240
24 HOURS.
July 16.
Mr. John Melville Anderson, mas- ter mariner, was the plaintiff in a Supreme Court action this morning in which be claimed $1.515 daniages from the Man Wing Steamship Com- three pany, this consisting of months' salary in lieu of notice.
Mr. H. G. Sheldon, instructed by Mr. J. A. Gordon Leask, was for the plaintiff and Mr. F. C. Jenkin. in structed by Mr. D. McCallum, was for the defendants.
28
Mr. Sheldon Baid that 312 Anderson joined the employ of the chief olfeer of the company "Haitan" in December, 1923, and in January of the following year was appointed master, continuing in that capacity until November of that year. His appointment us maxter followed the proceeding Home of Capt. Jones and it was on Capt. Jones's recommendation that Mr. Anderson was appointed.
The interview at which the ap pointment was made took place in the presence of Mr. Chang, the managing director of the Company, and Mr. Ho. an interpreter. Capt. Jones and Mr. Anderson being the unly others present.
At that interview, Mr. Anderson would tell the Court that there was no question of notice discussed at alt.
There was no written agree- ment but it was verbally agreed that Mr. Anderson should take over at the same wages and emoluments as Capt. Jones.
No Reason Given.
In November 1924 when the ship returned to Hongkong, said Mr. Sheldon, Mr. Ho came on board and handed Mr. Anderson letter terminating his engagemebl. No reason was given and Mr. Ho said he could give none. It was not his
owners.
Mr.
2
doing but the decision of the Anderson a month's wages which Mr. Anderson refused. Anderson had an interview with the Harbour Master also with the
Io offered Mr.
Mir.
secretary of the China Coast Offi-
cers' Guild as a result of which he saw solicitors.
Mr. Anderson had not been able to get employment after his dismis sal until January of the following year when he accepted a position as third officer on one of Jardine Matheson's coastal hoats.
OVERLAND
CHINA MAIL
China Coast Experience. Mr. Anderson then went into the witness box and bore aut counsel's opening remarks. He had had twenty years' experience of the China coast, he stated, eleven of which had been with Messrs. Blat- terfield and Swire as second and chief officer.
Cross-examined by Mr. Jenkin, witness said that bis salary with employ of defendants worked out to Jardine Matheson's after he left the
about $237 month. He joined them on January 17, 1925.
Mr. Jeakin: So you were employ ed for 37 days of the three month in respect of which you make your claim.
Witness: Yes.
Mr. Jenkin: That reduces your Claim to $1,234.48.
In answer to further questions, Witness said that as chief officer with the defendunt company had been on a 24 hours' agreement.
An Old Friend.
Mr. Jenkin: Capt. Jones was a very old friend of yours?
Witness: Yes.
Mr. Jenkin: And do you mean to tell us that he neither mentioned to you neither did you know of your own knowledge that he was on a 24 hours' notice agreement?
Witness: Yes. It was not until his return that I found that out. le suid he forgot to tell me.
Mr. Jenkin: The question of the period of your service and of pos Bible length of notier is one of the
most important points to consider when entering into an engagement, is it not?
Witness would not commit him- self in reply to this question,
The evidence of Mr. Anderson having concluded the case for the plaintiffs. Mr. Jenkin briefly ad- dressed the court before calling Mr. he Chang to give evidence. He spoke notice of the practice followed by the de- When he was master fendant company in engaging mas- of the ship the chief and 2nd offi- ters on 24 hours' notice and said rers had been on 24 hours' notice that it was incomprehensible that agreements,
this very important factor would have been entirely omitted from the interview, as a result of which Mr. Anderson was appointed.
Mr. Jenkin put it to Mr. Anderson that what had taken place at the interview was that he had been engaged "on the same agreement" or "an the same terms" as Capt. Jones.
This witness denied and said that and only the question of wages
moluments wus discussed. The interview only lasted a few minutes, Mr. Chang could not speak English and Mr. Ho interpreted and Lold witness that Mr. Chang was agree. able to his being engaged on the same wages and emoluments us Capt. Jones.
