1923-10-06 — Page 5

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“HYNGKONG. CRICKET CLUB.

ANNUAL MEETING YESTERDAY.

THIRST OR GOOD MANAGEMENT?

The annual meeting of the Hongkong Cricket Club took place in the Club

THE HONGKONG DAILY PRESS, SATURDAY, OCTOBER 6TH, 1923:

A CAPTAIN'S CLAIM. MR. NEMAZEE SUED FOR WRONG.

FUL' DISMISSAL

ALLEGATIONS OF NEGLIGENCE,

A case of annual interest to the ship Pavilion yesterday evening. In the abping community in Hongkong came before sences of Mr. R. H. B. Hancock, the chair the Puise Judge (His Honour. Mr. Justice Was taken by Mr. H. A. Nisbet, who Gomperts) in the Summary Court on

Thursday, when Mr. H. M, H. Nemazce' gas supported by Messrs. G. R. Sayer. E. R. J. Mitchell, R. E. A Webster, the s, turn, for wrongful dismiss

was qued by Captain Watson, formerly of H.. E. Hollands, and the Secretary, Mr. The defendant was alleged to have dis L. S. Grecahill. There was a large missed plaintiff at twenty-four "hours": attendance of members,

notice. Whereas it was claimed that reas

be notice would have been three months. The defener was that the plaintiff had been

The Cuainis, proposing the adoption of the report and accounts, said:

וי

scem disappointing compared with the At first glance the past year's results

previous year, but when one comes to

Mr. Maensmara: Did you know Mr. Nemaz's original intention was to sem you to a stiller ship —No, I knew nothing of that. i

ir

ALLEGED INTERFERENCE

WITH EVIDENCE. SEQUEL TO A CASE OF ALLEÒED ATTEMPTED. MURDER.

At the "Magistracy, yesterday morning

Mr. Macunmaru told plaintiff that Mr. Nemaz would go into the box and say that he dismissed him for numerous in before Mr. J. R. Wood, Inspector Murphy cidents of negligence. That being so ho | prosecuted two Chinese, one 37 whom is desired to bring out one or two points in TI dresser at the Government Civit the course of cross examination,

Hospital, for attempting to prevent a Chinese named Kwan Wo from giving exidenes in a case of alleged attempted

His Honour hère intimated that should

take him "out of his depth” he would the questions be of such a technical nature

have to adjourn the case and bring in an

assessor.

necessary they would raise no objection to Both parties agreed than if this were

the position being filled by Lieutenant

bis duties, and that the notice was justition Captain Watson on numerous incidents Conway Hake, Assistant Harbour Master, Mr. Macuamara then proceeded to ques finhle under the ship's articles,

cutinuously negligent in the discharge of

munder. The cast whe 1910 in which, thei mau Kwan Wo had been stabbed several timis in the face.

According to Inspector Murphy, the complainant had been in hospital for four tron days and it was alleged that the first | defendant was introduced to him by the

have been visited twice, on September 7th ond defendant is a man of considerable race who was attached to the Police The complainant was alleged to analyze the figures I think that you will three months wages in lieu of ulice, ho vesel. He asked whether it was not trustion.

the Gorjatan, during his command of the

to have hoon present during the amserga- agree with me they are not so bad as afterwards ipgreed to waive the 84485 that the first occasion on Which Mr.

the caso they appear to be. Subscriptions still order to bring

The defendant in the stabbing case out sithin the juris Nemager had to reprimand him was shortly of Summary Court. Defendant after he took cummand of the vessel, in which the present charge bas arisen has exceed the running expenses by some catered a counterclaim for the sum of May, 1929, The matter was one of a | already been committed to the Sessions for! 82,600 damages for injuries to the Gorjia, cipline, it being alleged that he had due to the plaintiff's negligence while allowed offers to bring drinks into his in command of the vessel Of this sum enbin. $1,000 was waived to being the ease with in the Court's jurisdiction.

Paintif claimed originally $1,446.10 / of alleged negligence in connection with and 15th, and both defendants were stated.

