November 19, 1904.]
Li Sum, quartermaster of the Wongkoi, gave evidence as follows :—
I was on duty at the wheel on the bridge at the time of the collision. I took my orders from the Captain and steered, as he told me. When we got into the harbour I deviated from junks on the instructions of the Captain. The deviation was to starboard. The ship anchored
at night, and I was holding the wheel at the *time. Before the anchor dropped I heard the Captain give the order stand by." When the Captain gave the order "let go anchor" I saw two men holding lamps passing by my side. They were the side lights. The men passed my wheel. The lights were out
Cross-examined:-I have been on board the Wongkoi six or seven months. I did not see the lights of any other steamer. I was not paying attention. After anchoring I attended to my duty, which was to take in articles on the bridge. I stood by my post till the Captain said "all correct."
The lamps were taken in, in¦ the same way as when taken in at daylight
By the Court:-I saw the lamp, lifted
and side,
it passed by unlighted. 1 have seen lamps taken in before. They were always extinguished before being taken down below. It is a rule when steamers come into port that lights are put out before the anchor is dropped.
..over
the
me
Li Lee, a sailor on the Wongkoi, said: I heard the Captain give the order to let go anchor. I then took the red light over the side and blow it out quickly. I carried it away and went down the steps on the port side of the bridge. I then went down into the lamp room. which was also on the port side.
Cross-examined: The chief officer gave us orders that we were to blow out lamps immediately on taking them up. This was a
regular rule.
To Mr. Sharp: I was standing by to put out that particularli ht coming into port that night
By the Court: I blew the lamp out on the bridge. The witness here described his actions when putting out the light, the left-hand side of the witness box representing the port side of the ship.
↓
His Lordship: If the winess were leaning over and pulled the lamp up in his right hand, it is just possible that the red light would show astern for the moment as it came over the rail.
Mr. Sharp admitted this, but said it would not be there long enough for another ship to be guided thereby.
Three other Chinese witnesses gave evidence with regard to the taking in and blowing out of other lights on the ship.
į
The second officer of the Brunhilda said: 1 hold a Master's certificate since 1885. On the night of the collision we were anchored at the witnessed the southern fairway buoy. collision and was on deck about three minutes prior to it. I then saw the Wongkoi She had he anchor lights on. The Vongki and our ship w. re something like 200 yards apart. The Wongkoi was lying so that I saw her starboard, quarter. I saw the Ujina coming along and ex- pected a co lision between the Una and Wong- koi. The Ujina at the time I saw her was going about six knots an hour. I did not see a red' light on the Wongkor, I she had shown one I
would have seen it.
Cross-examined; I could see the starboard quarter of the Wongkoi just before the collision. She was heading about N. E. by E. I was in such a position that I could not have se-n the green light of the Wongkoi.
To Mr. Sharp: If the Fongkoï's green light were being unshipped I should think I would have seen it. When I saw the ship I could make her out clearly.
The Captain of the Wongkoi gave evidence as to the height of his bridge, which, with a 16 foot draft, was 21 feet from the waterline. From the waterline to the top of the rail was 11 feet. The length of the ship was 259 feet Over all.
to the
His Lordship decided to go off Wonykoi to inspect the bridge, and adjourned.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. T. SERCOMBE SMITH (PUIŠNE JUDGE.)
H.H. KÉNP v. CIMFEELL, MOORE AND CO., LD. This was an sétion tó- recover $210, afléged damages and costs sustained by plaintiff by
|
}
|
CHINA OVERLAND TRADE REPORT. reason of the defendant company failing to keep their shaving instruments clean and disinfected, so as not to be productive of personal injury to the custo mer shaved.
~Mr. 18~W. Looker (solicitor, of Messfa Deacon, Looker and Deacon) appeared for the plaintiff, and Mr. H. E. Pollock, K.C. (instructed by F. X. d'Almada e Castro) for
the defendants.
375
Mr. Bolster, Mr. Bártón, Mr. C: Barrätt, fl. and Mrs. Byran, Mr. Black, Capt, and Mik. Boyd, Mr. Brawn, Mr. Butt; Miss Barker, Mr. and Mrs. Berindoagne; Mr. and Ms. Bridon, Mr. and Mrs Brewin, Capt. and Mrs. Bushe, Mr. E. Burns-Rye, Mr. C. E. Batt, Mrs. Beven, Mr. and Mrs, Bourchier, Mr. Beavis,
Mr. Boyes, Mr. Bovet, Mr. E. A. Bonner, Mr., Mrs., and Miss Murray- Bain, Mr. J. WC. Bonnar, Mr. Barretto, Mr. and Mrs. Becker, Mr. and Mrs. Bingham, Mr. and Mrs Butcher, MF. Boveton, Mr. and Mrs. Baddeley, Rết, kid Mrk Bridie, Mr. B. E. O. Bird, Mr. L. G. Bird, MF. H. W. Bird, Miss Bird, Mr. Bryer, Col and Mri. Bunney, General and Mrs. Bragg, Mr. B. 8. Brown, Mr. and Mrs. Braidwood, Rev. and Mrs. Runbury Mr. Bratton, Mr. and Mrs. Bowdler; Mr: Bifbeck, Mr. and Mrs. Benson, Mr, Burton, Mr. and Mids Baily, Mr. and Mrs: Borthwick, Mrš: Bentinck.
