DISMISSAL.
THE HONGKONG TELEGRAPH FRIDAY
AUGUST 4 "1911.
Mr. Lowis I believe the usual practice is to have the mong
DREDGING MACAO HARBOUR.
Alleged Breach of Treaty Stipulations.
Canton, Aug. 3.
MILK
FIVE CENTS A PINT.
PURE, FRESH, SEPARATED, NATURAL.
REMOVED: THE CREAM ONLY.'
ADDED: NOTHING."'
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FRESH?
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THE DAIRY FARM Co., Ld.
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NOT
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[OTICE is hereby given that all FIRE INSURANCE OF- FICES will be CLOSED for the transaction of Pablie Business on MONDAY, the 7th August, 131I..
By Order,
A. R. LOWE, Secretary, Hongkong, 4th August, 1911. [1254
| MARINE INSURANCE ASSO. CIATION OF HONGKONG.
N
far MONDAY IN AUGUST,
JOTICE is hereby given that all MARINE INSURANCE OF-
POPULAR "ASAHI" BEER
Note our Price $12.00 per sera con- talning 4 dozen quarts or 6 dozen piots.
[84 JOHN THOMAS COTTON.
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action of Public Businon MONDAY, the 7th August, 1011.
(Qualified),
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Basiness Address
- A. R. LOWE,
Secretary.
[1295
FOR NEW YORK via SUEZ
CANAL With liberty to call at Malabar Coast),
THE Steamship
"INDRADEO,"
CAPTAIN'S WRONGFUL | with plaintif. Ho says again I the usual course of duty in river owners know very well what he the parties in Chambers if plain- summarise--"Ivory seldom sawn boats carrying only two officers? was doing, thoy had of course tiff presses this point and his Europoun on the bridge-I never (2) If so is this under the cir-ample means of knowledge, and solicitor really thinks he has any saw the mate on the bridge excopt omnatances à proper and son that they fully concurred in oase. Subject to this there must Wias Action in Summary Court when ontoring or leaving port, manlike way to Fun the wlint was going on. This being be judgmont for plaintill for throe In the Summary Court this When leaving Canton the captain shits, or is it negligonto, and so, one would export that if at months salary at $240 and tho
won on the bridge: After leaving behaviour calqulated to morning, Mr. Justice Gompertz, Whampoa he was sometimes on pari the safety
im-any time they came to consider costs of the action. of the that regular watch ought to be Mr. Lewis (for the defondants) L'alene Judge, delivered judgment the bridge but more often not vossol. His replies were:-(1) kopt they would as fair and asked for a stay of oxocution in in the ease in which Captain Tom there. After Whumper the cap-boliove this to be the usual course reasonable mon notify the mastor view of a possible appoil. Austin, Master Mariner, brought tain remained about ten minutce of duty not only on West River of their desires. It follows thon His Lordship said that there an action against the Chi Wa on the bridge. In my watch after boats but on the Yangtze, (2) that when after all these months scomed to be no grounds for the Company, of 20, Wing Wo the captain left I got orders from is quite in order and reasonable, they put forward, suddenly and application. Street, shipbuilders, to recover the no one. For the rest of the watch. The captain is always available without any provious notice, the sam of $870, for damages for was in sole charge of the ship till and can be called and provided failure to keep regular watch as wrongful dismissal rom defen-1 handed over to No. 1. Now and he is on the aort it would not be a ground for summary dismissal, paid into Court. dants' employment as Captain of again the captain came out. proper to interfere with the pilot they make itory difficult His Lordship-lu a case like defendants' steamship Hoi Ming Once the captain had left the who has local knowledge. The to believe that tho' ostensible this, the plaintiff should file a do- The claim was undo up bridge saw him once or pilots are very competent men. Iground is the real one. Nor do I claration that in the ovont of the follows:-Threo months' salary twice in twenty days. Most considor, the practice desuribed myself boliove it. In my opinion decision being reversed, the in lieu of notice at $240 por days he naver Camo out. in the captain's evidence seaman- the defendants had soine colla-famount will not ho withheld. month, $720: lodging for three The compradoro's evidence is like and reasonable. I then re-torni motive for wishing to herid Mr. Lewis-The position, my months at $50 a month, $150, merely that ho visited the bridgequested Captain Pybus opinion of plaintiff. Suggestions woro | Lord, is this. The Captain pro-
His Lordship, in the course at night on several occasions and on the Chiel Engineer's evidence.mnado in cross examination tant posan to go home to England and his written judgmont, suid-
