1909-08-10 — Page 5

TUESDAY, AUGUST 10, 1909,

THE ICE-PLANT DISPUTE.

Fourth Day's Hearing.

THE CHINA MAIL.

provod the agreements and also that the ENQUIRY AT THE HARBOUR duty to obtain drinks? Fac By calling

Flees' wore different to look at. They had alleged but not proved that there was a knowledge" by defendants of the terms of the agreement with Jarding, Matheson and

and

OF

Marine Court of Enquiry was held at

the boy

Mr. Shonton read extracts from the ship's log book concerning the so

The Harbour Maaten-questioned the Master of the ship regarding the supply of

thain un?

are to have drinks, constantly to keep

The Mirabel: Certainly not, your w Capt. Role of the Yuen Sangacked it usual for the ofdber of the watch watch No, not anal.. to have drinks while on the bridge and on

No

"The Chief Justice (Sir FFiggott) and Co. They had alleged but not proved than the Harbour Office this morning to inviti diinka on board, in the coujea of which ko the Puiné "Junigo (Mr Justice Gomperts; the Milling Co'a ion was both different / Aste the reparted misconduct and drunken said, Do you think is geomary for the were again coupled at the Supreme Court inferior, and they had also alleged but ass of the master and mate of the Shot On on Tuesday in hearing the action brought by but ant proved that it was owing to the on the 18th and 19th of July last. Lioun the Hongkong Milling Co., Ltd., of which reach of warrany that they were unabls C. W. Beckwith, Acting Harbour Master, Mr Horace Percy Smith is quidator, against to perform their contract with Jardine, praided and the other members of the court Maar Arnhold Karberg and. Co. for a sum Matheson and Co. In order to recover, were Capt. CV, Lingd, of the an. Fatahan,

Capt. Lloyd. What steps did you of $100,000 damages for alleged breach of damages for breach of waraty it was Capt. A. E. Hodgins, of the as. Haiyang warranty by the defendants under an necessary to show that there was some Capt. P. H. Rolfe of the a. Toen Sang,take with regard to stopping the mate'a was in at Wong Moon on July 19th I agreement to supply an ice-making plant consideration for the warranty, which aid Lient. Henry Butterworth, of H.M.S.Hquer after you saw the condition be warranted to produce ice of a specified plaintifs had not shown beyond the corres

Mr W. EL Shenton, of Messrs Des-instructed the boy to stop his supply

Linut. flockwith-Have your signed off ponda cb. Neither had plaintifs proved; quality.

Capt. Hodgins. Have you ever had Sir Henry Berkeley, K. C., and M: M. W. that the plant had ever been taken over in con, Looker and Defcon, appeared on this offer Yes-He has signed off. Slado (instracted by Messes Hastings and full working order by the plaintiffs. Their behalf of the master, Alexander Nelson

Ian, was undefended.

Liout. Bookwith: How long has he been Hastings) were for plaintiffs; and Mr Lordships must, he submitted, contine Smonton. The mate, William James Han previous trouble with your Chief Officer i Duneng McNeill, of Shanghai, and Mrthouselves entirely to the warranty

Mr Beckwith opened the proceedings by with you? From the 16th June to 20th 0. G. Alabaster (instructed by Mr H. Walleged to have been given and to ses

Mr Hanlon (the mante) then anked. Did Looker,, of Messrs Dengua. Locker and whether it had attached or not. Dosing reading the declarations of the Master.July

with the Allogation that defondants knew Pilot and Quarter Master of the Fhiu Cayor read the official log to me on board the Deacon), appeared for the defoulants.

of the special term in More Jardino, which had been given at a Marine Magship? Matheson and Co.'s agroemens warranting Grass's onquiry hold on 22nd July last.No. You were too abusive. I had not

produce feo of the same clearness and Mr Beckwith said that on the strength of quality as that of the Hongkong To Co., Mr these declaration the Government bad MoNaill said he understood their Lordships' asked for a Maline Court of enquiry to Fe view was that plaintiffs wore antitled, in held. spite of their admission that owing to t death of Mr Rennie they had not been able to prove the knowledge, to go on and prove it. At any rate, for the moment he (Mr McNeil) confidently stated that

