December 17-1896.3
{"CHINA OVERLAND TRADE REPORT.
your views, Mr. May. Do to the Superintendent. ~ On the 9th he had a
of fire, when med the Superintendent to be My with
n the matter has no
=
give it. Don't you think that presence of the head of the brigade is brains are of more use than
to answer that question.
n these men that if they your ruling you would turn the Fire Brigade if they went be- istrate and were convicted ? No,
reaten them, »
you say?—I gave them the option s month's pay going before
in the first instance simply sen- feit a month's pay McAuley
the pay. He objected to your jurisdiction?—No, I beg your pardon. He drew my attention to the scale of fines, varying from 5 cents to $1, “hich is in the C.8.0. document. I inspected the document and came to the conclusion that it referred to absence from drill and such like, and I pointed out to them what they probably did not know, that under the Fire Brigade regulations they could be prosecuted before the Magistrate and that the penalty was $25. I then gave them the option of forfeiting a nth's pay or going before the Magistrate. Did on not tell- them they would be re- moved from the Brigade ?--I said they would probably not be allowed to remain in the Fire Brigade.
You did not consider that intimation a threat coming from a man in your position P-No.
Was it not a gross assumption on your part to attempt to sentence these men to the forfei| ture of a fine while you had no authority at all to do it? I do not think it was.
Do you known how long McAuley has been in the Fire Brigade ?-No, I do not.
By his Worship-None of the defendants had leave from me.
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1
which is now before your and got leave. -- The simple reason of his absence was not that he was at the banquet but that he had been told, by the doctor not to get wet and to keep himself out of the way. I take leave to say to your Worship that this case would in all probability not have come here at all, and I would not be representing these men, but that this is intended as a respect- ful protest against the undue assumption of the authority of the Superintendent of the ire Brigade, . And as a protest on behalf of the fremen against the absence of the Superintendent from the fire. He cannot give himself leave; a higher power must do that. It is rather anomalous that a man who was himself absent from the fire be- cause of a dinner in his own house should on the following morning attempt to impose a fine on men who had never been absent before and were absent for reasons which, on McAuley's part, were perfectly reasonable. I quite understand, your Worship, that in the minds of some people the very fact that defence has been attempted may be looked upon as aggravating the offence. That is not the idea or the intention. A severe reprimand by the Superintendent would have quite sufficiently covered the necessities of the case and all the men would have submitted and acknowledged that they might have been more careful. But when Mr. May tries to exercise s power beyond anything contained in the C.8.0. document and to inflict such a heavy penalty as the for- feiture of a month's pay, then of course the men have to consider the question. They admit that without strict legal justification two of them, McAuley and Mc- Kenzie were absent from the fire. I put it to you that a small fine will be quite sufficient to meet the justice of the case. All the men in the Fire Brigade are most zealous and active in the performance of their duties and no previous complaint has been made.
fendants, t
here and self impose of the case will be
has bee
de andṣaBY
with a cantion. time in the Fire Bri must know his duty, or he wo made assistant foreman. It is clear he ought to have got leave and exple Superintendent that he would like as he had a sick certificate. Howev of his long service I think the case will be met with a severe reprima
VICTORIA REGATTA.
FIRST DAY.
een up
10th December.
ong
The annual regatta is looked kong as one of the pleasantest breaks in the stolid and somewhat rigid atmosphere of com- mercial life in the colony, and for forty years this great event has held a firm hold of the pleasure seeking public, who never fail t it their cordial support, while the general holiday which is observed for the occasion in European business houses gives nearly every body.ample opportunity to witness the sport. Yesterday was an ideal day on the water both for the sailing boats and the rowing boats. The sun, which in the early part of the morning was hidden by clouds, shone brilliantly from the start of the races till it disappeared behind the western hills, and • delightful breeze rendered the air beautifully fresh. The sea during the first
race was lumpy, but it eventually settled and for the most part of the time was moderately smooth and the boats made good times. The Hohenzollern was kindly lent as the flagship and it was crowded with enthusiastic residents, who spent a happy time in watching the races and listening to the band of the Hongkong Regiment, which played tuneful airs during the intervals. The day's proceedings were in every way highly success- Mr. Dennys-With reference to the amount ful The racing was productive of much in- of the forfeit I would point out to your Worship terest and was watched most intently from the that there are only three fires a month on an flagship, which displayed a considerable amount average and these men get $8 to $9 a month. of bunting, from scores of launches which fol- That is not at all a large sum for the lowed at times too closely abreast of the boats, Superintendent to inflict as a fine. Of course from one or two men-of-war, from the naval Mr. May told the men that he had no wharf on the Kowloon side, and from points power to inflict the fine unless the men along the shore. As was generally anticipated chose to agree to it, and that your Worship the honours of the day fell to R. F. Lammert, was the person to inflict the punishment if who stroked his crew to victory in the Chair- they disputed his right to fine them. The man's Challenge Cup, the Ladies' Prize, and amount Mr, May suggested is a reasonable the Chinese Cup, the last of which he won with one, especially considering the position the esse. After the Ladies' Prize had been com- men hold in the force, particularly McAuley,peted for all the officials, the judges, starters, and they ought to have known perfectly well what their duty was. A great deal has been said about this being a protest by the members of the Fire Brigade. That is not the quee tion at all before the Court. If we go into the question whether Mr. May ought to have been at the fire, I submit it is a most reason- able arrangement when the two posts of Captain Superintendent of Police and Superintendent of the Fire Brigade are held by one man that either the Superintendent or the Deputy should remain in barracks, and it is absurd for the men to come here and say they are not to be punished because the Superintendent did not go. I am not putting that as a serious matter, but a fine of $25 is not an excessive one, and the defendants have shown no reason at all why that penalty should not be inflicted.
