378
THE HONGKONG WEEKLY PRESS AND
5th May. The police are continuing their enquiries into the armed robbery and murder of a watch. man at Wanchai on Saturday night, but no further evidence has been obtained against the four men who were arrested some hours after the actual murderer was captured by Constable Hoggarth. One of the men was sent to gaol for five years in 1887 for participating in an armed robbery and the other three are looked upon by the Police as a very dangerous gang. As soon as the alarm was raised on Saturday night the | Police lost no time in getting to work and In- spector Duncan, who is in charge of the dis- trict, was almost immediately on the scene of the crimes and he promptly surrounded the building in course of erection near Cross Street while the interior was thoroughly searched for the other members of the gang. Inspector Kemp also hurried down from the Central Police Station and helped in the search, but not a soul was to be found. The murderer, who gives the name of Tung Foong, gave the Police an account of his doings, but it is not as yet certain whether the other four whose names he gave were with him at the time. He is still an inmate of the Government Civil Hospital and is likely to remain there a week while the wounds in his feet are healing. The names of the four men arrested at Yaumati and Hong. hom are Tse Yeung, Chun Chi, Leung Sing, and Li Yuen, and they were taken before Com- mander Hastings at the Police Court on the 4th May.
Inspector Staunton said they were charged with being concerned in the robbery and murder on Saturday night and he asked for a remand. The Magistrate-Where is the other man? Inspector Duncan-He is in the hospital. The Magistrate-The doctor will hold the post-mortem to-day and I will just take formal
evidence for a remand.
Detective Sergeant McIvor said-On the 3rd inst., about 6.15 a.m., in consequence of information received, I arrested the defendants -the first and second at 38, Battery Street, Yaumati, and the third and fourth at 51, Market Street, Honghom.
r The Magistrate-How long do you want emand for?
Inspector Stanton-A week or eight days. The Magistrate-Defendants are remanded until Tuesday, the 12th inst., at 11.30.*
DISASTROUS COLLISION AT
SHANGHAT.
GREAT LOSS OF LIFE.
Shanghai. 1st May. A terrible collision occurred yesterday morning at Woosung. The Onwo, Capt. Slessar, left Shanghai with about 350 native passengers for the River ports at about 1 a.m., and crossed the bar at about 2.30. When off
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Pheasant Point the Newchwang, Capt. Hards, was sighted a little on the starboard bow. Shortly afterwards the two vessels collided, the Newchwang striking the Onto on the port bow and cutting into her to a distance of about ten feet. The Onwo filled and sank within ten minutes of the collision and now lies with her head down stream in 8 fathoms of water, a
short distance below the signal station and well over to the Woosung bank of the river. There was a strong flood tide running at the time of the accident and the unfortunate vessel drifted a considerable distance up stream before she sank. The U.S. flagship Olympia at once got her boats into the water and picked up several of the native passengers, while a number of men were sent down on to some pontoons which were alongside the ship and saved many of the passengers as they were swept past by the tide. The scene is described by those on board the Olympia as fearful in the extreme.
[May 7, 1896.
SUPREME COURT.
29th April.
IN APPELLATE JURISDICTION.
BEFORE HON. W. M. GOODMAN (ACTING CHIEF JUSTICE) and Mr. T. SERCOMB E SMITH (ACTING PUISNE JUDGE.)
JOHN KENNEDY, APPELLANT, V. J. T. COTTON, RESPONDENT.
Cooper, the second officer of the Onwo, was on the bridge with the captain and the pilot at the time of the collision and managed to keep him- self afloat by means of a boat's rudder until he found himself alongside of the Olympio, when a rope was thrown to him and he was hauled on board and taken below to the sick bay, but declined to be put to bed, saying that he must return at once to Shanghai. A carriage was placed at his disposal by the officers and he re- turned to town. The second engineer, Mr. Small, was saved by the crew of the Olympia. When rescued he was almost completely exhausted. The survivors were treated with the utmost kindness by the whole ship's company of the Olympia, everything pos- sible being done for them, Dry clothing, and in some cases money, was given to them and they were sent up to Shanghai in the tug
Mr. J. J. Francis, Q.C. (instructed by Mr. Samson. It is quite impossible to say with Dennys), appeared for the appellant, and Hon. certainty how many were on board the ill-H. E. Pollock (Acting Attorney-General), who fated vessel at the time, but there were pro-
was instructed by Mr. A. B. Johnson (Crown bably about 350 passengers besides the crew, of Solicitor), appeared for the respondent. whom 75 were saved, making the total loss of life about 300. The Olympia's people state that some boatmen were busily engaged in searching such of the bodies as came to the surface, afterwards throwing them back in the water. The body of the chief officer, Mr. E. Keats, was found shortly before noon and brought up to Shanghai in the Samson.
Up to yesterday afternoon about 70 bodies had been recovered, but none of the foreigners, with the exception of the chief officer, among them.
