Page
SUIVAN PIRACY COMMISSION.
CAPT. BIRSA GIVES EVIDENCË.
VIEWS ON MEASURES OF PROTECTION.
THE
PIRACY DEFENCES INEFFECTIVE
Capt Lake: Take the Piracy defences beir disposition, do you think that they were effective?
Witness: No
Could you have improved upon them -; if the grills had been a little dif- Some Interesting evidence was Eferently arranged things would have been sat the 6fth day's sitting of the Sui in
bettor.... Pirnoy Commission yesterday."
Capt. R. A. Birs, master of the vessel, told his story, and was closely examined by Mr. J, R. Wood (Chairman of the Commission) on the Piracy Regula tions, and how they were carried out.
Capt. Biras said he had been in charge of the vessel since 1906. She was built in Shanghai, and in 1916 was brought down to Hongkong for reconstruction. When the Piracy Regulations were made,
harwas asked to serve on the Commission
but was unable to do so.
Did you ever sugge it to the com- rany-No.
Replying to Mr. Shenton, the captain said it was impossible to keep the grille closed with such a large number of pas sengers aboard.
Mr Shenton: The guards have in structions to rush to the bridge immed intely the alarm bell is rung That was what happened in this case, but the guards were stopped où the deck below,
Do you regard the engine room as being under the harge of the Obief. The witness was then questioned as to Engineer - Yos, du be knows the Re- the thoroughness with which the Regula-gulations. He is an old servant and tions were carried out. He said that the ought to know as well as the master. last time the police examined the arms and ammunition was during the strike, although an inspector boarded the ship a month ago and took a sample of ammuni.
ARMS, UNPOPULAR AT SEA. Mr. Shenton: Is this carrying arms by the officers popular or unpopular?
Witness replied that it was very, an
HONGKONG DAILY PRESS, SATURDAY, DECEMBER 9TE,
AMERICAN MARINES" SENT TO PRISON. CONVICTED OF FALSE PRETENCES
AND STEALING.
THE APPEAL COURT MR. NEMAZEE APPEALS AGAINST ARBITRATION AWARD.
In the Appeal art, yesterday, before On charges of obtaining goods by false the Chief Justice (Sir William Res pretences, including a quantity of silk Davies), Mr. Justice Skinner Turner, from a Chinese piece goods dealer in and Mr. Justice HB J. Gomperts, Jervois Street, four gold rings from the hearing was commenced of an appcal Chinese shop-keeper at No. 208, Queen's by Mr. H. M. Z. Nemazce against an Road Central, and of stealing. a ring order made by the Chief Justice for he from another Chinese shop at No. 204, enforcement of an arbitrational award. Queen's Road Central, the four American Lounsel for the appellant was Mr. F. C marines of the U.S. Helens, were yester Jenkin (instructed by Messrs Dencan, day afternoon convicted to various termal Looker, Deacon & Haraton), whilat Mr. Eldon Potter (instructed by Messrs. of imprisonment.
Wilkinson & Grist) appeared on bohalf of the respondents, the Yu Fong Steam- ship. Co
The defendants were 1st Sergeant Joseph Plumidore, Corporal Jahn Joseph Ment gomery, Private Frank Van Ashley, and Private Charles Henry Bytheway,⠀
They put in a plea of not guilty on all charges,
Regarding the allegations of fales pre- repces it was said that the defend. ants entered various shops and pro sented Russian bank notes (principally £5 roubles notes) in payment for goods purchased by them, representing that
Mr. Jenkin explained that the appeal was in respect of an order made by the Chief Justice on August 5th, which gave the respondent leave to enforce the award by the summary process. The circum- stances were that the appellant chartered four ships from the company, and dis- Futes arose which were referred to the arbitration of Mr. Plummer. In January
tion from each of the guards' He per popular, adding that."a man had to be these notes were American currency. As of 1992 an award was made. In April
sonally inspected the ship's arms and ammunition once a week, but the inspeo tion of the guards' weapons, etc., he left to the sergeant. All the guards were ex:Service mén and thoroughly trust worthy.
a Captain Kettle in these days if he was to carry out all the Piracy Regula
tions.
Mr. Shenton: On your way back from Macac did you notice the Chinese lady on
board't
Witness: No.
