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he had always been on excellent terms with bis officers, for since they had all worked faithfully and peacefully, each doing his duty to the best of his ability, there was, indeed, litile chance for much friction. He was deeply grateful for their good wishes and would go away bearing none but the pleasantest memories of them and of Hongkong generally, and he hoped their future would be peaceful and prosperous,
DEATH OF CAPTAIN THE HỘN. F. M. ST. AUBYN.
We regret to have to announce the death of the Hon. F. M. St. Aubyn, R.B, which occurred | on Thursday night, after a short illness, On Friday afternoon the remains of the deceased officer were interred in the ceme. tery at the Happy Valley in the presence of hundreds of members of both the Army and Navy. The procession, which was formed at Wellington Barracks, was an exceptionally long one and impressively imposing, and amongst those who attended the grave side of the de- ceased captain were Major-General Digby Barker and his staff, and the whole of the off- cers of the Garrison off duty. The Volunteers were represented, and there was also a big master of civil officials and private residents. On the way to the burial ground the band of the Rifle Brigade, to which the deceased belonged, played The Dead March," and the body was lowered into the grave with the usual military honours. The deceased officer was the third son of Lord St. Levan, and was gazetted second lieutenant in 1879, lieuten- ant in 1881, and captain in 1888.
He was ayounger brother of Major the Hon. J. T. St. Aubyn, who was aide-de-camp to Sir William dés Vœux wham Governor of the colony.
FIRES IN QUEEN'S ROAD,
FOUR HOUSES gutted.
On Saturday evening, at 6.30, a fire broke out in a tea shop at 228, Queen's Road West, oc- cupied by Nam Hoi. The outbreak was due to the falling of a kerosine lamp which was hang. ing over the stairs of the ground floor. The Fire Brigade attended as speedily as possible. bat the flames obtained a firm hold of the build- ing and spread very rapidly. All the avail- able hoge was brought into play, but the efforts of the firemen could not prevent the premises on each side-Nos. 228 and 230-be- coming abluze, and in a very short time the three houses were completely gutted. Nam Hoi occupies the first floor of the three houses, and the ground floor of 226 is a samshu shop and a school, and that of 230 is occupied by a dealer In sweetmeats. The t tal damage is estimated at $10,000. No. 228 is insured with Messrs. Shelihass and Co. in the Hanseatic Insurance
Co. for $4,000 and the two others houses are in- sured for $2,000 each by Messrs Siemssen & Co. Another fire broke out in Li Sing Street. Queen's Road West, at 7.15 on Sunday night. The pre- mises are used by a rattan dealer, and when the out- break occurred there was no one on the premises. The Fire Brigade worked for upwards of an hour and a half before they mastered the flames. The place was burnt out, and it is not yet known whether the amount of the insurance $2,000——
covers the damage, or what the origin of the
\re was.
MRS. BISHOP ON KOREA,
THE HONGKONG WEEKLY PRESS AND
On Monday afternoon Mrs. Bishop gave an Interesting address at the City Hall on Korea. Mrs. Bishop's books have made her name almost a household word, and naturally there was a keen desire to see and hear the well known traveller. Unfortunately the music room had been selcoted for the address and it proved too small to accommodate all who wished to attend. For about an hour Mrs. Bishop in pleasant conversational style recounted her impressions of the Hermit Kingdom, where she spent several months last year and another six weeks quite recently. She described the physical characteristics of the country, the manners and customs of the people, the system of administra.
tion, and the changes now in progress. Refer- ring to the official corruption that prevails she stated that from eighteen to twenty million dollars was yearly collected as taxes, of which from five t seven million only was paid into the treasury. As an instance of how the system is worked she mentioned that in one village through which a line of telegraph was being carried the Governor made R requisitiou of a hundred cash per bonse, the Magistrate fixed the amount at two hundred, and the ranners collected two hundred and fifty. Mrs. Bishop broke new ground in referring to the religion of the country, which she said was really a system of demon worship; every family would have a few thousand demous attached to it and families of importance a million or two. She also made a humorous refer- ence to the Japanese order abolishing the use of long pipes. Formerly every Korean carried a pipe about three feet long, but now they were allowed only to use small pipes. In general | she spoke favourably of the reforms introduced by the Japanese, but some of them she said were rexatious, the pipe regulation being in cluded in the latter category. Dr. Cantlie oc- cupied the chair, and at the close of the lecture a vote of thanks was accorded to Mrs. Bishop on the motion of H. E. Lieut-General Digby Barker seconded by the Rev. R. F. Cobbold. A collection was made at the door on behalf of the Sailors' Institute at Kowloon. This afternoon Mrs. Bishop will give an address to the Odd Volanes on Western Thibet.
SUPREME COURT.
4th March.
IN APPEAL.
BEFORE THE FULL, COURT.
LEE KING & CO, Ý. CAELOWITZ & cổ. This was an action in which the plaintiffs claimed the sum of $3,240.87 due under a charter party dated 19th December, 1893, for freight on a cargo of coals per Iser from Moji to Hong. kong. Judgment was entered by consent for the plaintiffs, and certain cross-damages claimed by the defendants were referred to the Registrar. From the Registrar's decision the defendants appealed and judgment was given by the Acting Chief Justice in their favour. From this judgment the plaintiffs ap- pealed to the Full Court. The appeal was heard on January 28th.
