No, 4984.-JUNE 28, 1879.]
HONGKONG RIFLE CLUB.
INTERNATIONAL MATUH AT KOWLOON.
To-day being Coronation day and holiday to many of the members, the Hong- kong Rifle Club held the International match which has been on the tapis for some time, and concerning which several notes have appeared in these columns. The teams were each composed of ten men, and repre- sented respectively, England, Scotland and Ireland. It was suggested that a German or American team should be formed, but the idea fell through, leaving only the Britishers to have a friendly competition for the supremacy, and the advantage of being out in the reckoning for the expenses of the
THE CHINA MAIL.
Court. It would save him from going over any arguments unnecessarily, He contend ed, however, there were circumstances given in this report of the came to which his Lordship referred, which would enable him to show that it did not decide this case. He was perfectly prepared to admit that what had been quoted was the law at the present moment. Whether it was right or wrong was another matter, and one his Lordship would not of course consider. But the decision was one that had been Impugned by the highest authority; the eminent text-writer Russell on Crime, and it was considered that it would be overrated yet. However that fact was worth nothing Just now. He might point out that the ten lines read from the decision was from the | decision of Chief Justice Bovill, and be spoke only for himself and Mr Justice Keating.
His Lordship: Cui bono? The money is not in Court. I never had an application to deliver up anything stolen which was not in Court.
Singapore. (Times.)
zeeting; the winners having their stakes of these three caser, all I can say is I have the Judges decided the case on these points; he got his money here or not, a conviction jury strongly against placing faith in Lafont, owing to the refusal of the Minister
returned to them, and the $5 ahead of the second bast and the leather-medal team going to pay the expenses of the meeting, ammunition, marking, refreshments, etor We give below the scores of the different teams, the Irish unfortunately incomplete in dotail, but fuil so far as the 200 yards, and 600 yards, scoring is concerned, and right as to the total of the 600 yards.
It is due to the reporter of the Daily Press (Mr P.. H. Emanuel) to state that he took the scoring sheet of that team away from the ground-certainly not sanctioned, we are certain, by any official, to deprive no of it; and distinctly refused to allow the gentleman to copy it who kindly undertook to report the match for us, or to have the
use of it for this issue.
entry in my book. If last witness stated that the stamp "paid" was not on the chaque before the sheque was paid to the prisoner, he spoke the truth; he could not have observed it at the time,
Question: If the last witness says I am quite sure the word "paid" was not on the obeque when I paid the prisoner, ta he telling the truth I-Witness: I only know I put that stamp on when I got the cheque and put it on his table. It is not only my business to put that stamp on cheques sometimes other people do. If I mest á Bame on a cheque which I never saw before I would have to take it to the Portuguese clerk or the Compredere. I received $30,000 from the first witness that morning and paid it over the counter to the Payee, Hang Chiu Nam had nothing to do with it. As to the $50, I cannot say he did not pay it over. it first witness says he saw Hang Chiu Nam pay the money, in cash told you what I did. I made the entry at 11 o'clock as it appears now. I do not know who made the entry of date; but the handwriting I believe to be Bung Obia Nam: The date is sometimes per a same time as the stamp; sometimes in the evening. On this occasion the one was made in the forenoon, the other later on. Between 3 and 4 o'clock I saw it there I did not hear either for the first time. the first witness or Hung Chit Nam say anything about that time, because I was conating the $30,000. the arrest, corroborating first witness se to F. C. Grimble (86) gave evidence as to the circumstances in which the man were found. The warrant was read; I do not he said he was sick and seemed be go know what he said. The man was excited; Cross-examined: This is a large Chinese hong; the room I have described is right opposite the door. We pass by the counter to go up-stairs.
