Page
41
THE HONGKONG DAILY PRESS, WEDNESDAY, AUGUST 3RD
INDO-CHINA NAVIGATION CO.,went on board with the object of starch, ing one place and ore place only. Be could prove that every precaution had been taken and that the Company had done their utmost to stop smuggling,
SUMMONED,
MYSTERIOUS FIND OF OPIUM,
{
The Magistrate said he ganted Mr. Crew to get down to the servants and THE INFORMER TO BE QUESTIONED. | crew-whether they had access to this place. He did not suppose that the Com- pany or officers did not take, all the ucces Anry precautions, but the onus was thrown | on the defence by the Ordinance to prove that none of the servants or crew were implicated.
Navigation The Indo-China Steara Co., Ltd., through the General Managers, Messrs. Jardine, Matheson & Co., Ltd., were" summoned, before Mr. G. N. Örme, at the Magistracy, yesterday, for allow ing one of their stengers, the Aumanng, to be used for the transportation of illicit
opium,
MARINE INSURANCE CASE.
NEW TRIAL BEGUN.
THE LOSS OF THE "LUEN ON"
The acting Chief Justice (Mr. H. H. J. Gompertz) ant at the Supreme Court yesterday to re-try the action in respect at the loss of the s Luen Ony which the
MONEY AND PROPERTY MISSING.
The residence of Mr. W. Garrard, of the Taikoo Docks, No. Terrace, was entered during the morning J. Stanley of July 30th, whils, he was at work, and money and jewellery to the value of w breaking a window, stolen. The thief entered the house by
"Mr. Smith said he did not realise thus / Full Court seit back for rehearing Jast white, at work on Saturday, be lost in
the suggestion of the opium being do posited aboard the ship at Hongkong to be taken out again at Hongkong was going to be brought in. He could call Mr. Taylor to prove that the opium could not have not been lying there all that Imports and Exports, prosecuted and Mr. some time since January..the chains must time. If the opium was put there, at A. H. Crew (of Mesars, Hastings & Hast-have been taken out.. ings) defended.
Mr. N. L. Smith, Superintendent of
.:
week.
#
Refinery has reported to the police that Mr. W. Ireland of the Taikoo Sugar
the retinery pr in notes which he had The plaintiff was. Yeung Kwongyang, which he thinks may have dropped out in the breast pucket of his coat, but trading as Mat Taze, and the defendants while he
was bending over ble work were the Young Shing Insurance and supervising the bailing of sugar. investment, Co., Ltd. Under a marine! from the Company a sum of 20.000 in Place, returned to his matshed to change, policy of insurance the plaintiff claimed beach, about 3.0 p.m. on July 30th, After bathing on the Kennedy Town Dr. T. P. Khoo, of No. 3, Prospect. respect of the loss at sea frou an und found his cont in the breast pocket original hearing. after the plaintiff's caso the words Con Lim on the clip, worth dent of Messrs. Jardine, Matheson, & mitted that there was no case to answer valued at $10, missing.
Capt. F. Wheeler, marine superinten had closed, the defendnats euise! sub: $20, and a pair of gold rimmed spectacles Co.'s, wid he had been years with the since it had not been proved that the ship Company and 17 years in command of was lost through one of the perils speci ships. He corroborated what Mr. Crewfied in the policy, namely rocks, waves, had already said about the precautions typhoons or wind." against smuggling taken by the Company had been unable to state the precise The shipping com- pany. I had always found the Euro- cause of loss as the ship has never since pran exentive on the ships extremely been heard of. The neting Chief Justice zeilous in their search for contraband,
upheld the point and gave a verdict for stop all smuggling!
Mr. Crew: Is it humanly possible to the defendants.
Mr. Crew: I don't care what Mr. has never been out.
Hevenue Offer Whisl said that at mid taylor says.. I can prove that the chain known cause of the sun buen Ou. At the of which was a gold fountain pen, with
Bary
"
day on July 7th he went on board the 1.3. Among and told the chief officer that he was going to search the ship. Witness went to the fore peak, to the chsin tucker, where he "found it neces
to remove the eable out of the starboard chain locker. He reported this to the chief offer who did not seem very pleased about doing it and asked who was going to pay for the overtime. After the cable was taken out, he ru moved the boards at the bottens of the chain locker and found 40 bags of raw
Capt. Whoefer Quite simpossible. I opium, three balls in ench bag.
have found the ingenuity of the Chinese Witness then asked that the port cable practically inexhaustible. To thoroughly should be removed and this was done search a vessel it would be necessary to the corresponding plaer, at the flag her up and practically strip her. bottom of the chain locker, beneath the have never found revenue officers discover boards, he found one bag erutaining four opin when they have no mpre informa- balls of raw opium, dine five tal tin often than the ship's executive; nor have prepared opium and a hors box of pre-t known a single case of the master or pared opium. The work was cut officers being implicated in smuggling. away and in a erevied was satur
The Magistrate told Mr. Smith he opium wrapped Jeaves and a small jar would like to know what his case was of plant. The drug was found to be if it was being pressed. non-Government »piumi,
Lu
More
It reply to Mr. Smith the witness said it would be quite impossible to get at the place where the opium was found, unless the chain were removed. The third offer cant down, and he was quite sur prised to see the opium them. It would be impossible to cut through to the place
from below, or from the sides.