$1,100, although these "expenses have increased by over $1,500, owing to the new pavilion having necessitated a big ger stuff and an increase in taxes, light 'ing, and fire insurance premium. A bright spot in the accounts is bar re- ceipts, which show an increase of about $700. This is, I think, entirely due to the careful supervision of Mr. Ramsey and not. as scoffers might suggest, to members, increased thirst. Laughter.).] The drop in interest received is, due to money on fixed deposit having been utilised to pay for the new pavilion Eighty debentures of the total "value of 84,000, have been drawn, for payment of which 13 have been paid. At the pre- sent moment it is not deemed advisable to pay off any more debentures, hat it is hoped that wo uns be able to do so in

command

trial.

The case was remanded, the first défen, dant being allowed bail of $500 and the second deferslaut mail of $250,

PASSENGER JUNK PIRAted,

Witness failed to recall the incident, Mr. RE. A. Webster represented plain- incident occurred in. Batavia when he was Mr. Maenamira suggestell that the next tiff, and Mr. H C Macnamara appeared da behalf of Mr. Nemnzer,

reprimanded for installing iron covers to Mr. Webster stated that the plaintiff was

the water closet outlets in the side of the appointed to the defendant's service in hip. He suggested that the expense was February of 1920, and during the period unjustified, and in direct disobedience of since held a number of posts, from third

Mr. Nemazer's instructions, offer upwards. He took command of the win hay way render the ship unsea- "Did the lack of these covers ?” he asked, fioristan in May, 1922. On the 3rd Sep-worthy? tember of this year he received a ante from ir. Nemazes to the effect that, he was but it greatly interfered with the loading with rifles.

Captain Watson replied that it did not, temporarily suspended from his

a coace of this note Captain Watson a unending. A whole lighter full of went round out what it all meant.

in Mr. Nemaze office to feel sugar had been ruined by the fluid from Hnd there „pipes pouring into it, I met Mr.ben, iron covers aver the outlets it would Mohamed Nemages in the hall of the office not have happened, and was asked to come upstairs into that

Wooden covers had gentleman's private plaintiff askest Mr. Nemazee why he was

office. Arrived there been found

Captain

was then asked how suspended, and whether or not he was to during the time he had been captain and mauy anchors had been lost from the ship a paid his wages during the period of first officer of her. Was it not true that suspension. It was some time before he received any reply, and then he was to four had been lost!

he was not dismissed,now he was. This

the

14

Witness admitted this, but stated that only one of these was lost whilst he per enimed to be wrongful and illegal. Pin intending the lowering away and heaving tiff was entitled to theer months lien of three months notie, a reasonable up of the ancher. On that occasion the

Watson afterwards wrate period. Captain

ble chain was defective and snapped. to Mr. Nemazce and asked for three months money. He received a reply to as he was, under the ship's article entitled the effect that this could not be given him. only tu twenty-four hours

the Spring of next year. We have to that for the dismissal that they sonally was on the forecastle déck super.

A passenger junk with 33 passengers on bond and carrying a grew of three, was pirated at 3 p.m. ou Thursday. The juuk left San Mei for Hongkong and had pro ceeded as far as Shan Tsai Kok when a. rowing bont containing seven or eight men came alongside. Four of these men were carrying revolvers and three were armed. They held up the junk by bring a number of rounds at her, three f the passengers being wounded by the fusi and drove the crew and the passengers into Inde The pirates, then climbed on board the ball. They remained on board for two hours, ransacking the junk and fually left with $120 in notes which they had collected of jewellery. They rewed away in the from the passengers and ale a quantity direction of Ping Hoi.

TROUBLE AT AMOY.

Amoy between the Woo Clan and For- There has been much trouble lately at

mosan Chinese, and the fighting led to the landing of small parties of British and Japanese. The Japanese landing

Chinese boatmen who refused to leave protect Formosans against the attacks of party was subsequently strengthened to

strike.

thank Mr. Harry Hancock for the gift of a standard time clock, and Mr. Bir- kett for the gift of a clock for the bar. Efforts will be made to give as many cricketing members as possible games in matches hiring the season, it is hoped that they will show their apprecordingly they presented him that he collided with a Butterfiell and work despite the orders of a generali cintion of this effort by playing when -chosen

1

We have had two extraordinarily fine interport matches with Shanghai during the year. The Hongkong ones we be mban, whilst giving our team full marks for their plucky fight. The Shanghai match we frankly gloat over (Hear, heur.)

