1911-07-29 — Page 8

287

WRONGFUL DISMISSAL.

Capiatur Austin in Court-

Serious Allegations,

"I bog to give notice that within 24 hours of receipt of this Jotter your services as captain will no longer be required. This is in accordance with a vorbal agreement entered into between you and ourselves when you, took up the duties as captain of the Ilui Ming."

THE HONGKONG TELEGRAPH SATURDAY JULY 29

Captain Austin: Because my accepted terms like that. I have Tho Puno Judge:" Wore employer know,

boon at sea a good many years, ioso complaints brought to his but never nccepted such terms,

Mr. Stoavenson: Įrelevant?

Mr. Lewis: You were suployed by anothor company, were you

not?

Captain Austin: Yes, Mr. Lewis: And you were missed?

Is all this

notice 7

Mr. Lewis: No, my Lord, Mr. Lowis: 1 am cross examin- there was unrouson why they dis-ing to show that on previous oc- should.

Captain Austin: No. Mr. Lewis: You swear that? Captain Austin: Yes, I am on math.

Mr. Lowis: I put it to you, you were dismissed.

And

Consequently on receiving this

Captain Austin: No, 1 had a lotler Captain T. Austin look legal raw with my employers, proceedings and in the Suminary

Mr. Lowis: Yos, exactly. Court on Tuesday before Mr.

loft at a day's notice? Justico Gompertz, the action was

Captain Austin: I went away. hoard in which, the Captain

Mr. Fowis: I put it to you that claimed from the Chi Wo and Co. the sum of 870 dollars-720ree yours ago you were Captain

you

officer.

Mr. Lowis: My Lord; p pose to call an export witness on Alleged Neglect. behalf of defendants-Captain Mr. Lowis: will suggest n Jonos, the assistant Harbour:

PORSON. Were you not told that Master, will you allow him to you had not carried out your romain in Court?

ilutios as captain satisfactorily? The Paine Juige: the Captain Austin: No I have other side has no objection. never been told that. There is

Mr. Steavenson: Noobjection, so hitch in this may lord, my Loril.

I

The Captain's Carcer

HONGKONG CHAMBER

1911

OF COMMERCE.

Monday's Important Mecting.

On Monday afternoon, mooting ensions, and on this occasion, this Provooding, Mr. Lewis said the Commerce was held at the City of the longkong Chamber of man could be dismissed at 24 result was that the company in-all to consider the matter of

structed the compradore to go lo

hours' notice.

man.

་

Mr. Stovenson thon opened and said Captain Austin is master mariser. He has passed the Board of Trado examination, I has hard considerable experience Mr. Lowis: Tliere was some French passingor, at son; in fact he has led a morsuch incident?" cantilo lifo since the agouf 14.

the ruin of the boat?

runtiers.

dit.

Mr. Stonvenson Hongkong to

The Puisne Judge: You were Did the French Consul mako Canton, night service. He is amado to do this? 0130 of considerable ability,

reprosentations to the English Captain Austin: I was made, Consul?-Yes! strictly sober and a conscientious

my Lord. ollicer.

Mr. Lewis Did these persons

Complaint to Consul Did the English. Consul write knowledge was told they complain to the owners to your to you?-No, he sent for me.

ha that becasion you did.

The Puise Judge: inssume all that. The other sido may say he is not.

|

"No Oficer to be Seen."

Mr. Lewis then called the ovi dence of the Chief Engineer, Rabort Loch, who spoke to often finding thecaptain and chief officer missing from the bridge,

Evidence.

a

in

to a decision that afternoon, but jest to the docisions arrived at: their prosence had been requested Intor as a result of the special to onable them to decide whother meetings of the various of porting they hnd sufficient support firms and the sub-commities to bo along the firms of the colony to nominated.

goon with thesolomo. Hethought Mr. Muliler seconded. Curried.

cussion or go into details at that Armstrong and seconded by Mr. The Chairman thon submitted it would be conceded that they could not have a very full dis- the amendment proposed by Mr. meeting, but if the senso of Friesland to the effect that the

of

the meeting was generally in original rosolution bo addod. favour of the scheme which had to oxclude silk, other than raw been put before them his proposal silk, waste silk, silk picce goods,

Characters.