James West:- I am chief accountant in the Chartered Bank of India, Australia and
His Lordship said the majority (eight) of he quoted this passage because it was more nestly put than the same principle in the other judgments delivered.
a
The S. S. Edinburgh, now belonging to
advantage of legal assistance and advice for and also possible that this fixing of the. his defence. Again the compradore to the thing on the prisoner was an afterthought. Bank was secured, and was responsible to the Of couse there was no evidence of this; Bank for any over-payment made; he had and he did not assert it as true, but ho
The 8. S., Glenag'es, Captain McBain undoubtedly to make good this money, if it pointed these things out as other possible ex-
with a shipment of Foochow teas, arrived was lost at all. By these procedings ha planations of the diffinity than that suggest here yesterday afternoon (19th), and afte was not debarred from bringing a civil ed by the prosecution. The Chinese characters coaling, left early this morning (20th) fo action against the prisoner or against this two and three were each formed of three London. Hong for the amount; of course that a ver independent strokes of the pen. This he had There was to be seen recently in the dist by this jury that the man stole the proved to them by the first witness' own hand. Singapore Dispensary a most beautifu money would be of advantage to him in such How easy to change a two into a three; a specimen of the Japanese Lily Liliun an action was indubitable. In fact it was thing that could not be done with the auratum, grown in the place by Mr Herber open to question whether his Lordship could English characters without great risk Cope, and we notice the fact to ask twi not under the money, were the man con- of detection. victed, to be repaid.
These suppositions might questions, Why does the Botanical Garden be unreasonable or absurd, or they not possess this gorgeous flower? Wha might roject them on other grounds; has become of the Flower Show that wa but they would understand the purpose talked of some time ago? with which he submitted them. He pointed By the M. M. steamer Tigre from Salgor oat several other irreconcilable statements we have advices to the 16th instant. The Mr Drummond said at least it was open by the two witnessos, contradicting some- most important news from there is the re to them to apply for it. The man was out times themselves, sometimes one another; signation of the Governship of French on $2000 bail all along. However, whether and both equally positivo, cautioning the Cochin China by H. E. Rear Admira here of this man esa thief would be a strong such men even when agreed.
As to the of the Colonies to sanction the establish basis for his afterwards recovering the thought that might enter their minds ment of an Export Rice Duty at Saigon. money. The fact that the prosecutor had that if the money had not been really From late home papers we learn that enter into the full argument now, but that an
Mr Drummond said he did not desire to $1000 depending on the verdict gave it lost, the Bank or the Compradors would not Monsieur le Myre de Vilers has been ap
aspect ordinary cases did not have taken steps to bring on a asse like pointed his sUGGERBOR, the point should be reserved. The grounde have. As to the evidence, the absence this, he pointed out that the compradore on which he claimed this, were: (1) that the of the compradore was most significant, simply wanted his $1000 from some one, the Telegraph Construction and Mainten Middleton case was one of mistaken identi- most suspicious, even more significant and when he took the first steps be had had ance Company, left England, we learn by ty. There was a man entitled to £8.107 than the evidence itself. Who could have no suspicion it would ever develops to the courtesy of Mr Feil, the Genera and one entitled to 10. The latter took told them plainly whether $1,000 was over-
case like this; it had grown upon him be- Manager of the Telegraph Company, with the £8.10. Although it was a mistake of paid or lost that day at all? Who could fore he knew. Next he came to the conduce the duplicate Singapore-Penang cable, the clerk's there too, the case was very dife have filled up the guys in the evidence on of the prisoner. There was certainly no which touches at Malacca, on the 28th ferent from this one. Then there was the which they were asked to convint? Who evidence of bis behaving in the Bank as if May, and may, therefore, be expected at difficulty as to complying with the requires had the greatest interest in securing a cos-be was committing a felony; he walked Penang daring the first week in July. she did take and carry away" the money. ments of the law in this oase, showing that viction? The compradore; but he was not quietly away and went home; there was
The Captain of the Kromatah, which called. It might be said he could have nothing them to create the alightest auspi- arrived this morning (21st) from Bangkok, lar note of that point. The man was Counsel for the defence was to sift the he told him he only got $2,000. He was 1,208 tons, Captain Patterson, which left His Lordship said he had taken partion called the compradore; but the duty of the cion. Then when the shroff went to him reports that the British ship Kingston rightly paid the first and second parcels of case presented; not to fill up the gaps left then threatened, first witness saying 1 this yesterday (20th) in ballast to load money which he removed from the counter; in the prosecutor's Casa, the third, which he than counted, the larger presented should be full, clear, complete.se you."
