890
was not trao. The distance from the fore bridge of the Hermione to the stem was about 60 feet, and the poiut of impact was about ten feet from the stem. He could say positively that the ifchmione did not strike the junk stem on, He told Mr. Little to tell the Captain, and witness himself rang the electriobell which coinmunicated with the captain's sleeping cabin. About half a mile off he saw the lights of two junks. During the prerious half-hour the Hermione passed other junks, some showing lights and others only showing lights as she passed them. Everybody was on the bridge at the time carrying out their duty under his observatiou.
THE HONGKONG WEEKLY PRESS AND
8th May
IN ORIGINAL Jurisdiction,
BEFORE HIS HONOUR W. M. GOODMAN (ACTING CHIEF JUSTICE) AND A SPECIAL JURY.
HUGHES V. CHATER AND MODY. In this case William Kerfoot Hughes was plaintiff and the Hon. C. P. Chater, C.M.G.. and by order of the 15th February, 1899) H. N. Mody defendants. Plaintiff's claim was for:
the said 30th day of Juus, 1896, until payment or judgment at the rate of $7 per centum per anuum calculated with half-yearly rests."
(1) The sum of $24.506-22. being the balance In answer to Mr. Slade witness said that due from defendant to plaintiff on the 30th day of June, 1896, upon various accounts which have during his watch he had not had occasion to alter his course, thongh during the previous been recently stated and settled between them; been pretty close to some of the juuks and had half hour he had passed other junks. Ile had() Interest on the said sum of $24,506 22, from had one or two narrow escapes of collision. He thought the sigualman picked out the junk
The following composed the special jury:- first, calling out that there was a light ou
Messrs. C. W. Dickson. Paul Witkowski, S. the starboard bow. Witness ras at this time
the port side to the Hancock, A. J. Gomes, H. A. Ritobie, A just crossing from starboard—that was in consequence of the signal-H. Rennie, and E. W. Mitchell. man calling out. He picked up the light of the junk himself at ours on getting to starboard. He saw the light moring, and gave the order to port because he judged that the junk was crossing their bow by seeing her light cross. He could not make out the hull of the juuk or her sails. He did not take out his glasses be- cause the signalman spoke very sharply. When he first saw the light he realised that it was quite close, but it did not strike bin to go full speed astern at once because he thought at first
they could avoid the obstruction. The Captain of the Hermione held an enquiry. He could not understand way in his report to the Vice-Ad- miral the Captain used the words. But the ship struck the junk and passed over her."
May 13, 1899.
Mr. Franois-It is not part of the pleadings, His Lordship-I understand there in an amended pleadings put in by the two defend- ants, and though I have run my eyes through the original and the amended pleadings what we are trying to-day is the amended pleadings.
Mr. Pollock said he attached very great im- portance to the original pleadings put in by defendant Chater, as the amended pleadings differed materially from it.
His Lordship-I think you have the right to read the original answer if you wish.
Mr Pollock-I shall have to refer to it, and perhaps it would be better to read the whole
answer.
Mr. Francis contended that when they got leave to amend their pleadings the joint answer was the only answer in the suit; and the other was not any longer an answer. Probably it might be produced later on as evilence by way of admission.
Mr Pollock pointed out that the amendment by which Mody was joined as a defendant was inade on the application of defendant Chater, who contended that Mody was a party who was likely to be effected by the result of the suit.
After some further discussion it was agreed. that the original pleadings should be read.
The Hon. H. E. Pollock (Acting Attorney. General), instructed by Messrs. Johnson, Stokes, and Master; appeared for plaintiff, and Mr. J. J.
Mr. Pollock. then read defendant Chater's Francis, Q.C., and Mr. Manuk, instructed by
answer. He said his lordship would notice Messrs. Deacon and Hastings, for defendants.
Mr. Pollock submitted that the onus of that this answer of defendant Chater's was proof was on the other side and that they must filed on the 6th day of October, 1898. In paragraph one defendant admitted the state- begin.
Mr. Francis suggested that his learned friendments in the first and second paragraphs of the should follow the regular order laid down in petition to be true except in so far as it was the code-read the pleadings and then his alleged that he was a bill and bullion broker. Iu paragraph two defendant admitted that address to his lordship would come in the proper various accounts had recently been stated and settled between plaintiff and defendant, and that the summary of such stated and settled accounts was correctly set forth in the third paragraph of the petition. Paragraph three
course.
His Lordship-I am afraid you must put the Court into possession of the pleadings first.
Mr. Pollock said he thought he might possibly
C. J. J Little, midship nau on the Herwione, ] have saved time if his lordship had read the said defendant admitted that on the settlement
said he heard the signalman call out that there was a junk on the starboard bow. Mr. David- sou called upon him to go for the Captain.
He saw the junk about 20 or 30 yards off. There was a dim light on her deck.
A signalman gave evidence N. J. Bolkin, a bluejacket ou the Hermione, said he was keeping the starboard watch be- tween one and two o'clock, About half-past one o'clock a small dim light appeared about 20 yards away on the starboard bow, Witness re- ported the light almost simultauously with the sigualman. He did not see the junk until she came into collision.
In cross-examination, witness said the Her. mione did not pass over the junk.
A. E. Rainer, bluejacket, who was on the port lookout, said he observed a low light on the starboard. That was the only light he observed on that junk.
