August 16, 1909.]
The President-Have you anything further to say?-Not much except that I swear that we waited half an hour for the captain that night.
Anything else?-The master went straight to his cabin. At two o'clock I found him in the
Messroom.
CHINA OVERLAND TRADE REPORT.
CHARGE AGAINST A SOLDIER.
WHEN DRUNKENNESS IS AN EXCUSE.
C
Gunner H. E. Stewart was charged at the
no reason why he shouldn't be whisky, value 81.70; from Yee Yuen's compradore Magistracy on Aug. 11 with stealing a bottle of shop, 107, Queen's Road East, on the 8th inst.
There was there ?-It was his watch.
Was the ship under weigh?—Yes.
The captain was then recalled. He said that after coming on board on the 18th July, the compradore came to him and complained that the chief officer had thrown two baskets of
passengers luggage overboard while the ship
was at the wharf. "The articles were recovered. He asked the mate what he meant by it.
The ship's compradore deposed to the mate throwing overboard some passengers luggage while the Shiu On was at the wharf on July 18th. He did not report it to the captain.
The engineer, recalled, said he did not see the mate throwing luggage overboard. Cross- examined. He heard it spoken about on board. The Court was cleared and considered in camera its finding, which was afterwards read in open Court as follows:-
We find the charges made by the master, Alexander Nelson deaton against William James O'Hanlon, first mate, proved – that you were drunk on duty during the 18th and 19th July, and that during that time your conduct was prejudicial to good order and discipline and mutinous. Further that the charges made by you against the master were unsubstantiated and therefore vexatious.
This Court therefore orders your certificate to be suspended for two years. Giren under our hands, Victoria, Hongkong, this tenth day of August, 1909, Charles W. Beckwith, Lieut. R.N., President of the Marine Magistrate's Court; Henry Butterworth, Lieutenant R.N.; Chas. V. Lloyd, master s.s. Fatshan; Percy H Rolfe, Younger Brother of Trinity House.
THE SCOTCH OATH.
The accountant in the firm said the defen. dant entered the shop on Sunday night, and after looking at the case of wines and spirits he took out a bottle of whisky and asked witness "how much?"
Witness told him that the price was
$1.70, but defendant without saying anything more walked out with the bottle. Witness sent a foki after him to ask for the money. Witness heard him say "pay bottle whisky." but defen- dant did not pay, whereupon witness went to him and asked him for the bottle of whisky. Defendant, however, declined to give it to him. He did not say anything, but simply stood where he was. Witness called & con- stable, who asked what the matter. Defendant said he had bought a bottle of whisky, but witness said that defendant had no money with which to pay him and asked the constable to get back the bottle. The constable spoke to the defendant, who said that he wanted to drink it. Defendant had evidently been drinking.
"
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The foki gave corroborative evidence. He said that he chased the defendant to the next shop.
P. C. Glendinning said that defendant appeared to have been drinking, but he did not seem very drunk. Defendant told him that he lived in the district where that whisky was made. and knowing that it was good he wanted it.
His Lordship remarked that it was strange that the defendant should have taken the whisky
knowing that he would have been arrested,
Inspector Kerr said that when he saw defendant in the charge room he thought he was very drunk, but when he went away with the military escort he straightened up.
Defendant said he was so drunk he did not He did not re- remember anything about it. collect going into the shop, but he remembered having the whisky.
How much did you drink that afternoon? Couldn't tell. I had been out all the afternoon. Bombardier. Owen, a member of the escort, said defendant was drunk when he was taken from the Police Station.
The
His Worship said this case raised the difficult question of how far drunkeuness was to be taken into consideration in respect of a crime. rough and ready rule was that drunkenness was not to be taken into consideration, that it was no excuse, but in certain crimes the intention was a condition precedent to the crime being committed, and one ought to take into considera- tion the fact whether the defendant committed a certain crime with a certain intention. His
Some amusement was created at the Marine Court on Aug, 10 during the course of the in- quiry into charges of misconduct preferred against the master and mate of the Shin On. When the engineer entered the witness-box Mr. Shenton suggested that as the witness was Scotch he might prefer to be sworn in the Scotch fashion. The engineer nonchalantly replied that he did not mind, whereupon a Court official repeated the English form of oath while witness held up his hand. Mr. Shenton, how ever, was dissatisfied. He said the witness should repeat the oath after the official admin- istering it and hold up his hand. The President then asked if the witness should hold up both hands, a question which provoked a smile, and Mr Shenton having returned an answer in the negative, the President directed that the man shop be re-sworn. There did not appear to beWorship, after referring to certain decisions to any difference from the previous attempt, but Mr. Shenton said he was satisfied, and the examination of the witness was proceeded with. The Scotch form is altogether different from the English, and runs something like the "I swear, as I shall answer to God following: at the great day of judgment, that I will tell the truth the whole truth, and nothing but the truth."
show that it was the duty of the prosecution in certain cases to establish felonious intent, said that in this case the evidence was very clear. The prosecution had not satisfied him that there was felonious intent on the part of the defend. ant in taking that bottle of whisky, and he would, therefore, be discharged.
