they would have It In evidence, hours of the vessel leaving the us leaking, and within 12 hours of leaving the harbour she had to be abandoned || ther. Therefore he thought the jury would be satisfied, npon the evidenos of the
chief engineer and the second engineer, that the
White Cloud did leave this port in an noses- worthy condition. It was true she encountered certain amount of swell outside. There was carlain roll in the sen, but there was no typhoon on and there was nothing which could have caused an ordinary sesworthy ship to leak in this way. It would, no doubt be urged for the defence that there was not sufficient proof that defendant knowingly took the ship to sea an unseaworthy oondition. Of course the only way by which they could judge of defend- La state of mind was by the ight of their commonsense. The question they had to put to themselves would be whether such facts mast have been known to defendant as an ex- Perienced master, baring knowledge of the condition of this, const, as would bare in lined bim to think that it would be a risky thing to take the White Cloud to Manila in the mouth of September. If looking at the matter as a whole they came to the conclusion that it must have been evident to defeudaut as an experienced mariner that it was a danger one thing to take the ship across to Manila in the month of September, then he would submit they would be perfectly justi- Bed in Anding that defendant did know ingly take the ship to sea in such an unsea- that the lives of the officers and likely to be endangered. It was defendant to go into the witness box evidence. No doubt any evidence he might give
give which would go to show that he look certain precautions and made certain en- quiries and that as the result of those enquiries he came to the conclusion that it would be a raasonable and proper thing to take the ship. over to Manila would have every consideration. The evidence for the prosecution given at the [agistracy was repeated,
THE HONGKONG WEEKLY PRESE AND
His Lordship and Mr, Pollock announced their willingness to finish the case that day,
Mr. Francis then said there could be no ques- tion--after the event they were all very wise- that the White Cloud when she went to sea
|
|
|
monsoon
and
smooth During the last gone across in admitted that time
bitualis
the word for long
loyment
short voyage as the weather thêm absurd to say that because she was dle boat with projecting, spolisous seaworthy, because, sa admitted by all the older steamers: on this: Coast Yangtze River steamers had pɛddlő sponsons, and they came out, ro from the United States, where they so that the mere fact of a veszel did not necessarily među that a long voyage at 20s or conclusion Mr. Francis Tubmitted was no evidence to induce the jury to verdict against defendant, and be aske with confidenos to say that Captain Ka was not guilty,
Mr. Pollook having, some of the points address,
from Hongkong on the 8th September last was sea-going steamer, baj not seaworthy. It sino necessarily followed mount a vessel that that they must admit that being so un. had to chance N seaworthy when she left Hongkong the meet, and in that net lives of the people who were on board were
Cloud was u likely to be endangered. There was no ques- steady and par tion at all about it that defendant did as the question. master take the vessel to sea and that ke took her to sea in an unseaworthy condition. That had been proved by the event, and the only question for their consideration was this: did defendant take the vessel to sex kuowing that she was in an unsenworthy condition, so unseaworthy as probably to endanger the lives of those who were embarked on board her? There was no direct evidence at all that he knew her age or when the was built or of what material: she was built or how she was fastened, what her strength was, and what her then condition was. There was not one tittle of evidence which showed he was ever on board her before he want on board as master, or that he ever had any. thing to do with her before. There was no evidence to show he examined her and on ex- amination found her planks rotten, her fasten. ings insecure, or that there was anything to cause him to doubt for a moment her perfect sufficiency to go to sen. The jury would be asked to infer that defendant as a master mariner with considerable experience ought to have known the moment he cast his eyes on her and the moment he heard what vessel it was he was wanted to take over to Manila, without being told by anyone, without inspecting her and without having her inspected--that he ought to have necessarily inferred from Her externd! appearance that she was necessarily unseaworthy and unfit to take on a three days' trip from here to Manila The jury were asked to infer that defendant ought to have known this as a master mariner. What happened to the vessel? Mr. Francis said he had no evidence to call. The chief engineer said he went on board the he would submit to his lordship in the first vessel on the 4th September, when she was at Foo that there was no evidence whatever to go Yaumati. He found the engines in perfectly to a jury to show-assuming that it was admitted good condition. The boilers were a little thin, that the vessel was taken to sea in an unsea-
but nothing happened to them, so that that worthy condition and in such a state that the question did not come in. The two engineers lives of those on board were likely to be endan-made an examination of their department, and gored any knowledge on the part of defendant that the vessel was in that condition, that she was in fact unsenworthy, and 'that if taken to she was likely to endanger the lives of those on board. All the evidence which had been Firen before the court that day was confined to the state of the vessel herself, and there
open
10:
His Lordship sum The jury retired | minutes to Sva consider their verdict, returning after an 'ab- | sence of about ten minutes..
