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HONGKONG
EUROPEAN CAPTAIN'S
CLAIM
AN OLD FRIEND.
Mr. Jenkin Capt Jones was a very old friend of yours t—Tes.
My ending. And do you mean to tell us that he noither mentioned to you
TWENTY-FOUR HOURS NOTICE+neither did you know of your own now
CHINESE SHIPPING FIRM AS DEFENDANTS.
DEFENDANTS GET JUDGMENT.
Mr. John Melvilla Anderson, master mariner, was the plaintiff in a Supreme Court action Festerday morning in which he claimed 31,515 damages from the Alan Wing Steamship Company, this consisting of three months' salary in lieu of notice....
Mr. H, G. Sheldon; instructed-by-fr. J. A. Gordon Leask, was for the plain tiff, and Mt. F. C. Jenkin, instructed by Mr. D. McCallum, waa for the de- fendants.
Mr. Sheldon said that his client was employed by the defendant company as chief-oficer of the B.B. Huitan in Des cember, 1923, and in January of the following year was appointed master, continuing in that capacity until Novem ber of that year. His appointment as master following the proceeding Home of Capt. Jores on which recommendation 3r-Anderson was appointed.
The interview at which the appoint- ment was made took place in the presence of Mr. Chang, the managing director of the Company, Mr. Ho, an interpreter, Capt. Jones and Mr. Anderson. At that interview, Mr. Anderson would tell the Court that there was no question of notice discussed at all. There was no written agreement but it was verbally agreed that Mr. Anderson should take over at the same wages and emoluments as Capt. Jones.
THE DISMISSAL.
In November, 1924, when the ship re- turned to. Hongkong, Mr. Ho came on board and handed Mr. Anderson a letter
terininating his engagement. No reason was given and Mr. Ho said he could give none. It was not his doing but the decision of the owners. Mr. Ho offered Mr. Anderson a month's wages which Mr. Anderson refused. Mr. Anderson
had
an interview with the Harbour Master, also with the secretary of the China Coast Officers' Guild, as a result of which he saw solicitors.
Plaintif had not been able to get employment after his dismissal until January of the following year when he accepted a position as third officer of one of Jardine, Matheson's coastal boats.
The whole question hinged on the inter- view at, which Mr. Anderson was ap- pointed, continued Mr. Sheldon. Mr. Anderson had no knowledge as to what notice. Capt. Jones was on. It was not until after his dismissal that Mr. An- derson found out that Capt Jones had been on a written agreement under which he was liable to 24 hours notice. There was, however, in Mr. Anderson's case-20 written agreement and he was entitled to reasonable notice, this being three months.
ledge that he was on a 24 hours notice agreement Yes It was not until his return that I found that out. He said he forgot to tell me
THE DEFENCE."
The evidence of Mr. Anderson having. concluded the case for the plaintifs, Mr. Jenkin briefly addressed the Court before calling Mr. Chang to give evid ence. He spoke of, the practice followed by the defendant company in engaging masters on 94 hours' notice and said that it was incomprehensible that this very important factor would have been entire I omitted from the interview as a result of which Mr. Anderson was appointed.
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Mr. Chang and Mr. Ho gave ovidence, and said that Capt, Anderson was IL- formed that he was appointed master on the same conditions as Capt. Jones held the mastership. They further stated that Mr. Anderson was definitely told that be could be dismissed on 94 hours' notice. Mr. Ho denied that when be handed Mr. Anderson the letter of dismissal, that he had offered him a month's salary.
ACUTE CONFLICT OF EVIDENCE... In his final address, Mr. Jenkin ro ferred to the departure of Capt. Jones for Home on private affairs, and how, atter being only six weeks an the boat, Mr. Anderson received the position. The endfict of evidence in the case was acute. Mr. Anderson was asking his Lordship to believe that at the interview all essen- tial terms were discussed with the excep tion of the most important factor, the period of notice. The defence contended that Mr. Anderson fell into Capt. Jones's shoes, and accepted all the conditions under which the latter had been employ- ed. Which of these two versions, the defondants or the plaintiffs was the most STABLES OF LATE SIR PAUL CASTLE PEAK BUS SERVICE. probable! It was incomprehensible that the parties abould have met and discussed! the minor terms of the engagement, and wholly disregarded the major terms. The termination of contractual relationship was always in the forefront in such cases. Plaintif agreed that wages and emolu ments were mentioned, but denied that he was informed that he could be dis- missed on 24 hours' notice.
INCONCEIVABLE CONTENTIONS.
Continuing, Mr. Jenkin asked his Lordship to accept as untrue. Mr. An- derson's statement that in spite of his long friendship with Capt. Jones, and the fact that he recommended him for the post, he had no idea whatever that Capt. Jones was under an agreement whereby he could be dismissed with 24 hours notice. It was inconceivable that Mr. Anderson did not know. Counsel fur- ther held as unsupportable the statement made by Mr. Anderson that had he known of the 24 hours notice he would not have accepted the position. In January, 1924, there were a number of men with master's certificates who would be very willing to take up any position becoming to them.