"Allee Same Agreement." Mr. Jenkin: I put it to you that foes in broken English "allee same Mr. Chang said to you and Capt. agreement. Capt. Jones: 24 hours Guishee," and that you, or at any rate Capt. Jones, said "Yes"
Witness: No, that is not so.
Mr.
Chang did not speak even in pidgin
English.
Mr. Jenkin: Would you taken the position if it had offered you on those terms?
Witness: No.
have been
Mr. Jenkin: Why not? Witness: I would not consider it proper agreement for a master. Asked what ships other than the "Haltan" he had been master of on the China coast. Mr. Anderson re- plied that he had been master of the "Chuen Chow," a river boat, and of vessels in Australia.
The whole question hinged on the interview at which Mr. Anderson was appointed, said Mr. Sheldon. Mr. Anderson had no knowledge as to what notice Capt. Jones was on. It was not until after his dismissal that Mr. Anderson found out that Capt. Jones had been on a written agreement under which he was liable to 24 hours notice.
When you joined wa.. however, in Mr. Anderson's case no written agreement and he Jardine Mathesons after your dis- were on a 24 hours' Mr. Sheldon) claimed that Mr. missal you Anderson was entitled to reason notice agreement?
one would haye
able' because
There
Mr. Jenkin: Were you not under 24 hours' notice agreement as naster of the "Chuen Chow?"
Witness: No. Mr. Jenkin:
Witness: Yes, as junior officer.
July 16.
In his final address on behalf of the owners at yesterday afternoon's hearing of the case in which Mr. J. M. Anderson, master mariner. claimed $1.515 from the Man Wing Steamship Company as
wages in lieu of notice of termination of a verbal agreement for his captaincy of the s.. Haitan. Mr. F. C. Jenkin dealt with the element of hardship which might appear on the face of things. Ile would like to point out. though, he said, that Mr. Anderson Jones went home on private affairs by the fortuitous fact that Capt. in 1924 stepped into a job whereby his salary was doubled for a period
of ten months,
veivable
Mr. Jenkin said it was incon- thut. although Mr. Anderson was working on the same ship as Capt. Jones and was a very great personal friend of his, he was not aware of the conditions of Capt. Jones's employment whereby he could be dismissed at 24 hours notice.
[No. 2998-July 22, 1926,
thought that there would have been discussion of terms of employment. It was also remarkable that in handing Captain Anderson a letter lismissing him at 24 hours notice Ho should have offered him
In month's salary in lieu of notice the first correspondence between the solicitors there was nu mention
H
of this. The first letter from the plaintiffs was to the effect that the claim was for wrongful dismissal and that Captain Anderson was en- tilled to three months' notice. was rmarkable if the solicitors had
Jt
known of this that they should not have mentioned it in their letters. it would have Had they done so strengthened plaintiff's case.
Captain
whose Jones,
place plaintiff took, was in fact on An agreement determinable at 24 hours notice and he found it difficult to understand how, when the four men met. Captain Anderson was not in possession of this information.
It was to him a matter of regret
that neither side had called Captain
Jones.
The question of 24 hours notice was evidently present in the mind of Chan and it appeared reasonable to suppose that this important mat- ter was mentioned at the interview. He came to that onclusion without finding that Captain Anderson had deliberately attempted to dereive the court, because the meeting saera- ed to have been short and informal and it was possible that the plalu- i did not fully apprehend all that He entered judgment for defen- dants, with costs.
took place.
+
CAPT. MACINTOSH.
T
July 16,
Capt. W. Muclatosh of the pirated 8.8. "Tungchow," (seized in January last by Cantonese pirates near Weihaiwel. Iaken to Bias Bay and then abandoned) is leaving for Home.
Capt. Macintosh. is one of the China Navigation Co.'s best-known skippers. and he left Shanghai last week for England on the P. & O. He had to have a 8.8. "Karmala.” foot amputated. as a result of the wound he received when the ship was seized.
He also asked the court to dis
The pirates tried to compel Capt. regard the statement that had the
He re- matter of 24 hours notice been MacIntosh to surrender.
As a consequence, breached Capt. Anderson would not fused to do so. have accepted the terms of the the pirates shot at him, and Capt. There was evidence Macintosh has been in hospital aince having his agreement. before the court that he was on a practically ever 24 hours agreement with the same wounds treated.