will complain to the Court, and will Rice in Saigon, is ashore on Romania The proof
Then a bye-stander-what Heef, close to Horsburgh Lighthouse, and bundle, was the money he was charged with He might have got some evidence in gross was more natural, a man perhaps belongs is likely to became a total wreck. The stealing. It was of course all the sate examination of advantage to his client, ing the hong, who had been bothered by Kromsta stopped and steamed towards whether the money was laid down on the but it was not his duty to call him, these men coming there and making this the Kingston, which was half full of water, counter, and lifted again, or given from The evidence, putting aside that of the charge and they believing their partner to but the Captain refused to abandon her. hand to hand; the words were volan- policeman, WAS confined to three beionocent-said: "Do what you think fit." tarily parted with."
Chinese; none of these men could prove that Had the man been guilty would he haveacted Mr Drummond said he simply desired the $1000 was lost by the compradore that day; as he did? The people at the Bank had this important link was missing. Coming never seen him before that day they knew His Lordship: I should very much like to to the evidence of the first two witnesses the Hong, but not the man. The hong did have this case dealded by the Privy Council, they frequently contradicted each other, not receive the money. The man was not Of course I am bound by the decision-in and on various points one and then the molested till the day after. How many this case; but I should like something bat other was contradicted by his fellow and opportunities he had of learing Hongkong, ter still.
by the third witness. The prosecution must bad he, being guilty, ao desired. The Inst rely entirely on the evidence of the first and witness the policemen, had told them of the second witnesses; the third was not con- srrest and in such a way as to show that he was extremely valuable as showing how that there was some attempt at conceal- derned with this cheque at all, but he was endeavouring to lead them to believe little the jury could safely trust these two ment. They must remember the generally witnesses who were set forward to prove the strong desire of men employed in the same case. Mr Drummond then criticised at service as this witness to prove their casa, length the evidence of the first and second He seemed to have expected this man to witnesses, showing the various points in rush into his arms; and was disappointed He thought the which he contended the jury could not with because he did not, reason accept their statements as correct. conduct described was quite natural and They had been to the Bank and seen where reasonable, and more consistent with the men sat; they had heard the first bis Innocence than any other would The man had been out on witness say he saw the second count all have been. the $3,000 over to the prisoner, and also ball ever since, and had on no-occasion- saw him count it again. Could the jury shirked full enquiry into the charge against at a low table, much lower than the counter. Ward and consistent throughout. Having believe this; knowing as they did that he sat him. His conduct had been straightfor Besides he told them, as an excuse for the dealt with the heads he laid down in mistake of a "3" for "2" that he was very opening, Mr Drummond next asked the busy; his books showed it, he said; yet he jury metaphorically to put themselves fu noticed every Botion on the part both of the the man's place. Suppose one of them had second witness and the payes. These were shed a $2000 cheque that day, and inherent improbabilities, he left them with had been charged by some mistake or the jury. The first witness stated that the something else on the part of the Bank The Chief Justice: That is not a proper
second man came to his desk and received shref with having received $1000 in excens, de. pide, yds, service. (After consulting with Me Sang-
the moneys $30,000, $50, and this obeque. they w.uld just have been an helpless to Sergeant W. Johnson, 27th,.. 24 18
ster) It may have been the practice here,
pay out save the $3,000; and the first wit-Bot possibly prove a negative or an alibi. The second witness said he got no money to prove they did not as he was. They could Qr.-Master Windrum, 27th,...24 15
but it was never brought to my notios.
ness came and gave him it at the counter. Qr.-M. Sergt. Mann, 27th,.. 28 23
Of course, they were less likely to fix It would only have been an act of common MoQormish,
on B Chinese, 27th... 22 19
courtesy on the part of the solicitor for
The third witness also proved that the first on a foreigner than Sergeant J. Windrum, 27th,.. 18 20
the argument in was wrong, for he stated that he paid the but he had put Do. Adamson,
the prisoner, on seeing what was manifestly 27th,.. 24 13 Do. J. Hassard, 27th,..
