1927-08-17 — Page 11

THE HONG KONG DAILY PRESS. WEDNESDAY, AUGUST 17th, 1927.

DESCRIPTION OF A dead weight, and marine enginer STORY OF "HOMESTEAD'S"

SHIPYARD.

WAS IT DERELICT "'?

ACTION AGAINST LONDON "DAILY TELEGRAPH."

A MISER MILLIONAIRE AND HIS YACHT.

TH

An action for damages for alleged libel was recently brought by Otto Andersen & Co. (London), Ltd., of Wivenhoe, Essex, against Viscount Burnham, proprietor of the Daily Telegraph.

41

dock

up to 800 horse power. There were two or three other shipyards at Wivenhoe, but they were much smaller. There was no other ship- yard containing a dry dock för sixty miles around. The premises also possessed a re-erection yard. The company took over with the yard

half-built ship. machines and engines of the yard were in first-clase order when he took possession, and business could have been started at once.

The

Hi Lordship: Did you -No, I did not.

FATE.

KEEL RIPPED OPEN BY ROCK.

ADMIRABLE BEHAVIOUR OF

.

*CREW.

BOMBAY, July 24th.

THE CHINA COAST,

CHANGES IN OFFICER PERSONNEL.

Captain R. W. Bateman, of the Tungwo, has gone master, Kiang- p. Captain J. M. Bain, of the | Kiangwa, has gone mäster, Tung-

The Captain and grew, number ing 37, of the ill-fated American: Mr. A. Pirie, from reserve, has Mr. Moller: Was skilled labour cargo steamer, Homestead, arrived gone second officer,- Foothing, available -Any amount. All we in Bombay this afternoon on board. Mr. R. B. Symington, sup's third required.

Mr. Andersen went on to 135 that he at once set about trying to get work for the yard, and sent out circulars and becklets showing what the yard could do. They were sent to customers of the old company and to his friends in the shipping business.

Mesars, Anderson alleged that in an article la the Daily Telegraph Mr. Moller: Is there any truth of April 10th, 1929, that dealt with in the suggestion that your yard the death of

American was closed at the date of this ar millionaire recluse paired Yr.ticle -No because it had just Bayard Brown in his yacht been opened, that

dry lay in

During his at

cross-examination, Wivenhoe it was stated, that the Mr. Hawke remarked that it was yacht lay in a derelict shipyard not until May 18th that the plain near the hulk of a half built ship tiffs' solicitors wrote to. The Daily abandoned long ago when the yard Telegraph drawing attention to the

Mesars. was closed."

Andersen alleged libel. alleged that such a description of their shipyard had done them great damage because the yard was not derelict and was not closed.

Lord Hewart: Was your indig nation simmering for five weeks?

Witness did not reply. Mr. Hawke read the letter, which The defence was that the words called attention to the “were not defaumtory and were publibel" of the plaintiffs' business

lished in good faith and in the be

the steamer unglon,

They are in good spirits, though very reticent about the fight they had with the elements, to themselves and the ship."

CONSIGNEE NOTICES.

THE BEN LINE STEAMERS, LIMITED.

FROM FITA. MIDDLESBRO",

ANTWERP, LONDON

STRAITS.

AND

The Steamship "BENALDER"

CONSIGNEES of Cargo are hereby informed that all Goods are being landed at their risk into the hakandona and/or extra baxardous Godowns of the HONG KUNG AND KOWLOOK WHARY AND Gobowy COMPANY, LED hence, and/or

from reserve.

engineer, Aungwo, is on Mr. P. Stewart, from reserve, has gone sup's third engineer, Kung:

100. 13ve

Mr. R. Lent, chief engineer, The vessel left Calcutta on July Tsengtah, is on reserve. Mr. 12th, half-laden with cargo, and F. Drake, from reserve, has geno was on her way to Bombay, where chief engineer, Hein Treanglah. she was to have completed loading for 'New York.

❤G

THE GREAT CHINA."

