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Fand are open at the following places :—"}
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By Order,
INTERESTING SHIPPING CASE
AT SHANGHAI. BRITISH CAPTAIN SUES VORMER EMPLOYERS
Mr Rodger: That is the point I de sire," At this stage, counsel for plaintif referred to the loss of the 3 gue throught, verloading, and to the comident of the Naval Curt of Enqairy, Captain Mor „_row_refused__ta_express a view on the sub-
jrge, adding * That was'n. British ship In the International Mixed Part last | Witness informed the bench that he would week, before Mr. Whitimere, the British not allow a ship't leave port ousetową. Assessor, and Magistrate LA, the hearing, expreially to proceed against a NB. was resumed of a ense wherein Captain J. Roberts sued Ong Ching Zai; owner of the 5. Set Nonude for wrongful dismissal and lass of salary
:
miguezon,
F! WIG }
Statements were made at this juncture by Me. Whitamore regarding when and how far official corrosquadence could be Esitas evidence. The Assessor quoted the tas of a letter from a Chinese Admiral which had been produced as midence.
LETTERS IN KYIDESTE Counsel for deferslant here, desired to proudnes a tester in court which re to plaintiff's physical state when he had; interviewed the Harbour Master at Hong- Plaintiff is suing for the sum of king, Me. Rodger objected to outside lube | $1,58,31 ush amount alleged to be due! Wars bring brought to enrt. as they un- consciously influenced the court, and even through the breaking of an agreement the counsel bims. Such letters were not between plaintiff gud the sail éware of accessary, said counsel, as they already had the S Samtal, insomuch that plain-ticient and direct evidence from the tiff on December of last year, signed articles muru parties in the case. The detar, of agreement as first Mate on the said passed up for the Court's inspection, steanier for a voyage (pora Bangkok, Siam, to Shanghai, Halping and Nanking, and return. Plaintiff alleges that delen dant's agent agred to pay him the For. eign Stegarship Officers Guild wages, to wit: Bernat per manith during the period of all agreement, but thas defen dant's agent at Hongkong bad wrongfully and without cause put plain:iff off the maid ship. Plaini further states that upon his refusing to leave, the agent causes the police to put the plaintiff off: the ship against hill and consent. By reason of this wrongful ect of the deteis, dant's agent, the plaintiff was obliged to and did spend various eams in fares and living unil her expens. He alleges that ham still remains on the said articles of agreement, and that wages are now due nowinglingtiff from the deferant, to the art Wated. Plaintiff asked for judgem for $1.38., for costs of this Suit and for such auf other relief as the Court may think just
The defense was a complete, dental to this plaintiff's plain,
Mr. Rodger informed the Assessor that the letter in question had been sent by Admiral Tu to the Americas Consul General, anst had heon accepted as done. Mr. Whilantore sail that any let. fer from a Chinese official exant be off! cial atless such official had first "Rasen, re
quizest, d, the Central taverament whe Ind been refognized by the American Gus- trunout, There are many Admirals in him," added the Assessor, who halt no official rank from the Chinese Government; as it is constituted in intr eyes, and so they anot hold an official rank in our courts. Tiereture devamente from such ennnot be
gnized as being offe th. The Assessor ruled that as the furport of the letter from i the Harbour Master at Hongkong had already been given in etidenes in the court, - it was therefore not really essential.
PLAINTIFF'S BY DESCE
Captain Morrus. Marine Surveyor, stated that I was engiget by the deton- Cajitain J., Roberts, the plaintiff, was dant to go to Bangkok to survey tan ships, then put into the box to give his evidenter. Lelegraphit him report, and the ships; He stated that he was a British Master were bought. He fitted thein and arranged Mariner, and had been a member of the for permission to sail under the Siamese Straits Service Merchants' Guild from flug from Bangkok to Shanghai. He shich he had been invented. through! originally engaged Mr. Boberts as Hecond, having been cubgruod DBeer on the Png Samad. Later he pres, raised by others in the action of the sand in the objection moted the plaintiff to Chief Officer of the Guild endeavoring to procure for the Sa Sawad When the Hongkong building of a new Cuild Room, the first Hotel Captain Hausen, the Master of the mouth increase in wages which had been Sai Somad cup up to withes, and asked allowed and passed for hy & Governent hinh tri di chug III. Robert,
Commission in 1919. Plubuiff had refused to allocate his intrease in salary for this i purpose, as the proposal bad been distaste- ful to him as well as to many others. His own increase hat amounted to 807 as a Chief Officer. As a result of this action friction had negurred between him and certain members of the Gafki. Fere. fused to resign, and as a result of his and the others' action, the Guild Room was not prounded with. In reply to Major Holcomb, with a ke had ever tried to join the China Coast Off-
PAYING OFF PLAINTIFY,
Captain Hansen, proceeded witness, requested me to pay Mr. Roberts off. I explained to plaintiff. after hearing Cap tain Hansen' report, that I desired to pay him off at Hongkong, on account of the trouble as had incurred on board the vessel, Mr. Roberts refused to accede to my request to leave the vessel. He was saber at the time I told him he would have leage, and he was good enough to tell me how much it would east me if I put him off at Hongkong. I then interviewers' Guild, as it was no nee to him. Sir Paul Chater, Stamps Consul at Fong The last time he had been in Shangha
He certainly had been kong. On my way met, Roberts, who was in 1905.
times.