$8,000; and that the other man had nothing the way to impress it on their mind. 82 22
a ship, to step across the street, and ask what
to do with it. Thus the evidence of the two là some cases previous circumstances were was meant. If the learned Counsel.could If this was not proved, he was not guilty, witnesses on whom the prosecution relied was against the man; there was nothing of the impugned and discredited; so impugned and kind here; no one could say, as they might discredited in part it was shaken as a whole; that and laid myself open to be charged;" distinctly not to be credited on crucial points it was not, as a consequence, to be trusted because any one who cashed a cheque was
The three best scores were made by Toomey (Irish) 71, Barnes (English) 70, and Walk- ington (English) 66. The English are the winners, beating the Scotch by 41, and the Irish by 40.
ENGLAND,
200 500 600
China; it is a chartered tank.
Cross-examined:-The Bank ja not pro secating in this case. I understand the compradore is prosecuting. The compra-points to be reserved. dore is secured to the Baok. I cannot say the amount; there are two or three sureties The amount is much larger than $1000.
The shroffs are secured to the compradore,
This was the case for the prosecution, which closed at 11 o'clock.
course.
gda, gde, pda, Inspector G. Orley,
24 16 58 Capt. P. Stainforth, 27th,... 22 18 12 62
Mr Drummond: I do not want to go to Sargt. Instr. E. Barnes, 27th, 26 30 24 70
Mr. Drummond, before addressing the the Privy Council. I want to argue the Col. Sgt. E. Flamingham, 27th, 24 21 11 66 jury, had to call his Lordship's attention to Col-Bugt. J. A. Fage, 37th, 19 19 16 64 two polo's of law. With regard first to the Probably the learned Counsel for the prose case before your Lordship if it is necessary. Sergeant W. Mead, 27th,... 22 18 20 60 information itself, the copy of the information would have no objection to this
Do. T. Langdown, 27th, 26 22 15 69ation furnished to the prisoner contained Do. R. Crapnell, 97th,.. 25 21 18.59 Do. A. Raid, A.H.O., ..
an error, and sa an error was the whole 27 18 15 80 Mr J. H. Walkington, ......
21 23 41.86 basis of this case, it might be well to put them right as they went along. The Total,........ 288 188 188 595 ordinance cited for the information of the
prisoner as that under which he was charg ed was No. 2 of 1867. Turning to No. 2 gde gde, $4 by the Governor" and so on for the 23-17-20-69-establishment and regulation of a Naval 32 20 17 59 Yard Pollos Foros," (Laughter.) 29 38 6 52
BOOTLAND.
Inspector Cameron, Inspector D.Thomson, Bergt. Whitehead (Vol.), .......... Gar. Sergt.-Major Annon, Pol.-Bergt. Grant, ..... Fol-Sergt. Flemming, Pol-Con. M'Clemaan, Mr. John Noble, Mr. W. Legge,»» Mr. Boyd,
Total,
IRELAND.
900 800 800
24 21 14 59
28 18 14 56 25 18 17 60 22 22 10 54 19 14 7 40 24 28 14 61 325 188 188 654
200 500 600
Qr.-M.-Sgt. Flanagan, E., 22 16
Pol-Sergt. Toomey,...
Corporal Moore, 27th,
Total,
23 24 24 21 11
SUPREME COURT,
IN CRIMINAL JURISDICTION. (Before His Honor the Chief Justice, and a
pecial Jury.)
Saturday, June 28.
THE OVERPAID CH) QUE CASE,
REGINA V. WONG AYING.
of 1867 he found an ordinance enacted
The Chief Justice said there was nothing in the objection. The altation was not required; it was simply noted in the margin at his request for easy reference; this had been miscopied; his copy was right, ordinance No. 2 of 1869.. Who served that copy?
