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THE HONGKONG WEEKLY PRESS AND
FIRE ON THE WANDERING JEW," | CURIOUS MISTAKE AT THE GAOL.
$150,000 WORTH OF CARGO DESTROYED.
31st October.
At one o'clock yesterday morning a seaman on the American ship Wandering Jew, now lying in the harbour, was going along the upper deck of the fore part of the ship when he pushed a hatel back and volumes of smoke issued through the aperture.
He at ouce called the captain aud mates, and an examination of the vessel proved that a fire had broken out in the lower tween decks. The captain (Mr. Nicholls) im- mediately gave the usual fire alarms by firing muskets, rockets, and blue lights. An attempt was made to get down to the seat of the outbreak, but the dense smoke prevented the men from going lower than the main deek. The fire signals were responded to with commendable promptitude, and by two o'clock the steam fire engine was alongside the vessel and pumping water into the fore hold. Hon. Commander W. . H. Hastings, Superintendent of the Fire Brigade, also turned out as soon as the alarm was given. The vessel was towed into shallow water and scuttled. Holes were drilled in the up. per deck and the hose passed through them, and water was poured into the vessel. Everything was battened down, but it is almost a certainty that the work of drenching the whole, of the cargo will not be completed until this morning. The cargo consists of 825 boxes of fire crackers and 25.000 rolls of matting, and the whole is valued at $150,000. The major portion of it was shipped by Messrs. Siemssen and Co. but none of the insurance companies in the colony will suffer, as all the cargo was insured in America. How the fire originated is not known. It is very fortu nate indeed that the vessel had pot left for New York, her destination. On Friday last the ship was almost ready to sail, but it was de. cided to wait for four hundred additional rolls of matting from Canton. These were to have been shipped yesterday. She is now lying on the mud bank near Stonecutter's Island, and will of course have to be docked after the damaged cargo is taken out. It is thought that the fire must have been smouldering for some days.
1st November.
Although the steam fire engine was engaged in pumping water into the Wandering Jew from two o'clock on Wednesday morning it was not until last night that the fire was got under. The outbreak is a very extraordinary one altogether, and the origin has not yet been as- certained. There can be no doubt that the fire had been burning some days. On Thursday morning the main deck lyas flush with the water, but still volumes of smoke issued from the fore part of the vessel, particularly on the starboard side. A big portion of the deck was chopped
open and a considerable length of the side was battered in with an axe. It was then found that the fire had caused great damage between the outer planking and the inner skin on the star. board side. Pine planks of great thick- ness had been completely charred for a con- siderable distance, but even with this discovery the firemen, under Hon. Commander W. C. H. Hastings, were completely in the dark as to the whereabouts of the fire. It was not until three o'clock yesterday afternoon that flames were seen for the first time, and then they were in the bows under the main deck. The firemen were now enabled to do something definite to- wards extinguishing the fire, and the hose was directed on to the flames. Of course even then there was a lot of work to do in shifting the burning cargo and chopping away the charred timber, and the firemen were on the vessel until last night. The whole of the cargo will now have to be discharged, the water pumped out, and the ship docked for the extensive repairs that it will be necessary to make before, she is fit for sea again. It is over five years since a vessel was on fire in the harbour.
The smoking concert at the institution of Shipbuilders and Engineers of Hongkong on Saturday night was a great success, and the members, of whom there was a large attendance, heartily enjoyed themselves. The programme contained some very good items, the principal contributors being Messrs Thomas and Budge.
THE WRONG PRISONER FLOGGED! A Chinaman, who was a few days ago sent to gaol for fourteen days for gambling, has been the fictim of a most unfortunate mistake made by a warder at Victoria Gaol. Two or three days ago one of the prisoners was ordered to receive eighteen cuts with the rattan for misconduct in the gaol. Somehow the wrong number was put down on the flogging sheet, and it happened that the prisoner sentenced for gambling and who had behaved himself with decorum bore this particular number. One morning he was brought forth all unconscious of the fate that was awaiting him. It was not until he was forced across the "wooden horse that he grasped the precise situation, but, although doubtless he tried to speak, explana- tions at that stage were useless. He received the fogging of eighteen. strokes which was intended for the other man, and was afterwards treated in the usual way by the doctor. When the mistake was found out the warder at once communicated with Hon. A. M. Thomson, the Acting Superintendent, who of course inter- viewed the wrongly punished prisoner: The man expressed a wish to be released and the facts of the case were made known to his Excellency the Governor, Sir William Robinson, who gave
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an immediate order for the man's release. Be- fore leaving the prison he was asked if he was quite satisfied that every one was genuinly sorry, for him. He said, My wanchee money,
made the mistake He appeared con- went away after
and the warder who had thereupon gave him $10. tented with this sum and thanking the warder.
SUPREME COURT.
31st October.
IN APPELLATE JURISDICTION.
