January 8, 1906.]
out at the bow by the telephone cable. The piece of cable produced showed that it had been out on the one side and broken on the other He did not feel any shook when it was brought up.
Captain Almond spoke to having sailed one of the Company's old ships to and from Manila with only one boiler in use. The average speed to Manila was 7.3 and the return journey nine knots. He had commanded the Rubi since she was launched at Glasgow, but he was home on leave last year.
The hearing was again adjourned.
Friday, 5th January.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (FUISNE JUDGE).
CLAIM FOR RENT.
Fr. Blunck, owner of Inland Lot No 3 Kow. loon, sued Ng Choi, the owner of house 53 Elgin Road, for $11,54, being ground rent, and a further $2 for searching the Land Office records. Mr. Otto Kong Sing appeared for plaintiff, but defendant entered no appearance.
His Lordship, in giving judgment for plaintiff with costs, asked-How are you going to get it?
Plaintiff Take the house, of course (laughter).
BREAKING A SUBMARINE CABLE,
The action in which the China and Japan Electric and elephone Co., Ld., claimed $1,000 rom the China and Manila Steamship Co., Ld., being the amount of damage sustained by the plaintiff company by the breaking of their submarine cable in the harbour by the defen- dants' steamship Rubi, was resumed.
Mr. E. H. Sharp, K.C., instructed by Mr. H. G. C. Bailey (of Messrs. Johnson, Stokes and Master), appeared for the plaintiff company, and Mr. H. E. Pollock, K. C., instructed by Mr. F. B. Deacon (of Messrs. Deacon, Looker and Deacon), represented the defendant company.
John Hill, chief engineer of the Rubi since September 1904, said he held a first-class certi- ficate. On one occasion, in May last year, he took the Rubi across to Manila with one boiler. They could do that in rough weather. They could get 10 knots with one boiler and 12 with two. On one boiler in smooth water he could get more than half speed out of the Rubi. On the morning of 30th August the Rubi left the buoy. She had then a steam pressure of 175 with the one main boiler and had the donkey boiler working as well.
Cross-examined-When the Rubi was taken to Manila on one boiler it was done as an experiment. Witness was questioned at con- siderable length as to the entries in the log book and asked for explanations of the alteration of material times. "Asked how often the anchor was dropped, witness could not return an answer.
His Lordship-But were you below? Witness Yes.
His Lordship-Well then, how often was the anchor dropped P
Witness-I only know it was dropped once. His Lordship-I don't believe you were down below at all. Were you there at 12.30.
Witness-I could not say.
His Lordship-Were you there when you
anchored the second time ?
|
Witness-I didn't know we had anchored
twice.
His Lordship-That is clear, because you would have stopped your engines.
Witness-Yes.
His Lordship-When did you go down next to the engine room?
Witness I was there the greater part of the time.
His Lordship-I am talking between 12 and 1. Did you go down between 12 and 1?
Witness-Several times.
Mr. Sharp-You only know you stopped
once ?
Witness-Yes.
His Lordship-If you had been on deck you would have seen the ship anchored ?
Witoess-Yes.
His Lordship-How often were the engines stopped ?
Witness-Half a dozen times, half speed and A dead slow.
CHINA OVERLAND TRADE REPORT.
+
*.
His Lordship-How often did you stop to anchor ?
Witness's reply was inaudible,
Mr. Sharp-Would you have logged that ? Witness - Yes.
The jury retired and after a few minutes returned with a verdict for plaintiffs by two to
one.
Judgment was entered for plaintiffs with
costs.
Mr. Sharp-Well, you have not done so. Captain ottley, recalled, was questioned by 1905. A HONGKONG RETROSPECT. his Lordship as to ships he had seen when the Rubi was struck by the squall and the distance they were off.
To Mr. Pollock-When the squall struck the ship he could not tell how dense it was likely to be.
His Lordship-He ought to have seen it. Mr. Pollock-The point is this, that he could not tell how dense it was going to be. It might bave been a squall that he could bare seen through.
His Lordship- Oh.
James M'Donald, Government and marine surveyor, said he knew eight ships in one company with only one boiler each. A vessel like the Rubi would be perfectly seaworthy with one boiler in ordinary weather. On the morning of 3 th August the Rubi left her buoy to cross to Kowloon Bay. That was not a rash or perilous act.
This concluded the evidence.
Mr. Pollock addressed the jury. He said the defendants were not prepared at the outset to admit that the cable fished up on the Rubis anchor belonged to the plaintiffs, because they had no possible means of knowledge, but there could ̈ be no doubt now that it belonged to the plaintiffs. An explanation of the cable being hooked up by the anchor would doubtless be found in the fact that the Rubi dragged her auctors. There must have been a strain ou them. The jury had to consider only points. The first was- Whether not it was negligent of those in charge of the Rubi to proceed towards Kowloon Bay from her buoy at 11-45 on the morning of the 30th August. The second point w s-Whether or not it was negligent on the part of those in charge of the Rubi to drop her anchor where
two
or
she did in the circumstances. He submitted that it was proper for the captain to anchor when and where he did. It was prudent and reasonable navigation, and he did not see Low it conld be twisted into an act of negligence.
