October 29, 1904.}
CHINA OVERLAND TRADE REPORT.
obtaining permission to produce further evidence, blast on the whistle was to turn to the green light and to order that if he does not make application | side. He did not turn. The sampan altered within one month the appeal shall come on at her course in such a manner that sampan and the end of that period. He must make it with-launch were facing one another. He altered in a month, because if the proposition be grant- his course to starboard and then went ed the Crown may desire or require permission astern, and struck the sampan on the port for still further replying affidavits.
bow.
The Attorney-General-It would be certain. The Chief Justice-It is possible; and they would require a month. Our order would con- tain a declaration to the effect that no further adjournment would be made and no further application for the production of evidence would be entertained.
Replying to questions, witness said he was going half speed, four to five knots an hour. He first saw the sampan more than 100 yards off. He did throw over one lifebuoy.
Hon. Capt. Barne Lawrence said that for not avoi ing a cllision. which might have been prevented had the provisions of the colli- The Attorney-General thought such an ordersion regulations been observed, Ho Kam would be unfair to the Crown. He maintained was sentenced to have his certificate suspended that under all the rules of evidene - the evidence for two months. in this case was now closed, and he very much questioned and was prepared to argue the point- whether the Court had power to allow the appellant to call further evidence.
After further discussion.
The Court made the following order-" Ad- journ the hearing of the appeal till Monday. 28th November, with liberty to the appellant to give notice of motion to be served on the respondent for leave to adduce further evidence; such motion to be made on or before Thursday, 24th November."
The Chief Justice said the effect of this would ha that if the appellant applied for leave to adduce further evidence on or before 24th November, and if the leare was granted, there would necessarily be a further postponement of the hearing of the appeal, but, on the other hand. if they were prepared to go on with the hearing it would proceed on the 28th.
The Court ordered the costs to be costs of the
cause.
MARINE COURT.
Friday, 21st October.
BEFORE HON. CAPT. L. BARNES LAWRENCE R.N. (MARINE Magistrate),
AN UNFORTUNATE EUROPEAN.
An enquiry was held into the circumstances connected with a collision between the launch Yut Sum and a span, in the waters of the Colony on the 18th inst.
Mr. F. P. Sloone stated that he and the chief officer of the steamer Kang Sang were passengers in a sampan on the evening of the 18th inst. When approaching the Praya landing steps. the sampan was struck by the launch-Yut Sum, and was capsized. They managed to cling to the sampan till rescued by
passing boat. I he launch afterwards took the wrecked boat in tow. Those on the launch did not throw them any lifebuoys. although they had four on board. (Witness pro- daced one of these, which he had taken as evidence of the name of the launch). After going back to his ship to put on dry clothes he went ashore and reported the case at the police station. He furnished an account of his losses, which comprised a pocket book containing $174. a passenger's ticket to Shangbai, three S10 notes and a cigar case; also sundry papers and refer- ences relating to his previous occupations and whereabouts. Loose change and some keys remained in his pocket, which enabled him to compensate the sampan people who pleaded their loss.
Replying to the Court. witness said he tried to get the number of the sampan. but in the confusion and excitement could not make out what number the sumpan man gave him. The sampan was under sail on the starboard tack. She was carrying a light. He first saw the steam launch about 200 yards off, showing her steaming and bow lights. She sounded whistle. The launch tried in the first instance to cross their bows, but on finding there was not room.
tried to come under their stern, and hit the sampan on the starboard bow. The sampan was kept straight on, until seeing a collision was inevitable, she was brought up in the wind.
no
Ho Kam. master of the Yut Sum, said he was making for the triangular wharf. sitnated near the Macao-Cauton steamer wharf. When he saw the sampan making for the shore he gave one blast on his whistle to indicate that the sam- pan was to go faster. The meaning of the one
INQUESTS.
Re SUN FU, DECEASED.
A coroner's inquest was held on the 24th inst.. by Mr. H. H. J. Gompertz, into the circumstances of the death of Sun Fu, a ricksha coolie who died at the Government Civil Hospital on the 14th of September. It was alleged that he died from injuries inflicted by a European constable. who kicked him.
Messrs. James Little, Harry Eyre and J.. Rodgers (foreman) were sworn as jurors.
Mr. Gompertz gave a short account of the circumstances attending the deceased's death. The man was a ricksha coolie who came back to his coolie house on the 13th September, and made a statement to his friends to the effect that a European constable had kicked him in the foot and back. He showed the marks, and said that some people had witnessed the assault. Next day a report was made to Police Inspector Gaul by one of his friends. Inspector Gaul made an examination, and sent the man to hospital. Next day he said that two mu came up to him, wuile he was sitting on the shatts of his ricksha (at the corner of Possession S re-t and Quen's Road), and one of them kicked him. Dr. Laing pronounced the man to be dangerously ill. All the European constables who were or might have been on duty about the neighbourhood in question when the assault took place were paraded, but the nan could not identify anybody. He subsequently died under ordinary circumstances. When he was on the point of death he made a statement before Mr. J. H. Kemp, but as he would not admit that he was in danger of death this was not admis-
.
sible to be considered as evidence that was, because of the absence of that solemnity which would be present if a man heliered he was about to die. A.s. however, 8 coroner's inquest was less formal than ย trial. Mr. Gompertz thought it admis. sible to let the jurors know everything con- nected with the man's death. They must not base their verdict on the statement. though. Those who witnessed the occurrence were rick. sha coolies, There appeared to be no doubt that there was an assault-blows on the back which caused rupture of the spleen. from which the man died.
