1921-08-18 — Page 4

E

WATSONS Farch whist

ESTABLISH

THE CHINA MAIL.

sterling a picul. It is in world wide demand, for we redistributed most)

WATSON'S of it among nearly twenty countries.

E"

WHISKY

EQUAL TO ANY BETTER THAN MOST.

A. S. WATSON & CO., LTD.

Wine & Spirit Merchants,

Phone 616.

•Powell

Wm.

TELEPHONE 346

BETWEEN SEASON SUGGESTIONS!

FOULARD SILKS.

UNIQUE AND EXCLUSIVE DESIGNS.

"LUVISCA"

No doubt there are people in Hong keng who do know what it is; we bg of them not to feel too superior to the rest of us. Germany sent us Ell worth of brushes that quarters per- haps whitewash brushes. The book does not particularize. Of 65,000 piculs of peanut oil that came from north China. how much was shoved on us as olive oil? We sent a charter of it to Malaya. We skip the piece goods, because we learned from preface that the expor: figures may easily mislead, owing to the local habit of shipping. Ten pieces" imported way easily go out as twenty or thirty pieces from which it is evident, is it not. That we do not ex- port all our scissors. Presumably the figuras purporting to show the import and export of "banknotes' cannot be exact. We do not see how they can. Then what are we to think

23

SPECIAL CABLE.

`ANOTHER SHANGHAI

BENSATION.

A STORMY PETREL OF THE LAW.

!Chine Mail SPECIAL,1

THURSDAY, AUGUST 18, 1921.

LOSS OF THE "LUEN ON"{ returo, and take on extra coal Captain

MARINE - INSURANCE LAW.

INTERESTING JUDGMENT.

NEW TRIAL ENDS IN PAVOUR OF THE DEFENDANTS.

Wheeler considered a 'reasonable precaution in view of the weather.

A GOOD STORY

This is the plaintiff's evidence on BUT FINED ALL THE SAME. this issue,

The defendants called Mr. Thom- Before Magistrate "Landsell this. son, Chief Boarding Officer Harbour morning, a Chinese was charged with Office, a master mariner with 12 the unlawful possession of a revolver Tears experience of the China seas without a permit. Mr. Leo d'Almada, and for two years on the Hongkong-who appeared for the defence, ad-

Manila rus.

An interesting judgment relating

Mr. Thomson knew the "Loen On " |mitted technical offence and said to marine insurance was delivered in well when she was on the West River that if the Magistrate wished, he SHANGHAI, Aug. 18.

the Supreme Court by the acting run. From June 1915 for about two could sell evidence to show that the Chief Justice (Mr. H. H. J. Gompertz) years he boarded her every time she weapon belonged to a man who re- Another Anerican litigation sensa- tion was announced sesterday after this morning when be gave his re entered the barbour-say once a cently arrived from America by the He states that, given the 15.3. "China." He had stayed a few on. F. S. Fleming, attorney, is served decision on the action, arising week. sued by the Philippine Bank fer out of the loss of the as. "Luen On," agreed facts, that she had been days with a friend in Hongkong, and in connection with which bis pre-strengthened for this trip, that he had when he went to his native village, hundred thousand taels are claimed vious judgment was set aside by the a sufficient crew sad that the weather left the revolver and some luggage on two charges.

was normal monsoon weather she in the charge of the friend. The man Fall Court and a new trial ordered.

The plainult was Yeung Kwong should have no difficulty in making died a few days after he arrived home. yung, trading as Mat Taze, and the the crossing to Manila.

and his widow seat the defendant, a defendants were the Young' Shing

In bis own experience two vessels relative, down to Hongkong to claim Insurance and Investment Co., Ltd. considerably smaller than the Luen Under a marine policy of fasurance On" had done the trip in safety. He the deceased's property. He was the plaintiff claimed from the Com would be perfectly willing to take her boarding the steamer to return to

alleged breach of confidence. Six

JAIL AND CAT.

of an importation of 2380 worth of HIGHWAY ROBBER SENTENCED! pany a sum of $20,000 in respect across himself provided she were pro the country when the lagrige was

aeroplanes from north China ? Of mater cars we imported £35,387 worth. and kept more than half of them. The et came from the USA.

