:
June 30, 1902,
HE STRANDING OF THE ROBERT DICKENSON."
CIKU ERQUIET.
sat at the Harbour Master's Ace on the 20thinst, toenquire into the circum. stances attending the stranding of the British steamskip - Robert Dickenson, † The Court was constituted as follows:-Hon: Commander R. Murray Rumsey, R.N., Stipendiary Magistrate (prèsiding);;. Lieut. Frederick W. H. James, RN HMS. Tamar; Mr. Oswald Percival Marshall, master of the British s.s. Empress of India and Mr. John Greig Dorward, master of the British a.si Crown of Arragon.
-
Mr. E. J. Grist of Messrs. Wilkinson and Grist, solicitors, appeared for the master,
A letter was read from Messrs. Wilkinson and Grist asking for an official enquiry into the case, on behalf of Mr: Sidney Frederick McDonnell, until lately master of the Robert Dickenson, but discharged by the owners on account of the mishap to his vessel. There was also read the warrant constituting the Court.
S. F. McDonnell, sail he was master of the vessel at the time of the stranding, 20th ult. She was an iron ship of 1,331 tons, owned by the Shell Transport and Trading Co. She wAS on a Vorage from Hongkong to Yokohama with a cargo of kerosene in bulk. he left Hongkong on 18th May. All went well till the 20th; at 2.10 a.m. they got into a fog. He was called, and the engines were put half-speed at 2.20. It was he.. who ordered the sped to be reduced. At 3.30 the engines were put glow. At that time he sent the chief officer to sound, but before the lead was got ready they heard the first gun from Ockson. sig al station. The course was altered to northward. At 3.34 they heard the second gun. At 3.35 the ship struck on the north end of the island. The last bearings were taken on the previous evening. The ship went 9 knots when at full speed. He was steering to pass the island two miles to the north. The course was N.Ehe afterwards altered the course to give a little more room. At 3.30 he reckoned that the ship was 8 miles off the island. The Ocksen signal gun was fired three times when a ship's whistle was heard. His whistle had been going every three minutes from 2.20.
By Mr. Grist-From the time he was called at 2.20 sm. he was on the bridge; the chief officer was also there. There was a look-out man on the forecastlehead. His opinion was that his whistle ought to be heard 3 miles off. He should have heard the answering gun 3 miles off at least. He did not expect to hear the gun as soon as he did.
Examination resumed-He considered it care ful navigation to stand on while approaching a fog signal until the gun was beard.
Evan Perry, the first officer, said he was on the bridge on the morning of the 20th. He went on deck at 12 o'clock. The weather was a bit hazy. There was nothing in sight. He went on to give evidence corroborative of that given by the captain.
|
CHINA OVERLAND TRADE REPORT.
that at 3,30 she was about 8 miles from | Daily Express published the suid Oaksen." "In making the estimate, however, and that Plaintiff had a chance the Court is of opinion that a proper allowance fiat contradiction of the minu had not been made, by the master for current reassuring message but that instead nor for the error of the compass and that the said Daily Express told a lie big enong distance done as shown by the patent log was the devil in the amateur class are- relied on in spite of the current, which had substance and in fact. Particulars of the cald been clearly slown in the log as existing ever false reports and lië are delivered herewith kid since leaving Hongkong. As a matter of fact, exceed three folios. if the allowances had been made for current, 5. As to the residue of the said words compass and patent log, which the evidence mentioned in paragraph 3 hereof the Defen- and the logs show were necessary, the position |dant says that the same were part of a news. of the ship works out to be almost exactly paper article which article was in so far is it the one she was found in, namely, the applied to the Plaintiff a fair and bona fide Island of Ocksen. The master also appears comment upon the conduct of Plaintift in his to have unduly relied for the navigation public character as the nominal" Shanghai of the ship on the fog-sigual gunu on Ocksen. correspondent of the London Daily Express a Having fully considered the evidence, the Court public newspaper and was printed and publish- is of opinion that the Robert Dickenson has noted as and for such comment and without any been navigated in a proper and seamanlike malicious motive or intent whatsoever. manner and that the casualty was due to this, which they are of opinion amounts ta wrong ful act or default on the part of the master, and they therefore direct that his certificate be suspended for a period of three months from this date. The Court learns from the evidence, with surprise, that the shop was not fitted with a revolution counter in the engine-room, making it very difficult to set the ship to a given speed; and in coming to their conclusion the Court has taken this fact into full consideration. The Court further direct that a first mate certificate be issued during the period of suspension if the master so desires.
The Court rose.
THE SHANGHAI NEWSPAPER LIBEL CASE.
On the 18th inst, at. H.B.M. Supreme Court. Shanghai, the case H. D. O'Shea v. T. C. Cowen came on before Mr. F. 8. A. Bourne, Acting Chief Justice, and Messrs F. Large, J. E. Judah, R. Viccajee, J, Valentine, and T. Cock (jurors). Mr. D. McNeill and Mr. F. Ellis appeared on behalf of the plaintiff, and Mr. V. Drummond and Mr. A. M. Latter the defen- dant.
