1908-06-26 — Page 11

The "Powan Disaster.

MARINE COURT INQUIRY,

VE OFFICIAL STORY OF THE 'WARCK.NE

Much interest was manifested by the river

THE HONGKONG TELEGRAPH FRIDAY, JUNE 26

Could you see any lend? Only the foreshore It Could you see hawab ?—Not clearly,vriye What did you do after telling the master that the ship was making water?--I remained on the bridge, it means it is 04 Did you do anything to help the crew lower the boss?--I did.

Could you? No

By Captain Pre Was the practice of the Zoman to take sharply to the left, nhar passing Chong His ?—YNN Pha

The Shatin Murder.

EN CONVICTION QUASHED. {}

PRISONERS DISCHARGED,

HONGKONG HOTEL

THE NEW BUILDINGS.

open space in the new buildings of the south * Messrs. Palmer and Türver have made an application to the Sanitary Board in regard to

end of the hotel. It reade

KOWLOON BOIBE"

NACTIVITY OF NEW MANAGEMENT,

*Under the new management, Kowloon

rection of the shipping community In The He Why couldn't you lower the boats?—There | that/727. She was so she AVONDAY -nay | delivered in "connection with the sansational Vintage Hönskade 100 ate) at which improvements are being carried.

inquiry which was held in the Marine Court, last Tuesday morning, touching the wreck of the stoamer Pawan, which took place near Cap sul-imun, on the 8th Inst., with loss of some Iwan. There was a number of shipping men and mercantile marine officers present throughout the proceedings

No other reason?-No. was no tima. T

You and three or four Chinese went to the bridge when the Captain hailed you? Yas. yes.

By that time the ship's stera was dowo ?—

STORY FROM THE ENGINE-ROOM. The Harbour-master (Comdr. Basil Taylor, The chief engineer-Mr. Rodrigues, of the A.N.) presided. The Assessors were Lent. Powan, He said. that sy after.ike ship left Henry Butterworth, N. H.M.S. Tamar, the wharf he went to the engine-room, and re...”. Captain James Pago,s,s. Tuigding, Captain Edmained there for about twenty minutes. son Stewart Crowe, as, Kicongial, and Captain Thomas Alexander Mitchell, s. Fek Sang,

CAPTAIN BLACK'S STATEMENTALE,

Soon after the Court convened Captain H. 1. Black, of the stranded steamer, was called upon 'to make his statement. He stated that, on, the

8th just be was on a voyage from Hongkong. to Canton, having left the wharf at 9 pm. Soon after he had got clear of the shipping the en- gipes were put full speed ahead. Before that the ahip was travelling at half speed. The weather was cloudy, but he could sea over a mile distance. Fifteen minutes after getting clear of the shipping he left the bridge consult the chart. He returned to the

bridge as soon as possible. A litle later it

Here Capisto Blick: laquired if the witness was asked if he looked at the clock: before the stranding. The question was put to the pilot, who replind 1: 9.29,- Witness, added that he thought there, was can more mile to go after Cross-amined by Captain Black-Way ald you say

#1 think, so when 1 asked you if you saw Mawan, when you did not

Witness said I think book mark th The Court-He said it resembled Mawan.}}; Captain Black proceeded to remark that when he put that question to the witness, he the wheel if he knew he was at the wheel he thought be was bear him, and not engaged at would not have placed so much reliance on him

The Court-Wa quite understand that.

QUARTERMASTER, EXAMINED.

system of mechanical

Some system the ongibe house, the cavering over therefore of the space will be ro bit a decided advantage to the upper portion of detriment to the engine house, and it will the Hotel

The Count-That was after the engines were put full speed?

Chan Tak, the No. 1 quarteralaster, was then point to raise. ↑ The argamant (Mr, Slade for | so into the rooms over wation will Thanksgiving Day and, piber: be called. He stated that he was at the wheel, Witness. Yes,

but left it for a while to fetch the Captain's Where did you go then-on deck? To my raincoat. That was about a quarter of an hour room,

before the Powar struck. On returning, he Was it raining then?--Yes. •

went on deck-port side.

The Court remarked that the evidence on this point was contradictory, "If," the Court anked, "you were on the port side how was the wind blowing? A

You were on the starboard side?—Yes,? Wat it raining Bard?—Yes; "27 Could you set any land? No. The night

was too dark.

engines working?--Yes.

