THE HONGKONG DAILY PRESS, WEDNESDAY, AUGUST 13T, 1924
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THE MISSING $200,0:0, DEFENDANT IN THE ROX. The case in which the International Banking Corporation is suing, the com- pradore of that Bank in Hongkong and his surety for the recovery of $200,000 which was lost from the Bank vault in 1992, was continued yesterday porning before the noting Chief Justice (Mr. H. J., Gompertz).
The Hon Mr. C. G. Alabaster, K.C., appeared for the plaintiff, and Mr. Eldon Potter, R., and Mr. Campbell Prosser, represented the defendants.
A COLLISION IN THE
CANTON RIVER.
ADMIRALTY COURT JUDGMENT.
INDO-CHINA S.N, CO., LTD..
delivered yesterday
WILA
LOSS OF SPEED.
The Tai Song'a speed continues until she is about a mile ahead of the other Vessels Thu, for one reason the
speed, or the other gains. or both those things happened, for at Aitherst Point,
CJ WANTS EVIDENCE. If owa lakh bundles were dropped from Mr. Hodgkins Arms on his way to the vault on what logical reasoning had the compraline been selected as the most SUCCESSFUL CLAIM AGAINST THE situation changes: either one vessel loses likely criminal? In dealing with conclu sions of this salt all possibilities had to the considered, and on all the facts there were others who had greater opportunity to perpetratë frand than the compundere Going further into the suggestion that Hodgkin's keys were stolen and returned after impressions were ridiculous. Keys from such impressions were invariably difficulty to at into such locks as were fitted to sales and generally had to receive a lot of attention before
tion of fraud was so utterly irrelevant to the original claim that it should never have been made. He asked for judgment in favour of the defendants.
Judgment morning by his Lordship, the acting Chief they overhauling the Tai Neag Justice (Mr. H. H. J. Gampertz), sitting is put in by Chptain Kennedy from A table of the speeds of the vessels in Admiralty Jurisdiction, in the cast in which it appears that from to to 10.58 which the Lai Hing SS. Company, Blake Point to Alunerst Point, the owners of the ss 3pory sued the Indo-Za Sing dropped t taken, it was
China Stesat Savigations (p.. Ltd.. evidence is that the lood side was runs owners of the sa. Tai Sang, for damages, Ding two knots, airsing out of a collision which occurryd July 14th, 1924, on the Canton River
knots.
The
Mr. Potter, resuming his argument, tor they could be made to act. The allega. between the steaters Toj Song and the from the engine room of the Tai Sang,
the defence, referred to clause (L) of the compradore's agreement which stated that the compradore would he responrille for stowage and storage: such stowage and storage implying unrestricted right
+1
the strength of defendants' case but he His Lordship said he, fully recognised
porg.
When the case, was 'heard a month ago, Lieut.-Comite.' Conway Hake, R.N.R.; sat with his Lordship as Assessor.
Mr. Eldon Potter, K.C., instructed by Mogers, Deuson, was for "the plaintiff
No explanation whatever is given cf. this loss of speed, and no one is called
It is claimed by Mr. Alabaster that, in this centier between the witnesses, their evidence can be checked by mechanics) meana, and he relies dat this table of spende. Ex. 3. and on a chart, on which Captain Kennedy has plotted off the re- lative positions by the speeds.
of access. The compradore had not unreferred to hear syidence for the de Company, and the Hon. Mr. C. Cxamination that the accuracy of his
restricted right of access to the bank Vault, and this being so the bank vault was necessarily outside the juvisions of the compradore agreement.
fence before coming to a decision.
COMPRADORE'S STORY.
ase
Now this witness admits in cross-
table depends on the accuracy of the times appearing in the legs-that one minute one way or the other would threw out the calculation materially. He states that possibly his bearings were different, In delivering judgment. his Lordship that, if so, the value of Ex. 5 is con- said:-
consid-mbly impaired.
