1926-09-16 — Page 4

THE HONGKONG DAILY PRESS THURSDAY, SEPTEMBER 16TE,

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WHY H29 SÄNK.

OFFICER'S WORDS MISCONSTRUED.

TOO MUCH WATER LET IN.

The inquiry was resumed at Devonport on August 20th, into the deaths of the six men on August 9th, when Submarine 129 sank in No. 2 basin of the dockyard. Lieut. F. H. E. Skyrie, the officer, in command, said that it had been proposed to fire dummy shots to test the torpedo tubes. To bring the vessel to normal trim it was necessary to admit water to the ballast tanks."

As she sank the submarine listed to starboard, the side next the wall. He waded to the bridge and caught hold of one of the chains which hung around the side of the dock and climbed ashore. The vessel sink in consequence of No. 3 main ballast tank being sufficiently flooded to bring the after hatch under water. The boat sank by the stern until the fore hatch came to the water line, when she levelled up and went down on

an even, keel.

HONGKONG PHILHARMONIC

SOCIETY.

ANNUAL REPORT.

REHEARSALS OF "THE PIRATES,

'OF PENZANCE."

1926

“NO JUSTIFICATION.

JUDGMENT IN THE KOWLOON TONG CASE.

MR. JUSTICE WOOD FINDS AGAINST MR. MURPHY.

THE GLOBETROTTERS.

ANOTHER VISIT TO HONGKONG,

NEW ARTISTES AND NEW PROGRAMMES.

Mr. Dick Norton's company **Ther The annual general meeting of the

At the Summary Court yesterday the Globe Trotters" are paying another Hongkong Philharmonic Society will be case in which six coolies employed, at visit to Hongkong and will open a held at the Cathedral Hall on Monday, Kowloon Tong jointly claimed $1,000 from short series of entertainments at the Star September 27th. The ordinary rehearsals Mr. AE. Murphy of the Kowloon Tong theatre on the 27th inst. of The Pirates of Penzance will com- Development Company was concluded. mence on Monday, September 20th, at Mr. Justice Wood held that Mr. Murphy 5.30 p.m. at the Cathedral Hall and will had no justification in arresting the men, be continued on Mondays at the same and found against him. The total dan time add on Thursdays at 8.20 p.m.

ages were, however, only assessed at $140

When the case re-opened yesterday morning, Mr. RA. D. Wadeson, who represented the defendant, submitted that the coolies were not arrested by Mr. Mr. Wadeson further

The annual report of the Society shows that the membership numberă 130..

argued that his client was justified in going to the police and lodging, a com plaint against them. He quoted several

The Gilbert and Sullivan Opera "Iolanthe," the report continues, was produced at the Theatre Royal in Murphy at all. December to crowded houses, and result- ed in a profit of 2341.73. It was at first thought that the profit was nearly $700, but some unexpectedly heavy bills came in after the $500 shown in the accounts. had been distributed to the charities It was only proposed to submerge the named. This resulted in a loss of vessel sufficiently to allow the torpedo $258:27-being carried to the general ser tubes to be fired, and not to submerge

count. Your Commit:vo altogether.

When the after hatch came to the water level a great volume of water entered and ran forward through the boat

and caused her to sink.

one.

נן

No Doubt.

The Company are well known here and are assured of a welcome. Since their Inst visit they have been touring in Java and have strengthened their organisation by the addition of three now artistes. They have secured new scenery also and are including many new items in their programmes."

The members of the Company comprise Miss Lela Forbes. Miss Peggy James, Miss Billee Conway, Miss Gladys Cathie, Mr. Herbert Morris, Mr. Leo Brooker. Mr. Ralph Lynn, Mr. Dmitry Dimoff

"

authorities in support of his case.

and Mr. Dick Norton. Of the new MA D. McCallum, for the plaintiffs, | Artistes Mr. Dime is said to be argued that the arrest was a wrongful Russia's greatest exponent of the Bala- laika, an instrument with three strings.