His Lordship Did you admit you dropped your aucher in the cable area?
..
Mr. Pollock No, I don't know that we did. After another remark from his Lordship Mr. Pollock said he was prepared to admit that the cable was dropped within the cable area:
Elis Lordship-Then your point now is that the squall caused you to act as you did?
Mr. Pollock-Yes.
Mr. Sharp-I shall ask your Lordship to accept another point of view.
His Lordship-Just so.
Mr. Pollock resumed his address to the jury, contending that the defendants were not guilty of negligence and that the plaintiffs were not entitled to judgment.
Mr. Sharp, in his address to the jury, said he would ask them to consider the subject under the headings of the questions which he would submit to the jury. The first was--Whether the anchor was dropped in the cable reserve.
His Lordship-That is admitted. Mr. Sharp then argued that there
Was
GENERÁL AND CURSORY,
The year just ended may be mentioned as perhaps the most momentous of the current decade. We began it by anticipating the Admiral victory of Admiral Togo over Rozhdestvenski, the retention of Weihaiwei' and the final settlement of the Tibet affair. The first we have seen realised; the second is practically assured; and about the third there seems still to hang a cloud. China has not yet confirmed our treaty ; but otherwise there is no difficulty, and China so often plays the dog in the manger that it is not probable any will be allowed to rise as a consequence of this particular illustration of her stiffaeckedness. The episode most prominent in the year just over was, of course, the conclusion of peace between Russia and Japan. The end of war, and the beginning of peace, in which Hongkong was as vitally interested as any other part of the world not immediately involved, are too fresh in the memory, have left too vivid an impression, to need detailed comment here.
LOCAL.
We may pass at once to the strictly local aspects of the ended year; and here we are at once reminded of the extraordinary rise
which more exchange (of
anon), in the general complaints of dear bouss rents and increased cost of living, the shifting the business centre nearer to the of sea, and (we hope not regarded as congruous) the depression in the money market. The year opened badly if we take crime as a criterion.- Within the first fortnight, we had the first triple hanging in our history, by which three young
beachcombers" paid the penalty for mudering a sampau woman under circumstances of singular brutality. This was followed almost immediately by an impudent act of piracy by Chinese within the barbour limits; and within a few days of that there was a fatal case of "amok." Cases of armed robbery were dis- tressingly frequent throughout the year; in July there was a manslaughter case which created a temporary bad feeling between the military and civilian communities; and the Linchow massacre and the Shanghai riot, in the last two months of the year, although extraneous occurrences, added to the sum of our year's painful sensations.
LEGISLATION.
His Excellency the Governor has not been able, AS we hoped he might, to oblige us with any legislative reform in the way of the registration of servante nor the registration of Chinese partnerships, though both have been regularly mooted as desirable
measures.
The chief feature of the year's legislation was undoubtedly the recent Bill which gave power to raise a loan for the pur- pose of furthering the Kowloon-Canton Rail- way project; and we enter 1906 with the live- liest hopes of having more encouraging progress to report in our next retrospect. In this con- nection also we must not overlook the loan made by the Hongkong Government to the Wachang Viceroy for the purpose of redeeming from the American-China Development Com- pany the concession for the great trunk line of railway which is to connect Hankow with Canton. What high political considerations lie at the back of this novel act of the Govern- ment must be left for the future to reveal.
THE RAILWAY OPENING OF CHINA.
negligence on the part of the defendants in not. taking all precautions which would prevent the vessel being exposed to a typhoon. The Rubi was prima facie at fault for anchoring in the prohibited area, but she could be excused by act of God. But this could only be pleaded success- fully if there was no means of anticipating the event. He maintained that it was neglect which caused the Rubi to be exposed to the
The fact is that until 1905 the phrase "open. squall. She was one of the last to leave the harbour, and by that time owing to hering of China" was a misnomer. The currants neglect, she had become liable for any damage had been picked off the cake, as it were, by the
She that might be done.
was negligent opening of coast ports; but the first incisions The of the carving knife were made in the period in dropping anchor where she did." Rubi had failed to exercise reasonable foresight under review, as exemplified by the formal and must be held liable for the damage opening of the Peking Hankow Railway, the extension of the line from Shanghai inland, which resulted.
and the other manifestations of railway enter- prise to which reference has just been made. The activity of Peking and the Canton Viceroy in the matter of the Kwangtung railways, as reported in our last issue for 1905, enables us to begin the next course with an appetite.
His Lordship, in briefly summing up, told the jury that if they came to the conclusion that there had been a squall they must find for the plaintiffs, but if they came to the conclusion that the squall was so beary that it was prudent for the captain to anchor where he did they would find for defendants.