He then proposed the adoption of the

Teport and accounts.

Mr. Pavrsenous seconded, and

motion was carried unanimously,

The next business was the election

the

of

with a

The stevedores and boatmen on the against the landing of Japanese. A 25th September struck 2.8 il protest general strike was threatened.

Captain Watson was questioned with re ard to an accident which occurred over the without the aid of a pilot, with the result have inken the vessel out of the harbour bar in Swatow Harbour, He was alleged to

cheque

one day's pay-816.10.

Swire boat, and finally got stuck on the The letter also stated that he was dismisand

bar itsmis for disrespect, and that at the time he happened, but it was net negligence on big Witness replied that, this had certainly into Mr. Nemazeo's office he was unt dismissed, but merely suspended,

The Part

He then proceed to go ina detalls plaintiff contended, Mr. Webster went on,.

about fides. whereupon that the ship's articles hat nothing

His Honour adjourned the case in erder: 10 do. with the

that Lieutenant Hake might b brought in at all, but.

Au were simply drawn up as an agree

the conclusion of this witness's as Assessor. On this gentleman's ́ arrival evidence His Honour intimated to Mr. Djeit between

the

east was continuel captain and the

Webster that he did not wish to bear any crew whereby he agreed to

on the subject of the cross-examination, as he thought it un- cerinin wages on a certain late in return that on this occasion he bad a only certain Mr. Machamara then pleaded the ease.

pay them

Se questioned

incident, Captain Watson stated necessary. for certain work and certain conditions. amount of coal and orders to come back for the defence. He stated that they had No agreement had been drawn

he- tween the plaintiff and the defendant tides per the bar in Swatow Harbour Captain Watson had been justifiably

up to Hongkong with swept bunkers. The two points to press. whereby a period of notion on either sille were tricks, and the pilet, there had to wired after cumulative incidents of negli

The first was that was stated, and therefore they claimed that take out an American ship that day. This gence. None of these incidents taken singly they were entitled to the three months generally considered reasonable notice, and Jietan, leaving witness two alternatives.gether they formed an excellent cause for, meant that he could not take out the Gore warranted his dismisanl, but taken to

cyer

Case

.

officers: Mr. R. H. 3. Hancock, who is understood as such, on the China Con take her out himself, or to stop on do-it. He was not fit to be in charge of al

Captain Watson then went into

by Mr. Nemazce in Sydney in 1920. Ho

Regarding the election of a Secretary, years, On September 2n3 he went aboard he

decided to take her cut when he ordered Captain Watson's suspen- |

"that"in spite of dis many faults; I have

Greenhill."

ried with enthusiasm."

The General Committer was elected as follows:-Messrs. H. A. Nisbet. P. M. Hodgson, E. J. R. Mitchell, F. A. Red mond, R. E. A. Webster, H. E. Hollands, L. f. McNicoll. F. Syme Thompson, and

T. E Pearce.

hat held a mass

a master's certificate for ix

remembered that there were some letters entally, that the pilot had not been able | erew was obvious, and it stood at the

his

round to

Mr.

1urn back..

he had left unopened in his cabin. early ident in the day. He examined these and found the note informing him of The next day he went suspension. Nemanzee in order to get the money to pay his crew, and to find out what the note meant. Heraw the lefendant in the hall of the building, and asked whether he

to rensen,

W

Messrs. Perey Smith, Seth and Fleming enaid speak to him for a few minutes. Mr. without his ship being chartered

to carro This was a claim for dam

were appointed the Club's Treasurers, at a remuneration of $760 annually, and Mr. H. Greenwood was appointed auditor, at a remuneration of 8100.

A vote of thanks was passed to Mr. Mitchell for so enthusiastically carrying on the duties of Secretary during Mr. Greenhill's absence.

This concluded the business of the

meeting.