YOUNG LADY ATTACKED,

of the loss at sea from ap unperly ballasted. He puts the approxi-searched by the police and the re- known cause of the ss. "Luen On." mate ballast for the "Luen On" for volver found. The defendant. Mr. At the original hearing, after the this voyage at 2:3 of her carrying d'Almada said, was ignorant of the.

closed, plaintiff's case had

the capacity, or 120 tons, exclusive of contents of the deceased's boxes" defendants' counsel submitted that bunkers. I may remark that allow until they were opened by the search- This month's Criminal Sessions did there was no case to answer since it ing 20 tons for bankers this would not last more than fifteen minutes had not been proved that the ship give her 140 tons deadweight. With The Magistrate in posed a fine this morning. There was only one

was lost through one of the perils 80 tons, be says, she would not be of 850 and ordered the confiscation care and in that a plea of guilty was specified in the policy, namely "rocks, properly ballasted for a voyage of

waves, typhoons or wind.” The that kind, A Chinese of unintelligent looks shipping company had been unable I bave then two witnesses, both was placed in the dock before Mr. J. to state the precise cause of lass as practical seamen, giving diametrical - Wond, sitting a Criminal Court the ship has never since been beard by opposite opinions as to the proper judge in the Summary Court, charged of. The acting Chief Justice upheld amount of ballast. with having on the evening of August the point and gave a verdict for the

£19,190 worth, the UK. following with £9,602 worth. America also leads in supplying us with motor cyrles The iteni cosmetics we entered. ignore: it is none of our business to give away the secrets of the Hongkong ladies. A little embarrassed, we tur. Ltd. the pages more hastily, skipping **** | largely, only to discover that we ex- port five umbrellas for every one we uport. which does not seera tight, somehow. After all, any deductions or inferences we make are almost certain to be wrong. Why go on with it!

AN IDEAL COTTON CLOTH FINE MERCERISED FINISH. AND A HIGH REPUTATION WASHES EXTREMELY WELL.

SPONGE CLOTH.

ADMIRABLY SUITED FOR TENNIS--GOLF. ETC WHERE SOMETHING FIRMER THAN EVERYDAY WEAR IS NEEDED,

CAR OWNERS.

Prolong the life of your Car by keeping it in condition. Inspection monthly by an Expert Moter Engineer will cut your Repair Bill down and save you Expense, Time, Trouble and Annoyance.

For particulars apply to

E. MOW FUNG,

F. W. D. Automotive Service Department, 60, Des Vœux Road Central

the first table in the book. Merely

LOCAL AND GENERAL.

A valuable collection of war stamps will be sold by Messrs. Hughes and Hough to-morrow afternoon.

Twelve vagrants arrived from Singapore by the .. "Fooksang" yesterday. They were referred to the S.C.A.. for repatriation.

Ped

The China Mail. noting in the second as we pass that on a business visit to Hongkong re-

PUBLIC

SZEVICE.

TRUTA, ZUSTICE,

HorrorG, THUESDAY, AUGUST 18, 1971.

TRADE AND SHIPPING.

3 helped a man at present unknown to rob Miss Julia Ahwee while she was riding in a ricsha in Kowloon.

Asked to plead, the prisoner in timated through the interpreter that he did nor steal the watch and ring That was not his business. The other man snatched them. He himself was asked to assist only.

His Honour: That means a plea of guilty.

Turning to the gentlemen sum- monet for jury service, his Honour informed them that they were dis charged and would not be detained

longer.

When the jurymen had cheerfully left the Court, Mr. A. Dyer Ball, prosecuting for the Crown, asked his Honour if he wished him to make a

statement.

THEATRE MURDER.

NO PERSONAL MOTIVE."

defendants.

tiff in the Court below that, having

Now it was assumed for the plain-

of the revolver.

TYPHOON WARNINGS.

