1903-11-24 — Page 3

THE HONGKONG TELEGRAPH, TUESDAY, NOVEMBER 24, 1903.

EMBER

THE EMPRESS "—" KWANG TAI | Swinging of the vessel, there would have been no {

COLLISION

PROCEEDINGS. IN ADMIRALTY.

(Continued from Yesterday.)

-Shanghai, 14th November.. Before His Honour Sir Hiram Shaw Wilkinson, Chief Justice, and Commander Moore, N., H. M S. Sirius, Naval Assessor.

The Imperial Chinese Government, the owners of the cruiser Kwang Tai, v. the owners of the steamer Empress of India.

Mr. A. 'S. P. White Cooper and Mr. W. North Symonds appeared for the plaintiffs' and Mr. E. H. Sharp, K.C., and Mr. W. A. 'C. Phat for the defendant company.

The Kwangini had been given the greatest amount of room to resume her course, which was the only way, afer the Kwangtai's initial blunder in starboarding, to avoid the col ision. The Empress ve the Kwingtai as much room as was necessary to avoid the collision. If the Impress hd reversed her starboard engines, she would in all probab lity have run into the Kwangtai amidships, with consequently much more serious results. He would refer the Court to the case of the Saragossa, re, oiled in the Law Tin, 5, pp. 400. There was no question of fact; the collision eccurred at night in the open sea. In this case they thought the over- taking ship was justified. in changing her course, but the Court held that she changed he course more than she was justified in da. ing (Course here read extracts from Law Times, pp 6:4, vol. 6g). He submitted that the case was on all fours with the facts of the present. It is very seldom that in an Admiralty case one could obtain others which applied equally to one another, but the case of the Saragossa was one in point, extraordinarily applying to this case. If a vessel departed from her course, he must justify her departure in all respec s; she mut .show that she made that departure in the direction needed and the extent to which she made it, the Empress did justify her dep rture from ber course. But the present case was

collision. The Kwar 'ai could have no excuse for not warning the Empress for it is clearly obligatory on a ship which contemplated such a dangerous manoeuvre as this to inform the

other vessel.

Mr. Sharp: The next default which we allege against the Kwangral is that she was navigated recklessly. After the collision, as, evidence shows, no serious attempt was made to save the ship; no sail por collision, mat was used; no attempt was made to bench her. Two hand pumps were only employed although they had steam pumps; altogether the conduct of those on board the Kwangtai seems incredible; but now, we want to know whose fault it is that the collision occurred; we have gone through the

faults of the Kwangtai. Now in regard to the point raised in our evidence that the Kwangtai should have changed her course before the collision, unfortunately for us, the Captain, who could tell us, is dead, and there is only the helmsman left whose memory on the point may not be very trustworthy. The second officer has told us that an order was given which was not carried out. It is quite possible that an order may have been given by the Captain in the ordinary course as to the navigation of the ship, but as to this we have only to trust to the memory of the helmsman, He dence of the Captain and second officer whose would rather refer his Lordship to the evi evidence was clear that the Kwangtal's course quite clear that the change was made a little was diverging from the Empress's course. It is time before the collision, but sine the event. the matter had been thought over. The time, however, is not in the loz; we have only the the best of his memory, Mr. Davis puts the moment of the collision itself. Speaking to

time a little earlier than our own, ie, ten minutes. Up to that time it is evident and clear that the Kwangtai was ahead and puts us dead behind whilst our united evidence puts them dead aliead.

His Lordship-The second officer said it might be ten minutes earlier.

Counsel, continuing: The material change

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for a moment that the Kwangtai was justified | in starboarding at all; and not to the extent

she did,

Now, as to the defaults of the Kwangtai:- She undoubtedly committed all the blunders she could; the list of these blunders is . before the Court in paragraphs to 14 (of the petition): The first is an allegation which is always made in these cases, and, ii many instances, with reason she kept a bad look-out. This is only a matter of inference., We do not pretend we were on board the Kwangial and saw what was going on. But whether the Kwangesi's look-out was good or bad must be inferred from the conduct of the Kwangtai as it is accepted by your Lordship. She either did not see the Empress, or, if she

steamer 6 or 7 degrees on the port of the Kwangtai to commence with, and she ported to that extent. At 11.38 the Emprese made a similar change in the same direction; Mr. Davis' evidence was very clear on that point; we agree with the plaintiffs in that until this change was made, we were dead behind.-. Shanghai Mercury.

(To be continued.)

Auctions.

$1250

PUBLIC AUCTION.

did see, she must have miscalculated the dis. THE Undersigned have received instructions

to Sell by

PUBLIC AUCTION, TO-MORROW,

the 25th November, 1903, at to 58,

H.M. NAVAL YAKU, SUNDRY NAVAL, OBSOLETE AND CONDEMNED STORES,

Comprising

Boat's Boiler (about 40 H.P.),.

