July 10, 1905.]
IN SUMMARY JURISDICTION,
BEFORE MR. A. G. WISE (PUISNE JUDGE).
BIN TAK YAU Y. LO MAN HIN.
In this case Sin Tak Yau, trading as the Fuk Chenog firm, sued Lo Man Hin for $1,000. Mr. P. W. Goldring appeared for the plaintiff, and Mr. H. W. Looker for the defendant,
Mr. Goldring said the only question was whether a certain sum of money, $1,070 50. was paid by the defendant to the plaintiff. The defendant produced a chopped book for the money, but the plaintiff said the money had not been paid
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The plaintiff stated that he was a contractor, trading under the style of Fuk Chenng. at 9, Stanley Street. He knew the defendant who kept a piece-goods shop, the Sun Loong, at 39, Winglok Street. Plaintiff ontered into contract with the defendant for the palling down of three Chinese houses at Temple Street. Yaumati. The contract was for $7,250, all of which was paid except $2,75', still dne, and the defendant signed a promissory nota for that
The defendant's book was chopped for the disputed amounts, $1,074,50, but the plaintiff received no money. The defend. ant's son came and got him to chop the
father would book saying that his
pay the money, but he did not do so, and the sou took away the book. Plaintiff went to the defendant for the money, but was put off, the latter saying that they were both traders and the plaintiff uld trust him.
Mr. Goldring said there had been uine pay- ments on account of this contruct. In the plaintiff's cash book these particular entries were in new writing. in the plaintiff's hand, while the rest of the accounts were in the foki's handwriting. The defeudant said that the plaintiff hal been paid. but he did not keep proper accounts.
His Honour-At any rate, Mr. Goldring, it will be a lesson for him not to give receipts for money before it has been paid.
His Honour non-suited the plaintiff with costs, saying that there was not sufficient evidence to give judgment for the defendant with costs.
THE STRANDING OF THE
TRAVANCORE."
CAPTAIN'S ALLEGED INCOMPETENCE.
A Marine court of inquiry into the stranding of the sailing ship Travancore at Fo Kai Point on the 1st ult., and into the charges of incom. petence preferred by the crew against Captain W. G. Chamberlin, master of the said ship. was held at the Harbour Office on June 5. The following gentlemen composed the court:- Hon. Capt. L. A. W. Barues-Lawrence, R.N. (President). Lt. Charles K. McCallum. R. N., H.M.S. Tamar, Captain H. Pybus. s.s. Empress of Japan, Captain St. John George, s.s. Macquarie, and Captain W. Robb, s.s. Tuiping. Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist) appeared for the master of the Travancore, and Mr. J. Hays (of Messrs. Johnson, Stokes and Master) appeared on behalf of the owners of the vessel.
The President stated that the court had been formed in the first instance in view of a letter received from a man named C. Mitchell, repre- As senting the crew of the ship. He wrote: to why we should like an inquiry to be held in the stranding of our ship. is mostly on the neglect of our master and the officer to do any thing towards the saving of the ship, and the handling of the ship before stranding and leav ing port; also the way the master acted when the ship strauded, and while she was on the
rocks.
Harold B. Metcalfe, second officer of the Travancore, was the first witness. He stated- I was officer of the watch from four to eight o'clock a.m. at the time the vessel went ashore. The wind was about E. S. E., and land was in sight since daylight on the port bow and beam. On the previous uight the weather was thick and rainy, and there was no land in sight. The laud sighted next day was about six miles off. I do not know what land it was, as I had no access to the charts. I was in sole charge of the watch up till the time the master came on deck, when he took charge. After the
CHINA OVERLAND TRADE REPORT.
captain came on deck he ordered the bell to be
struck about ten minutes earlier, and on the crew coming out he sent them to breakfast, as he afterwards intended to put the ship about. The vessel was travelling about 24 knots. We were on the starboard tack and carrying all sails except the royals. The watch on deck would have been enough to put the ship round if necessary. During the period I was in charge, the ship was sagging down on the land, and as I was getting anxions I went and told the captain. He replied that he would be up in a About ten minutes later I went few minutes. down again and told the captain that if the ship did not tack there wouldn't be room to He came on deck about five wear her round.
Every minutes later to get the ship round. thing, was done to wear her, but she refused stays. I previously gave the order to swing out the two life boats when the ship was These were about 50 yards from the rock.
It took from sufficient to carry all the crew. four to five minutes to get the life boats off the darits. The captain was on the bridge when I garo this order. The boats were only lowered a short distance, and the rowlocks, etc., were got ready for use. I ordered the carpenter to sound the well, and found that the ship was making water.
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To the President-It was not unusual for me. a junior officer, to issue such orders.
Questioned by Mitchell, the crew's representa- tive, witness said-I could not say whether the Captain was under the influence of liquor or sober when we left Hongkong. When he came on deck at 7.1 a.m. on the morning of the 1st ultimo, be asked me what he had been doing the night before. I gave the orders to lower the boats, because there was no attempt made by my seniors to give such orders.
