1923-11-28 — Page 5

Page

THE APPEAL COURT.

CHARTER PARTY CASE.

THE HONGKONG DAILY PRESS, WEDNESDAY, NOVEMBER 26TH, 1923.

DEATH BY MISADVENTURE. SEQUEL TO A TAXI COLLISION.

A PERISHABLE CARGO?

DEFENCE FOR WORKING CARGO

ON A SUNDAY,

A verdict of death by misadventure was APPEAL AGAINST A JUDGMENT BY returned by a Jury at the Magistracy

A charge of working cargo on a Sunday THE CHIEF JUSTICE.

yesterday morning which laquired into the without permission was proferred against circumstances surrounding the death of the master of the sa o Arai, at the an old woman who died in hospital four Marine Court, yesterday morning.. days after she had been thrown into the Sub-Inspector Bond said he visited the barbour as the result of u collision-beship on the morning of the 4th and saw tween a taxi-cab and a ricksha.

to hear

an

The Full Court of Appeal, comprising the Chief Justice of" Hongkong (Sir William Rees-Davies), the Judge of H.M. Supreme Court, Shanghai (Sir Skinner Turner), and the Puiana Judge of Hongkong (Mr. Justice Gompertz),, aat in Original Jurisdiction, yesterday, appeal from a judgment of the Chief Justice given in January last.

The" action was origifially brought by Cheong Yue Steamship Company, Ltd., of Hongkong. against Mesars. Hulji, Lelji, Mahi and Kheerji Sharaji, trad Ing as Dharsi Nanji and Co. of Bombay. The facts of the original action were that by a charter party dated November 17th, 1918, the plaintiffs agreed to deliver to the defendants the a.. Singaporean on April 1st, 1917, for a ten months' charter, the price being arranged at $99,000 a month." On, March 31st, 1017, the vessel was commandeered by the British Admiralty in Singapore. The defendants were informed that the vessel had been commandeured and they were asked if they were willing to ship on charter as soon as she was released. On May 19th, 1017, the defendants unbled saying they would require the ship as soon as she was released. The vessel was dot released imtil March. "1010, when the plaintiffs told the defendants they could take her.

The defendants maintained that the charter party had expired long ago and that the ship was useless to them.

The plaintiffs maintained that the cable of May, 1919, was a binding contract to take the ship when released.

two cargo-boats lying on her portside. Into one of them was being loaded chest- nuts and into the other" ginger,"

Mr. F. G. Vaux (appearing for the defendant) said his defence was that the cargo was perishablo.

The consignee, giving evidence, anid

OBITUARY.

MR. HECTOR W. SASSOON.

The news of the sudden death in Lon-

don of Mr. Hector William Sassoon, Which was received by cable yesterday, came as a shock to many friends. Mr. Hector Sassoon, who was a director of the well known form of Messrs. E D Sassoon and Co. Ltd., had not resided in the Colony for more than about three "years, but in ther time made a whhe

circle of friends. He left with Mrs.

soon, early in the present rear, to spend the summer at home and had intended visiting India on his way back to Hongkong, but he fell ill at home and his death occurred on Saturday last following upon a surgical opération. Mr.

This négident which was first reported in the Daily Press was remarkable for the circumstances in which if occurred. In the inavoidable collision the ricksha con- taining the old woman and her two small grandchildren together with the driver were hurled into the harbour at Cause the chestnuts were green and had they way Bay. The taxi, with its driver and | been allowed to remain in the ship two passengers, followed, and the occu-another twenty-four hours, they would sassoon was only about 36 years of ago, pants and drivers of both ricksha and have deteriorated. As it was, be found and it is hardly necessary to add that taxi were hauled out of the muddy waters

that between ten and twenty per cent of the deepest sympathy is felt for Mrs. of Causeway Bay Refuge by sampan the cargo, was bad. He explained that people in the vicinity. The old woman young ginger was of a similar nature, and did not survive the shock, despite the care this niso would have deteriorated if not and attention she received at the Govern put in the open air. The cargo was from ment Civil Hospital

Wuchow and already had been two days in the bold.

