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HARBOUR COLLISION INQUEST VERDICT

SHIP MASTER EXONERATED FROM BLAME

Jury's Recommendation

K

The inquest into the death of Lau Kau, coolie of the Public Works Department, who was drowned on August 9 when the But- terfield and Swire motor vessel Yunnan fouled the telegraph cable, throwing deceased, who was on a sampin, into the barbour, was concluded at the Kowloon Magistracy yesterday afternoon.

The jury in their verdict, exonerated Capt. D. Wilson, master of the Yunnan, of all blame, and recommended that signals used in connection with the work be properly displayed on future oc-

casions.

M-"

E. Himsworth, sitting as the Coroner, was assisted by Mr. J. R. G. Wyou of the Harbour Depart. m'ent.

Mt. J. A. Fraser, the Crown Solicitor, appeared on behalf of the P.W.D., and Mr. D. B. Evans, watched the proceedings, on behalf "of Captan Wilson, of the Yunnan. Mr. R. A. Wadgson represented the Star Ferry Company.

The jury cumprised Messrs. E. A. dos Remedios (Foreman, Leung Po Shan and Yeung Hon.

Mr. Fraser recalled Captain WII- son to the witness-box.

Replying to questions. Captain Wilson said that the speed of the ship at the time of the accident was about 3. knots

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steaming behind the Yunnan, said that he was going about $ knota and it appeared that the Yunnan wis Loing faster than he was.

He saw the collision but saw no other sampans about.

HONG KONG DAILY PRESS, FRIDAY, SEPTEMBER 11, 1936.

PORTUGUESE BANK CLERK PASSES AWAY

HENRIQUE ARNALDO DA SILVA

It is with much regret that we have to announce the death which occurred on Wednesday at his re- sidence in Granville Road, Kow- loon of Mr. Henrique Arnaldo da Silva, aged 33, formerly a clerk in the Chartered Bank.

The deepest sympathy is extend- ed to deceased's three brothers: Messrs. J. F. da Suva, of the Eas· tern Extension, M. M. da Silva, of the Aslatle Petroleum Co, and L. C. da Silva, of the Mercantile Bank, and three sisters, including Miss E. M. da Silva, of the Tele- phone Company.

THE FUNERAL

A large gathering was present to pay their last respects when the funeral took place yesterday even- ing at the Roman Catholic Ce-

Aciated.

Lai Yip, and Wong Wa, worklub | mëtery. with the deceased, gave videada that Lau Kau had been on the cable sampan on the day in ques- tion.

SUMMING UF

Father L. M. Ross of

The three brothers of the de- ceased were the chief mourners.

Amony those present were Messrs. A. J. Bursley, D. M. Vieira, G. A. Noronha, C. Silva, D. L Sumining up, the Coroner sold.- Gentlemen of the Jury:-before Lopes, C. Sales, V. Bernardo. E A. V. Remedios, G. A. Ribeiro, A. V. proceeding to * review of the evidence of this enquiry, I would Barros, D. E. Carvalho, E. V. M. again reinind you of your duties R. de Souza, J. P., Xavier, S. A. in this connection. The object of Marcal, C. A. Roza, A. P. Pereira, this enquiry has been to find when, J. Pinto, A P. Souza, A. C. Gomes. where and how the deceased Lau. Gosano, S. M. da Cruz, A. J. The motions of the vessel atau came by his death. Co:uners C. Rocha, W. Ogley. O. H. da Ro- different times of the afternoon

Juries have in addition the duty of cha, H. da Roza. C. P. Marques. were as follows:-Standby, 2.35, pm: Hali ahead, 2.10 p.m. Slow stating whether there has been any H. A. Barros and G. H. Barnes

FLORAL TRIBUTES criminal negligence on the part of "2.44 p.m.; Stop. 2.50 p.m.; Slow

Wreaths were sent by the fol- aly person or persons which would ahead. 253 p.m.; Stop, 2.54 p.m.;

lowing: warrant your bringing a verdict of! Slow ahead, 2.55 p.m.: Stop.. 3.05

Chelly: Sammy and Marichay; murder or manslaughter against- p.m.

such person or persons. Since the Edo and Carmen; Bill and Mer- Just before he ported his helm,enquiry has not disclosed any evi-cedes; Hia, Jullo, Anita, Mem!. dence which might reasonably lead Marlo and Ina; Spotty, Cony and you to infer criminal negligence on Joseph; Maria, Marcus and Carlos, 'Mr. and Mrs. W. E. Hollands. Mr.

continued Captain Wilson, the motion was "Slow" at 2.44, p.m. He then stopped the vessel.