The Clerk Gentlemen of the jury, have you agreed upon your verdict P
The Foreman—Wo kikve.
To fr
The Clerk-How say you, do you find defen: dant guilty or not gulity !
The Foreman-Not guilty,
The Clark Are you unanimous? The Foreman-Wesro.
His Lordship-Defendant is discharged
22nd November.
RETURNING FROM BANISHMENT. Lan San Wang, who' was cha obeying in order of banishment, guilty.
The jurors were 'Mesurs., J. J. H. Uzberry, W. B. Walker,
'n Kio Chob, Vahab Carreom, and I
Prisoner was found guilty and son 12 months' imprisonment with hard labour. Another, Chinaman named Chu: Shing similarly dealt with for a like an enod
ROBBERTAT ARKI Leang Fuk was
ona or more
5th October. He headed
with robbery
The jurors
M.P. Tayin V. C. U. Herbat, F. Rosario, T. D, Donaldson, La Kio Choh, Wong Kes Ban, Vahab Curreem.
they suspected or believed that the boilers were not sufficiently secure, and that if the vessel got into a heavy sen or if she began to roll the boilers might get out of their places, and they got long banks of wood for the purpose of holding the boilers stendily in their places. But what he wanted to call their no evidence whatever to show defendant had attention to was this, that in doing so they had knowledge, or any means of getting that necessarily to see clearly the sides of the rendel, knowlege, of her state and condition. There was her timbers, sud frame and planking, and they nothing from which the jury could infer know saw nothing about the vessel which suggested. dge on his part. The chief engineer said he to them that there was anything wosk or un-
an examination of the 40ft, of his own part satisfactory or unsafe about the hull of the Mr. Pollock said. prisoner compartment and could see nothing which vessel. Let the jury baar in mind what had he with two other ted his attention and which could induce been said as to the frame of the vessel. The Pun Leung Po him to believe that the vessel was in an unsea-sponsons projected eight or nine fost at the plainant would Worthy state or that her seams were likely to broadest part beyond the sides of the vessel, ployed at the open as soon as she got into the least roll of the but they were part of the frame of the vessel.
charge of the According to the Ordinance, there was a They rested on beams which went across from night of the 5th Os orence on the part of the owner of the side to side and were heavily secured. They house when three whether he sent the vessel to sea in an, were not eight or nine feet in width the whole door, which had not
briny state knowingly or unknowingly, way but only in one part, tapering off gradually. got up from from his master was in a totally different, posi- The jury knew perfectly well that typhoons struck him on the being only considered culpable in the eyes were signalled telegraphically to them from man taking ► of the la* if he did it knowingly. He asked Manila. They had no evidence, and no evidence front of him his Lordship to rule that there was no case to had been given, as to the state of the weather, with the
a jury on the point of knowledge, and
but of one thing they might be certain, and was hanging. His Lorship said he was not prepared to say that was that had there been any typhoon complainant
no evidence that defendant knew signalled from the Philippines or from the There
ubseaworthy that was to say Meteorological Observatory here, or any indion-wife, who
to Manila--because he was tion in the harbour which Captain Bermond told her mariner. He had been was bound to know of any, ɓad ther for years in the Chins sens, the China seas at the time the prosecu September was a typhoon month.
fact that this was an old river would certainly have brought
notice; it would
been a dant could not have been all element in the case which the pro
hont knowing that the
not have failed to, brin old Macao to Canton they might tako on the whole inclined to
Raymond there was no
1
appros
Important
would
Save Hfe.
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