The telegramis quoted below were The "Luen On," a steam launch gone out on November 9 with 80 received by the American Consulate of about 140 tons, started on a tons, reduced to 60 tons on her retorn, General from the Manila cbserva voyage from Hongkong to Manila on she set out again on the 16th with 60 terv November 16, 1917, after returning plus 40-100 tons, ballast and bunkers. 930 a m. August 18, 1921. to part from a previous start in con- Bat it appears from the plaintiff's (1). Typhoon in about. 132 deg. sequence of bad weather and taking particulars that the 40 tons taken on Long. E 29 deg. Lat. N. moving on coal as fuel and as ballast. She before her second start was entirely | WN.W has never been heard of since al bailast. Her bunkers then must have (2), Cyclone or typhoon South of though al: possible enquiries have been refilled independently of this 40 Formosa filling up.

tons, for it cannot be supposed that

said

Giving judgment, his Honour

This is a claim by the assured under a policy of marine insurance

What is in fact the opinion of the

Coxswain

to margin

Dixon v. Sadler.5 M. and W. 414. Weir v. Union Steamship Co, 1900 AC. 525.

Scrution Charter Parties and Bits of Lading articles 29 and 49.

Arnould sec. 717.

been made.

Mr. C. G. Alabaster (lnstructed by she went out with a deficiency of Mr. F. X. d'Almada) appeared to day bunker coal; so that she started to suppert the claim and Mr. F. C. the second time with 40 plus 80-120 coxswain found her getting danger- Jenkin (instructed by Mr. G. R. tons ou board.

ously light. Possibly again, ballasted Haywood) to oppast it.

Now 120 tons is exactly the load as she then was her speed was much less than 7 kaots that Mr. Thomson considered she very should carry to make her seaworthy, and this led the This 120 tons however, included the conclusion that ber bunkers, whereas he stipulated for of safety was too small and that it to recover from the underwriters 120 tons independently of bunker coal, was less perilous for her to retur His Honour replied in the negative $20,000 in respect of the total loss of of say 140 tons in all. It is not of than to proceed. Her best speed is During his absence in another and proceeded to pass sentence. the 5.5. "Luen Oa." The vessel was a course suggested that Mr. Thomson given as 10 knots; in bad weather at part of the ship about 4.30 p... The indictment, he said, charged the small steamer or large launch of the was aware reforehand of the actual 89; in heavy monsoon weather as 7. yesterday the cabin of Mr. W. H. accused with having participated in type currently known in the Colony figures, or that his evidence is not But this of course presupposes bee

highway robbery. From the as a river boat. Heogh, purser of the s.s.Clanrus," a

Her tonnage was the outcome of his independent berig in proper sea-going trim. Thert is no doubt that either insufficient was entered and a run metal stop it appeared that the accused and an She plied for some years between

evidence taken before the Magistrate 140: carrying capacity 180 tons.jjudgment.

Let me cow inquire into the reasons ballast or overloading may render a watch werth £2. 15s. stolen from the other man attacked Miss Ahwee Hongkong and the West River. In which led the coxswain to put back / vessel unseaworthy. perket of his cout.

O'Reilly v. Royal Exchange As- while she was riding in a ricsha on October 1917 she was purchased by into port. He was away for from

he evening of August 5 and robbed plaintiff who intended to send her three to four days, which allowing surance 4 Camp. 245. The police yesterday found thether of a gold ring and a gold wrist over to Manda. She had been pre the vessel the same speed, going and badly decomposed remains of a Chin watch. This crime the accused viously surveyed and pronounced Et returning, would carry her at 8 ese woman. aged about 40 years, in admitted at the police station for inland pavigation.

knots 300 miles, at 7 knots 262 miles un isolated stream at Hatsui Gap. after his arrest. He also ad-

Subsequently certain repairs and on her way across. The distance lo the absence of any marks of vio- mitted it belore the police additions were effected some of between perts is given as 630 miles lence, the theory is advanced that magistrate and he now admitted it in them suggested by the underwriters. of which 30 miles on this side and

I am clear that the "Luen Og" the woman was accidentally drowned this court. "The raedical officer at

Policies in three different com- 180 miles on the other side are while washing clothes in the creek. the jail has certified that you are fit canies were taken out for a total of sheltered water, leaving 420 miles was not resonably fit for the perils a ressel of that nature was likely to to be whipped," continued his Hon- $45,000.00 for the voyage from open sea, swept by the monsoon.