Evidence was led.
Dr. Laing. Assistant Superintendent of the Government Ciril Hospital, gave evidence that at a.m. on the 15th September a Chinese coolie. 40 years of age. residing at No. 4. Wyndham Street. was admitted into the Government Ciril Hospital. He examined him. and found several bruises on the back and loins. One bruise was just over the spleen. At 2
p.nu.. as he was getting considerably worse, he was operated on, and died shortly afterwards. As the result of a post mortem examination the deceased was found to have a diseased spleen. At least four or five kicks must have been given with considerable violence The man suffered great pain. An operation was the only hope of saving his life.
Mr. F. J. Badeley. Captain Superintendent of Police, gave evidence that from enquiris he learned that P.-C. Ryan had been on duty with a recruit, P.-C. Foer. at the time and district in question. P... Fowler was also on duty with another recrnit. P.-C. Huller, ou patrol duty in the section of Queen's Road taking in the corner of Possession Street. Hearing that the man was dangerously ill he took these men, and others, to see if he would
be able to pick out the man who struck him. Mr. Kemp was also present. The man said
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that a sergeant-they always called all European constables sergeants -kicked him; he took up his ricksha and ran away.
The four mentioned constables gave evidence, but did not hrow any light on the matter.
The jury returned a verdict of death from a ruptured spleen, as a result of violence.
Re SHUI TUK, DECEASED. Mr. H. H J. Gompertz on the 26th inst. held a coroner's inquest into the circumstances of the death of Shui Tuk, a seaman employed on the China Merchants' s.8. Kwong Tah. De ceased was crushed between the ship's side and a boat, while employed making fast the 8.8. Kwong Tak to the China Merchants' buoy, in Hongkong Harbour, on Tuesday.morning. A number of launches towing cargo boats surrounded the vessel, and one of the cargo boats crashed into the ship's boat. Four men out of fire comprising the boat's crew managed to jump clear, but deceased was crushed and subsequently died from shock.
Kwok Mun, master of the lanach San Shun; and Ho. Tso, master of the Cargo Boat No. 467, were brought before the coroner.
Messrs. A. K. Stuart, G. Newell, and C. W. May (foreman) were empanelled as jury.
made
William Henry Lunt, master of the 5.8. Kwong Tuh, deposed that when he arrived here, at about seven o'clock on Tuesday morning, he was surrounded by steam launches towing sugar-laden cargo junks. A number of the launches mado fast to his steamer. Some of them steamed ahead of his ship. Owing to the strong tide and the drag of th boats fast to his steamer he was hardly able to make any headway, though the engines were working "full ahead" all the time. As the ship would not steer properly witnes decided to anchor, but this he could not do for some time as the anchor would have fallen on one of the cargo boats under the steamer's bow. After some delay the bows were sufficiently olear to let go an anchor, and witness hoisted the police flag.. After the police had cleared the boats away witness proceeded to the t.bina Merchants' wharf. A boat was lowered to take a rope to the buoy. Steam launches and their tows. however, were gradually closing on his ship again. One ca go boat, being towed. crushed into the ship's boat, which had five of the crew in it. Four of the men jumped on to the cargo boat, but the other had both his logs crushed between the boat and the ship's side. He was placed on the police launch and coureyed to Government Civil Hospital. The several launches all' contributed more or less to the accident, as they were all crowding each other. He took the names of 14 of the launches close to his ship.
He thought they were all equally to blame. Witness was unable to avert the accident, and the boat's crew had not even sufficient room to put out un oar to pull farther ahead, The deceased man was in the after part of the boat. He tried to get clear.
*
Otto Schroll, the chief officer, boro out the captain's statements. He added that before the collision men on the inside lighter, seeing they could not clear the ship's host. shouted a warning.
The Chinese pilot gare e idence. The boat- men were anxions for engagement to carry
cargo.
Dr. Bell. superintendent of Government Civil Hospital, said that deceased was brought to the Hospital at about 8.15 a.m. He was in a dying condition. both legs having been badly crushe 1. He died at 9.30 a.m. from shook, due to the injuries.
Cheung Chung Si, one of the sailors who escaped, said that three launches closed in on them. One of his comrades jumped into the water. three got on to the cargo boat which crushed their boat, but the fi th was unable to get clear, There was a swift tide, and they were unable to get out of the way.
Mr Gompertz explained to the jury in what circumstances it was permi-sible to return a verdict of manslaughter. In this case it was a matter entirely for their own judgment.
The jury returned a verdict of death by misadventure.
Mr. Gompertz said that 2 men had been charged in connection with this case, with impeding navigation.
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