1930-06-11 — Page 6

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HONG KONG DAILY PRESS, WEDNESDAY, JUNE 11, 1930.

HOTEL REFRIGERATING

INSTALLATIONS.

MR. HACKER SPENDS ANOTHER DAY IN THE WITNESS-BOX.

RETORT TO SUGGESTION THAT HE WAS BEING

ASKED TRICK QUESTIONS.

A suggestion that Counsel for the defendants was making an attempt to trap him with trick questions was made by Mr. Hacker yesterday at the Supreme Court when his cross-examination by Mr. Potter was' resumed, Counsel retorted that he had bad to put up with a lot of comment from the witness, but as to putting trick questions, his profession did not permit it.

4

Mr. Hacker, who was not in good health, was allowed to sit on a chair placed in the witness box, and he occasionally rose, to. explain his points." At one time the chair had moved to the ex- treme edge of the platform. Mr. Potter, noticing the perilous position of the chair, drew Mr. Hacker's attention to the danger, at the same time remarking, "Though we are at arms length, I would not like tu see you down."

A COUNSEL'S RIGHT TO INTERROGATE.

Mr. Hacker is the refrigerating expert called by the plaintiffs, Messrs. Andersen, Meyer & Co., who are suing the Hong Kong and Shanghai Hotels, Ltd., for $25,383.30 as the balance duc for the instal-

counter-

Possibility of a Water Shortage.

Trick Questions." Counsel continued his questions on this point, when witness suggest-

ed that prick, questions were being put to him.

Mr. Potter I am putting up with quite a lot of comment from you. We don't put trick questions, and our profession does not allow

it.

לי

Can you point out any sentence where it is stated that Mr. Brearley made any representations ?-Pre- vious letters did.

Referring to n report made by witness himself on the working of the Peninsula Hotel plant, Mr. Potter asked witness specifically to point out where it had been stated, that Mr Brearley had made repre- sentations. Witness replied that his report conveyed this intention, and the Hotel knew of the verbal, ar- rangements made by witness with Mr. Brearley,

Mr. Potter:

You say that "the water is warmer than anticipated.

| Isn't that rather a milk and water

way of putting it -No, I don't think so. When I wrote that letter,

I understood they clearly, know they" were responsible.

Counsel said that nothing could

And that is why you did not men- So far from Mr. Brearley guaran- tion Mr. Brearley's representations? teeing you a supply of water, he-Yes. warned you that there was possibility of a shortage of water 1-have been simpler than to state that Yes, but it was not a probability, Mr. Brearley had promised to pro- Witness went on to say that Mr. vide water at 70 degrees tempera-

ture and at a certain volume,

If you believed you had a suf- ficient supply of water guaranteed to you, there would not, so far as the refrigeration plant was concern-

lation of refrigerating and ico Brearley was contemplating using plants. Defendants are

some of the water in the hotel Bush system. claiming for $140,000.

The case is being heard by the Chiel Justice (Sir Joseph Kemp). Mr. H. G. Sheldon, instructed by Mesars. Johnson, Stokes & Mastered, have been any necessity to re- is appearing for the plaintiffs, turn this water to well 1-No, there while Mr. Eldon Potter, K. C., with would not have been.

fence.

Mr. F. C. Jenkin," instructed by I put it to you, if there was no Messrs. Deacons, are for the de-necessity to return it to the well it was the very last thing you would have desired to do -Yes, we would have wasted it..

When the cross-examination was resumed, Mr. Hacker was referred back to early March, 1028, when he had said Mr. Brearley, the Hotel engineer, made statements to him about the water which would be used for the condensers.

Mr. Potter: You realise what an important statement you suggest

For the simple reason if you re- turn the water to the well, you are returning hot water 7-Yes.

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Answering other questions on this point, witness said that he had WINTER always maintained that the water question. was outside his part of the contract. That was stated in the letter.

Mr. Potter: From the reading of that part of the letter, could a person understand that Mr.. Brear- ley had made some representations about the water 7-It would suggest that it refers to something because Mr. Brearley and I talked over the

matter.

"

Overloading the Plant.

You made charges of overloading and If you return hot water to the

say that certain representa-

well, you will reach a point where

tions were made to you. Who made the well water is so hot that youy-Yes, and later Mr. Bourne.

those representations-Mr. Brenr- will render the plant unworkable t No.

you are trying to twist the iden.

Why did you not do the same

that Mr. Brearley made to you That water would have had a hething as in the case of the water -

do.

Because the whole success or otherwise of this ginnt would depend upon the correctness of that state ments 1-Not the whole, but it was A very important point.

If he goes wrong on his volume and temperature of water, the plant is bound to be failure -Yes.