When you left the engine-room were the

Going full speed ahead or astern?-Fall speed. Yes; but it was lost. Did you keep a register of the engine-room?

speed?-For about three-quarters of an hour.

How long were the engines going full

the The Court-Why did you leave engine- room when the engines were still going?—I: couldn't stop them.

How long were you in the engine-room after the ship struck ?—About five or six minutes.

started to rain. · This was when the vessel was off Chung Huo. On nearing Cap-sui-muD

Continuing, the witness stated that he was it was difficult to see land. He consulted standing on deck when he felt the ship bump, the pilot, in whom he bad every confidence, and quickly he made for the engine room. regarding the course and he was told that theThe engine-room was full of water when he Pass was being approached. No land could arrived. He heard the telegraph ring, but could be seen, but some few minutes later he sighted, not make out the sigual. The room became black objects on his port bow. The moon rapidly filled and witness was forced to leave, showed them through the rain. At first, he leaving the engines going. thought they were fishing junks, but an 'closer inspection be discovered that he was wrong. Reallsing his position he ported his helm, expecting to clear the rocks. The pilot was very excited. The vessel had only turned two and a half points when there was a grinding noise. Witness thought he could have cleared, the rocks, and sent the ship ahead, at the same time giving orders to sound, the well. The engines he stopped while the wall was actually being sounded. The chief officer, who was sent to do that work; reported three and a half feet of water in the fore hold, and the chief engineer actified him also that the vessel. was making water rapidly. He then decided to beach" the ship, and, sent her full speed for the land on' bin · starboard

side. It was a difficult matter, he said, to manœuvre the ship under such conditions as she would not cant under the helm alone. In order to get this be sent her full asters, Then be passed the word to the chief engineer to get the boats ready. A little later the plates began to buckle fore and aff. He was told that it was not possible to hoist The boats out, The Court Did you have any boat drill? Witness—Yes, once a week, di

What I want to get at is whether the davits ware in proper working order?—Yes.

By this time there was a pauic?--Yes, How many passengers had you aboard?-171, All Chipeto Yes.

Any European passengers?—No.

All this time the ship was sinking i—Yes. Did she have a list?--Yes, a little to star board.

THE MATE. AND THE BOATS,

Mr. A. H. Drown, mate of the Powan, stated that soon after the vessel cleared Fairway Buoy he went round collecting tickets, fo

The Court-Doer not the purser do that? Witness Yes, with the officer on duty. He bad just finished collecting the tickets, witness went on, and was returning to, the deck when he beard the ship strike. He went a1 once to sound the well and found three- feet of water there. He then went to try to get the boats out, but had not enough men to do so.

went

to the assistance

The Court-Then you of the passengers?

Witness-You. When the ship went aground was there much disturbance among the passengers? No, not very much..

Did you see any of the passengers in the water?--Yes.

"From the South," answered the witness.

WHAT THE LOOK-OUT MAN SAID,

deck, on being examined, said that it was Chung Su, the look out man on the main

in. He did not see Chuss Heat as a Buoy. sen Hus all. He did not sight anything before the ship struck, not even a junk. Algu

The Court-Do you mean to tell me you did not report passing a jank No.

The Court-You must have been keeping a pretty bad look out.

Captain Black-We do not put any reliance on these men.

We can see better from the bridge.

The Court (to witness)-What were you watching ?-Nothing!

Were you doing your beat ?—Yes. You saw nothing? Yes. All I saw was The witness was excused.

raio.

until Saturday morning to allow the second At this stage the inquiry was adjourned engineer-Mr. Robson-who is at present away in Manila, baving obtained a berth on the Team, to attend.

PURCHASING A JONK.

STORY OF HOW THE BILL WAS ALLEGED

„TO HAVE BEEN PAID.

•

Mr. O. D. Thomson, who represented the Have you any idea how they got there?- plaintiff, asked for permission to amend the

weit. Jumped into the water themselves.

Where were you when the stern sank?-Ofendant, said he did not stiously oppose Mr. Otto Kong Sing, solicitor for the de the hurricane deck.

When the ship sank was the launch still the application, but He would

draw there?-No, she backed out.

his Lordship's attention to a declaratios made by the plaintiff regarding the sale of a junk, which junk was later seized.

The Puisce Judge-This claim is for money. leal on the junk?

