1919-06-13 — Page 3

INTERESTING SHIPPING

CLAIM.

VALUE OF A SHIP BROKEN'S TIME.

JUDGMENT FOR MESSRS SNOWMAN & Co.

At the Summary Court, yesterday, be fore Mr. Justice Melbourne, Messrs.

THI HONGKONG DULY PRESS, FRIDAY, JUNE 18TH, 1919.

ALLEGED ANTI-JAPANESE

**PROCESSION. DEFENDANTS FOUND GUILTY ON ONE CHARGE.

WHO RUNS THE PEKING GOVERN. MENTA

A large crowd gathered at the Magis tracy, yesterday, when the hearing was

A FACTION FIGHT

A SORT OF TRENCH WARFARE.

FIFTY-TWO MEN CHARGED,

A free fight took place in Jardine's Bazaar, on Wednesday night, between two factions-the Leungs and the Chings employed at the China Sugar Refinery.

The reason for the quarrel is not

THE LATE INSPECTOR TERRETT.

ACTUAL DETAILS OF THE TRAGEDY.

We have just received the following details of Inspector Tarrett's death: Inspector Terrett was ordered to proceed" to Canton to make certain investigations. He left Hongkong, and on reaching

Snowman & Co. claimed from Mesir, resumed, before Mr. R. E. Lindsell, of known, but it is believed that one of the Canton saw the Chinese Police authori

Qsawn & Co. the muri of 81,800 being rerauneration agreed to be paid by the defendants to the plaintiffs by agreement made on October 2nd, 1917, for services then about to be rendered 'by the plain. tiffs. The plaintiffs waived their right to $500 so as to bring the claim within the jurisdiction of the Summary Court.

Mr. W. E L. Shenton appeared for the plaintiffs, and Mr. E. A. Davidson for the defendants

Mr. Shenton said that the case was a

simple one; the Court had to decide whether or no an express arrangement was made between the plaintiffs and the defendants with reference to a certain sub-charter party, and the throwing, up The sub of this sub-charter party.

charter party which was connected with the action was with the steamship Sui Kui tot a period of eleven months, between the defendants and the On Wo S.B. Cc. The charter hire was $16,000 a month. and the charter party was arranged by the plaintiffs far the defendants. It was also arranged that the plaintiffs should act as general shipping agents for the defendants at 8000 a month, and the The arrangement was put into effect. charter party continued to rub for" a -considerable period, and Messrs. Snow- man & Co. were paid, as arranged, up to November 27th, 1917.

The general arrangements by Mears, Snowman & Co. were made with a Mr. Matsuda, who was then manager of the defendant Arm. 1917,"

1

the case against nine Chinese--eight of whom were little boys charged with (a) conducting a procession without a permit, and exhibiting a public notice with out the sanction of the authorities.

The two

factions invited the other to join & Trind Society. This they refused to do, whers- upon an altercation ensued. parties, numbering over 150 individuals, got into their respective quarters and The case at the last bearing hinged on commenced hurling bottles, stones, sticks, the meaning of the word "procession."chatties, etc. at each other. The Crown maintained that is meant a going forth in some kind of formal order The test of whether, such going forth was legal or illegal depended on whether a reasonable use was made of the highway." Mr Leo d'Almada, who appeared for

the defence, said he was prepared to go on with the case, but he noticed that the Captaic-Superintendent of Poller had not yet arrivodi

Mr. Lindsell thought the case could be proceeded with.

The chief accountant of the Sung Yu Bank, situated at No. 3, Bonham Strand Enst, gave evidence for the deler.ce. He was at the Bank premises on June 3rd, about noon, and had his attention drawn to some persons carrying umbrellas,

Mr. Lindsell: Boys 1-Witness: Yes. What order?-In twos and threes, vach file being about a cheng apart from the other.

They were not walking in an orderly fashion --No.

Severa!

members of one faction evidently knew something about warfare, for they spread amat over their verandah, behind which they took cover?

Mr. G. M. Shaw, the manager of the Refinery, informed the Police, and Sergt. Cockle and Evans, a Police Reservist, and, one Indian constables went to the scene. As the combatants did not dis- perse, the Police fired several shots inte This had the desired effect and the disturbance was quelled. The Police arrested 1 members of the two gangs, two of whom had to be sent to hospital, as they were suffering from rather serious injuries.

the air.

The fifty-two ofenders were charged be- fore Mr. R. O. Hutchison, at the Magis tracy, resterday, with disorderly conduct. Mr. Leu d'Almada appeared for the Leung faction, and Mr. E. L. Agassiz for the Chings.

Inspector Kent remarked that, the.

He asked for deterrent punishment to prevent a recurrence of these disorders.

