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defendant, but he understood that that gentle- man had withdrawn from the case.
Mr. Hett proved the claim in the absence of the defendant, and judgment was given for plaintiff with costs.
AN ABSENT WITNE88.
The Kwang Sung Ling firm, of 6 Jubilee Street, traders, sued Un Tsak, trading under the name and style of Kwong Sik Lung at 32, Central Market, for the recovery of $191.37, the amount of goods supplied by plaintiff to defendant. Mr. O. D. The mson appeared for plaintiff, and Mr. C. F. Lixon, from the office of Mr. John Hastings, for the defendant.
Mr. Dizon asked for an adjournment on the ground that his principal witness was out of the Colony and was not expected back until after Chinese New Year.
His Lordship Is he coming back, or is it just a flitting?
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Mr. Dixon-Oh, yes, my Lord, he is coming back, and if your Lordship will grant an adjournment I am prepared to pay the amount claimed into Court.
His Lordship-Pay the amount into Court and the case will go into Friday's list.
Thursday, January 18th.
IN ADMIRALTY JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE) WITH CAPTAIN MORRISON
AS NAUTICAL ASSESSOR.
THE YIK ON 8.8. Co. v. OWNERS OF "WANG TUNG."
His Lordship heard the arguments of counsel in this action.
Mr. Sharp resumed his address, pointing out that when the " Kwang Tung" was overtaken by the "Tai On" it was a proper manœuvre for her to go full speed ahead in the circum- stances.
His Lordship-Do you say a ship coming up at an angle, as the captain says, is an overtaking ship?*
Mr. Sharp-Oh, yes, my Lord. The Assessor-Yes, anything two points abaft the beam.
Mr. Sharp dealt with the suggestion that the "Kwang Tung ported her helm just before the collision, and affirmed that if it were the overtaken ship they would have to steer as the windings of the channel required and the overtaking ship would have to give her room to do so. Coming to the defaults against the "Tai On," the first he would mention was that a good lookout was not kept. Passing on to the second default, they said that the "Tai On being the overtaking ship did not keep out of the way and the blame for the collision rested with her. It was a matter of prudent seamanship. The Tai On" ought not to have attempted to get past, and she was wrong for persisting in that attempt in the narrows of the channel. Again, the "Tai On" did not slacken speed, step or reverse as she ought to have done. He submitted generally that she was navigated in a reckless and unseamanlike manner, the particu- Iar act of unseamanlike conduct being the attempt to pass the. "Kwang Tung" in a narrow channel where there was risk in attempting the manœuvre. It showed bad seamanship to disregard the custom of the vessels going up the river in berthing order. This bad seamanship was also exhibited in the "Tai On" attempting to pass without signal- ling her intention to the "Kwang Tung."
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THE HONGKONG WEEKLY PRESS AND
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had argued that the Kwang Tung Was excused by the rule of the agony of the moment," but he did not consider that that theory applied in the case of the captain of the "Kwang Tang,” and, in his opinion, it was the increage of speed which caus: 1 the collision. With regard to the facts, his Lordship would have to decide between two cases that were diametrically opposed, and counsel suggested certain facts which ought to operate against his Lordship placing reliance on the evidence for the defence. He went on to quote authorities to show that it was the duty of the "Kwang Tung', to keep her course and speed, being the over- taken ship. It was her duty to maintain ber 8 3ed when another was passing. If she increased her speed she not merely broke the' article which prohibited that but became an overtaking ship and took on herself the added obligations of keeping out of the way.
At the close, his Lordship intimated that he reserved judgment.
IN CRIMINAL SESSIONS.
BEFORE Mr. A. G. WISE (PUISNE JUDGE),
A COOL REQUEST.
Ho Fuk pleaded guilty to a charge of robbery with violence in the harbour along with other two men.
Prisoner said if his Lordship would let him go he would look for the other two men.
His Lordship-Will be come back himself. I wonder ?
Detective Inspector Hanson informed the Court that the prisoner pointed out two men who were not the right men.
Prisoner was sentenced to five years' hard · labour and 24 strokes with the birch as soon as convenient,
ARMED ROBBERY,
Lam Ting Yau and Lam Yau were indicted on two counts charged with armed robbery and receiving stolen goods on December 1st, 1905, The Attorney General (Sir A. Berkeley) con- ducted the case for the prosecution, prisoners being undefended.
The following jury were empanelled: Messi, Robert Mitchell (foreman) P. H. C. Potts. Philip R. Wolff, Theodore Braun, L. M. H. Boissereé. F. C. Zehrmann, and John Buohan
The Attorney General stated the facts. The complainants. fish dealers of Ping Hoi, left there on December 1st with a cargo of fish for Hongkong.