Asked whether the certificated officers carried ravolvers whilst in the danger Replying to further questions Captain zone, in accordance with the Regulations, Birss said it was up to the compradore Capt. Birss replied that some of his and the purser to keep the grills locked. officers could not fire revolvers,, and were They were both in charge of large afraid to carry them; "I thank God,"
amounts of money, he said that I had none, otherwise I should not be here today." No regular search of the passengers was made a
Мисао
THE CAPTAIN'S STORY. The Captain went on to say that on November 19th, just before the boat got into Macao Harbour, he saw a Chinese lady and gentleman sitting on the deck He chatted with them for a while, and the man said they had been to Canton, and added that he was born in Cali forain. Witness asked him if his wife spoke English and received an affirmative reply. He did not ace them again, but be understood they came back with the ship from Macao and landed with the pirates.
to the theft of the ring, ope of the four application to enforce was made, and defendants was alleged to have extracted on August 5th the order was granted for $43,000. The object of the application the ring from its stand, but covered up his tracks by bargaining for a quantity which was made against the order of enforcement, was to get the right from of jewellery whch he had selected.
At yesterday's hearing interesting evi. Mr. Nemazeo to set up a cross demand dence was taken of the finding of some for the sum of 823,300, which sum ind: Counsel went on to explain that Mr. Russian bank notes, in one of the prison. already been paid. cr's cells. Giving evidence on this point Chief Warder J. C.. West of the Victoria Nemuzee alleged an overpayment and Gaol said that on the previous morning there was a cross demand which made a it was reported to him by the Indian total of $125,000. He claimed that the Assistant Warder that a Chinese prisoner in cleaning out the cell where the pri- summary process of the Court should not soners were detained had found six pieces run against him. The cross claim was of rouble actes. These pieces were hand more than the award by about $73,000. It ed to him and, ou piecing them together he found them to be one 23 rouble note was his contention, also, when it happen- and the greater part of a one-hundred ed, that on an application for summary Mr. F G Yaux (representing the rouble note and a piece of another one-enforcement of the award (under Section Imperial Merchant Service Guild): In Fundred rouble note, the case of piracy, the officers and A Chinees prisoner gare ovidence of 12), respondent had-what appeared to be finding the torn bank notes in a tin) a bona fide cross claim, then the summary containing water, which was placed in process should be refused, and the appli- the cell.
In reply to Mr. H. K. Hang (who re- presented the compradore) the captain said he had once found occasion, to speak to the purser as to muse of the grills. He had not had occasion to speak to the compradora,
guards are to make for the bridge; the indian guards, I believe, were instructed in that, but were down, below and could do get up the companion way Now, it has been said that these guards had not the full amount of ammunition; have you any remarks to make about that?
The first defendant told his Worship that prior to being sent to the cells for detention they were searched twice in the admittance-room and nothing was found on them. He asked for the warder, who made the search, to be called,
||
The Magistrate: It is admitted that you were searched twice in the gaol, and that the search was even more rigorous than that carried out by the police.I have got that on my notes,
The store of visit to talk store No. 2, Possession Strook was next told to the Magistrate. The accountant of the store said that when the Marines entered
cant left to his own remedy for action, notwithstanding the fact that the cross demand was never before the Arbitrator; and notwithstanding, also, that it arons subsequent to the making of the award Further, if the right to proceed sum- marily was. 'doubtful, then again" the applicant would be left to his remedy by
ection.
Witness said that the Indisa guarde would; sometimes discharge rifles by At about 6.35 p.m. that day he left the accident and be considered this to be dangerous to the passengers. It had idge and weat on deck with two happened on several occasions, Shanghai friends of his to see the sunset.
Mr. Vaut: Do you think if the full At about five or ten minutes to six he amount of ammunition had been issued is heard shouts. below. This was not un-uld have prevented the piracy? asual as there was always fighting and. squabbling going on down there. He went Captain, Birss replied that if the
Counsel further said he would endea guards had been shot it would have meant down to investigate and had only gone a large quantity of ammunition falling
our to establish that the practice before a few paces when he heard a cry of into the hands of the pirates. All the
the Arbitrators was in accordance withi "Pirates." He rushed towards the ammunition was handy in his cabin and the stars were accompanied by this process, and that the Arbitration Acte Bidge, and noticed one or two pirates on could be obtained at B moment's poor-looking Chine, who acted as inter had not altered this practice, but had
preter for them. Their interpreter ask the starboard side of the deck. He had notice. jus time to say to his guards "Follow Mr. Vaux asked further questions reed for some silk to be shown to the merely cheapened and expedited the pro- me!" when he was shot in the shoulder garding the statement made by the Marines, who, after examining it, said ceedure, leaving the practice itself un
sergeant of the guard, that Capt. Biras they would take 18 yards. The third changed. changed the police orders.
defendant then tendered a nota bearing Wines denied this and said the only the number 95. The accountant refused reason he could suggest for its being to take the money and suggested they made was that he had reprimanded the should change it as a money changer's Euards for searching for opium. and come back. They trooped out of the
shop, but never returned.
and "bowe, over."