Tho Tuquiry was presided over by Mr. N. L. Smith and the following were the jurora Mesars. E. P. Souza, I. da Rocha „and A. J. „Manton.

NOT AFRAID OF THE GARRISON SERGEANT MAJOR. TWO: CHARGES AGAINST A

CORPORAL FAIL

Corporal Frederick Welden of the 2nd King's Regiment was tried before a Dis- trict Court Martial yesterday and found Not Guilty of being drunk, out of bounds and using language to the pre- judice of good order and discipline. The Court was composed of Major P. Rash- leigh, D.5,0., R.G.A. (president), Capt An ex parte arbitration award was aub. F. Bloxham, 2/4th Bombay Grena sequently given in favour of the plaintiffs diers (RE.O.), and Lieut. C. P. Moore, in which they claimed 8104.819.87 They M., 2ml King's. The prosecutor was failed to get the money and instituted proceedings for the recovery of it: The Capt. W. A. Hannay, A.F.C., and King's, case came before the Chief Justice who and Lieut. C. J. Bailey, M., 2nd King's. gave judgment in favour of the plaintiffs appeared as prisoner's friend.

with costs.

The present appeal is by the defendants against that decision.

According to the evidence of a Corporal of the Garrison Military Police, who was on duty in the Wanchai district on the night of November 10th, the accused was seen at 11.80 p.m. to come staggering out

15

The Marine Magistrate (Comdr. Beck- with) said he was not altogether satisfied that this cargo was perishable. On the other hand, he did not want to give decision which would interfere with the trade. He intended to refer the question to the Chinese Chamber of Commerce, which hody, he thought, would honestly toll him whether this cargo was perish-

able or not.

Saxoon in her sad and sudden berenve mon

at half-mast yesterday as a token of the

The flag of the Hongkong Club was

regret of his fellow members.

Mr. Sassoon was on the directorates

of several local companies, including the Hongkong Land Investment, Co., the Kowloon wharf and Godown Co, the Canton Insurance Ofier, the Hongkong Fire Insurance Office, and the Peak Tramways Co.

Mr. Hector Sassoon, as a member of Hongkong Jockey Club, owned a stable, which figured prominently at the 1922 and 1993 race meetings. At the annual meet- Me. Vaux thought that would be a satisfactory way of dealing with the mating last Burch he stood second among ter aud the case was adjourned accord ingly.

NOR WANTED.

BUT TRYING TO MAKE HIMSELF USEFUL

At the Marine "Court, yesterday, a former boatswain of the s.s. Leung Kwong was charged, before Condr. Beckwith, with being on board the ship without permis- sion. The defendant was represented by Mr. McCallum.

:

seconds and 8 thirda. His "Romaa Re-

the successful owners with 6 firsts, 3

public "; won the Champion Stakes.

1

FIFTY YEARS' SERVICE.

·MERCHANT CAPTAIN STILL BENT ON THE SEA..

Many reader in Hongkong will remai ber Captain Zooder who commanded for many years one of the Pacifio Mall liners, and will be interested in the follow- ing paragraph about him which we take from the Plymouth paper, dated October

The owner of the Leung Kuong gave evidence to the effect that defendant was dismissed about two months ago, on the 24th- advice of a police inspector, in con- Capt. Adrian Zerder, who has been at are Mr. C. G. Alabaster, K.C., instructed of premises that were out of bound. He sequence of arms and ammunition being aca fifty years, is retiring within the next

Counsel appearing for the appelants

by Messrs. Deacon, Shenton and Harston, and for the respondents Mr. Eldon Pot ter, K.C., and Mr. F. C. Jenkin, instruct

ed by Messrs. Wilkinson and Grist.

