312
THE HONGKONG WEEKLY PRESS AND
+
Evidence in support of this statement was given, and the captain was cross-examined by the pri soners, who sought to show that the captain had made use of various abusive epithets, but the captain denied using such language. One of the crew named Desmond said he exclaimed, before a shot was fired, Shoot, captain, shoot.” Witness considered their lives were in danger. as the prisoners were using open knives.
The first three prisoners defence was that they were ill-ased, and that the captain shot Kelly without any provocation, and Godzowski said he was between the captain and Kelly when the shots were fired. They took the revolver away from the captain, to prevent him from doing further mischief.
direct notice to him his remedy is very while Laud took the revolver from the The ample. Section 82 of the Code of Civil Pro-Captain's grasp and threw it into the sea. cedure, sub-section 27, enacts as follows:- captain then went to his cabin, and Brown and The defendant may at any tim within two Godzokshi went to the cabin window and years from the date of the judgment, notwith-threatened the captain with their knives. The standing that the property attached, or any part prisoners afterwards went ashore, where they thereof, shall have been sold in satisfaction of were arrested. the plaintiff's olair, apply to the Court upon notice of motion for an order to set aside the judgment, and for the re-hearing of the suit, and for leave to defend the same; and if it shall ap pear to the satisfaction of the Court that the defendant had no notics or knowledge of the suit, and could not reasonably have made earlier application to the Court, and that he had at the time of the obtaining of the judgment and still has a substantial ground of defence, for the whole or any part of the suit on the merits, it shall be lawful for the Court to grant such order apon such terms as it may deem reasonable," As at the commencement of these procedings the plaintiff entered into a bond for double the amount of the claim to abide by any order that the Court may make hereafter, I do not think that the defendant is likely to suffer any injustice by these proceedings, which are usual proceed- ings, and which it appears, by the wording of the Code, may be taken by the plaintiff without giving the defendant direct notice, although subject to the bond entered into by the plain- tiff, and subject to any application within two years of plaintiff's judgment. I therefore give judgment for the amount clained on the petition as amended for the p'aintiff, with costs.
Mr. Phillippo asked for execution.
His Lordship That is a subject for special application. I understand that some part of this faraiture is claimed by Mr. A. Coxou, and there- fore your client must be very careful that in dealing with Mr. George Coxon's furniture ha does not deal with anybody else's, or else ha would be liable for an action. It might save trouble if Mr. A. Coxon stated what belongs to him. You have got judgment for the claim, and I do not think I need make any order about the enforcement of the writ of attachment to-day.
Mr. Phillippo-No, I do not think I ceed trouble your Lordship now.
18th April.
IN CRIMINAL SESSIONS.
BEFORE HIS Honour Mr. W. M. GOODMAN (ACTING CHIEF JUSTICE),
THE ATTEMPTED MURDER AND MUTINY.
The four sailors, George Brown, Hans Abrams, Joseph Godzowski, and James Sumpter Land, were indicted on various counts with attempting to murder Mr. J. C. McDougall, master mariner, of the barque Launberga, and the mate, H. R. Bowyer, at Iloilo, on 23rd March. Brown was further indicted for assaulting, with intent to do grievous bodily harm, the steward, Robert Otto, and Godzowski was also indicted for as- saulting the steward.
The following jury was empanelled-Messrs. F. Dodwell, R. A. Gubbay, J. P. Cottam, A. Sharp. H. W. Robertson, John Hand, G. M. Carvalho,
The prosecution was conducted by the Acting Attorney-General (Hon. A. G. Wise); who was instructed by Mr. A. B. Johnson, Crown Solici- tor, and Mr. Ellis.
The Acting Attorney-General, in opening the case, detailed the charges, and explained that on 23rd March the British barque Launberga was at Iloilo, and in qousequence of instructions from the authorities there all leave was stopped. This order caused some friction amongst the crew, and the climax was reached about six o'clock in the evening, when a quarrel arose between the first mate and Brown. Brown was not content with knocking the mate down, but he threw a lamp of coal at him. About that time the captain went on the scene with a revolver. The prisoners and two other men. Schumen and Kelly, both of whom are dead, made an attack upon the captain with open knives and just about that time Godzowski struck the steward with has fist, and Brown stabbed the steward in the shoulder. Kelly struck the captain in the forehead with a knife, causing an ugly wound, and the captain fired bis revolver twice and shot his assailant deal. Prisoners then seized the captain, and in the struggle which ensued Abrams used threatening words,
Land made a long speech, in which occurred the following sentences:When we got to Manila I asked some one whether he was the British Consul. He said Yes." I said, Well, I charge McDougall with wilful murder." He ordered me to shut up, and said he would hear nothing against the captain. It is a com mon occurrence for Nova Scotiamen to draw their revolvers upon men forward. and it is very seldom that a Nova Scotiaman gives fair battle If a forward man gets the best, the whole after gang come forward, and that man gets a licking. You are never called by your name on board a Nova Scotia ship. Its Hi. there, you son of a--go along with you lime juicer" you are sent aloft to do a job. its “Now then your heart, none of them Quseu Victoria movės.”
If
44
His Lordship-Is it to your advantage to use that sort of language in Court? If you think it is necessary, do so, but if you do not think so, do not use such language. We do not want to hear more of that language.
19th April.
{Apail 25, 1895.
IN. BANKRUPTCY.
BEFORE HIS HONOUR MR. W. M, GoODMAN (ACTING CHIEF JUSTICE.)