Me Drummond: It was given to the Solicitor for the prisoner by the Crown
Solicitor.
point out any omission or substantial mistake
The Chief Justice thought that alike in Civil and Criminal Cases the opening Conn- sel should sum up, explaining away such dif. foulties as he thought might have arisen in the minds of the jury, because he had to open the case blindly as it were.
In this case one Wong & Ying was charged with stealing $ 000, the monies of the Chartered Bank of India, Australis and Chino. The case occupied the Court yester day, and the day's proceedings we reported last night. To-day, as on the first day, the Court was crowded, the Chinese attaching
Mr Hayllar said he had no objection to great importance to this prosegution of one waive his right to reply. who has held a good position among them
Mr Drummond then pointed out that The Attorney General, instructed by the while the prisoner was charged with steal Crown Solicitor, prosecuted; with him Miring a thousand dollars, there was no Bayllar, Q., instructed by Mr Brereton, suggestion that he ever stole one dollar; he on behalf of the compradore of the Bank; was really charged with stealing notes, to Mr W. V. Drummond (Shanghai). with the value of $2000. The word "money" him Mr Ng Achoy, instructed by Mr included notes, Dennys, defended the prisoner.
The jury was as follows :-Mesaro R..B. Bande man (foremiar), D. R. Crawford, J. Bradles Smith, R. D. Starkey, A. P. McEwen, Jacob Arnold, and O, Vincent Smith.
Information amended, Mr Drummond next asked his Lordship to decide now the point or reserve it that it might be argued at another time, whether the offence here (taking it that an offence were made out) amounted to that charges, larceny, He did not desire to enter cla- borately into the argument now, but re. ferred his Lordship to Regina v. Middleton, Vol. II. LR
Mr Hayllar said the case commended itself to his mind very much as it did to his Lordship's. There was not only this English cass which the Court was bound by, but the general rule laid down by Russell on Crime, after a distillation of numerous decisions, so far from being in the prisoner's favour, was, as he read it, much more easily to be applied to this case than to Beg. Middle
getting a verdict and reserving the points, His Lordship referring to the difficulty of suggested that they might get a special verdiet.
ton.
to this.
Mr Drummond and Mr Hayllar agreed Mr Drummond then proceeded to address the Jury. The questions arising, in what ever way they might be put to the Jury by his Lordship would resolve themselves into something like the following:-
Jury that $1000 was lost at all that day by 1. In it proved to the satisfaction of the the Chartered Bank ? If this was not proved, other question to consider; but if this was the prosecution entirely failed; they had no proved then they came to the question,
2. Did the prisoner receive that money? and they had not to go further. If they were satisfled he received it, then they had
to consider,
3. Did he at the moment of receiving it know that he was not entitled to it, but knew that it was the property of the Bank, and take it with the intention of depriving the Bank of its property, and appropriating it himself?
4. Did he BOMO
-At the suggestion of the Court (who said Mr Drummond had treated the case with every fairness), and with the consent of Mr Hayilar, it was agreed that this form should be adopted to go before the jury.
in some cases I would not have done
Quotations.
HONGKONG, June 28, 1879. OPIUM--New Patne, cash....$6374
37
54
33
#
"J
old
carb,...
New Benares, asah, 600 Old
saali,
New Malwa, credit, 780 Allowance Tools, 82 Old Malwa, credit, 780 Allowance Taels, 16
Exchange.
Bank, Wire, m
Demand,
**
3/01
>>
8/10
19
90 days' eight,
... 8/10
"
4 months' night,
3,10
3/102
J
"
17
230
231+
***
74% 780
Credits, 4 Documentary, 4 montha' sight, 3/11) India, Wire,...
demand.... Shanghai, demand,
80 days' aight, Gold Leaf, 99 ne... ... 26/10 Sovereigns,...
