22
SUPREME COURT.
Monday, 8th July.
THE HONGKONG WEEKLY PRESS AND
|
[July 13, 1907.
goods sold and delivered. Mr. Otto Kong Sing | minute or two later the telegraph went again appeared for the plaintiff and Mr. O. D. and the ship went astern. The launch was then Thomson for the defendants,
two ship's lengths on the steamer's starboard bow. Witness did not think the steam launch - altered her engines. The launch was then struck on the starboard bow by the stern of the Heungshan", no member of the crew of the "Fook On "being at the wheel at the time.
From evidence it appeared that plaintiff lived BEFORE THE CHIEF JUSTICE (SIR FRANCIS at Pakhoi and brought the action under the shopname. Mr. Thomson contended that a shop could not sue.
PIGGOTT).
A MINOK'S RIGHTS.
An application was submitted on behalf of Li Cheung Shi (mother of Li Loung, a minor) to have an indenture of mortgage made beween Li Leang and Tam Min Hing declaret null and void, that the indenture be cancelled, and that the registration of the mortgage be ex- punged from the register. Mr. M. W. Slade (intruoted by Mr. Harding) represented plaintiff and Sir Henry Berkeley (instucted by Mr. Outo Kong Song) rei resented the defendant.
The plaintiff was born in February 9th
1886, and on March 16th, 19 6, executed a mortgage whereby he purported to pass his estate and interest in the remaining portion of Marine Lot 163 for $10,000.
Evidence was given as to birth, and the case was adjourned.
IN ORIGINAL JURISDICTION.
BEFORE MR A. G. WISE (PUISSE JCCOE.)
A WEALTHY LUNATIC.
An issue was tried before his Lordship and a jury as to whether Ki hit, eldest son of the late Pan Hang, who left a large estate, was a lunatic or not. Mr H. G. Calihrop, instructed by Mr. E. P. H. Lang, of Messrs. Deacon, Looker and Deacon, represented the interested parties, The jury was empannelled as follows: Messrs, E. T. Bunge, J. M. Irving, R. Miller, T. Slade, C. A. H. Westerburger, D. S. D. Burgor, P. E. G. Ilner, G J. Catchick, R. W. Pearson, R. Seydler, J. Paterson, F. Gomes, A. R. Blake P. Prien and A. W. Watt.
Mr. Calthrop stated that the questions to be decided were whether the young man, who was present in Court, was of ausound mind and un- able to manage his affairs. His father died in 1901 or 19 2 leaving a very large estate, and this young man would become the solo trustee of it when he became of age. He re-ched his majority quite recently, but owing to his mental condition it was impossible for him to carry out the trust of the will. It became necessary to inquire into his mental condition and ascertain whether he was or was not a lunatic.
His Honour-He got me to make an order for defendants to find security for 3600.
Mr. Thomson-Plaintiff bas admittedly given wrong address. One would think he was carrying on business at Yaumati.
Mr. Otto Kong Sing-My instructions were that the men were living in the Colony. The goods were delivered in Hongkong. I would to be decided on its merits. Defendants offered ask leave to amend the writ. The case ought 3250 to withdraw the action.
the writ with leave to issue a fresh one, and I His Honour-I shall allow you to withdraw
shall annul the order for security. Plaintiff must pay the costs of the preseut action.
K
MARINE COURT.
Monday, July 8th.
THE HEUNGSHAN FOOK ON COLLIS.ON.
"L
A Marine Court of inquiry respecting the oircumstances attending the collision between the British steamer Heungshan," Captain R. D. Thomas, and the licensed steam launch "Fook Ou," of which Li Muk is master,
was
beld at the Harbour Office yesterday afternoon, being called at the request of the captain of the "Heungshan." The Court was composed of Commander Basil R. H. Taylor, R.N., Stipendiary Magistrate, (President), Lieutenant H, Batterworth, Ŕ.N., H.M.S.
Tamar, Captain E. Beetham,
il
1)
91
8.A.
Empress of India," Captain A Stoker, s.. "Woolwich, and Captain H. W. Walker of the s.8. "Kwong Tung."
The warrant constitating the Court baving been read,
master of Captain Thomas,
the was called. He stated that on Heungshan,
44
the
the Bout bern
8.8.
June 28th he left Canton at eight in the morning, arriving here about 3 p m. He entered
harbour by
fairway, coming in slowly. When off the “Charles Hardouin's" Wharf and making for the Hong. kong Canton and Macao Steamboats' Wharf, witness sighted a steam launch backing out from the east side of the "Kwong Tang" which lies at the wharf west of the Western Market wharf.
He was then distant about two ships length, and
The mother of the young man deposed that he, the eldest of six children, has beeu of a very nervous disposition since he was six years old. At that age a swelling appeared on his fore-blew two blasts. head. He was subject to fits of anger and laughter, was very foud of playing with matches and burning pa er, and had a babit of - tearing his clothes and shoes, and also breaking furniture. He smoked all the cigars and cigarettes he could find and drank all the wine in the house, frequently becoming intoxicat.
