Page
SHIPMASTER'S CLAIM.
CHINA NAVIGATION CO. "SUED. COMPANY OFFICIALS GIVE EVIDENCE.
་་--
In the eas in which Capt. Robert Kettlewell, Irmerly in the employ of the China Navigation" Company is suing that Company in respect of alleged wrongful dismissal, which wan continued yesterday is the Supreme Court be. fore the Chief Justice (Sir Henry Gollan) Mr. Potter bought his opening adderim tu an end in the morning, and called upon several official of the Company to give evidence.
Mr. P. C. Jrukin, with Mr.“ Elsley Zeitlyn, appared for the plaintiff, while the Company was represented by Mr. Eldon Potter K. C.
Br. Potter argued at some length of
Lan measure of damages to which pixintiff was entitled, and quited legal zuthorities in support of his ouritentions. He argued that plaintiff was only en titled to recover damages for the loss be had suffered through the Company it giving him three months notice. Capt. Kettlewell had claimed for loss of benefits that he might have secured "had he remained in the service of the China Navigation Ca, but whether he got thres; months' or a a months notier made nó differene here at all
course,
From the very beginning the Company had offered patif $150 on account of disability persion, and this had been paid into
into Court. Lordship came to the conclusion that Drs. Morrison and Haraton were right. plaintiff could take this, though strictly *peaking, because he had fought this case on the grounds that he was not disabled. he was not entitled to it, but if plaintiff suererded in proving that these doctors were wrong, then of course be would lose
It
Mr. Jenkin: I can assure you that fis would prefer to lose it.
Mr. Potter: can quite believe that Mr. Potter then called evidence
Mr.
F. W. James, Engineer Superin
tendent, was the first to be called and
|
THE HONGKONG DAILY PRESS,- SATURDAY,
Then what was the object al, making the arrangement(-To see if he could, puss the test.
For what purpose -To we if he con- Armed the doubtful part of Dr. Morri MOM'S WAT❘nation.
ALLEGED BRIBERY,"
SEQUEL TO OPIUM FIND.
Before Mr. J. R. Wood at the Central
If he had passed, he would have gone Magistracy yesterday afternoon, a Chin on the T-1 should probably Baveese coolia appeared on
him to Dr. Haraton.
Do you mean to say that you had
A charge of bribers is being alleged that he had
MARCH 147, 1925
TOURISTS BECALMED!
And
MISHAP TO: 5:§. `** HONAM”. ONS
VOYAGE FROM HONGKONG.
ANXIETY FOR "CALIFORNIANS,"
When the Hongkong, Canton Hartson all along 7-Yes. in your mind to send him to Dr.offered $50 to police officers as a bribe Macao Stramboat Ca's 3.& Houam, to let him go, when he was arrested on a carrying some 188 passengers (who cour Mr. Jenkins-Rally! His Lardship:-Would you have retaels of opium on him.
trum-cer on Wednesday evening with 30 prise part of the large company that are quired further examination |--Pro- muty. I should have gone to the defendant appeared before Mr. Wood, Cunard Anchor liner, the 85. ('ulifornia) The previous day (Thursday), the making the round-the-world tour on the manager,
Me denking-As a matter of routine charged with being in unlawful posses Yes, in a doubtful cas
sion of 30 mels of raw opium, valued Would there have been a doubt had he at $100, for which oftence he was fined passed the tent Yes, because he could$1,000, or six months imprisonment in hot pass the Company's doctor,
default.
#
His Lordship: Which doctor?-Dr. Harston and Dr. Morrison.
from Canton, failed to gut in an appear- ance at Hongkong yesterday morning some hours after' her scheduled time for in cunpection with the subsequent arrival, speculation was rite as to what charge of bribery brought against him had enused her unaccountable delay in yesterday, Sergt. Dungey said he vas on Special picket duty in Queen's Road reaching this port. Many were the con- His Lordship: You must try to Central on Wednesday morning. At 2.13 farstone in these farget that Dr. Mr. Boken:-Would not the Board of Trade text have satisfied your doubt ?-1
Mr. Jenkins-fe have not come to Dr. Hartson yet.
am afraid not.
Then it was a waste of time Sending him?-1 inn't know.
Harston would never, have arisen but 1 put it to you the question of Dr. for the fact that Kettlwell failed to
pass the test No.