The bund in Canton is infested

Continuing Mr. Lows asked the bridge and see if the captain form of contract to be used plaintiff if he had gone into the and chief officer kopt watch. The connection with the oxport cabin and lagged a Chinese wo compraders went on the ship at certain Chinese goods.

| 12 o'clock and there was no Euro- Tho Hon. Mr. E. A Bowott would be that three firms ropre-all motals, all mineral ores, curios Plaintiff denied that.

pean on deck or on the bridge. presided and amongst those pro-bontod on their committed and (including chinn) and blackwood, Mr. Lowis; Have you gono [lo

asked the pilot where son were:-

four firms elected by the other That, ho said, would be practically: down to the annoyance of other the captain was.

The reply

Mossrs. G. H., Medhurst, N. oxporters should together form a incorporating the point mado by passengers-No.

was that he did not know, he had J. Stabb, Hon. Mr. O. H. Ross, committos to discuss the question, the Canton Ohaniber of Con Denies Frightening Ladies not been there for a long time. Shellim, G. Friesland, O. G. and to call meetings, as neces morce. This was also carried. On the 20th May, did you walk

Maokio, F. 11. Armstrong, H. W.sary. He hoped that the final The original resolution was abruptly into the women's quar-

Robertson, H. A. Siebs (the secre-result would be satisfactory. In then put and carried. for a short period-I_say_nine|ters of your ship and frighten

At three o'clock in the morning ry, hr. E. A. M.. Williams). the meantime as thintanceting was a dollars in lieu of three months' days, thou immediately became one of the lady passengers again wout on deck and lenser Eberius & Co., G. Binder, sort of preliminary canter they put to the appointment of a sub- The Chairman's suggestion ne lodgings.

chief ollicer under Captain Evans, No, I did not.

oflicer was to be seen. He watch F. Earon, A. M. Essabhoy, A. B. that rough resolution before them, canmittee was adopted and the He was represented by Mr. Captain Austin: I cannot ro-

Did you know that a complainted for several nights, and overy Moulder, A. H. Barretto, I. Dos- and it was for them to expross following fruis appointed- Stevenson, and Mr. Lawis amenabor why I was captain for a had been made about that?-No, time he went to the bridge the brock, A. Cordeiro, K. M. Cum- their opinions on the subject. Il Messrs. Jardino, Matheson and peared for the defendant com short period and then made chief I swear that.

chief officer and captain were ab-ming, F. S. Pabaney, D. K. Mons; the majority of them were in Co., Mossrs. Melchers and Co, pany.

And you lavo nover seen sent, and the ship was sailing in A. Forbos, Jorge, J. H. Rutton-favour of the contrast then he Messrs Siemssen and Co., Mosers, translation of a letter received chargo of a Chinese schman. He jeo,, H. G. White, Van Andel, would propose that they should Bradley and Co., Messrs. Arnhold, From Cauton-No.

was told his services would no, Bovington, C. A. Wendt, form a sub-committed and the Kurberg, and Co., Messrs. Car Do you know whether or not longer be required. I shall put uhler, D. Langstein, E. Dauber, matter be dealt with. He begged lowitz and Co. and the Holland Chinose passengers have boon the chief engineer in the box and C. R. Lenzmann. annoyed by your presence?--Noo will say that on sovoral occa

to propose the resolution which and China Trading Co. Hon. Mr. Howottsaid that as they was as follows:-"It is also only know of two complaints,sions he had to go on deck to make were all aware, the question of the distinctly understood and agreed. TO Develop pratas. one whon 1 snt in the ladies report to the captain; he could form of contract had been before as the basis of this Contract that quarters at the request of and neither the Captain nor the the Chamber of Commerce for description, quality, assortmont, passengor, and the second when chief officer on watch.

