September 9, 1899, |
whether his attention was specially directed to the question of the number of tiers, whether all the rows hed the same number of tiers, and whe ther the tins when e saw them were in exactly the same condition as to stowage as during the voyage," I say this, because I consider the per- son who on ht to know best was the European officer whe sotually supervised the stowing of the
e aniseed oil. That was Mr. Nilsson the first officer of the Huilan at the time the oil was put on board and the only European officer of the ship who gave evidence. The evidence i taken de bene esse shortly before the trial at the request of the defendant's solicitor.
Was
He (Nilsson) said that in October, 1897, he was employed on board the Hailan as chief officer, that this oil was stowed on board by stevedores from the shore under his supervision, right across the ship in the after tween decks in, as far as he could remember, three tiers." Now, this is the evidence of one of the defend.” ant's own witnesses, an officer who said he had seen a good deal of aniseed oil shipped," and who would not have been likely to have spoken of three tiers if he had been in the habit of carefully avo:ding stowing in that fashion goods of this character, very valuable, worth $170 a tin, and not very strong.
де
To quote Captain Goddard's evidence again, which indeed he gave very fairly, he said "I think there must have been some weight on top tojam in the tops of the tins." This throws light on Nilsson's statement that some of the tins in the lowest tier were broken, which he attributed to the weight of the other tins above and the labour ing of the ship in a heavy son. It appeared also from Nilsson's evidence that there were tubs of indigo stowed next in front of the aniseed oil, and these tubs were alleged to weigh over a hundredweight apiece. Ko Tim stated that there were some tubs of indigo over the oil, and he helped to lift them down when he went to take delivery, but unless he is mistaken in saying there were four tiers it is difficult to see how tubs about IS inches high could get between the top of the tiers and the upper deck. Captain Burnie stated the height of the 'tween decks was six feet eight inches. The tins of oil în baskets were about sixteen inches in height. With three tiers, say a little over four feet in all. it would be possible, bat with four tiers impossible. However, dif ficult as it is to reconcile all the conflicting statements in cases of this kind, I find as a fact that the oil was not properly stowed, that due care was not taken to prevent undue pressure downwards on the tins below, and that had this care bean taken, they would not have col lapsed even if both tins and baskets might with advantage have been strong r.
due
**
As Captain Andersen stated in his evidence, it must have been apparent to any one in the habit of stowing cargo that merchandize of this sort required careful stowage, and he stated also that when he ran steamers from Pakhoi some time ago he used to place the aniseed oil next to the after bulkhead arranged in a row with nothing (no second tier even) on top, and then put planks to prevent shifting and that as it was expensive stuff, they charged extra freight. No doubt, however, in those days he had not so many tins to carry as is the case now.
In all the circumstances, I am of opinion that the plaintiffs have made out their case and that the defendant has not shown that the loss is within the exceptions in the bill of lading or caused by insufficient package. Accordingly, there must be judgment for the plaintifia for $1,700 and
Costs.
In Bankruptcy JURISDICTION,
BEFORE His Honour W. MEIGH GOODMAN
*** (Acring CHIEF JUSTICE).
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BE FRANCISCO, LUIZ PEREIRA. Mr. Grist applied on behalf of Francisco Luiz Pereira for a receiving order. The assets were simply the salary of this mau. He had been for a great number of years employed in the Telegraph Office and for a long time had been owing money, to money lenders. The manager had written saying he was willing pay a certain, proportion of the debtor's salary in liquidation of his debts,, de believed the debtor Swed something over $1,000 and his
110 в month,
CHINA OVERLAND TRADE REPORT.
The debtor, in answer to His Lordship,, said he had a wife and five children, and at the time he contracted his liabilities he kept his mother Ho sister, brother, wife, and so on. He was willing afternoon to pay whatever he owed., He suggeste: that an order for the payment of $10 a month should' be made.
equently The funeral
on. Monday.
On Tuursday
the Acting Poli **gistrate (Mr. H. Gomperts) held an inquires t
the Magist
touching the death of a De[*** Goyett, a midhhipman on board H.M.B. Orlando, who was killed by a revolver bullet on Sund morning last.
His Lordship-I think you ought to live on 591 a month, and then you could pay $50 month. How many have you depending upon you?
The Debtor-A wife and five children, and I y 310 a month towards the support of my mother.
His Lordship said that this was rather an exceptional case, and he only made the receiving order on the understanding that the debtors likely to retain his position and get $140, a month, so as to make a sitisfactory monthly payment,
BE JOHN MC-[VER, John Melver appeared for his public examin ation.