Mesars. Almada and Agassiz said that binding the men over would be sufficient. Mr. Hutchison thought otherwise. He required that the men should put up a security of 45 each. They could very easily find that sum, as their claca were wealthy and well-represented in Hong- kong. He bound them over in a personal bond of $100 each, and a security or $25 each, to keep, the peace for six months.

Had they all umbrellas 7-Yes. Mr. d'Almada said that with the evi-missiles might have killed a passer by denos of the last witness the case for the defence was closed. He had other wit nesses, but they had not appeared, although he tried very hard to get them to come.

It was his duty. in the first place, to submit to the Magistrate-even Une day in October,suming that the meaning of the word Mr. Matsata left Hongkong, but, procession" as defined at the last hear before going away, be brought his succesing by the Magistrate was sound-that sor, Mr. Okamoto, to Messrs Snowman that interpretation was inapplicable to & Co. and, having introduced him, told the present case and to the Ordinance Mr. Edgecumbe of the plaintiff firm, under which his clients were charged. At that he hoped Messrs. Snowman & Co. the first hearing of the case, he had sub- would extend the same help to Mr-mitted that procession" was intended Omamoto as had been rendered in the to apply to an ordinary Chinese proces- sion. He did so again. He had also past him.

found out the actual reason of the Legisla ture for framing enactments regulating He would point out bow processions.

penal" or otherwise, should be

Mr. d'Almada read Broom's Legal Maxims

www.

requested bin to give the benefit of it to bis clients. There had been no obstrug tion for which his clients could be held responsible. If there was, the Police should have preferred that charge instead at the puerile charge that was added later.

ties there. They assigned him the usual escort to accompany him in his search, and, after making the necessary arrange, ments for the journey, he started for the East River, Waichow being his first objectiva.

Inspector Terrett and his escort took passages

Chinese terry-passage

boat, towed by a launch, which goes direct to Waichiaw. The East River wa dooded at the time and had a strong cur

reat.

At about a m. it appears that inspector Terrett left his cabin, and it is assumed that be overbalanced and fell into the river. Some women passengers, 'an adjoining cabin, heard a who were

also beard the splash and at once stopped heavy splash in the water. The steersman the launch. It was very dark at the time. An examination of the passengers" proved that the Inspector, who was the only whitaman aboard, was missing, and a sampan was lowered and a search party set out to scour the river. For over two hours a search was vigorously maintain-" ed, but without result. The launch then proceeded to Walchow where the accident was reported. A sampan was left behind by the launch as it bad not turned up when the launch proceeded. It appeared a day later, after the report had been made to the authorities.

When the launch reached Walchow a report was made the Chinese Magis trate there, and he immediately sent messages to the various villages down the river to be on the look out for the body. Besides these instractions be sant messages to the Chinese authorities, who, in turn, informed the British Consul at Canton of the unfortunate accident. These messages were subsequently transmitted to Hong. kong. On the day following the accident, at noon, about fourteen hours later, in- formation was received, that the body had been picked up by a fisherman at Pok Lo, several miles away. The body was taken to an old temple, and the Magistrate and Dr. Cousins, a mistoary, held an suspicious nature. A message was sent to examination. They found nothing of a the Hongkong Police that the body End been found, and Inspector Garrod pro- ceeded to Shck Lung to receive the body. Mr. C. G. Perdue, A.B. P., also went up to Canton to carry on investigations. After some delay, owing to various minor details that had to be attended to, the body was brought to Shek Lang on Today, and Mr. Perdue made investi- gations into the accident. being assisted by Mr. Wei Pui, the Secretary for the The passengers on the Chinese Police. boat were examined, and also the Capi The Captain Superintendent of Police tain, who had been detained but was sub- (who had just arrived): There was no sequently released. The conclusion they

serd

for that. To the Magistrate) I arrived at was that Inspector Terrett met regret being late, but I could not get off his death as the result of an accident and that no one was to blame in the matter. Mr. d'Almada: "No need for what?

Dr. J. T. Smalley held a post morten: Mr. Worte (to the Court): He said we

examination on the body when it was brought to Hongkong and found neither cp all the papers necessary for making Chinese only. He endeavoured to must prefer a charge of

gck a copy of Hansard for 1888, but was Mr. d'Almada: I said the cinim for damages; further that, if unsuccessful. In turning over the Hong Insector Brazil: It looks as if there injuries nor anything else suspicious.