As she was nearing Mangalore July 90th the encountered heavy seas, and the Captain felt NEW STEAMER FOR MANILA, that she would run late. Early

AMOY RUN,

next morning, about 4.30 o'clock, the vessel ran against a rock. Her keel was ripped open, and she ben gan to ship water heavily.

Attempt To Reach Shore.

serious" The Captain immediately sent

headed, Hermit of the Yacht.

the wharvas Delivery may be

obtained

No Clarins will be admitted after the

Goods have left the Godowns, and all Goods remaining undelivered after the

3rd instant, will be subject to Rant.

All Claims against the Steamer must be presented to the Undersigned an or before the 6th September, 1927, or they will not be recognised.

All broken, ahafed and damaged Gooda are to be left in the Godowns, where the 23rd they will be examined on instant, at 10

No Fire Insurance has been affected. Bill of Lading will be countersigned by

GIBB, LIVINGSTON & Co., LTD

Agents

Rong Kong, 18th Aug., 1997. (3226

Siy Cong Bieng & Company in- nounce that "they have been ap pointed the Manila agents of the Great China Steamship Company of Amoy and that a ne moderADOLF VON/BAYER"

HAMBURG-AMERIKA LINIE.

NOTICE TO CONSIGNEES.

Steamship

occurring in the article, which wed, meantime to race towards the out distress signals, but endeavour- After a two days' hearing the jury On May 25th the acting managing share, which was 15 miles' distant. steamer, the Great China, only having arrived. Consignees of Cargo: azu |

lief that they were true.

found for Lord Burnham.

1.

The ease was heard by the Lord Chief Justice (Lord Flewart and a special jury),

Counsel for plaintiffs were Sir Henry Maddocks, K.C., and Mr. N. H. Moller (instructed by Messra. Stokes and Stokes); and for defend- ant, Mr. J. A Hawke, K. C., and Mr. J. G. Trapneli (instructed by Messrs. Alfred Cox and Son).

Sir Henry Maddocks stated that the words complained of imputed that the plaintiffs' business of ship builders and ship repairers at Wivenhoc. Essex, was derelict, and they did him injury in the eyes of people with whom he dealt. Plain- tiff company was incorporated on February 3rd 1924, Wivenhoe was a little place on the River Colne, about three miles from Colchester. The business at the shipbuilding yard had been established for a great many years, and had produced some good ships. In 1924 Otto Andersen & Co. (London), Ltd., bought the yard, which had been carried on by Forrest & Co., Ltd., and afterwards by Rennie, Richards &Co. The latter firm went into liquidation in 1092.

Bayad Brown The Eccentric Millionaire.

editor of The Daily Telegraph" te plied:.

With reference to your letter of May 18th you will have noted, no doubt, that the reference in our columns was made as far back as April 10th last. If your clients desire to reopen the mat. ter The Daily Telegraph will be pleased to publish a paragraph making it plain that the ship yard, is not derelict.

Now what more do you want than that " asked Mr. Hawke. Did you write back and say, Make an apology Your answer was the writ, wasn't it?”

Lord Hewart: Did you accept the offer to publish a paragraph explaining that what was said to be closed was really openi

Mr. Andersen: No, I did not. Why not-I did not want any further publication.

took

What about this case 1-1 legal advice, and they said the damage was done.

Preferred Compansation. Lord Hewart: You thought you

rather would

have writ thought I would rather be compen- sated for the damage that had been done.

Lord Hewart: Ah! Compensa- tion. (Laughter.)

minute, size shortened the distance by about 10 miles, before she be came completely disabled. The crew straining every perve, tried to run her ashore rather than let

shipyarda, will be placed Though she was sinking every

her sink out at sea."

At about 10.30 o'clock the dung ban came alongside and tried to tow her, but had to give up, as the Homestead was already up to her fo'c'sle in water.