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the land. On missing I put the helm hard up. There was a strong tide run sing in towards the point at the time. The vessel swung with her bow on to the beach. I ordered sails to be clewed up and the stream anchor to be got out. A signal of distress was then hoisted, and a Chinese launch, the Liking, arrived. I made s bargain with the master to tow the ship off, and to take the boat's crew to Hongkong, there to obtain assistance. After striking the rock I seat a crew to Hongkong in one of the lifeboats for assistanc The boat started under sail and ours, under which conditions I expected she would take 24 hours to reach her destination. The Liking attempted to tow us off, but
The rocks were unsuccessful. port side, and
in swung them before we got the anchors out. 'Abont three o'clock in the afternoon, I ordered the men to furl the sail, but they did not care about doing this as they thought the masts would topple down; the ship at the time bumping. There was, in my opinion, was justification for their refusal to go aloft. When it got dusk I ordered the lifeboats to be gut realy, and when they were launched the ship was bumping so violently that I told the crew to get into the boats. I was in charge of one, and the chief officer in charge of another.
WAR
We were
on
our
00
The case was adjourned at this stage until after the tiffin hour. when Mr. Wilkinson informed the Court that Captain Chamberlin had fallen ill, and had to be removed to Hospital, so the next witness was called.
We
J T. Roberts, chief officer of the Travancore sworn, stated-We left Hongkong about 6.30 a.m. on the morning of the 31st May. The pilot on the last tug left us about I p.m. set the topsais before dinner, nd after dianer we got auchors secured and set all sail. Re. tween seven and eight in the middle watch the on deck and asked me why I Captain cam set the mainsail and the top gallants; I set them on account of the scarcity of wind. We can set sails without first consulting the cap-
To the 'ourt-There was no lead hove in my watch. The anchors were ready, but no orders were given to let go" at the time. When I first sighted the land the ship was running parallel to it. I called the men away from the braces to get the boats out without consultingtain. the chief officer. After the ship struck the I did not captain gave orders to "clew up.' consult the captain or the chief officer with reference to any of the orders I gare.
To saaman. Mitchell-The course made by the ship from six to eight o'clock by the standard compass, dead reckoning. was N.E. by N.
To Mr. Wilkinson--I called the captain because there was land in sight at a distance At that time I folt no of about six miles.
that he anxiety, and the captain stated would shortly put the vessel about. We were travelling at a seed of from two to three knots. During the last hour the wind continued steady to within half a point.
To Mr. Hays-I could see the rocks on which we stranded from four to five miles off.
We were
W. C. Chamberlin, master of the Travan- core, deposed-On the morning of the 3 st May we left Hongkong bound for Los Angeles. on the coast of British Columbia. in ballast and were towed out by three launches. About 3.30 in the afternoon the tngs cast off The wind was anl we were able to make sail. variable. We set what sail was required and This eventually sighted tho Wagglan light. we lost sight of about midnight. When I saw it at a quarter to twelve it appeared to be about W. by S. The light was showing for about 20 miles. We were then on the star- board tack, and continued on the same till the time we went ashore. I sailed about seven points in the wind and was close hauled. making for the Bashee chanuel. After seeing the Wagglen light I went below, leaving the On the mate in charge of the middle watch. course we were ste-ring. I did not expect to make land before daylight in the morning.
The President-You expected to see land at daylight, and wished to be called on land being sighted, and yet you did not go on deck until about 7 o'clock.
We were
Witness-I did not give any orders to be called.
Witness continued-On the morning of the 1st June everything was got right to go about The land in sight I recognised as being Fo Kai Point. It was then eight o'clock and I We afterwards tried sent the men to breakfast. to go about, but the vessel missed stays. I considered then she was four or five miles off
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When I left the deck at 8 o'clock the the Wagglan light was in sight I did not return to the deck un il midnight, and as it was then all plain sailing. I did not commun. icate with the captain, neither did he come to deck. When the tus left us and we made sail we were on the port tack.
At 3 a.m. I on the starboard tack 83 the put her wind was E. by S She was kept on
starboard tack until the
four o'clock when I was relieved by the second mate. Abont this time the captain came on deck and I informed him that the vessel Wat on the starb ard tack and steering N.N.E. About 7.4 on the 1st June I was told by the second officer to hurry up and come on deck. On going up I found the men at their plac a and that they had tried to put the ship about, but she missed stays. Then the main crossja k yards were squired, and an attempt was made to wear the ship. I was stan ling by ready to square the foreyards to ship about clear when I heard an order given to lower the boats. This was before the ress-l struck. A ter the ship struck the captain gave the order to clear the sails up. The gig was sent in charge of the second officer and four men to Hoagkong for assistance ab ut 10a.m. We then laid out a kedge on the starboard quarter with 5 hawser, and tried to haul off by this meaus. Not being successful a proposal went round to take to the boats for the night, and it was agreed to by the captain. We thou wnt in the two tugboats and lay off the ship until about 2 a.m. of the 2nd Ju During the afternoon of the 1st June a launch came alongside and tried to tow us off, but it was of no use, I sounded and found the fore- pak had eight feet of water, but the ship was On the 2nd a Chinese not making much. revenue cutter the Liking anchored and stood Order was given to set the sail on the by ns. mizen, but the men refused to do so by reison of the ship b ing driven further on shore. This occurred about 8 p m. when the men came aft and said it was time to leave the ship. The mate said, all right you can go. The men then went in the two lifeboats to the Liking and I remained with the master. At9.15 a heavy squall strack the vess-l from the westward and heavy rain. This caas d the ship to move her bows which were pail off by reason of the sail set on the foremast. and had sail been set as ordered on the after- masts the vessel would have gone clear. As it
une.
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