Old Bras, Copper, Iron Paper Stoff,

Rags, Canvas, Clothing, Implements,

&c.

&c.

&c.

DRESSMAKERS

AND -

MILLINERS,

HAVE JUST RECEIVED

SMART READY-MADE

WINTER COSTUMES

OF THE

NEW FASHIONABLE MATERIAL,

NOW SO MUCH IN VOGUE IN

tance. The witness for the plaintiffs, on the point of distances, differ radically from one. another. On either side, he did not think it would be just to take angles in with den precision. t is clear that the junk was not een in sufficient time to take a proper course until the last moment, If she did, she misjudged the distance; it is also clear that she did not sight. us. We saw her stern lights for two hours, and she should have seen us, and if she had a lookout, she ought to have done so. Apparently, the Kwangtai acted with absolute reckless dis- regard in all regulations. Her navigating fieutenant says he knew the Empress was over- taking her; then she must have been half a mile behind; he says he knew we were com< ing down, on his curse. Therefore it was gross negligence. Even from her own show- ing, the Kwangtai recklessly disregarded the THE Undersigned have received instructions PORT

Catalogues will be issued, TERMS OF SALE:—Âs customary:

HUGHES & HOUGH,

Government Auctioneers. Hongkong, 24th November, 1973, [1389c

PUBLIC AUCTION.

to Sell by

PUBLIC AUCTION,

FOR ACCOUNT OF THE CONCERNED,

on

FRIDAY,

the 27th November, 1903, at 11.30 A.M

at their

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N.B.-After Lot 100 the sale will be stopped and rerumed at 2.30 p.m.

LONDON.

Hongkong, 23rd November, 1993. (14100

THE HONGKONG STUDIO,

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Hongkong. 18th October, got.

17 D

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farse

HONGKONG EXCHANGE; OPEN DAY AND NIGHT.

SUBSCRIPTIONS.

EXCHANGE LINES, $100 Per Annum.

PRIVATE LINES, By Arrangement.

NO CHARGE FOR INSTALLATION,

N.B.-A special charge is made for lines of

more than average length.

ELECTRIC SUPPLIES OF EVERY DES

CRIPTION IN STOCK.

'INCLUDING :-

·DATTERIES,

*HEMICALS,

A. E. Moses

SINGAPORE,

BOMBAY

COLOMBO

Daylight.

and? FRIDAY, 27th Nov., at

Noon.

MARSEILLES, LONDON & ANT-SATURDAY, 28th Nov,

Daylight.

VICTORIA, B.C., and SEATTLE, SATURDAY, 28th Nov,, at

WERP, VIA SINGAPORE, PENANG,

COLOMBO and PORT SAID

U.S.A,,VIA SHANGHAI, MOJI, KOBE and YOKOHAMA

4 F.M.

BOMBAY, VIA SINGAPORE AND

COLOMBO

TUESDAY, 1st December,

At Noon. NAGASAKI, KOBE and YOKO-) WEDNESDAY, 2nd Dec.; at 1 HAMA

Noon,

* Through Passenger Tickets issued for the Principal Cities in the United States, Canada and Europe. in connection with the GREAT NORTHERN RAILWAY and Atlantic Steamers, Round-the-World Tickets also issued. Between Moji and Kobe, 1st and 2nd Class Through Passengers have the Option of Travelling by the Sanyo Railway.

For further Information as to Freight, Passage. Sailings, &c., apply at the Company's Local Branch Office in Prince's Building, Ist Floor, Chater Road.

A. S. MIHARA.

·Manager.

Hongkong, 24th November, 1903.

NORTHERN PACIFIC STEAMSHIP COMPANY.

BOSTON STEAMSHIP COMPANY. BOSTON TOW-BOAT COMPANY.

PROPOSED SAILINGS FROM HONGKONG,

VIA

SHANGHAI, INLAND SEA OF JAPAN, KOBE AND YOKOHAMA, FOR VICTORIA, B.C., AND TACOMA, IN CONNECTION WITH NORTHERN PACIFIC RAILWAY COMPANY.

Steamers. Tons.

Captains.

1903-04.

[s

COMPAGNIE DES MESSAGERIES MARITIMES.

PAQUEBOTS-POSTE FRANCAIS.

NOTICE.

STEAM FOR SAIGON. SINGAPORE, BATAVIA, ¡COLOMBO, ADEN, EGYPT, MARSEIL- LES, MEDITERRANEAN AND 'BLACK SEA PORTS, LONDON, HAVRE, BORDEAUX; ALSO PORTS or BRAZIL AND RIVER PLATE,

ON TUESDAY, the "r"December, 100%, MANCHE Captain Moirano, will be des- at 1 P.M., the Company's Steamship Olympia ... 2,837 A. Dixon... Nov. 25 Specie and Cargo to Europe and Ports of Call patched for SAIGON, with Mails. Passengers. Tacoma

2,812 M. Ridley Dec. 15 fortranshipment to S.S. Himalaya connecting Victoria......