Did you see anyone lef(7-No. I think they all left by the launch. I saw a woman who had been washed up to the skylight, and pulled her out.

What became of you when the ship sank?... I was on a raft,

Who picked you up?—A sampan. Where did tha' sampan- take you? To the San Cheung, * ·

Procanding, the witness stated that he gave orders for the safety of the passengers, as the ship was settling down gradually. By this time the rain had ceased and the light was clearer. Ho signalled for help and the steam launch Kam SAMN, and some fishing boats in the vicinity came to their assistance while two other river steamers sent off their boats-to-hirey assistance, rescuing many passengers.

The Court-Were any of yourboats out? —No, So none of your boats were out, except one gig which fell overboard ?——Yes,

By Lieut. Butterworth-What time elapsed after passing the Fairway Buoy to the time of grounding?

Witsers-23 minutes. What do you estimate your fat! speed -Te

and a half kools.

At the time you struck you could not see. Do you not think that you ought to have

By Lieut. Butterworth-Are you told off to particular station in case the ship is in danger?--Yer.

By Captain Mitchell—The 'davits of the boats were all right. There was nothing, the matter with them.

- Court adjourned for tiffio.

PILOT'S NARRATIVE.

There were many more interested spectators in the court-room when the proceedings were resumed after tiffig.

The next witness was a Malay-the No.

Mr. Thomson-Yes,

Mr. Kong Sing stated that the amendment of the writ was not necessary.

PEANS

more elaborate scale. A new che lavey

the Supreme Court, on the 33rd inst,

Hotel hue been rejuvenated and at the present the Full Court presiding, judgment was

ont lt is bound to take a leading place among Shmin, murder trial which occupied the Dearr-With telarance to pravicus the first-class hotels in the Colony,Thurs in attention of a jury for several days last corespondence regarding modifications of not the slightest doubt that new blood has asagitious verdict of guilty was brought in of the south end of Hongkong Hotel, we beg to rendezvous, especially on those special even moeth.” In this case the reader will remember open spacer to be provided in the bow buildings i transformed the place into an up-to-date by the jury against the three prisoners, who apply for the open space on the ground floor inge when the gardens are aglow with fairy were accused of slaying three persons two men to be reduced by 300 feet, owing to the desir- lights and all the hidden nooks are occupied. and a boy on the Kun Yam mountain, in the ability of covering over the alley way at the Since Mr. O, E. Owen took over the Hotel it and it will also be remembered that just as theIt is desired to cover over this space for fire a private bar installed, and a public bar built, New Territory, on the gad December, 1906: back of the engine house, has been thoroughly renovated and repainted, death sentence was about to be passed Cous insurance purposes, and, in order to prevent or in the course of constructing at the rear of val for the prisoners asked for the arrest of the heat from the engine house and any fumica the old bar. The Kowloon, Hotel has always judgment on the ground that he had a legal from the gas plant rising up the alley way and had a name for lis menus and masy & resident the defence, the Attorney-General for the

when the late host dispensed the hodont can, speak with feeling on, That subject of festive occasions” Clown) lasted two days. The DOCEN

The Chiel Justice in the course of his judge the Attorney-General that the fact of finding the mett said-It was very strenuously argued by watch might be put in evidence even though the knowledge as to where the watch was evidence i take the law as is stated in Sir obtained by confession was not admissible in Filz James Stephens General View," which is in

agreement with all the other books."One

improperly obtained collateral information.be point with relation to confessions is well established. If in consequence of a confession procured the information may be used though the prisoner polate out the place where the confession may not. For instance.: property is bidden and if it is found ACTION TO RECOVER $10,000 there the fact, of the finding and the fact that the prisoner gave directions may be Kires in evidence, though the particulars of his statement may not. There seem to be some modern cales which do not quite bear out this last sentiment, but this is not material to this case. But the prisoner did not point out the place where the watch was hidden and this at once. exclades the application of all the cases which the present case. I take this to be clear, that were referred to, for they have no relevancy to the finding of the watch, had it been found without anything being done by the prisoner, would have been evilance. I should then evidence, of the great danger of convicting the have warned the jury, having in view the other

3. We'regret having to trouble the Board, with considered, but were unable to deal with le the matter after the modifications have been then, owing to it having arisen subsequently in connection with the installation of the engineering plant,Yours faithfully,der

PALMER AND Turner,

A EADY!S CLAIM:

Last Monday, in the Supreme Court, the Chief Justice (Sir Francis Piggott) presiding, Mms. Choy Ho Shi, of 63, Wyndham Street, brought a claim against the Wai Hing Hong Bank and Chan Too Po, the managing partner, to recover the sum of $10,000,

Mr. M. W. Stade, Jastructed by Mr. D. V, Stevenson, of Messrs, Deacon, Looker and Deacon, appeared for the plaintiff. The de fendants were not represented.

to refund.