M Ralph Lynne and Miss Gladys. - in delivering judgment Mr Justice

Cathie are speciality dancers, and hass recommend Wood said that there seemed to be Do just concluded a continental four, recent Mr. J. W. Rusa (for relatives): Would that in future years any distribution of doubt about the right decision in the case. ly securing second prize at the interna- you again submerge this boat or any profits be determined at

the annual Plaintifa were claiming damages for tional competition held in Paris. when other boat with the hatches open!

Lieut. Skyrme said that after this ex- general meeting..

"false imprisonment." The statement 400 competitors from all parts of the of claim read "an arrest by the defen world took part. A dancing treat should. perience, if water was being moved in the boat he should see the hatches were

dant on a false charge of larceny." This therefore, be in store for Hongkong "en- shut.

arrest took place on the Kowloon Tong thusinats. estate. The statement of claim further said that plaintiffs were conveyed to the Kowloon City Police Station through the agency of the police and there detained..

4『

The proposed concert in the Spring was abandoned owing to the poor support Lieut. Malcolm Wevell said that he told given by the members. Stoker Petty-Officer Aske "I am going It is with regret that the Committee to put a drop of water into 2 and 3 main have to report the resignation of Sir Claud Severn who had been the President of the Society since the restart in 1929.

ballasts."

Tater he saw Chief Engineer-Artificer Dalton (one of the dead) at the blow ing" (ballast emptying) station, where Dalton remained afterwards with.com. plete disregard for his own safety

He (Lieut. Wevell) subsequently be "came unconscious and did not know how

he came clear of the boat.

ક્ When he told Aske he was going to put in a drop of water he did not intend to convey to Aske that that was an order for him to put water into No. 2 and No. 3 main tallasts. He intended to do that after he had seen what the draught was. The statement was misconstrued by Aske

Mr. C. E. H. Beavis who has taken a great interest in the Society since 1904, has kindly accepted the post.

The Society has also sustained a great loss by the resignation of Mr. Stanley Collett from the post of Hon. Musical Director and Conductor on proceeding to England.

Advertisements were inserted in the

Honest Evidence."

SIR H. WOOD AND U.S. AUDIENCES.

ATTENTIVE AND ENTHUSIASTIC,

A HIGHLY DEVELOPED MUSICAL

SENSE."

The defendant, Mr. Murphy, bad him- self given evidence, and to his Lordship's mind had given perfectly honest evidence as to what happened on that occasion It seemed from the evidence that one of the plaintiEs, who

Sir Henry Wood, director of the was carrying some Queen's Hall Orchestra, has returned cement bags, was stopped by an Indian from Americs, after conducting a series of eight orchestral concerts in the great guard. The plaintiff produced a paas. Hollywood Bowl, which at one time papers for a fuccessor, and one reply was The Indian guard took the man to Mr. accommodated 20,000 listeners. Juroc: But for the chief stoker mis-received, Mr. W. R. Fleming being ap- Murphy'a house, as Mr. Murphy was his Sir Henry travelled 13,000 miles to interpreting your order this accident pointed to the post.

superior officer. He did this for the pur-himself delighted at the reception given full this engagement, and expressed would not have happened t-No.

-Messrs Piercy and Mathieson resign-pose of receiving Mr. Murphy's instruc- him. In an interview he said great in- "Stoker Petty Officer George William Aske said that Lieut. Wevell said: "Ied from the Committee on leaving the tions as to what should be done with the provements had been carried cut in the want to trim down the boat & Ettle. Put Colony, and Messrs., Ost and Bowes- Над he had detained. Mr. Murphy Bowl since he was at Los Angeles Last some water in 2 and 3 tanks." He took Smith were co-opted in their place.

year, and the Americans were more en- arrived nad took charge of the proceed-thusiastic about music than ever. Four that to an order.

Mr. Gillingham carried on the duties ings. His action was to have this man nights a week they bad an audience af He did not know that they were to sub-

to be an order.

Open Hatches.

H.

+ '

don, with her 7,000,000, could do. 1,000,000, which was far more than Lon-

merge for the purpos: of firing torpedo of Hon. Secretary until December, when taken, accompanied by five other men, to 15,000 people out of a population of just tubes only If he had known he would he resigned and the work was takes over the office of his Company, where he in not have let so much water in.

by Mr. E. J. Best...

turn received instructions from Mr. The post, of Hon. Treasurer was ful-Ramsay.. Licus-Commander J.