In answer to the Official Receiver (Mr. Bruce Shepherd) he said he was a chemist and until lately carried on business in the Phar- macy, Queen's Road, under the name of Fletcher and Co. He purchased the business in May, 1897, from Fletcher and Co. The latter were Mr. Carmichael and himself Mr. Carmichael's, share in the business before he purchased it was larger than his; he only had a small interest. He was supposed to pay Mr. Carmichael $13,000, including the stock, fixtures, and debts to be collected, He expected to collect possibly 55,000 worth of debts. He paid Mr. Carmichael $4,500 in cash, He had not paid him the balance. He did not give Mr. Carmichael any security. He had not paid him any interest on the balance of $8,500. Mr. Carmichael was his principal creditor. He managed the business for himself and Mr. Carmichael for four years before he purchased it. Before then he was in basiness in Shanghai. He borrowed up to Feb. last some $6,000 from his friends, and the $4,500 he paid to Mr. Carmichael was part of this money. He expected to make a profit of some $2.000 or $3,000 a year, and he did so, but put the money iu stock. One of his reasons of failure was that be had not sufficient capital. Then he had not enough stook to begin with. He increased his stock by living on a small amonnt himself and expending most of his profit on his purchase of stook. Mr. Carmichael issued a writ against him, and this induced him to go into bankruptøy. His trade debts amounted to about $9,000, which brought his liabilities up to about $23,000. He was appointed manager of the business on his going into bankruptcy, until it was sold in August. He valued the stock at about $18,000, but it was bought for $2,000. He considered that of the $8,000 debts due to him some $5,000 were good, so he thought there would be $7,000 to pay off $23,00.).
The debtor pissed his examination.
SAD SHOOTING CASE.
Dr. E. J. Biden, staff surgeon of the Orlando, said that when the body of the dece brought on board on Sunday, and found, no marks of violence the bullet wounds in the head- on the forehead, and the ond of je back of the head.
cient to account for death. The won on pretty much the same level. internal examination. The wound of was smaller than the wound not_so, irregular. Judging from puffiness about, wound of entry, he say that the shot was fired at short, should expect that death would be instantsu He should say that desth had taken place three hours before he saw the body.
ould
Ho
Lieutenant Colin Mackenzie, of the Orlando, said that on Sunday afternoon about thre o'clock be was returning from a shooting with three others in two sampaus and between Castle Peak Bay and Hongkong har they came across a steam-lanich, which t hailed, and asked those on board if they give them a tow. They said they would not give them a tow, but they would take them aboard. They went aboard and found that the dead dody of the deceased was in a simpan astern. They told them that Gorett båd shot himself with a pistol that morning. He was shown the revolver produced, He did not, go into the sampan to examine the body, which was under a white ensign. The body” was taken on board the Orlando und shortly after wards sent to the Naval Hospital. He had never seen the revolver produced before, The deceased was a midshipman, and joined the Orlando on the 17th August from the Tomer.
Dennis de Conroy Anstruther Herbert, midshipman on board the Orlando, said that he and three others went on a shooting expedition on Saturday morning, going towards Castle Peak Bay in a sampan. Between half-past nine and ten on Sunday morning they met another shooting party composed of Mr. Mengens, Mr. Jordan, engineer on the Tamar, Mr. Silverthorne, Mr. Hasoland, and two more whose names he could not remember: They were all sitting downl on the side of the hill on the main path when they heard a pistol report, and some one called out “He's shot himself!" Witness was at dãe end of the line, and he believed the deceased v sitting down at the other. He got up and deceased lying on his face. He did not notion the pistol at the time. They moved him în trying to stop the Law of blood, but did not. A MIDSHIPMAN LOSES HIS LATE. succeed in stopping titiWitness then went A sad shoot ng case which occurred on Sun. away to get something off which to carry the day and resulted in the death of a young mid-deceased, and brought back a door. The o shipman from M.8. Orlando, named Evelyn | ceased had been carried about 150 yards tos Govett, ag d.18, who only joined the ship a few wards Castle Peak Bay by the remainder of weeks ago.
the party, They put the deceased; who was then dead, on to the door, and took bin a sampan and went off to the launch the pia. The body was left in the which was towed behind the launch. seen the pistol produced - before t happened. It belonged to the deceased saw it in the deceased & hands about half-as before the accident. When he went to the deceased he did not see where the was. The first time he saw it after was when it was handed to him by lone
➡he did not kno had been put on to the door. - Ha pistol down to the launch. - He who was sitting next to the decease not hear about anything | with the pistol abo
It seems that he formed one of a party of Dayal officers and civilians who left Hongkong for a shooting expedition over on the mainland with the intention of returning on, Sunday, They appear to have had some capital sport and to have spent a very pleasant time up to Sunday morning. They had walked four or five miles and sat down to rest in the neighbourhood of Castle Peak, when the sad incident in ques: tion occurred. A proper story does not seem forthcoming, and we shall no doubt nave to wait until the inquest before the matter i, properly explained; but as far as„wo gather Goyett was practising shooting, with his revolver, He had fired five shots hen the sixth snapped. It is surmised that was looking down the barrel to see was amiss, when the sixth contridge some means or other, was discharged.. striking the unfortunate young man the right eve and coming out at of the head. Dea que. Another
bat
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