Po was managing partour in the bank, judg After Mr. Slade had proved that Chan Tun ment was entered for the plaintiff with costs.

AMBRICAN SHIPPING ON THE PACIFIC.

O, AND O, LINE TO BE ABSORBED:

last month, according to the Chronicle, that, Announcement was made in San Francisco possibly in the near fatare, the name of the Occidental and Oriental Steamship Company will disappear from the realm of shipping a tivities on the Pacific. As is well known, the Occidental and Oriental Steamship Company. has beau in process of liquidation for nearly a year, and if it does go out of existence it will simply mean that the Pacific Mail Steamship Company will take over its business and the two steamships, which it is now operating, so that sailings out of San Francisco will to un wise be affected. N

Under the now" régima tha, sama system of "popolar sing, the. Hotel will be followed on a

North to take 'charge of the enlid dabart

favourite lounging ground and in these hot s meat and high hopes are held out of bis capacity. The gardens are, anemiWkYE, evenings after the sun has turned in to cont should prove an excellent reviver for the jaded: worker, when the balmy winds are at piny, They are arranged for tea parties kad for thous who sock light refreshments--or otherwise, Icas are to be the speciality for those content to indulge in mild pleasures and electric lights" "wlibllluminate the scane, not too garishly but saffeibat to meet all requirements. ( The din. ing ball has been enlarged and admirably ar- dianers are the rule on Saturdays. In every ranged" for large, or small pattins. / Mus cal Way the Kowloon Hotel promises to flourish with new vitality and its success is assured.

· FATAL COLLISION IN THE-

"HARBOUR.

A fatal collision is to be reported as having occurred in the harbour last Friday afternoon, as the result of which a woman lost, her life, ha collision happened at about 5.15 o'clock, when the steamship Leongrang was leaving the harbour.

065, minside;

number of passengers on board, was bound A coolie Juak, No. 2565, with a crow and a

through some reason yet to be explained, sha from Kowloon to Wanchal. In mid-harbour,

was run down by the Loangsang. The force of the passengers into the water. Several laun the impact caused the junk to heal over, throwing chee which were in the vicinity, including No.. a police launch, went to render assistance,

· rescuing everybody, except an old "woman, Kwok Ng, seventy-seven years of age, "who was found dmwfied in the hold of the boat. *** The passengers and crew were landed at Kowloon by the various launches, while the waterlogged junk was towed to Causeway Bay, a little while, but she was allowed to resume and beached The Leongsing was delayed for

been made. hér journey alter the necessary inquiries bad

to the mortuary

The remains of the dead woman were sent

KULANGSU OPIUM SHOPS.

from Messrs. Hastings and Hastings stating

Mr. Slade stated that he had received a letter LOOKISANG RUNS DOWN A COOLIE JUNK. that defendants would, not be represented in

fine silk clothing, was called to the stand, Court. They would not defend the case.

Plaintiff, a middle-aged woman, dressed in prisoner of murder in the circumstances be. cause it was of itself too slender to substantiate

and admitted that she was the plaintiff in the case. She said she was the fourteenth wife of the other facts of the case, much of which was Chey Chan. On the 6th January, 1905, she worthless; and, specially because the identi

deposited the Sum fication of the watch as being that of the de defondant bar and got a receipt. She had of Sipoo with the ceased was of the most unsatisfactory nature.not received part or portion of that sum i allade particularly to the five minutes play since, although the defendants had been asked A very strange story explaining the way, a acting in which the widow of the deceased in-'1 junk was alleged to have been purchased was dulged before she would identify it. And I told in the Suprente Court, Iasi.Sturday, be should have warned the jury still more empha fore Mr. Justice Gompertz, when Man Shitically that if they allowed this evidence Sam, alias Man Chi, a trader, of 94, Connaughto substantiate the other facts of the case, it Road, Central, sought to recover from Chan would involve the setting up of the story of the The Ting, alias Chat Kem Ting, a, Shau-ki- informer, which, I have no doubt as I told the wan Road, the sum of $207.94 money lent and jury, was in all incidents of his relations with interest thereon.