many years past and more especi-weight, etc., shall be na above

Transportation of Canton Bad Mr. Lewis: Perhaps this will throw water over the runners. I shall also get the Assistant ally of late, at Cantou whore the described and that any inspection. remind you: Do you romqimber Captain Austin admitted that Harbour Master, Captain Jones, Canton Chamber of Commerce of the goods prior to shipment (Tu■ "T■LEGRAPH " CORRESPONDENT.]

incident when you throw dirty it was the daty a captain to cou-who will tell you a Chinese son had frequently referred to their shall not be considered awanivor of water over some passengers?

Canton, July 24. sider the comfort of the passen man is not the proper person to committoe, asking them to help orinnny way invalidate any of such Captain Austin: That was when gors, but he admitted he used whom a ship should be trusted them arrive at some satisfactory conditions. Should after arrival with street thieves, and snatching was made by Captain Evans. justifiable" language to and that it is to duty of the solution of the mattor. As thoyat destination, all, or any portion is an overy-day occurrence. The captain to set mallors during wero all aware, questions wore of the goods, prove not to agree owly appointed Taotal of the Mr. Lowis: Did the French the whole of the voyage. If he frequently arising betweenoxport- with above description, or weight, Constabulary considers that a Captain Austin They were passenger complain to the French did not do so he was guilty of aer and nativo doalors as to quali- or any other condition, the same short term of imprisonment for The Puisno Judge: What is not passengers, but passenger Consul at Canton I believe hesarions breach of duty,

tios, ratos, assortment, and as shall be examined, within six this offence is not a good way of to their final port of des- weeks after arrival of the vessel abating the crime as these rogites tination. It was with aand should a dispute arise within my resume their nefarious jobs as view to dndeavouring to arrive 25 days, to bo arbitrated upon by on as they have finished serv at a more south working of the two independent experts, to being their terms of imprisonment. export trade, as well as in the nominated either by a Home Cham- Moreover the Namhoi and Pun U interest of Chinese exporters and bor of Commerce or chosen by the prisons are overcrowded. antive dealers, that the meeting Agent of the Hongkong Exporter The Taotai has suggosted a Resuming aftor tillin Mr. Lewis had been called, and it was hoped and by the Consignee, without any good way of romedying this evil were asked the Puise Julgo if he that some satisfactory conclusion oference to either of the parties to by exiling these bad charactors to guilty of strong language towards wore satisfied from the ovido.ce might be cons to on the subject. this Contract. If both Arbitrators Pratas Islands to open up the assenger? Not actually that for a considerable time the would be na well if he related to cannot agree, a third person shall lands there. This suggestion in strong, but he did complain. captain was absent from the heu how the question at the pre-bo pominated by two Arbitrators a splendid one is both Cantoni

its justified in my action. I was bridge, congratulated by the Chinose

sentmoment oroso. Thoquestion and act as Umpire.

and Prutas Island will bo bono- The P'aime Judigo: Isuppose was put bofore the committes of "The final decision of either fitted by it. passingers for my attitude.

that is so mbject to rebutting the Chamber of Commerce with such two Arbitrators, and/or such clusion of this examnation, said the tronumy of these ships; and actions and in order to solve the toall parties to this Contract both The Puisus Judge, at the con evidence. I know nothing about regard to certain cassia trans- Umpire shall be final and binding in addressing, Mr. Stevenson, require something more. Throwing Water

dat a prima face case

question a form of contract was | in Court and without.” Mr. Lewis: For throwing water made out.

Mr. Boris: I will end] fur-[put forward, which was unecòpt- Me. Ross in seconding agreed over the passengers?- was in Mr. Stevenson: I would ask ther evidence to prove that for able to their constituents. The with the list of articles that the structed to do it because they used save in the evout of anything liver was in charge.

hours at a stretchi no European committee was quite prepared to Canton Chamber of Commerce Before Mr. J. R. Wool at the go into the first class and mono-coming forward to find rebatting

deal with the question and at the wished to be excluded from the Magistracy on Tuesday, the polized the place.

evidence.

