy tions are satisfied, I am of opinion that notice I formerly a clerk in the French Consulate, was wanted an interpreter he was recommended by the
on
a
routs.
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