Counsel for the appellants opened his

approached the accused, and found he was drunk. He warned the accused, who asked: Who are you?? and when wit neas replied that he was a garrison cor. poral, accused said, using very offensive

found in the ship.

he was searching the Leung Kwong in Lee. Sorgt. Whelan told the Court how accordance with the piracy regulations, when he found the defendant locking the grilles and when Captain Wilson asked.

few weeks, He was at Plymouth. on. Saturday in the Manchuria, -of-the

again in command. American Line, but will not return hero

He is making one more trip in the

case in the morning and after applying language, that he did not care if he was him what he was doing he said he was fanchuria, but that will be when she

for and obtaining admission to file five afidavits, which had been overlooked during the hearing of the ease, he pro -céaded to go over the documents put into

the Lower Court as exhibits, this took considerable time. Amongst the docu ments to which Counsel drew the atten- tion of the Bench were the telegram dated 8th November, 1916, from India to Houg kong la which the appellants agreed to accopt the charter of the yessol, and the actual charter party itself, ulause 38 of which stated that the steamer was to be delivered on the 1st March, 1917, to the charterers; if she was not the char- terers had the option of cancelling the charter party agreement Mr. Alabaster went on to say that the ship was not delivered on March 31st, 1917; she was requisitioned by the British Ad- jmiralty, Inlay, 1917, the appellants sent a cable stating they would require the ship as soon as she was released. From then onwards there was a complete silence for about a year and a half on both sides;

the garrison sergeant-major. This evi- donec was corroborated by a Lance- Corporal.

Evidence for the defence was given by several witneses, including a Regimental policeman, who gave it as his opinion that accused was not drunk. Another witness stated the accused walked steadily whilst another stated that the accused got into bed without saying a word.

After ten minutes' consideration of the evidence the Court pronounced Corporal, Weldon "Not Guilty" on all the charges.

SPORT.

ORICKET.

PRE-WAR XI. e, POST-WAR XI.

The following teams have bien selected to represent Pre-War cricketers in the Colony against Post-War cricketers on the H.K.C.C. ground commencing at 2 p.m. sharp on Saturday:

boatswain.

The defendant told his Worship that he was a passenger on the ship and in lock- ing the grilles was only trying to help.

The case was adjourned until this morn- ing to procure the evidence of Captain Wilson, the master of the ship.

A BRUTAL ATTACK.

ANOTHER YAUMATI CRIME:

enters the Now York-San Francisco sor vice, vid the Panama Canal.

"It is almost a sentimental idea, if you like to call it so," he said to a Press representative.

"For 30 years I sailed out of 'Frisco to China, Japan, Manila, and Alaska. I am due to retire almost immediately, but I have been invited to make the first trip in the Manchuria through the Panama Canal in connection with the new service. The trade will be a great success, I fo

For the last eight years Capt. Zeedor has been in the Atlantic trade. During the

A Chinese who was attacked in Porture.". land-Street on Monday evening received a severo blow from a butcher's carving knife, which opened his head and almost severed his hand at the wrist.

The victim was said to have been walk ing when two compatriots called on him to stop as they wished to search him for arms. Without any warning, one of them raised a large knife aid struck at his head. The man raised his arm as though to ward off the attack, but the blow was Pre-War G. R. Sayer (capt.), Cel. T delivered with such force that it made a A. Robertson, Pay Lieut.Com. Pafford,"

big wound in his head and almost cut his Claxton, B. D. Evans, EJ. R. Mitchell, hand off. The other assailant is alleged FJ. de Eome, A. B. Baworth, and Eto have stabbed him twice in the back at Syme Thomson.

Post-War Rev. E. K. Quick (capt.), the same time. Notwithstanding his ter- R. E. A. Webster, Lt.-Com Jotham, rilis injuries the man blow a police RN E. G. Lammert, H. Owen Hughes, whistle and gave chase, but he collapsed G. R. More, A. C. I. Borker, A. V., T. Lean, F. O. Miller, E G. England and M. H. Roffey.

then, on March 1st. 1910, the appellants.N., R. BO.. Bird, A. E. Wood, A. A received word that the ship was ready for the charterers, who replied stating that the charter party agreement had expired long ago and that it was useless now to take over delivery,

During the afternoon Counsel continued to argue for and against this document being put in and the Court ross in the afternoon without the point being settled.

