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Brereton's question was put was unnecessary, as the ran was giving his evidence in a perfectly straightforward way.
Mr. Brereton said his experienco was that the people who gave their evidence in the most straightforward way were those who had choked it up beforeband.
Mr. Sharp said that surely Mr. Brereton would not acouse the police of cooking up this evidence. Mr. Brereton said he would be very far from i doing that, but it was most extraordinary that this witness should happen to came down on that day, and bare such accurate knowledge.
His Worship said there was nothing extra. ordinary in what the witness had said.
Mr. Sharp said he had to prove that the steamer came from Canton and that was what this witness was called for.
Witness, in reply to Mr. Brereton, said he had often travelled to and from Canton in the steamers, which were always more or less crowded.
Wong Asani, a passenger in the Powan, was called by Mr. harp for the same purpose as the last witness. He was unablo to say anything as to overcrowding.
This closed the case for the prosecution.
Mr. Brereton, for the defence. then called Captain Carey, in command of the company's steamer White Cloud, said-I have been in the service of the company since its formation In 1685. I formerly commanded the Kin-han while she was running between Hongkong and Canton. The Kinshan, without overcrowding, inconvenience, or danger to life, could carry 1,500 passengers, supposing there was no cargo on deck. That would be a fair number. She could carry more. I am speaking of the main dock only. On the upper deck and including the Chinese saloon she could carry 400 more. We gouorally carry measurement cargo. 800 tons i would be an average load. I cannot say how much ! dead weight she could carry, perhaps about 30,000 piculs. It is sometimes very difficult to prevent the Chinese getting on board. I remember when I was summoned in September, 1878, for carrying an excess of nuinbers. I did all in my power to pre- vent overcrowding on that occasion. There is nothing to prevent overcrowding, but the four watchmen and the officers. There are no police available at a moment's notice to assist us. We might get assistance from the Chinose Autho. rities. When I carried an excess I had 1,684 i passengers on board. There was no overcrowd- ing then, and no difficulty in navigating the Vossel The average number of passengers de- pends very much on the passage money. 500 might be a fair average number of passengers carried by each steamer on every voyage connting from the commencement. Two steamers have been running every day. I have only known of one accident since the company started, when the superheater of the Kinshan burst and one man was killed. Supposing the same arrangement wore made with regard to the Canton steamers as is in force with reference to the launches in the harbour, namely, one passenger allowed to every seven superficial feet. I should say the people en the launches would be in the greatest danger, have commanded the Powan. On the main deck and in the holds I have carried 2,400 pas- sengers, and they were not crowded then. should say they were in a great deal less danger than the people on the launches in the harbour. I was not on board the Powan during the typhoon of 1874. I know she rode out that typhoon. I don't know how many passengers she had on board. Between this and Canton the depth of water varies from five to eight fathoms. The height of the Powan from her keel is about 30 et. The Kinahan is close on the same. If anything serious happened they could be run into shallow water. If one of the vessels sunk smddenly those on the top would be all right, Those down below would have a lively time of it getting up.
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By Mr. Sharp-The Poyang was lost between Hongkong and Macao in the typhoon of May, 1875. She had about 120 passengers on board. The Kinshon carries boats which might hold 360 wen.
The number of passengers carried can always be calculated by the amounts of money taken. Since the list case that was before this court the fares have been raised from ten to twenty cepts as a precautionary measure against too many passengers coming on board. There is nothing to prevent people coming on board the steamer except a gate on the wharf. The officers are stationed at the gangways! and endeavour to prevent too many coming ou board There are two officers besides four
watchman,
The officers are sometimes other-j wise engaged. Of course it is a very different thing for launches carrying a large number of passengers across the harbour amongst the ship. ping and a largo steamer geing up to Canton. į The Canton steamers are sometimes detained by the wasther for a portion of the night.
By Mr. Brereton-In case of detention we got into a secure anchorage, where we could get every passenger on shore in case of necessity. I still remain of opinion the passengers on these steamers would be safer than those in the launches.
Mr. Pagh, chief officer on the Kinshin, said that on the day in question there was great pressure on the part of the people at Canton to get on board. By order of the captain the gangway planks were hauled off, the gangways and ports closed, and mon stationed round to keep them off. Not- withstanding this they got on board by means of bamboos and grappling hooks. On this occa- sion it was impossible with the means at our disposal to prevent them coming ou board. I have heard the captain ask the Custom House officers at Canton to assist us in preventing them. I concur in the evidence of Captain Carer as to the capacity of the Kishun for carrying passengers. The passage from here to Canton is a very safe passage. There is little or no risk. I keep the log of the Kinshan. The estract put in is a verbatim copy from the log- book-The extract described the crowding at Canton.
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By Mr. Sharp-We were crowded at Canton and I had orders from the captain to allow no mors on board. I hare not made inquiries as to how many passengers were brought down that day. I coul bare ascertained, but I made a point of not doing so. I suppose there were about 120 taken on board at Whaupos. I did not know until the other day how many passengers the ship was allowed by law to carry. I had an idea it was about a thousand. had instructions not to allow the vessel to ba overorowited. I do oot know her super- ficial measurement, and my estimate of the number she might carry is simply my own ides. There are four watchman, one at each gang- way, to prevent overcrowding, as well as some of the crew. There is no preventive against people coming over the side of the ship, in the way of spikes or otherwise. On the day in question some one came on board in a steami lanach after we entered the barbour. Some people also came off in a pull-away bost two or three miles from here. I don't know whether they were passengers or not.
Mr. Brereton put in cortifloates from Captain Cairns showing that the superficial space on the decks of the Ponun was 17.32 square foot; that of the Kinshun 12,0`1 square foot.
Mr. Breroton then addressed the Bouch for the defence. He said it was not merely a ques- tion of money with his clients, but a much broader question, because that Ordinance, if not the farrago of nonsense be proclaimed it to be, would inake his clients guilty of some- thing lika manslaughter if an accident had hap- pened when there were more passangers on board than the Ordinance allowed, and therefore he was bound to protect them by showing the space on the steamers. He confessed he never felt in a more hamiliating position thau ho did at that moment. Here was a company established for the last fourteen years, which had tended very largely to build up the trade and prosperity of this colony, a company which must have carried to and fro since its formation not less than five or six millions of human beings. Yot it was aworn by the most competent witness it was possible to produce, that was Captain Cary, who had been in the service since the company was formed, that there had been but one casualty. If evidence wore wanting to show the care the company had taken of human life, and the admir. able quality of their ships, could there be a more prognant fact than that? Look at our railways in England and elsewhore. Not a month passed that we had not a sacrifice of human life to u most apalfing extent and logislation had been. found powerless to prevent it. Now, hore was a company doing a valuable service to this colony, making the colony prosperous, and now the company was brought in here and sought to be muleted in a large sum by the precious Or- dinance before them. It was humiliating to him as an advocate to have to defend the company from such a trumpery charge, it was bumiliating to the police to bring forward such a charge.
His Worship said it was the duty of the police
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