SUPREME COURT. Tuesday, February 6th.
IN ADMIRALLY JURISDICTION. Berone SIR FRANCIS PIGGOTT (CHIEF JUSTICE) WITH CAPTAIN MORRISON,
NAUTICAL ABJESBOR./
THE HONGKONG DAILY PRESS, WEDNESDAY, FEBRUARY TM¤, 196.
the ships as shown by the figures, I now come tn the point of law. The "Tai On" alleges that sho had passed the "Kwong Tang." Wo have found as a fact that she had not passed but that she was only passing Does he, therefore, fail within the application of the rals that the plafotif may not contradict his Preliminary Aot? As to this, I have the greatest doubt and for this reason. I have stated the law applicable to the circumstances as alleged by plaintiff and ss derived from the regulations bat, under the circumstances of this collision, the necessity of the Tai On" showing that she was past and clear not being in issues, it is inmaterial whether the Tai On" was past the "Kwong Tong" or not, for precisely the same law, as I lave stated it, would apply to both ships. If the Tung," hor anty would still have been to keng "Tai On" wore only passing the Kwong out of the way, and the duty wontd still have remained with the Keng Tang" rot to alter It saunot be contended hor course or speed.
Ast." The application of the rule is said to be run 520 fest. The Tai Ou" had run 361 fost, this:-Unlose the Tai On" can prove that she gaining 111 feet. Aftor the soooud minute the had in fact passed the" Kwong Tung "ebe must Korg Tung" had ran 1,040 feet and the fail in spite of the fact that the "Kwong Tung "Toi On" 1,32 foot, thus gaining 292 feet, herself violated article 21 by increasing her which is 100 feet more than her longth. But, speed. Whether or not this is the true applien. and this is the crux of the onlenlation, the "Tat tion of the rule is, as I shell show presently, a On," in order to get past the "Kwong Tung," difficult question, but it seems to me asential would have to run frst the length of the first to ascertain what in fact happened during Kwong Tung" minus the overlap. That is, 200 the time which elapsed between the overtaking feet minus 50 feet, 150 feet plud her own length, and the collision. If the Tai On" did in fact. 180 feet in all, 330 feet. The position, there His Lordship delivered judgment in the case in which the Lik On Steamship Company sued para the" Kwong Tung, then it will be unnecess fare, of the two ships at the end of the second the usucas of the aleurship Kwong Tungary to consider the legal question. If she did minute was that the "ni On's how would have for $360, for damage caused by a collision not, then this question becomes of paramount been 132 fent ahead of the bow of the "Kwong importance. As was very frankly admitted by Tung," that in, 48 fost short of actual patsing between the Tai On" and the "Kwong Tung."
Mr. M. W. Slade, instructed by Mr. R. the learned counsel for the plaintiff the evidene After that time she began to draw astern. The
I hinted
Assesser bas asked and agrees with these Harding (of Messrs. Ewen, Harston and is conflicting. It is indeed conflicting. Harding), appeared for plaintifs, and Mr. E. H. during the trial that it might be possible that calculations. Hofore, however, flunlly adepting Court would believe neither of the stories them, it is necessary: to see how far they are ar conflict with the evidence. I have, Sherp
K.C., instructed by Mr. H. J. Godge. (of Blessry. Johnsen, Blokes and Master), of the two captain and this is proved to be a
fnet, for, as I shall show presently, not only does therefore, extracted from the statements of the appeared for the defendants.
the ovidence of the captains of the two ships witures on both sides what they say as to the differ, but there are serious discrepancies on hot bralative positions of the two ships-Lawrence, sides in the evidence given in support of the Captain of "Tai On": "Kwong Tang" was deed astern, could not tell how far, nor on which side: bar how fngala was aft of my toffrail captains statements. This bas necessitated a mest ninuts calentation of speeds and distances
The speeds pasand bør at 5.15: at 5.20: 10 minutes after which now procent to explain of tla two cekela at different times mas, heard her coming up: her ball rang when the
ships worn right abreast
Stainfield, Chief Engineer-When I erwe with one exception, be inhon as they wer given in ovidence, sa the experience of Cap.
