me
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to get back 08 8001 as possible į as you wanted money, and I said I would get back by the following Saturday, April 2nd. I did not return until the eighth of April. The boatman told me that before we anchored on the 25th the vessel was making more water than usual. During the voyage the pumps were set going every hour. I do not know why the cook came to you for money to buy provisions. I did hot
back come
from Hongkong sooner than I did because could not make satisfactory arrangements with regard to the salvage and with the insur- ance company. I could have sent you money by launch, but I did not do so because you could have got it by applying to the compradore at Wuchow. I saw the compradore in Hong- kong on the 6th of April, so that he must bare left Wuchow on April 3rd. The first three months you had a pilot who took you all the way to Wangmoon, and you complained when I took the man away. The Wangmoon pilot was taken from you because he demanded an increase of wages, and as he had been with you three months I thought you would be able to do without him. I can't give the exact spot where the ship went ashore near to Wangmoon.
Leong Yung Tsoi, the boatswain, then gave evidence, corroborating some of the statements made by the previous witness.
Chan Ting, No. 1 cook on the Ching Po. said that when they left Hongkong on March 23rd they had about eight or nine days' supply of provisions on board. He produced the com- pradore's book which he took with him when he left Hongkong on March 23rd. After the vessel was beached at Cheong Kong they got provisions on several occasions from ashore. They left the ship on the 7th of April, the Captain ordering him to do so, no one being left to look after the ship. He removed all his effects, and the Captain also took his clothes and boxes. At the time the crew left there were provisions on board for both Chinese and Europeans. When they left the ship some provisions were taken off, including potatoes, tinued meat, and salt beef. The captain never asked him to go to Wnchow or anywhere else for provisions.
THE HONGKONG WEEKLY PRESS AND
The enquiry was resumed at the Harbour Office on Saturday, 21st May.
Mr.
H. L. Namm, now of Hongkong, and for- merly acting agent for the owner of the Ching Po at Wuchow, said he supplied the crew with two or three days' provisions on the 4th of April, but when Mr. Patterson (the chief en- gineer) asked him for further provisions on April 5th or April 6th be refused him, because he had had no money advanced him. Patterson told him they were short of provi- sions on board. When the crew left the ship he, out of friendship, supplied them with provisions at Wuchow. When he was short of money he did not apply fo the compradore for any. One of the compradores had told him they were short.
By Captain Marsh He was in the com- pauy's service about ten mouths as supercargo. The Ching Po made several feet of water in a very short time twice while loading in Hong kong barbour. During the time he was super- cargo the vessel was pumped at intervals when she was deeply loaded. When she came down from Cautou to Hongkong in June or July of last year and was surveyed the Ching Po appeared to be in a bad condition. When she was on the slips they could tear away handfuls of the frame. He did not know how old the ship was.
By Mr. Hastings-The occasions when she made water when loading in Hongkong were last October and last November. Since then she had been docked twice and examined. He signed off on the eighth of March. The ship was docked in December and January.
Captain March said the vessel was far from being in a sound condition. After leaving the dock last Jannary, after the repairs had been completed, she made a foot of water in an hour. The reason he proceeded across the Wangmoon passage at night-time was that the owner had several times complained of his not having done so. The vessel made DO more water after grounding in the Wangmoon passage than before. He left the ship because there were no provisious on board, and because he had received a message from Numm the day before saying he could not render any assistance. When he got to Wachow he asked the agent for assistance and he again refused him. The
to beaching the vessel there was only one foot of water in the hold, but a quarter of an hour afterwards the water had risen two feet and was above the engine-room plates. He could not keep the water down.
In reply to Captain Marsh witness said that when they left Hongkong they had eight or nine days provisions on board When the ownership left Hongkong short of provisions. Previous left the ship he gave him $2 with which to buy food. That would buy food for two or three days. The Captain paid him 90 cents to get a bottle of wine with, but he did not borrow from the Captain to get food. He speut about $3 previously of his own money in buying food, There was no rice on board ship when he left, but they had only been without half a day.
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Mr. Hastings having addressed the court the room was cleared to enable the court to consider their decision in private.
Chan Kun Tie, the second engineer, said that, when the ship stranded the engines were re- versed, and a propeller blade was broken through the engines jerking. The starboard propeller was in good order when they left Hongkong. Where they stranded the bottom was hard, because when the propeller was going round there was a noise.
In answer to the Captain, witness said the Maud struck the Ching Po on the starboard side and caused her to list. When the pro- peller blade was broken he told the chief engineer about it.
the
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Subsequently Commander Rumsey read the finding of the court as follows:-
We find that the British steamer Ching Po official number 107,013, of Hongkong, of which Peter Rives Marsh was master, the number of whose certificate of competency as master is 012,501, left Hongkong for Wuchow on the West River with general cargo on 23rd March, 1898.
That she was provided with a sufficient crew, and had one Europeau officer besides the master --the chief engineer.
