CORRESPONDENCE.
HORSES AND MULES ON THE BATTLEFIELD.
[TO THE EDITOR OF THE HONGKONG DAILY PRESS:"}
THE HONGKONG DAILY PRESS, FRIDAY, NOVEMBER 1771, 1016.
THE WEST RIVER COLLISION, showing that she was not at anchor
CASE.
THE QUESTION OF FAIRWAY. In the Supreme Cours (in Admiralty Jurisdiction) the Chief Justice continued the hearing of Counsel on the question Sia,Referring to my letter of the 30th. of fairway in a claim for $100,000 dam December, 1915, would yon kindly permitages by the Shui On Steamship Company me to draw the particular attention of against the Standard Oil Company. The your readers to the following extract action arose out of a collision which from The Times of the 6th inst. :--- occurred between the plaintiff's steamer Shui Ou and the defendants' lighter Ruth in the West River in January, 1915, Accompanying his lordship on the
Plans are oriced by the United States Army for the formation of a horseless regiment of heavy artillery--- the first of its kind in the world. The arms and store-wagons will be hauled from point to point by caterpillar. tractors." Instead of riding on horses, the artillerymen will ride on motor
cycles, each machine carrying 3 men.”
I would ask the Press of all Nations to be so good as to give the widest publicity to this letter. I am, Sir, Your faithful servant,
JOSEPH ROBERT MORRISON. Kingaleigh,"
St. Alban's,
19th Oct, 1016,
THE BOY SCOUTS MOVE- MENT IN HONGKONG.
[TO THE EDITOR OF THE HONGKUNG
DAILY PRESS."
Sin-A letter has been received: from Mrs. Eva A. S. Rayner (Scoutmaster, 50th South-West London Troops, Barnes, and Cubmaster Edith Cavill" Wulf Cubs, Kensington), in which she says that when she left Hongkong litth: more than
a year ago H.E. the Governor was Chief
Bench was Commander C.W. Beckwith, RN., sitting as Naval Assessor
The Counsel engaged are Mr. E. H. Sharp, K.C., and Mr. C. G. Alabaster (instructed by Mr. Ruse, of Mr. J. H. Unrdiner's office) for plaintiffs; and Mr. Eldon Potter and Mr. F. C. Jenkin (instructed by Mr. C. D. Wilkinson, of Messrs. Wilkinson & Grist) for the defendants.
At the opening of the proceedings yes terday, the Chief Justice remarked, with
reference to the point as to whether the Ruth was aground or not, that it was admitted that she was agrüund.
Mr. Alabaster-It is admitted that she was at anchor and aground. It has never been contested that she was aground.
Mr. Potter--What we have said is that she was at anchor and aground. couple the two together.
We
The Chief Justice-Then I have to con- sider whether Article 11 applies?
Mr. Potter-Yes,
Mr. Alabaster-The defendants having
admitted that she was at anchor and pleaded that, it has not been necessary for us at the trial to produce any evid:
Scout, Lady May was President, and over $3,500 had been collected for build ing a ball; and great interest was takenence at all that she was at anchor. That in the Boy Scouts.
is in fact, whatever it may be in law. Sho is very sorry to learn that the My friend, may argue what the meaning of that is in law, but it is admitted that Association can no longer continue to carry out the principal objcets for which the Ruth was at anchor,
The Chief Justin-Defendants say in
within the meaning of the regulations1
The Chief Justice No.
Mr. Potter-I can prove that she was not at anchor, but hard and fast on the ground, and I will show you that in the matter of light we were not, from a legal standpoint, within the meaning of the Article.
"HONGKONG WEDDING.
MURIEL TAYLOR,
The marriage was solemnised at St. Juhu's Cathedral, yesterday, of Mr. H,
INTIMATIONS
LANE,
CRAWFORD & Co.