the prisoners, a tissus of falsehoods, and if this ware set up, it might lead them to find, all three prisoners guilty.' In these circumstances if the jury bad found all three prisoners guilty. there could have been no such motion as has now been made; and the prisoners would have had nothing but the prorogative of mercy to fall back on. But the evidence which was put before them enabled the jury to accept the pri- 'soners' possession of the watch as an admitted fact: and on that without doubt their verdict hung This evidence was wrongfully admit ted; and we have, not to inquire what they might have done in other circumstances, but simply to deal with the facts as they are. I think, To proceeding to oultice the particularsoftherefore, that the conviction should be quashed. the case, Mr. Thomson observed that the bave only to add one word in consequence of plaintiff in this case was at one time, thewhat was said by the judges in Rex v. Bawdry, owner of the Wing Cheong Sing Junk Have 1 sacrificed Justice and common sense, On the ith November Jast be agreed to not at the shrine of mercy but at the shrine of sail it to the defendant for $1,500. An agree-quilt?" I say in this case, emphatically, no. 1 ment was then made by the interested have already glanced at the unsatisfactory parties, in that agreement the purchase price nature of the evidence. I will deal with it now of the junk was mentioned as $2,500, the price more generally; there are only two facts certain arranged being only $1,500. This was done, the in the caus: the three men were murdered and plaintiff would say, at the request of the de- that the informer was among those who com fendant, who wanted to cheat his master. Omitted the crime but as to the facts related the day the agreement was signed defendaniy the informer, and by principal witnesses for paid $too on account, plaintiff acknowledging the Crowb, especially by the widow of one of having received 5,100 instead of $100. On the deceased, there was not one flimsy particle various later dates defendant paid certain of truth in it; the real facts of the case were care.. last, there was a balance of 5700 still due, and the most ridiculous cock and bull story pul two promissory notes-one was for 5500 and dastardly murder were we are not likely ever At the request of the defendant plaintiff signed in their place: What the true facts of this most the other a simple acknowledgment of histo kaow; nor whether the real murderers were indebtedness of $200, the reason being that not four but twenty-four. I will the stamp on the first promissory note would not cover more than $500 in due course further payments were made by the defendant until the debt had dwindled down to $185. On the 8th June the defendant's accountant called on plaintiff and stated that

The Puisne Judge, in his judgment, examinedings out of San Francisco will not be affected. the debt, if he would caff on him. Plaintiff did the disputed evidence, and in conclusion said have for some time past, in effect, been bandlad shops to be closed by the 31st March, 1959, and The affairs of the Occidental and Oriental for the sale of prepared opium, half these said not go on that day. On the following day the will now sum up the conclusions" I have and managed by Pacific Mail officials, Mr. R.. the remaining ball by the 31st March, 1910. accountant again called on plaintiff. On the arrived at on this evidence I find firetly P. Schwerin, vice-president and general mana

Macgowan : "How maDY. tit o'clock, accom proposed to licebastian w my shop panied by the accopetant, went to defendant's belongs to me was inadmissible. I find Oriental President; Mr. A: G. Kerrellis separar. Wallace: "Seventeen is the limit." premier. At a, Tùng là Wan When he recordly, that the evidence that the prisoner

- Mr. Macgowan, whilst thorongbly agreeing arrived there defendant produced two sacks opened the box was quite unobjectionable: the agent for the Occidental and Oriental, with the resolutions that the Council had containing coins and placed them on

is addition to filling the same position for the act of opening being under the circumstances other Harriman steamship companies, and Mr. carefully drawn up, merely suggested ala beefendant then asked plaintiff to siga neilbar confession-but a perfectly colourless D. D. Stubbs general: manager, if the one that, in liceening shops for the sale the receipt in full, which was done. Then, is fact-part of the vergesti. Thirdly, the Occidental and Oriental steamship official who of prepared opium, the number seven- was alleged that defendant took the receipt evidence of the finding of the watch was right has no affiliations with the Pacific Mail, aliieen that had been mentioned was really picked up the sacksofmoney from the table, and y admitted, I know of no legal principle or left the room, telling plaintiff he would be paid which it could have been excluded

bough acting under the orders of Mr, R. P. larger than the needs of the case demanded, and he thought that five or six would be amply whed his (defendant's) father returand, Plaintiff

