418
Mr. Francis replied that he was endeavour- ing to show that Captain Darke had no experience of the Northern Fairway, but had taken it at all times from a Chiness pilot, that he had disregarded the Harbour Regulations, and that he never saw the chart of the harbour before him till after the collision.
The cross-examination was then continued on the same lines until the adjournment for tiffin.
On the court resuming, Mr. Francis, in cross- examination of Captain Darke, elicited the admission that had the Glengyle gone full speed astern in the interval between the first and second blast a collision with the Hangchow might have been avoided.
The cross-examination of this witness occupied practically the whole day.
The further hearing was resumed on the 15th and 16th April, and the suits were then adjourned till the 28th inst., to hear the arguments of counsel.
Tuesday, 14th May.
|
|
THE HONGKONG WEEKLY PRESS AND
[May 20, 1901.
Witness: Yes! I dismissed him broause he did not tell me it before.
Mr. Hastings: And you think that's a pro- per way to treat the captain of a British ship, do you?
owners to master-mariners for disbursements | steamer with a false load line and endanger the on board their ships.
lives of those on board, so that you can get a Capt Primrose said that his engagement higher cargo, and you dismiss this British Cap. with the defendant was made on the 1st Decem-tain without any notice because he found the ber last, when it was arranged that he should true load-line P receive $25) for the first three months, and $300 a month after that. He engagel the crew, and prepared the vessel for her voyage. No complaints were made as to his conduct, or anything connected with the ship. He arrived here on 19th April from caigon, and the next morning he had an order to leave the ship. He called at the office sub- sequently and asked the reason for his dismis- sal. He saw the manager who said that the defendant was away at Canton. He was told that no reason could be given. He asked the manager for a discharge, and the latter said he could not do anything in the matter while the owner was away at Canton. However he never got his discharge.
Cross-examined: Mr. Ray ws present at the time when the agreement was made, and he was engaged for an indefinite period. He had been captain of a ship of the same size as the Telemachus, and one which may be 200 or 360 tons smaller. Previous to joining the vessel BEFORE HIS HONOUR A. G. WISE (PUISNE he was in Government employ, which he re-
IN SUMMARy JurisdicTION.
JUDGE).
CAPT. P. 8. PRIMROSE V. UN LAI CHUEN.
This was an action brought by the plaintiff (on the original summons) to recover the sum of 8633.35, being, as he alleged, the amount of his salary and disbursements as from the 30th April, 1901, to the end of May, 1901, as damages for wrongful dismissal.
Mr. Hastings (Messrs. Deacon and Hastings) appeared for the plaintiff, and Mr. J. Hays, (Messrs. Johnson, Stokes and Master) represent- ed the defendant.
In opening, Mr. Hastings, by consent, amended his claim by reducing on the one side of the particulars of the claim the master's pay from 360) to $2:30, and on the other side adding $750 as "damages for wrongful dismissal 24 months' wages in lieu of notice,” and 872 as paid wages of steward, three boys, and a cook for March.
His. Honour consented to the amendment, and the claim stood as $1,055.28, but in order to bring the amount within the Court's Jurisdic- tion the sum of $55.28 was waived.
||
In stating his case Mr. Hastings said his client was a master-mariner, and had been so for many years. The d fondant was the owner of the steamer Telemachus, which he had lately purchased, and which was formerly one of the Blue Funnel boats. The plaintiff was engaged by the defendant as master of the vessel from the 1st December last at a salary of $250 for three months, and $3 0 after that period, if the ship was navigated successfully. He engaged the crew and signed the usual articles. Indeed he made several voyages from Hongkong to Saigon and the Philippines, and everything went well. He returned to this Colony from his last voyage to Saigon on April 19th last, and on the next morning at 8 o'clock, Capt. Williamson went on board, and presented Capt. Primrose with a letter in which he was requested to hand over command of the steamer to the bearer. On receipt of the communication, of course, Capt. Primrose immediately completed his necessary business and left the ship. He at once went to the defendant and asked the reason, of his dismissal.
His Honour: What was the trouble? Opium? Mr. Hastings: No trouble at all. We have not been able to find out. My client asked the reason, and could receive no satisfactory reply. He even asked for a discharge and a character, and they were refused him. Now, I submit that the master of a ship is in the position of every other person engaged as a servant, and in fact in a much higher position than & olerk, who is entitled to a reasonable notice of dismissal, and it is for your Lordship to say what reasonable notice of dismissal my to in this case. An ordinary
client: is entitled to three months' notice.
olárk
है।
|
I submit the captain of a steamship is in a very much higher position, and is, if at all, entitled to a very much longer notice, but in order to keep within the mark we have claimed the three months only. The rest of the alaim is the ordinary captain's account which has been paid month by month, and which I shall show your Lordship is that usually paid by
|
signed in order to take the command, but he was not by any means keen on the job. His engagement in terms was $250 a month for three months and after that $3 0. He had spent $40 in ricksha-hire in Saigon, and that was the amount pro ratu which had been allowed him in previous months. Certain ly he took.a carriage and pair on going to town, and that was customary. Sometimes he went to the agents twice or three times a day: indeed, whenever called for.
Mr. Haya: During the time you were in that ship, was any alteration made by you in the load line?