•" was passing as: mit of cabin of one another on the avoning of the 16th May.tain Morrison confirms them. The "Thi On"
"Kwong Inag hur stem amidships of our fannel: her ozgineer 1904, and proceeded to Chutor, which thay were both timed to reach at 6 s.m. on the 17th. was going all through the material is
The Kwong was alast of our engine-room sky-light: im- dh kaots over the pound.
After the possible for our bow to be amidship of Kwong & plaintif must provo kunts.
of "Kwong Fang.
His Lordship raid: The plaintiffs, the owners of the steamship "Tai On" is the owner of the steamship" Kwong Tung" far damages in respect of a collision between the tro Tls in the Canton Rises, which neapred in the channel south of the Salt Flats, it is alleged through the fault of the "Kweng Tung.“ The two vessels loft Hongkong within an hour
tha
bolli
tn
the
Sing, Filo-Passed "Kwong Trng "at 5.1 18 feet apart: got hond of her two ship Ingths: collision scearred amidiately after reversing;
Ma Chi, Quartermuslor. We went ahead of Kwong Tung" in 19 or 13 minutes (she had just passed the Barrier-after 5): 8 or 10 minutes after she went ahead of us: can't row how far **Tai On" passes] Kwong Tang," as
corld not look behind.
Walter, Captain of "Kwang Tung" Thi On" caught as up at 5.20: it might have been a little lutor. After "full spoed" sho drow up for 2 or 3 minutes til sho warsbeam: her low a little forward of our bow; never forward of thai,
our red screen.
Pui Ki, Assistant Pilot-Going to whưol- horse saw" Tai On's" atem just beyond, our funnel: when I got to wheel-house her stem near our red screen.
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[36
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JUST LANDED,
that, if the "Tai On" was passing, the Kwong GUICHARD POTHERET & FILS. fong" could not be held to blame in whole part for a breach of Article 21, and the doubt I
•have in my mind is whether this rule applies in the case of failure to prove an inmaterial fact. I raz find nothing in the decisions bearing on this point. There is also another point of law. The Tai On makes four distinct allegations. Must sho prore all of them, or is it sufficient for ber to prove one? In other words, dges the rule apply to the extout of saying that all Its facts as alleged in
SPARKLING RED BURGUNDY.
Confss
Wes 30
of
TheKwong Tuntant Pilot, Ti On" green screen opposite acting effect of her own, lant, therefore, ran for five minutes at 7 knots: 350 feet, taking the knot as 6,150 feet, and ent triaute gathering weigh at knots, that is, taking the average between 54 and 72 kaots, gives 633 feet-in all 4293 feet. The "Tai On" ran for six minutes 60 knots in all, 3 feet. The length of the Tai On" is 180 fest, so that the difference between those two results, ramely, 327 fret. is nearly twe ship's longths, If the "Kwong Thug
rednood.
Lixe
of
gnth-
Chi, Chief Pilot.-After "full spoed" went eat of wheel-house to see: Tai On's" stem we up to wheel-houso, but got no further ahead because we were "full speed."
Lowis, Passenger (de bene eus)-Baw "Tai On" approaching her howa came no further than wheel-house: her how uover level with our bow:
But Ik this argument goes too far. gathered her full weigh, old not have agrees with that of the Captain, though approximity to the "Kwong Tang" in a war.
PER CASE 12 BOTTLES
24 BOTTLES
SOLE AGENTS:
$32.00
$31.00
2
H. PRICE & CO.,
WINE MERCHANTS,
31
12, QUEEN'S ROAD CENTRAL,
[:30
a very material point, and can the Tai On be held to bisme? She was evidently put into the position she was in by the worgful set of THE ROBINSON the " Kwang Tung
His Lordship You will find that point' chadow in my judgment. I shall have no on ion to it being argued because it certainly arises, but I thirk it arises in connection with the frst point. All the way through T bure had that report in mind, Adjournud sine die.
THE CANTON-HANKOW RAILWAY.