Machair hed for the season by Miss R. Mow senior submarine officer in the Devonport

**Take Thein To Court." Flotilla, said that there was nothing Fung who since the close of the financial Mr. Ramsay's instrutions were "Take wrong in the order being given for the year has hurriedly left for England them to Court" From that point, his hatches to be open while the buat was owing to the illness of her sister. Mr. being put to normal trim. He knew of no Admiralty regulation ordering the 1. J. Best is at present acting in her hatches to be closed if any water was place. being put in the tanks."

1b

4

The accident was undoubtedly caused The Committee desire to express their through the flooding of the ballast to thanks to all those who worked so hard such an extent as to bring the hatch to make the opera a success; to the under the water. He did not know how Cathedral Body for the use of the that Eappened, however,

A Juror: In other words, somebody Cathedral Hall for Committee meetings, has blundered and we have to find out etc., and to Messrs. Thomson & Co, for who 1

Lieut. Commander Macnair:

kindly auditing the accounts... Either blundered or misunderstood. There was a mistake somewhere.

The Society is to be congratulated on

The coroner (Mr. J. Pearce) said that carrying forward a balance of $80272 he did not see how they could attribute to season 1920-7.

any particular blame to anyone. It was

a mistake to which all were liable-to misconstrue what had been said. In SAFETY IN RAILWAY TRAVEL. future all orders should be very definitely given and understood, especially on board a submarine.

The jury found that the men died from suffocation and that the foundering was que to the misconception of an order.

"(THROUGH REUTER'S AGENCY.] COURT MARTIAL'S SENTENCE. Lieut. "Wavell. Dismissed and Esprimanded.

-imm

The Americans are wonderfully atten tive, and are wonderful listeners," he said, for during the time that the con- cert is in progress you will hear neither. a cough nor the rustling of a programme. They are keen and not in the slightest Lordship added that he found that there blasés, and they love to hear new com was imprisonment by the defendant of positions. 1 introduced twelve British the six plaintiffs. He also found that the works into the concerts this year, and action taken by the Police was taken at they had a most splendid reception, but the request of defendant, the defendant what pleased the Americans mest of all himself having taken, the car, "journeyed were four concertos from Bach and two to the Police Station in Kowloon City, from Handel, which I conducted for the hrought back the police, pointed out the first time in America. men and was present when they were handcuffed and removed.

Sir Henry also said there was still a good deal of jazz being played in the The imprisonment therefore fell into States, and although people suggested two sections, firstly, before the arrival of that the craze was dying down a little, the police, and secondly, afterwards. In he personally did not believe it. The respect of both periods his Lordship American people could, however, love and found that it was such an action as to appreciate classical music as well, for they give plaintifs good cause for their pro have a highly developed musical sense. ceedings against the defendant. So far, he found that it was an imprisonment by the defendant.

Ersach of the Peace.

DIAMOND RUSH.

Continuing, his Lordship said that the 120 WOMEN AMONG 15,000 DIGGERS. onus of jusufying the imprisonment was ONLY ONE PASSENGER KILLED therefore on the defendant, He was hot

IN 1995.

"The returns of railway accidents,

JOHANNESEULO, August 19th.

A diamond rush, greater even than that which occurred recently at Elandsputte, took place to-day at a farm called "Treasure Trove," in the Lichtenburg (Transvaal) district.

Fifteen thousand diggers participated, including 120 women in full running kit bathing_costumes. Some of the run- ner's wore football attire.

or

in a position to justify it by any allega tion of larceny of the cement bags, be- cause no such theft had been proved. just issued by the Ministry of Transport,t. Murphy himself at that time had in his mind, no other reason for "arresting | show that only one passenger was killed them. Mr. Wadeson, in conducting the in a train accident in Great Britain last case for the defendant, had submitted year. Since the opening of the present that it was, possible to justify the arrest on the ground of certain occurrences out century there have been two years-1901 side Mr. Murphy's house before his ar and 180s--without a single fatality to rival on the scene which constituted a passengers in accidents to trains, and in breach of the peace. Whether what hap- 1909, as in 1995, only one fatal accident the peace in law his Lordship was not occurred, whilst in each of the years 1816, prepared to find. But even supposing it of the vessel was due to accused's omit 1919, and 1623 there were only three.