They had eight people in the junk, three of whom were passengers. All went well until 9 o'clock that night when at a place called Tai Loong Hoi they were attacked by men in a junk. This junk drew alongside theirs and four men, arme i with revolvers and other firearms, came on board and drove them into the hold where they were confined. After about 24 hours' imprisonment, during which time they heard the noise of goods being removed, they came on deck when the noise had ceased, and found that the men had gone, taking with them the cargo of fish and other things. Their junk having ton under sail all the time they found themselves in Mirs Bay when they came on deck. Mean- while the robbers had arrived in Hongkong and disposed of their fish to fishmongers, but the manner in which they did so roused the suspicions of the fishmongers who communicated with the police. The fish, cured and partly curt, was all mixed up. When the complainants arrived in Hongkong and informed the police of the occurrence they were shown the fish and a number of articles taken from the junk, which they identified.
Witnesses were called in support of the pro-
of the fish stolen was 100 taels.
When the defendants were asked what they had to say, the first one remarked-I hope, Mr. Interpreter, you will interpret well and tell his Lordship all I am going to say.
[January 22, 1906.
ont that he had $24, which he gave them. They left and there being no wind he dropped bis anchor. Soon two boats came alongside and the robbers insisted, against his wishes, on putting the fish in his boat.
The second defendant agreed with this story. His Lordship summed up, and the jury returned a verdict unanimously against the first defendant on the first count and the second defendant on the second.
The first defendant declared it was a false accusation. The police sergeant prompted the witnesses to identify him He bribed them, gave the witnesses 10 cents each, sad told them what to do.
The second prisoner said none of the witnesses were able to identify him.
The first defendant was sentenced to five years' hard labour and 24 strokes with the birch, and the second to three years' hard labour.
AN ABSENT JURYMAN.
George H. May, who had failed to answer to his name when called as a juryman, was called before his Lordship and asked what he had to say.
He made some excuse which was inaudible and his Lordship said he would not take any further action, but May should apologise to the unfortunate man who had to take his place on the jury.
ADJOURNED,
The case in which Choi Cheung Li is charged with intending to defand his creditors was adjourned.
This concluded the Sessions, -
PAKHOI.
[FROM OUR CORRESPONDENT.]
January 8th.
for and a
CONBULAR CHANGE. Monsieur G. Lecomte, Vice-Consul France at this port, after a stay of a year half, during which he made many friends, left for France, via Hongkong, on the 19th ultimo Monsieur Lecomte's health did not thrive in this climate; he had malarial fever. His hasty departure, I understand, is due to his recent illness, Monsieur A. Guibert, his successor, accompanied by Madame Guibert and child
arrived here on th... 23rd ultimo.
NEW COS: MISSIONER,
Mr. J. F. Qiesen, Commissioner of Customs, arrived here on the 6th instant to fill the post left vacant by the departure of Commissioner Johnston, who left for England last month on four, niontha' leave.
CONCERT.
A soires musicale was held in the French School House on the night of the New Year, It was promoted by the French Colony, and was a great success.
▲ HUMOROUS ROBBER. Not many weeks ago several travellers from Yunnan were attacked by a band of highway robbers, but as the former were well armed, they resisted and soon put the latter to flight. The travellers reached here in safety. In the meantime some of the robbers were arrested by the authorities on other charges. One of them confessed to having been engaged at robbery, and ou being called to disclose the whereabouts of others of his fraternity, he said that he knew some of them who were very successful and who were in the town with a considerable booty. The prisoner was taken along the boarding-houses to look for the men he accused, and soon they were found and arrested. He had pointed out the travellers who had just besten off his gang! The travellers protested their innocence, but as the soldiers insisted on the performance of their duty, the accused had no alternative but to give in, but before doing so they insisted that an inventory of their valu. ables, consisting mostly of native opium, should be written down, besides asking that they be taken to Limehow at once for trial, where they were confident they would by released on prov- ing their innocence. They were forthwith escorted thither, together with eleven other prisoners. At the trial, the seven travellers successfully proved their innocence and were WAY, fire escorted back triumphantly. On the v
Mr. Slade, at the outset of his address, dealt with the points of law raised by Mr. Sharp, He held that there was nothing in the circum-secution, on which it was stated that the value stances to justify a departure from the regula tions, because the captain of the "Kwang Tung feared that the other ship would not be bound by them. There was nothing to suggest that the "Tai On' was not going to keep to the regulation. Counsel quofed authorities to show that those responsible for the navigation of ships must stick to the rules except under exceptional circumstances and except under streas of very great danger, but these conditions did not obtain on this occasion, and he submitted that the in- He replied that he had no money, but they would | crackers were let off, by way of apology, till they
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crease of speed on the part of the Kwang Tung was not justified. Then Mr. Sharp
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An extraordinary story was told by the first defendant. When out in his boat intending to purchase salt, on December 1st, there was no wind and he drifted about. A junk came alongside and the men on board asked him
Where are you going? Have you any money?" not believe him and kicked him, afterwards tying a rope round. his neck. Then he cried
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reached the boarding house in which they were arrested.