This concluded the case for the prosecution. Mr. Francis, for the defence, said Of course, your Worship, all these men were chaged at one time, but the case of each man must be dealt with separately. The third defendant's defence is I am not able to call any witnesses before you, and it is practicall his statement his defence is that he left the Ma- sonic Hall when the alarm of fire was given, but on the road he met a man who told him it was only a case of a chimney on fire. He made a mistake undoubtedly. He ought to have gone to the fire and made sure for himself. If the complaint is pressed against him I do not see myself that he has any legitimate excuse. At the same time your Worship will probably take into consideration that the fire was very quickly over. » Of course 1 admit he had no right to accept the man's statement, and I only put his defence forward in mitigation of his punishment. His intention was good. As to McHardy, he was
on leave that night from the police from all duty. If he had been on duty that night and not on leave he would have been on ordinary police duty and entirely exempted from going to the fire, and he was perfectly justified in considering that with leave from police duty he was exempted from fire duty, because it is only as a policeman that he is a member of the Fire Brigade. The man His Worship The question whether the could not have been in two places at one time. If Superintendent was there and other mat- he had been on police duty he would have been ters that have been brought forward on his beat and under no obligation to turn out have nothing to do with the Case to the fire. It has not always been the custom, as at all: The real question is whether these men Ford said, to get the counter-signature had any justifiable excuse for being away. I perintendent of the Fire Brigade on take the cases in the order that Mr. Francis leave from the police, and I understand mentioned them. The third defendant started to impression is that there is no de- go to the fire and he was told that it was a down anywhere that leave of chimney on fire. There are numbers of these police duty is not leave of absence false alarms and I think it is a fairly natural which police duty would entail excuse. There is not one man in a thousand. evening With reference to that would have gone, but I should have
got is sic
on the thought if he had given that explanation that he to the Superintendent next day it would he was have nswered the case. The second defendant the doctor certainly got special leave as far as I can see, not get wet. and h ally concluded that he was excused the saw the
Brigade work hink, in view of the the case about the second and third de- |
of reporting
and umpires, and all the spectators afloat in launches, and everyone on board the Hohenzol lern, assembled on the deck to witness a pleasing ceremony that of presenting the Ladies' Prize to the winning crew. Miss Carrington made the presentation amidst loud bursts of applause and then R. F. Lammert handed Miss Carrington & handsome bouquet and called for cheers for the ladies. The ladies and then the victors were cheered, congratulations offered, and the sport was proceeded with, very good time being kept up to the conclusion. To-day the race for the International Cup will be started at 1.30 and s big crowd is likely to gather to witness this important event. The following is the officials
list
President - His Excellency Sir William Robinson, K.C.M.G.
Stewards His Excellency Major-General Black, C.B., Hon. E. R. Belilios, C.M.G., Mr. D. E. Brown, His Hon, the Chief Justice, Dr Carrington, CM.G., Hon. C. P. Chater, Surg Col. Evatt, M.D., Lient. Col. Faithful, Col Fraser, R.A., Lieut. Col. C. S. Gordon, Mr.D. Gillies, Commodors Holland, RN, Mr. W. E. Hunt, Mr. T Jackson, Dr. W. Knappe, Mr. J. H. Lewis, Major Lindley, Mr. St CM sen, Mr. H. N. Mody, Mr. José de No Lieut. Colonel The O'Gorman, Mr WH Ray, Mr. A. G. Romano, Mr. A. Ro Mr. E Ritchie, Hon. Commander B. Mu Mr. D. R. Sassoon, Mr. N Herbert Smith, Hon. J H. Stew Mr. C. A. Tomes, Hon. T H. White J. B. Van Buren.
Committee Hon. Com, W.C RN. (Chairman), Mr. E. Bischo Leigh,
d. A Caldwell.
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