GODDESS OF MERCY COLLISION SEQUEL.
"DIAMONDS."
NINE MONTHS FOR AN "OLD FRIEND.”
WOMAN FOUND GUILTY OF SWINDLE.
"We appear to know one an other," said Mr. R. E Lindsell at the Central Magistracy yesterday
when he convicted a Chinese woman
CLAIM AGAINST THE ERMLAND.
JUDGMENT RESERVED.
AANGEBOT,
THE HONG KONG DAILY PRESS, WEDNESDAY, MARCH 12, 1930.
FOOK ON OVER-
LOADED.
די ג
CAPTAIN SHOULDERS BLAME; OWNER FINED.
LEAVE TO APPEAL "GRANTED.
Sitting at the Supreme Court yesterday in Admiralty Jurisdiction,
At the Marine Court yesterday, with the Harbour Master 43 Capt. G. W. Sinclair, master of the the Chief Justice (Sirm.v. Fook On, and Mr. Lau Wa were before Commander. J. B. Newill, Henry Gollan) reserved judgment Ping, owner of the vessel, after hearing counsel for both sides D.S.O., R.N., on a summons for to be overloaded at 3 p.m. on March
KOWLOON RESI- DENTS' ASSO- CIATION.
COMMITTEES FOR CURRENT YEAR APPOINTED.
A REMINDER TO MEMBERS.
TALKIES" AT "SEA.
SUCCESSFUL SHOWS ON PRESIDENT LINERS.
The President liner, President Fillmore, one of the round-the-world fleet of the Dollar Steamship Line, is on her initial voyage around the world. She is the sister-ship of the President Johnson, the largest steamer encircling the globe on a 1.regular schedule.
as a common law cheat, and for in the action brought against the unlawfully allowing the Fook On Hall or Monday, the principal Dollar Lino is in pace with thei
conspiring with another woman to perpetrate a fraud. The Palice told his Worship that the woman had been convicted last year and sent to prison for three months for a similar offence.
You had three months. last This year," said Mr. Lindsell. time nine months-three months and six months consecutive."
Addressing the woman's recom- plice (another woman) the Magis trate said: You clearly played a
lesser part in this affair, and on the conspiracy charge, you will have
six weeks.
followed The conviction
motor ship Ermland. The plaintiff,
Chinese junk owner, claimed 5,000 as damages for the loss of his junk consequent on a collision with the defendant ship off Waglan on March 25, 1929,
Mr. C. G.. Alabaster, K.C., ap peared for the plaintiff and Mr. F. C. Jenkin for the owners of the Erland.
In his final address, Mr. Jenkin said that the defendant was not legally called upon to say how the junk was heading. The all-import- relative courses of the two vessels prior to
ant question was
the
and at the time of collision. He the submitted that the course of the charges against the two women of Ermland was beyond controversy defrauding a Chinese woman living practically south-east, and he would at No. 40, Bonham Road, by telling ask his Lordship to reject the evi- her a story of a large and valuable dence of the junk witnesses for the atore of diamonds, of which the reason that they were "hopelessly hiding place would be revealed to at sen" as to their own course. complainant if she paid certain sums of money to the Goddess of Mercy, The woman paid sums totalling roughly 810.000, and to raise this money she mortgaged her house, sold her jewellery and gave all her zendy cash to the first defendant.
She also signed a promissory note for $1,000 representing money con- tributed by another woman to speed the revelation of the hiding place of the diamonds.. :
If the Ermland was going south- cast and the junk was going north- west, it was obvious that no colli sier could have taken place because the vessels would have been parallel courses.
On
Referring to Kau Chau Island, stated by junk witnesses to be east of Wagland, from which place they set their course 'horth-west for Hong Kong, counsel pointed out that the island was not marked on any of "the charts of this important trade A Promissory Note.
route. Assuming there was an Mr. H. L. Dennys represented the island of that name, counsel sub victimizes woman and Mr. C. E. L.mitted that the jurk could not leave Grist watched the proceedings on that spot on a north-west course behalf of the person to whom the and get to the place where the promissory note was given.
collision took place. The junk could not have been on a north-west course because the evidence was that the fog signal from Waglan struck the junk on the port bow. On the contrary the junk was on a north-east course according to the evidence of the ship's officers.