During the hearing of a case at the Mr. Edgecumbe could not bring about akong Daily Freas for 1888, however, he

to boycott Japanese goods. vas an attempt & meeting of Mr. d'Almada de Inspector has no Magistracy, on Wednesday evening, the satisfactory result, the matter should be found there proceedings of handed over to the lawyers with instruc- the Legislative Council, held on January right to speak The C.S.P. is prosecut-Crown Solicitor referred to the death of tions to proceed. In return for this 13th, when these enactments were framed ing. Continuing, Mr. d'Almada naked the Inspector Terrott He said: Before pro- Bervice, Mr. Edgecumbe was promised the and these enactments were meant to apply Magistrace not to take into consideration ceding, your Worship, I should like to sum of 9000 a month till the matter was to religious or ceremonial processions what was happening in Canton, Shanghai, express our great regret at the tragic death of Inspector Terratt, who was in settled. If the claim was successful, Mr. That was, then, the real intent of the and other places. The Magistrate was Edgecumbe was promised, also, a bonus Legislature in passing those regulations not there to vindicate the US.. or the charge of this case (The Trade Marks He was not a branch of the cam heard by Mr. B. E. Lindsell). „I have for his trouble. According to this monies

Ordinance. His

contention, Lagsidence only, and if he decided that more particularly during the last three rangement. Mr. Edgecumbe formulated a therefore, was that the word

an offence had been committed to pass years, when I have had many cases with claim and presented it to the On Wo 8.Sion, in the strict sense of the Lo. Nothing this, and the watter was then handed over to Messra. Prosion. Chinese religious or ceremonial sentence. There had been nu, offence con: him. I found him to be a most efficient He submitted officer, and bis untimely and tragic death Hastings Hastings, and Mr. Edgecumbe Magistrate's definition was perfectly regarding obstruction had to attend the lawyers' offices on wound one, but, in view of the intention that his clients were entitled to be dis will be felt both by the Government and the Police Force. I only wish to express several occasions in connection with it of the Legislature when framing thos charged.

Mr. Lindsell: I find no evidence against our condolence to the widow and family, Messrs Hastings & Hastings commenced enactments, that definition could not be

to the

the defendants that they exhibited or and to convey our sincere sympathy to present case, regard to whether there was a carried a public notice, Duz i End them them in their bereavement.

stage

Shortly after Mr. Ukamoto took over it was decided that the Sui Kai was anseaworthy and dangerous, and that the

strued.. At this charter should be thrown up and a case for damages, started against the owners.length from Following on this decision, there were several interviews between Messrs. Osawa &Co. and Mr. Edgecumbe, and it was decided that Mr. Edgecumbe should draw

as to how statutes should be BETlier.

Proceeding, he said that

No. 3 of 1888 embodied certain regulations or acts which were applicable to Chinese

which came under the Belixioua Cere Police. He was bound to consider known him for a number of years and

meant

no

an action, and, before judgment was.obgion of no, the evidence of Inspector | guilty of forming a procesion. It seems

tained, the owners of the ship, the On Wo S.S. Co., paid to Messrs." Osawa" &

Bank

accountant.

4

Mr. F. X. d'Almada, who was in Court, said: Your Worship, on behalf of the air. Wolte: At the first day's hearing legal profession, I wish to endorse the I said the case was a paltry one and words of the learned Crown Solicitor in was promptly brought to book by your expressing regret at the loss of Inspector

I am not Terrott, Worship and Mr. u'Almada pressing for a heavy penalty, but I wish a substantial fine imposed.

Co. the sum of 816,000-a month's charter Brazil was that there was one, but his trivial matter. hire-as well as general damages amount evidence was neutralised by that of the ing to $30,000. That having been the

Mr. Lindsell: Inspector Brazil did set result of the action, Mr. Edgecumbe see the defendants at the same place. claimed, according to arrangement, the Mr d'Almada: That's a question of fact, sum of 8600 a month for the last thres ad I leave it to your Worship, months of the 11 months that had elapsed

Proceeding, Mr. d'Almada said that, so since the arrangements were made. The far as the faw was concerned, sum of $800 had been paid regularly for favour of the defendants..

Rocond

8 months,

Mr. Shenton, continuing, pointed out

Mr.

in

it was in As for the

Mr. Lindsell thought it unfair to fine small boys heavily.

Mr. Wolfe said that if small boy's defied the law they must accept the consequences.

he characterized it as the

with a

tag

Buy 80,

after

in

SPORT.

LAWN TENNIS..