Muriel, of the Hongkong and Shang- hai Banking Corporation, and Miss Katherine Stewart Taylor, daughter of 'Mr. E. E. Taylor and the late Mrs. 3 Tae Chief Justice-We have all along - Taylor, of Prestwick, Ayrshira, gouo on the basin that she was aground. The bride, who was given away by Mr. Mr. Potter--And therefore not at. J. Stabb, was attired in a 'dreas com- posed of white crêpe ninon over Liberty anchor..
satin, trimmed with pearl trimmings and
The Chief Justice-That she was not afloat, and, therefore, not at anchor in
the meaning of Article 11.
IRONMONGERY DEPART.
THE
orange blossom. She also wore a veil of WE HAVE JUST RECEIVED A LARGE CONSIGNMENT OF white net, caught up with orange blos- soms, and a pearl pendant, and carried a bourguet of white roses and chrysan themums, the gift of the best man, Mr.
199
Mr. Potter-Exactly. She was not at anchor within the meaning of Article 11 We do not regard her as being held in hor position by her anchor, but becauss. she was hard and fast in the und The Mias M. M. Stabb as bridesmaid, and anchor was only there as an extra pre Master William Hancock as page. cantion. I think any man in these ciridesmaid was attired in a dress of white cumstances would heave out an anchor at muslin, and wore a large straw hat the end of a rope, although the anchor trimmed with violets. She also carried FRY PANS, KETTLES, TEA AND COFFEE POTS. might not have the slightest, effcet.
a basket of violets. The page was dressed ROAST PANS. MUFFIN PANS, CAKE MOULDS.
“WEAR-EVER'
C. Leith. The bride was attended by ALUMINIUM COOKING UTENSILS
Mr. Potter-Exactly. It follows, therefore, that we can only be held to come under the latter part of Article 11.
The Chief Justice-That is all you have
The
SAUCEPANS,
INCLUDING
STEWPANS. PORRINGERS.
PLATES, CUPS AND SAUCERS.
| COCKTAIL
SHAKERS. WAFFLE
WEING DISHES.
HAVE A STOCK OF HEAVY
MOULDS,
SAUCEPANS, STEWPANS. STOCK POTS,
The Chief Justice--The Naval Asscasorin a white man o' war suit. The ceremony MUGS. assures me that it is customary, in good was performed by the Rev, V. seamanship, when a ship is aground, to Copley Moyle, and as the newly married throw out an anchor to meet the con-pair walked down the aisle Mr. Denman tingency of the vessel being swung round Fuller, the organist, played Mendels sohn's Wedding March. After the into deeper water. He does not think a ship can be said to be at anchor as long ceremony, a reception was held at St. as she is aground.
John's Place, the residence of Mr. and Mrs. N. J. Stabh The honeymoon is being spent at Taipo, for which place Mr. and Mrs. Muriel left last evening, the bride being conveyed to the bank launch in a chair which was carried by six Mr. Potter then proceeded with his stalwart Britons. The bride's going analysis of the evidence and the bearing away dress was composed of blue crêpe Article 29 had on his case. Ho contended nicon over white chiffon and silk, with that that Article was simply a warning trimmings of dull gold ribbon. She also a black velvet picture hat. The and did not impose any obligation. It wore was merely a warning to seamen that in presents were handsome and numerous. spite of the regulations, in spite of Among those present at the reception was the Officer Administering the observing them strictly, or in spite of the H.E. fact that they were outside them, they Government, (the Hon. Mr. Claud would not necessarily go scot freg but Severn).
to mert.
it was formed, viz., the making of the their pleadings that she was at anchor were liable to the ordinary law in respect
Beys of our Colonies into honest men and worthy citizens."
and aground, and that these words are not within the meaning of Article 11, and
however, one that the act was wrongful of negligence. There were two essentials,
The money collected for the Hall has have cited authorities in support. They according to the law of the country in been invested in War Loan. Mrs. Rayner also say, in their pleadings, that she had which it occurred, and the other that it considers this sound, but is greatly dis- the necessary lights and was at anchor was wrongful according to British law appointed that it should have been and aground, which to me seems to be covered by the first paragraph of Article
necessary to do that at all.