The Court will resume in the morning.

HEN‚Y.K-STRIKE.

U WORK RESUMED.

Asganounced in yesterday's issue of the Daily Prey work was resumed yes- tenlay by the local staff of the Nippon Kusen eKnisha alter one day's absence

0.5

H.K.C.0, 2ND XI. v. 0.8. 2x XI,

The HLXO.C. 2nd XI. to play the Civil Servico 2nd XI. in a League match an the Civil Service ground will be follows:-EL E. Hollands" (capt.), L. D. McNicol E. O. Hagen, H. H. Day, W. W. Mackenzie, A. K. Mackenzie, C. H Piercy, D. Reid D. B. G. Nicholson, C. IL. Baron and I. M. Chaloner.

BILLIARDS ASSOCIATION

COMPETITION,

near the back of Sincere's branch store.

The police have detained & man on suspicion in connection with the affair.

"war he was a frequent visitor to Ply- mouth with mauitions, but always puccess- fully escaped enemy attack...

A. torpedo within twenty feet of his vessel was his nearest known approach, to disaster. This was near the Scilly Isles.

Capt. Zeeder has not finished with the sea, although he has covered about 9,500,000 miles in steamships.

On the occasion of his last holiday teen years ago, ho spent six months sightseeing, travelling 48,000 miles on the ocean, whilst his immediate plans call for a world tour.

"You may call it the lure of the sea, if you like, but I am just as keen and in good health as I was thirty years ago. Whatever is there finer than the son1"

In a few weeks Capt. Zeeder hopes to be back in England ready to sail for South Africa. I am going to do a bit of treking there," he said, and then I am going for a sea trip."

ANOTHER INVASION OF KWANGTUNG. According to information received in Hongkong yesterday between 20,000 and 30,000 troops have entored Kwangtung THE SMALL PUX EPIDEMIO province and are marching down the banks of the North River in the direction of Canton and have already reached Chau Tin. These troops are said to have come

of General Chen Chinng Ming

The Medical Officer of Health's report for the wook ended November 24th shows that 100 cases of smallpox were notified during the week, and there were 60

from work as a protect against the action competition opened on Monday evening from Kiangai province to the assistanco death. There were 2British cases,

the Board of Directors of the Company in Tokyo in introducing new regulations which the firm's office staff claim to be prejudicial to their interests.

A representative of this paper, was in- furnici, nt, the offen yesterday that the thuff was trusting in the news received

Previous night-that-the-whole matter would be settled on terme mutu ally satisfactory to all parties.

The newly formed Billiards Association when the Victoria Recreation Club met the Catholia Union Club with the follow. ing results:-

0. M. Xavier... 112 J. Lyon... 121 3. Assumpcao... 135

CATHOLIC UNION.

"F.-M. Ozorio... 250 BF. da Luz... 250 L. A.. Osmund 250

Total 750

Portuguese and the rest were Chinese.

our were imported cases.

On Monday 98 further cases of smallpox were notifieds

On the other hand, there have been reports of large forces coming down from Hunan province to help Dr. Sun.

We have also been informed that Dr Sun's cruiser, the Wing Fung waS KOOD proceeding down the river Boris Barcs on Monday. Whether It would be dificult to exaggerate the Dr. Sun wax on board was not known but gravity or the urgency of the unemploy. The highest break of the match was it is stated to be'a most unusual thing for ment in this country duo ke our export made by R. F. da Luz (49), Camund's the cruiser to leave its antherage and trade bang far below it pre-war volume higher break was 20 The referee was it is thought that Dr Sun may be on Philip Lord-Grzame (President, Mr. R. G. MoEwan.

board seeking safety in Bight.

Board of Trade.)

Total 368

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