Before the calling of evidence was. To umed, Mr Shade said it hard transpired from documents, copies of which had been supplied, that the filter, Mr Buyer, on the 95th of Jun-two days after the trial- seat a report home to Mr Borsig, the manufacturer of the plant, and Mr Borsig seat two copies of this report to Messrs Arthold, Karberg and Co., in Hongkong The only possible grounds on which that report could be privileged was that it was

เป

3 Apollo

MASTER

Piano Players

$310

WITH ·

red up the log book as I thought ya 25 Music Rolls might qusra. up. I did not wish to get

gou into troubla

Could you write your name on 18th or 10th York:

PEAK

Did you come on the bridge at Eamon GUARANTEED EVEN Mr Shenton on questioning the master the 19th in the Sai Nam Channel when, we mid-

passed the Shunles ? Yes. I was on the " How long have you been at sea bridge when we passed the Shuntes.

Dia

I you give urders for the ship to be Thirty-two years.

slowed down.

Yea

Has any question ever been raised að

I previously gave orders to the

written for the purpose of being put in as they had not prove that knowledge. What to your conduct during those thirty-two, you see ma hiking to the Chief avidance in that case; The rules with they hack proved åt host was that a vory | years 7 Never."

How many offers. And brew did the Engineer that night? ng

Lid you see the typoon signals up when leaving Kong Moon? Yo dinary course of business were that these c'uded, nilètter was written to Berlin which shiu On carry on the 19th July? Fifty.

regard to reports being inde in the or

were not privileged.

Mr McNeill submitted that this doen. ment was obtained in order caford aiste rials for evidence ani was therefore privileged.

fow days after the correspondence was con-

undoubtedly displayed in plain terms the knowledge that there was an agreement bet ween Mr Rennie and the Ice Co. for the anls of ice to them. Going on to speak of the warranty, Mc McNeill said if solidity. land beets essential that would have boon The Court held that the report was not mentioned in. Mr. Rennie's original war- privileged, and ordered that the plaintifkanly, and if melting at the same mate and not at a few per cent. higher spoed than another ice had been eating, that also would have been mentioned; Tee might be of good merchantable quality and yet, melt a little faster than other ice, an ice might be of good saleable quality and set be a little lows solid than other ice.

be suppited with a copy.

Mr G. R. Hatto, hannger of the "Hongkongles Company, was then further re-examined by. Mr Stade. He spoke of a third test he had mude no to the melting speed of the products of the Ice Company and the Milling Company, and indicated what he considered would be losses su*. tained by the taking over the intterice.

Me Shule said he did not know whether the defendunta" Sue" wm that the machinery 16 properly worked could pro- duce ice equal to the Ice Company's ice. If so, he would prefer to allow the other aide to til evidence and then he would, if it became necessary, call rebutting evidence. Mr McNeill wil he was quite willing to agree to that. El esure they said that if the plant were given suitable opportunities it would make ice quite up to the warranty.

The Chief Justice I didn't know that

the question was likely to arise at all.

Mr McNeill Only in tune way; we say it is a proper plant.

The Curve suggested by Mr Slado was agreed to

-

Replying to further question by Br Slade, witness said the core is the filling Company's cu could 'he drilled our. Lu this would be tod' éxpensive and would leave a hole in the block of ice.

The bearing was adjourned in order to allow their Lordships to visit the Ice Co.'s factory and view the comparative amples of ivs.

%

KOWLOON HOTEL.

|

How many European Officers? Throe Captain, State and Engineer

Were you mua voyage frops Kong 11oon to Hongkong on 19th July last? Yes. Did you stop Wong Moon on the way down "Of course, we had to, clear the sustonis

What time did you leave Kong Moon?

pin, on the 19th.