After conferring on the point with the assessor, his Lordship remarked that the direction as given by the junk would have taken them about even and a half miles to the north- cast of where the collision took pince.
At the commencement of yester- day's proceedings, Mr. Dennys re- called his client and put a series of questions to her regarding the promissory note. The woman stated that she did not receive any of the money covered by the promissory
Dote.
Can you explained why you sign- ed the note -From time to time Kwok Sze Fu (the holder of the promissory note) made contri. butions amounting to over 83,000 towards this fund to enable the discovery of the precious stones.
Mr. Lindsell; That still does not explain why you should have signed the promissory note; the person who signs should be the person who receives the money I only signed it because it was proof that Kwok Sze Ku had a share in the estate covered by the precious stones when they should be brought down. All money and jewellery relating to her contributions towards this treasure trove fund. wits paid to the first defendant.
Was the money handed over to the first defendant in your pre- sence 1-Yes. but I did not know how much.
Dealing with the allegations brought against the ship. Mr. Jenkin argued that there was no foundation for any of them. In the first place the junk did not sound any fog signal until after she was sighted. Secondly, they carried no lights which was contrary to re- gulations, and thirdly, the junk went about, making the collision inevitable.
In conclusion Mr. Jenkin said that the plaintiff had wholly failed in their task of proving that the defendant was to blame,
The first monthly meeting of the newly elected General Committee of the Kowloos Residents' Association was held in St. Andrews Church business being the appointment of various subcommittees for the com- Capt. Sinclair told the Magising year's work. trate that he was cutirely to blame as the owner was away at Canton at the time of the offence and know nothing about it.
J.
i.
The showing of "talkies" is án. unprecedented "departure from the present-day entertainment on board steamships, and shows that the
calendar. The President Fillmore is the first ship on the Pacific Ocean and sens westward as far as the Members present were the Rey. J. Mediterranean to earry talking II. Johnston (President), Mr. F. C.motion-pictures for the entertain Mow Fung Vice-President), Mr. E.
ment of passengers, and according Abraham Hon. Treasurer), Mr.
to an announcement made by Capt. C. Terry (Hon. Secretary), Messrs. R. Stanley Dollar, Fresident of the E. Cock, 3LB. E., B. W. Tape, T.
Dollar Lines, talkies are to be T. Laurenson, D.S.C., B. Wylie, F. installed. on all of the Line's ships W. Stapleton, R. Pestonji, W. J. in the near future to afford the best Brown, C. B. Liggs, E. Tregil That being the case, halus, W. Goldeiburg, Li Jow Son, thought the summons against the F. J. Easterbook, M.C... F. H. owner should be withdrawn. In Crapnell, the lev. W. W. Rogers any case, Mr. Lau would plead not
and It. Col. ED. Matthews, guilty.
Mr. C. H. Thompson, of the Harbour Office. "prosecuted, and Mr. F. C. E. Rendall appeared for the defendant and anid, at the out- set, that the master was pleading guilty.
The Chairman welcomed Col. Matthews as new comer to the Committee, and after the minutes. of the previous meeting had been read and confrmed the following sub-committees were appointed:
Giving ovidence, Mr. Thompson said he boarded the Fook On at 3 pm, on March 6, and found that she was listing heavily. Investiga- tions showed that the vessel was overloaded by 3 inches though at that time there were no passengers on board. These would come on. Tape. later, ns the boat did not, or was not due to sail till 5.30 p.m. that evening. He was informed that the owner was in the Colony at the
time.
"Mr. Thompson's evidence was corroborated by another Bearding Officer after which the Magistrate asked il Mr. Rendall disputed the officers' evidence. Mr. Rendall an xwered in the negative, and weat on to say that he thought the case was to prove whether the owner was guilty or not. He remarked the Ordinance was alternative-it was a case of either the owner or the master and not the owner and the master. If one was found guilty the other should be discharged.