There were two guards standing in the centre of the bridge and they rang the alarm bell.
Replying to the Chairman, Capt. Birss said: "I was hos from behind like a
rabbit and fell under No. 2 boat. I had
Witness: Well, I had not any time, but I had reason to believe that he knew the Regulations.
Mr. Yeux: Your first officer was only not been down very long when one of with you for three days; did you at any the pirates rushed up to me" to see time give him instructions7 whether-1- had any arms. I was left there until later that night when one fellow came along and looked into my ce. Another man came and hit me on the head with the butt of his revolver. I was helpless, and the same man came along later and did the same thing."
SKIPPER PLEADS FOR LIFE The captain went on to say that he saw six of the pirates in consultation, They eventually came up to him with the intention of throwing him overboard Be pleaded with them, and said he had never done them any harm so why should they kill him; and then they carried him. into a cabin.
EXPERIENCES OF THE QUARTER
Mr. Jenkin proceeded to explain hi legal points, and the case is still in pro- gress...
CATHOLIC MEN'S CLUB. HOME-GUING SERVICE MEMBERS ENTERTAINED.
The story of the theft of the ring was next told by a member of the staff of the Wah Tau jeweller's shop, No. 204, Queen's Road Central. The four defend ants entered the shop and asked to be shown soms rings. A plaque containing A number of rings was banded to them.
An enjoyable smoking concert was held MASTER AND COMPRADORE. Evidence was next given by the Chief It was noticed that a ring (produced in Quartermaster of the Said, who said Court) had been taken from the plaque on Thursday night at the above Club, for that he deceived the pirates by tolling The third defondant afterwards selected the purpose of entertaining Service mem- then that he was a passenger. They two pairs of bangles and two rings and bers who are proceeding to UK. per asked him if he could steer but they did for these he offered $52. This price was HMS. Findictive. Father Purcell was not press him when he told them that he agreed to and the defendant produced a was just an ordinary passenger. He number of notes, including one or two in the hair and those present witnesæd Hongkong dollar bills. The other noter turns by amateur talent which proved to was not dressed in uniform at the time
The Compradors said that when the bore the number 23. He refused to accept be of a very high standard.
Father Purcell wished every one going piracy began he was proceeding from the the notes and the defendant put them He understood that a lot of the pirates third class to the second class, collecting back into his pocket and left the shop. were travelling first class though he was farce. The first shot appeared to come Directly he had gone he noticed that a bere a safe voyage, and a happy loave unable to say so from his own, know- from the direction of the compiadore's, gold ring was missing. He failed to find on their arrival in the old country. ledge,
office. Shooting began immediately, and it and about a quarter-of-an hour later he
Mr. Bayley, an old friend of the Chib, The slip's officers might have put up a he lay down on the deck for safely. He heard that four Americans had been who is shortly leaving the Service, thank-
Ho then went to the Police fight but it would have been hopeless. avoided going to the compradore's room, arrested, de a report. A ring was ed the Club and its officials for.. The guards did all they could, but they and later managed to creep unobserved Station and were greatly out-numbered.
into the steward's rocin where he re- found on the second defendant, which he Commander Bockwith: Have you ever mained for the night. He did not seened as the one taken from his shop
After further ovidence had been taken Waid down say stations for the officers and any woman pirates, nor could he say if
Kdy of the pirates travelled as first-class the Magistrate found the case proved, orew in the event of trouble i
Witness: Well, yes, for the guards passengers
The contributors to the concert were: only. I had arranged that they should The Portuguese tallyman said beatud entered the defendants to the fol concentrate on the bridge, where they a woman dressed in a blue jacket in the lowing terms of imprisonment:-Pluma could get behind the dodgers and it would sccoda class compartment at Macho, just dore, three months; Montgomery, nine Father Purcell, Messrs Haigh, Jenkin have been possible to fire the rocketa
Fane, Fisher, Prior, Thompson, Baptista, before the boat left the wharf eide. When weeks, Ashley, nine weeks; and Bytheon, Aquino, Coupe, Cawy, Pendergrase, Commander Beckwith: Would rockets the pirates broke out he her jumping way, 14 day
Bosario, Bayley Mortonald End Archer. have been any goodi
up tha fritg at in Indian, who return- éd her fire le appeared to be "abost seventeen years of age, and was "dressed in Chinese style,
Witzem (doubtfully): They might have been seen from Moeno.