+19
414
5.12
Shares. Hongkong Bank, 50 % prem. Union Ins, Society of Canton, $1,300 China Traders' Ins. Co., $1,075 North China Ins. Co., Tls. 1,260 ex dir. Yangtaze Ins. Assoc., Tha. 730 Chinese Insurance Co., $200 H.K. Fire ins. Co., $740 China Fire Ins. Co., $175
H.K. & W. Dook Co., 6 % pratn H.K. C. & M. S.-boat Co., $7 dis. Shanghai Steam Navigation, Tis. 13 China Coast St. Nav. Co., Tls. 95, ex div. Hongkong Gas Co., $70 Hongkong Hotel Co., $65 China Sugar Refining Co., $187 "Chinese Imperial Loan of 1874, nominal,
Do,
of 1877, da
Temperature.
as a whole. The first witness said he always just as liable as he was to be treated in the paid cheques which had on them the chop same way. The whole story of how the (Taken at Messrs Falconer & Co's Premises,
Pay." Asked to point it out he pointed very far from giving them such an
business in this Bank was conducted was
to a large red chop, F.A.I.D. The second ides of the perfection of its arrange- witness swore as positively that the chop was
theft of the
masa had been made out or not. He left the case to them with confidence. Ho
BAROMETER
Do. Do
Queen's Road,) Bossxors, June 28, 1879.
9 AM... 1 F.M...
30.050
30.024
4 P.M....
81
Do.
Do.
1 P.M... 4.P.M....
85
Do. (Wet bulb) 9 ...
·Do.
80
Do, 1 F.M.
8L
Do.
Do. 4 P.M.
KAT
85 70
Do. Maximum
Do. Minimum over night
Shipping Intelligence.
The following is corrected from the latest
VESSELS TO ARRIVE. AT HONGKONG.
jury being fully satisfied that the case was London and Colonial Papers, do. :--- not substantiated did not trouble his Lordship for any exposition of the law on the subject,
up,
Left. Name, Feb.
14, John A. Briggs,
From.
22, Grossfurst Constantine, Hamburg 24, Edward Barrow, Mar.
Hamberg
Cardif
27, Agnes Muir,
London
28, Adam M. Simpson, Apr.
8, Leon,
10, Spica,
al, Worre,
by which bis ollent had bean put at a die. advantage, he would consider it ; but there 228 181 151 555 was nothing in this. Suppose "Oherу
Chase" had been written upon it.
Mr Drummond did not intend to make any substantive point of the mistake; he only pointed it out because the whole case was based on an error. If the Crown Solicitor's office, with all its legal talent,
time afterwards not put on till late in the afternoon. The ments or the invariable accuracy of its made such mistakes, it was not so extra- discover that he had received $1,000 too man who did chop the cheque told them officials as to lead one to say that it was ordinary that the Bauk should have made | much, and then only make up his mind to be did it before it was paid. With regard to not likely that Bank could have made such a mistake which led to these proceedings. keep it ?
a mistake, as his case was they had the cheque itself ho was glad to see on The second point was this, he desired st the outest to understand clearly that his be the true explanation, they would give a to give them any technical knowledge they the money was
In the event of their finding the last to the jury a banker, who would be able done, in charging this man with the TazaMOMETER—9 A.M....
lost money, if indeed learned friend was not to sum up to the
ever lost at all In required, beyond their common sense know-conolusion he impressed upon the jury the special verdict. jury after him,
ledge; this must be satisfactory to all parties. It certainly was to him. He be accused was to have the benefit of any well-worn maxim în crimical cases that the lieved they would consider with him that doubt that existed as to whether the the course of dealing in this particular bank was carried on in an extraordinary manner, Mr Drummond proceeding with his address The first shroff, who received on the day believed they could not bat be thoroughly to the jury, said there were one or two in question some $314,000, could not read doubtful on the first or at all events on the hanges to which he desired to direct their a word of English; he says he knew the second question put to them. It was attention; he would dispose of them first figures, but in this case mistook a "9" for and be able to lay the bocks aside and deal a 3" and often makes mistakes the frequently the case in such trials that the with the facts. As they knew, there was in second witness, who receives and makes pag. all criminal law in England, a strong pre-ments, cannot read a word of English either. sumption in favour of the prisoner, that was, The third witness, also connected with the in favour of innocence. He read from Mr same department, is equally ignorant of
His Lordsbipp oposing an hour's adjourn. Justice Best, on evidenos, 6th vol. pp. 123-4, English. He credited D. Massoo with a who said the persuasion of guilt ought to cheque because he saw the signature often, ment for tiffin after which he would anm amount to a moral certainty in the mind of and recognised it, regarding it as a kind of
The Foreman of the Jury (Mr Sandeman) the jury, before they convicted, that the chop, I was on the evidence of these men evidence which alone justified a verdict of the jury was asked to convict his client.ald they were prepared to give their ver guilty was that which would fully satisfy Where 8-10ths of the characters on the diet now?