Mr. Looker stated that the plaintiff's case was that he got shaved at the defendant com pany's establishment; and in consequence of the condition of the razor he contracted barber's The only itch, for which he claimed damages. two points were whether he contracted the disease from the defendant's shop, and if so whether he was entitled to damages. Barber's itch was a species of ringworm, Plaintiff was in the habit of shaving himself during Mr. (rofton, Lieut., Mrs. and Miss Ciauford, the year he had been in the Colony, with the Mr. H. F. Chard, Mr. and Mrą. Craddock,
Mr. Carpenter, Capt. Collins, U.S.Ñ.,. Mr. and · exception of a few occasions on which he had
Mrs. Corderoy, T. (hampion, Mr. and Mrs. been shaved at the defendant company's saloon. On the 24th September he was shared by them Cowan, Major and Mrs. Caulfield, Mr. Collins, and bad not been shaved by anyone before that Cart Carleton, Mr. Cooper, Mr. W. G. Clarke, Mr. Chesney, Mrs. K. Cooke, Lt. Champion, for about eight or ten weeks. About ten or
Mr. Clark, RE, Rev. Chappell, Mr. Calthrop, eleven days later he began to notice eruptions on
Erg. Lt. Clegg, Mr, Mrs. and Miss Cocker, Mr. his face, and on consulting Dr Stedman it was pronounced to be barber's itch and he was unable Clement, Mr. W. E. Craig, Mr. Christiani, Mr. to shave for three weeks. He had to wear band- Courtenay, Mr. W. L. Carter, Mr. Cummings, Mr. T. P. Cochrane, Major and Mrs.. Chichester, Mrs. ages round his neck and presented an unsight-Crofton, Mr. Cruickshank, Major Chapman, Mr. ly appearance.
C. P. Chater, Mr. Campbell, Mr. Craig, Mr. and Mis. Duncan Clark, Mr. W. C. Craig, Miss Cruickshank,
Plaintiff, sworn, deposed that he was acting manager at Hongkong of the Singer Manufac- He had suffered incon- turing Company. venience through the disease, and had been un- able to attend to customers because of his He had always kept his razor appearance. locked but left his brush out in his room.
up. Dr. Rennie said that barber's itch was gener- ally caught by inoculation and the usual agent
The disease generally was the shaving brush. became visible after from three to ten days.
Chinose in shaving usually rubbed the soap on their heads with their hands, but might at times use a brush.
the
Mr Pollock submitted that there was no evidence such as could be accepted by the Court; except the medical evidence, and the doctor who had attended the plaintiff was out of the Colony. It was also necessary for plaintiff to show beyond reasonable doubt that he had contracted the disease at the defendant's shop. It had been shown that the plaintiff's brush had been left where his boy could get it, and Chinese frequently suffered from this particular disease.
made an
Judgment finally was given for the defen-
Mr. Pollock dants, with costs. application for counsel's fee, but this disallowed.
condition,
was
|
Commodore and Mrs. Dicken, Mr. and Mrs. Dealy, Mr. and Mrs Drayson, Mr. and Mrs. Doberck, Mr. and Mrs. Dunn, Surgeon Darthell, Mr. Dyer, Mr. G. Dean, Capt. and Mrs. Davies, Mr. and Mrs. Denison, Lt. Dickens, Mr. and Mrs. Haver Droze, Mrs. Dumbell, Mr. Dankes, Mr. and Mrs. W.C.Drew, Mr. Darby, Mr. and Mrs. De Martin, Mr. V. H. Deacon, Miss Dewar, Mr. E. Deacon, Mr. Doran, Mr. Davidsen, Mr. Dobbyn, Mr. Duncan,
Mr. Com. and Mr. S. Dawes,
and Mrs.
Mr. C. F.
Dixon, Mr. J. S. Duff, Mr. W. H. Donald, Mr. and Mrs. Danby, Mr. Dimmocke, Dixon, Mr. Daniel, Mr. J. T. Dixon.
Mr. Emarson, Mr. G. H. Edwards, Mr. C. M‚ ̈ Ede, Mr. E. P. Erskine, Mr. E. Ewen, Mr. Ellis.
Dr. Forsyth, Mr. Fuhrimann, Mr. and Mrs. Fuchs, Misses. Furniss, Mr. and Mrs. Forbel, Mr. Fletcher, Mr. Favell, Rev. and Mrs. France, Mr. and Mrs. Fraser, Dr. Forte, Mrs. Falconer, Mr. and Mrs. Franklin, Mr Fisher, Mr. and Mrs. Fullerton. ↓
Hon. W. J. Gressou, Commander Gaunt, Mr. Graham, Mr. Grant, Mr. Goldring, Mr. and Mrs Gray, Miss Goldring, Miss Gourlay, Capt. Green, Mr and Mrs. Gibson, Mr and Mrs. Gedge, Mr. and Mrs. Grace, Mr. and Mrs. Goetz, Eng. Lt. Grant, Mr. and Mrs. Gaskell, Mr. Grist, Mr. Garrett, Eng.-Com. Graham, Mr. Gale, Mr. Gibb, Mr. A. P. Guttéres, Mr. Gaskell. Hooper, r. and Mrs Hipwell, Mr. Hankey, Mr.