found neither the captain norThe commiant was "If borings they had found him Iocking in if wo bring the appeal, our money This is an action for damages the chief oflicer there. Then the get hunted the ongines should be consideration to passengers. No will be gone. for wrongful dismissal by the defence called Mr Edward stopped at once and a reportade doubt nots of deliberato dis Mr. Steavenson (for the plaint- master of a locul passenger ship. Jones, Acting Agsistant Harbour to the bridge as soon as possible courtesy if brought forward to iff.)—If the other side wants to There are two defences justifion Master of the Colony, as an ex-afterwards. The captain might the captain of a songor steam-appeal, I would ask that they tion-the employers maintaining port witness. Very curly in the easily not bo'on the bridge if the er would give his owners amplo put the matter through as ox- that they were entitled to dismiss vase stated that ind i known engineer went up at once that justification for summary dis-peditiously as possible. the plaintiff for negligence and what the issue was likely to be the captain is out immediately it missal. But nothing of this sort Aftor further argument, it was failure to properly discharge his should have insisted on having a the telegraph rings shows him to has been proved. think it quite agreed by the plaintiff to give an duties as muster. Secondly the marine assessor. An adviser on bo on the alert," On the pilot's possible that the captain's inen-undertaking that he would not employers say that ander an oral the bench to whom the judge cau evidence the comment was " The surus with troublesome passengers run away. agreement made between them-put his difficultios and get counsel | pilot was not infuet in solo charge were on the regular side-por- | selves are the master on hand explanation, is much more of the ship merely because he was haps he was somines not as appointment, the ongagement helpful in a case of this sort alone on the bridge. The would mctful as ho might have been; was to be torminated by twenty than an expert witness in the box. be perfectly capable of navigating possibly
defendants, thought four hours' notice on either side. I should like to have notice in theshipinordinary circumstances, they would like to have i There were also insinuations-future beforehand when any simi-and if the captain was of land milder munered man in com they are nothing more, for they lar case is coming on for trial, and ready, that would be quite mand. But this is nothing bui were not supported by evidenca Now the gist and substanco of suflicient. That the captaincime conjecture. I cout next to tho that the plaintif in breach of his Captain Jones' evidence, is con- out when the boats were rather second plea--that there was an dintios in his employers comported tained in the last few lines of his thicks shows him to have been on oral agreement for the determin- THE TELEGRAFE" CORRFIFONDENT.; hituself tinwards passengers, Eu- examination in chief which dres the alert," On the mate's evidation of the engagement on ropens and Chinese. Now as to produced. He said " (in the cap- | ence the comment was as follows: twenty-four hours' notice. It has the defence of justification: this tain's own evidence in the box "The exptain should be on 'haud; | beon repeatedly held in this court It is reported that HE. the was based upon certain evidence this morning he has been guilty unt necessarily on the bridge hat, special agrooments apart, Viceroy has received an urgent given by plaintiff himself and by of reach of duty serious there are no rules; the matter three months' notice of dismissal telegram from the Cabinet several witnesses for the defence breach of duty, such as would must be left to the discretion of the is reasonable for the muster of a Ministers, criticising the action the mate, Chief Engineer, Compra-imperil thoship and lives in her." master. If he is at hand so is te vessel. The burden of proof isof of the Macao Government in dora and second pilot-to the cross examination he said "I be called at once, that is bulli-course on defenants and I will say dredging Mucao ilarbour and effect that regular watches wore have no local knowledge of Can- |cient,. Chineso pilots are as com- once that they have failed to stating that they regard it as a nol kopt
on board. It appeared on waters. I don't know the petent as anyone. The ovidoner convinco me that the alleged doliberate defiance of treaty from the plaintiff's own statement | slate of waly at Castlo Penk di Floes not necessarily provo sogli- agreement was ever made. stipulations. that he and thesunto usually took Cluit Rocks. I can't way if geure. Have followed this prac I was pointed out that on Tho Cabinet Ministers inform-Hongkong, 1th Aug., 1911. the vessel out of harbour at 11.30 captain and mate in Chinese own-ice myself on the Yangtze, several previous occasions, theed the Viceroy that negotiations p.m. After Capsuinum the mato ed boats keep watch-à is their the vessel wants to anchor plaintiff's service is muster had are progressing between the INDRA" LINE, LIMITED, was busy with the tickets. The duty to do so. The officer koep-mes to a station or there is terminated very suddenly but he Ministry of Foreign Affairs captain remained on deck untiling wateh should be in communi-fog then the captain is called leges that it did so on each and the Portuguese Minister past Castle Peak-for one and sation with the man at the wheel The mate's evidence is perfectly casion by mutual agreement and in Peking over the mattor, three quarters to two hours. After and close to the telegraph, that consistent with the opinion he in any caso the defence is not that they are afraid that ignorant that he would chat with passen-is on the bridge. The captain gave in cross examination that the agreement for twenty-four villagers of Heungshun ing break gors for two or three hours being may slip into his room to light the captain is a careful navigitor ours' notice is a usual or ordinary into opon agitation against the on deck again at the Chain Rocks, his pipe in and out-at his and ailends to his duties in a no but that it was a special mos-Portuguese, resulting in diplo Captain WH. Les, will be despatched In open waters the captain statod{own risk-they always