3,502. Truebridge... ec. 19 at Colombo with SS. Sydney. Tremont...... 9,606 T. W. Garlick.. Dec.. 24

Cargo and Specie will be registered for Lon- Shazumut... 9,606 W. M. Smith... Feb. 20don as well as for Marseilles, and accepted in Lyrat 4,417 G. V. Williams. Jan. 21

transit through Marseilles for the principal + Cargo only.

places of Eumps. Not calling at Shanghai. Steamers marked (*) have no second-class passenger accommodation, an 11 LUC Pacific Coast and to the Interior and Eastern Cities of the United States and to Europe,

Special rates allowed to members of Govern ment Services.

-

Through Bills of Lading issued to Pacific Coast Points and to the Principal Cities in the United States and Canada.

For further Information as to Freight or Passage, apply to

-

DODWELL, & CO., LIMITED,

General Agents,

1874d Hongkong, 23rd November, 1903,

DRIENTAL

NINSULAR

STEAM NAVN

COMPE

THE PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY,

STEAM FOR STRAITS,CEYLON; AUSTRALIA, INDIA ADEN, EGYPT, MEDITERRANEAN PORTS, PLYMOUTH AND LONDON. (Through Bills of Lading issued for BATAVIA, Persian Gulf, Continental, AHERI- CAN and SOUTH AFRICAN PORTS.) HE Steamship..

a speciality. Hongkong, san↑ Septemilz, sfat

ELECTRIC BELLS,

face

T

INSULATORS,

Empress and manœuvred totally without thought; it is impossible to say, whether it was from negligence, but from her own showing, she disregarded, the Empress, and she certainly did not give to the Empress that attention she should have done. The next default is that, as an overtaking vessel, she should have kept her course. That matter has already been dealt with to some great extent. This point is undoubtedly one of the most important in the whole case. He would put it to his Lordship that before the condition precedent to their obligation to keep out of the way, the | INCENSE BURNERS. CAKE BOXES, | ALL PHOTOGRAPHIC ART PRACTICED Kwangtai was bound to keep her course, and if she changed her course, as she undoubtedly. did, she is bound to show the necessity for so doing both as to direction and extent. He did not consider it necessary to go into further cases of more recent date than the case of the

· Samgossa, cited on fols, 475-n 308 of Marsden. Throughout the case it is evident that there was no need for the Kwangtai to change her course. The junk was well clear of her on her port bow. It is also evident that if the Kwangtai had chosen to give the junk a wider berth, she, the Kwangtof, ought to have ported instead of starboarded. This persistence in starboarding made a collision certain and there was nevertheless plenty of time and space for the Kwangtal to have resumed her course, together with the movement of the Empress in reversing her port engine, which gave the Kwangtai an increased space to resume her course, and in which movement the Empress closely followed. He submitted that, under the circumstances, the fact of the Kwangtal not keeping her course is decisive against the

The above will be on view from Monday, the 23rd instant.

Catalogues will be issued. TERMS-As usual.

HUGHES & HOUGH, Auctioneers, Hongkong, 20th November, 1903, [13 78

F. BLACKHEAD & CO., SHIP-CHANDLERS, SAILMAKERS. COAL AND 'PROVISION MER- CHANTS, NAVAL CONTRACTOR' AND GENERAL COMMISSION

AGENTS,

PRAYA CENTRAL HONGKONG, SOAP MANUFACTURERS.

SOLE AGENTS FOR ARTMANN'S RAHTIEN'S CENUINE

Kwangtai. The next paragraph is really a part HCOMPOSITION RED HAND

of the last, in that the Kwangtai tried to pass the bows of the Empress the fastership. Such a proceeding would be wrong under the unic versal practice of reamanship, and this matter is referred to on page 483 of Marsden in con- pection with attempting to pass the bows of a faster ship, where it is laid down as improper navigation. We then say the should have warned the Empress of her change of course; had she done so, there would have been no collision. Had the Empress been warned, even a minute carlier, of the Kwangtal's change of course, there would have been time for her to have got out of the way; Captain Marshall bas stated that if he could have started the

&c.

BRAND, HARTMANN'S GREY PAINT, DAIMLER'S PATENT MOTOR LAUNCHES, &c..

&C..

Sole Agents for FERGUSON'S-SPECI ́1. CREAM

Jad

P. & O. SPECIAL LIQUER SCOTCH

WHISKY, &G,

EVERY KIND OF

SHIP'S STORES AND REQUISITES ALWAYS IN STOCK

ATA

REASONABLE FRICES. Hongkong, rath. May, 1796.