The Captain's Story, Capt. Sinclair then went into the witness-box and in answer to a question put by the Magistrate, said he did not know how many passengers were going to travel by his ship that day. It was very hard to tell na the number varied, and on this particular occasir, when he expected about 150, only 100 turned up.
Continuing, the skipper said that he went across to the a... Venezis at about 1:30 p.m. on the day' in question. There were about 100 tons of enrgo on board then. On returning, some one-and-a-half hours later, he saw the two officers on board. They told him that the ship was overloaded and on making en quiries, be found that she was feet 2 inches forward and 8 feet 2 inches aft. He agreed with the officers that the loadline was submerged three inches...
Children's Bayground:-Messrs. W. J. Brown, J. J. Alves and B.
** Star Jerry. Approach Mesara F. Easterbrook, B. Wylie and E.Cock.
Band Concrta-Messrs. J. 3L Alves, E. Alfaliam, F. C. Mow Fung. E. C. Tegillus, E. Cock, and Lt. Col. Matthews.
Sanitation Messrs. F. J. East- ertrook, R. estunji and F. W. Stapleton.
Representatie on S.P.C.A.MIE. E. C. Tregiluj
Any commuications or sugges- tions on thesl subjecte front mem- hers or othersvill bo welcomed, and may be added to any of the gentlemen mationed above or to the Honorary Secretary.
A letter for the Association drawing the attention of Govern- ment to the fit that the regulations for the confol of the Yaumati Typhoon Refge promenade are not being observe and other correspon- dence havingheen approved by the meiting, the libject of salutes from Signal Hill as discussed at length. In view of ts many complaints on this subject; ad the actual damage to property nd bealth occasioned, it was decid to request that the battery be rooved.
Middle load Playgrounds. The Hon Secretary stated that no reply had been received from Government to the Association's ggestions for this playground, and as thevork appeared to have come to astandstill it was animously greed to write to the authorities ressing the urgent need for this pleground and to request information as to Government's plans for t lay out.
un-
of entertainment for its passengers. The President Fillmore has the distinction of having had as passen gers Glenn Tryon and Helen Wright,
of Universal Films, who starred in Dames Ahoy," which picture had its premiere between Los Angeles and San Francisco aboard the President Fillmore at sea, and demonstrates the policy of the Dollar Line of showing only the latest of pictures on beard their
steamers.
Also, among the more prominent passengers travelling on the Pre- aident Fillmore on her first voyage around the world were Mr. and Mrs. Richard Wallace, who are on in world tour. Mr. and Mrs. Walluce were passengers" on the President Fillmore from San Francisco to Kobe, where they stopped over for
leisurely tour of Japan, and will pass through Hong Kong on a later Dolin liner on their way around the world.
Mr. Wallace is a very noted motion-picture director of Holly- wood, and has directed such famous pictures as "The Innocents of Paris," "The Love Parade," in which Maurice Chevalier starred, and McFadden's Flats," "River of Romance, and the latest Para- mount picture, Two Black Crows in A.E.F." in which Moran and Mick, the world-famous comedians,
were co-starred,
Before leaving San Francisco on the President Fillmore Mr. Wallace signed a contract, at an appreciable increase in remuneration, to make two productions a year for Pare mount. This is very unusual, as the majority of directors make six or seven productions yearly. B. P. Schulberg, general manager of Para- mount Productions, announced that this unusual contract was made with Wallace inasmuch as he will dorate his entire time to making these two productions the super dramas of the year,"
SMOKE FROM A GINGER
*FACTORY.
ALLEGED FAILURE TO ABATE THE NUISANCE..
There be no further business, the meeting closed; members are reminded lat subscriptions for 1930 are ne due, and should be The Manager of the Yee Loong forwarded the Hon. Treasurer | Ginger Factory was summoned be- c/o Mesars. ester & Abraham, Ex-fore Mr. S. Whyte-Smith at change Builing, Hong Kong... Kowloon Magistracy yesterday for Forms of aplication for member-failing to abate a smoke nuisance ship may obtained at the Inspec on his premises. Sanitary Inapee. tor's office othe Star Ferry Wharf, tor G. Frost prosecuted and Mr. Kowloos.