Three men arrested on a B. & S. Would he firm at $320 a month. have refused a
the same boat later and identified as mem- job on terms of determination at a salary bers of the pirate gang
bai. about double that?
squad in the native city at Shung- their death recently before a firing
"Remarkable Version.**
went to
His Lordship in delivering judgment said Captain Anderson's ver- sion of the interview was remark- 'able notice, this being three months.
No. 2998-July 22, 1926.)
THOUGHT FEELING.
July 16.
Professor Maximihen Langsner,
a Pole who has devoted his life to the study of telepathy ("thought feeling," as he prefers to call it) and hypnotism in at present in Hongkong in the course of a world
tour.
The practice adopted by Prof. Langaner is to make a prolonged stay in each country for the pur- pose of carrying out observations which will enable him to perfect his art. He realises that this cannot be accomplished in the space of a few weeks such as might enable a novelist to write a pasanbly good novel with certain local colour. His study of the psychology of the peoples of the various countries in cluded in his itinerary is extended over a considerable period. He has been on his travels for some years and intends to devote another two or three to life in China and Japan. The countries he has visited in the
course of the present tour are Greece, Egypt. Persia, India Indo-China.
or
Prof. Langsner has given demon- strations in Telepathy in some of the places he has visited. Such demonstrations are not, however,
OVERLAND CHINA MAIL
KIDNAPPING CASE.
July 16. Further evidence of a railway
PUPILS WORK.
July 16. The end of the term at Victoria
FATAL WOUNDING.
July 16. The inquiry into the death of a
Chinese who was shot by a deter- tive was resumed before Mr. R. E. Lindsell and a jury at the Central Magistracy to-day.
porter from Taipo and a woman British School (East Point) was
a house at Second occupier of Street was called at the Central made the occasion of an open day, Magistracy this morning in the parents and friends visiting the
Evidence was given by the con- case in which a Chinese woman premises this morning and taking was charged with alleged kidnap advantage of the opportunity of stable of firing four shots with ping of an eleven-year old boy. seeing the work done by the the intention of stopping the man Mr. E. S. C. Brooks appeared young pupils during the term and who escaped after discarding his Previous to that the detec- of observing the excellent system coat. for the defence.
tive had carried out a search and After hearing evidence, Mr. on which the school is run. Lindsell considered that. the
The basis on which the methods found a dagger inside his cloth- charge could hardly be maintain- of instruction are founded is that ing.
In his summing up to the jury. ed, as the defendant had made no the pupils should actively co- secret that the boy accompanied operate with the teachers as much Mr. Lindsell said he saw no rea- her on the train and in fact had as possible. In this particular, son to doubt the evidence of the of events constable which was corroborated told the principal tenant about it. the representation
material particulars He held that the boy accompanied which are under study by means in al!
One very strong the woman of his own accord and of tableaux constructed by the other evidence.
by
he did not believe the story that pupils themselves is worthy of corroborating point was the evid he was dragged into the train. mention. The pupils are encour- ence regarding the character of The defendant was discharged aged to cut out from picture books the deceased. No one had come with a warning and the boy's bro- the several ingredients to the forward to identify him.
Dealing with the use of fire- ther, who was present in court, scenes, the idea being that, pic- was ordered to look after him in Lorially represented, they convey arms, Mr. Lindsell said that shoot- future.
a deeper meaning than mere words can do.
DEEP-SEA FISHING,
July 16.
If they be-
was permissible in certain cir- The story of cumstances such as in chasing a "Hiawatha" is under study at the man who is suspected of having moment and the students have committed a felony. helped to construct the actual lieved the constable's story that scenes, with wigwam. Indians and the dagger was found on the man. then it was not an unreasonable A local deep-sea fishing com- all complete. the main purpose of his visit. De petition will be held towards the
Specimens of the work of the assumption that the man was a does not wish to pose as a charlatan end of this month for members of scholars in needlework, designing, felon, although the police had not and it is only if there is a genuine the Hongkong Angling Club if the stencilling, etc., were on display, been able to prove that a felony desire among the people with whom weather permits. Particulars as also some of the examination ing of the dagger gave rise to that had been committed. The find- he is staying for a demonstration to conditions will be announced papers, These were the object of in telepathy and hypnotism that he later.
much interest by the parents and unable to arrest the man by any suspicion. If the constable was would give them such an oppor tunity of appreciating ita possibili He emphasises that his feats are not illusions, in fact he prefers to have a sceptical audience.
tles.