In cross-examination witness said when the junk was struck, she swept past the starboard Bide of the Hermione.
墨情
M. O'Conner, quartermaster on duty at the time of the collision, said the first time he was aware of the presence of a juuk was the order 'port," immediately followed by "hard-a-star- board from Mr. Davidson. In obedience to the first order he turned the wheel three spokes, when he got the second order. Putting the wheel, over three spokes did not affect the course of the vessel. Before the collision occurred, she could only have payed off a few degrees. The engines were immediately reversed. In answer to Mr. Slade witness said the wheel was only half way over to starboard when
the collision occurred.
H. J. Chaffo, artificer in charge of the engine room at the time of the collision, spoke to the telegraph from the bridge signalling stop, full speed astern" and then "stop."
+4
Captain Callaghan spoke to having been awakened about half-past one o'clock on the night of the collision. On coming up the batobway he looked over the starboard side and saw the wreck of a juuk bottom upwards float ing past. He hailed the bridge not to start the engines for fear that the screw might be fouled. He gave orders for the rescue of the crew of the capsized junk. He was of opinion thé junk must hare gone under when struck, and then came up as she passed along. Judgment was reserved.
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pleadings.
His Lordship-I have just glanced through them, but the jury want to hear them, and so
do I.
Mr. Pollock I was simply desirous of saving time.
His Lordship-When we have heard the pleadings we shall know on which side the burden of proof lies.
of such accounts there appeared to be due from defendant to plaintiff the sum of $24,506.22. In paragraph four defendant admitted he had not paid the sum of 21,506.22 or any part thereof to plaintiff, nor any interest thereon, but said that the said sum of $24,506.22 was bearing in- terest in defendant's hands at the rate of seven per cent. per aunum from the 30th June, 1896, with half-yearly rests as Mr. Pollock said the writ of summons was alleged. In paragraph five defendant denied filed on the 23rd August, 1898, and the peti- that the said sum of $24,506-22 or any part tion was filed on the 2nd September, 1898. thereof or any interest thereon was payable to Paragraph one of plaintiff's petition said plaintiff, plaintiff having agreed for valuable plaintiff was a gentleman residing at the consideration to charge the said monies in Hongkong Hotel, Victoria, in this Colony. favour of one Hornsjee Nowrojee, Mody, and Paragraph two said defendant was a bill and defeudant having agreed with plaintiff and the bullion broker, and was a member of the said Hormusjee Nowrojee Mody to hold any Executive and Legistative Councils of Hong- balances in his hands belonging to plaintiff for kong and garried on business at Victoria Build and on account of the said, Hormnsjee Mody ings. Paragraph three said plaintiff claimed and to pay over the same to him. In paragraph from defendant the sum of $24,506-22, being the six defendant said Mody claimed the benefit of balance due from defendant to plaintiff on the the said charge, and that the said sum of 30th day of June, 1896, upon various accounts $24.506-22 should be paid with all interest ac- which had been recently stated and settled be- curing thereou to him in part payment tween them, and of which a summary was of a larger sum dne owing and payable by given. Paragraph four said defendant had not plaintiff to Mody and in respect of which the paid to plaintiff the said sum of $24,506.12 or said charge was given. Paragraph seven' said any part thereof, and added: The said sum of defendant was unable to call upon Mody and 324,506.22 together with interest thereon from plaintiff to interplead as defendant was himself the 20th day of June, 1896, at the rate of interested with Mody in the debt dus by plain. - 7 per cent. per annum, calculated with half- tiff to Mody and in the charge created. Para- yearly interest, which interest the defendant graph eight said defendant would some time agreed to pay to the plaintiff, is due and owing since have paid the $24.506′22 and interest to from the defendant to the plaintiff. The plain- Mody, or have credited him with the said tiff therefore humbly prays (1) That the defen. monies in account, bat that plaintiff gave dant may he ordered to pay to the plaintiff the notice to defendant that he intended to dis- said sum of $24.5002, together with interest pute the claim of Mody in its entirety thereon, from the 30th day of June, 1896, at and thereupon defendant agreed to bold the rate of $7 per cent. per annum, calculated the said monies for a reasonable time or to with half-yearly rests, until payment or deposit them in safe custody to allow plaintiff judgment; (2) that the defendant may be to contest Mody's claim. The remaining, para- ordered to pay to the plaintiff his costs of graph dealt with the circumstances alluded to suit; (3) that such further or other relief may in paragraph five. After reading the replication be given as the nature of the case may require." to that answer, which replication was dated Nov. In answer to this petition there was an answer 22nd, 1898, Mr. Pollock, continuing, said the put in by defendant Chater alone, and his answer of defendants Chater and Mody was not lordship would see that by this answer de-filed until the 3th of April, 1890, or four months fendant admitted that the balance alleged in plaintiff's petition was due by defendant to plaintiff. Paragraph one of the answer said-
Mr.Fraucis-1 object to the answer of de- fendant Chater alone being read.
His Lordship-Is there any object in doing so, Mr. Pollock?
after plaintiff's replication. In their answer defendants said :—“ In or about the month of June, 1887, the plaintiff, who was then resident in Hongkong and who was speculating very largely in shares in the local market, was in great financial difficulties. He had bought and sold shares largely on time for settlement at