:
May 28, 1906.]
"
proceeding
on a course about south-east by east ; at a speed of about ten knots per hour. Her regulation lights were burning brightly, and a good lookout was being maintained. The night was fine and clear but cloudy, and a fresh breeze was blowing from about north-east, the tide being near the end of the flood; Under these circumstances, those on board the 'Hankow” observed a junk, with no lights, nearly a mile away, and bearing about half a point on the "Hankow's" starboard bow. As soon as those on the "Hankow "could make out the junk's course, which was crossing over to the "Hankow" from starboard to port, the "Hankow's" helm being ported so that the junk (if she had kept her course) would have passed the "Hankow" amply clear, port to port. When the vessels were about to pass, the junk suddenly obanged her course to port, and appar- ently attempted to cross the Hankow's" bows from port to starboard. Tho Hankow's engines were immediately reversed full speed, and her helm was brought hard to port, but there was no time for these measures to produce much effect before the junk coming on rapidly struck with her port bow the Hankow's" port side about seventy feet from her stem, inflicting damage on the "Hankow". No lights were visible on the junk until after the collision, when a light appeared at her stern. The defendants alleged that the junk neglected to maintain a proper lookout; that she neglected to keep her course as required by Article 21 of the regulations for preventing collisions at sea ; that the junk was navigated in a manner which was reckless and unseamanlike and contrary to Article 29 of the said regulations; that the junk neglected to carry or exhibit the lights required under the Merchant Shipping Amendment Ordinance 1905, or any light whatever. The collision was caused solely by the fault of the junk and there was no negligence or improper navigation on the part of the "Hankow."
The defendanta counterclaimed judgment for damage caused to the "Hankow by the collision and costs; to bave an account taken of the said damage with the assistance of mer- chants'; and such other relief as the Court may think fit.
Mr. Slade said the preliminary act and peti- tion and answer stated clearly the stories of the two sides. The "Hankow's" was the usual story always set up, namely, no lights. That snb. stantially was their defence, because on all other points it was clear from their statements that they saw the junk as far off as they could have seen her if she had had her regulation lights, which were only supposed to be visible a mile distant. Yet they saw her a mile off and the junk was only a small vessel of some 70 feet long or thereabouts, and she was loaded with a heavy general cargo, including a large number of tins of kerosene, and was on a voyage from Hongkong to Canton. She finished loading kerosene about 5 p.m., and mailed from Stone outter's on her voyage to Macao. The course she was taking would be explained by the master; it was the best she could take in the state of the tide. She went through the Capsuimun Pass with flood tide and kept close to the shore, intending after she had gone some way up to turn and go across the estuary of the Canton river so that if the tide turned she should not be set down. When the junk was off Pillar Point the lights of the Hankow were seen. The junk kept on her course and the
· Hankow ""kept on her · course, and the two Vessels were beading so that they would pass clear, of one another, starboard to starboard. When, however, the "Haukow
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11
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CHINA OVERLAND TRADE
EPORT.
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The Judge The notes are all alike ? The Attorney General—Yes, they come the same printing press probably in Japan.
Sentence of five years' penal servitude was pasred for the first two offences, and eighteen months' hard labour for the third, to, ru concurrently.
MANSLAUGHTER.
in which contention they were torroborated-by the record at the Hongkong Obs3rvatory. The junk was deeply laden and her speed was about two miles an hour, while the speed of the "Hankow
was stated by the defendants to have been ten knots. The next point of differ- ence between the two vessels was that the jaok❘ altered her course at the last moment, therefore running into the “ Hankow ", and would have A carpenter named Chan King was arraigned passed olear if it had not been for altering her for the mansi ughter of Kwan | Cheong, course. Mr. Slade submitted that this was an | another carpenter, at 33; Queen's Rond-Comténi extraordinarily improbable story. The junk | on
25th April. The Attorney General was a small versel of some 70 feet long, laden prosecuted and the same jury was sworn again. with a heavy cargo, and carrying a number of Evidence was given to the effect that defendent women and children-the master had his wife and went to the shop in question, and deceased told. children ou board, and one child was drowned. him that he should not sleep there as he did no. - It was inconceivable that a small vessel like the work there, but defendant declared that he would junk would, as alleged by the "Hankow", bare The men quarrelled and got to blows. After turned aud at such close quarters thrown being separated defendant threw a piec› of wood herself into the course of a vessel at least ❘ at deceased, who fell to the ground and defendant four times her own length. Another differ then ran away. Decessed took out a summons ence between the stories of the vessels "was against defendant, but died four days later. that the junk had no lights except one at the stern which, according to the "Hankow's preliminary act, was seen only after the collision. The evidence of the junk people would be that they carried the two lights required by the Merchant Shipping Ordinance. From the statement made on behalf of the "Hankow" in her preliminary act, it was perfectly clear that sue saw the junk" about a mile distant. Counsel would show that the story told by the junk was by far the more probable, and would ask his Lordship to believe that story.
Evidence was led, and the case adjourued.
Monday, May 21st.
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IN CRIMINAL JURISDICTION,
BEFORE Mr. A. G. Wise (Poisng JudgB).
*1
The Criminal Sessions, which were adjourned from the 18th inst., were opened, there being five cases set down for trial.
FORGED BANK NOTES.