MEDICAL EVIDENCK.
said he had seen the Consul and agai wig in this port since that dat, but ho threateng with all sorts of trouble, had never art foot ashers during tho with the Hongkong authorities, 1 thes had to interview the Harbour Master ab Hongkong, and he informed me that as the "ship was sailing under the Siamo
as he could do nothing without author. ity from Sir Paul Chater. Faguin saw The Consul who realized my trouble, and be promised to give me the authority, asked for. Sir Paul Chater had informed Fim during this interview that when Mr. Roberts had seen the Consul he was drunk."
THE SHIP'S MARES.
5
Mr. Rodger, for plaintiff, produced, n medical certificate showing that the piala- tiff had been in hospital for bronchitis, and not for drunkenness as, said counsel, had bear alleged. Regarding this allega, tion, the log book of the Nri Samud was shows in Court to testify that no entry had been made therviu by the Captain. of the vessel, relatives to an assertion that the Chief Officer had ever been drunk while on the ship.
Mr. Rodger, for plaintiff, objected to auch statements being given as evidence.
MORE" ABOUT LOADING, Mr. Whitamore concurred, and warning
Plaintiff stated that the trouble first witness that such conversation could not; he given as evidence, struck out the last dress through his going to the Captain part of the witness evidence. With of the ship, and complaining that the explained that it was his first time in vessel was being over-loaded, At that any emitt..and he did hot know what did time he was down 19.7 mean draft, which er did not constitute proper evidence. was 3 inches of overloading. The marks j were sübmerged on that occasion. This Continuing witnes said the Harbour, Master told him that Mr. Roberts had mean draft was accordingly entered in mule a complaint regarding the landing the jug by the Captain. It was this Cheques should be made out to the Order off the ship, and that the ship was below objection the part of the plaintiff to the Japanese Earthquake Disaster Hongkong marks.
the merloading of the ship, that led to Relief Enad.
his subsequent dismissal. Plaintiff also alleged that the vesdef at the time men. Replying, to "Major Holcomb, for the total had a hole in her bottom, and that plaintiff, witness said he then went on she was not safe to travel in that con- board the ship, and found marks were dition, especially when she was overload- well above water, and then when the boated with a cargo of cement to an extent had been already bunkered. The Harbour of 6 inches. That was the only troubir Master then sent an official to report on he had with the Captain of the vessel. this matter, and he found everything in He had never been signed off, and hal order. Even had the ship heen belay never seen the articles since siguing them her mark, it was a Siamese vessel and the Bangkok." Hongkong Authorities could not interfire" with her," added" witums, Captain Beck with, the Harbour Master at Hongkong, would not allow witness to pay Mr, Roberts off at the park. The money for plaintiff was handed to the master of the Sri Sumud. In reply to Major Holcomb witzis said he hid held the rank of Tint-Commander, in the, B.N.R. during
D. E. BLAIR,
Secretary, BONCTONG RELIES COMMITTER. Hongkong, 10th September, 1993. [1297
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In reply to Major Holcomb regarding the "measurements of the Sri Sumud, as shown out the chart, produced in Court, witness ghid that a survey at Bangkok did not hold good for a Hongkong pas genger licence.
After hearing argument between both counsel and witness, Mr. Whitmore de- vided that a special hearing of certain points of the case was necessary, and farther adjourned the case.
I
Mr. Bolger, crowwexamining If nay: thing unusual happens on board ship, such as a case of girinkuss or the like, is i entered in the log book?-Witness: "Thore was no official log book on the ship." BfHONGKONG SHARE MARKET Rodger: Any other log Witness: cannot say andered two lug bonks for cach ship. I do not know what happen- rd to them. Mr. Reiger Is it not the duty of the Chief Officer of the Captain to keep the log 7--Witness: " In some companies the master of the ship is sup posed to sign the log, but that is only on A British ship, and not un- Chinese boat,"
THE QUESTION OF LOADING.
Much argument" „arum! "regarding the question of loling" & ship, and witnow beenane rather angry.
Mr. Rodger: Is it true that a chief oficar is in charge of londog1"
Witness: If he knows his duty! Hệ
is suppol to look after tlust."
Mr. Rodger: "Exactly. Now answer me a fuir question, Captain, Buppose too much cargo was going aboard, would it not be thở duty of the chief officer to: "Inform the captain of this fact?"!
Wilin: "It is the duty of all on board ship to gen that the boat isn't over, londeed."
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