THE YAUMATI FERRY DISASTER,
CORONER'S INQUEST.
THE HONGKONG DAILY PRESS, WEDNESDAY, DECEMBER 10гn, 1919.
If the
of the deceased. The cause of death, be said, was drowning.
Dr. J. T. Smalley, Government Medi amount to gross negligence. Launch did come around there she would cal Officer, spoke to axaruining the body be out of her course; the proper course would have been to have kept in the middle. The evidence appeared to be that the launch came up close to the front of the Antilochus.
the Proceeding, Mr. Kemp said
as to the speed of the evidence
as far he knew Soshi Maru,
Was that sho
"A Coroner's inquiry in conacetion with the Yaumati ferry disaster was opened by Mr F. A Hazeland at the Magistracy yesterday, when an inquest was held on the body of one of the victims, à Chinese woman named Leung Hoi, alig Leung it, Koi. The ferry was rug into by the ss. Bozha Marn on November 28th and was so badly damaged that she sank almost immediately. The actual number of the drowned is not known, but many bodies have since been recovered.
Mr. J. H. Kemp (Crown Solicitor)
19
Kan Roku Tashiro, Captain of the Seshu Maru, said that at 8.20 am. on the 26th November, he left his anchorage at Weet Point and proceeded down the fair way from west to cast. The speed of the ship down the fairway was between six
IMPORTANT EXTRADITION.
CASE.
At the Magistracy yesterday afternoon. Chung Sau Nam, alias Chung Hein Nam. formerly Superintendent of the Canton Treasury, appeared before the Second Magistrate, Mr. J. R. Wood; in answer to a requisition for his extradition to China, on a charge of stealing certain.
for $100,000 and 650,000, on the Hongkong
represented the Crown, Mr. Reader Harris fast. He did not say they ought to find of the first Blue Funnel steamer Haayment-ont book belonging to the Canton
the fairway at about seven knots an hour. There would be evidence before them that that was an unnecessarily high speed, and possibly it was an act of negligenes which they might find against the master of the Sushu Mare. They might think he was going down the fairway too (of Messrs. Wilkinson & Grist) watched it, but he suggested that as a possible act the proceedings on behalf of the coxswain of negligence against him., Of ecurse a and owners of the Wa Saus, and Mr. steamer going down the fairway could not Davidson
Hastings (ut Mosses.
bob from side to side and in and out Hastings) represented the owners, cap to avoid sampang, but a steamer had not tain, and officers of the s.s. Soch Maru, absolute right of the fairway. However,
The jury was composed of Messrs. F.
when going down the fairway, the Sur C. Hall, G. F. da Roza, and C, Bondare ought to have used due caution, Mr. Kemp explained the nature of the When the officers of the Soshu Maru saw inquiry. He said that when a death the launch astern of the Ajax they thought occurred by violence in the Colony the there was quire sufficient roun, if the two police made inquiry to ascertain the ships kept to their course, for the steam cause of death and as to whether a person launch to piss in front of the Sosha ought to be inade liable and punished
Mara's bowa, - se they did nothing. criminally for being concerned in the
Apparently the launch people did not notice the Sashu Mare at that time When the Sosh Marie had passed the deux plained how also the law of manslaughter and the launch reappeared, the officers still operated in them enses when instances of apparently, thought, if they kept to their neglect might be found. In his opinion course, there would be plenty of time and room for her to pass. But, unfortunately. the present case was a very open_ane, The facts had been considered by the eccording to his theory of the sullision, authorities and they were of the opinion the coxswain of the Fe'Sang seemed that the evidence before them at pre-have lost his head, and apparently he sent was not of such a nature that the could properly charge anyone with man slaughter. At the same time, he felt that the matter ought to be submitted to the jury and also that there ought to be public inquiry by the Magistrate. He did not, at present. on the evidence he was going to put before them, ask the to find a verdict of manslaughter against the Sashu Maru' towards the Hongkong was a little faster than that of the Soshu Proceeding waa irrelevant to the case.
death. Sometimes an inquiry resulted in it becoming clear that some person had
muidered the decen ved.
Mr. Kemp Cox-
anyone. It might be that, as the case developed, further facts would come out, or his Worship might take a view of the facts different from what he himself would take, and advise the jury accord ingly. However, at present, he submitted that there would be nothing on which they could End a verdict of manslaughter against anybody. The facts would be put before the jury and they might ever differ with him on that point. Mr. Kenn referred to the law on manslaughter. They would have to fad an act of criminal negligence, which was necessary for supporting a charge of manslaughter, if they returned such a verdict but he would ask them not to find anything more than that the cause of the death of the woman was drowning. He said that be cause there were some civil proceedings ponding, so he understood, on the ques- Lion of the liability of the one ship to the other. There was to be a fight between the
two ships.