The Heungshan's" engines were then going slow, having been slowed down when near the Gas Works. When entering the harbour the "Heungshan" was not travelling more than four knots. Witness did not blow three blasts on his whistle because when launches come out from a wharf they go to the west of steamers coming in. If he had blown three He was afraid to go out alone, had a great blasts the launch might have thought he was horror of watchmen and was terrified at the going astern and attempted to cross his bows, report of firearms, He spent most of the day! If the launch had gone ahead she would not sitting down and mumbling to himself and he bare approached within fifty feet of rarely ever spoke to anyone. In the sixth moon of last year he secreted some soap and ate it, while during a heavy fall of rain he took some cushions into the middle of the yard and sat
ed.
down on them.
The present trustee gave similar evidence, adding that the young man was unaware of the value of money. He would prefer a cigar to
$100.
Other evidenos was given in which it was stated that the amah bad to put on his shoes and stockings.
Medical testimony was adduced that he was neither capable of managing his own affairs or looking after himself.
The jury found accordingly.
Thursday, July 11th.
IN SUMMARy JurisdicTION,
the were apparently While the launch
steamer. Her engines going slow at the time. was still on the starboard bow of the steamer, and distant about 100 feet, all the men left
the wheel and went aft. Then when witness
saw a collision was imminent he ordered the mate to clear away the ropes and lower them, Then he struck the launch on her starb ard bow with the vessel's stern, the cut being about two feet. Four of the crew of the launch were pulled on board with the ropes; the others jumped overboard and lifebuoys were thrown to them. After striking the launch witness pat his helm hard aport and his engines slow ahead in order to cant the launch. There was a strong tide running at the time.
Chief fficer Gibson of the 8.8. "Heangshan said when the ship at first entered the southern fairway he was at the fo'o'sle head. They entered the southern fairway about 2,50 s.m., and passed the bows of the "Charles Hardouin at A distance of at least 50 BEFORE MR. A. G. WISE (PUISNE JUDGE). feet. They had only passed when they saw the leanch coming from the direction of the Li Kee Wharf, When she was An actin was brought by the Shang Lee sighted the Heungshan" gave two blasts; the firm against Chan Chun Lam and Lam Woon telegraph also went and the ship's head went Tong, partners in the Hong Fat shop for $324 to port immediately afterwards. About a
WEIT WITHDRAWN,
11
G. W. Kow and J. Roberts, the first and second engineers on the 6.8. “Heungshan," gave evidence as to the time when the telegraph bell was rung and the engines reversed,
Li Mak, coxswain of the “ Fook On.” said his
certificate went down with the steam launch. On June 28th at 3.15 p.m. he backed his launch
steer west. out from the Li Kee wharf, intending to He gave three blasts on his whistle before backing his launch out, and when about seventy feet from the wharf he saw the
'Heungahan" about 100 feet off.
He rang ар to go ahead, but the bell wire broke. Witness shouted to his engineer to go ahead. and he did. Then when the "Heungshan” approached witness told his crew to run away; afterwards he throw some bags overboard. He was the last man to leave the launch. Jamping overboard after the collision, he was picked up by a passing sampan. The shroff who went below to get the money just before the collision was drowned.
Captain Thomas-How it that the Coxswain's certificate was handed to a sergeant of the Water Police ?
Was
Witness-I went to the launch afterwards, but could not find it.
Captain Thomas-How is it the No. 2 coxswain took the launch from the wharf?
The Presiden t―These seem unnecessary questions, Captain Thomas.
Captain Thomas-They lead to
this, Sir: "This man was the only one who boarded the "Heungshan" dry, and yet he says he was the last to jump off the sinking launch into the
water.
The President (to witness) -You say you were on board at the time of the accident ?—Yes.
And you jumped overboard ?— } es. Then how was it you were quite dry when you boarded the "Heungshan"—I did not go aboard the "Heungshan.
"
Second Engineer Roberts recalled, said the witness boarded the steamer about ten minutes after the collision, and he was the only man who
was not wet,
The inquiry was adjourned.
HONGKONG PHILHARMONIC
SOCIETY.
The annual meeting of the Hongkong Phil. barmonic Socity was held in the City Hall on July 8th when His Excellency Hon. Mr. F. H. May presided over a large attendance of members.
The report and accounts for the last session having been received and adopted, the election of officers was proceeded with, The Hon. Mr. May was re-elected president, and the re-elec- tion of the following officers was agreed upɔa: Mr. Denman Fuller, hon. conductor : Mr. R. D. Sayle, hon. secretary; and Mr. E. 8. Carruthers, hon, treasurer. Messrs. A. Tax- ford and W. A. Dowley were re-elected to the committee, the new members elected being Messrs. F. I. Gelsthorpe and F. C. Barlow. was also agreed that the revised rules, read by the Secretary, should be passed.
It
HIS EXCELLENCY said" when be first arrived in the Colony a society was originated, he believed, by the German element, but this was squashed by the serio-comic element imported from England. When he returned in 1903 after a trip, he was very pleased to find the Society was on such a sound basis, and be was very pleased to see it now in a flourishing condition financially, and also in its having the services of Mr. Denman Fuller as conductor (cheers.)
The report read:-During the past season 1906-7 ending 3th June, 1907, the "Society has been enable, thanks to the energy and keen interest showa by Mr. Deomah Fuller and mem- bers, to give two couers, the first on 18th January, 1937, with a repetition on the 21st idem, and the second on 15th May, 1907, all being well attended by the public, especially the first concert when Elgar's Cantata “The