If it should be practicable for a local demonstration to be given. Hongkong people will have the op- portunity of witnessing the re- markable
which Prof. Langaner
powers undoubtedly
posssses. In Indo-China, according to the Press, "his claim to read the mind of another was genuinely proved. It was the most convincing demon stration of telepathy yet given to a theatre audience."
Confirmed By Reuters. Similar appreciation is reported from the other places he has visit ed, glowing accounts being given of his almost incredible demon strations, sceptics who challenged him being reported as entirely con- vinced of the genuineness of his claims and subsequently becoming his friends and advocates. In Calcutta, where he was challenged make H long distance bele. pathic communication, he detailed what was happening in certain streets in Paris and London, events which were confirmed by the mana- ger of Reuters in Calcutta.
In Cairo, before packed audience five lions placed in arena were mesmerised and, in the wards of one of the newspapers,
to
A
ant
Members wishing to take part friends who were welcomed by in the competition are requested Mrs. E. M. Clark, Headmistress, other means, he was justified in to send their names in, as soon as and conducted over the premises firing to stop him. If further, in possible, to the hon. secretary, by the staff and pupils. Mr. E. B. C. Hornell, c o Messrs. Jardine, Matheson & Co., Ltd.
Mrs. Clark, in welcoming those present, thanked the parents for their co-operation in the conduct of the school and the training of the children and expressed the
yame
of special
firing, he killed the man, then the killing was in law justiñable.
The Verdict. The following were the ques- tions to the jury and their answers:-
Had the constable during the pursuit reasonable cause to sus-
mitted a felony? Yes.
If so, could he have effected an arrest by any other means short of firing? No.
Mr. Lindsell: On those answers I return a verdict of justifiable homicide.
A Chinese push cyclist was hope that they would continue charged at the Kowloon Magistracy Working together to the on July 15 with using a motor horn ends. Mrs, Clark also mentioned pect that the deceased had com- on his machine. Defendant plead that she was always willing to co- ed ignorance and
courses was discharged operate in with a caution.
training for pupils particularly gifted along certain lines.
A very pleasing programme of dances was then gone through, "became as quiet as the docile cats the rhythm and charm of move- of Angora." Whilst in Persia, the ment of the performers greatly Professor was awarded the order pleasing the audience.
In a statement at the Central of the "Sun and Lion" by the Sha
The younger
scholars and presented with a pair of Per "The Pipes of Pan" to the accom charged with the murder of his wife gave Magistracy on July 15, the Chinese sian carpets. Another test to paniment of the gramophone and which he was subjected in Indo the older pupils gave "Sleep attempted to stab him with a chisel. at Aberdeen said that the woman China was to drive a car blindfolded Fairies" and "Bubbles" to the He warded the blow off and the for a long distance, the occupants pianoforte accompaniment of Miss woman accidentally plunged the of the car being French, officials, A. E. Hendry, in charge of classes chisel into her throat.
Prof.
Defendant Langster is A gifted 6 and 7. linguist, speaking no less than six-
was committed for trial at the Ses The pupils taking part were:- sions. Leen languages. He was a personal Class 6: Marie Clarke and friend of the late Enrico Caruso Sidney Fowler. who was also a student of the Class 7: occult. Writing to him on one occa. siun the great singer said "You hypnotise the world with your eyes. I hypnotise the world with my voice. We are both hypnotisera."
Douglas Mackay. Douglas Taylor, James Clark, Alex Dorothy Moss, Peter Paul' and MacFarlane and Albert Moss, William MacFarlane.
Class 8: Mary Taylor, Ernie Fowler and Alison Mackay.
Infants ("B"): Florry Fowler, Stella Stevenson, Eric Stone,
Infants ("A"); Jean Clark, Robert Glen and Billy Gegg.
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