Who was on the bridge? The Mato, the Plot and the Quarter Master.

How long were you on the bridge? About an ho

What in your opinion was the condition of Hanlon at the time! He looked as if he had been drinking.

Lieut Bockwith: What was peculiar about him? His new was ushed, "So was hot and excited.

Bir Shenton." Did Ju incapable No.

think him

Mr Shenton: Explain to the Court what happoned.

The Master: In the Suitings Channel we passed the Shun Lee.. Shenton:

The special anniversary dinner given a the Kowloon Hotel on Monday night in honour of the King's Coronation was a highly

What time About 8 successful athir. The mend and band programme were printed on silk handkerp.ta. "The Master, cuntinuing: The pilet chiefs which bore excellent cplated repen gare orders to slow down and let the Shun ductions of the King and Queen in their Lee pare. Thet hief Officer made anroštic coronation robes. The band of the 13th remarks to me about the Pilut slowing Rajputs under Band-master Tuttle Coke down."- surfamed themselves on this occasion.

*

ITEMS AT THE COURTS

A Japanese restaurant Kerper residing at 32, Pottinger Street, was at the Magis

I

Could you hear it in the Pilet room? don't know whether you could or not. came on the bridge shortly afterwards,

Here Mr Shenton explained to the Beard the plan of the bridge and cabin on the Shui On.

The Master (continuing) On going on

The Mate Why did the Shut Oo-have to wait thirty minutes for you on the 18th July? She did not have to wait thirty minutes. The ship sailed at the appointed. time."

Did no, une go up to your house to cu! you out during the evening. Yes. But I could not understani why.

The President-Who was it? The Master-The Boatswain and I think soincons else, but there was no reason for them to come.

The Mate-What condition were

were you in joining the ship? In my ordinary con dition.

an

What did you do when you reached the ship? I went straight on the bridge

John Barr, the Chief Engineer of the Shui Un was then called. Having sworn to his previous statement be said the mate

the bridge from 8.30 up to time of an- choring in Wong Moon at about 2.45 p.

Mr Shenton, During that time do you think the mate was under the influence of drink? Yes. "He was under the influence of drink.

In reply to further questions of Mr. Shenton witness said:about 1.35. Fanton was talking boudly outside the Captain's door I did not see him again that night.

Did you see him at 7 o'clock Yes. Was there a cow going on between Master xod mato? No..

Was the Master sober during Moon and Hongkong? Yes. whole period of th oyage between Kong

Did he give the mate any cage to abuse him? No.

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Capt Lloyd Did you hear the Chief Officer criticizing the actions of the Massor at any time? No, I GEN

The President.Has there bear any friction between the master and mate previously No. They were good friends the 18th 7 No. Steams was ordered for The G1 in the Bipe Dress, by Richard

Was there any delay in your saling pa feria Liberty Dij Lova, by Jamon Blyik | COST CF BUNK 5.30 ... we left at 5.49.

Did you see the master that night?

tracy to-day, fined $250 for selling beer deck the Mate used Elthy and abasive scher? Yes.

nad sake without a licence:

language to me.

Ou Lieut. Beckwith intervening the master repented the expressions used and added. And others.

- Answering questionsby the Chief Justice witness said the fer Co, dida good trade with ordinary household "vonemets, hat they also load arany customers wise inaight by the tem **

What sort of cuntersign world they etmey to-day, spotenved to six weeks"-bard in a fit condition to carry, no the ship? I

Shipping customers.

What would be the largest size of a bluck

of clear ice, irrespective of cure," which could be got est of ooe of the Milling Co's

For snatching money and articles of jewellery tub matives were, at the Magis-

labour and four hours' stocks.

CORRESPONDENCE.

blocks Abuolutely clear ice, it would THE CANTON SELF-GOVERNMENT

only be about a quarter of an inch thick

and aix inches aquarṛ

core.

SOCIETY.