[March 6, 1895.
Mr. Robinson-My lord, if you will allow me I would like to add some remarks before the Court adjourns. I trust that the Court may see cccasion to reconsider the decision, which is a hardship to the parties. I do not know what my friend will have to say, if he says anything on the matter, but for my clients I have to put it to your Lordship as a hardship that they, having been brought into this Court, and the Court having beard the whole of the se. the Court should not now dismiss the case by a judgment. I fully admit what has been said by your Lordship about the importance of the matter; it is of great importance no doubt. But the case has been twice argued before your Lordship and Mr. Wise, and hoped you would make an effort to do justice in the matter by having the case disposed of even at the last moment before your Lordship went. The importance of the case is great, but the matter having been twice argned before your Lordship-and so far as your Lordship is con. cerned there are many matters pressing upon your attention the matter having been twice argued I ask Lordship not to formulate the rea- sons of your decision, but to give your decision so that we may have an end of this litigation. I will put it to your Lordship that it brings a certain amount of discredit upon the process of litigation that the parties being put to the ex. pense of an appeal should be put to the further expense of another appeal if your Lordship does not reconsider what has been sid. parties. I submit, have a right to the decision of the Court, the case having been argued before it. It is a matter of right. Your Lordship has on a previous occasion referred to the Magna Char- ta of England, and your Lordship will permit me now to refer to one of the best known articles of John's charter-the 40th-bich says "We will deny or delay to no man right and justice." Now in this case, my lord, we have a right, I submit, to the judgment of the Court, and it will be a denial of our right if judgment be not delivered; it will be a delay of justice if it is not delivered. The parties in this case must be weary of this litigation and your decision must drive them to seek for methods of settlement in a manner other than that which is the best, and recognized as the best, method of settling disputes, namely, before the tribunals of the country. I hope your Lordship will re consider this matter. Your Lordship has upheld so high a standard of devotion to duty that, although I am fully aware of the import. ant demands on your attention, especially lately. I trust, my Lord, you will uphold that standard to the very end and give judgment in this case, So far as I am concerned be it what it may. nothing that falls from me will, I must respect- fully say, countenance in any way the patting off of my clients' rights, I must withhold my consent and ask on the part of my clients for
Mr. J. J. Franeis, Q.C. (instructed by Mr. V. H. Deacon), appeared for the plaintiffs, who were the appellants. and Mr. Robinson (instructed by Messrs. Johnson, Stokes, and Masters) repro-what is right. sented the defendants and respondents.
and
The
His Lordship-I acknowledge the justice of many of the remarks of the learned Counsel, I beg to tell him that I need not be reminded of my duties. There is one paramount thing I have to listen to, and that is my conscience, and I could not, having heard the case twice, conscientiously come to a decision in this matter without à fur-
ther examination, and that I have not been able to give. You are perhaps doubtless aware of my feelings about an appeal. I have a very great objection to sit in appeal on my own judgment, as practically I have a casting vote which nul-
His Lordship-It is with regret that we have to announce that we are not ready to give our judgment in this case to-day. My brother Wise, who in addition to his own duties as Acting Puisne Judge has lately kindly relieved me of most of mine as Acting Chief Justice, required some little time to look into the matter, and we were not able to meet in conference until Wed- per day last when, after a short consultation, wa saw it was necessary that we should further and carefully consider all the authorities cited and the facts of the case. This we have not been able to do, as at the last moment many small but lifes any other decision. I have already alluded important matters turned up which required to to the fact that it is recognised that judges can be at once dealt with; and although I very care- make mistakes-must and do make mistakes. fully considered the case before giving the judg. I gave the case my very best attention and ment appealed from, yet I do not wish to give any I have come to a certain decision. That has decision after the case has been fully re-argued on been appealed against, and I regret the delay appeal without a fresh examination of the authori- of one or two matters. Still, I am only doing the parties at the present mo ties and further consideration of the matter. This justice to I have not had time to do, and I regret I am not ment in refraining from giving judgment, and able to finally dispose of the case to-day; but as sending the parties before two judges who know I have often seen in this is an appeal on a question of law only, and nothing of the case. as Mr. Francis who appears for the appellant England that a judge has been unable to give has been good enough to say that my judgment judgment, and I am doing nothing unusual or fully and satisfactorily set out the facts. I feel anything which will bring a hardship upon the that the case can without any loss of time or parties. It is merely a question of law. You difficulty be placed before the Court, with this have all the facts before you and one morning As I have already stated additional and important advantage to the will dispose of the case. parties, that on the appeal they will have the I have a great objection to sitting on my own. benefit of the opinions of two judges who were judgment, when practically 1 must decide the both strangers to the judgment under review. matter. I am glad to bo relieved of the re- he case will be adjourned sine die and Mr.sponsibility and to give to the parties what I am
sure will be a trne and real appeal. Francis will apply for a re-hearing.
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