Thus, after a thrilling struggle lasting nearly seven hours, the Homestead had to be abandoned,

hereby notified that their Goods are.. being landed and placed at their risk in Godowa Company godowns at Kowloon, the Hong Kong Kowloon Wharf & e-where Delivery can be obtained as the

Gooda

completed this year in the Amoy on this important ran. This up-to-date vessel is expected to make her but to Manila on or about. August 18th bringing cargo and passengers from Amoy. The Great China is of about 8,000 tons gross and has excellent accommodations for 80 cahin passengers" and over 1,000 steerage.

The Great China as taking the

and the crew were taken off. They place of the Hmg An, which has were able to get on board the been turned back to her owners on Aungban without any difficulty, with most of their personal and account of the expiration of her valuable belongings. The last they charter." saw of their ship was the topmost part of the mast, sticking out of the water. "

The sea continue drough, and the dungban therefore took nearly double her usual time to reach

Bombay.

On arrival, the rescued Captain and crew

were received by the American Consul, who arranged for their stay in Bombay,

The Chief Engineer testified to the admirable behaviour of the crew in trying conditions at sea, also their treatment on board the Aungbum,

In the shipyard was a yacht which had been there for many years. It Mr. Hawker You issued your was occupied by an American writ ca May 26th, the day aftor named Bayard Brown, of whom the defendant's letter-I suppose notices had appeared in newspapers. 50. Bayard Brown lived a retired. Lord Hewprt: Article April the article appeared the secluded life on his yacht. He died there on April 5th, 1920. The great Daily Telegraph had from a special correspondent who went down to see about Bayard Brown," The article appeared in

tica, in fact, went up.

NEW B.I. STEAMER.

The twin screw steamer, June, which has been specially built by Swan, Hunter and Wigham Richardson, Ltd., for the B.I. ser- vice between Penang, Victoria Point, Morgui, Tavoy and Moul mein and back, may be expected, to arrive at Singapore about Septem

ber 2nd.

are landed.

Optional Cargo will be landed, "unless Notice has been given prior to Steamer's arrival

No Claims will be admitted after the

Goods have left the Godowna, and all Goods remaining undelivered stor the 22nd August, 1927, will be subject to +Rent.

10

All broken, chafed and damaged Goods are to be left in the Godowns, where they will be examined on 19th August, 1997, at am, by our Surveyors, MERЯTE. Goddard and Douglas.

All Claime must reach us before the 90th

August, 1927, or they will not be recognized.

No Fire Insurance will be effected. Bill of Lading will countersigned by the Undersigned.

ני

JEBSEN & CO..

Agents. Hong Kong, 15th Ang., 1927. [512l

NORDDEUTSCHER LLOTD, BREMEN,

THE

11

HAMBURG-AMERIKA LINIE

INCLUDING

HUGO STINNES LINIEN

COMBINED FREIGHT AND PASSENGER BERVICE CABIN CLASS ACCOMMODATION FOR 30 PASSENGERS. FARE FROM HONG KONG TO GENOA £73, 0, 01, OUTWARD.

Sailings from Europe for Shanghai and Northern Ports:----

+++

8.5." "SAARLAND" (BAL) 8.8. "EMIL KIRDORF (ESL) 8.8. "HESSEN“ (FLA.L) ......... 8.8. "SACHSEN (SLL) 8.8, PREUSSEN (H..L) HOMEWARD.

due here on or about the 28th Aug. dus here on or about the 17th Sept. dus here on or about the 27th Sept. duo bere on or about the 19th Oct. due here on or about the Sith Cet.

:

Bailings for Europe via Manila, Singapore,

Colombo & Port Said :—

*H.V. "MUENSTERLAND”

(H.St.L.)... sailing from here on or about the 7th Aug. 18.S. "OLDENBURG" (HAL) sailing from here on or about the 9th Sept ISS. ADOLF VON BAEYER"

(ESL) ailing from here on or about the 91st Sept. 8.S. "SAARLAND" (HAL)

(BAL)... sailing from here on or about the 1st Oct. 1.8. "EMIL KIRDORF" (H.SAL) sailing from here on or about the 22nd Oct. 18.S." HESSEN" (HAL) ........... Hailing from here on or about the 1st Nov. 8.8. "BACHSEN" (H.StL) sailing from here on or about the 15th Nov *Calling at Marseilles, Botterdam and Hamburg,

Calling at Genos, Botterdam and Hamburg.