Sau Nam, in Hongkong. On the 7th August he came to Hongkong, and on the Othy he cnshed the draft for $50,000 with
INTIMATIONS
the International Bank, and placed the XMAS GOODS
.
wan was in the box. His friend should not refer to it before it had been produced from the witness box.
Evidence was then called. Lance-Sergeant Cockle deposed to
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sum with the Bank on fixed deposit. With regard to the draft for $100,000 on the Hongkong and Shanghai Bank, saine. difficulties aross over the cashing. H& did not want to go into details, but any way the money was finally dealt with by was coming down and seven knots an hour. The full spend valuable securities, to wit, two cheques most of it being deposited with the Russo- Asiatio Bank, also in the fugitive's own name. What the man had done, and why of the Soshu Maru was 10, knots and Shanghai Banking Corporation and spend of three knots would be sufficient to the International Banking Corporation
sworn by him ju the civil action which enable him to stear the ship. Coming respectively, the property of the Govern-he did it was explained by an affidavit was commenced against him in connection down the fairway he came to a place where ment of the Province of Kwasting He
with the money deposited with the Russo- two Blue Funnel sterners were anchored, was also charged with converting the
Asiatic Bank. The affidavit set forth his He also saw a steam launch coming down same to his own use, and with stealing a
intention in regard to the money, He. from the Hongkong side, under the stern
Government.
would be in a position to prove that what Mr. M. W. Slade, K.C., and Mr. Eldon
the man said he did in regard to the thought the launch would go on and pines in front of the Soshu Maru, and, Potter (instructed by the Assistant Crown
money when he got to Hongkong was absolutely untrue. The excuses which he that being so he kept on his course. As Solicitor. Mr. P. M. Hodgson, and Mr.
made for himself in that affidavit were he did so the Blue Funnel steamer sbut R. FC. Master, of Messrs. Johnson,
false. Francis Piggott, out the launch from his view, for a few Stokes, & Master), appeared for the pro-
Each time he saw the secution, and Sir
Six Francis Piggott thought he was minutes only. launch he took bearings. These were K.C., and Mr. C. G. Alabaster (instructed. changing quickly, and it get to a point by Mr. G. K. Hall Brutton and We Wight in saying that an affidavit in other and a half on his storheard bow. After B. Hind, of Messrs, Brutton & Hett) were proceedings could only be put in when the this, as the bearings did not change, he, for the defeace!
In answer to Sir Francis Piggott, Mr. ordered the engines to stop and put the
On the defendant being asked to plead. helm hard aport, and hew a short blast, Slade said he appeared for the Crown. indicating that he was going to starboard. After doing this the order was given to Sir Francis Piggott said he was afraid reverse engines and to go full speed he would have to raise a preliminary "charges" ineant. The fugitive kind stern. The Sosh Marn had a right-objection. He did not understand what handed scrow, so the effect of going to
come up there on an extradition warrant, stern would be to bring the bow still more
to the Magistrate as to whether he would starboard,, The port anchor was also and certain questions would be submicted be surrendered to the Chinese Government dropped, init this dragged.
for certain crimes committed within the jurisdiction of China. There was no charge under English law. The charges were only formulated, he imagined, by the ingerity of the Crown Solicitor, but the had nothing whatever to do with these proceedings. They had to specifly that the crime must not only be an offence. English law. Therefore, there was no against Chinese law but also against charge, and no plea. The whole of that The charges were very interesting, and they would bare to examine them by-and-crine, called larceny, which certainly was STERLING SILVER WARE. bye, but so far at the fugitive was con- cerned he had nothing to plead course, if his Worship would like to ask him whether he was guilty or not guilt of the charges formulated against him under Chinese law he might do so, but still it was outside his Worship's province
stopped his engine; there was evidence on that point. As the ships got closer the officers of the Sashu Alazu saw the danger, and one blast was sounded, indicating that they were going to starboard. The Captain also ported his heliu, turned the bow of the ship around to starboard, and dropped the port anchor. This turned
here, but the speed at which she was going prevented the anchor from holding. he anchor dragged and the wo ships came together, the Soshu ru cutting into the launch, and from the effects of the impact she sank in a few seconds. The first thing he would draw the jury's attention to was the speed at which the Soshu Mary was coming down the fair. way. It was a negligent act against the master of the Sashu Maru if he was going down the fairway tog fast. That was the only thing on which they could possibly find an act of negligence against him. Just previous to the accident the master seemed to have acted in a proper manner, the only point was was he going at a reasonable speed or not? If the jury found that the master was going too fast they would then have to ask themselves the question: Was it an act of gross negligence or just an error of judgment
2
Then what happened 1-About half minute later we collided with the steam launch, and after the collision the Nosite Muru was pointing S.B. The launch was struck a little aft of midships at an angle of S0 degrees. When the collision occurred he immediately had a hont lowered and At the time he lifeboats thrown over. struck the launch she had very little headway, so that the engines must have When he first saw the been stopped, launch she was travelling at a speed which
Jaru
Of
raat which he produced.