A Japanese named Kon wakura was charged on two counts with attempting to utter forged bank notes and on one count with having forged notes in his possession. Through a Japanese interpreter prisoner pleaded not guilty to the first two charges but admitted the third.
The Attorney General, who prosecuted, said he was willing to accept that plea.
Prisoner, when asked for an explanation for having the forged notes in his possession, said he did not know the notes were forged until he
was arrested.
The Puisne Judge-That is not good enough.
Defendant's statement was that he pleaded to be allowed to sleep in deceased's bed as he had done for some time, but deceased threw a pisce of wood at him which hit him on the head.” Ho threw it back and struck deceased.
The jury, by six to one, found prisoner guilty, and sentence of one year's penal servitude was passed.
*
'THE OLD STORY OF THE BUPTURED SPLEEN.” Fang Kai-sing and Cheung Shui, sesmen, wre arraigned for the manslaughter of Mak Kwai in Victoris Harbour on May 4th. They pleaded not guilty.
The Attorney General, in opening the case for the prosecution, said the prisoners and the deceased were employed on jank No. 941. On May 4th about one o'clock in the afternoon deceased adjusted a plank placed to facilitate the discharge of "coal, and in doing so overturn-d a baskt. The first prisoner cams np, followed by the second, from the hold and accused deceased of throwing the basket into the water. They struck him with their fists and kicked him, and the man died the same afternoon. It was the old story of is raptured spleen, but the gravity of the case con- sisted in the two mon tackling one.
The first man said hé beard a noise and on going up on deck was accused of assaulting the deceased. The second man declared he only at- tempted to prevent the fight and was arrested.
Both prisoners were found guilty.
The Judge said he draw a distinction between this case and the last. The med would be sen- tenced to six months' hard labour.
NO INDICTMENT.
In the case of the four meo, Li Nang, Fung Chan, Chan Chok, and Li Ki-ho, oharged with The Attorney General - No; it will be sater to arson, the Attorney General said he would not eater a plea of not guilty.
proceed with the charge, and the Judge accord- The following jury were empanelled: Messr.ingly dismissed the defendants. R. 8. Judah, W. Taylor, T. C. Gray. W. E. West, H. J. Oliffe, J. Mitchell, and E. Clayman.
Five
The Attorney General, in opening the case for the prosecution, stated that the prisoner entered the shop of a Chinaman at 34, Queen's Road on April 11th and bought a watch, tendering in payment a ten dollar note, days later he proceeded to a shop a little down and commenced bargaining for a box. By an extraordinary coincidence this shop belonged also to the shopkeeper already referred to and by a more remarkable coincidence the shopkeeper was present and heard prisoner negotiating for the purchase of a box. In the interval the shop keeper had ascertained that the banknote originally tendered by prisoner was forged and when another of the same was pres nted to his foki, he had prisoner arrested. At the Police Station prisoner was seen endeavouring to get rid of something and a ten dollar bill was found on the floor. When searched two more ten dollar notes were found in bis possession.
· Evidence having been given,
Prisoner made a statement that he received
was quite close to the junk she suddenly ported and went across the course of the junk. The junk kept on, and struck the “ Hankow " at a very acute angle indeed somewhere about the bow. She slid down along the side of the "Hankow " until she was brought up by the paddle-boxes. and apparently the damage done to her was caused by the blades of the paddle of the "Hankow"; the revolving paddle cut a great hole out of the side of the junk. That was the story told by the junk and set up in the plain- tiffs preliminary act before they had an op- portunity of knowing the story of the "Hab- kow", and that story was borne out in nearly all material part by the story told by the "Han-life. kow". The only difference was that the defen- dants said there was a fresh breeze, and not a
light breeze, as the junk people maintained, and
the notes from a Japanese visitor at his lodgings. He did not know that they were forged.
The jury found prisoner guilty. The Attorney General pointed out that this offence had become very common in the Colony. The Judge -Has it? Well, I can give him
The Attorney General-It has become very common of late, especially with regard to the Hongkong and Shanghai Bank notes.
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IN ADMIRALTY JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHINY JUSTICE) AND HON. CAPTAIN L. A. W. BARNES-LAWBence (Nautical Assessor).
ANOTHER COLLISION CABE,
The case was continued in which Chan Pok- tai, owner of the junk "Lin Shing Lee"", and the owners of her cargo, claimed damages from the s.s."Hankow" for a collision which occurred between the vessels on November 15th.
Mr. M. W. Slade, iustructed by Mr. E. J. Grist (of Messrs. Wilkinson and Grist), appeared for the plaintiffs, and Mr. E. H. Sharp, K.C., lustruoted by Mr. H. J. Gedge (of Messrs. Johnson, Stokes and Master), represente ed the defendants.
The evidence for the defence having been beard,
Mr. Sharp addressed bis Lordship on behalf of the owners of the "Hankow", pointing oat that the most important point in the oise was that the junk neglected to carry a masthead light, and that neglect occasioned or contri-
bated to the collision.
The case was again adjourned.
According to the Nanfungpao a memorial has been presented to the Throne by the Board of Education, recommending the sending to Japan of all the newly-appointed Superinten. dents of Education for three months study prior to taking up their appointments,
No comments yet.
Private notes are available after approval.