(To the Editor of the “China. Mail").

I am not talking about needles, but the

What size block could you get from SIR, Io the published reports of the these blocks without the core?—Almost half | moutings of the Sulf-Government Society of Canton to discuss the Fatehan incident,

of the blook,

The Puisine Judge-About 251be?-About 201ba.

I see that the Chinese insist that tho Portuguese Conmal at Cautan should try! The Chief Justive-There is no subthe Norenbe case.. It seems a pity that stantial difference in the quality of the ice? nobody should have thought it his duty to

Mr Shenton: Was he, in your opinion,

ordered him, off the bridge.

What did he say then? He would see mie in Hell first. He would not go to his room but stopped on deck still abusing,

About this time did you say anything about anchoring in Weng Moan, Belize we got to Wong Moon I gave the pilot orders to anchor there and wait for the up-cuning steamer.."

Did the mate say anything about anchoring? That was afterwards.

This abuse continued till Wong Moon It continued right up to Wong Moore At Wong Moon the Chi-1 Officer told me not to chor

FLC.

W

Can officers. btain quee any hour day night Tex-

you think that the mate was sale to take charge of any ship in his condon at Wong, Moon? Yes. I think so.

Mr Hanlon then asked. Do you remember on the evening of the 18th waiting half an hour for the Captain? No.

Was I on deck talking to you when the Shunlee passed us in the Saitian Channel? Yes.

As this ego the case was adjourned for the tiffin hour. On roaming the Pint was called and gave evidence to the effect that the mate was under the in- fluence of liquor while on the bridge. Be also mail the master told him to sochor at. Woog Moon, while the mate told

him go on He said the master and mate aurelled and he heard the mate threaten the Cartin and speak luadly to him. The quarter master was next called and gave evidenca which roborated the

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стъче

How long did you stay on the bridge?

similar evidence. Mr. Shenton intimated to It was only a question of needles?--Yes.enlighten the firebrands of the Self-Gov- Until we were anfely at ancher. Ies for ice it in the sanie ?--Yex.

erament Society that even if the Portuguèsa When you went to your cabin what did the President that he had concluded his But for the presence, of these air con- Consul feels inclined to oblige them, he the man trout of my cabin xwing abusive male his statement. He and the captain

mate do? He kept pacing up and

Mr Hanlon then went into the box nad ducting needles and core there is no differ cannot not do it, as he has no jurisdiction language. ence ?-No.

in the matter at all, according to interna Tatil what time did the mate remain on did not appear on deck from the time he Do the customers object to the presence tional law which, distinctly lays down that the bridge? He kept going in and out of got on board at Hongkong till the steamer

of these needles 7-We have had no objecang.occurrence on board a ship is to be con. his cabin till 2 o'clock in the morning.

tions.

Bat you sell blocks of ice with needles;

you don't cut off the corner of the blocks

sell them.

"Too bad for us to sell. "

of the country to which the ship botongs,

**

After 2 o'clock how long did he remain sidered as having taken place in the territory in his cahin? Entil 7 o'clock.

What time did you leave Wong Moon Therefore any crime committed on board's At 5.30.

what happened? At Tam.

The

HONGKONG.

DTY Ntour Telephone i 192.

arrived at Kong-moon..

The President. What do you mean

to Bay 1. What do you suggest was the reason

THEATRE

ROYAL

by ho did not appear on deck? He was under the influence of liquor..

CITY HALL

6 NIGHTS ONLY

COMMERCING

Flave you any wilmases? No. which have air-holes in them, do you Be tial ship, oven by a foreigner, come

mate What is the use of making a statement In case the blocks are very bad we don't under the jurisdiction of the British nation, Game out nud consuanced abusing mo agent you can't substantiate it!