JUDGE REBUKES WITNESS His Lordship: Why was by seat to Dr. Harston Heesuse he failed to pass the Board of Trade test.
p.m. he boarded a tram-car, going in the jeesures as to her whereabouts and what direction of East Point, accompanied by had happened to her. At first it was Chinem detective and an ludian con- thought that she had become one more stable, for the purpose of searching the addition to the list of vessels that have passengers. "The detective went upstairs been subjected to piracy on the high seas; and witurss heard him tell one of the passenger refused and witness and the passengers to put up his hunds. The while again the suggestion was advanced indian constable went upstairs and held that the Honor bad gone aground in a the man while the detective searched him, fog, or had met with some other disaster. The detective found a quantity of opium Fortunately, however, tird around the defendant in a blue fears materialised and there was much of these sash." In Arsenal Street they all got of the car and proceeded to the Central relief when the news came through late Pulice Station in a private motor car, in the forenoon that the steamer hut On the way there, the defendant offered only suffered a breakdowa in her
would let him go. Defendant then hand.
His Lordship: le is perfretty clear
1 think, Mr. Jenkin. HOW
Witness: of Dr. Morrison.
itis Lordship:You are fencing with the Court,
I am not at all satisärd wit the way you are giving your evidence, You state quite early one thing anded him to go. the mediately afterwards" drag in something else. You are berr truth in this case; you are not here, to act as arbiter,
node
And because of the doubt give them 50 to drink tea if Ay engines, and that apart from being dis ed $20 to the Indian constable, who abled and unable to reach the barbour, passed it to witms, and mid he would she was in no distress, give them the other $30 when they allow-
The excursionists left for Canton on Carroborative evidener was given by Thursday morning by the Lung Shan, constable. the Chinese detective and the Indian)
tal. 1
3r. Jenkin put it to you that the only reason plaintiff was sent to r.
Hartson was because he failed to рада the Hoard of Trude test - Yes.
And that the decision to send him there rested entirely with Mr. Young, and the
had nothing to do with it at all?
Y
very, B000 after the California had ever happened in this case, the penalty
Str. Wood sold defendant that what-moored at her buoy and were to have indicted the previous day for being in returned by the Honam later in the day. possession of the opluci would stand. In the ordinary course of events the Defendant make a statement from Honum would have left Canton for the dock, suid he was a boarding-house
runner and that it was part of his Hongkong at 5 p.m. but in order to duties to meet passengers on the steamers. allow the trippers another hour of sight- Someone else gave him the opium to carry
d that leav on pay was only-granted plaintiff's service with the Company he did to a certain pluce and he was paid going in the City, the departure was
years' service
on the expiration of Eve and then it was only given on the 110-
Mr. Jenkh During the five years of continuous bridge duty--les.
for his trouble. He asked for leniency delayed for an hour. Usually the Honam derstanding that the officer was returning be in at fast throw of the Company's him or allowed him out on bail, he would the anti-piracy convoy guard from Can- Mr. Jankin: During that time he had and a light sentence. If the court fined is one of three ships that proceed under to the service of the Company. There ships-ex
find the other rusa and point him out to
was only one, an exceptional case, where Sr. Potter: Mr. Kettlewell complain-the police.
reason
Mr. Potter:
you told him he was to undergo the On the Saturday when examination did he make any protest ?— No.
I
יד.
EARNSHAW ENQUIRY.
Mr. Potter: fit tells us that he did!- RE-OPENING MAY BE NECESSARY. My belief is that he made no protest.
Mr. Potter: Following the examina
ton, the two other vessels being the Kwongtung and the Tung Or. These two steamers left Canton, to schedule time under .convoy, but as stated, the Honam remained behind for another
was in consequence of the fact that she hour, leaving Cantón about @ pm It
a man who was not returning was granted on the Monday when he returned from ed lease pay, and this officer's pension the Board of Trade test that his eyes trial at the April Criminal Sessions,
His Worship committed defendant for dated from the time leave pay ceased. were suffering from drops-Yes..
Mr. Jenkin bere formally objected to the evidence, Mating that the rule of the Company was not evidence in the case of a specific contract.
Continuing Mr. James said that there was a case of an engineer where the Company's rule was departed from. The
was a exceptional on and be tion by Dr. Morrison, die you have at. E. W. Hamilton stated that one of had been pirated first arose, and natur At the Kowloon Magistracy yesterday, was not convoyed that fears that she objected to giving it in open Court, luz conversation with the doctor i I think plaintiff was provided with a written Dr. Morrison spoke to me about the mat the jurors engaged in the inquiry into the
Mr. Jenkin,- put it to you that the man..
ter. Of course he did not condemn the death of Mr. H. Enrestiaw is due to leave rally some anxiety was felt for her safety
the Colony on the 25th March. In this until the true facts of the case officers
have
#outly maintained 2!! Mr. Jenkin through that they are entitled to leave
I must object. my Lord. case if it were necessary to swear in minde known. In the ordinary course of Ms. Potter:
Was there a conversa another juryman, the enquiry might have events, the Hondm should have arrived pay irrespective of their intention to tion with Dr. Morrison before. Mr. return to the Company's service?
to be re-opened. Kettlewell underwent the Board of don't know what the officers' view is. Trade examination. It is such a long! We have never departed from our rule, while ago I
I cannot recollect. Has the vier of anybody represent- tive of the officers ever come to your at tention
cation Not to my personal attention.