BEFORE THE FULL COURT-SIR FIELDING CLARKE (CHIEF JUSTICE) AND MR. A. G. WISE (PUISNE JUDÕE).
case:
WILSON V. BUTTERFIELD AND SWIRE. This was a motion for leave to appeal from the judgment of the Puisne Judge in the above The plaintiff, who is the master and part owner of the barque Stanfield, sought to recover balance of freight due on a cargo of timber delivered in Hongkong, and judgment was given for the defendants.
it
Mr. H. E. Pollock (instructed by Mr. Hastings, of. Mr. V. H. Deacon's office) re- presented the appellant, and said that this was a motion for leave to appeal against the judge ment of the Puiane Judge delivered on the 21st October. The point upon which the appeal turns is the question of the construction of the clause for payment of freight contained in the charter party dated 4th May, 1895, and entered into between Messrs. Butterfield and Swire, the charterers, on the one part, and Captain Harry Wilson, of the Stanfield, on the other part. The Stanfield was chartered for two separate trips from Sandakan to Hongkong for carrying cargos of timber. By a provision in the charter party the defendants agreed to pay freight as follows 22 cents of the Mexican dollar for each and every cubic foot of timber delivered in Hongkong." The appellant was not paid for to Messrs. Butterfield and Swire at Hongkong, "each and every cubic foot of timber" delivered
and they claimed to pay him according to the measurement which they called the Hongkong trade measurement." The result of calculating the timber, which contained a considerable number of round logs, according to Messrs. Butterfield and Swire's measurement, was that the cargo contained 18,075 cubic feet; according to the appellant's reckoning the total amount of timber contained in the cargo was 21,432 cubic feet, and the difference meant a loss to Captain Wilson of $700. It was not disputed that the mode in which the appellant computed the cubical area of the logs was the accurate one.
The Puisne Judge It is the more accurate method; you cannot get the exact measurement of round logs.
[November 7, 1895.
Mr. Pollock-Yes, it is the more accurate method than that adopted by the defendants; in fact it was proved before the Puisne Judge that, according to Messrs. Butterfield and Swire's method, the whole of the round logs The external slabs were not measured. were not measured, but only the internal square.
The Chief Justice-You mean that is all that is meant to be measured.
Mr. Pollock-Yes, according to Messrs." Butterfield and Swire we are only entitled to be paid for the square in the centre, which is 23 per cent. less than the actual cubical con- tents. There was evidence given in the case which satisfied his Lordship (the Puisne Judge) that there was a trade custom in Hongkong for the purpose of measuring round logs of timber; but our contention is, in the first place, that that measurement cannot be adopted because the custom which was set up is in contravention of the express terms of the particular clause in the charter party-that is, that so much is to be paid "for each and every cubic foot of timber de- livered in Hongkong." Undoubtedly evidence of custom may be admitted in certain cases, but I think that those cases come under practically two rules.
The Puisne Judge-You admitted there was
a custom.
that it was proved there was a custom; the Mr. Pollock-I am not disputing the fact
question is whether that custom is repugnant that evidence of custom is only admissible first to the clause in the charter party. I submit
of all to explain the trade meaning of a word or words used in a.contract, and secondly, to ander incidents to a contract in matters upon which the contract itself is silent. The general principle of law upon his subject is laid down by Baron Parke in the case of Hutton v. Warren. Baron Parke in giving judgment, said that "extrinsic evidence of usage is admissible in matters in respect of which the contract itself is silent; and I submit that the usage set out in this case by Messrs. Butterfield and Swire does not come within that ruling, which has been followed in subsequent cases. The ad- mission of this custom as evidence is directly repugnant to the plain words in the clause of the charter party. According to the defendants' contention they do not wish to pay us for "each and every cubic foot delivered in Hongkong."
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The Chief Justice-The question is whether that custom may be admitted to explain the meaning of the words in the contract "each and every cubic foot of timber."
Mr. Pollock-I submit that this evidence of custom does not explain that clause at all.
The Chief Justice-You have cases probably mentioned in all the text books about a thousand rabbits meaning one thousand two hundred.
Mr. Pollock-Yes, my Lord. I~- than a thousand," and it has been held to mean The Chief Justice-Nothing can be clearer
on thousand two hundred under certain cir cumstances and in certain parts of England. There was a case about herrings. One hundred herrings mean six score according to the custom in some fish markets.
Mr. Pollock I cannot see how the custom which is set up in this case can possibly come within that class of cases, because the defendants in this case do not seek by a special custom to alter the measurment of a cubic foot; they simply say that their custom is not to pay for. the circular slabs outside the logs.
The Puisne Judge Of course that is your point. The question is not how a cubic foot is
what is meant by a cubic foot, but whether to be measured.
Mr. Pollock-Oh, no. The question is not:
the contention of the defendants that they are entitled to exclude the circular parts of the round logs outside the square is repugnant to the clause in the charter party which says that freight is to be paid "for each and every cubic foot of timber delivered in Hongkong." I have several cases here, my Lord, which
The Chief Justice As this is only plication for leave to appeaf give us what consider your strongest case.
Mr. Pollock then quoted the case of Webb Plummer in support of his argument.
The Chief Justice--Suppose a man buys thousand feet of timber, how much does he get? Mr Pollock-A thousand feet. I was leaving that glass of cases—