Two short blasts were blown at 2:45. and the speed at that time was 3 knuts. The tide. hid to be taken into consideration, as the slack period following every flood lasted for an indefinite period of time, from half an hour to an hour and a half.

Although high tide was at 2.10 p.m., it was not, slack water then, The ships in the harbour were sto

swung east.

short distance.

DID NOT SEE FLAG

I.

the part of any person or persons, E. V. M. R. de Souza and family, I will not burden you with 3

Mr. and Mrs. A. G. Botelho, Mr. technical definition of that term.

A. L. de Sousa, Mr. and Mrs. C. 2. Rozz Pereira, Maria Ignezta Gomes da Silva Rozario and family, Mr. Reinaldo C., Sales, Mr. A. L. de Souza, Helen Maria Per- petuo da Cunha and Bernardino Maria Cardoso da Cunha. Mr. and

It may be, however. that the evidence leads you to the conclusion that there was negligence of a lesser degree on the part of one or more persons, but even if you think that there was such negi gence you should studiously avoid making any reference to it in your

This court

verdict. This is a court of enquiry for ascertaining facts and not a It was impossible for the ship

court of law for determining de- to be travelling at the rate of 5

grees of negligence. knots. as the distance that he

must not therefore be made a covered was only a mile, und the

skirmishing ground for deciding ressel took 16 minutes to cover that questions of civil liability, and you should avoid the danger of making an allegation against a person, which that person will not have an opportunity o! answering, by omitiing all references in your ver- dict to the conduct of persona. This dues not, however, mean that any recommendations you may care to make to prevent a recur- rence of such fatalities must neces- sarlly be limited.

The wind at the time was south- south-west, and he did not see the red flag on the sampany as it was tage-on to him, and it was in jonspicuous because of its small dess.

About six sampans were in the cinity of the cable sampan. and although he used his glasses, he pild no attention to any particu- lar spot.

Beetng the cable, launch "move

I think you will have little diff culty in deciding that the body found on Ping Chau on August 14

man No. 637, who was found miss- ing from the cable sampan when

Mrs. A. J. Colamel, Mr. and Mrs.

A H. Peplow, Mr. Jose Maria Oliveira, Julia M. Xavier, Mr. C. A. Cunha, Mr. Allan Barsley, Chiquito Maria and family, and Lady Operators, Telephone Com- pany. A large artificial glass wreath was sent by the Local Staff of the Chartered Bank.

Y.M.C.A, ACTIVITIES

The European Y.M.C.A. announce the following activities:-

To-day: Launch Picnic, Launch leaves Police Pler 3 p.m.

Sunday:-Discussion Group in the West Lounge, 9 p.m.

Monday-Whist Drive In the West Lounge, 9 p.m.

RESPECT FOR

1

PRINCIPLES

Mr. P. S. Cassidy's Vigorous Protest

The Editor, Hong Kong Daily Press". Dear Sir.

..

No one seems to have the slightest respect for principles in these days so it is not surprising that the Hon. Mr. Davidson was not supported in his protest at yesterday's Council Meeting. I for one, however, de- plore the light-hearted way in which the Government has abandoned the principle of Free Trade for this Colony, more particularly as previous efforts to obtain a preference for locally brewed beer were, so far as I re- collect, met by an official refusal based on sound argu. ment. Preference in favour of Empire Brandy does not seem to me anything more than an empty gesture but the preference for Chinese Type Spirits distilled in the Colony is, no doubt, on a par with preference for local beer. It appears, therefore, that the way lies open to the adoption of a policy of whole-hog Protection and I have no doubt that we shall soon find our local industrialists putting forward one plea after another for the protec- tion of their particular interest. We might start with a thumping big duty- Japanese piece-goods although the Government, quite rightly in my opinion, would not ac- cept the extension of the quota system to this Colony.

!!! Yours faithfully,

P. S. CASSIDY.

on

Hong Kong, Sept. 10, 1936.

'ELGAR' CONCERT NEXT MONTH

Hong Kong Singers' Presentation

ST.

JOHN AMBULANCE

TO BENEFIT

PERSONAL PARAGRAPHS

Capt. and Mrs. C. Wingate Reed, of the United States Army, arrived from Manila" by the liner Scharn- horst, and are staying at the Gloucester Hotel.

Mr. T Hallett Abend of the New York Times." arrived from Shanghat by the President Daumer and is residing at the Gloucester Hotel.