This abone Insted from 8 p.m. 'to Hanion di ntinuing, said he would state What do you mean by "sery:bad?"— Moreover, the alleged rough-bandling, took.. a. till you reached Hongkong-onth that the Shui On had to wait thirty place shortly after the Fatshen left Hong. Did this impede put in your duties as mirates for the Captain on the Sunday Do you mean worse than the Milling kong, is British territorial waters. Theru. master of the alip? It was very annoying night before leaving Hongkong.

but it did not impedo me in my duties: The President, on reading Mr Hanlon's WEDNESDAY, August 11th. Company's Not so buil

fore, if the relatives of the deceased are not. What should you say was the condition previously sworn statement, asked him if Replying to the Paiste Judge witness satisfied with the decision of the British of the mate at 7am. on the 20th? He he wanted to add anything further

had sobered up. said the Ice was not a had as that of the Consulat Canton, the only thing they can

What happened" when you reached “He went, auhota hai aron an Milling Co.'s which was still in the Ice pechape do is to take proceedings against Hongkong Co.'s store. If so, they would not put it Norouhs in the Hongkong Courts. Surely the ship had made it..

Lieut. Beckich-Is it not coömary there must be some enlightened Mandarin

for the

mate to ask leave before he goes acie for two years and held that the

It is unt the ship is made fast and their duties are proved

on the market

همه

t this point our reporter had to leave.

The rest of the evidence will appear to MAURICE E BANDMANN FESENTS

mo.row.

The Court suspended the Mate's cexti- THE MERRY LITTLE MAIDS

COMIC OPERA CO.

Do you mean it would not sell ?-Yes. Canton who knows all this. Is it the ashore customary to na leave. When allegations against the master had not been

Why We want to keep up our reputa-caso that the provincial authorities of tion for solid ice.

Canton have been superseded by the Self

You think that reputation would be Government Society? In any chee, it restore What was the condition 4 now ship's raddag has bear tested on damszei 1—Yes.. -

Janies Leolam, a Etter engaged by Mr. Rennia to take charge of the filling Coin- pany's ice pinnt, then gave evidence, saying that at the trial the block of Ice, brought; bear from the Ice Company's factory wan

locks as if the Society were running the show et present-Yours faithfully,

OBSERVER

The U. 8. Department of Justice is

three times the sins of the blocks produced being unged to take severe measured against by the Milling Co. plant and was perfectly the Japanese rioters in Hawail. It is clear, while that of the Milling Co. argued that they should be made an filled with air-needine. There is no comparison between the ices. The Millingample of for the sake of future order.

Co. ice plats was quite separate from the

milling plant.

Mr Davidson, managing clerk for Mess Hastings and Hatipgs, gave evidence as

40 Earing diawn up the agreement for the

MeNet addressing the Court for the defence, sought to draw distinctions Sewers What Akinny had alleged and

PROPER TREATMENT FOR

DYSENTERY AND DIARRHOEA

HE great mortality from dysontery and

of Hanlon a coming on board spin

Me Shenton

Ho was intoxiosted.

Black Beckwith How do you know? By his nations.

Тнова

Did Hanlon come on the ship? Not for about twenty minutes, your Worship rudder. But when they are open as Aug, 18th,

What did he do when he did me? to the assistant manager and the compra Used very insulting" and abusive language

woods is ads in workinged, helves Aug 1, motorboats, with very satisfactory results. which when extended (like an open book)

arms completa circle. When shut (like closed book) the wings act as an ordinary Fa

karew action of the propeller, instead of forcing the bond forwards, throws tão which acts as a brake. In this my the water back on the flat surface of the madne What did he call him? A damned coolie. Bost can be brought to standstill with the dag, 14th, Me Shenton-What did you do Ele engines still racing fall speed ahead, and if was so abusive, and threathing that I the dyes of the rudder be brought stall further round on their hinge, so asko in came up to the Harbour Office for siseline towards the ades of the younel,

What happened at the Harbour Offee latte begins to move astra, with the prong, they

peller,

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"SOLD! "THEW WORK

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A diarrhoea is due to a lack of proper Harbour Blaster gave an order to have the

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