Plaintiff: Yes! I had it shifted to its pro- per position. It was on my return from ebu to the Philippines.
Mr. Hays: Why did you alter the load-line ? Plaintiff: Because it was a false load-line
and I was afraid of getting into trouble with the authorities here. I made the discovery
|
that it was four inches above the Board of Trade
mark after a return from Cebu, and after I had been in a gals with the vessel loaded down to her mark. It made a matter of 84 tons dead weight to her. The higher mark might have been put on when she was in the dock.
Mr. Hays: Did you consider that when you got this notice of dismissal it was on account of this alteration of the loud line?
Plaintiff No! If I had not done so it would have meant a big fiue for the owners.
Mr. Hays: Was it not detrimental to the owners of the vessel to have the load-line shifted in that way ?
Plaintiff In a way. They lost in cargo 21 tons to every inch, but it was a false load-line, and it was likely, when the ship was loaded, to endanger its safety.
Mr. Hays: Was it not a serious offence to shift the lead-line ?
Plaintiff It was a much more serious offence to have it in the wrong place.
Mr. Henry Braeter said he was the second officer of the Telemachus at the time the load- line was shifted. He had known the plaintiff for the past seven years; had sailed with him for five years, and knew him to be an efficient marin officer.
Cross-examined: It was the captain and
mate who found that the load-line was false,
through the bad weather we had on the voyage to Cebu. He (witness) altered the mark himself, and he did so because they had found by scraping that the Board of Trade mark was 4in. below the painted one.
Mr. Hays: Do you not know that in altering the load-line you were taking a great risk upon yourself?
Witness; No! It was done by the Board of Trade
Mr. Hays: How do you know whether it was not done by John Brown?
Witness: Because John Brown would not put it in with a hammer and chisel (laughter).
For the defence the Chinese charterer was called. He said he had a great objection to the captain altering the load-line, because by that he lost cargo.
Mr. Hastings: Then you prefer to run this
Witness: He should have told me bɔfore. Mr. Ray, ship broker, deposed to having negotiated the sale of the s.8. Telemachus, and was present when the engagement for service was made between the plaintiff and the de- fendant. His idea was that although Capt. Primrose wanted $30 a month after three months' service, the reply of the defendant was "We'll see about that.
His Honour in delivering judgment remarked that the plaintiff was perfectly justified in shift- ing the load-line of the steamer as he did. If he had not done so he might have got into very serious trouble either in the Harbour Office or at the Police Court. There would be judg- ment for the plaintiff on the amended account for $905.25, and costs.
LAWN TENNIS.
The following two ties in the lawn tennis tournaments of the Hongkong Cricket Club were played off on the 11th inst:-Singles A Class-P. A. Cox, owes 1/6, bent E. G. Barrett, Grist and T. S. Smith, owe 15-1, beat F. H. Yeats Owos 4/6 (7-5, 6-3); Double Handicap-E. J. and E. G. Barrett, owe 2/6 (6-4, 5-7, 6-2, 6-3).
The following results were arrived on the 13th inst.-Final lie, A Class Handicap- P. A. Cox, owes 1/6, beat A. Humphreys, owes
2/6 (6-2, 0-6, 6-2, 6-4); Final Tie, B Class. Handicap, F. X. Da Castro, 15 3, beat C. M. G. Burnie, scratch (6-0, 7-5, 6-3).
On the 15th inst. the concluding results were : -Professional Pairs, final tie-Ë. F. Maçkay and P. A. Cox beat F. Maitland and H. W. Slade
(8-6, 6-8, 6-2, 6-3); Championship, final tie-H. Pinckey (holder) beat P. A. Cox (13-11, 2-6, 6-1, 8-6). In the latter event Cox made a good struggle, but in the end could not cope with his formidable opponent.
HOCKEY.
KOWLOON. V. THE WORLD. This match, which came off at Kowloon on Saturday last, 11th inst., before quite a large gathering of spectators, including not a few ladies, resulted after a very fast watch in favour of the home team by 7 goals to 2. The match was, however, much more closely contest- ed than this result would show, and had the visitors been more accustomed to the fastness. of the Kowloon ground the result would have, doubtless, been very different. During the after- noon, through the kindness of Col. Baillie and the officers, the band of the 22nd Bombay In- fantry enlivened the proceedings by an excellent selection of music.
HONGKONG VOLUNTEER CORPS.
**A MACHINE GUN CO.
took place at Kowloon on the 12th inst., when The second competition of the present series Gunner Blason scored his first win on the No. 1 Cup, and also sent in the bost contribution towards the No. 2 Cup.
The very unfavourable weather prevailing during the competition accounts for the poor scores returned, especially at the 50 yards
range.
The following were the best scores :—
200 400 500 H'cap. Tl. Gunner Blason
25-624-15 25 89 20 32 17 13 82 Corporal Plummer
23-31 14 Captain Sanders...
A179 Gunner Edwards... 18 31 12 16 Sergeant Barrett 25 19 16 17
It is believed, says the N.-C. Daily News, that some two or three thousand salt-smugglers are daily expected to arrive in Shanghai and its vicinity, since the attack upon them the native authorities at Kiangyin has place too hot for them.
the