Now the finding of the watch was an integrar Schwerin. It is whispered that if the company sufficient, As the actual resolution made no waited soma time and desändant kept putting part of the case for the Crown, and the Cours with which he is connected retirei from business mention however of any particular, number, bé?

being unwilling to exclude it altogether, but will probably continue with the Pacific hoped that the discretionary powers that were

IMPORTANT RESOLUTIONS ADOPTED.

A special meeting of ratepayers was hold at the Municipal Board Room: on the 15th June, Bowra, Braun, Fenwick, Gottwaldt, Gots, 1958, Present:-Meiers. Arnold, Barton,

Macgowan, Dr. Merz, Nielsen, O'Brien-Butler, Howard, Kehler, Kruse, Lorrastreo, Revd.. Okayama, Revd. Pitcher, Saugar, Misa Usher, Revd. Wales, Wallace, Wilson, and Wylly. The Rard, Joseland, Revd. Sadler and others. Conval, was in the chair,

Dr. C.. Matz, Consul for Germany and Senior

Years ago the Occidental and Oriental and the Pacific Mail were rivals in the trans-Pacific trade, but for many years past, by reason of same interests, there has been no real com the fact that both companies are owned by the petition. Both companies are controlled sintly by the Southern Pacific and the Union Pacific Railroad Companies The Pacific Mall owes its own vestel, but the Occidental and Oriental has always operated its ships under leases, the Gaelir, the Coptic, and the Darte being the three ships which it had on the go to China for many years.

The Gaelic was returned to the White Star were purchased by the Pacific Mail Steamship. and Asia. These two steamships, although company-and-the games changed to Persis Pacific Mail steamers, na constitute the en- say that I bave grave doubts whether tire fleet of the Occidental and Oriental Steam:

whether fung shut had anything to do with the case. The ship company, and are at present being used jury have found the prisoners guilty, probably and Oricotal Steamship Company goes out of

Mr. Wallace then moved, seconded by from some weakness which they detected in business these two vessels will contious on the Mr. Bowia, a resolution as follows: That a the prisoners' defence, but certainly not on the run as l'acific Muil steamships, and the sail- certain limited number of shops be licensed direct evidence offered by the Crown,

minimised your speed?-1 saw land, looking whole time, he said. After leaving. Fairway sums on instalment votil, on the 16th January fally kept back by those who only know them, lins some time ago, and the Doric and Copie opium smoking, shops and houses:be' closed-

round..

M

"According to regulations at sea do you know. that heavy fain is...s reason to slow down?-- Yes.

How much did you allow for the‘abb tide that was vancing Half a knot coming across, Are you in the habit of slowing down when' you see land ?-No.

How many minutes did you see laod before you struck About three minutes. ."

starboarded and ported?--Yes,

pilot of the Powan. He was on the bridge the

Buoy he sat his course N.W. by W. 'W..

The Court-What?

Captain Black-That is by the wheel-house compars

The witness went on to say that from the wheel-house "be could see nothing outside. The same courts was kept up to Mawan, except in two (instances 'when they had to shift for fishing junks. Then he altered bis course to N. W, by W. ¿ W. That would be three or four minutes later. The night wa

By Captain Creme-When you sırdck you, dark, but the rain only fell after they had pass❘ defendant wanted to pay him the balance of This concluded the Caplain's evidence, andeda junk, the second officer was called.

"SKCOND-OFFICER'S. MARRATIVE.

Mr. Evans, second officer of the Paean, said"

he was on the bridge at the lime she ship left her wharf. That,would be, about nine o'clock,

The Count-Was it raining at the time? Witness-Just a little.

Otherwise what sort of weather was it Pretty fair night?--Pretty fair,

After leaving Fairway Buoy what` occur- red? The wind came up from the west.

Was there much wind?-Yes, Rain. ahead of the wind,..

Could you see any land after passing Fair way Buoy? Could you see Chung Hue ?-No. Why couldn't you see Chung. Hue?-On account of the maiò, non tam

After passing Chang Hue what happened? We altered our course for two junks."