11 SAFFECTION OF CANTONESE CONTINUES.
m our Canton Condent.]
taxation
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Hongkong, 1st January, 1905.
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Tai On," the slower veysol, left first.gz's half anthored bee full weigh, Tang" our bus quarter ship's length aberd * Praliminary Act, or is it suficient for him She was passed by the Kwong Tung" of Hung Tung and
to prove one which did in fact contribute to Tiger Island and remained astern for sometime, tint is, after her full speed had taken full sighted by persons on the Knifect, she was going at 73 note over the
the collision Before stating finally the course The
which I intend to adopt, it is necessary to givu Tung" when that vessel was up to this
ground under a low head of steam. Whampoa Barrier at about 4 a.m.
debatable question is whether slits was put to
definite findings on other points raised. The Asso-sor in of opinion, as is seawan, and I, evidence of
nidos
on this Agred
fall speed
freta half spord, as Captain Walker
that 1be 13 3 judge, outirely concar, point. By the quaiom of the part of Canics, says, be from slow, as Captain Lawrenes says,
the "Tai
prior On"
to ships are not allowed to arter before i m.
The time within which she would have gathered and it is also the custom of the port that ships fall weigh will differ in the two ones,
and I
overtaking, as traced by Captain Walker, at the should onfer in their borthing order. The
was higher up must examine the question from both points of
is wholly imaginary and that moment of overtaking there was no danger of bert of the Kwong Tung
sha siow, taking two minutes as the time from slow
collision, and, thor: fore, that the reference to the river than that of tim. "Tai On" to full speed sud one minute as the tiam from Weakl, therefore, have prolonged slightly, one may he reary owing to the Kwong in entering half to full spood, noting, however, such varia-
those cases which take account of what has been port. Both ships were
termed "the agony of the moment" are itre- ut the dicoot consequence of the collision was foug's engineor's statement that the time
levaat. Captain. Walker's own statements to ran into and rank a bat the Kwong Tng
questions which I put to him show that there The agony," but the reverse, alt junk at archo- en the south bank of the frem lintf to full may be rathor more than one minute. The Amesacr considers, after a vory unel beside the Salt Commissioner's saman, careful examination of the chart, the positions,
Assessor is farther of opinion that the sag damage to her owners to the extent both at the point of overtaking and of collision Moad, Chief Officer-Saw "Tai On" obrerst Kweng Tang" did not during the material
the $20,000 This, though irrelevant
8 given by Captain Walker, to be fairly of our fannel: gradna y coming ahead till fun-time starboard her help; also that the fact of the mentioned at the opening aion, was
in the channel hue no material bearing on the Go and also the fact that na agreement had rearate, this distance being 1,900 feet. Wanels in line: bow abreast of bridge. Helf mile that the "Kwong Tang" was in shoal water Cordeiro, Engineer.-Camo on deck 5. 22 collision. With regard to the Tai Ou," he is of bu entered into between the owners of the shall, however, deformine it with greater after telegraph bow abreast of our funnel.
the ant accuracy. Than A secssor is also of opinion that to ships that the owner of cousin ul to the time of overtakiur was 5.22 and this time of soon after full speed: gaw "Toi On" over-spinion that she was suficiently, olese to the tir owner of the junk. I regret that collision 5:23. That is to say, that Eeth skips taking us slowly stood a little while, used to Kwong Tung" to feel the effect of sactions, thu **Tai On" over- engineer of "Tui On," went holow, fenola level and that she did wear under the influence of the ren for six minutes after
Teun, Sallor.When I went to fetch Assis Kwong Tung's" propellers and the counter. the fact was mentioned, leanro it. serined
the part of the take the Kwong Tung and bofore the to ndicate a desire on
thus the cause of the "Kwong swinging owite soi the stonurora most laudabio desire Cullision comurred.
