376

Some time later the "San Cheong," "Kwong, tong," and "Kinshan" arrived and rendered assistance. Captain Branch of the last named steamer stood by and sent the news to Hong. kong. The police learned of the occurrence about one o'clock and despatched two launches to stand by.

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THE HONGKONG WEEKLY PRESS AND

How the accident happened it is of course difficult to say. As the steamer was making for Capsimun Pass a heavy storm came on and in the haze that enveloped the locality, the vessel had met her fate before the danger was realised. There was a strong ebb tide running at the time, and this was probably a factor in the disaster which overtook the "Powan.' There was no warning. The ominous grating noise, ac- companied by the trembling of the vessel, was the first indication of what had happened, and no one needed to be told of the danger. Happily the officers behaved with a gallantry which is typical of the British seaman and it is pleasing to record that the Chinese crew emulated the noble example with a heroism and composure that are in the highest degree praiseworthy. Captain Black was the last to leave his ship and

stood by her to the end,

The engine-room officers and men showed great presence of mind. Mr. E. E. Rodrigues, and Mr. E. Robson, the first and second engineers, remained at their posts as long as they were of Bervice and the firemen newer wavered. In fact every member of the crew behaved in a manner worthy of all the best traditions of the sailor's gallantry. When their services were no longer required below the firemen sought to compose their compatriots among the passengers and in this they succeeded with the result that the rescue work proceeded with a comparative calmness that facilitated the operations.

About twenty minutes after the impact the vessel sunk, and as she settled only her bridge was visible above the surface but subsequently she broke up and there was nothing visible of the fine old ship when the Harbour Master's launch * Stanley visited the locality in the after- Some little wreckage was found floating on the water and oil, apparently belonging to her cargo was found on the surface.

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In the general tale of heroism there are a few instances which stand out conspicuus. Chief Offloer Brown, who holds the Belilios medal for his bravery and life saving during the disastrous typhoon of 1906, again distinguished himself. Immediately the ship foundered he jumped into the sea to the resone of a Chinese woman, and. fully dressed as he was he swam to her and afterwards took her to a boat. The Chinese crew, after seeing the passengers supplied with buoys. etc, took to the water and floated on such wreckage as they could find. The chief engineer, while struggling in the water, was almost drowned through two natives holding on to him, but he ancceeded in shaking bimself and reached the shore in an exhausted condition. Though only one of the six lifeboats were lowered the life saving rafts did good work.

It is remarkable that the "Powan

" which was regarded with something like affection by the Chinese and which seemed to have the "good joss" to which they attach so much importance, should go down so near home and in such an She was not so fast as unexpected manner. some of the other steamers on the river, but she

:

Much sympathy will be felt for Captain Black, who has only been in command of the "Powan" for little more than six months.

The officers were Mr. H. Black, captain; Mr. A. H. Brown, chief officer; Mr. C. P. Archer, parser; Mr. E. E. Rodrigues, chief engineer; Mr. E. Robson, second engineer; Mahomed Zan, Malay pilot; Mr. Gomeze, tally clerk.

SUPREME COURT.

Friday, 5th June.

IN SUMMARY JURISDICTION.

BEFORE HIS HON. MR. H. H. J. GOMPERTZ

(ACTING PUISNE JUDGE).

INTERESTING HORSE CASE.

Harding Klimanek $225, damages suffered by Alexander Findlay Smith claimed from Philip the plaintiff through the loss of a horse.be. longing to the plaintiff and lent to the defendant

was always a favourite. Built at Glasgow in 1873, she has therefore seen thirty five years' service. She was one of the boats which are jointly owned by the Hongkong, Canton and Macao Steamboat Co. and Messrs. Butter. field and Swire, he Steamboat Company own five-eights of the ships, and the loss we understand is well covered by insurance. Captain Innes, Marine Superintendent for Messrs. Butterfield and Swire, and Captain Clarke, secretary of the Hongkong, Canton and Macao Steamboat Campany visited the secene of the wreck in the course of the day, but we learn there is little hope of saving her, her back being broken and all her superstructure carried away.

Estimates vary as to the loss of life. The first report put the death roll at 100, but that is evidently exaggerated. Doubtless quite a number have been drowned, but the most exact information obtainable was that about fifty persons were missing. It is tolerably certain that at least seven or eight persons have been arowned.

to be ridden by him on the Race Course. Mr. R. F. C. Master, of Messrs. Johnson, Stokes, and Master, appeared for the plaintiff, and Mr.

3. Dickson from the office of Mr. R. A. Harding appeared for the defendant.

Mr. Master stated that Mr. Findlay Smith had bought the horse in question in November of last year, and in March of this year defendant approached him stating that he heard the hors

was for sale, but Mr. emith said it was not. However he spoke about its good qualities and the interview ended with Mr. Smith offering to allow the defendant to ride the horse. Counsel then stated the particulars of the acci·lent.

Plaintiff went into the box and stated that the defendant approached him with a view to purchasing the horse but he told him it was not for sale. However as be" cracked up" the horse he told defendant he would let him try it and gave bim a oard to Mr. G.gg. in the night of the 26th April he had telephonic communication with defendant who informed him of the accident he had that day, as the result of which the horse had to be killed.