Indirectly
then understand by
reason.
Mr. Potter: You sent Mr. Kettlewell to the Harbour Office for the Board of Trade examination. Assuming that Mr. Kettlewell had brought back a perfectly
into considera
were
Abbott should not return to the Colony rate in the early hours of the morning, It is also anticipated that if Mr. H. Wat Hongkong about midnight, or at any in time the enquiry will be re-opened in and when at breakfast time there was no his absence.
I put it to you that if a good, fit com-
hearsay that they look upon it as a right. Kot result, and tak from Dr. Morri-petent man serves his five years, the Com
Vid
you have charge of the Lewis
And did not the representative of the Guild strongly press that the officers considered it a right? Yes.
And said & in letters addressed to Jour-Yes.
Mr. Jenkiu: That is more
than
Dearsay is it not f !
CAPT. INNES CALLED.
im
tion what you had
his Captaincy 1-I would have sent the aim of his benefits-We have no right son, would you have recommended him for pany would never dream of depriving matter to the
1303275.
to do that under the contract. Mr. Jenkin: The witness raid that the other way round this
His Lordship;
morting That is where the trouble is
Mir
Potter:
TE managers would have
decided what further action should taken? Yes.
it.
Did you know that at the examination
definite news as to her whereabouts, there was very naturally some excitemen
SEARCH 17STITUTED.
H.M.S. Muth
was ascertained that something must have During yesterday morning, when it
You told Mr. Fatter that when this happened, help of the naval and police matter to London. question cropped up you reported the authorities was sought.
Did you do that went up the river to search for the miss personally signed the letter.
Do you take the responsibility for the ing steamer and police launches also set letter -Certainly,
out with the objecting of ascertaining Capt. Innes was next called, and re- lated the history of the dye examination Dr. Harston, in which the latter stated had had certain drops inserted into his word was received in the Colony that the Mr. Potter then read the evidence of conducted by Dr. Morrison, Kettlewell how who was situated. Towards noon, on plaintiff as he knew it. It was possible he said for the Company to em
that if were employing a ship carry eyes which he claimed affected him when fionam was lying disabled on Taisban. play a man whose eyes were in the cucing builion he would certainly not em- he went to the Board of Trade examina-
reported by the Doctors
Thay Boy Capt. Kettlewell if he could get an- tion, and made it practically impossible It appears that she developed, engine could not be expected to employ a man
The other officer, and that he took the view for him to pass it-I had heard about trouble about 25 miles from Hongkong with one good eye and one defective eye increase rather than diminish.
that the defect in plaintiff's eyes would Home leave, he said, in reply to a ques
"Don't you think that in a matter of about it o'clock on Thursday night, and tion by Mr. Petter, was granted only to
such vital importance to this man, as unable to proceed any further," safely othcers who intended remaining in the
MR. G. 31. YOUNG'S EVIDENCE.
nis dismissal from your servico, thai a service of the Company.
the medical facts ought to have gone be anchored off Castle Peak. A B. & S. Potter-In the case of u
Mr. . M. Young. Manager of Messrs. 1ore anyone in the position of aruiter vessel sighted her early yesterday morn Mr. L'ot serving more than five years and not con-China Navigation Co., was
Butterfeld and Swire, the agents for the "considered we had to take the best ing and on reaching Hongkong reported
next uing or intending to continue in the witness, and said that prior to 1914 th possible advice on the matter and Bell her whereabouts. Arrangements were Company's employ, could he get home Trave-No.
Was no arrangement whereby officers lewell to Dr. Hertson. obtained Hoine leave. Mr. Jenkin: low long have you becu
We know now that when Kettlewell then made to send a tug to her assist- ได
1914
scheme failed at the Board
Trade test he regis ance and tow her in. Later in the day, with the Chin Navigation Company?—-
was formulated, and circulars were issued tered a protest, which was recorded at the another steamer came into port and ze- Over 50 years.
to the floating staff. In the fret circular
that his eyes were suffering,, and ported that she had seen the Honam And how long have you beca connected was to give a period of relaxation to em- tion. That is an important factor 1-sing; and that she was flying no distress.
it was stated that the object of the scheme therefore he could not pass the examina anchored about three miles below Fan ployees in the service, so as to fit thema Ou: position was that we wanted the signala And subsequently you got your Board for further service with the Company.
