July 10, 1905.]
The Master of the Slavonia stated in his evidence that he employed the defendent to bring his ship to the wharf, but I am of opinion that the defendant regarded himselfin charge of the vessel when she was drifting on to the No. 2 wharf. In the absence of any contract as to the express duration of the service, I am of opinion that a pilot engaged under this Ordin- ance is in the same position as a pilot where the pilotage is compulsory. In the case of compulsory pilotage a ship is under the orders of a pilot for purposes of navigation only, and his duty is not at an end until he has placed the ship in port in a position of safety.
to The next question to be decided is as whether the defendant was justified, consider. ing all the circumstances of the case, in bringing the ship in bows first.. I am advised that in view of the information at
his disposal he was quite justified in bringing the ship alongside the wharf bows first. I am also advised that there was an under current which caused the ship to drift. I am also advised that there is no method at present available for seing such a current.
The next question to be decided is as to whether the drifting of the ship on to No. 2 wharf was due solely to the delay in getting out the stern line, in not heaving in ou it when fast, and to the fact that it was foul of the bollards. I am advised that the answer to this question is in the affirmative. Mr. Unsworth in his evidence stated the launch had to wait ten minutes for the stern line, and that there never seemed to be any strain on the stern line before she struck. Master of the steamer stated in his evidence that the ship struck No. 2 wharf before the stern line got on to No. 1 wharf. I am of opinion that the defendant was in no way responsible for the delay in passing out the stern line, for its being foul of the bollards, nor for the failure to heave in on that line.
The ship having got into this position, was or was not the proper manoeuvre to have
backed out?
I am advised that to have backed out under the circumstances would have been a proper manœuvre, but that there was nothing improper in that executed by the defendaut. I am advised that there was a danger, if the ship had gone astern, of her head canting to starboard after she had gathered stern way and colliding with No. 2 wharf, in which case the collision with the wharf would probably have been more violent than it actually was.
With respect to the question as to fenders not having been got over, I am of opinion that it was no part of the defendant's duty to have done so, as the ge:ting over of fenders is not an act of navigation.
I find, as a fact, and am so advised, that the
defendant did not fail to use his utmost care and diligence whilst bringing this ship to the wharf.
My finding is therefore for the defendafit and I order this summons to be dismissed.
EUROPEAN MASTER AND
CHINESE "BOY."
Carl Heuser, of No. 3 Mosque Terrace, was charged with assault before Mr. G. N. Orme at the Police Court on June 30 by his house boy. Defendant had taken out a cross against the boy for disobeying the lawful com- mands of his master.
summons
Carl Houser stated bat on the 24th instant he went out on a bathing picnic. When he returned home that night he found that there was no towel in his room, On calling the boy to get one, he appeare to be very angry at being awakened, and began to throw things about the room. Defendant then slapped his face,
1
The boy's story was that on the afternon of the 24th instant he went out for a walk, but
feeling unwell, returned home and went to bed, His master dined elsewhere that night, return- ing home about 12.30 a.m. When his master called him, he got up and took in his basket. His master accused him of being lazy, and struck him before he could explain that he was
nnwell.
His Worship cautioned and discharged the boy, also the master, considering there had been some provocation, but advised him to be careful in dealing with bis employees in future.
CHINA OVERLAND TRADE REPORT.
DIPLOMATIC CHANGE AT PEKING.
THE AMERICAN NEW BROOM.
Mr. Rookhill, the new United States Minister at Peking, has indeed taken that somnolent city by storm, and the effects of his Excellency's new departure in inaugurating international social amenities in Peking will doubtless be the means of vivifying the old fossils of the Capital and making them feel a new interest in life, as it were. According to a Peking correspondent, Mr. Rockhill has been making social calls upon all the high mandarins of Peking, such as the Grand Secretaries, the Grand Conncillors, the Presi dents and Vice-Presidents of the various Great Boards etc., etc. By some his Excellency has been welcomed cordially and with open arms; & touch of by others with timidity and suspicion, these last because it was, perhaps, the first time in their lives that they bad practically over spoken to a " Western Barbarian." On the whole, however, it would seem that the majority of the princes and high officials of Peking rather liked the idea of an exchange of social visits with the American Minister, and if his Excellency's colleagues of the Corps Diploma'ique would only promptly follow his ing likewise, the example by "going and mutual knowledge and esteem which will surely arise by such social intercourse will bear more fruit in the future, beneficial to all parties, than has been seen in the past, when cach demand could only be satisfied by a threat or by, what is known as, "gunboat policy." Hitherto it has been the custom for Ministers of foreign coun- tries to call only upon the Prince and Ministers of the Ministry of Foreign Affairs (Waiwupu), and if anything happened necessitating com. munication with any of the other Ministries or Great Boards, the course has been to do so through the Waiwupu. Mr. Rockbill's departure if followed up in the right way, however, easily revolutionise all this, as friendship struck up with the Ministers of the various Boards will easily enable a Foreign Representative to settle matters by a policy of mutual friendly give and takes.
CHINA AND THE PEACE NEGOTIATIONS.