In conclusion, Mr. Jenkin asked his Lordship to believe that Mr. Anderson well knew the terms of Capt. Jones's agreement in toto."
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·CHATER.
RESULT OF SHANGHAI AUCTION.
The entire Shanghai racing stable, the property of the Sir Paul Chater estate, were sold at public auction at the Horse Bazaar, Shanghai, last week. In all 10 ponies were disposed of Glorious Dahlia, the first on the list, selling for Tis. 3,000, the purchaser being Mr. S. W. Hec. Chinese owners were much in evidence and bought most of the animals ofered.
Details follow:
Pony.
GENERAL.
TO BE INAUGURATED NEXT WEEK.
Full details regarding the proposed new bus service from Kowloon to Castle Peak are to be advertised shortly.
The Luro Motor Company intend in- augurating such a service next week-end, and this will provide an enay means of transit to this noted bathing resort for those who hitherto have had to hire cars, etc., to get there. The new bus which it is intended to put on the road as an English make chassis, with a locally built body. It will seat twenty passengers, either all first class, or eight first and price. twelve second class
Opening Sale
bid.
The route will be between Mongkok and 3,000 Un Long, Castle Peak being taken in on
Tis.
T.
Glorious Dahlia Fantastic Dahlia Sunbeam Dahlia
1,000
100
· 800
200
550
Sunrise Dablia 2.
100
400
Brilliant Dahlia ...
300
2,000
Stalwart Dahlia
100
1,600
100
250
50
160
300
730
100
900
Early Dahlia Beacon Dahlia Mystic Dahlia Pretty Dahlia
Total...
Ts. 10,810
Of the above ponies the first eight are cross breeds, the last two being China ponies.
THE BENEFIT OF THE DOUBT. Mr. Sheldon said that the question was whether at the interview the same terus under which Capt. Jones was employed
Several others were also auctioned were wholly stated to Mr. Anderson. The defence claimed that Mr. Chang had off:-Rewiki at Tia. 65, TT at Tls. 275, informed Mr. Andersca-in-pidgin Eng Happy Lion at Tis 66, Pineapple at Mr. Anderson then went into the wit-lish about the 24 hours notice and that Tls-130, a grey and a chestnut grifin at ness-box and bore out counsel's opening he nodded in remarks. He had twenty years' experi- terms of notice were not stipulated, it| ence of the China Coast, he statel, eleven years of which had been with Mesars Butterfield and Swire as second and chief
officer.
WAL
Resent. Whenever the Tls. 475 each.
implied that reasonable notice Capt Anderson's old be given. evidence had not been shaken, and if there was any doubt in the case, he should Cross-examined by Mr. Jenkin, withave the benefit of it. Mr. Sheldon then ness said that his salary with Jardine, quoted a few cases, amongst which was Matheson's after he left the employ of one of Mr. Justice Gompertz's. defendants worked out of about $237a
month He joined them-on-January- AN OMISSION_ 17th, 1025
LOCAL CINEMAS.
"THE PONY EXPRESS.
the way there and back. At present the 'bus is only to be run as an experiment, but if the demand is sufficient to justify the step, an exclusive bathers' service will be run, and the Duro Motor Company will be prepared to place additional buses on the run.
The bus will be known as the New Territories Bus Company and provisional @fares are Kowloon to Castle Peak 60 ceents and to Un Long $1. Starting times are to be advertised when the service commences.
ALLEGED FORGED BANKNOTES. TIMBER MERCHANT DISCHARGED.
At the Central Magistracy yesterday, before Major C. Willson, & Chinese, master of a timber merchant's business in Shum Tak appeared on reinand on a charge of being in possession of three forged ten-dollar banknotes,
Evidence showed that he was arrested on the eth instant when about to board "the 58, Kinshan for Macao, as he had' AT THE QUEEN'S.
in his possession the notes in question!
One note was found in his girdle and the In delivering judgment, Bir Henry
Until to-morrow The Pony Express other two among his personal property.
Mr. K. Lo, who appeared for the Mr. Jenkin So you were employed Gollan, (the Chief Justice) said that it will be shown at the Queen's Theatre.