Mr. Crew: It is part of my case that the place cannot be get at without re moving the chain.
The witness agreed that the whole of the chain would has to be removed and that to do so was a fairly big under taking.. The whole ship would know about it.
By Mr. Smith: The bags containing the opiunr were elenu and'dry.
Cross-examined, the withes admitted that he went there on information received, to search the chain lockers!
11
Mr. Crown, snid the Indo-China Steam Navigation Co., whose General Managers were Messrs. Jardine, Matheson, were a very well known shipping company in the
THE PETITION
IS BEING LARGELY SIGNED
BUT-
IT'S YOUR SIGNATURE WE WANT. SIGN TO-DAY,
I
The Luen On, a steam launch of about 140 tons, started on a voyage from Honk kong to Manila on November 16th, 1817, after returning to port from a previous start in consequence of bad weather and She has never been heard of since although taking on coal as fuel and as ballast. all possible enquiries have been made.
F. X. Almada) appeared to-day to amp- Mr. C. G. Alabaster (instructed by Mr.
(instructed by Mr. G. R. Haywood) to port the chim and Mr. F. C. Jenkin' oppose it.
It was decided at the outset that the Mr. Smith: I ever thought it would trial should be resumed at the point where he suggested that it was put on in Hong.it concluded at the original hearing and kong-it is like bringing coals to New Mr. Jenkin occupied the whole of the chistle. Some of this opium is Indian and morning in developing the two remain some Singapore opium, and it is all, ing grounds of his defence." apparently, fresh.
These were that the vessel was not seaworthy at the turned to port, thereby deviating from time she put out to sea and that she re- her voyage and, as a result. determining the policy.
could move the chain-steam would have Capt. Wheeler said no member of the crew to be specially applied. There was no or to get down between the chain and
the sides of the chain locker.
Capt. Thomas Grant, in command of
Proceeding with his argument counsel drew attention to the evidence tendere the Aumenay, Mr. W. W. Hipkins, first by the plaintiff for the purpose of show ficer since May, and Mr. A. J. Bing that it was essential for the vessel Lamble, first officer before that, gave to put back into port, after starting on similar evidence.
its voyage, in order to take on more coul for ballast..
The Magistrate (to Mr. Crewe): Are you enlling any Chinese 1 The whole question really concerns them. You have to prove they were not implicated.
Mr. Crew? I can call the bo-sun, if
necessary.
Mr. Crey thought, he was not called upon to prove an absolute negative. He
could not prove that none of the crew could have had nothing to do with it. He said it must have been put there at the annual overhaul.
to
Mr. Smith: And they intended bring it out at the next overbaul?
The Magistrate: Keeping it on fixed deposit!
CA
plaintiff who sought to justify it on the Deviation was, he said, admitted by the ground that it was reasonably neces sary." "The insured in this case, Mr. The Magistrate: It is up to you: I Jenkin pointed out," is in this position. only call your attention to the words off the vessel was seaworthy in fact, he the Ordinance.
cannot justify coming back to port. Therefore the policy ceases to have effect if he can justify conning back to port on as from the moment of deviation, whereas a ground which indicates initial unsca attached at all. The position in law was worthiness then the policy has never he said, that if a boat was going on trip from Hongkong to Manile in ballast, as in the case of the Luen On, it was the absolute daty of the assured to put upon The Chinese compradore of the ship her authcient ballast so that when she was called, but he could throw no light left port for the first time she could per. on the matter and amused the Court by not assist the assured that he might buye form the contemplated voyage, It did giving the weight of the anchor cable as made a hun fide error of judgment in 100 tons, instead of 30.