HAW
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IMPORTANT DEVELOPMENTS. The Horhi publishes a Peking telegram which indicates an interesting development with re. gard to the personnel and conditions of the peace Legotiations, should they take place at this stage. The telegram says the Chinese Gorera. ment is much concerned as to the outcome of the negotiations between Japan and Russia, it being feared that Russia may demand Mongolia or Hsingchiang in lieu of Manchuria, and that Japan may retain sovereignty over Manchuria. The Chinese Government, therefore, urges that the following fire conditions should be included in any terms agreed upon:-
1. That the withdrawal of Russian troops from Manchuria be the end of Russin aggres. give designs in the Far East.
That the Chinese army being insufficient for the protection of Manchuria, peace may be preserved with the assistance of Japan.
3. That the exclusive privileges already granted to Russia in Manchuria should be annulled, and that Kirin, Mukden, and the Amur should be opened to the commerce of the
world.
4.—That the Chinese Eastern Railway, Port Arthur, aul Tairen, should be placed under Japanese control.
3.- That Russia should not be allowed to use the privileges already obtained by her in Man cburia by way of making compensation to Japan.
The Chinese Central Council held a secret conference on the 12th instant, and considered the probable basis of peace between Japan and Russia, seeking also the opinion of the Nanyang and Peiyang Ministers, and the Ministers of the Treaty Powers. It has now been decided if possible to take part in the peace negotiations with the support of Great Britain and the United Stats, and to send Prince Su to Washington as the representative of China,
MISCELLANEOUS.
29
The Chinese Empress Dowager is reducing the allowances for the repair of palaces, temples, tombs, etc., by 50 per cent., and ordered that everything be done with a view to the strictest economy.
Mr. Justice de Sausmarez gave judgment in the Shanghai Supreme Court, in the suit to decide the ownership of the tug-bort Samson. The judgment awards M. Pavlow Tls. 19,00, less certain expenses; and values the Samson at Tls. 60,000. It also allows Tls. 41,000 to be paid on account of the steamer Edendale, the purchase
Ward. of which was cancelled by "Baron
The steward of the s.s. Amara (from Canton) was charged with unlawful possession of 22 taels 3 mace of illicit opium. The case came b·fore Mr. Haze'and under two charges, the first being that of opium actually found in the steward's bed-room, and the second opiam found in a cup-board in the saloon. Defendant was fined 3500, or five months' imprisonment. Th captain paid the fine.
Another tramway fatality has to be added On July 4th a native to the growing list. was taken to hospital with a fractured skull and a broksu neck, the result of a tram accident, He was unconscious when taken there, and expired about in hour afterwards. It is believed the another case of stepping off a moving car. although it was at first supposed that the man had been run down.
The new organist of St. John's Cathedra 1. Mr. D. Fuller, who comes from Bournemouth, entered upon his duties on July 9 Since the late Mr. Ward departed for Shanghai the duties of organist and choirmaster have been efficiently performed by Mr. E. J. Chapmin. It was a melancholy coincidence that Mr. Fuller should have hen called upon to play a funeral hymn of Mr. Ward's composition on the very day of Mr. Ward's burial at Shanghai.
Que of the Chinese Imperial eunuchs having the ill-luck to die after smoking a cigarette. the Empress Dowager arrived at the somewhat basty conclusion that it was the little weed that was responsible, and she has strictly forbidden anyone to smoke cigarettes in the Palace. Another eunuch who endeavoured to point out the mistake of this order and the harm it would do to native industry has been handed fo the Board of Punishment.
Mr. Orange appeared in answer to a summons issued by the Sanitary Board against Sir Paul Chater for allowing pools of stagnant water to remain on his ground, Cadogan Road, Kennedy Town. Mr. Orange said that the pools were only two inches deep, and a contract had already been entered into t raise the ground three fe t. The magistrate made an order that this work must be comm nced within fourteen days, and completed in three months. Mr. Orange undertook to see to this.
A private riosh coolie, while strolling 1-isurely along the tramline at the foot of Pot inger Street on the 4th July with an empty richa, refused to get out of the way of an encoming car. The bell was clanging violatly, but the coolie seemed disinclined to harry, and the motorman attempted to pull up the car when a short distance off. He could not, however pull up within the distance, and the
car,
striking the wheel of the ricsha, jerked it round with the coolie still in the shafts. He was removed to hospital minus half a dozen teeth. and with a broken jaw. Such is the story from the motorman's point of view; the ricsha mau may state the case differently.
The fire brigade under Chief Inspector Baker was called ou at 2.20 am. on the 8th July to proceed to a fire in a bird-nest shop at No. 9 Wing-lok Street. This was the shop of the Hang Yuen Hop Kee firm. The rear of the ground floor of the shop was used as a store room, while the first floor was the residence of the manager.
It was in the store room that
the fire originated, and being fed with plenty of inflammable material, there was soon a big blaze. There was a plentiful supply of water, and the fire was subdued within an hour, but not before the ground floor was gutted. The out- break is said to have occurred through the upsetting of a kerosene lamp. The shop was insured for $25,000, $20,000 in the Russian National Insurance Company, and $5,000 with Messrs. Meyer & Company,
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