R.A.M.C. "A" TEAM. 28tx CO. R.G.A. “A” TEAM.

that the claim was on an express, agro." If a person held an of their act. Demonstrations of that sort Fo (National Dearing the words 'would be sure to lead to serious breaches could that be of the peace. He called the Magistrate a ment for a sum of money agreed upon regarded as a public notice? No sane attention to what

was happening for services rendered. It was not a ques-

There was scma interesting tennis in would person

The words were Canton and Shanghai. In Peking, school. tion of whether the figure claimed was merely a description of the national boys were running the Government. As the Garrison League as the distr excessive or otherwise. The figure had

representative of peace and order it was Hospital, Bowen Road, on Wednesday, been fixed by arrangement, and the claim character of the article in question. That

be not considered a public notice or incumbent on him to take all precautions when the 88th Co. R.GA "A" team, was based on that. Fersonally be did proclamation in the Chinese language. to prevent any breach of the peace. although winning five sets out of the nine, not think that, the figure was high, be- It would entail a very great stretch of Mr. Lindell wished to know whether lost to the R.AM.C. "A" team by 3 cause, at that time, ship-brokere were imagination before they could include Mr. Wolte was of opinion that the pro points-30 games to 42 The gunners, doing very well indeed, and, having re- that in the category of public notices or cassion had been organised by the teacher.

Loo, had the distinction of winning ane gard to the value of ship-brokers' time at proc. Landsell: What about the obstruc belief, but there was no evidence to prove fourd and Davis "besting. Theyers and

Mr. Wolfe replied that that was bis

of their sets by nine games to love, Tal that period, the claim could not be re

His Lordship had to tion caused?

it. gard as excessive.

Demonstrations of that sort would decide whether or no the express arrange clients were concerned they did not, in and have a disastrous effect on the Cology. the lead, the last set commenced with the Mr. d'Almada replied that as far as his cause serious trouble, lead to bloodshed. Taylor by this margin. After "various Boy fluctuations, each side alternately taking ment had been made.""

Mr. Lindsell found all the nine defen- Mr. Clifford Edgecumbe, partner in any way, cause any obstruction. Other

dants guilty. He indicted no punishment scores level. The artillerymen started by the firm of Messrs. Snowman & Co., people might have followed them, but they

Suppose, giving evidence corroborative of Mr. Football match, the crowd going to take The Bidth was urdered to pay no. of ed that they might win the five necesar on eight of them as they were little boys, winning the Grat two games, and it seem Shenton's statement, said that his firm the tram obstructed traffic, were the foot.

for the victory of their team, but good had run the Su Kni for Messrs Canva ball players

held responsible. In this

play by McKechnie and Webb eventually & Co. and were paid $600 per month for CRM i few

gave the RA.M.C. the set by 6 gamer to * that service. When he came to the

walking

Other followed them.

three, Beores :- arrangement with Mr. Okumato, he had Were the boys to be held responsible for

C.Q.M.S. Talfourd and Börgk. Davia! several interviews with the latter, which any obstruction caused by the following? Mr. Leo d'Almada, appearing for them bent Capt. Burn and Lee-Corp... Kirby, took up much of his time, which he might Mr. Landeell pointed out that it all said the crowd following the boys could beat Bergt. McKechnie and Lee. have spent with much profit to himself depended on whether the use of the high not be regarded as part and parcel of Corp. Webb, 83; beat 8. Sergt. Theyers

Mr. E. Gray an assistant in the way was reasonable or otherwise.

the boys, so to say. firm of Snowman & Co., doposed to the Magistrate lind power to

Almada, continuonvict or dis said the

Mr. Wolfe remarked that there was no and Bergt. Taylor 0-0, doubt that these two did cause obstruc- arrangement arrived at and the amount. of work that had been put in by virtue charge his clients. He asked the Magis tion. They were big boys and ought to

trate, to eliminate all thoughts of a boy. have known better. "of that agreement. Y

Br. Okamoto, the manager of the decott, as there was not a titule of evidence

They were famd guilty and fined $3 fendant firm, was then examined. His to show that the phject of his clients was each

Mr. d'Almada ask that the umbrellas Corp Boille and Bombr. Amy lost to evidence generally denied that the to provent the Chines from baying arrangement vouched for by the plaintiffs Japanese goods. The point was whether be returned to his clients Capt. Bar and Lee. Corpi Kirby 1-8;

offence had been committed. "If the

Mr. Wolfe had no objection, provided lost to Bergt. Maecbnis and Lee Carpl Media Maskirate had the lightest doth he Mr. ¿'Almada undertook to obliterate Webb, 38; lost to 8: Borgh. Theyors and

(Continued as foot of next column) the offending characters.'

Bergt. Taylor, 2-7.75

had ever been maders w

In the end judgment was giren for plaintifaith costs.

a

with umbrellas were

$10.

The case against the other two boys, arrested later and charged with obstrue tion, was then proceeded with

11

*

C-S.M. Pragnall and Bergt Armatys best Capt. Burn and Lee, Corp! Kirby, 5-4; beat 8. Bergt. Theyers and Bergt Taylor, 8-4; lost to Sergt. MeKechnie and Lee-Corpl Webb, 3-6.

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