The Magistrate Mr. Smith, we have making an estimate of the amount of rather come to an impasse. The Com-ballast necessary. If he made a mistake any have proved that there is no access and want out without sufficient oallast to the place except when the ship is in then, although he believed her to he
sufficiently ballasted, the Insurance com Mr. Smith: I don't think so.
was absolutely relieved of all The pany officers say the chain did not come up liability. there is some secret access, of which had not necessarily anything to do with while they were on, the ship but, unless Seaworthiness, Mr. Jenkin contended,
have come up more than once far in one cular ship was surveyed and, so far as there is no indication the chain must the hull of the ship because this parti- of the lockers is, Indian opium and in the hull was concerned, there appeared the other Singapore opium."
to be no evidence that she was not in fit Company had standing regulations which Factory, was then called at the sugges. There were many other essentials to sea Mr. Taylor, of the Government Opium condition for the contemplated trip compelled that search. At their own tion of the Magistrate. expense, they published and sent to their of the opium was of a kind that came
He anid some worthiness and amongst them was the own vessels, in Chinese and in English from Calcutta or
matter of ballast.. one of the Indian notices stating the different rewards paid ports; the other was packed as the
His Lordship: In this case the ship by the Hongkong and other Governments Singapore monopoly packed it. It was voyago for which she was
was going out for the first time un for information leading to the seizure of all quite moist and that showed it had Would you say that they were responsible not built. opium. These notices were posted up in been freshly packed. His experience in for guessing the right amount of ballast various parts of the ship, Messrs. Jar the factory was that in six months opium the first timef dine, Matheson, neting for the Indo- became quite dry.
.00
Far East and had been running ships around the China epast, for a great num. ber of years. Throughout that period it had been their one endeavour to suppress smuggling. At one
stage they were heavily subsidizing the Government hers to 'put special searchers their ships, but this was eventually discontinued as it was found that they were no use. This ship was searched on July 5th, two days before she came into Hongkong, and a similar search took place at every port, these searches being curried out by the ship's officers. The
J.
dock.
L
China S.N. Co., had done everything in In the course of further argument, the Counsel: Yes, absolutely. their power--and had been assisted by Magistrate expressed the view that the
brir officers to prevent smuggling. The Company could not be expected to prove authorities Mr. Jenkin advanced the con- Quoting from large uumber of Chief officer was in charge of the chain more than that its servants were lockers and would say it was impossible implicated. The evidence, that the chain was an implied warranty that the ship. nottention that in every voyage policy there to put the opium in them unless the had not been fully paid out was rather was seaworthy when she sailed and that Jockers were empty. The chains weighed exhaustive. a matter of thirty tons and one link
she was at in all respecte to encounter weighed 37bs. To handle the chains by the presence of the opium proved that the sured was found to use every ordinary Mr. Smith re-iterated his opinion that the ordinary perils of the sea The in- any other means that steam was, im-chain had come come up at Calcutta and available means to make her sufficient for 'possible.
nt Singapore and that it was intended it the voyage. If there was a breach of the "We have to get to the date when that should come up again; not here, but at contract through unseaworthiness then locker could have been empty," said Mr. Shanghai. He could interview the in- the policy was voided. Crew. There is only one period in each former and find out how the opium really long list of interesting cases, some year when the chain lockers are empty got there. And that is during the ship's overhaul in The Magistrate: 1 thought you knew, matter of adequate ballasting, was cited of which referred particularly to the Hongkong, which took place last Janu- probably... ary: The chains were then run out and Mr. Smith: We were told that it was that it was quite clear from these decl- to the Court by Mr. Jenkin in urging the lockers were scraped and painted, the there and that was all work being done by the Dock Company's The Magistrate: It is not satisfactory to have his ship mada seaworthy was Bions that tnc'dity cast upon the assured men and the employés of the Chinese con either to the Company or the Court that absolute and imperative. If he allowed tractor. It is a very important point a mystery should remain which is isolu-his ship to put to sea, unseaworthy, as a that it is impossible to run out the ble to both. I do not feel inclined to close result of an honest error of judgment, whole of the chain without everybody on the case. Perhaps Mr. Smith will be he could not avail himself either against the ship knowing all about it. The able to throw more light on it and the insurance company or the charterer. only thing he could suggest was that the possibly completely clear the Company. opium was put where it was found when Mr. Smith: I will try to get further the ship was in dock. He could suggest several theories why information bad been given to the authorities.
The Magistrate: I would not bother s much about that s about why the „ëpium-waz-put-thëre:~~
information...
put back into port if she finds the wen His Lordship: Is a ship not entitled to ther against her?..
It was mentioned that the log would contain an entry if the anchor chaize had dr. Jenkin replied that ship was been entirely paid out and it could be justified in, avoiding perils but the posi proved that there was no ench entry tion in this case was that the chip came
The Magistrate: I cannot get away from the difficulty that things may hap pon that do not go in the log.