Alabaster. K... instructed by Messrs. Hastings, Dennys And Rowley, was for the defendint
On this question of maritice experience
After Mr. Eldon Fetter had briefly out lised the case for the defener on the lines In evidence it had been admitted that followed in his clain that he had n no act of the compradore could possibly to answer, the compradore of the bank-
The plaintiffs' vessel the Apory and the defendants' ressel the Tai Sang cinema his opinion as follows:➡,
I have consulted my assessor who gives prevent the admission of the bank's the first defendant in the case was called.
He said he kept a record of the engh into collision in the neighbourhood of oficials to the vault They could prevent, received in the compradore department Amhorst Point in the Canton River at his access thereto, as he was in possessign by means of account books kept in Chi- of an outside key ualy..
""
bank's decision to fit new locks.
nese. He received all the cash of the bank, and at the close of every day all receipts were totalled upt payments de- ducted and the balance handed over to the cashier. This had been done all the time witness had been in the bank. The daily balance was entered up in a book.
about 11 a.m. on July 14th, 192. Both vessels were proceeding from Hongkong to Canton.
The case for the purg, on the evidence, is that she left Hongkong at about e a., and followed "the usual course, the line of the left bank of the river. The Tui Sang cast off from her wharf some
The table of speeds (Exhibit No. 5), showing considerable and unaccount- able furtuations in the speed of cach of the "ressais cannot be regarded as accurate based na it is on short dis tances run with "inquent alterationa of course, where a slight error in the time of actually passing a point of and would show a considerable error in the speed."
this conflict, then, I find in favour was passed by the Tui Sang, at 9 a.m. of the Ipues. I do not believe that whe and I definitely accept ber account,' generally, of the position of the vessels up to Amherst Point.
Continuing, Mr. Potter mentioned the Loss of Mr. Benson's keys, and the fitting of new locks to the vault. He remarked that it was surely strange that, if the Bank considered the compradore to be
THE ORAL EVIDENCE.. one of the responsible officials, they hail The cashier checked the amount and sign- time later and followed the Apey, being to da, on the oral evidence. I can only Falling back then, us Twin compelled not informed him of the loss and theed the book, to signify that he had re. about t miles astern at 8 am. She drewed with Mr. Bent and with the pilot, of
say that I was very favourably impress
Then, again, the evidence showed that was correct.
ceived the money and that every thing up level at about the Bogue Forts, ap- the deg They were excellent wit
The cashier then carried proximately at 10 o'clock. Thereafter bosses. I do not feel justified in reject- the money was received every night by the money to the bank vault, accom- the Tai Sang drew ahead slowly but was much prefer the deck log of the prey to Ling their testimony. Incidentally, very the cashier (Mr. Hodgkina) from the panied by one of the compradore depart never more than 3 lengths aheal.
that put forward by the Tai Sang, compradore, and there the responsibility ment. The amount of money which they
At Amherst Paint both vessels ported of the compradore ended. Again, cashier, thought would be required for the slightly to roud the paint. Almost at £100,000 of Pacifi: Mail specie was put following day was kept in a black box. once the Fai Song, which was on tix port into the vault without a word to him,
The compradore had no right to say
how of the Apony, and about 3, léngtths and, again. he had no right to refuse where the money was to go, once it had ahead, came over rapidly to starboard
been handed over to the cashier. One across the Apney, blowing two blasts, and responsibility for the collision, and the However, for the purposes of allotting the admission of anything whatsoever to of the witness's shroff had a key of the then a further blast. of the whistle, and resulting damage. I will proceed on the the vault.
outer door of the vault. As to the loss going full speed astern. The Officer of assumption of the Apney being what I A CAREFULLY WORDED
of the keys (Mr. Hodgkin's, and Mr. Ben- the water on the pory immediately have. in fact, found that she is not, the son's), witness said, he had not been in ordered full speed astern, and hard the Tai Sang by her action, subsequent overtaking ship. Even then I think that Mr. Patter, further contended that formed by the mixnager of such losses aport, and these orders were promptly to the breaking of the chain, must bear care and control," meant sole gare and, He was aware that the duplicate keys obeyed.
the responsibility for the collision.