Company's doctors to certify before Mr Potter: Have the Chica Naviga- putting him in command of a ship, and sation Company ever agreed to grapt leave had to know if his eyesight was unKenrick left Hongkong for the purpose Just after noon yesterday, the Henry Company?
Mal
with shipping first went to sea in
1873.
.of
Trade certiliates? Yes..
P
standard.
SAFE ARRIVAL IN POET...
And your ey were tested by the same if the officer, was not returning to the in the CamoBay's hat in the letter tha of towing the Honam in, but the pas
authority 7-Yet
you share the view that the Board'
of Trade test is useless one1-I am not prepared to say whether it is or not.
put it to you
Mr. Jenkins. I object to that. - Mr. Potter: It was as a result of Dr. Hartson's certificate that the services of Mr. Kettlewell were dispensed with on the matter.
T believe that you sent all the informa- And it applied to the employment oftion on the case to London Veg thought was aufficient 1-Yea
In 1919 when the plaintif joined your Company the Board of Trade test was the only eyesight -Yes.
thu
was sent to London some vital material sengers did not have to wait for her to facts were not mentioned --As far as 1 do this. The Ing Shan, on her way know we only took Dr. Harston's opinion down from Canton Mw the Honam, and finding out what her position was took You just put in the letter what you off all the American tourists and all officers
brought them on to Hongkong, where in the defendant Company:
Would the London office be influenced they were landed at the Steamboat Co.'s until 1993 (I'll give you a later date, ter communications were received from to pass the Board of Trade test 1-I don'ted by ferry to the Kowloon wharf, where
And cabled communications and writ-
by fact that Kettlewell had failed wharf about 3.45 p.m., and then convey. later), Yes.
The same applied as regards promo-office acted on these communications?-
London, and I believe that the local think they would, after Dr. Harston did the California is tied up." tion, until 190 for certain-Ye
Yes.
Кев
not pass him We were content with Up to 1923 he only test you, had ever
Dr. Harscon'a certificate.
The tourists were none the worse for heard of in the defendant Company was officer with one good eye and one defec- viewed you for the purpose of represent the annoyance of wasting much valuable
Would you accept in your service us
Dr. Aubrey I think personally inter- their mild adventure, and apart from tive 1-No. Morrision telephone you on nahing you what form his When you engage a man for the service to you what the state of Kettlewell's time, which they might have utilised in visiting other beauty spots and places of the China Navigation Company, does were in June-Yes. out him whether Captain Kettlewell was you believe him to be fit, and efficient for China Steam Navigation. Company convenience.
And Dr. Aubrey is Doctor to the Indo- interest, it caused them very little in- fit to take charge of a ship's bridge the purpose
In fact many of them of carrying out bridge Yes. And his letter read "I have now com- duties, if that is the duty he is to carry Did it occur to you that when a gentle
seemed to enjoy the experience, for the pleted my examination and I see, no reason why he should not take charge of Mr. Jenkin: How long have you been and of the standing of Dr. Aubrey came games on deck.
in the service of Messrs. Butterfeld and having been a grave error in regard to for Canton yesterday morning, undeter a ship's bridge-Yes, but he goes on to Swire-About 28 years.
represented the possibility of Other tourista from the Californía left take it that it is the consistent plai
the testing of this man's eyes, that
Le Board of Trade test 7-Yes.
Did Dr.
April
Bay
17th
take
of.
out?-Yu
14
there
majority passed the time by playing
Mr. Jenkin---I know what ho goes policy of the defendant Company to re-intiff might have been given depth red by the fact that at the time of their
on to say and it was because of that con-
Board of Trade tes ?--Yes.
dinding paragink that you arranged for
If on Monday, the 21st, Capt Kettlewell had come to you with a pass certificate,
t-Dr. Aubrey came to my office and leaving, no news had been received of from the astrigation Cost Good men I told him what Dr. Harston had said, the whereabouts of the Honam, Full beariation point of view, 10 and Dr. Aubrey immediately replied arrangements have been made for the physical fitness, of
and general character, and this is a difference between Doctors 1 entertainment of our visitors during
courec. including will step aut. he would has gone straight on eyesight 7-Yes.
Dr. Aubrey came on be their short stay in the Colony, such as the
half of Kettlewell but it was no use talk motor drives around the Ieland, visits Hinnan's bridgHe did not do it.
One could classify Mr. Kettlewell na
ing to ine about eyesight. put it to you be would a good man, leaving his eyesight out pend on the Company a doctors: Now, now,
I simply do to the Peak and to Repulse Bay and have gone straight on the Hunan 1-Pro- of the question? Yes.
Macao, His Lordship adjourned the case until 10-30 on Monday morning.
bably; I don't know.
.
(Continued on next Column).
The California leaves for the South to-morrow morning.
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