The Onico was a screw steamer of 797 tons
register, built in Dumbarton by Messrs. Denny and Co. in 1869 and then named the Peiho, buť owing to some trouble with the native shippers in Tientsin, in connection with a collision in
the Peiho, extensive alterations were made, including the addition of a mizen-mast, and her name was changed to Taku, a piece of harmless deception which was never discovered by the Chinese in Tientsin. She was known by this
name until April of last year, when she was converted into a river boat and named the Onico.
This was a motion for leave to appeal from the decision of Mr. T. Sercombe Smith, Acting Police Magistrate, whereby appellant was fined $50 for selling adulterated milk.
Mr. Francis said the application was made under section 105 of the Magistrates Ordin- ance, permission having been obtained from the Magistrate authorising the person dis. satisfied with his decision to apply to this Court for leave to appeal for a re-hearing. The appellant is John Kennedy, dairyman, and the respondent is an Inspector of Nuisances. The conviction was made under section 4 of Ordinance 23 of 1890, the particular words to which counsel wished to draw attention being
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no person shall sell any food for man in an adulterated state." There was no evidence that the milk which was the subject matter of the case was tainted, there was distinct evidence of Mr. Crow that it was not unwholesome or unfit for use, and the conviction was merely for adulterating by adding six per cent. of water. With reference to the word “adulterated” there was no definition of the word given by the Ordinance.
The Acting Attorney-General- pointed out that this was not an appeal on a point of law but on a question of fact.
Mr. Francis replied that this was one of those mixed questions of law and fact which could only be dealt with in the way he was taking.
The Acting Chief Justice-If you ask me, I
The names of the foreigners drowned are:- Captain J. Slessar, maste"; Messrs. E. Keats, chief officer; R. Scott, pilot; G. Davidson, chief engineer; and J. Allen. third engineer. Cap-have not the slightest doubt that adding water tain Slessar, who only joined the Our on
to milk would be adulteration. The section Wednesday, leaves a widow. and Mr. Davidson
also says
or which is unfit for use." a widow and two young children.
Mr. Francis-There is distinct evidence that it was not unfit for use.
J
2nd May.
Amongst those lost in the Onwo was Mr. Nie Loh-su, a native pastor of the Foreign Christian Missionary Society, who was well known and much respected amongst the missionary com- munity in Shanghai.
Numbers of bodies from the wreck of the ill- fated steamer continue to be picked up at up to yesterday afternoon none of the foreigners had been found. The body of the compradore of the Ono was picked up off the mouth of the Hongkew Creek, and that of a woman was found near the Arsenal, having been carried up from Woosung by the tide. We are informed that the bodies which had been recovered and laid out on the bank of the river have been stripped of their clothing by the native villagers.
Mr. Sze, a wealthy native silk merchant, took down at his own expense four large boatloads of coffins and clothing to Woosung yesterday. He also took several native photographers with him, intending to have each body photographed separately to facilitate identification. This is rather interesting as showing that some at least of the Chinese are adapting themselves to foreign methods and ideas.
Mr. Morton, the diver. is going down to Woosung this morning to make a preliminary examination of the wreck with a view to the calving of the cargo and the recovery of the bodies which are supposed to be in the cabins. No hopes are entertained of the possibility of raising the sunken vessel, and, as she is a serious obstruction to varigation where she now lies, it is probable that she will have to be blown up.
After the collision tho two ships remained alongside of each other for a short time exchang. ing enquiries as to the extent of the damage, during which time some eight or niue Chinese managed to get on board the Newchuang. When The Newchang was got off with the assistance the vessels separated the Newchwang was beached of two tngs yesterday and, came up under her a little below Pheasant Point, where she was own steam to Messrs. Boyd and Co.'s wharf. completely high and dry at low water yesterday, After the damage which is very extensive, has She has a large hole in her starboard bow been surveyed; she will go into dock for repairs. extending down to the six-foot mark. Mr.-N. C. Daily News.
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The Acting Chief Justice-It is an alterna- tive and shows that something else was con- templated by the Ordinance. I should prima facie hold it as a matter of common sense that it is adulteration; there is no appeal on a question of law as to whether adding water is adulte-
ration.
The
Mr. Francis called their Lordships' attention to the Sale of Food and Drugs Act, 36 and 38 Vic., cap. 63, which, instead of making use of the word "adulteration," described certain offences, one of which was the abstraction of any portion of the food. The conviction in this case was not for abstracting anything from the milk but for adding water to it, and that was the only fact on which the conviction was based. first objection was that there was no evidence, not a syllable of evidence, given by the expert witness examined or by any other witness as to what is the standard for milk. The witness said : he found 89 per cent. of water in the milk and he gave it as his opinion as an *X- pert that at least six per cent. of water had been added to the milk. He admitted that he had not analysed or examined the milk given by cows kept here and fed on the food that is available for them. He stated that he had made one examination, but no general examina- tion of milk..
The Acting Chief Justice-I do not think he said he had never analysed any other milk in the colony. I have read the depositions very carefully. Will you show me the passage?
Mr. Francis-Will your Lordship allow me to state my case first and theň 1 will deal with the evidence.
The Acting Chief Justice I thought you were stating the evidence first.
Mr. Francis-I was summing it up, my Lord. The Acting Chief Justice-Put it accurately, then.
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