That she stranded in the Wangwoou passage at 11-30 that night and that after getting off she John Patterson, chief engineer on Ching Po, said he had been on the vesselstranded again on First Bar the following day, but was again, floated and proceeded on her voyage. On the morning of the 26th the ship was found to be making a considerable quantity of water, and it was deemed advisable to beach her, and this was done.
about six months. He did not remember the second engineer reporting to him that a blade of the propeller was broken on the Wangmoon Pass. After the beaching of the ship the engines worked all right. It would be possible for a blade to be off the propeller and him not know it. He did not remember the date they left the ship. The Captain told him to take the men up to Wuchow and when they got to Wuchow to do the best he could with the men and see the Consul as he had to stop by the ship. He saw the agent in Wachow. The agent refused money and he then saw the Cónsul with the view to their being assisted as distressed seamen. The crew were sent away from the ship because there was no food on board for them for any lengthy time. There was plenty of food on board when he left.
In answer to Mr. Hastings witness said that he did not remember the ship grounding on the night of the 23rd March at Wangmoon.
The enquiry was adjourned.
That the owner, who was on board went on to Wuchow the same day to get assistance and later, on the 28th, proceeded to Hongkong with the same object in view.
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That the captain also went to Wuchow and reported the accident and returned to the ship. On the 6th he sent the chief engineer and crew away as he had no need of their services. On the 7th the captain himself left the ship, taking all that remained, and absolutely abandoned the ship.
[May 28, 1898. and the ship was floated and brought to Hong- kong.
From the evidence before it, the Court is of opinion that the stranding of the ship was not due to the wrongful act or default of the master. They are, however, of opinion that the ship was prematurely abandoned. The master alleges shortness of provisions as his reason for aban- donment. The Court is satisfied that if there had been any shortness it was not such as could justify the Captain in abandoning his post. As this premature abandonment amounted to a wrongful act the Court directs that his certi- ficate be suspended for four months from this date, and it is hereby so suspended.
LUNACY ENQUIRY.
At the Supreme Court on Monday Mr. Pollock, barrister, sat as a commissioner to enquire with a jury into the state of mind of a man named Tso Kong, of Fuk Hing Henng, in the Sunkun district, in the province of Kwangtung.
The jurors were Messrs. O. F. Rebeiro, C. Klinck, S. F. X. de Rozario Pinna, G. E. Pappier, J. G. de Remedios, A. H. Skelton, and F. E. Eckhoff.
was
Mr. Grist (Messrs Wilkinson and Grist, solicitors) said he appeared on behalf of Tso Cheung Shi, who was the mother of Tso Kong, who petitioned for a person to be ap- pointed to look after her son's estate. The enquiry before them that morning was into the state of mind of Tso Kong. This man entitled to a considerable amount of property in Hongkong under the will of his father, and by reason of his being of unsound mind he was incapable of managing his property himself. It was therefore necessary for some person to be appointed to manage it for him. Before any person could be appointed it was necessary that Tso Kong should be found by a jury of seven persons to be of unsound mind.
That the ship was subsequently taken posses. sion of by a certain Mr. Woods, of Wuchow, who for some time after, when the owner re- turned, refused to leave the ship auless he received $5,000. Possession was, however, after some time obtained by the owner and master,'
Dr. Stedman said that on the 23rd March he visited Fuk Hing Heung in company with Mr. D'Almada. Tao Cheung Shi, Cheung Choi (interpreter), and Tso Li for the purpose of ex- amining Tso Kong as to the state of his mind. He came to the conclusion that the man was absolutely insane and incapable of managing bis ads. He saw the man sitting in a chair looking vacantly at the wall by the side of him with his elbows bent and the palms of his bands turned upwards, a position which he did not When he afterwards change for half an hour. saw him in bed his hauds were still in that posi- tion. The only time he saw him move was when he brushed off a fly which had settled on his face.
After
He spoke to him through an inter- preter, but he could not get a word in reply. On one or two occasions he half turned his head towards witness. That was while ho was sitting in the chair. The whole of the exam- ination took place while he was sitting in the chair. When Cheung Choi said to him, "Look. at the doctor "he half turned his head towards him, but he was not sure it was because of what was said to him. The man's mother and brother were in the room, but he did not appear to re- coguise them. Every now and then he made a movement with his lipa as if he was mutter. ing, but they could pot distinguish any sound at all. He did not make any articulate sound the whole of the time they were there. moving his lips he leaned forward, made a sort of croaking noise, and broke into a mean. ingless smile. When witness tried to approach him he sprang away as if frightened of him. The man was in a dirty state. His age might be anything between 30 and 40. In witness's opinion the man was of nusound mind and incapable of managing either himself or his property. He might have been in that con- dition for months or for years. His condition might have been caused by some hereditary weakness, or it might have been brought about by some nervous shock or over mental work or a disappointment. The man he spoke of as Tso Kong was pointed ont to him as the man by his mother, brother, and wife,
Some further evidence was given, after which the jury were unanimously of opinion that insanity had been proved, and Mr. Grist's application was granted. Tso Kong was not present.
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