Defendant said he would come round to settle, and at that interview plaintiff said the value he could not afford that and offered $100 which of the horse would be $225. Defendant said

plaintiff refused.

The interview ended without any settlement being arrived at?—I statel my terms and refused his,

Subsequently you received a letter from defendant ? Yes.

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You value he horse a $225 ?—Yes. Cross-examined-Had you any inention of selling the horse?-None.

You let Mr. Klimanek use this horse out of

philanthropy ?-Oh no! I let him have the horse becauso I had cracked it up and I wanted him to see it was true what I said.

You simply lent him this horse in order to show you were speaking the truth ?—Yes, to try its paces.

Why did you wish him to try it ?—I did not wish him to try it. I was plain with him. I told

him Mr. Moir could not ride him and I could not ride him because of my knee.

You simply wanted Mr. Klimansk to test this horse ?-No, not particularly. If he said I don't care to try it, it would have been all right.

Did Mr. Klimanek come to your office to purchase that horse ?-It was not for sale

He simply came out of curiosity, eh ?-How can I explain any man's motive ?

Mr.

Would you allow anybody to ase your horse if he asked you?-1 met Klimanek riding and was in sympathy with As the horse was doing him about horses. nothing I thought there would be no harm in his having it for a run on the Race Course.

I suppose if a likely customer asked to test the horse you would let him P-It would depend on circumstances.

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Mr. Klimanek tells me he heard from Mr. Moir that the horse was for sale. Is that likely -Mr. Moir has gone away.

You are aware that Mr. Klimansk called at your office and was informed that the horse was for sale at perhaps $300 P-I am not aware. Did you yourself fix the prios at $300 P- No. I told Mr. Klimanek if I sold the horse his value would be $350.

(June 13, 1908.

What do you want with a horse ?—I sball ride when I am better. I have another horse.

Didn't Mr. Klimanek tell you be could not afford to pay a price like $300 P-I don't re- member. He talked a lot and I went away and left him. Of course if he could not afford $350 then there was no question of buying. We did not discuss the price of the horse.

You said he could not afford $300?—He said a great many things.

You told him of the good qualities of the horse P-Yes, and he told me the good qualities

of his.

Did you tell him that it was strong in the fore legs and very good for olimbing down hill ?-I remember saying it was good for going downhill.

Did you tell him it was a hard horse and would do for a young good horseman ?—I did not recommend it. It was not for sale.

Didn't you urge him to ride the horse if he could take him out. had any intention of buying it?-I said he

Didn't you tell him to take it up and down hill and round the island ?-I am sure I did not. Have you ever let your horse to anybody else under similar circumstances?—You use the word let,

Well, did you tell anybody he could take the horse out to test it P-This is the first time I ever offered it to any one to take out, except, of course, Mr. Moir.

Why did you make an exception of Mr. Klimanek? You are not a particular friend of his P-1 made no exception, I tried to be neighbourly. We were speaking of horses and I said, if he cared to try the horse, he could do

80.

Then you did not say he had only to ride it on the Race Course ?-Yes, the Race Course was distinctly mentioned by me, and it was agreed to take it to the Race Course.

You did not actually bid him to ride it on the Race Course but that was in your mind ?- It was agreed between us.

Do you mean that Mr. Klimanek said I will only ride it on the Race Course?-He said will ride it onos round the Race Course,

You expected he would walk down from his residence in Kennedy Road to the Race Course and walk back again?-Yes. I don't know where he resides.

His Honour-Did you expect him to go to the Race Course and mount the horre there ?-At the stables.

Mr. Dickson-Don't you think the most natural thing in the circumstanees would be for Mr. Klimanek to have the horse brought to his residence and ride from there?-Am I obliged to give an opinion?

His Honour-Yes.

Question repeated ?--I meant he should take the horse from the stables. Bringing the horse to his house was not contemplated.

I fake it you had no objection to his riding the horse from Kennedy's Stables to the Race Course P-None.

When you said it should only be ridden on the Race Course you did not mean that?- I mesat him to take it from the stables to the Race Course.

Would you have objected if he had taken it to Shaukiwan?-Certainly,

He had to ide the horse from the stables to

the Race Course ?—Yes.

Do you think Kennedy Road a dangerous road? Well you have to be more cautions there.

Do you consider it a dangerous road ?—It depends on the rider.

It is safe for some riders and not for others ? -Yes, I don't wish to offer opinions. I would rather state facts.

Mr. Moir used to ride on the road P-Yes, You received this letter from Mr. Klimanek ? Yes.

What reply did you make to this offer?—I waited, I had stated my terms.

Don't you think you ought to have answered this letter?-I would not undertake tɔ reply to the arguments he used there.

Don't you think as a matter of courtesy you ought to bave replied t› this letter ?--I think courtesy ought to have been on both sides. I don't think he treated me fairly. He knew what my claim was, and I gave him time to pay.

Can you

show me one thing in this letter which is discourteous to you?—The whole thing

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