as above about 20th inst. do.proper manner." I then pat sure expressly insisted on by thematic complications. thut he left the ressol to one of the f the engineer
This stoner bas excellent nocom- went to further question: "If the practice trectors because the plaintif had
The Viceroy is advised to in-modation for a limited number of first Chinese pilots of whom he carried the bridge to report, and could under Captain Austin was proper, zivon them troublo on previous struct the civil and military aulnes passengers, and attention two. These pilots are unlicensed, find neither captain or mate that diligent and seamarilike why occasions. It is very likely that thorities of Houngshan and Chin-directed to the moderate mo moraly Chineso soamen with would be a serius dereliction of should it have been altered on when the directors engaged the shan to station more soldiers in passage money charged. good local knowledge. One of duty. It is a serious thing to be is dismissal when a now mastor plaintiff at the request, as they the two places, and at the same For Freight ar Pasange, apply to the pilots who was called as off the bridge when the vessel is took com nand"? Answer: "1 put it, af 12 third party, time to advise the people not to JARDINE, MATHESON & Co., Lo.
witness
be undor way-there would be more regard the system under Captain they folt they wore confor create trouble with the Portu-
Agents. possessed a coxswain's certificate, risk in narrow or crowded waters, Austin as a rousonable one for ring a favour'on a man out of guese. The request has been Hongkong, 4th Angi, 1911. [1200 The captain said that the vessel but the principle is the same. voyagos of this sort with a vessel employment. They may have complied with by the Viceroy. was in charge of the pilot for
"Now
will confess that when I carrying only two officers. Any thought that under the circum The society for upholding the haps three hours, but that the heard this testimony I thought the regular system of watch and stancos it would be only fair that Macao delimitation question has mate was knocking about part of case was at an end, and subject watch about on a river boat carry. they should not be bound by the submitted a petition to the Admir- the time. He added that ho con- to any rebutting evidence the ingonly a captain and a matemust three months' rule. But loyalty for the despatch of cruisers sidorod he did his duty, that he plaintiff might call I was prepared be illusory. The mate is on special failed to satisfy me at any such to Macao, as the members of followed the custom, and he went in give judgment immediately for Juty before arriving in port-in reso vation in their favour was the society consider this is the on to state that in fact he himself the defendants.. I refused Mr. port he is busy with passengers nsisted on by themselves or as only solution of the problem. was always in clurge of the ship Steavenson leave to call evidence and cargo. He has many duties onted to by plaintif. Plaintiff and that it was incorrect to say to prove that the plaintiff's prac-in connection with tickets. It is stoutly denies it and I accept his that the pilot was in charge. Ho tico was usual and ordinary with necessary for him to have reason lonial. Possibly the throo months himself was always on the bridge other bouts of this type, for if a able time for sleep. I regard it rule is a somewhat one-sided and was in and out the whole time practice is really wrong and as physically impossible for a man operation. I mean it in the and the pilot never know when indefensible I suppose it can with so much to do to keep his passonger trade whorecompetition
Against Chinese Official. he was going to pop out. The be no defence merely to prove rogular watchos satisfactorily is keen owners may feel that Chief Engineer's evidence was to that it is usual and pravalent. Nor would it tend to officiency to they
(THE "TELESKA?II" COCRESTONDENT. are losing business theeffect that several times having Finally, however, it seemed to have the captain always on the through some idiosynerdsy of
Cauton, August 3. to report temporary breakdowns me not to be altogether fair to bridge. The system described by a master, which nt the in the machinery he found decide advorsely to a man in a Captain Austinisperfectly remon same time gives then no grounds of Foreign Affairs at Pakhoi hus It is reported that the Deputy: neither the captain nor the mate matter of his professional duty able and the bost possible in all for summary dismissal. Then reported to the Canton Viceroy on the bridge, and he then and competence on the authority the circumstances of the case" they are in a dilemma.. Payment that the captain of the steamer reported to the pilot. He stated of a single expert, howover skil- am quite prepared to accept the lown in cash of three months' full Honai is alloged to have ill treated a to mo, when 1 recalled him, fil, an export moroover who opinion of Captain Pybus in a salary might be a heavy