were so, he found that the breach of the

Thirty-five thousand-Whites and 12,000 ting to give orders for trimming the sub- When it is considered

peace was at an end before there was natives watched the proceedings. marine in a definite manner, for not

over any imprisonment of the plaintiffs by the It is estimated that the population of 1,700,000,000 passenger journeys by train defendant. He also found in regard to the new diggings will be 50,000, includ are made every year on

the rail one of the plaintiffs that no connectioning natives. No fewer than 25,000 claims

with disorder had been proved against are to be pegged.

Loszos, September 14th. A Court Martial at Devonport into the disaster to submarine H20 has sentenced Lieutenant Malcolm Edgar Wesell to be dismissed his ship and be severely repri- The Court found that the hazarding

manded.

immediately investigating the flooding of the tanks and for omitting to ensure that the hatches were closed before the tanks were flooded.

that

pened actually constituted a breach of

hien

ways of Great Britain, involving the running of 282,000,000 passenger train, "Power of a Private Citizen. miles, it will be seen that a passenger's The power of a private citizen to arrest risk of death on the railway is so in any one connected with a breach of the The recent death of Asrael Zangwill finitesimal as to be negligible, & one in Peace ended when the breach of the peaco

terest

man,

woman

1,700,000,000th chance.

Among the sprinters were Olympic champions and holders of South African Tecords. Two men taking part had wooden legs and another had crutches.

One syndicate employed, 30 university students as runners.

It is stated that prospectors 'in one field found diamonds worth £37,000.

No Authority. was at an end. If there was a breach of the peace on that occasion, there was no There was no evidence before him, his doubt that it came to an end before the Lordship added, that the disorderly be- said that he also found that there was phy's house or on the property of Mr. arrest by the defendant. His Lordship haviour had occurred outside Mr. Mur no reason at all to apprehend a possible Murphy's employers, nur that Mr. Mur

phy had any authority from his employer renewal of the disturbance.

has caused much attention to be given to his career and writings. Of his plays it is thought that the best-known is the "It is impossible not to contrast this Melting Pot, which evidently did not comparative freedom from mishap with appeal to an American newspaper which said that it contained nothing to in the melancholy death toll of the roads, or child, Jew, as it has been described, which confronta heathen or Christian," although Mr. the newspaper reader daily, and is ac- Mr. Wadeon had suggested that the to make such an arrest if such conduct Roosevelt, who was present at the first centuated each week-end and every holi- local ordinance might provide justifica- had occurred. Any such plea with refer

ence to the local ordinance was there- performance, said "That's a great play, day period in town and country alike. tion. He had referred particularly to a

Zangwill. That's a great play. Compared with the ever-present peril of section of the Summary Offences Ordi-fore of ne avail. The plaintiffs were There were people who believed that Mr. the London streets, in which 840 persons nance. By these provisions it was pro- therefore entitled to damages,

His Lordship asked Mr. McCallum il Zangwill aimed at boing" the King of were killed in 1925, or the beavy death vided that if any person was found be Jerusalem, bat no one, not even Mr. roll of 3,831 for a year on the roads of having in a riotous or disorderly manner he wished to address him on the amount Zangwill himself ever expected that he Great Britain, a journey by train to hun- he may be apprehended by the owner of of damages.

Mr. McCallum asked for heavy dam. would become the manager of a theatre dreds of millions of people is practically the property on which the offence is com Within the last year or two Mr. Zangwill without risk. In no other country in the mitted, or by his servant or any person paid another visit to America, witnessed world are such elaborate precautions authorised by him. It did not provide the performance of some of his own taken to ensure the safety of the traveller that power could be exercised by every- plays, and brought away the opinion that by rail, and to this may be attributed the body; it was to be exercised by a limited the Americans were the beat half fortunate position occupied by Great class of persons. A educated people in the world.”

Britain in regard to railway accidents," (Continued on next Column]

ages

His Lordship, continmug, said he would assess damages at 625. each for the five plaintiffs who were handcuffed, and sis for the other man. Plaintiffs were also awarded corts.

•

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