CONFISCATION OF ARMS.

erme

Arrived Watson,

teil"

размере

demurrage, Hẹ did not admit that he

at present out of the Colony, was un-ness box. He stated that he was engageither day. If he stopped another day he ship the size of the Gorjistun, and that was animously re-elected President.

not have enough coil to get back to the conclusion Mr. Nemazee had core to The result was that they had in. It was his intention during that sus "the CHAMAN remarked, amidst laughter, | bis ship while she was Iving in Hongkong bent as state. Butterfield and Swire pension, to consider the merits of the case

with the evening. He was met by a Captain Adams described na negligence. Harbour at about half past five in the

finished up on.

on the Bar and either to dismiss him or to give him a He contendel that this action could not be smaller and less

Ahir mach pleasure in proposing Mr. I S. who told him that he had come to take was wühurt, and the Gorjistan has other point for this defence in in the ship's

important

The The other vessel over the commoud of the fine jistan. This

three articles. These articles definitely stated was the first witness had heard of there be plates damnged, but he had saved a day that

any member of the Cry** The resolution was seconded, and caring anything wrong, and then he suddenly on the voyage, and furthermore he had minat twenty-four hours notice. could be dig. saved the

pilot's fee! He mentioned, in That the emptain was to take the American vessel out, but had therefore, that he also was only entitled to

twenty-four hours' notice.

The notion Mr. Macnamara then questionedd Captain the same for either side. It was not logical Watson as to a certain incident which had to suppose that a Chief Engineer, whose and him in the Marine Court. On this pay at least was almost equal to that of occasion he carried a number of Chinese master, should only be entitled to a day's passengers from Swataw to Hongkong notier, and the captain should be a Temazre answered in the affirmative, and

without the knowledge of the owners, and

person entitled to ninety days, told him to come up to the office. Art

then came to the subject of the owners and received no passengers. The there he took no notice of Captain

money for those passengers, but commenced to read his correspondence,

Witness replied that his vessel at thats in respect of the Swnlow incident, Captain Watson bad admitted, negligenen After & Lime"

(said witness), not be time, or so he thought then, was chartered in this case by offering to pay the differ ing asked to take a sent, I sat down. he the China Mail S.S. Company. He ence between the amount charged for dam. When thought Mr.

barnek afterwards that the charter bad Nemazee was through with his correspondence I told him. I had expired, but he did not know it at the time, ages and the amount saved on pilotage and to see him about the note, I said I as there was a China Mail compradore had made this offer, but simply said ho not andestand the meaning of it. Mr. aboard, and to he

he had taken the Nemnzee replied that it was quite plain under the impression they were could not remember, an answer which, un and meant what it said that I was tem

China Mail Co.

fortunately, he had made to several import- ant questions. He was quite prepared to pararily suspended. He then went on to Returning to the Swatow rezident, Me.

admit that when he made the offer his

askel Captain Wat whether Watson did not realise how large the Captain asked Mr. Nemazee was

it meant I was to have he had not at the time practically admit- amount would be. But it stond. any pay or not. I received

nezligence by offering to pay the Com- 317. Weister, replying, submitted that this question, and he simply went on read pay the difference in the amount charged the reason Captain Watson had offered the ing. I become tired of waiting and re-

for repairs to his shin, and the amount money for damages was most probably. In accordance with instructions from peated the question.

Car Superintendent of Police about three times more and then he witness said he had no recollection of would be better to propitiate his owner by I repeated it on the day gained, added to the beenuse he knew that job on the China.

fee anyed, (Afr. E. D. C. Wolfe) an order has now that I was not leaving his office till fennmara asked in the coupe With reference to the plea that twenty. Const were hard to get, and decided it round and said "Get out,' to be made by a Magistrate before any I had a definite

paving the money, rather than lose his post: arms seized by the police and not claim-.

reply to my question, and ed by anybody can be ronfiscated Thin Newazee said; You were not dis: there was some reason for your being dis-point out that the Merchant |

cross-examination, "Do you not think four hours notice was S Shipping Act | ho would is not exactly a new departure but in missed when you came on share

but are. At that time, the past it has been customary, for the

(witness сап-

definitely laid down that the captain of a "I gave the reason, before." I had not recrived the money to police to hand such arms (where no

Captain Watson's evidenca concluded the

ship was not a seaman, and as the articles arrests have been made) over to the my crow, and I asked him what about

referring to the crew, CHA for the plaintiff.

described police store, without the confiscation them. The home so that I could pay He replied to thjet, ish your

Mr. Mahamed Nemazee went into the could not be included.

aseamen, the captain order being applied for. In future the business any longer, the other man will see box after the tiffin interval.