F. E. Loseby appeared for the defendant.
Capt. Sinclair went on to say that during his absence a large eargo of rice was taken on board. Mr. Alabaster "said that the log It was unfortunate that he remain- made it perfectly clear that the led on the Venezia so long. She was ship's officers had not. seen the very attractive boat, but if he Mr. Dennys: You told us that alleged manouvre of the junk. He had gone back to his ship earlier, you pawned jewellery and clothing. submitted that the ship was wrong he would not have allowed the Here are twenty-nine pawn tickets, in porting the helm, which carried cargo of rice to be taken on, and are they in relation to your pro-it in the direction of the junk in there would have been no case. As perty 1-Yes.
stead of away from it.
in was, he immediately: gave orders for 30 tons of cargo to be dis- charged. Asked where his mate was during his absence, the captain said that he gave him (the mate) leave for the day. Under those circumstances, he should not have TWO LITLE GIRLS AND left the ship, but he did so on his own responsibility. The master con. cluded his evidence, by saying that Mr. Lau hnd always given strict
Where is the money gone to l Every cent of it was given to the first defendant.
You remember that you mortgaged your property -Yes.
And that was done by Messra. Johnson, Stokes & Master i-Yes.
Did you sign the mortgage 1-Yes. Was any money paid over to you? Yes, $4,000,
.
After further argument, he asked the Court to reject the evidence of the abip's officers, as the log con- tradicted the evidence of the people who signed it.
His Lordship reserved judgment.
Defendant's Story.
The first defendant in the witness box told a rambling story, in the course, of which she stated that she borrowed $3,500, from the plainant to pay for a sea-voyage for the younger brother of the other
UNDER THE MATTRESS.
$1,500.
Inspector Frost in evidence said that he kept observation" on the factory's chimney on December 13, and again on the 18th. On the first date black smoke, was emmitted for twenty-six minutes during the .course of an hour, there being two Two yun girls, were before Mr. periods of 8 and 9 minutes of con- R. E. nsell at the Central secutive smoking. On December 18 Magistra yesterday charged with there was a period of eight minutes the arcey of a purse containing consecutive smoking. On Decem- $1,500 ilong Kong banknotes, ber 11, a notice was served order- the propiti of a Chinese woman. ing the factory to abate the nui The first fendant, who appeared sazce, and observation was again made on December 31, January 3 to be a 10 years old, was
the and g
On the former date there charged stealing and Before the Court rose, Mr. Ren- second, gatly older, with receiv. dal said:"Your Worship gives ing. ine leave to appeal within seven days? "Yes,
orders that the vessel was on no account to be overloaded at any time. com- His Worship" found the DIENST guilty and imposed a fine of $250 while the case against the master was dismissedre.
defendant. She would be able to
repay the money in the fourth moon and fully intended to do so.
May We Fall Into Great
Poverty."
Jossing for "the Cause." What happened to the money 1- It was paid to the first defendant who paid $1,300 to Kwok Sze, Ru to spend on the New Year.
The first defendant here told the Court that most of the complain- antis money was given to an arah named Ah. Ho. This amah was called. She said that she had been two years in the employ of com plainant. The first defendant visited
Witness told the Court that com- the bouse on August 31 and shortly afterwards came to stay. The de- plainant had been asked whether fendant had urged complainant to her husband would raise any ques pay large sums of money to her in tion, if it was discovered that she order to get the treasure. Her mis- tress spent all her cash in the Complainant is alleged to have re- cause" and the witness was sent to plied "I will bear all the blame, pawn various articles of jewellery, and if you should get into trouble, the proceeds of which were in- variably handed to the first defend
Ant.
had lent, the defendant 83,500.
HEALTH OF THE COLONY.
TEN NEW SMALL-POX CASES" LAST WEEK.