Which alde did the junks pass you ?—--Star: board."

* And you retumed in your coume, NW. by W.-Yes.

{

The Court-You are sure the rain did not fall Before?

Witness-No.

Proceeding, the witness said that the night baing sa dark he could not see a thing.

The Court-Before we go on any further, did not the Captain ask you if you saw anything on your port bow Yes... He asked me if that was Mawan..

What did you say? said, "I think so Captain"

Did you see it yourself?—No. Then, why did you say you thought it was Mawan?—I thought it was,

Where did the Captain point when he asked you If that was Mawan?-Port side.

What made you think it was Mawan?—I 'said, "] think so. · I did not see it proper."

Still, I cannot understand how you thought it was Mawan when it was on the wrong side?-

| 1 thought Mawan was there.

The chatt was produced and witness pointed out the place what the Payal was at that time when he thought Island on his

Then you sighted Lantau on your port bow?port aids. He pointed out Capas land,

And was there anything on the starboard bow-Nothingjast delive

How far were you away when you sightad Lantas --Close în.

Did you hear Captaip, Black sing out to the pilot and ask him if the land or his starboard bow was Mawan Island ?-No.

You couldn't tell me what the pilot did say or what the Captain said?No SNE

After your balm was out hard sport how long was it after she struck ?-Half a minute.

Was it a heavy shock, or just grinding over the rocka-A grinding noise.gpg,

What happened then ? What did you do?-1 did all I could on the bridge, the Were the engines kept going ?--Yes, They were not stopped ?-Not tatil the last minute to my knowledge, jezik

And the helm still-kapt hard' aport?--I can't

|

|

adding that he believed that was Mawan,seid

The Court-What made you think that you were at Mawan when you were at Capsing ?-

Witness, in an undertone, said something : about the tida,...:

Give me your reasons for coming to that conclusion-Witness said something quite beside the point" "

•

The Court-What made you think you were here it thought it was Hawan.

But why ?-No auswer, Bov,

You must have some reason. Your mind must have gone through some process for you to do that? There must be some reason ?-Still no answer. Vol

Well, you can't give me any reason?-No reply

Can't you give any reason at all?—No, sir, Te that course, N. W. by W. W the usual courne?—Yes, I always steer that course, hogy Have you ever found yourself out before when seating that courist-Norge Rod Again the Court pressed the; witness for his resson formistaking Capsing Island for Mawan, His answer was (but he thought it was Mawan He did not see anything on his port side. 2). Where did you bass the drei Junk ?-Half way between Fairway BhoyZand Mawan, tumad 1; } = The Court-You, as Nosz pilot, was actually und two at the whsel ?--Yel

No, no. What I want to know is Was the helm kept hard apart after the ship struck I left the bridge soon after she struck, went to take off the hatches to see if the was making water." zagore

- Was sha zmaking water?

"And what did you do then

Whom war the No a pijot at the time?-Ha.

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him off with various excuses. He waited in the house until the evening when he sent for a friend, who sent for the police and the parties adjourned to No. a Police Station. There they were sent to the Summary Court, and these proceedings were the resultado, mas A.

In cross-examination, plaintiff stated that he ald hot come down to Hongkong to "squeeze" the defendant, porn Paisne

for the moltes pidge-Have you the receipt

Mr. Kong, Sing-Yo. It is an imaginary receipt, 10, 20 an

Judgment was entered for the plaintiff for Bray and costa..........

PRIVATE CONVENIENCES

DIFFERENCE OF VIEWE

on the rún to the Orient.

Mail

DESAN, PROMISSORY NOTH DISPUTE.

meating,

The Secretary read the notice convening the

mitted the following resolution--That all :: Mr, Wallace,. Chairman of the Council, sube

proclamation on the subject, which proclams. within two months of the issue of a special lion will be issued immediately after its aps proval by the Consular Body, be pa

The motion, seconded by the Revd. J. Mac- gowan, was put to the meeting and carried Daznimously."