The Compradoro was called, regnost of some nino firms in the forre of contract. Tho articles case was ro-hourd in which the Mr. Lowis: I put it to you that Mr. Lewis: My cross-examina who said he had received instrue colony, arrangements were inade which they proposed to oxclude Wing On Company was proso- in consequence of that identition 'shows the whole line af tious to go on the ship at night for a small sub-committed to be were:raw silk, wasto silk, silkented recently with having 20 you wore reduced from captain to defence. I submit to you that on to see if the Europam ollicors formed. A meeting was called pieco goods, tea, all metals, all tins of condensed milk exposed 15 months, at the end of which thief officer.—I was chief officer the evidence of the witness he has wore attending to their duty. He which was largely attended. mineral ores, curios, including for sale for consumption in tho. period he received, the lotter at the time.

shown to you that he has acted in did so, and confirmed Mr. Lewis While the question was still un-china, and blackwood. Continu- Colony without having them quoted.

Mr. Lewis: I put it to you were manner which has entitled his statement that neither Captain norder consideration the ginger peo-ing Mr. Ross said he could readily labelled in accordance with a re- Tho salary was a low one, but captain-1 deny that, for Captain owners to dismiss him. I have Chief Officer was to be seen. ple put forward a similar demand. understand that some firms who cant enactment. Mr. F. B. L. ho was promised an increase if Evans said to me: am sorry case to answer.

Captain Jones, Acting Assistant A sub-committee at one or two had been exporting goods for Bewley, Crown Solicitor, prose- business justified. He knows no Austin, you have to 'get' for

Harbour Mastor, said a boat of mootings docided that it would great number of years, and had eated and Dr. F. W. Clarko, Medi- reason why he is dismissed. On throwing water over the runners,"

l advisable in the interests of been dealing with Chinese mer-cal Officer of Health, watched the The position was this. The the tonungs of the Hai Ming the trade generally to see if it chants in the old stylo, hesitated proceedings on behalf of the Sani- receipt of the lotter ho want to the Mr. Lows: If that is not the

380-should are two European defendant company and, asked reason, will you tell me what was? play on various occasions. The Officers, and for those slicers to were not possible to arrive at some to give up the old custom. He tary Department. It will be re- them to state a reason why they cannot tell you. had dismissed him. The only

Mr. Lawis: When you applied first occasion was some ten years absent from duty in narrow satisfactory form of contract which thought that those days had al-membered that the defendant was answer he could obtain was "If to the Chi Wock Co. foranappoint- ago when he was dismissed at a waters, would constitute a sorious scluded tea and silk. A let-most gone, or if they had not, they fined $20 on the 5th July for a ler was sent to sono sixty would very soon. His experience similar offence, the present caso moment's notice. Later three breach of duty, you road the letter you will ascermont eighteen months ago, they

firms, they had on their books, had been that they had gone arising out of an offence comunit- were not keen about having you?, he was again, in de Having heard the evidence of who wore engaged in the exaltogether, so far as they were ted on the 20th July. tain:"

fendants' service as captain. His the captain this morning he con port trade of flongkong. Out of concerned. Ho had read through conduet was unsatisfactory and sidere he had made a serious this number, eleven wrote to say the proposed form of contract and Mr. Lewis: You got someone too was reced to Chief Officer. breath of duty. interrode for you? I don't know Subsequently he was dismissed.

that they were not interested in ho couldage nothing objectionable but the Harbour Master sont for About 18 months ago he was out witness said he did not gather at the outter did not apply to view, or from a biaseed point of In answer to Mr. Slavenson the mattor, some five or six aid in it ovon from a zealous point of me and said he had got me a ship. of a job aut reprosentations were that the captain left the ship in them at all, and practically all the view. He thought that would be

Mr. Lewis: And the agreement sequence, sent for plaintiff. Ho in narrow waters.