Mr. Smith: Quite so.
back in order that an error of judg- Mr. Crew: I think the most probable
ment in regard to the ballast might be explanation is that those who put it
remedied. %S % 1 the did not know it would not be
Doaling with the question of deviation posible to get it out. They got weary Mr. Crew If my friend persists in coinsel said the only point to be decided of waiting and thought they would take that suggestion I claim the right to call was as to whether the ship was justified their reward from the Government and, all the aflcers on the bost," Main returning. None of the statutory out their losses. It was easy for the The Magistrata: But if anyone has exeuses could possibly arise, he sub- Revenue Officera to come into the box been involved, you wont get him to corde mitted, if there had been initial unsca and say, "We found this and that; how here and admit it.
worthiness. clever we are." The Revenue Officer
The hearing was adjourned until to-day. The case was adjourned until, to-day
storeroom
1931
IN
ALL
CLUBS
JOHNSTONE'S
NAPIER
SQUARE BOTTLE WHISKY.
LANE, CRAWFORD & 60., HONGKONG.
́SOLE AGENTS
LANE,
of
CRAWFORD
Mesare, Der A. Wing & Co.'s shop in
The theft from the
of bookbinding leather Valued at 379, Des Voeux Road Central, of is pieces has been reported by the manager, Mr. Now Fung
A Chinese accountant living at No. 338, Queen's Road Central, has reported to the police that some time between 11 p.m., on July 31st and 3 p.m., on August ist, while he was absent from the house, a locked drawer in his room was opened means of a duplicate key and 2400 in notes stelen. "
POLICE RAIDS.
On
Meadas, execute a search warrant an
Chief Preventive Officer Watt, the third floor of No. 16, Wingkat Street, and seized 340 tels of raw non-Govern rent pium, and 7 inels of prepared opium, concealed in the walls of a safe to which access was obtained by means
of a moveable back.
floor of No. 1, Ngfuk Lane, and seized The same Officer later raided the first
dross, and opium smoking gear. A man n quantity of illicit dross opium, opium and a women were arrested.
Police inspector Watt, and a party of police raided the ground floor of No. 233, Hollywood Road, and arrested $17.45, was taken from the table. The offenders failed to appear before the 12 gamblers. Paikow gambling gear and Magistrate, yesterday, and Mr. Lindsell ordered their bail of $5 each to be fiscated. estreated and the gear and 817.45 con- ! Police Inspector Watt also raided another
house in Hollywood Road. and seized illicit opium and smoking gear. Eight arrests, including a woman believed to be the keeper of the divan, were made.
warrant, on Monday, on
Sergt. Maskell executed -tenrch- Shaukiwan and seized a quantity of a house in
gear. The house was empty at the time. illicit raw opium, and opium preparing of the raid, and no arrest was made.
SPORT.
GOLF.
FAR EASTERN-GOLFERS IN SCOTLAND from the Far East was held at Turn- A most enjoyable" meeting of golfers berry between, June 11th and 18th.
Τ.
A Bogey competition was held on June 15th, for which the following entered Capt. Goode (Manchester Hagt.), J. C. Dyer, W. Mackinsham, Logo, 4 Y J. D. Thomson, A. W. Crockatt, E. V. D. Farr, A. Peel, A. Fleming, Morrison, J. W: C. Bonfar, titchie, Galloway Mackie (Kobe), Shaw, Nixon, Reid, G. G. Towns, Miller, Tester," 1. 1. Young, IL. P. Thursfield, Pollock, Libeand, F. Maitland, M. P. Thomson, and Buchan.
dine, Matheson & Co., Ltd., Japan) and was won by Mr. Calloway (Messie, Jär
The subscription cup (35s. per head)
was presented to him at a dinner, held the same evening, by Mrs. Frank Mait- load. Thirty-four, including six ladies, sat down to the repast.
Cassidy and Rodgers were also present Messrs. Paton Templeton, Murray, at the meeting.
The above information has been receiv ed by the Royal Hongkong Golf Club from their late President, who reporte pasable, and all present thoroughly en- that the weather was splendid, the golf joyed themselves.
RECORD OF RAINFALL, AT THE BOTANIC GARDENS IN JULY.
Inch. 1.44
1.12
Date. 3st July 2nd.
3rd
4th
5th.
7th
01h
10th
11th
12th
13th
141H
15th
16th
17th
18th
19th
20th
22nd "
24th
25tit
28th,
97th:
28th
29th
30th
16.88 inches), ked
& CO.
IN
ALL
HOTELS
PER BOTTLE
$3.75
PER CASE
$44.00
DUTY PAID.
SOLE AGENTS IN SOUTH CHINA. FOR
utler Falmer &&
The Wine Merchany of the East
LANE, CRAWFORD'S
Established 1850
Telephone 1741
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