THE PROBLEM OF RESISTANCE.
Replying to the Chairman, witness said Asked by the Hon Mr. C. Mcl. Messer he did not notice the colour of her stock what was the best way to resist pirates, ings. DAN Captain Piria said, he had thought it The Chairman: Was the woman pver many times, but it was a very wounded I saw the Indian firing at difficult problem. Somer said "Put your hands up, others said
Was-wounded or not Put up a hot, but whether "If," Capt. Birsa added, You I cannot say put up a ght they will probably burn The Chairman: Did you see a second the ship and a lot of innocent lives would woman robber 1
BUILDING CONTRACTOR
"FINED. CARELESS BLASTING OPERATIONS,
Cheir
hospitality. He remarked on the demo cratic lines on which the Club wae run, and the spirit of good fellowship, which always prevailed.
A German diplomat, who 20yedra Ego beld a high position; in the German Em- bassy in Tokyo, writes, says the Japan Chronicle, contrasting the position on the Sang Lee, the well-known Chinese Continent of Europe with that in Eng building contractor, was summoned before land He says I am sure you would the Magistrate yeterday for failing to be amply Horrified by the condition of exhibit the necessary warning, and not unrest and dissatisfaction prevailing sounding & gong during blasting opera- everywhere from East to West, North to South. The statesmanship which ampmed tiong at 8 pm, on the 3rd inst
to create a new order, to found new coun tries, to divide territorier, has failed com Pletely. Nor is it to be wondered at if respect for tradtions has had very little one ouders that political wisdom For to do with those proceedings. He adds: have been lately in England on a fitat
be lost. If the are alarm is soundedWitness To Inspector Kent informed the Court that the pirates can take the bridge and take Replying to a question by Mr Bhenton at that hour he wie Walang along auth the ship without bring a shot as to whether or not he opened, the grill
"It 'whe explained that on the sound of or the day in question, as it was alleged Dear the University Recreation Ground the fire alarm, the grills would be thrown he reported to Mr. Arnold on the return when the explosions took place without open, allowing the third-class passengers of the Sui An, the tallyman said- be did warning. Fragments of
to overrun the decks.
Hon Mr. Messer: Do you think the Piracy! Regulations are any good
Witness Well a little, but nothing to depend upon, I had little chance even
six"guards.
not actually, open the grill but he opened barled on to the path. Had he been an the shutter a kind of battery batch) in other 20 years further on he would probs the grill, and through this ha pased ably have been hit by some of the pieces Be did not open the grill himself of, rock, As it was, be obtained shelter
The Commission resumes on Monday behind a screen of trees
His Worship imposed a line of $100, afternoon.
visit to my relations since the end of the fect order, owing to a large erlent to the War There I found everything in pes self-discipline of the people."
BY SPECIAL
NEW STOCKS
JUST RECEIVED.
APPOINTMENT
TO H.M. THE KING.
NEW STOCKS
JUST RECEIVED.
WELL DRESSED IMEN THE WORLD OVER FOLLOW LONDON FASHIONS
LONDON FASHIONS IN HEADWEAR HAVE FOR OVER A CREATED BY CENTURY BEEN
MEN'S
LINCOLN BENNETT AND CO., LTD.
SOLE AGENTS FOR HONGKONG
LANE, CRAWFORD, LTD.
CAFE WISEMAN'S
CHRISTMAS SPECIALITIES.
XMAS CAKES
Rich cake, made from choicest ingredients; artistically piped and decor finished on silvered board. Any insonption written on top.
From $2.00 szol
NEW
ZWEIMAL
COLUMBIA
DANCE
FATE, ORAWFORD,
RECORDS
FOR DECEMBER
AT
ANDERSON'S,
Powell-
TELEPHONE C. 3148.
and 9, PEDDER STREET (under the Hongkong Hotel).
TAILORS AND OUTFITTERS
HAVE A LARGE ASSORTMENT OF ập lis SWEATERS, SCARVES AND GLOVES
FOR ALL OCCASIONS. OVERCOATS
"TIOMESPUNE.
CAMELHAIR FLEECE AND SCOTCH HO
JAEGER
DRESSING GOWNS, TRAVELLING BUGE, WAISTCOATS, **
UNDERWEAR
PURE WOOL THITA”-VIYELLA