The defendant pleaded guilty, a declared that she was persuaded the older girl to steal the mondwhich she then passed over to bfriend for safe keeping. The seco; defendant denied the allegation
may my husband, his family and Officer of Health, of notifiable dis- the monest various times to sec myself fall into great poverty.
Mr. Lindsell: They have already been reduced to poverty, I should think!"
On
were forty minutes during which black smoke was emmitted in the course of an hour, including one period of 7 consecutive minutes of
black smoke. Os January 3 there was 23 minutes of black smoke in the hour including one period of 15 consecutive minutes. Twenty- two minutes of black smoké in the hour were observed on Jaramry 8.
At the conclusion of his evidence Inspector Frost was cross-examined at great length by Mr. Loseby, on the amount of soot and, apoke
The precuting officer said that in Decenr the complainant hid $1,500 in jnknotes under the mat- The return; issued by the Medien tress of bed. She looked at case reported last week gives the that it safe, and last saw it which was emitted during the on March The first defendant periods, and the effect on the neigh. following figures:→→
Small-pox 10 (deaths 10), diph-premises fere whitewasted
was pres when complainant's bourhood. Continuing, the defendant said therin 3 (deaths 2); typhoid 3 March 7. he saw where the notes that the complainant is alleged to (deatha 2), meningitis 2 (death 1), were hid and later spoke to haye sworn that she would go to puerperal fever 1. prison with the defendant if the There were also deaths from second dedant about them.
While case was proceeding Mr. Hora Lo came into Court latter was sentenced. The defend-malaria and 55 from tuberculosis.
and said was appearing for the ant then swore that she would re-
second dédant. pay the money." I swear now that will pay this money even if I do go to gaol¦"
On February 23 witness left her mistress because the first defendant made trouble between witness and her mistress. A good deal of "jossing" went on in the house.
Answering the defendants, wit ness admitted that she had claim ed to be the Goddess of Mercy and that a companion of hers, who was in the house, had stated, that she was the spirit of the goddess." Witness declared that she was "stupefied" most of the time, and asserted that the first defendant was responsible for her condition.
A flower seller stated that he da livered flowers at the house every
The co-conspirator said that she day. The complainant is a most
was an amah to the first defendant Touest person," said the witness. He used to go into the house prior and she also asked the Court to to August, but subsequently he de grant the first defendant time to livered his flowers through a win-pay. dow.
(Continued on nost Column.)
Mr. Lindscil: That will be very comforting to complainant!
Court to grant her time to repay Witness finished up by asking the,
the money, and added that she had an infant child to look after.
Mr. Lindsell then convicted both
women. 4:
"On Monday 4 more cases of smal pox and 1 of typhoid were notified.
PEAK TRAMWAY ROBBED. A sum of 8365.23 has been stolen from three conductor's boxes, de- nosited at the Upper Peak Tram Station.
Mr. Litel: It appears that there is evidence against the second dedant except the word of the fidefendant who admits teling money. She alleges
that she it at the instigation of your dieand handed the money to her fanfe custody.
Mr. S. F. Chubb, Superintendent Mr. Loo far as the law goes, of the Tramway, reported that the where the dence is only that of an acopied, and where there is money was probably stolen between
correative evidence, the Sunday. a p.m. and 7.am, on Mon- no day. The thick most likely used a
Court, algh it, can convict, will duplicate key to get into the office invariablfuse to do sof at the station.
(Continut foot pf next column).
The Magistrate adjourned the case, until March 25 at 2.15 p.m. and intimated to Inspector Frost that he would like to hear evidence from the Sanitary Board as to how they intend to remedy the alleged nuisance. He also wanted evidence from the neighbours as to the ex- tent of the soot nuisance; of the authority given to build the fac tory, and if the position was chosen by the PW.D.
Mr. Lindsell: Not quite1 Aa general rule they will not. I have arranged with the Police to hold the defendants for three days to sed if there is any chance of re- covering the money.
J.
His Worship also remarked that the second defendant would prob- ably, he discharged, at the end of that period.
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