Take the relative positions of the control, and surely a person to have sole of the bank were kept in a neighbouring - The Tai Sang swung more and more to vessels as given 90 hs. Is there starbard, her engines continuing at full any reason why an overmaking ship right of access. If this was the ordinary
Tai Song was 780 yards from the Left Mr. Prosser: This loss of $200,000 from across the bows of the Apney. Finally bank, with 380 yards clear water to star- meuing of the term, such reading should the vault. Da you know anything about the vessels came into collision, the star board between the vessels. My. Assessor board how of the Fai Sany, striking the advised me that the river is there oper and clear and that a tessil coming down The witness: I know nothing about it port how of the Apory, and almost im stream would be visible gone seven miles a document which deal with such sure. On that evening it was suiklenly anmediately both ships took the ground.
ahend. Assuming a proper took out on ties, as did this agreement. The omia-Munced that two lakhs were missing
the Apty there is no reason why sho should not be at that distance on either sion of the word "joint" before "care Asked if the compradore bad the right The case of the Tai Sang is that she side of the vessel ale was overtaking. and control" was a significant feature to count the cash in the vault, witness sighted the prey before Capsulmoon; Sang is the overtaken ship, it is for Then, on the assumption that the Tai in a very carefully worded document said he did not think so: though the about two miles ahead. The Tei Sing her to keep course and speed, subject Hadjoint" been inserted then the compradore of Chinese bank would drew up and passed the dpory at about naturally to the exigencies of river plaintiffs' contention would be theoretic probably have that right. On the night a.m, and at one time was a mile ahead. ing chain breaks. It is admired that navigation. At this juncture her steer ally correct,
the loss was discovered he did wat gount Subsequently, however, the Apney gained this was an accident which cold not have the cash in the vault
on the Tai Sany coming up on her star-been foreseen, or avoided. But on this board quarter just before Amherst Point, take all reasonable mesures to avoid happening it was for the Tai Sang to
4
DOCUMEŃT.
care and control must, have unrestricted } haak but he had nothing to do with this need astern and throwing her bows should not be where the ¿pncy was? The
apply to the agreement
One could not read qualifications into
arrangement J
itr
THE FUNNY LITTLE BOOK
SHARP CONFLICT.
Mr. Petter then referred to the uintter of custodianship as laid down by the agreement This involved correct stor- In cross-examination by Mr. Alabaster, The Tai Sang ported slightly to round collision; at the same time giving warna- aze, stowage, safe custody, condition, the bank's receipt and payment book was Amherst Point and, while an 2
porting to the other vessel that khus was in weight and value of everything which was produced and the witness was questions helm, a link of her port steering, chain whistle, and stopped and reversed alf dificulties. She blew threes blasts of ber placed in the vault. Clause 1ch of the ed on its contents. Fle sexplained that carried away, and the vessel continued these actions, being duly observed by the agreement enumerated everything that the amounts in the safe and the black her course towards the left bank. The Apocy. The latter vowel went full speed the bank might handle and what the com.box were entered as one item. No separ-engines were put fall speed astern to promptitude.
astern and hard aport with all possible i am advised that this pradore was liable to be entrusted with, ate entry was made at any time of the cant the ship as much as possible, to action by the dyes was reasonable and but the absurd position was now created amount in the black box,
avoid being struck aft, or amidship: like course in the circumstances. proper, and the best and most of ainking him responsible for everything they cared to put in the vault, with or without his consent.
aman~
for the Tai Song was to stop her engines. am advised that the proper coursn and to keep then stopped. She had not time, it is true, to host the appropriate signals, but she could have denoted that
Handing up the book known as "the collision being the considered prac funny little hook, Counsel for plaintiff tically inevitabl. The mancutre adopt-
THE PROPER COURSE. said that this book had an entry con el was the only one open to the Tai Sang me, and I do, not think that the fact Then as the Tai deng, my Assessor tells Mr. Potter went on to show to the verning "cash upstairs which had been and had, in fact, the effect of minimizing is seriously contested, that, in a single. Court that instead of being responsible. put there by a member of the compradore the collision.