to port was first the blow on hor quarter aud
A WELL-HATED VICEROY. es istems to me that justice should be done
afterwards the feel of the ebb tide. I take it
Ex-Viceroy Hin Ying-kwai, on behalf of the all und. But it is clear that no consideration of 1st I may.c
cail rough justice or equity
that the allegation in the 14th Paragraph of
"Kwong Kwangtung gentry, Las addressed another i the Proliminary Act that the shot appear to inflaczce the conclusion at whit with the most valuallo co-operation of
Tung" did not keep to the starboard de telegram to Viceroy Yuan Shik-kai, denonacing of the channel means what is stated in Viceroy Shum as" pertizacious and tyrannical," thin Ressor, Captain Morrison, agreed to by botharties, 1 kuse arrived. It is the mere implant that I should stals this, because I
Paragraph of the Patition that she star-treating the laws with contempt, and embroiling boarded her helm and endeavoured to cross ahead the people. The whole province is "bubbling Inver deal with a highly artificial role of
of the Tai On." The plaintiff has not proved with revolt, which aucourages bandits and pxucur in the construction of which there is
full weigh from half to fall speed in
all of his facts, but has, bowever, proved one, robbers. A rising of ten thousand angry people is possible, and other provinces may be involved not much guidance in the books or authori-ored
that the "Kwong Tang "altered her speed.
Shorn of all irrelevant and untrue facts, and in such a calamity. The foreign marchants ties. must note, too, that such an sgreement rather more than one minute, as the engineer
on the Shameen have already requested their as been referred to seems to have obriated taked, this difference would be only slightly This calculation is important in the
So far as the "Tui On" esidence is of tho inevitable arguments based on them, the messity of a o
across action for damage to the test place, as showing that Captain Lawrence's concerned that of the pilot may be pat ou what occurred, in uur opinion, was simply this respective Government to send garboats and "Kag Tang" in which the application of
"and nearly passed have already fled from Canton for safely. A this rs of procedure might, I think, have been point of overinking and collision are incorrect, one side as imaginary. So far as the evidence The Tai On" on her normal course oversoldiers to protect them. The foreign ladies
Ha says he overtook the Kwong Tung" at the of the Kwong Tony" is concerned, the took the "Kwong Tung"
Canton is shaking. Every day that Viceroy aimpl than it is. There is, however, no etors actioner have the procurdlings taken the Erst on the end of Salt Flats and the point of most serions discrepabey occurs between her. The Kwong Tung," in order not to be
the statements of Captain Walker and Mr. passed and to get to Canton in ber proper Shum is allowed to remain, the situation will Tho mesange bere went on to form an cation by the owner of the junkullision is 1,200 fost more to the east than that
Lowis, the pasceu ger. Tho Captain says that berthing order, increased her speed. Neither grow worte."
bow the "Tai Ou's
rucs ensed ask the powerful Viceroy to potition for the little forward of captain would give way and a was 4 sgaiathe ship owners. Having thus cleared given by Captain Walker. The distance bo-
forward of that, through the narrow channel where erents, in removal of Viceroy Shum. the grad, I proceed to examine the fasts and tween his two points is 7,393 fest and o anlouta.