charge Chinese investigating and detect that, as the practice was not to came into the ease not with an subject matter in which he iron the earnings of a small localing official and begged the Viceroy keep watches, he did not trouble independent and quasi judicial thoroughly at home and his steamer. On the other hand it to write to the French Consul to to call the captain if the latter status as an assessor does, but rousons seem to me, as a layman, they give three months' notice they have the Captain donlt with, and was not off the bridge, but re-moroly as a witness called by the good and sufliciont. But even wore may fear that the captain having the steamer's compradore handed ported to the pilot 'or whoever other side. I need hardly say not ready, as Icertainly am, to further occasion to consider over to the Chinese authorities ho found thero. He proceeded that I am in no way reflecting accept his conclusions, it is deas their interests may do serious in for punishment. "No doubt if I had pushed upon Captain Jones' impartiality. that if the matter is left in any jury to their business before the open the swing door, I should fum quite sure that he gave his uncertainty then when two pro period of notice runs out. I admit er was at Pakkoi, the Chinoso it appears that while the stonin- have found the captain in the evidence with scrupulousfairness, fessional experts differ so widely the difficulty but the remedy is in official came across a boat suspect- cabin and again: "If the tole-and he was very careful to state on a matter of professional duty the hands of the owners. They aled of carrying and selling kid graph rings the captain is out that he had no local experience as do the assessor and the expert leged on this occasion an oral napped persons and assaulted a immediately. Should I want to and did not know the Canton witness in this case it is not com- greement. If u muster is really boatman bymistake. The captain, stop before the telegraph I am waters. I therefore reserved my potent for me to find the plaintif to agroo to accept summary witnessing the incident from his bus before him." Then comes decision and with the consent of in fault, The burden of justifi- notice, there is no reason what ship, ordered the Chinese official | the mate whoro evidence the parties I have called in the cation being, of course, on the over why he should not be re to go aboard. As soon as he was does not differ materially assistance of Captain Pybus, defendants, if at the conclusion quired to put his agreement in aboard the French steamer, he from that of the captain. IR.N.R., an officer also of very of their case I cannot come to a writing. I have suggested this was placed in irons and removed Bummarise it as follows: Since great experience and with conclusion in their favour then course before on a similar to the lock-up. the 1st of July whon, plaintiff left personal knowledge of the evidently they have not done secasion. This is a lengthy As the case concerns China's the ship the (now) captain and I China coast and river service, who what they were bound to do. But judgment but I wish to have the international rights, His Excel- kept regular watches. When the moreovor has frequently sorved the plon fails for yet another facts and my findings on them loucy the Canton Viceroy hus plaintiff was there there were no on Marine Boards of Enquiry, I rosson. I have no doubt that the clearly set out in the event of an instructed the Diplomatic Com- rogular watches, I never koptam infinitoly obliged to him for practice on local river boats it appeal. As the defendants' two missioner to open negotiations strict watch under the plaintiff. his trouble and for the assistance exactly what the plaintiff said it pleas lavo broken down if follows with the French Consul. Plaintiff never kopt watches inho lias given mo, I proceeded as was with regard to the keeping that the plaintiff must have open waters. The captain said. I follows:-1 first read over the of watch and the responsibility judgment. Three months' salary nood not keep regular watch-it part of each witness' evidence of the pilot. My assessor solo is entitled to. As to the Mr. Koir Hardio sya that the was not necessary. In oroas ex-relevant on this point and then holds and I am ready to agree quarters he is not amination he said that the captain put my questions to Captain with him. I have also no pocket through the dismineal him of the Roman toga. As a was a careful navigator and Pybus." As to the plaintiff's doubt that the plaintiff rap sa ho had this payment to peer's robe and the Itoman toga attended to his duties in a proper evidence as to the duties left to his slip on these very lines from make while still in the plaintiffs' are entirely different in onlour, manner. Thenext witness was the the Chinesa pilots and the course the date of his appointment as service. I disallow this part of altape, and the way in which they sound pilot. This man was from of himself and the mate I put the mastor in March 1010. Nor can the claim. But the point was not are worn, you see at once the point ted to twenty days on the ship questions (1) Does this describe. I have tatli lon doubt that his argued and I am willing to hear of resemblanco,
#
stated that
per-
ALLEGED OUTRAGE.
out of Peors' Coronation robes rewindod
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