arresting the Eugitive in Queen's Road on The 18th November by virtue of the war
MJ. A. E. Bullock. Chief Clerk in remisition from the Governor-General of the Colonial Secretary's office, produced a Carton, and a translation was also put in, Sir Francis Piggott pointd out that the terms of the order by the Officer Adminis
the requisition by the Governor-General tering the Government and the terms of
Mr. Bullock was asked to examine the of Canton did not agree. two documents, and he admitted there was a difference in wording
Sir Franeis explained that he was try ing to get at what the fugitive was really
evidence concerning that point before the charged with in China, for there was no
Court. All the Court knew was that a
not in Chinese law. had been committed in Chinese jurisdiction.
Mr. Slade said that in the broadest
possible language, the crime with which the prisoner was charged was that he had use the enm of $150,000, which did not unlawfully misappropriated to his own belong to him
Evidence was also given by the first mate and third ate of the Soaka Mars, the latter remarking that he did not hear In reply to Mr. Harris, who said that any whistle sounded from the launch. he was representing a man who, according the opening of the Crown Solicitor,
Mr. Slade said the charges were for might be charged with manslaughter, tae Coroner said he would instruct the jury to return a verdict of death from mis-uulated for the purpose of assisting to adventure, or death due to criminal
show what charge according to English negligence.
law was being made against the fugitive It was necessary to show that they were charges according to English law, and that he was guilty of an offence according to English law. Whether it was right to ask the fugitive to plead was another. matter, and he thought possibly, if any questions were raised by the other side, ire there to take the charge in Chinese would be best not to ask him to plead
Mr. Harris-You cc. we have been accused of committing suicide, that we stepped in the fairway and waited for the The inquiry was then adjourned until this morning.
Soshu ataru wo nit us,
WOMAN 130 YEARS OLD.
to A correspondent writing
Mon village says:- Bangkok Times describing a visit to
the
a
·Sir Francis Piggott-Yes, that entirely meets my view.
Accordingly, his Worship did not ask
The Coroner interrupted bere, and With regard to the coxswain of the haunches at the open door of the inner the fugitive to plead..
adventure. Mr. Keinp had snid only drowning."
The Crown Solicitor explained this. They had not to say whether in their opinion one ship or the other was to
Sir Francis-said-he-must get it before the Court The fugitive could not be tried in China, if he were extradited, on any other charge than that under English law, under which he was extradited. Therefore. it must be absolutely precise.
Mr. Slade, submitted that the charge was absolutely precise. The Court was
technical language. It must be proved that crime had been committed accord-
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ing to English law, and the prosecution CHS.
were prepared to establish that such a crime been committed.
Sir Francis defied anybody to under- tand the second charge. Of course it was Crown
Solicitor to turn it into an English charge. It might be a charge, or it might not--he did not know.
Mr. Blade suggested that the right thing to do was to listen to the facts first and raise an objection afterwards.
His Worship-Yes, so long as we quite
Sir Braucis Piggott-I want to point out the abseits necessity. of a charge according to Chinese law being proved in this Court.
Our attention was next attracted by very ancient looking old dame bent and wrinkled. She was sitting on her
Mr. Slade said he would open. the case advised the Crown Solicitor to inform the launch, he appeared to be going across house, and drow our attention to her by
And that demanding of the young people why they in the shortest possible manner, and duties of not performing were jury that the verdict must either be the fairway at full speed.
brought him to another important point hospitality. She wanted to know why would proceed as quickly as possible to criminal negligence or death by mis If the steam launch had kept going at they were not setting out the chewing the evidence. The fugitive was employed exceedingly ingenious of the
full speed it would have cleared the materials and patting on the rice pot in the Kwangtung Province as Super On the 2nd looked old, for the little man told me that intendent of the Treasury. steamer. The immediate cause of the I think I must have remarked that she disaster was not the launch going acrore she was one hundred and thirty years of August he brought to the Treasury an the fairway at full-speed, but the cox-cht and he repeated it. I said I had.