caption un any possible basis of spoed justifies it. his bow though never
AN EXTRAORDINARY LETTER, argunts advanced by both sides. Paragraph Moreover, wore bisquints correct the Ti On” bat Mr. Lewis says that the Tai On's spite of Captain Walker's opinion that it was
The A-chon-RUN-PO,_ local paper, publishes. 12 of plaintif's
"Pai Un' had passed would have been still further behind the bow came no further than the wheelhouse of quite a normal state of affairs, showed that it the fireplace that primiinary act silages in
'Leong Tung" and the collision could not the "Kweng Tung" and that the loss of the was dangerous for two ships to be alongside the following extraordinary anonymous lotter of the dressed to its office and found in the Hoi. The envelope two ships were never level. These two stat going at fall speed, the end the Fong Tung." The defondant's arst
It the collision. race being
ig clear Tong-chi temple in Housm argume deals with this statement; he relies have occurred at all. This calculation shows
the breaob tore a request that the latter be published: on then to which I have referred above and seething else to which I will refer presently. ments cannot stand together, and although we
from these findings that by This material peint, however, is not so much may not be able to accept Captain Walker's wa
During of regulations applicable to her in the Your humble servant is a native of the LATEST OPRRAS & SONGS. • which the present I adopt in the form in what the position of the two ships was at the certainly reject that of Mr. Lewis. For some
my life 1 which is usually stated--the Court will
the collision as what neeurted during reason or other, the passenger takes too much circumstances, each vessel contributed to the Poon-gu district,
I hear at present that Lai Kwai- never aw a party to contradict his own
these six minulo. Did the "Tai On" first pass interest in the case. He could see what the collision. The "Kwong Tung" by increasing bare strive to be noble-minded; my age Prolimiy Act at the hearing "-and ho
the Kwong Tung" and was she then overtaken learned counsel, who was cross-examining him, her speed and committing a breach of Article 21 is 36. maintainhat the plaintiff's orideños does not
WAS driving at, thengh why, I are at a loss and so putting herself in a position approximate pai, the representative of the people, has bear out in allegation, that, if he has proved by the Kwong Tung?" We must see, there-
to understand. He was merely called de bens to the Tai On" in a nerrow channel where been unjustly arrested for trying to loduce the anything is another faol altogether, and that, foro, what was the position of the two shipy
after the first and after the secord minna.ese to state what bo saw, not to fouse for the she must have felt the operation of the suction, Government not to increase therefore hatover fault the "Kwong Tang
frig fertber, bonuse aftor counsel, and what he saw was not what Captain and the Tai On" by not keeping out of the cannot suppress my ozoited feelings and sympa committed a thies with the people. My intention was to misy bavommitted in increasing her spord, it It is not necessary fo
the second minute the "Kwong Tung" Lad Walker saw, nor is it borne out by any other way of the "Kwong Tang it be a fau the plaintiff must fall in his action.
evidence. The chief pilot's evidence also dis breach of Article 24 by putting herself in proceed to the Viceroy's yamen to protest and TAKEN. Charger nuderato. and being then the
if not successful to sacrifice my life. After al faster ship, the Tai Ou. Elaborale it is, sa I anderstand it, this-
After the first minute's run,parently agree with that of the passenger. row channel where she ringt have felt the second consideration I sume to ask myself, what scant a statement that the Tai On" the "Kwong Tung" had ourered 633 fost, But, on a little closer analysis, I think operation of the suction. Before, however, means must I adopt to gain my ends? "I The factat out in the Preliminary Act overhauled hor.
the "Pai On 661 foet. After the secand lie evidence is more in accord with what judgment can be given on these findings, there have no power or influence and there is was the ertaking, the "Kwong Tang"
the sailor Yuon and the assistant pilot said ure points of law to be decided and facts to be opportunity1 could take advantage 62 I have cherished ideas in my bosom, but the overten vassal, and, therefore, this minute's rau the Kwong Tung" haul dovered
When Yuen went to fetch the assistent pilot, gone into in order to see whether it is necessary statement ast be read subject to Article 24 of 3 plus 733 feet (or rather less if she
the *Tai- On' green screen was
to consider those questions. I don't think we cannot carry them out. I have, therefore, desid the Regalous. for Proventing Collisions at took more than one minute to gather her full ha saya
oppuste oar led screen" and when the assistant have heard enough from either side on theased to jump into the Chu-Kung River and die, Sea-in opt words that this sentence of weigh), in all, 1,366 feet. The Tai On"
sminent scholars in Kwangtung who are not Paragraph of the Preliminary Act must be in the same time had covered 661 plus 661mtut, sfter be but been fetobed, got to the points to warrant my giving judgment without so that the public may know that there are read: TaTai On" was past and clear of feet, in all, 1,22 feet. Giron this speeds, wheelhouse "the Tsi On's stem was near farther argument. It would not be right to
could not have our red sorech,
Now, clearly, what these two express an opinion on them without further afraid of death, and Viceroy Sham By repeat the "Kwong ang" This was supported by a it is our that the Th On
saw happened after theKwong Tung.
consideration, unless, indeed, the parties, in view perhaps, and will change his policy, and not treat with contempt the gentry and merchants of the the momont tions must specifically slated if not by a
to accept judgmeal irrespective It effect of what the chief pilot sage, "The Tei of these points. As this is essentially a ques pains tha merchants and gentry took to bring language coesponding in the regulations, and ar
stem was up to our wheel-house" when he tion of seamanship, and of great importance about the redemption of the Canton-Hankow PROPERTY, comprising portions of Marice by the let books But the
went out to look, but he adds she got so further to navigation in the Canton Rivar, I have Railway. We asked to redeem it; it is only pro: Lots Nos. 33 and 36; approximate area 43,000
per that we should contrul its construction. If The requested the Assessor to deal with it.