As the title suggests, the plot centres defence, said that the man was given the for.37 days of the three months in respect was rather remarkable that, if as Mr. of which you make your claim Yes. Anderson said, there was no discussion about the pony express riders who main- notes by a friend in Canton to bring to In answer to further questions, witness in regard to the period of engagement, tained communicattion between the East Hongkong. On his arrival in the Colony said that as chief officer with the, defend-Mr. Anderson had also stated that when and West in the carly days of 1860. The defendant found they were forged notes ant company he had been on a 24 hours notice was given to him, Mr. Ho also country was at that time undergoing and decided to take them back to Canton.. notice agreement. When he was master offered him a month's wages in lieu of titanic political upheaval due to the He had no intention of passing them off of the ship the chief and 2nd officers bad notice. In the correspondence between slavery issue, and strenuous efforts were in Hongkong, submitted Mr. Lo, and was been on 24 hours' notice agreements the solicitors of the parties, the first being made to awing California to the unaware they were forged until he arrived Mr. Jenkin put it to Mr. Anderson letter from plaintiff set out a claim for Southern cause. It was largely through here. He immediately made up his mind that what had taken place at the inter-wrongful dismussal, stating that he was the instrumentality of the Pony Ex- to take them back to his friend,
His Worship held there was a gravo view was that he had been engaged on titled to reasonable fotice, which was preas" that the State was saved to the
doubt in the case, and discharged def the same agreement" or "on the same three months. Defendants immediately Union cause.LES
The acting honours are equally divided dant. terms as Capt. Jones,
replied that Capt: Anderson was only This witness denied and said that the entitled to 24 hours' notice. It was re-smong Betty Compson, as the popular question of wages and emoluments only markable that the plaintiff's solicitors frontier belle, Ricardo Cortez, in the was discussed. The interview only lasted had not once stated that a month's wages character of an intrepid pony express
rider, Ernest Torrence, who combines re a few minutes. Mr. Chang could not had been offered him English and Mr. Ho interpreted and Plaintiff also claimed that a sotice of ligious zeal with blacksmithing, and Wallace Beery, giving an inimitable told withee that Mr. Chang was agree of hours did not apply to masters. As a able to his being engaged on the same matter of fact, Capt Jones was under comedy performance as lovable.roust
"about. gga DAN wages and emolaments as Capt. Jones such an agreement. His Lordship, there The Pony Express" was adapted by fore, found it diffenlt to understand that - MASTER'S STATUS.
Capt. Anderson did not know the condi-Walter Woods from the story which he Mr. Jenkin put it to you that Mr. tions under which Capt. Jones was, em wrote in collaboration with Henry Jame Chang said to you and Capt. Jones in ployed. It would he reasonable to sum Farinan, the well-known author and Those songs of a humorous order he sings, broken English allee same agreement, posn that Capt. Jours's terms would be editor... Capt Jones; 24 hours finishee, and that freely discussed: you or at any rate Capt. Jones, said Witness: No, that is not so... Mr. Chang did not speak even in pidgin Eng
Mr. Jenkin: Would you have taken the position if it had been offered yon
on those terms --No.
Mr. Vendin: Why not? I would hat consider it a proper agreement for
master
s
AT THE STAR.
COME ON OVER
CALIFORNIA COLLEGIANS,
One of the feature soloists with Brick
Morse's California Collegians, formerly
who are appearing at the Theatre Royal the University of California Glee Club,
July 19th and 21st, is Bay Orton, a Scottish American lad who makes a specialty of Scottish songs in the native dialect, with which he is well acquainted
in such a way that is nastly entertained, white in singing the ballads of his native. heath, he does so with a wealth of:féel- ing and a tenderness which shows his uttermost sincerity, and
MATTER FOR REGRET." Bis Lordship greatly regretted that
Brick Morse's California Collegians is neither side had called Capt. Jones to give evidence. Had he been called, and
& specialty Glee Club of one hundred said that he had never told Capt. An Until to-morrow inclusive, Come on University of California Students (twenty derson about the 24 hours notice, then Over will be screened at the Star of the best of them are on the present the case for the plaintiff might have been Theatre, Kowloon This picture, which trip to the Orient) and was formerly Home has a the zeal Irish favour features Colleen known as the Californis Glee Clubft very much stronger
Continuing-his-Lordship and that on Moore and it is impossible to imagine has been presenting shows all over the the whole it was ressonable to suppose anybody of Irish descent not liking it world for the past few summers with Asked what ships other than the that the very important matter concern while these not so intimately connected tremendous success The Club has tour Haitan he had been master of on the ing-the period of engagement was men- with the distressful country, as it-seded the Orient, Europe, Alaska, Canada. China coast, Mr. Anderson replied that toned at the interview. He had come to be called, must be sadly deficient of and the United States several times and he had been master of the Chuen Chow, to that corelarion Be did not think a sense of humour, if they can pass it up is once again touring the Orient this a river boat and of vessels in Aus that there was any deliberate attempt to without a smile.
There is rollicking-fun throughout and tralie
deceive the Court at the part of the Mr.Jenkru Were you not under a 24 plaintiff. The interview was very short, Colleen Moore perhaps shiues more hours utice agreement as master of the and it was quite possible that Mr. An- naturally in this picture than for any The late Mr. Robert Yeats, Cumber Chuen ChowNoderson had not appreciated what had other, of her hoydenish flapper roles. At Land House, Kensington, Inte of Wears. Mr. Jenkins When you joined Jar- taken place. On the whole he had to the same time, the film is not devoid of Edward austend & Co., London, Singa dine. Matheson's after your dismissal you believe the story of the defendanta touching episodes and provides a thor- pore, and Penang, who died aged-es were on a 24 hours notice agreement? - Judgment with costs was, therefore, cughly enjoyable two hours entertain-on March 20th, left £77,390 (net per
Bonalty E80,148) ment which should not be missed. given to the defendants: Tesranjaniat offices
summer.