The petition read as follows:-The petition of Henry David O'Shea of Shanghai in the Empire of China he above-named Plaintiff
shows as follows
The Plaintiff is a British subject, residing at Shanghai, and is and has been for some years past, the Proprietor and Editor of a daily news- paper published in Shanghai called the China Gazette and also of a weekly newspaper published at Shanghai called the China Gazette Weekly Edition. Plaintiff is also and was during the year 1900 the Shanghai Correspondent of a daily newspaper published in london called the Daily Express. The Defendant is a British subject residing at Shanghai and is the Editor of a daily newspaper published in Shanghai called the Shanghai Times. The Defendant falsely and maliciously wrote and published or falsely and maliciously published or cansed or procured to be published on the 18th day of January, 1902, in the said Shanghai Times of
After the petition, answer, and particulars of the case had been read, Mr. McNeill ad. dressed the jury. He said they would be well aware that what they had to decide in this case was whether a certain article publishë l in the Shanghai Times was a libel on the plaintiff. It was not within his province to define what a libel was, as his Lordship would give a definition, but he might state what very learned judge, the late Justice Black,- barne, defined as a libel-"Any written' state- ment published without lawful justification or. excuse and calculated to convey to thosệ tà whom it was pablished an implication injurious to the plaintiff, or injuring bim in his business, or holding him up to contempt, or hatred, or ridicule." The jury woull have to define whether this statement was libellous, and if so, consider the further question of damages.
He
Mr. Drummond objected to this remark. >aid that the only question was whether there was a libel upon the plaintiff.
Continuing, Mr. McNeill pointed out the reasons why a jury had been called to consider a case of this sort urging as one of the principal ones that they as practical men would be able to put a proper meaning on the words used in the telegrams. Their attention had been drawn to those terrible accounts of the siege of the Peking Legatio 18. He supposed that some, if not all of them, were in Shanghai at the time, and Le did not think they would need reminding of the very great anxiety which was felt with regard to the fate of the course. anxiety foreigners in Peking. Of was felt more particularly by those who had friends and relatives amongst the people there: They must have known people who felt great anxiety concerning the fate of the Lega- tons, and that anxiety, as they all knew, wAS very keen They would remember that the really serious point about the situation-the thing we felt most of all-was the absolute lack of any real news for a very long period. There was nothing known to be true which came from Peking except that despairing message from Sir Robert Hart, and the cypher message sent in the middle of July he believed it was on the 18th July-by the American Minister, Mr.
S. F. McDonnell, the master (recalled)-Heard concerning the Plaintiff the words follow-Conger. Beyond these two messages there was did not think it necessary to allow for currentsing: -[Then follows in full the article entitled at this part because he considered them so unreliable.
By Captain Marshall-There was no counter in the engine-room, so there was no, check on the speed.
The master, being asked if he wished to make any further statement, said that all he wished to say was that if the fog-signal gun had been properly fired the ship would not have gone ashore,
The finding of the Court was as follows:- We find that the British steamship Robert Dickenson, 82891, of which Sydney Frederick McDonnell was master, the number of whose certificate is 243 of St. John's, Newfoundland, left Hongkong on the 18th May on a voyage to Yokohama: the Robert Dickenson was a tank steamer of 1,331. net register tons; and, she had on board a full cargo of kerosene oil in bulk; that about 3.34 on the morning of the 20th May the ship struck on the western extreme of Ocksou Island and remained on shore for about 3 hours, eventually coming off with a rising lide and:
assistance of the engines. It
from the evidence that the ship ran into a fog at about 2.20 am, on that the master estimatep
the 20th
The Shanghai Liar."]
The petition goes on to say that in conse- quence the Plaintiff, who has been much prejudiced and injured in his credit and reputation, claims Tis. 15,000 damages. Th· Defendant's answer is as follows:-
1.-The Defendant denies the allegations | contained in paragraph 1 of the Petition.
2.--The Defendant admits that he is a British subject and the Editor of the Paper known is the Shanghai Times.
3.—I answer to paragraph 3 of the Petition the Defendant denies he wrote or published or caused or procured to be published of the Plaintiff the words set forth therein as alleged and further denies that the words commencing from "The Shanghai Liar down to " This was the parentage of the Massacre telegram were written of the Plaintiff.
As to the residue of the said words the Defen- dant denies that they bear the meaning alleged in the said paragraph,
"
4. The said words mentioned in the pre- ceding paragraph hereof in so far as they state the Plaintif telegraphed to England false reports of the Massacre in Peking as far as his conscience permitted him and that the said
nothing which could be regarded as certain news. That was a very serious thing—that we had no way of obtaining any real news at all; and they would remember how we all devoured everything of rumour or statement whether it was true news or not, which. came down to us, in the hope of finding something to relieve that fearful tension caused by silence. In Shanghai we were a little more closely connected with people in Peking than people at home, but at the same time there were persons at home who had friends and relatives there, and all of them
But we "were were ager for news. in the same position and read everything. which appeared in the form of news. It might occur to them to wonder how it was that "ll these details of massacres in Peking were pub- lished. The truth was that the majority of ordinary people had not a sing'è oance of im- agination. These people, who forme majority of the reading public, of the husbands meing their their children carried on spears streets, and all the rest of it. heard these rumours could therefore himself what occurred. account of carnage and an explanation which