For Freight, Passage and further Particulars please apply to

JEBSEN & CO.

12, Pedder Street.

61]

Tel. 0.2995, Tel 0, 4754

JAVA-CHINA-JAPAN,

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Yurk Building

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JAVALYS

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HKOI LAR FORTNIGHT SERVICE BETWKO JAVA, CHINA AND JAPAN.

Fan

In Port 17th Aug. SoxnaBALA In Port

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STRANDIS

FROM

BYFICTED OX OF ABOUT-

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GORJISTAN ... TJISAROEA TJIKINI TJIKEMBANG TJISONDARI ... S'EAL, TJIPANAS-CAVAB

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BATAVIA

44

All Goods remaining undelivered after THIBODAS

In Port 17th 173 Steamer

21st Aug. 23rd **ANHALT"

23:d НАМ. baving arrived from BEEMEN, BURG and Ports, Consignees of Cargo

& Marita 97th hereby notified that their Cargo is TJITAROEM ... JAVAMakistan 29th being landed at their risk into the GoIGALAK

N. CA

AMOT 29th downs of the Hong Kong & Kowloon TJIKARANG BATAVIA 4th Sept Wharf and Godown Co, Ltd., Kowloon, TJIKEMBANG LUNG. 8th where Delivery can be obtained.

JATA MAKASSAR 12th N. C. & Axor 12th TJIMANOEK

BATAVIA SELL, KLUNG 20th TJIKARANG No Fire Insurance will be effected by TIKINI..... Jaya,Makassari 25th ain any can whatever,

10th, your letter of complaint May 18th, their reply May 25th, writ

the 22nd of August, 1927, will be subject TJISAROEA..... an article May 28th. You seem to have put on the accelerator after writing your letter. (Laughter.)

Witness made no answer. Mr. Hawke: Between February, 1925, and April, 1928, was the less

the business on

£3,171 7-The

to Rent

She is 200 ft, in length by 43 ft. 6 in. beam and will carry 2,000 tons propor-d.w, with accommodation for 22 first and second class passengers and a large number of native pas- sengers.

A heavy derrick capable of dealasia ing with lifts up to 20 tons is fitted outfit of the steamer is very com- plete including electric light and ventilation, wireless telegraphy, two tanks for carrying cargo oil, hospital, etc.

Mr. Hawke, referring to plain balance-sheet shows that."

That was after giving credit for

an issue of the paper on April tis solicitors' letter, quoted the the yacht of £2,4341 If it had not on the foremast and generally the Godod Packager must be left in the

10th, and was headed Hermit a the Yacht. Unsolved Mystery. Burial in New York." They had this in the last paragraph:

words "a serious libel, and

Lord Hewart asked the witness if he thought it was a serious libet Mr. Andersen replied that he did think so.

been for that the loss would have been much heavier-Tes

In re-examination, witness said he agreed to pay £22,500 for the abipyard:

He arranged that his body should be embalmed and taken to

Lord Howart: Did you really - New York to be buried beside Yes.

Sir Henry put in a book of the his father, who rests there in

Mr. Hawke, reading further company to show that from April Brooklyn in a glass-topped coffin. from the letter, quoted the phrase 4th, 1925, to August 31st, 1925

To-day the embalmers were at that the plaintiff's yard was "an there was paid in wages and

active and enterprising yard, domaterial £736 28 id.

work in the sombre stillness cí the yacht, where it lies in the dry dock of a derelict shipyard, beside it the hulk of a half-built ship abandoned long ago when the shipyard closed.