A Daring Statement.

It was rather a daring statement for a person to make who had only just arrived in the Colony and had not even seen the well-I don't consider that to be a fact."

E

Why Because they had. gone into this matter with Mr. Brearley's predecessor and he had data of his predecessor for his use.

.

Witness continued that he knew that the water was to be obtained from a surface well to which a pump was connected, and Mr. Brearley might have obtained his information from that as he could have obtained the temperature. Though the water supply was-im- pertant, it was not part of a,re- frigerating engineer's work to go out and dig wella. In this case the matter of water was left entirely to Mr. Brearley; the one thing witness being clear about was that he was guaranteed a full supply. of water at 70 degrees maximum temperature.

pass.

I did, and I leave it to his Lord- ship to judge.

Counsel reminded witness that he was entitled to ask questions re-

and the meaning to be placed on eertain passages.

I put it to you that provisions of this kind were only put in because you contemplated most serious pos sibilities of a water shortage I garing a letter written by himself am not stating that we were net.

Then Mr. Brearley did not guar- antee you an adequate supply of water -Oh, yes he did. These conditions don't alter the fact that he guaranteed.

An Offer by the Hotel. Mr. Potter referred witness to letter written by the Hotel to the plaintifs in which they blamed the defendants for the failure of the installation and asked them to look into it. Counsel asked if it was not a fair offer on the part of the Hotel to ask the plaintiffs to carry out a test.'

Witness: Yes, but I was in the hospital at the time and they did not have any other refrigeration engineer. When I came down, I found the coils had been changed.

Questioned closely on the reply to this letter, witness said that it was written by Mr. Forbes, who was not a technical man,

In answer to other questions, Mr. Hacker said that it was Mr. Brearley who wanted the water to come back to the well after pass- ing through the condensers. The suggestion did not come from wit

nesa,

Counsel questioned witness as re- gards the sanitary arrangements at the Hotel and remarked that the return of water for anitary püz- poses in the way contemplated was wholly unnecessary.

Mr. Potter: Did you discuss the nosaibility of a shortage 7--Natural-

The running back was one way of avoiding the shortage -Yes.

That was suggested by you 1-No," it was not.

the loads of the plant and was Witness was then questioned on

asked to explain how he arrived at the figure of 40 tons refrigera. of the figures in respect of each tion. He proceeded to give some refrigerating room, when Mr. Potter, suggested it would save a lot of witness' time if be prepared a list to be available in the morning. Counsel humorously added that Mr. Hacker could sit down at his leisure Mr. Potter: Don't blame the tien with a glass of ice water beside and precare the necessary informa- poor man. I put it to you that a him. business man is just as able to write a letter as a lawyer.

Mr. Hacker: I don't agree. Counsel put it to witness that there was not a single document in Mr. Potter then referred witness which it was suggested that there

Counsel Surprised.

Dealing with the percentages of deduction for loss of refrigeration caused by opening of doors, switch- ing of lights and other causes, Mr. Hacker eaid that frozen mutton was placed in No. 1 refrigerating room, 20 degrees, such mutton in its. where the temperature would be

were hused. Frozen state being 15 degrees at the

to a section of the contract dealing were particular statements on which with the condensing water part of the plaintiffs' case the plant, which provided for the Mr. Brearley had said he would give time it got out of the ship's re- water being returned to the well water of a temperature of 70 rise in the temperature of the frigerator. There would be a slight alter passing through the con-

degrees and also an adequate mutton in its passage from ship to densers. Witness said he did not supply. Is there any letter 1-1 the Hotel room. consider "that to be extraordinary, think Mr. Forbes made it clear that and the suggestion was Mr. Brear- the Hotel was to blame ley's. The reason for the provision was that the latter was not sure of the capacity of the well.,"

Mr. Potter: And he told you that Yes.

Then what, became of his alleged guarantee of 120 gallons a minute? He had to get it from the well or some other source.

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Mr. Potter said that this raised an important point, and he was surprised, as it was the first time Mr. Potter referred to another he had heard that the room was letter written by the Hotel putting being used for storing mutton. No forward a claim for over 20,000. mention had been made of this when

itesse horend what it was a Coun

fiminal for the plaintiffs aquned his serious matter unless they were CI166, bluffing.

Mr. Hacker attempted to explain In that letter Mr. Hawker, the this point, when Mr. Potter re managing director of the Hotel marked," Let us not wrangle about Company, makes a clear statement it; we will do all the fighting to-

A CANTON. that the plant in radically wrong - morrow. Yes, the answer to that letter was The Court adjourned until 10.30 that we cannot agree.

this morning. :

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[9507

DOD WELL & CO., LTD.

HONG KONG.

FOOCHOW.