Captain Morrison-In this case there is funda are required, they must be raised with the square feet.
For further particulars apply to the Company. aber because we were full spend chief pilot ought to know what he is talking
not enough reliable evidence on either side to conrent of all the merchants. Contrary to our about. He must know that what he says is mann
Hongkong, 12th July, 1905.
[135 ingless unless the Kwong Tuag" had gathered coroborate the captains evidence, it is expestations, the Viceroy desires to make use of tyrannical measures to enforce taxation. any ship extremely bad that the master of Tai her full weigh when he went out to look.
must have begun to fall back. I think be there to command the ship, and there should be had the audacity to arrest a bigh official under for if I her to hold that the word "Fast" must Loss figures, the "Ti On" at the end of the these three Chiueto spots try to wit to be a life one officer on board, and I believe sion, and has treated the laws with contempt.HE HONGKONG STEAM WATEL
an officer on each watch. In this case wrongful teensation, without imperial permais. saw, but we have to ascertain what they did not
has brought BOAT CO., LD., is prepared to supply be read as fat and clear in the senteues I have six mutes run would have been so far behind
--350 feet-tant in this case also the collision see. The chief officer plan contradicts the the Ordinance only provides for one. A ship He will not be quiet until quet, uld not ko on an allogation that an action:
is open to rerious criticism and the rodols showers, and one should be on the watch at ali fect Chau Mong-tsang, Deputy Chu Cho-yam, WATER to the Shipping, both for Desk sad have said, our figaro in this calculation which
the Poon Yu magistrate Chai Waitung, while Boilers. the "TO" was past the "Kwong
Kwong that, if the funnels wore in line, as he says, the tices. Had there been an officer and the
Call Fing, W. merely, I think that this action is one for an is no doubt the speed at which the alleged reach of the Regulations applicable to Tung" was going when the order fall speedTal On's" bow could not be abreast of the captain on the bridges of the vessels in this they are cunning force they have tried to be- fas/as set out and I think further that, had was given. As the fret of the collision bridge. It would have been practically level case, we should have got a great deal more have like tigers, trusting to the Viceroy's powers theag there is uc reference to the tiegalations wins occurred does not fit in with Captain with the "Kwong Tung's bow. A skilled evidence than we have. The passenger who and tyrannizing the people. They did not stop to by ajaber, there is a sufficient referentes to Walker's figure of speed, we must try "Captain witness bas ne right to come into this court gave evidence may have been on board or he
"Kwong and make such kom statencats. If he had may not, he may have appeared at the moment straight one, nor did they take into consideration Their themin Paragraph 14 of the Preliminary Lawrence's statement as to the
to look for reward ant promotion, Act/bich, specifying the fault or default atiri-Tang's speed. He says she was going slow. given the slightest consideration to the dimen of the collision and imagined all these things, the peoples' foulings. They took this opportunity bad to the other ship says: Not keeping The Assessor gives her 3 knots if this is true. sines of the two ships, he would have knew while the chief officer of the "Kweng Tang
and sile, and nothing can be worse than these Another thing I should like to Lythe starboard side of the channel, not keeping Further, her on enger give her 2 rutes that what he said was calculated to mislead the only came out to get coffee in a casual sort of minds must be base and their hearts corrupted it of the way of the Tai On; not slowing for gathering full weigh frou slow to full Court and it was not until the models were
cf What wero they doing on deck whao yao, who is cold-blooded and has lost all con- IMPORTED EVERY MONTH, THERE-
FORE ALWAYS FRESH an, not stopping or eversing engines when speed. We have, therefore, this resultThe supplied that I could test the accuracy of his mention is that we get evidence from engineers. people. Still more contemptible is Win Trang-
Kwong Tung would have run 4 minutes at atatement. The evidenco of the engineers I abull presently
been have
down in seieuce. He has been enticing people to raa ought ger of a collision arose."