ride to defendants, who, in con-charge of a Chinose seaman whilst others replied in favour of the very useful, pot only in China, but

general form of the wording of the alns a protection to exporters The Crown Solicitor-It would was that you were liable to be promised to act differently. Com-

contract. It was admitted, the to Europo, and other parts of the be interesting to know who was dismissed at 21 hours' notice if plaints had been made, and defond- they desired to do so?-I deny ants consented to engage him as OUR LETTER BOX. ntter having been referred back world. He had much pleasure in responsible for issuing theso

Chief Ollicor. He was engaged

to the full committee of the seconding the resolution. labels, Chamber, that such a schome Mr. Van Andel asked if it would find favour with the body of would not be possible to frame pany.

Defendant-Bradley and Com Ilis Worship said lie must con-

Mr. Stonvenson :- He has held "Mr. Lewis: Wore you also told a commission in the Royal Naval that they threatened to publish Reserve and has navigated several the matter in, the Chinese nows of His Majesty's warships. Inf 1895 Capt. Austin was master of papers unless you were dismissed one of the lefendant ships which your ship?-No, I was told they

throatened the owners that if

:

ran up the West River. Het ware detained in the ship, they that position in order to join an would boycott the ship. other steamship company at an increase salary, and he nearly lost his life in the 1906 typhoon. His ship was lost and he was in hospital three months. He after wards managed a hotel in Macao, and rejoined the defondant corn- pany in 1910,

*No Reason for Dismissal."

He remained in command about

The Paisne Judgo le didn't write?

Mr. Stevenson: No, he went right to the defondants. He has

since been three Litos to tho de- fendant company to ask for reason and was so often put off that he threatened proceedings. In com-

clusion, Mr. Stenvenson said :-- It is an important matter to my client. Ho is over 50 years

to

-I don't know.

Always on Best Behaviour.

that.

The Position

[nun had bern in defendants'

was

ein-

Mr. Lewis: When you joined under the ship's articles and one

exporters in the colony, and it was the contract in a more general [The pins expressed by our

of age and it is difficult for the Hoi Ming you were chief of the torms was to the effect therestoutlets are not necesarily those him to get another position.' "Left Without Regular Noticellicer, and for two months you the officers could give 24 hours of“ The Hongkong Telegrah."]

The Puisno Judge: think were on your best behaviour?-notice or they could be dismissed

it has been stated in this Court Thank you. I um always on my at that notice. that in the absence of a special best boltaviour.

agreoment a master of a ship is ontitled to three months' notice.

Mr. Lowis: I don't think it

occurs in this ease. That question

won't arise.

The captain of the ship died You were then sent for and during the few months plaintif offered the captaincy?--Yes. had been with them, and as his

fine of the terms of agrooment conduct had been quite satis-|

at

that, .

.

CAPSUIMUN LIGHTS

[To the Editor of the "Hongkong

Telegraph."]

A RE-HEARING.

The Recent Condensed Milk Prosecution.

fave you followed the instruc- His Worship (to defondant)- tions of the Court? Defendant-Yos.

laced a label for the inspection At this point, dofondant pro- of the Court.

necessary to enquire whether this way. If they were going to vote vist the defendant and bound him scheme would be carried out in about this, and they accepted it, over in the sum of $50 to appor Canton. They were good enough they bound themselves to certain for judgment when called upon. to call a special moroting, which dates. IIe thought that the resole was of opinion that the defen their socretary attended, and lution should be more generally dant had followed the Court's in- that morning they had received worded so that there would be structions. Sir," British Sailor "road with the decision of the Canton Cham- very few objections to supporting Mr. Bowley-Not in respect of was that you could be dismissed factory my clients consented pardonable avidity both the as-bor of Commerce, and subject to it 24 hours' notice? I deny that, to engage him as captain. But surance that the Kapsing Light-cartain articles being eliminated|

the 5th of July. Mr. Steavenson: The burden should not accept terms like in view of his past history they house was under way, also the from the list, which would be govepared to put another resolution? in a bona fide manner.