All members of confiscation order has to be obtained be- to that."

It was explained to the Court that while and pilots were legally described a seamen. the crew with the exception of captains fore they can be sent to the store. Yes This

hig, Captain Watson told the Court, Mr HM. H. Nemazen wax the legal Furthermore the articles could not possibly terday such an order was made concern- was incorrect. It was no-one's duty but weer of the vessel, his son, Mr. M. affect the master of a

a bip ing the recent case in which Sergeant his own to pay the crew, since he was the Nemarre was the manager of the Company constituted an agreement drawn up

They simply A. E. Carey seized a large quantity of man who had signed the articles with than the perum referred to throughout tween bira arms and ammunition on board the B.s..

and his crew any had nothing crew. Eventually the mom was sent to

Win the President Wilson but effected no arrests. Captain Ademn who handed it over to wit came to see him on the 4th September his day's notice, and he accented their

His story was that when Chutain Watson to do with the owner at all. Ther entitled

him to discharge any of his crew at Giving evidence on the seizure Sergt.

that

paid his men off. Carey told the Magistrate (Mr. J. R.

Asked Mr. Webster whether bis rela manner was overbearing and very disres of one day if tendered. It stood to reason Wood) that on September 20th he seized friendly up to that date, Captain Watson entered with a petition from his Guild was no genuine reason for the Captain's tionships with Mr. Nemazen had been pectful. Whilst he Kay in the office that he could net posibly give nor re representative from the Seamen's Guild ceive his own notice. This being so there on the vessel 159 Mauser pistols and 20,700 rounds of ammition. The arms relied with some picoaney. "I do not asking that Captain Watson he not lis and ammunition, he said," were found in master can ever be unite friendly," He missed. Witares, nicked. Captain: Watomial and he was entitlul

the relationships helecen ener and

toshi various state cabins, to wit: 33 pistolain admitted, however, that

son monhts notices, or wages in

lícu to leave the room while he iw this other cabin 33, 10,000 rounds of ammunition in

The counter-claim. Mid Afr Webster. cabin 37. 32 Bistols and 5,000 rounds of ly quarrelled, they had nerer man, but the Contażu, Hefined, and con- referred

to injury to the plaintiff' tinued to his questions Witness ship due to negligence by the master." steam. ammunition in cabin 4162 pistols in Why do you think Mr. Netizes Jismissed then went on to enumerate the list of in- He contended that the defence had failed

Macnamara (cross-examining); cabin 45, 20 nistols and 1,7000 rounds of mu1--1 really think it was becauas he had cidents showing alleged negligence once to make out a case of negligence at all, so ammunition in cabin 49, 21 pistols and three shins laid up. and it waY'S more.

000 rounds of ammunition in cabin 51

the counter-claim could not encoded, (Continued at foot of next column,} His Honour reserved judgment

A NEW PROCEDURE.P

[tinued).

Berk

who

by

muiter of cONICELY.

no answer

to

210W

this

his

missed 7"

in

when question

The

nation

#

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·THE LITTLE THINGS THAT MATTER.

HAIR ORNAMENTS

IN BRILLIANT VARIETY:

SMART EVENING BACS

IN NEW COLORINGS.

EVENING CLOVES FANS

MARABOUT WRAPS

FOR EVENING or DAY WEAK.

FASCINATING UNDIES'

IN BLUE, PINK, -MAUVE, AND YELLOW.

ALL HANDMADE.

'Phone 1741.

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THE "SHARK BRANDY.

Per bottle, including duty

$ 2.00

1.25

qts.

24.00

case

Bottled by Boutillier, Delauriere & Co.

LANE, CRAWFORD, LTD.

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