When the war is over, the real battle for our Empire will rage in the field of Commerce. This is what we are prepar-
Sng our Scouts for now, "Love of
country, the honour of our word, clean- liness and uprightness will hold the victory which is being bought at so dear
a price to-day!”
The boys of to-day are the business men of the future, and it is for the welfare of the Colony that Mrs. Rayner makes the following appeal to the public of Hongkong:-
Please help the Two Troops left to carry on. I am not asking for charity; the Scouts are not a Charitable Institu- tion. We are only too willing to work to save our money, but out in the East, where Chinese labour is easily obtained,
it seems more difficult for the Scout, to do his bit to help his Troop."
Mrs. Rayner's letter has the full approval of Headquarters.
11.
Mr. AlabasterMy friend, having pleaded that she was at anchor, cannot now say she was not at anchor. Before he called his evidence he never hinted at such a thing. We accepted his admission of fact and be has called witnesses to confirm it. There was no cross-examina tion of his witnesses on that point be cause he had admitted it. He cannot contradict his own witnesses,
Mr. Potter-Nothing was raised on this point-which I think is a piece of special pleading till yesterday. There was no suggestion of it in their opening.
This was not a mere question of jurisdie
SPORT.
CRICKET.
VOLUNTEERS 4. RESERVES,
The above match will be played on the tion. Your Lordship," he said,
H.E.C.C. ground on Saturday, com complete jurisdiction to try an act commencing at 2 pm. Tiffin will be served mitted in any part of the known world in the pavilion at. I pin. punctually. but the plaintiff has to prove, first, that By kind permission of Major Morgan the act was wrongful in the eyes of the and Officers the band of the 18th Light law of the country in which it was com mitted, and second, that it was equally infantry will play from 3.30-5.30. wrongful under British law. regulations are binding upon us, but once we get ourselves outside the regulations then the only form of action that can.
These
be brought against as would be one of negligence of having left our lighter unlighted in Chinese waters and this ship ran into it and got sunk. Your Lordship will search the books in vain for any case of collision that occurred in foreign waters that was decided by Eng
Mr. Alabaster-They have admitted it, and by having admitted it we say theylish common law." come under both parts of Article 11. They supported it by evidence; now they
come forward and make their witnesses eat their own words.
Mr. Potter-We had to inform the
Scoutmaster Carvalho, of the Kowloon
Court that our anchor was out. We Troop, and the undersigned will be most might have pleaded that at a certain pleased to give all information regard-point we throw out an anchor, but ing the requirements of the Troops.-I
whether it was aground or not is a differ-
am, Bir, Yours faithfully,
ent point.
J. M. BRAGA. Hongkong, 16th November, 1916.
TYPHOON WARNING.
The following telegram has been received by the American Consulate General, Hongkong, from the Manila Observatory:
1.40 p.m., November 16th.
The Chief Justice, after the tiffin ad-
journment, said he had been talking over
several points with the Assessor and, apropos, the authorities cited by Mr. Potter in regard to the Thames--the position of a fairway and so forth. Some of the casey were not analogous to the present case. From the evidence be for the Court it was clear that the fair- way had been defined as 1,200 feet, and that must 'constitute a limit to the fair way. The limited space was all navig able water and owing to tide and strong winds in that locality and limited navig- The Chief Justice-They say the Ruth
able water navigation was difficult, Tak showed the regulation lights and wasing all the water between the southern and anchored and aground. There is no
northern banks, there was 1,200 feet of doubt they allege she was at anchor.
Mr. Fotter-If she was hard and fast cul and limited.
navigable water and navigation was di
agronnd she could not be at anchor.
Mr. Alabaster-You admit she was at
Mr. Alabaster-They have admitted that she was at anchor, whatever that
means.