The Chairman:Are you pre- His Worship-I think he acted of proof is on the other side.

You would not accept such terms which would allow of him the "Telegraph" on Saturday, and understood that the exporters of worded another form, but I ship is in possession of the facts.

stated the engagement must be in special article which appeared in erned by the form of contract, they Mr. Lewis: No, I expected

Mr. Van Andel:-I have not yot Mr Bowley-Well, your Wor- this. I shall go on..

ierins?—No, not with any owner. being dismissed at a notice of 24 in which it was stated that it was Canton would fall into line with an rather afraid several firms Captain Austin then went into My reputation is too good for that. hours.

untrue that the s.s. Powan struck them. As he thought they were who are represented here, and the box and said that on the day Ton years ago you left their

Forthcoming Organ Recital. No Written Agreement. the Bunaansiah Rocks but that she all aware the questions of the who would afterwards agree with he received his dismissal ho was service at 24 hours, notico?-1

Mr. Denman Fuller has or Ho agree to that. They asked struck on the extreme entorn end standard form of contract was vory it perfectly, would not vote in ragged to give another popular in the offices of his employers, loft to better myself.

him to have a writton agroomont, of Lantau Island. One but was not informed that ho was

commonly accepted. As a mattor favour of it now just on account organ recital in the Cathedral on you but plaintiff said. "No, we have about to be dismissed. Ho cor- also left noilor employment known each other a long time and the finding of the Court of Inquiry contract used by the General Pro-

Now, as far as "B.S." recollects, of fact he had before him a form of of the specifications in it. Monday, August 7th, at 0.15 p.m. roborated Mfr. Stoavonson's open-at a moment's notice, and when a written agreement is not neces was that the Powan struck a sub- duco Brokers of London and in Mr. Van Andel could moat the are "Grand Ohour," Quilmont; The Chairman thought perhaps Among the items already chosen ing statement.

'you weremate you were dismissed sary." Under that agreement he mergod rock and drifted ashore that he found a very important poist by proposing an amend-"Pastoralo," Wely; three of without any notico at all?-Yes, was given charge of the ship. en East Lantau. Waiving this clause, which read: the ment. I was told to resign.

Mendolohn's Bongs without Complaints were made from time tarradiddle" nside, wherever event of any dispute arising with Mr. Hos proposed that the ex-Words, "and Handel's "Hallelujals to time to the owners as to the she struck-and it has never been in six wooks of the arrival porters bound themselves not to Chorus." The soloist will be Mr. Lowis: The point comes man's torms with the passengers, definitely ascertained-nd thereof the vessel, ein. If that com- nccept the form proposed by the Mrs. Stainer, who will render. to this. Theo times you have left About a week before he was disboon a light she would have had mended itself to them, he would Chinese guilds, which ho said was "Ora Pro Nobis," usat a moment's notice, once from missed a report was made to the her boarings and the loss of a lot suggest that the words should be opposed to what they were now and Edward Jones' "Shepheri Piccolomini, anothor company's service. Now owners that the captain never of lives would have been avoided. inserted in the space that had aiming at, when you coine to us, anxious for kopt charge and

of Souls" from the Sign of the that for-Youre, cote,

boon left blank in the proposed Mr. Van Andel then proposed Cross." Mr. Denman Fuller lue BRITISH SAILOR. form. It was, of course, very his amendment:That the fore arranged the latter for a solo voice charge. Hongkong, July 24. Tohrious that they could not come going resolution be accepted, pubel and accompanying quartetto

In answer to Mr. Lewis Captain

Austin said that when ho was in the employ of the other company he left without giving three mouths' notice, but he was allow ed to go by the owner.

Could Not Remember.

Mr. Lowis: Then I take it you didn't think of the three months' potica.

moment. And

The Defence.

a job, you say you would not ne-hours

"

at a stretol no Eu-

[copt these terms?—I have never ropean officer was