At either speed therefore she would meet on her voyage. See judgment of Between G and yesterday our "The sentence of the Court Hongkong to Manila.

that you be imprisoned for five years

The vessel set out for Manila on be more than half way across the of Cairns L.C. v. State Line Steam- morning, while Miss de Souza of No. I. J

with hard labour and be whipped November 9, 1917, but on the 13th, open water before she turned hack. ship Co. 3 A.C. at p. 77. Aimar Villas, Kimberley Road, Kow-with ten strokes of the cat."

she put back into port.

It is true of course that she was She left We have evidence for the plaintif | loon. was bathing in the swimming

The Court then adjourned, the again on November 16, at about 11 on the weather, which is stated to be not the type of vessel best fitted for bath at the V.R.C.. the ladies dressing prisoner, with a sickly smile, leaving am. She has not been heard of normal for the time of the year-navigation of this kind. She was, I take it, designed and built for inland. room was entered and her knitted in be custody of two burly Indian siace, and the presumption is that ordinary monsoon weather; the wea handbag containing a gold wrist constables.

she has been lost by perils of the sea. ther to be expected on that voyage waters; and her certificate is to this

effect. watch with a gold expanding band

The defences of want of interest at that season. worth $80 stolen.

It may be impossible to put a vessel and misrepresentation are not now relied on. I will deal first with the coxswain, whose competence of her class into the condition of sea- defence of unseaworthiness.

assume, as to the condition of his worthiness ordinarily requisite for A Macao shopkeeper. at present

Now the general principles of the vessel to meet that weather: why such a voyage. The condition is not however for this reason dispensed law as to seaworthiness are suf. did he put back to Hongkong? our exports of cement were much ports that about 11 am.. yesterday

Seaworthiness is The substance of his report made with The duty of the assured is to ficiently dear. greater than our imports. I we he missed from his cubicle on the

presumed; and the burdez of on his return is available. I refer to make her as seaworthy for the would have expected them to be, third door of No. 17. Square Street,

proof that the vessel is not the plaintiffs evidence at page 10 voyage as is reasonably practicable with Cement Shares still so high in four articles of jewellery worth $19), ALLEGED HIRED ASSASSIN CHARGED seaworthy is on the underwriter. of the notes of the earlier trial. for such a vessel by ordinary avail the brokers' list. we run the pages and $14 in all money. He us

In every voyage policy, as this is, "He, the coxswain, said the sea was able means-Burgess v. Wickham 3 over our thumb, keeping a sharp ere pects two visitors who called during

there is an implied warranty that very rough when he left, and the B. & S. 669, and see Arnould see 710.. open for salients. We imported no his absence and departed before his affair in the Woping Theatre on Tues- she is in a reasonably fit state as to all outside the Colony the

This duty was, I think, not fulfilled. Following the sensational shooting the vessel is seawortby, that is, that launch rolled and pitched, frst of

sea I see no reason why he should not granite, so we may claim to beat return. The police are investigating. day night, Yeung Ko 26, described repairs, equipment, crew and all was very rough and the launch was have satisifed himself before entering Newcastle, which has lately, it appears

as of no occupation and living in respects to encounter the ordinary not able to go on. Wind very strong, on the voyage by actual experiment imported coals. We took in £28,190

Leo Talant; a seaman of the s. room No. 34. Kwang Fat Boarding perils of the voyage insured at the and perhaps it would be advisable to as to the prop ballast for the vessel worth of Siamese teak and kept - Ben Keris" has reported to the House, No. 139, Connaught Road time of sailing. It is in fact a condi take more ballast. He asked for in a heavy beam sea. paper man to pretend any real in nearly half of it, unless this smaller police that his brother, John Talaat, Central, was charged before Magistrate tion precedent to the underwriters several tens of tous more" And on entitled to insured: it was his duty terest in them. It is so seldom that moiety went out in another column of the same ship, has been missing Lindsell this morning with the wilful for any loss incurred in the course of page 11, "I requested the broker toƒ the voyage insured: it was his duty disguised as furniture. We consult since 3 a.m.. on Tuesday. The fol- murder of Li Siu Faa. the leading the voyage. (Arnould Marine Insur inferma the insurance companies that not to enter upon it until be bad she had come back, and that the ascertained her proper trim. He is the index for furniture. but fail to for the second quarter of the current find it. We must. beware of rash loving description of the mac is comedian of the Chow Fung Ninance sec. 686).

given: Age 45, medium height and Chinese Theatrical Company.