Mr. A. J. Billingham from of the "New Shanghai, is also York Times."

In the three years which Mr. Anderson Miller has spent in the Colony be has certainly proved up to the hit that there is a great demand for good music and has also done his utmost to satisfy it. WOMEN'S At one time he was conducting four choirs running concurrently. Now with the Hong Kong Singers and the Chinese Choral Society (both of which he founded) to say no- of the Kowloon Union thing

FELLOWSHIP"

ANNUAL

MEETING

Just Arrived

A SELECTION OF

SWAGGER COATS

FOR COOLER DAYS

JUST THE THING TO

WEAR OVER YOUR PRINT:

TO"

ED. SILK DRESSES FORM AN ATTRACTIVE

ENSEMBLE.

IN NAVY AND BLACK

LADIES'

SALON

LANE, CRAWFORD, LTD.

PETER

"SPECIAL

SCOTCH WHISKY

AWSON

AT

St. Andrew Church Hall

Church Choir all in, most dourish- Good Attendance At ing condition he can safely claim to have added something tangible to the musical life of the Colony.

The fe work that the Hong Kong Singers have done for Charl- table causes is now well-known and appreciated. They have certainly gone from strength to strength and can eastly claim now to be the largest musical organisation for many miles round. They have now decided temporarily to leave the Cathedral in which they have made their name and give a secular con-

The annual meeting of" the Wo- men's Fellowship, was held at St. Andrew's Church Hall yesterday and was well attended.

"ayay from the sampan he thought was that of Lau Kau P.W.D. work" to whether the sampan and its flag cert in the China Fleet Club with:

tle signals.

cable work had been

200 feet away, too close to avoid

that the

should have been easily seen or Blished.

not. The fact remains, however, The fact that the launch was not it overtumed in the harbour that it was not seen by the master dedging or laying cable meant on August '9. Although medical that she should not have displayed evidence on the point is not con-

Mr. Evans: Would it have been fed that Lau Kau wis found The coxswain of the Star Ferry orrect

for the cable launch to drowned. As regards the evidence sand by the sampan?-Yes, that which led to the death of Lau Kau, would have been a warning for it appears that he was working on essels to steer clear..

Mr. Fraser: If the launch had bwered her signal would it in- icate tha: operations had ceased?

Yes.

clusive you may yourselves be satia-

of the 8.S. Yunnan until he was

fouling the cable.

on his part

that in carrying on across the bows of the $5. Yun- nan, thought he was not subjecting

The Rev. J. R. Higgs, Chairman, reported a successful year.

Mrs. Nell, (Hon. Treasurer) an- nounced a balance of $28.30 on the past year's work. The follow- ing were elected to the Commit- tee:-Mrs. Lakeman; Mrs. Boyer Mrs. Pollen: Mrs. Smith;* Mrs. Bar- an orchestra of over 30 players. tholomew; Mrs. Goomes; Mrs. War- There will be two performances ren Mr. Hayward, Mrs. Reld both at 9.15 pn. The one on Thursday October 15 will be at tended by E. Major General A.

W.

(Hon. Secretary), Mrs. Lakeman (Assistant. Hon. Bècretary) and Mrs. Nell (Hon. Treasurer). Bartholomew;' C.B., CQM.G., The membership totals 70 and C.B.E.. D.S.O., and on Saturday it is hoped that more will join the October 17 H.E. Sir Andrew Calde Fellowship cptt. Kt. C.M.G., C.B.E., President year.

of the Hong Kong Singers has graciously expressed his intention

a sampan employed in repairing a that ship to any hazardous perils. cable in the harbour. The sampan whether the coxswain was justifed of being present. was Aying a large red dag, which, in reaching this assumption is not a although not the regulation signal, question for this court to decide.

THE VERDICT

ELGAR'S WORKS

during the

current

LOCAL ESTATES :

Local estate, sworn not to exceed of Bir $3,300 in value, was left by Fran-

The programme will be devoted

the "Fantasia and

Tientsin

on December 11, 1932. Probate of the wil was granted to Mr. E 8. C. Brooks, solicitar, by Fugue in C minor (J. S. Bach) the Supreme Court, on the appli- a clever arrangement for full or- cation on behalf of Oswald Stah- hope Benbow Rowe, of White Cot- chestra of a very lively character.