to It appears room?
me is the tiger's den so that they may be devoured, into a minute examination of the figures. 7 kupts-2982 feet and 2 minutes at an the two ships does not carry us much further. they
LEY'S, SCHULTZE'S, AMBERITE KYNOCK'S SPORTING the present, however, it is safleirut to say average speed between 3 and 7 kuote, ie, It simply amounts to this, that at some time the engine
ini provinco.
These five people will cause all and tho Aresser considers that the "fai On minuters 5 knota-1,140 feet-in all, 3.072 or other they wara level and exchanged that there is great slackness of discipline He has been bullying his brothers of his own nok past and clear of the Kwong Tung" feet. The "Tai On," as we have seen, lat ran greetings, The evidence of the captain of the on these ships. Both engineora gut
Tai Ou" is not much more reliable. На the box and gure evidence to the effect that Cantonese people who have any blood in them CARTRIDGES 8, 10, 12, 18, and 20 BORE Iall Sizes, Nos. 10 to 8860. AIR GUNS and the evidoncs, in my opinion, warrants this 3,966 feet. The importance of these figures is clusion. This preliminary point disposed this: We do not know arietly how far the insists that the bow flagstaff of the "Kwong they went on deck to lock round; they ought to to see their hair stand on their brads on and NEWCASTLE UBILLED SHOT in
WM. SCHMIDT & CO. These questions remain to be decided: Was bow of the "Tai On" overlapped the Kwong Tung" was aft of his taffrail and that, ten have been below to answer the telegraph. One hearing what has been done by then.
much improve matters, but I have five
Hongkong. 28th November, 1902 Tai On" past the "Kwong Tang," and, if Tang's" quarter at the point of overtaking, minutes after, he heard her coming up, Taking said he went down and camo up again to leck sm only a scholar and my death will not AMMUNITION in Variety. ras the "Kwong Tang" in default, and, if but it seems to have been about 50 feet. The his statement in Paragraph 12 of the Freat the collision-a sort of sight-seeing,
His Lordship As the law would be the same friends who regard mouey as a thing of no but they and their namorous efault, was her default the cause of, or did it damaged plate of the "Kwong Tung" was liminary Act, I was disposed, at first, to think
" to the collision? The law applicable about 40 feet forward of her stern post, so that that he had used the word "st" in a loose whether the Tai On" had passed er was intances are willing to sacrifico their} Bribute
passing, and whether it is the rule that you ae oircumstances, as alleged by the plaintiff the relative position of the two ships was to all coversational way and as meaning passing. be derived from the Regulations, is this: intents and purposes the sare at the point of and that the evidence which has been derivad may not contradict your Preliminary Act, it lives and are prepared to do the honourable Tai Ou," being overtaking ship, was overtaking as at the point of collision, and these from the figaros supported it. But the Assessor applies to the extent that you must prove you not. They are of the Kings and Nip Ching ad by the Article 24 to keep out of the way which the salonlation is based the two ships had ought to know the regulations by hourt and in are three or four allegations of fact, one of is above mine a thousandfold. When they last figures bear this out, for at the speeds on reminds me tout captains of ships knew or passed as alleged. The other point is that there type of men; their bravery and experience the "Ewong Tang," the overtaken ship, and was not relloved of this duty of keeping ont vun practically the same distance-3,972 fest such an important matter as pasing another ship which proved material to the collision, whether will learn that I died for the canes of the 75 geilds to avenge mo. Of course, I osa- the way or keeping clear," as it is termed and 3,966 feet respectively. It is, therefore, they cannot use loose phraseology. Moreover, the fact that you have not proved the others the people they will come forward with
is evidence shows that he meant past, because brings you within the application of that rule. Article 24; by the fact that the Kwong abundantly, sloar that the "Kwong Tung"