Seaworthiness being a condition of coxswain had said she was too light not allowed to put this responsibility year just to hand from Nompta. conclusions, it is clear. Is Hongkong build, fair complexion, hair and

the contract, breach of the condition to meet the wind and sea, that he on the insurer; who if the condition the Goverment Printer, that we a large producer of arsenic? We moustache. When last seen leaving

absolved from liability. The accused, a thick set man, apvoids the contract and deprives the į required more ballast, and that I had of seaworthiness is not fulfilled is looked through them with consider imported two piculs that quarter, the ship on Tuesday morning he was dock, notwithstanding that all eyes in insurer, whether the loss can be trac- coal on board."

As to the defence of deviation, it able interest, and then wished our- from north China, more than enough wearing a dark blue cloth suit and the crowded Cours were fixed on him. ed to such breach or pot. It is im Again on page 15. "When the was urged for the plaintiff that, in selves more familiar with the contents to poison every Constitutional. and

Replying to the Magistrate, he said material that the unseaworthiness coxswain returned he informed me the circumstances, the master of the of its predecessors. Who studies other Reformer in the Colony, but green felt hat.

in a calin voice that he understood the was remedied before the loss. the ship was too light to meet the vessel in returning to port, acted with these massive compilations of figures we exported, in the same period,

A quarrel over money matters charge, but had nothing to say. (Arnould sec. 688),

weather outside, therefore he had to sound judgment as a prudent man, and in the interests of all concerned. -over 300 pages of statistics-and 180 piculs. If we did cat produce it

between a seaman and another Chin- Sub-Inspector Murphy told the Again, it is not necessary to enquire return for ballast.

Captain Wheeler has said that be The answer is, I think that why do they do it. if they do? We in the Marsian sense of the word, weese in West Point yesterday re- Magistrate that the police were still whether the owner acted honestly can understand the Statistical De- produced it conjurer wise, trom in- partment's part in it. It is their visible stocks. We ought to do sums sulted in a fight in the course of which investigating the case. He therefore and fairly in the transaction, for it is considers the return to port and take the

clear law that, however just anding on extra coal was under the stated by honest the intention of the owner circumstances a reasonable precau. in the sense of unusual weather but job, and doubtless they know the with the other quarterly reports before the top part of the seaman's left ear naked for a week's formal remand.

was bitten off by his opponent. He The Magistrate: Has any may be, if he is mistaken in the fact, tion. He says too that the Captain, rolely by the condition of the vessel maze and can find their way in it to us, may be. But why? Who would bled profusely, and had to go to the posed motive come to light for this sad the vessel is in fact not see that is the man in charge of the vessel, for which plaintiff is responsible and any particular fact or deduction. dream of taking so much trouble,

worthy, the underwriter is not liable. would be the best judge when he it was therefore anjustified. If how But as for the public? If any and for what useful purpose? We Government Civil Hospital for treat crime?

rent. This morning, with his head The Inspector: No, There is no Fee Eldon LC. in Douglas v. Scougall got out as to whether the vessel was ever, as in this case, there has been considerabis section of it wade imported £2,560 worth of gas in a mass of bandages, the patient evidence of any definite motive yet. 4 Dow 276.

seaworthy or not, that if the captain) a breach of the warranty of seawor- through these tables of figures, how Doesn't say what kind of gas; we can

about Evidence for the plaintiff was given said she was too light and needed thiness, such breach avoids the con- much of their real significance is but hope it didn't come in "on the appeared before Magistrate Orme to There are certain Tumoure

prosecute his assailant. After he familiarity with women-concubines, by Captain Wheeler, a master mariner more ballast that would be imporant. tract and so in any event the assur got?