Then will follow four well con- tage, Talpo, a brother, who is an

short compositions en- "Death on the Huts,"

executor.

is usually flown on vessels employ-You must weigh up the value of exclusively to the works The operations were still in pred in dangerous operations in the the evidence you have heard and Edward Elgar, one of the greatest cls. Benbow Rowe, broker, of Lid- treas as the signals were up?—Yes. |'harbour, as a warning to other

Mr. Evans: Because of the sign-ships.

if you find that death resulted from. of English composers whose recent dell Brca, Tientsin, who died at an unlooked-for mishap or an un- jal on the launch, you thought that You may or may not consider toward event, which was not ex- The first item will be his trans- death was universally mourned operations were going on only that this was adequate for the pur-pected or designed, you will bring cription of where the launch was.-Yes.

pose. While engaged in the above a verdict of accidental death. Mr. L. Starbuck, assistant at the work the cable of the sampân was Royal Observatory, stated that the fouled by the 8.3. Yunnan whien wind on August 9. at 2.53 p.m. was overturned the sampan and Lau

The Jury returned the following verdict: least by south, at the speed of 9 Kau was thrown into the water.

miles per hour.

We are of one opinion that Lau trasted That the 5.8. 'Yunnan 'should foul

Probate was also granted to the Mr. Evans: It the wind at the the cable was due to

Kau, the deceased, met his death titled: the

wil of Kong Yuen-ling, alias Kong. Observatory was cast by south manoeuvres which the master of by misadventure by drowning on "Feasting I watch," "Weary wind rin-to, alias Kong Lok-to, pawn; does it mean that the same direc-the ship thought necessary when August 9, when the cable sarpan on of the west" and "Evening scene." tion of wind was all over the bar- he felt that his position was jeo-which he was working capsized and The first is one of the most soulker, of Waterloo Road, Kow- stirring inspirations that could be The value of the estate is sworn

on January 13 loon, who died bour?--I can't say, as to that. pardised by the Starry Ferry Mert threw him into the harbour.

In coming to this verdict, under imagined, Mr. Fraser: How far is the on-dian Star which crossed his bows.

The main item, however, will be ervatory from Kowloon Point? It is by no means certain that had the circumstances, we attach zo About a mile. There was a re-different manoeuvres been execut-blame whatsoever to the master of "Scenes from the Saga of King

the Yunnan.

OLAF" From the legends, of the harkably steady "wind that day. « ed, the accident would have been

avoided. There is some conflict of From the evidence it would ap-dead kings of Norway-legends that evidence as to the speed of the 8.5. Pear that there was some mis- once were told or sung in many a Two cases of diphtheria and one Leung So, the coxswain of the Yunnan, which varies from nil to understanding as to the signals, smoky fireside nook of Iceland in of puerperal fever were notified to erry Solar Star, deposed that the over 10 knots. I think on the and the object of the signals is the ancient day, by wandering the local Health authorities on

rry passed astern of the Yunnan whole however the evidence shows defeated by the absence of the Baga man or Bcalda tale is told Wednesday.

the speed of 9 knots. The Yun-that the 88. Yunnan was moving cable launch bearing the signals which can be described as both ad- n was stationary when he pass slowly, and in spite of suggestions from the spot where such work was venturous and exciting. Melodious

to the contrary, on a food tide. actually being undertaken. Chan Kam-sing, the coxswain of There is also some doubt as to the We would like to recommend te Meridian Star, atated that the size and visibility of the flag on that such signals be properly dis sjed of his ferry was between 8 the sampan. Most witnesses agree played on future occasions. a 9 knots, and that the Yunnan that it was large, although it would ained to be moving rapidly then naturally look smaller when seen heang Bing, coxswain of the from the deck of a large ship. latch, You Hing, which Was There was conflicting evidence as

COXSWAINS TESTIFY

her-

ا گیا۔

Lastly, we would like to extend our sympathies to the family of the deceased over the loss of their bread winter.

under $9,600,

IL

COLONY HEALTH

A LITTLE

DROP OF THE RIGHT STUFF

IN THE RIGHT PLACE

AT THE

RIGHT TIME

WORKS WONDERS

PETER

DAWSON

SPECIAL SCOTCH WHISKY

solos, duets, massive choruses and $3, $2, and $1 will shortly be avali rich orchestration which certainly able from members of the Hong approaches. Wagner in its might Kong Bingers and the Secretary. conception will make this work a St. John Ambulance Association Bole. Distributors Joy both to heur and to perform.

The net proeeds are to be devoted to a very deserving cause St. John Ambulance Association. Tickets at

and Brigade,

The booking arrangements are in the hand of the Anderson Music Company.

Obtainable Everywhere

H. RUTTONJEE & SON

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