IN RE A. E. SKEELS. Mr. Holmes appeared for the bankrupt, who made application for his order of discharge, and Mr. H. L. Dennys appeared for Mr. W. M. B. Arthur, a creditor. to oppose the application. the usual conditions of the Bankruptcy Ordin
Mr. Holmes, in making the application, said
amination of the bankrupt was duly passed, and ance had been complied with. The final ex-
a report had been made by the Official Trustee, which showed the state of the bank- rapt's accounts. It appeared from that report that at present on the total amount of the debts there was a dividend of 5 per cent.; if the dividend were declared simply on the debts proved there would be a much larger dividend, but the practice now seemed to be to declare ■ : dividend in the first instance on the full amount of debts and reserve what was not claimed for a future dividend, giving time to others to come in and prove; so that though 54 per cent. might seem small, when the final dividend was declared the position might be considerably different. The petition in this matter was filed as far back as the 7th June, 1894, the receiving
order was made on the 15th Jane, the public examination was held on the 10th November, and the order of adjudication was made on the 7th February, so that the matter had been standing over a considerable time, and the bank. rupt now applied in ordinary course for his order of discharge. The Official Trustee's report appeared to be a favourable one, so far as the intention of the bankrupt was shown. It would be within his Lordships knowledge that for some time business in Hongkong was very bad and during the plague it stopped almost com pletely In consequence of business being in that state the bankrupt was unable to carry on, and there were certain outstanding debts that The prisoner Land-I do think so. I want to be was unable to collect. ln carrying on as show how sailors are treated aboard that ship.long as he did, he did so in the hope that things It is not my language I am using. When a
would improve. For some time, as his Lords man joins a Nova Scotia ship, he simply signs ship would see from the evidence on the away all liberty and respectability. We are file, he made fair profits and everything compelled to eat rotten meat or starve. We seemed to be going on very well indeed, never got a decent bit of meat to put in our but these bad times came and put a stop to mouths. A box of meat was opened in Manila, that. All the transactions, his Lordship would and there were maggots in it. The captain of a
see, were in the usual course of business, and Nova Scotia ship never interferes in a row
there was no case in which fraud or bad faith unless the officer has got the worst of it, and
was shown or any attempt to give one creditor then he takes the officer's part. He never
a preference over another. The bankrupt's troubles to find out who is in the right, as his business was that of an auctioneer and commis- It was not until the sion agent and all money received went into a articles demand him to, mate was getting the worst of it that the general account. Jf his Lordship should be un- captain pulled out his revolver. Is that mutiny able to grant an immediate order he would ask Is it mutiny and at him to suspend it only for a short time or with or cold-blooded murder ? tempted murder on our part, or cold-blooded mur-conditions, as his Lordship had power to do un- der on his? The only thing we did was to wrest der Section 27 of the Bankruptcy Ordinance. the revolver from the captain to keep him from shooting anyone else. The captain was the only man who attempted to commit murder, and he did commit murder. We could have killed overy man aft if such a thing had been our intention. Our intention was to stop the fight, not to carry When I got the revolver everyone of us left the poop.
I ask the jury, is it mutiny on our part, or cold-blooded murder by the captain, when he shot a Britisher without a moment's warning? If that man (pointing to the captain) is not a murderer, there never was a murderer in this world. Land also said he and the others were placed in prison amongst half sivages naked men and while they were there the authorities got the captain's statement.
His Lordsbip then summed up.
it on.
The jury unanimously found Brown guilty of attempted murder, and the other three guilty of assault with intent to do grievous bodily harm. On the minor counts a verdict of guilty wa returned, except, in the case of the fourth count The jury expressed the opinion that Brown and Land were the worst of the prisoners, and that the other two were led away by them.
His Lordship quite agreed with these views, and sentenced Brown, who admitted having stabbed the captain three times, to five years' imprisonment and Land to two years' imprison- ment. Godzowski and Abrams each received a sentence of a year's imprisonment. On the other counts the prisoners were sentened to various shorter terms of imprisonment, but they were all made to run concurrently.
|
|
Mr. Dennys said the debt in respect of which he appeared was one for five hundred odd dollars The bankrupt undertook, on the 13th April, 1894, to sell Mr. Arthur's furniture for him, Mr. Arthur being about to leave the colony, and told him that immediately on receipt of the money he would pay it into the Hongkong and shanghai Bank Mr. Arthur's account. He did not think it wrecessary to quote any authority to show that an auctioneer was in a fiduciary position, but he called attention to the views of Chief Justice Cotton expressed in the case of Crowther v. Elwood reported in L.R.'. 34′′ C.D., 691.
His Lordship remarked that in the present case the bankrupt did not put the money in his own pocket.
Mr. Dennys said the bankrupt commenced busi- ness in January, 1893, and in December, 1893, he knew, or must have known, that he was in solvent. Four months after that, in April, he undertook to sell furniture for his (Mr. Dennys's) client, distinctly telling him ho would pay the money into his account at the Bank. He did not become bankrupt at once, but filed his petition in June, and he now offered Mr. Arthur $29,44, be himself charging the sum of $30.05 for selling the furniture. He (Mr. Dennys) submitted that if ever there was a case in which bai faith must be implied this was such a case. Mr. Dennys went on to refer to the manner in which the bankrupt's books were kept and to the fact that after stating his assets as $2,023 an amended statement was put in giving
No comments yet.
Private notes are available after approval.