Mr. Potter agreed with the Assessor and went on to deal with the avidence, com
The typhoon is crossing between Luzon anchor and aground. We accept that and menting strongly on the fact that Dris
and the western Visayas in the form of 3 shallow depression. It may increase in Intensity in the Chins Sea,
leave it there. My friend may add what
frills and embroideries he likes, but he
cannot get rid of the fact that he admits she was at anchor and aground.
coll, of a torpedo boat destroyer, who
convoyed the Shui On for four months, gaid he had never seen the Shui On on that course before. He had seen many Mr. Potter-I may inform your lord boats going over those waters but never LORD MAYOR AND FREEMASONRY ship at this stage that I have over twenty before one on the course the Shui On
On the invitation of the Lord Mayor prove that the Ruth was in fact, bard and by West River steamers.
references in the ovidence which go to want. Her course was not that adopted (Colonel and Alderman Bir Charles Wakefield), members of the Guildhall
fast in the ground and in no way held, His Lordship observed that Driscoll Lodge, of which he is Worshipful Master, in her position by her anchor. I can con- also said the ship was a long way fut held their regular meeting in the drawce that she was at anchor, but that is of the fairway ing-room of the Mansion House last 6 in accordance with proved facts. month. Sir Charles presided, and the When we pleaded that she was at anchor members passed a vote of congratulation and aground it was not our intention to upon his success as Master of the lodge, and resolved to present him with a silver aver that she was at anchor in the ordiu-tance between the two banks was 1,400 cup and Past Master's Jewel as a mark ary sense and in the senso used in the feet. of their appreciation. A sum of 100gs was voted to the Masonic Nursing Home beginning of Article 11. But let us when it is expected that it will be con- The hearing was adjourned ritil to-day, and Freemasons' War Hospital.
amums that we did, does that prevent me cluded.
Counsel pointed out that Driscoll Bid way. Other witnesses said that the wreck the boat was 500 yards out of the Fair
was right out of the fairway, Uli
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VOLUNTEERS.-R. M. Austin, J. V.
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Stalker and F. Synie Thomson, G. E. Marley, E. J. R. Mitchell, J.
R. E. O. Bird, H.. Hancock, Hon. Mr. C. Severu, II. H. Tayler, C. W. Beswick, A, O. Brawn, J. H. Mead, S. E. Green
RESERVES.-R. Hancock, T. E. Pearce,
Umpires:-Major T. A. Robertson and C A. Hooper..
and R. P. Thursfield,
CS.C.C.. H.M.S. TAMAR."
The following will represent the Civil Service at home, at 2 p.m., op Satur- day-E. W. Hamilton (Capt.), R, A. B. Ponsonby Fane, J. D. Wright, C. F. Mason, C. Sara, E. W. Dawson, R. C. Witchell, C. J. Tacchi, F. J. Ling, J.
W. Franks, and P. T, Lamble. ́ Reserves; R. Bearne and 8. Alderman. Umpirez W. H, Woolley. Scorer: W. Fincher.
FOOTBALL.
HONGKONG F. C.
The following will play in a practice watch on the Club Ground on Saturday, kick-off, 4.15 p.m.-
Whites-Handyside, Ralston, Black,
L. Railton, Stewart, Rodger, N. Rai tou Envilesden, Smith, Rasmussen, Purves
Colours-Nissim, Hoogenwerf, Dickie, Walker, Chassels, Bond, Goldenberg. Maxwell, Bremner, Barton, Robinson,
ISLAMICS. SOUTH CHINA ATHLETIC.
The following have been selected to represent the Islamics in a League match against the South China Athletic on Saturday next on the Naval Ground at 8.45. p.m.-U. M. Omar, A Jackson, W. Ogley, R. M. Omar, Muhanimed Din, M. H. Abbas, W. Bandran, H. Johnson.. A. Hamid (Captain), "Iron" Bux, J- M. Dyer. Reserve, N. Rumjahn.
HOCKEY.
US LEAGUE,
II.K.V.C. "A". ROYAL ENGINEERS, The following will play for the Volan-
Hamilton, C. Bulmer Johnson, F. W. E. The Assessor said the approximate disp.m. sharp, at Happy Valley-E W
teer "A" team in Whites today, at 4.30
Evans, EJ B. Mitchell, K. Bravshay (Capt.) G. Miskin, R. A. Brand, T. G. Weall, A D Ball F. B. Smyth, and W. A. Cornell
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