The Lord Chief Justice: That is

not the end. It becomes quite pre anic in the last paragraph. Sir Henry then read:

It is understood that. Mr. Brown's medical attendant has certified that death was due to heart failure. Consequently the coroner for the district has de- cided that it is not neccesary to hold an inquest.

The machinery consists ongines sets of triple expansion engines applied with steam from three cylindrical single ended boilers ar- ranged to burn oil fuel on the ing work for the Admiralty." He The Lord Chief Justice pointed Wallsend Howden system with. asked: Was it doing any work out that from the end of August, forced draught. On the steamer's for the Admiralty"

1925. to June 30th, 1926, nothing | trials & speed of svar 14 knots was was paid.

attained.

Mr. Andersen: It had been

"A Fib?"

perfectly well that up to the date Mr. Hawke: Don't you know

this article was published you had never done say work for the Ad- miralty!

Mr. Andersen: For the War

Office, then.

Mr. Hawke: The letter says, "Doing work for the Admiralty Bad the War Office." You had done no work for the Admiralty until then.

Sir Henry remarked that The Daily Telegraph was said to have the largest circulation in the world. Plaintiffs had spent money in buy-poctical, wait it?

ing the shipyard with a ship on

Lord Hewart: That was rather

Mr. Andersen: No. Lord Hewirt: Was it a fibt)

the-stocks, which was euphemisti"Is doing" is the present tense, cally described as a hulk or soŽKA thing abandoned there. It was you know that Yea

& Mr. Hawke; Are you able to has ever done for the Admiralty! suggest any work your company

-Not unless I refer to the list.

How vessel, one-half built, and it had been completed and obtained the highest classification.

Lord Hewart: Let him refer to the list."

If the correspondent and made inquiries before writing the article ́added Sir Henry, he would

Witness could not point out from have found that the company had the company's books any reference taken over the yard, and be would to work for the Admiralty. have learned that a considerable

Subsequently, in reply to his aum bad been expended in prepara lordship, witness stated that it was tions for floating a company to true to say that from December, make a large concern of the yard. 1925, up to the date of the article, He would also have found that the company never did any ship- there were draughtsmen there, people who get out, tenders, al- building, but he said they were

-preparing for doing-work-

though there was an absenca of work for the moment.

Plaintiff's Evidence.

Questioned as to the takings, witness agrood that from February, 1925, to Joquary, 1928,

Mr. Otto Andersen, of Cork- 40 per cent of the takings were for atreet, W., in evidence, said he was rent of the dry dock and 60 per chairman and managing director ceat. for business.

Counsel put other questions, and of the plaintiff company, and the holder of 999 out of 1,000 shares in remarked that he was suggesting it. He bought the shipyard in that the proportion of the takings October, 1024, and at that time it other than the dock rent had been consisted of the shipyard, dry going down for months before the dock, and plant and machinery for article appeared, and that after building vessels up to 2,000 toni (Continued on next Tolumn).

for examination by the Con signees and the Company's Surveyor, Messrs. Anderson & Aahe at 10 am on the 16th of August, 1827.

No Claims will be admitted after the Goods have left the Godown and all Weeks of the Ship's Arredor d Claims must be presented within Twa which date they not be recognised.

Consignees are requested to surrender

Wireless Talegraphy..

45th

31st

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The steamers are all fitted throughout with Electric Light and have socommodation for a limited number of saloon Passengers. All steamers carry a daly qualified surgeon... Cargo takön at through rates to all porta in Netherlands India and Australi

For Particulars of Freight and Passage, apply to the

JAVA-CHINA-JAPAN LIJN.

10]

their Bile of Lading to the Undersigned WITHOUT PURE BLOOD HEALTHĶIS IMPOSSIBLE. for countersignsture.

MELCHERS & CO.,

Agents, NORDDEUTSCHER LLOTE, BAZMAN, Hong Kong, 16th Aug., 1927. „[3220

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