תי ..

vested in the Conscil would lead to there beingi as law licensed shops na possible, and so hu viry heartily voted for it

being doubtful if it could be properly admitted, thought it right, as I imaginn, that the trans- action should go to the jury as a whole, subject to the reservation of the point of law. Under

- Me Walince was of opinion that alk shops, QUESTION 'AS TO WHO PAID DECIDED, thesa circadistances the law-is in my opision

would sell as much as seventeen, and said that perfectly clear. There can be no doubt that Chan Shan U, a trader, residing at az, Queen's the matter had been mosi carefully considered the conviction fr bad if any evidence which is Road Central, was the defendant in an action by the Council, and it was only proposed to A landmissible and which might have inflrenced heard in the Supreme Coujt, last Monday; } issne-licenses in shopa at present

the verdict has been allowed to go to the Mak Man Blog, broker of 179. Quicon's vis, sronteen, at in kistence the jury to the prejudice of the prisoner, ever Road West, was the plaintiff. The scilon wad, Mr. Kross thought that it did not matter

if without it there was legal evidence: 53 recover the sum of 3350 due to the plaind much bether the number stood at seventeen ** amply sufficient to support a conviction. This on a promissory note dated 22nd November, or less as the shopkeepers' would most prob- is so, though the objectionable evidence. E. H. Beavit, of Messrs Wilkinson bining together so as to avoid the payment of exodus Bekably reduce ibe, number themselves, by com- not elicited by the prosecutor atʼall, but spon- KSMY tanecusly volunteered by a witness, and though" | and Grist, appeared for the plaintiff. The de license feet prisoners' Conusel raised no objection to its fondent appeared in person grow and Mr. Wilson said they ought to consider the being received. The ground of the principle For the plaintiff, MY, Beavis stated that this oplam smoking, shopkeepers whom - war wars shortly stated are that a Court of Criminal. Ap- | action was to recover a sum of money on a closing down at only a short notice of twe peal has no means of determining how far the Chinese promissory hote.. Sjuce the writ had | months, and give the whole of the seventeen/ jury in smiving, at their decision have been. been issued defendant had paid, 530 on ac, present, shops the opportunity of taking out jofluenced by the inadmisible evidence. I count as tropassport licenses for the sale of prepared soplom. › Be- hava no doubt, therefore, that the verdict can- Mr. Justice, Gomperts-Then he practically tiden. the question of whether thera” warn not stand.. Finally, ibere il no question that drijs the cinim Pants

sevanicen or six chapa was of little conse- the finding of the watch, alleged to be the pro-Mr. Beavis I don't know a

quence, as the whinle of the licenses would be perty of one of the persons whose death formed Mr. Justice Gompertz Then he had better cancelled in less than two JOLIE, BATAANO the subject of this indictment, in the possession be asked, but do all tran DU Mr. Wates supported, the Council's motion of the art prisoner might have been accepted Defendant on being asked admitted that he simply because badid hot sag that by sitering by the fory as confrmation of the evidence of owed the money, but not to the plaintiff, whom the number of shops it was proposed to licens the informer against all the socused; and this he did not know ALCANZA

for the mla of prapur, dopiam, its ould make being so, the conviction must be quashed and Plaintia, said he, kućew the defendaci, and any practical diferance to the consumption of all three prisoners must be discharged for bin the man The Attorney-General made an application. Mr Gomperts

foro.. him to be likely in eine lan irritation sad also for leave to appeal to the Privy Colincitmissory note)

to arold soy possible socusation of barth daal- Mr. Slade argued that the Count must either Plaintif

2% bgHwas not half hearted in his desire to afim or quash: the conviction they bad no

"that" see this thing dose, but he would like to xha power to detain the prisoners,

dant, done effectively and with as:littla-Initation.

was then putta

The following falter was laid on the table at: the Sanitary Board mosting last. Tuesday after-|

Colonial Secretary's Office,

- gth:June, 1905. Sir,--With reference to your letter of the 14h ull, and to previous correspondence on the subject of the recent decisios of the Sanit ary. Board to allow water clossia in certain buildings," in "Kowloon, I am directed to sequaint you for the information of the Board that invlaw of the importance of the question of the farther Introduction of water closets in the Colony and of the ad verse medical and other expert opinion to such latroduction, His Excellency the Governor has deemed it prudent to amend Section 163 of Ordinance of zoos by the insertion of the wards and the consent of the Governor lake The Chief, quics said they had Council" after 1bn wärda without the perm That paint and did not eas their way "sion of the Board, am, stre

the effect of their "jodament la g the Crown to'sPPOSE RELA

uuse/Lentibim the mone.”

estion; plaintiff, adim the money the

and