Mr. Blade-Is there not another point which not do anything more after my death, but I
No charge for examinations, but at 3 knotseed when she was over. ! law added “I did not know on which side of me "ingrossed bor speed until she was finally was not going ut half
is, alow, as Captain the Kwong Tang" us." The evidence of arises on your Lordship's findings? Your hope the gentry and merchants will silbere to
Office hours 9 AM to 5 P., 01 the taken, at and clear. The Kwong Tung
increasing her spood,
interests and opposs taxation. Then my death
No. 2, PEDDER STREET (next to the ur baud was bound by Article 21 to keep Lawrence allegos; and it is also abundantly clear Ma Chi, the quartermaster, though it speaks of Lordship found that the collision was caused by their determination to uphold the pouples' coarse sud spoed. It is admitted that the that not only is the 3 kaota right, but that all the "Tai On" passing the Kwong Tong," is the "Kwong Tang Iwong Tang" did increase her speed after the other speeds and positions on which the coutured as to the time, as bo talks of twelve and also caused by the "Tai On" not will be a peaceful one, I am revealing this
was overtaken. It is at this point that the calculation is based are right. Wo cau now minutes having veourred between the over keeping clear. Surely, my Lord, a serious from the bottom of my heart, and hope the 72 General Post Ollee and opposite to the Side
Hongkong, July 5th, 1905, bly technical and arbitrary bat salutary rule examine the different positions of the two ships taking and the collision. This minute salysis question will arise on that, because if the guilds' members will carefully poruse samentrance to the Hongkong Hotel). procedure already referred to applies-The after the first and after the second minute of the evidence shows that on both sides it is Kwong Turg" had not increased her speed(Sigusd.) A. scholar residing on the eastern atiff may not contradict his Preliminary The "Kwong Tang" after the first minute had unreliable, and I, therefore, adopt the position of the " Tai On" would have gone clear. That is side of the river,"
F. A. V. RIBEIRO (late of the Hengkung Typewriting Bureau) 34, Queen's Road Central (Second Floor).
[91
Hongkong, 25th October, 1905.
NOTICE.
EO. FENWICK & CO. LD., Engineera &o, are open to receive OFFERS FOR
farther argent that breobas of the Regüla- | Buned more than 41 feet which, gd gathered foll weigh, and when the "Tai of the agreement which ti er have entered into,rovince. The Viceroy does not know how much THE PURCHASE OF THEIR WANCHAI
her
ધર્મ 50 feet overkap
this 1 to 16 Go wide differoaca to the fannel of the "Kwong Tung," but sho
Assessor
+
reference teie actul number, at least, by of overtaking, would not put her anywhere On was failing back, and this is really the are willing
where she alleges sho was. would only bring her bow about up never could beve passed her. But the exten- ordinary part of this calcalation is that though is Laced entirely on Captain Walker's own figures it contradicts the evidence of himself nd his witnesses. He admits that the
which exist: between the wor past" and the term "stad clear," the lavor term as need in Arlidest means that the overtaking ship has not passed the overtaken ship but is sufficiently clear to mauvre with sufety On's " bow wan a little forward of his own bow, Therefore, when he went out to look the "Tai should have to keep watek; the captain should when the general public's forlings were excited which she ad not dv if wore merely pt. 22
therere, not assent to this argument, which is impossible. Not only that, but, with On
I
the fac
g
is
bo
PURE FRESH WATER.
ould be tantamount to holding that would not have occurred. But there is, as captain, but his own evidence, I am sorry to say, trying 1.000 passengers should have two calamity on the people. With regard to the Pre ANY QUANTITY of PURE FRESE
Tang
Draper.
to
whether the affair was a crooked or a
J. W. KEW, Manager, Hotel Mansions, 3rd Floor, 2807 Hongkong, 8th August, 1905.
CARTRIDGES.
9349
DR. NEWELL WILSON,
DENTIST.
:
Latest American Methods.
Reasonable Fees,
40