His Lordship: Without knowing the the minds of reasonable men beyond all rea cheque were English, these men only were
law i sonable doubt, that he committed the offense employed they admitted several mis- Yesterday, Tung Chun Cheong, the
with which he was charged. An errone takes now it was absurd to suppose their cone conviction was an act of greater legal mistakes were always amongst the §1 notes; Chinese accountant of the Bank, who through hurry and carelessness wrongly
wrong than an erroneous acquittal. He also mistake with the large notes was just as quoted Taylor on evidence as to giving the simple and easy. The whole evidence Wative, the second question put to us.
Mr Bandemant We answer in the nega tead, it was alleged, the $2000 on the cheque in question as $80-0, and Fung His Lordship said that subject to the Prisoner the benefit of the doubt. These tainted with inaccuracy. The case had not
His Lordabip: What is that Chiu Nam, who, acting on the mistake learned Counsel's arguments he was die anges showed them in what frame been submitted with the truth and accuracy made by his superior, paid over the $3000, posed to accept as the law on this point were called upon to decide n
jury should be who that alone could so satisfy the mind of the were examined and cross-examined at con- briefly the ten fuss which had been quoted serions in its consequences to this would be mond then went on to show several possible osso so jury that the man was guilty. Mr Drum. aiderable length. To-day, the following by Me Bayliar, on which Chief Justice were the man convicted. He was satisfied ways in which the money might have really His Lordship said he thought it was only evidence was adduced for the prosecution. Herul saia that a man was to be consider the jury would adopt that frame of mind. been lost to the Bank and yet have right to state that the party who really Tung Akcon I am in charge of cheques ed as stealing ang money or proper, if He would towels briefly on (1) the manner never come to the hands of his client. It lout this money could not sue this man at ibs Bank. I am engaged in the Chinese he took it without the consent and agama of the prosecution; (3) the evidence itself was not necessary for him to establish any civilly for ita recovery until he press- Banking Koom, by the side of the accoun: the will of the owner, (even although it was (8) the conduct of the prisones; and (4) don theory but he just mentioned these dented him things were toerent to Labt. I look at this book "O" there is proved that the possession of auch had slide with a few general remarks to the showing that although they believed the Eugland where the prosecutor bad to an entry of money paid to the Chn been voluntarily parted with by snerrant in furg. He would refer first, for they came Bank Bad lost the money it was not there prosecute in his own name, and everybody Cheong Loung." This money was paid on whose haude it had been entrusted for a heat in order of sequence, they stone before fore necessarily true that his client had got then knew who was prosecuting; here this a cheque drawn by D. Mamoo, I know the specific purpose,) and if the person so the case caths before the Court, to a few s Be carefully guarded himself against thrown into the prosecution, and this was Compradore of the Bank was necessarily Dame because we onstantly have cheques taking the money intended to deprive the circumstances that seemed to him of some saying that any of these suppositions from him; and am ab's to identify the owner of his property and to feloniously importance, and to which also the jury wore true; he merely put them forward why the asks necessarily did not come be algnature, I cannot read English, but know appropriate it to his own uses and purposes, might be inclined to give some considers Hon. to show other possible ways that the money fore them to the usual manner. the figures. I do not know who brought Did he leave that office knowing he had In the ordinary course the Attorney General had gone than that set up by the prosecu