DENTISTRY.

SUI SANG,

(Lately Practising with Dr. I. SAKATA),.

DENTIST,

No. 26, Connaught Road Central Mengkong oth February, roz

[20

TSU FAN

DENTIST.

PRICE MODERATE-CONSULTATION FREE. Next to the Hongkong Dispensary,

SAMITARY SOFT

30, Queen's Road, Central, Hongkong, 28th November, 1902. (13890

NOTICE.

THE BEST PREVENTIVE OF ALL

INFECTIOUS DISEASES.

SOAP.

EYES

SOAP.

DISINFECTANT

"CHUSAN,"

Captain W. B. Falmer, currying His Majesty's

LIGHTNING CONDUCTORS. Mail, will be despate, the sth December,

"ELEPHONES,

TELEPHON

SWITCHES,

WIRE, &C. &C.,

PRICE LISTS ON APPLICATION. -

ELECTRIC BELL INSTALLATIONS,

Erected and kept in order.

Estimates given for all kinds of Electrical work,

Trained Mechanicians sent to Out-Forts to fi up Installations if required.

NOTE ADDRESS:7, ICR HOUSE ROAD,

BOMBAY,on SATURDAY,

at Noon, taking Passengers and Cargo for the above Ports.

Silk and Valuables, all Cargo for France. and Ten for London (under arrangement) wil be transhipped at Colombe into a steamet proceeding direct to Marseilles and London; other Cargo for London, &c., will be conveyed vid Bombay,

Parcels will be received at this Office until 4 F.M. the day before sailing. The Contents and Value of all Packages are required.

Shippers arp, particularly requested to note the terms and conditions of the Company' Bills of Lading.

For further Particulars, apply to

E. A. HEWETT

Hangkong, 23rd November, song,

Shipping Orders will be granted till Noor only on MONDAY, the

and Parcels at the 30th instant, Specia must be left at the Agency's Office. Contents Parcels are not to be sent on board, they and Value of Packages are required

For further Particulars, apply at the Com. pany's Office.

G. DE CHAMPEAUX, Agent Hongkong, 21st November, 1903

Insurances.

NEW ZEALAND INSURANCE COMPANY.

FIRE AND MARINE.

ESTABLISHED 1859.

CAPITAL

*10040

£1,000,000.

'

HAVING aang, we are prepared to

"AVING been appointed AGENTS for the issue Policles of insurance at Current Rates.

REISS & CO., Agents. Hongkong, 5th November, 1903. [13196

NORTH GERMAN FIRE INSURANCE COMPANY OF HAMBURG,

THE Undersigned AGENTS of the above Company are prepared to accept First Class FOREIGN and CHINESE RISKS at | CURRENT RATES."

SIEMSSEN & Co. Hongkong, 18th May, 18AE,

To be Let.

TO LET.

Tre

(0, 1, RIPON TERRACE (in FLATS).

No.

HOUSES in WONG NEI CHONG ROAD

facing Race Course.

FLATS in MORETON TERRACE, facing

the Polo Ground.

OFFICES now in course of erection, CON-

NAUGHT ROAD (Dear BLAKE PIER), GODOWNS in BLUE BUILDINGI. GODOWNS for Coal or Yam, PRAYA

EAST,

Superintenden. Apply to

Notices of Firms.

BANQUE DE L'INDO-CHINE. HONGKONG AGENCY,

THE HONGKONG LAND INVEST- MENT & AGENCY CO. LD. Hongkong, 12th November, 1903. £13500

TO LET.

CHEAPEST HOUSES IN THE COLONY.

HAVING returned to this Colony, I will M

RESUME the management of this Agency on Monday, 23rd November, 1903.

LOUIS BERINDOAGUE, Manager. Hongkong, 21st November, 1903.

NOTICE.

[1399e

W. STUART HARRISON, WHIGASA to sign our firm per pro- this day authorized Mr. M.

AVOID ALL RISK OF OUTBREAK BY ITS USE,

For full Particulars, &c, &c., Apply to

AM. INST. CE,

Manager

curation,

101

· Hongkong, and April, 1908.

29

W. G, HUMPHREYS & CO Bank Bulidings,

Tongkong, *h M

MIDZUSHIMA & Co.

ORRISON HILL GAP ROAD. NIGH Houses, 4 Rooms, Bath Rooms, Ont. houses and Verandahs. Only $40 inclusiv of Taxes.

WILD DELL BUILDINGS, No. 147. WANCHAI ROAD. Comfortable and Airy Flats of 2 or 3 Rooms, from $25 inclusive of Taxes.

S. A. SETH, Land and Estate Broker, Dairy Farm Co., Ltd.,

Hongkong, #1st November, 1903, [14ote - Hongkong, zath deptember, 19034__/|{916#