I wondered whether 1 had heard order which purported to be signed-and right
was sigued by the man who was then blame, That was a civil matter which wain losing his head at the last moment frequently heard of people who had lived
Whether he was low: would be, or might be, fought out between and stopping his launch. But the least a few years over the century, but that 130 holding the position of Governor general
was an unheard of age. He said that her of the Province. the authoritics elsewhere. In the present they could say about that was that it was father came back from the wars when she fully authorised to be Governor General understand where we are.
was another matter he was in fact acting inquiry the representatives of the ships an error of judgment. He did not think was still an infant. Her father, he said, had been present at the fall of Wieng had no right of audience and it would be anyone would call that an act of gross than I can only ninke this agree with in the position. This order, sent by Chan the taking of the Laos capital from the Kwing Ming, was an order on the unfair to find any verdict against one or negligence amounting to recklessness. other, without hearing what they had to Previous to the calling of the master Peguin garrison by Phya Tak Sin in say for theinselves. As regards the law of of the ship. Mr. Davidson remarked that 1778, The Emerald Buddha and the Laos Treasury for the sum of 8259,000, to be
kok some two years later than criminal negligence, Mr. Kemp reminded in view of the fact that those proceedings Queen were apparently brought to Bang used for the payment of the troops at was not enough money in the Treasury at the jury that mere error in judgment was might result in criminal proceedings. This, however, takes us back over the 130 Nanking. It would appear that there
On the other hand the one
the time of its presentation to meet the not sufficient to constitute that offence. witnesses should he warned against years.
The old lady is demand, and only $150,000 was forthcom around number. Another important point in that case was incriminating themselves. He asked that hundred and thirty given us may be only
ing. This amount was paid over to the that they could make some person liable because, only having notice of the inquiry | certainly very old. She has been confined
the previous day, the officers of the to the house for the last three year, fugitive in the form of two cheques, one on a charge of manslaughter for an
is apparently only able to move about the unlawful act or act of negligence, but the Soxha Mart, and himself, had had no foor. She is very deaf and it was out for $100,000 on the Hongkong and Shang- hai Bank at Shameen, Canton, and the He was death must be the direct cause of the time to go into the matter to any extent, of the question to try any conversation.
An old man came in later: unlawful act or act of negligence. The to see the effect of answering any number rather deaf too and was over eighty.other for $50,000 on the International not of negligence must be the approximate of questions which the Crown Solicitor This was the old lady's stepson, the little Bank, at the Shameen. On the 6th cause of the death, but he did not think might put. And it was perfectly clear man told us. He was quite garrulous, but August two drafts were bought from the
so deaf that it was only possible to talk that they would find that acts of negl that much would be made of what was with him on the matters uppermost in Hongkong Bank and the International gence were approximately the causes of done on board the Soxlu Meru immedi- his mind. His mind is all on the practice Bank, for $100,000 and 850,000 respective He showed 3 ay. These drafts, were payable to the the collision which occurred.
ately before, and immediately after, the of religion now.
religious palm leaf book in Mon which
fugitive in his own personal name, Chung collision.
he could read with the naked eye.
Subsequently the Coroner undertook to warn the witnesses, Mr. Davidson adding that the officers appeared to be in some danger, after the opening by the Crown Solicitor. They could, if they so wished, refuse to answer.
Mr. Kemp then outlined the collision. The Soshu Maru was proceeding down the Fairway on her way to Stato. On her way down she came to a place where two Blue Funnel steamers were anchored, the Antilochus and the
The Soshu Maru approached the stern of the jaw.
Mr. Kemp said there were two possible The boats were pointing eastwards; and a steam launch was coming out from the reasons why any of the ships' witnessee Hongkong side of the harbour. The might object to answer question, ̄ ̄ ̄ ̄(1) launch, on her way across the fairway, Afraid that they might incriminate them. became obscured by the Ajax, and when selves; and (2), afraid that they might seen again, was going further on its course disclose evidence which they did not want across the fairway to Yaumati, Witnesses to disclose at the present moment. That seanted to agree that the launch passed second reason was, of course, not a good nearer to the stern of the Antilochus than
reason in regard to that inquiry. to the bow of the Ajax That was an important point, for if the launch came round the bow of the Ajar that might
Mr. Davidson-If the second is bad that does not invalidate the first..
Mr. Kemp-Oh, að
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Mr. Stade was sorry to say that, not
his friend the Chinese name for larceny, being a Chinese scholar, he could not give
whatever it might be, and perhaps his friend would take it from him that the anime was called larceny in English and something else in Chinese, (Laughter.)
His Worship-It will come before the Court again....
Mr. Blade The whole gist of the matter is, he has taken what isn't his'n.'
(Laughter.)
The senior clerk at the Canton Treasury was afterwarde called to rive evidence in order by the fugitive, and to the handing regard to the actual handing in of the over of the $150,000 to him.
In answer to Sir Francis Piggott, he said he had been deputed to come down from Canton to give evidence in the case by the Governor-General.
Sir Francis-Have these proceedings. been authorised by the Foreign Office of the Central Government at Peking -1 do not know.
So far as you know they have not been? I cannot say whether they have or not. was adjourned until this
The case afternoon.
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