Mr Drummond asked whether his Lord- me the cheque. I found it on my table at the money in his bandkerchief which and the Crown Bellator had charge of the Home The Arst witness might have paid it ship desired to say anything to or concern 11 ddock, I had gone to the office at 10 did not fuly belong to him, and orirainal osses, and laid the same before the to the sound, who was at the counter and log the prisoner before discharge f b'clock When i got the cheque I made and be determined when he left that jury. Here the prosecution, had the sara had a drawer in front of him, and it might His Lordship | Certainly not. I do not entry in my book in anticipation of entry place to spropriate that money and vices of another firm of solicitors, and of Me- savoy have gone further than that is donalder this sate where I should sky I was entering others at the same timaj deprive the bank of it, or was it that he Haylier, Q.0. The prosecution had really was possible it was overpaid to some other anything. I have no right to comment on and put the stamp #Paid, then the word got the money by mistake, receiving pays been brought, as they had heard, by the cheque presented that day. The coole who the verdict. If you want me to speak Isball pay and the initiale L. B. were on it. One mert as he thought, not over payment of his Bank, or by the compradore of the Hanki was sent first and the shroff who went do it. I do not see my way so clearly an of the other cheques was drawn by Hung Hse obegne, and some time afterwards was the let them take it by the compradore, which with him and the other coolle who yon seem to expect to the verdict they Hector. for 850,000, and another for 150 these discovery of the $1,000 extra in his bands a appeteed to be the statement relied on by was sent after them most mysteriously dis have returned. They are men of business.
• With this Mussoo's abeque I placed on the imptation which made him appropriate it those who brought the base before them appeared. There was no mention of their and I do not know that I should have tabla. At about four o'clock I made an bust deny having ever received it That The real prosecutor then, aut auffded with being there when the first witness went to come to different conclusionį but sadoréemens 1 * 10th day, 4th moon (Eng. was very much the light in which the case the legal officers provided for him alons, had the man's house. Was is not culto poses should offer any remarks,***
I do not think the, dass is one in which I Joseph Hayden. 80, 8th month) paid money so sheque presented itself to the mud of a Court gone to the additional expanse of sectaring ble they had gone round to a numbez së paos.
2000, I made that entry. ...
Hr Diummond was greatly obliged to additional scented and assistance Tow The pla, mas naked them whether on being fald ]. The prealamalion was then read, the pri
Adolph Cross-examined---I put the stamp "pala" | bis Lordabip Eir this statement sa to how pipesantion, the consequence being that the discum that day they had not received | soner discharged, the jury thanked, and the in the sheque si 13 gʻajçok, allar making iba | ibe este presented luait to the mind of the prisoner was almost that and from the $1,000 too much. i was qulis porrible, | Conet mass.
of
zind
A
Mr Sandeman! We decide the case on a point of fact,
His Lordship How 1
Mr Fandenan Did this man receive the money.1"
Verdict entered accordi-gly “not guilty.'
20, Triton,
26, Twilight 27, Homewood, May,
2, Alex Yeats,
5. Alexander 10, Teucer (+) 11, Southern Cross, 12, Alex. Newton, 13, Glamorganshire, 17, Glongyle (s) 20, Menelaus (2).
Cardif
Liverpool Cardia London Hamburg New York Penarth
Cardia
Penarth Liverpool New York Newcastle
(N.B.W.)
Cardiff London
Liverpool
LOADING FOR CHINA AND JAPAN YÖNEL" At London, --Steamer: elo Buen Canal. Glenlyon.
Celtic Monarchi Edinburgh,
Sunbeam,
Viceroy,
Bailing Fans's,
Douglas Caatle Langland.
Gladers.
Sarah Scott, Oblasman.
di Liverpook
Dlyškes,
At Cardif
Bello of Oregone At Bumburg.
4) Netscastle. (N.8.W.)