From middle China came hoof." Our quarterly allowance of ad heard the story of the fight, the-but I don't know whether we shall with 25 years' experience of the China On the evidence as a whole I find ed is deprived of any recourse against £456 worth of bricks and tiles during beche de mer, 6,042 piculs, came that quarter. We split the consign- mostly from Australia, with East Magistrate fined the defendant $5, be able to support that or not.. It is seas and for five years on the Hong as a fact that the vessel came back, the insurere. See Arnould sec., 430-

and ondered him to pay the comonly a theory.

kong Manila run. He did not actually not because she met abnormal or note Z and sec. 688 raent up into eight lots, mided a Africa as a good second. This re-plainant $5 as compensation for what

It remains only to deal with the know the The Magistrate: You want

Loen On," but on her unexpected weather, but because the: Ettle,-£35 worth-and sent them minds us that the China Mail recently the police say will be permanent week's remand?

agreed dimensions he was able to work coxswain found that she was too light. plea that the loss was not due to the out particulars of her speed, draught, She had not sufficient ballast to face perils insured against. Evidence away again to Indo-Chino, Malaya, had a letter from a run in Dar-es.

disfigurement.

The Inspector: Yes. There is no capacity and coal consumption. He the ordinary and usual weather on was given fer the defendants as to Borno, south Chinn, the Philippines, Salaam, Tanganyika, waking us to

doubt that he is a hired assassin.stated that with 80-100 tons dead- the voyage at the time of the year the liklihood of the vessel having and the Dutch colonies, as much put him in touch with some Hongkong

There is no personal motive.

weight, she would be in best sea-going She was not in fact reasonably fit for been sunk by collision with a Chinese £162 worth going back to middle firm buying this strange sea-fruit.

The Lispector added that the trim. He assumed full bunkers, and the adventure. I have pointed junk, and as to the probability of such China. What does this mean? That Is any local firm interested sufficiently ARE YOU GOING ON A JOURNEY? people connected with the theatrical the ballast distributed fore and aft, out that at 貔 speed of: Ba collision being reported. "On tals CHAMBERLAIN'S Colie and Dia rh company would be leaving the Colony rather more aft. If she left the port knots, and even at 7 knots, point I have only to say that, baring That we are, like some Hongkong who wishes to ship it here? After a Remedy should be packed in in a few days, having cancelled their with 80 tons of coal including ballast the Luen On" would in two days given my best sttention to the matter, firms, mere middlemen? Or that this that comes compoy," 1508 picule, your baad 4sse when ing on a engagement here on account of the and bunkers, she would be, he said, have reached a point on her voyage I still consider that if she had been particular quarter of 1921 was some and we haven't the least idea what journey. Change of water. how different from other quarters? it is. The nearest we can think of sub-aud this med ine cannot be police might ask the Magistrate to

emperature all tend to produce bowe tragedy. If the case were ready, the seaworthy as far as ballast was cop when she was nearer to smooth sunk by collision the probabilities water on the other side than she was are in favour of some news of the We do not know, and it does not "com pole," a toothsome staff down

Again, if she returned, having burato her starting point. Why then did disaster being available seem worth while, with the thermome Alabama way Coupoy," what

ed, say, 20 tons, and went out again she put back to Hongkong? Fosalbiy On the case as a whole the plaintiff with 100 tons on board, she would be after two days' steaming on a coal has, in my oploton, failed. There der where it is, to enquire. That is ever it is, is vaised at over twelve,

seaworthy as regards ballast. To consumption of 6 tons: a day, the must be judgment for the defendants.

Frequently the year is two thirds gone before we get official reports

for the year preceding, and it is by

that time difficult for even a news-

we get dara as fresh as the Trade

and Shipping Returns, the volume

we use no bricks and tiles ourselves? to have its address mailed to a man

diet an

ved en bard the train or steamship it my se much suffe ing and ino- sunienos if you have it handy. „For sale by all Chunistą and storekeepers.

fix an earlier date for the bearing.

The prisoner was provisionally re- manded for a' week!:

A

cerned.

He was not

return was not neces

stress of weather