Ferew vessel with right hand propellor. for what was in the rauit the compradore, staff."
There is clearly a very sharp conflict put her course to starboard. This ten- the natural result of going datern is to according to the plaintiffs' "allegations, Certain other hook entries were dealt of evidence on the question as to where deney is accentuated, if the vessel is was really made responsible for every with and Mr. Alabaster suggested that the Tai Sung first passed Apoeg. "In light. as we know, the Tai Sang wax An- thing in the Bank,
on the evidence of the book entries, it view of the 'conclusion. I have reached on is to check her forward advance through other and obvious result of going ustern The defence relied on clauses 10(d) and would seem that the comprador's own the case as a whole I am not sure that the water. The natural effect of the 10(a) of the agreement which definitely staff were recognising his responsibility this point is very material. As a trial Tai Jagg's manœuvre was: (1) to bring stated that certain monies were to hand further that he witness was admit Judge, however, in a Court of First In to bring her neross into the Apney's the two vessels closer together; and (2) handed over nightly by the compradore, ting, responsibility.
stance, I consider it my duty to arrive water thus in the circumstances making and further that he should hand over all Witness went on to say it was the prac if possible at a despite finding on this the collision Inevitable. cash balances, etc., when called, upow to tice of all banks for the, vault keys to be point of fact, which may possibly be do so by the Bank. On these grounds kept by separate people it bring a check come material hereafter. Mr. Potter asked for, judgment for the on each other.
Now there is some evidence that the defendant
Mr. Alabaster: I put it to you that it Tai Sang "is the faster ship. Captain she was in difficulties sounding her In conclusion, Mr. Potter dealt with the in done to increase the safety of the Fraser states that she was about half a whistle-if necessary continuously. This allegation of fraud he could call it money and it is not done to increase the knot faster on that day. Again Need-action world, of course, have been ob nothing alsoade by the plaintiff; there
hability ↑
ham says: "She is faster than we are."Grant Ruggests that if he had not gena served by those on the pony. Captain was not a scintilla of evidence to support
Crombie says:1 believe she is faster astern, reither would the piney; but the the assumption of fault, fraud or negli is to say the daily cash balance is put Tai Sang is roughly one knot faster the noticed at once that the Tai Sany had I put it to you that the monies that than us Meikle says: "I think the evidence shows that the Apney was fully gence The law demanded that such into the safe at night for the sume reathe Apher Captain Grants, puts the stopped and then revered her engines alive to the situation, and that it. was charges should be proved to the hilton-Perhaps it may be for that reason, speed of the two ships as much the same. definitely, and conclusively,
but I don't know.
and that the proper orders were given Why, asked Mr. Potter, should the com- I put it to you that, the cashier's re- one regsed to the witnesses and their
Taking this evidence as a whole, baring mediately from the bridge of the pradore be the person selected as the serve that is the money put in the black remeanour, 1 am satisfied that the Tail on the evidence, that had the Tai Saug
A party
an advised, and I am satisfiedt ohjeet of such a charge when he held box-is left down there for the saine Sang, in fact, normally the faster taken the action I have indicated; had only a key of the door of the vault? Why reason-That was done to save trouble behind the Apory at Capruimus she had stopped, she would have taken the bank- ship. Her case is that being two miles she stopped her engines and kept them not blame any of the six other haak of having to count a large nt at the caught her up, and passed her at a higher up the river, thus clearing the, ocials, each of whom held keys of the close of the following day.
Rome 20 minutes above the fishing peg altogether and averting a colli. Vault 1
The case was again adjourned.
..
-;
Witness: I don't know about that
pr
staken
sion.