STEAMER CAPTAIN CAUTIONED.
ROBBERY IN CHANCERY LANE. At the Marine Court on Aug. 12 before Lieut. Beckwith, R.N., Acting Harbour Master, A daring robbery is reported to the police as Captain Willoughby, of the Government steam having occurred in Chancery Lane on Friday launch Stanley, charged Captain Seaton, of the last, a Chinese woman falling victim to a des- s.s. Shiu On, with failing to observe the regu- perate gang of thieves. As she was walking|lations for preventing collisions at sea. along the thoroughfare a coolie snatched her umbrella and dashed into the passage way of a ground floor house. The woman gave chase, but no sooner had she got within the door than it was locked, and she was seized by two other men. One seized her by her throat, while another gagged her. The thieves then proceed. ed to strip her of her jewellery, which she valued at $373, after which they made good their escape. The woman was later found lying at the foot of the stairs in a semi-conscious condition by one of the inmates.
The health of H.E. Chang Chih Tung is reported in the Peking papers to be causing .considerable anxiety.
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Complainant stated that on August 8th, at about 7 p.m., while proceeding down the central fairway from west to east he noticed the Shiu On moving through the junk anchorage. Witness was on the starboard side of the central fairway, but he ported his helm and gave one short blast on his whistle. The Shiu On, just entering the fairway, gave a short blast, but did not alter her helm. Witness then put his launch full speed astern, giving three blasts on his whistle, and just cleared the Shiu On, but came on top of the junks.
141.
blast, but was so close to the junks that he could only give very little helm. When he heard the three whistles from the Stanley he went on.
His Worship dismissed the defendant with a severe caution, advising him to navigate through
the danger incurred in crossing the deep the junks at slow speed and to use the southern channel where practicable, also to try and realise
draught channel.
Defendant said he was going through the southern channel, but could not get through owing to the junks, so he came through the junks. He ported his helm when he gave a
SEARCHING A STEAMER.
At the Magistracy on Aug. 12 four of the crew of the steamer Cyclops were placed before Mr. Hazeland on a charge of being in possession of opium. It appears that on Wednesday Sergt. Wilson and a party of nine excise officers went on board the steamer to search for opium, and while the sergeant went to look for the chief officer he was called to the tallyman's cabin, where he found the four defendants and two excise officers. Opium had been discovered and the defendants had thrown it out of the porthole and afterwards assaulted the officers. His Worship convicted the defendants and imposed a fine of ten dollars each.
On the conclusion of the case the captain of the Cyclops complained that violence was used in arresting the men, and as stated by Sergt. Wilson the captain disputed the authority of the sergeant to search the ship, his Worship replied that even if the captain was not aware of the port regulations it was reasonable for him to assume that a police officer in uniform would not be on board a ship searching without authority. Mr Hoggarth, excise officer, asked the captain if his ship had never been searched for copium before, and the captain admitted that it had beon searched in other ports but not in Hongkong.
Another member of the crew was fined $45 or one month's imprisonment for having been in possession of a quantity of opium.
DEATH OF MR. ERICH GEORG.
In the death of Mr. Erich Georg, the well. known sharebroker, which took place at his residence on Wednesday, Hongkong has lost a widely-respected resident of nearly forty years standing. He came out to Hongkong as an assistant in the firm of Messrs. Siemssen and Co., after the close of the Franco-German war, in which he took part and gained the highly valued distinction of the Iron Cross (first class) for bravery on the field of battle. Mr. Georg remained in the service of Messrs. Siemssen and Company for about ten years, and then commenced business in partnership with a Mr. C. C. Cohen as a share and general broker, the firm name being Cohen and Goorg. This partnership lasted for more than twelve years, and in 1894 Mr. Georg started on his own account, and established a good connection. During the past twelve months Mr. Georg had been in an indifferent state of health. About three weeks ago he took The news of to his bed and gradually sank. his death will be received with deep regret not only in Hongkong but in the coast ports, where his business connections had made him well and favourably known. He
man of the strictest integrity, and the high estimation in which he has ever been held by the German community is evidenced by the fact that he had on several occasions been President of the Club Germania. He was also a prominent Freemason.
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The funeral took place at the Protestant Cemetery at the Happy Valley on the 12th inst., and was attended by a number of members of the mercantile community, both British and German sections being well represented. The cortege was met at the Monument by the mourners, who followed the remains to their last resting place. A brief but impressive service was conducted at the graveside by the Rev. Mr. Leuschner, acting chief pastor of the Berliu Mission.
The mourners included Dr. Voretzsch, von Wiser (Austrian (German Consul), Mr. Consul), Sir Paul Chater, Messrs. E. J. Hughes, T. Hough, W. Clarke, T. I. Rose, Schwartz W. Helms, W. Nielsen, N. A. Siebs, G. Engel, H. Brodersen, Melchers, Jebsen, A. Koehn, K Detmers, C. R. Lenzmann, Bandow, F Schwarzkopf, J. C. Kitzmantl, C. Schroter and
others.