Mr. and Miss Huke, Mr. Mrs. and Miss Shelton
Halifax, Mr. and Mrs. T. Ho e, Mr. and Mrs.
|
BALL AT GOVERNMENT HOUSE. The annual Ball at Government House in honour of the birthday of his Majesty the King Hornby, M. and Mrs. W. Gumphreys, ir. R. as held on the 15th inst.. being attended as usual Hancock, Mr. H Hancock, Mr. Haskell, Capt. and Mrs. Hodgins, Mr. and Mrs. rotherton Harker, r. M's and Miss Hance, Dr. H. Kai, Mr. J. R. by the major portion of the resident European
His Excellency the Governor Hance, Mr and Mrs. Hinds, Mr FA. Hizeland, population. shook hands with each of his guests as they Mr. and Mrs. Harris,r. Hewett, Mr. and Mrs. Scott Haraton. Mr. Hays, Mrs, and Miss Hurly, were introduced on their way to the ball room. Fancing began punctually at 930. excellent Mr. and Mrs. Van er Heyde, Mr. and Mrs. H. the Hum hreys Miss Hail, Capt. Hogg, Mr. Han music being supplied by the Band of 93rd Burmas. The floor was in excellent mer, Mr. He th, Mr. Hodgson, Mr. Harcourt, Mr.
it but
is scarcely
and Mrs. B. A. necessary
Hale, Capt. Harris, Mr. Hough, Mr. Harding, .was most inconveniently Horsey, Mr. J. F.
Mr. and Mis. : J. crowded, especially in the earlier part of the Capt. and Mrs Hickton,
The 'programme comprised twenty Hastings, Capt. Hill, Rev. and Mrs. Hardy, Mr. evening. dances, but did not infringe, in the matter of Mrs. and Miss Hancock, Capt. Harbord, Mr. the programme for St. Haup, Dr. Montagu Har-tou, Major Doppinėl Andrew's Ball. It was made up in fact of a dozen Hepenstall, Mr. A. U. Hynes, Mr. A. C. Holborrow, Mr and Mrs. Schut, Fleet Surg. Handyside, Mr Mrs. and Miss Hazeland, Major-General and waltzes, three sets of lancers, three two- steps and a barn dance. Government House ré. Hatton, T. H. Hanwan, T. S. Harvey, Mr. C. was tastefully decorated for the occasiou with Hardy, Dr. Hunter, greenery, and the lawn in front was encircled with Chinese lanterns. Dancing was kept up until the early hours of this morning with great spirit, and the Ball passed off with its accustomed success.
to add that it
Scotch dances on
Following is a list of the acceptances for the Ball:-
Dr. and Mrs. Atkinson, Capt. Armstrong, Mr. Auton, Mr. Acworth, Mr. Airy, Mr. and Mrë. Armstrong, Mr. B. Arnett, M、. Anderson,
Mr. V. M. Allen, Mr. E. Arnot.
Sir Henry and Lady Berkeley, Misses Berkeley, Lady Florence Boyle, Col: Brown, Dr. and Mrs. Bell, Mr. Benton, Mr. Bowley, Mr. Dyer Ball, Afr. Burnie, Capt and Mrs. Britten, Mr. Babing- sten, Mr. Burd; Mrs. Brown, Mr. C. H. Blason,
T
Lient-Col. and Mrs. Iremonger, Rev. Icelý, 'Mrs. Irving,
Mr. and Mrs. Lee Jones, Mr. and Mrs. E. Jones, rs. H. D. C. Jones, Mr. and Mrs. Mr. Judah, Jaffe, Dr. and Mrs. Jordan, Dr. and Mrs. Justi, Mr. J. P. Jordan, Capt. Johnson, Mr. and Mrs. Johnst ǹ, Mr. Jackman, Capt. Jones, Rev. T. F. Johnson, Mrs. Jeffrey, Major Joaling, Rev. Jenkins, Lt. Com: Jellicoe, Mr. and Mrs, James, Mr. and Mrs Jupp.
Viscount Kilburne, Lieut. Knox, Mr. J. H. Kemp, Mr. and Mrs. Kadoorie, Mr. and Mrs. Kruger, Dr. H. Keyte Mr. Kenyon, Mr. P. K. Knyvett. Col. W: Kent, Dr. and Mrs. Kock and Migg Blair.
Mr. Law, Mr. Lester, Mr. and Mrs: Little, M. Lumsden, Mr. and Mrs. Loretro, Dr. Lello; Mr.
2