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THE HONGKONG WEEKLY PRESS AND
sented to accept instalments of $30 a month, been made, and he kept it back and concealed and judgment was accordingly given.
ULLMAN AND CO..V. A. JORGE,
Judgment in this case was given against the defendant, who owed $15.75 for goods sold and delivered. He is the same man against whom judgment was given in the Fletcher and Co. case.
24th September.
CHAN YUN LUNG V. 8I YIK LOONG FIRM.
The plaintiff brought two actions to recover $1,600, money lent to defendant.
i
Mr. Reece appeared for the plaintiff, and Mr. J. J. Francis, Q.C. (instructed by Mr. Gedge), represented the defendants.
Mr. Reece said the defendants were drapers in Jervois Street, and the money was borrowed from the plaintiff for the purpose of paying the firm's debts.
Mr. Francis pointed out that although asked to do so the plaintiff's solicitor had not pro- duced a promissory note or other document.
Mr. Reece I sue for money lent, but not où a promissory note. I have a deposit receipt.
Mr. Francis-Mr. Reece was asked to pro- duce documents.
Mr.
Reece Mr. Gedge's clerk did come to me one day and asked me if I had any promis- sory notes, as there are two suits, and I thought I had not. I said "No, I am not suing on a promissory note; I sue for money lent." I was not bound to tell him I had a receipt.
Mr. Francis-I hope no other solicitor will do the same in Hongkong, my lord.
His Lordship-I do not know exactly what he was asked for. What was he asked for?..
Mr. Reece I was asked for a promissory note.
Mr. Francis-I did not think that any soli- citor or legal practitioner in the colony would
hide his case behind such a statement as that.
Mr. Reece-There was no attempt to hide the facts.
Mr. Francis-The question was, "Have you any promissory notes, receipts, I.O.U.'s, notes of hand, or other documents ?"
Mr. Reece My reason for not producing the receipt was that I was not asked for it; I was asked only for a promissory note. My second reason is that in my experience, if a document of this description is produced before the trial the defendant is given an opportunity of saying "That is not my chop" and producing at the trial & chop that does not agree with the chop on the document.
Evidence was given by several witnesses on
both sides, and at length Mr. Francis, in an- swer to his Lordship, said he would consent to judgment in both cases for the plaintiff. Counsel's instructions were that a man other than the plaintiff would appear in the case.
Judgment for plaintiff.
Mr. Reece said it was now only right that Mr. Francis should withdraw his statement
that he (Mr. Reece) had refused to produce the
documents.
His Lordship I did not express any opinion on the subject.
Mr. Francis-As Mr. Reece has, unfor- tunately for himself, alluded to the subject I must now again refer to it in the shape of a formal complaint. The first affidavit was sworn to by the managing. clerk to the defendants, and it said, I believe the plaintiff will in support of his claim
:)
it. It was not a promissory note certainly; it was only a receipt or acknowledgment. The solicitor's clerk went to him and asked him to show the promissory note. He said there was no promissory note in the
Mr. Reece-I beg your pardon. You have not set out the facts correctly.
His Lordship I will hear you directly, Mr. Reece.
Mr. Francis
-An application was made ac- cording to the practice of the Court for dis- covery, Knowing perfectly well that his client was in possession of this receipt connected with the suit, and which we were entitled to in spect, he ought not to have kept it back. I submit that was a thoroughly unfair and unpro- fessional proceeding.
His Lordship-Part of the blame must rest on my shoulders. An affidavit was put in in support of the application made in chambers, and the objection was that it was indefinite. I held that a further affidavit was wanted, and I take it that Mr. Reece has complied with that one, and that he has practically answered what I said he was to answer.
Mr. Reece May I make a statement, my lord? In support of the application, which is regulated by the Common Law Procedure, it was necessary for the defendants to file an affidavit specifying some particular document in the plaintiff's possession, and to the production of which defendants were entitled for the pur- poses of discovery or otherwise. They were ordered to file another affidavit, and my duty was to negative the possession of the particular documents specified in the affidavit,
His Lordship-That is what I say. Mr. Reece No order was made for discovery for the particular document in the possession of the plaintiff. If discovery was to be granted it was necessary that some particular document should be specified.
His Lordship-I tell you I made an order for a further affidavit, and my answer is as I have told
you. That is any opinion. It was not an order exactly; it was an interim order.
Mr. Reece referred his Lordship to the opinion of the late Master of the Rolls, who, in his book on Discovery said that one party was not compelled to give discovery of evidence in his case, as the other side would be given an enormous advantage. Mr. Reece, continuing, said I was not bound to show my hand. My reason for not producing this document, which I was not bound to produce, is that, from my own experience, I know that a promissory note with a chop attached, if shown to the other side, gives an opportunity to that side to go and manufacture another chop at once.
His Lordship-I think you may leave the matter here. No order was made for the produc. tion, and in my opinion you answered the
affidavit.
Mr. Reece After that expression of opinion I think Mr. Francis ought to withdraw his
statements.
THE STRANDING OF THE
"BELGIC"
SECOND OFFICER, DROWNED.
Writing on Tuesday morning, 11th inst., the Japan Advertiser said that though the reports were more favourable than the previous day as
[September 26, 1895.
Walker ordered a boat to go ashore and telegraph the office at Yokohama. While this boat was being launched, Mr. Beckman, the second officer, somehow lost his balance and fell into the sea, where he was swept away by the current in a moment. No other casualties are reported.
The Belgic's cabin passengers were taken” safely to Yokohama last Monday night on the tug Restless, which also took up the mails and specie that the stranded steamer carried. She also took up the pleasant tidings that the vessel was not in such a hopeless plight as the first despatches led many to believe. She is not spitted on the rocks at or near the Mela Lodge as was believed, but is reported to be lying on a sandy beach and with so far no holes in her bottom. The most strenuous efforts are being made to float her, and she will possibly be got off all right.
Mr. Howard secured the services of the N. Y. K. steamship Hokkai Maru, in which he and several other gentlemen set forth in quest of the Belgio shortly before 1 p.m. on Monday. At the same time an effort was made to charter the steamship Amaranth and despatch her to the stranded vessel's assistance to tow her off if pos sible, but Captain Clift explained that his boilers were cold and his engines being cleaned up, 80 that he could not pos sibly leave until Tuesday at daylight. This being so the Carmarthenshire, which had nearly finished discharging her cargo, and had steam up ready to leave on Tuesday morning, was secured. She was to have left at 3.30 p.m., but her steam windlass gear broke when it was most wanted, and it was 1 o'clock Tuesday morning before she got away. Lloyd's surveyor, Captain J. J. Efford, went down the bay on her. She probably arrived at the Belgic by 5 or 6
clock and may now be essaying to tow her off with the assistance of the Hokkai Maru and Seirio Maru which followed her an hour later, as well as whatever other craft may be in the vicinity...
The Kobe correspondent of the N. C. Daily —The News, writing on the 10th inst., says: stranding of this well-known O. & O. Pacific ocean liner is the chief topic of interest here at the moment, and thanks to the fact that the Empress of Japan called at the scene on the way down from Yokohama, I am in a position to give you some important particulars. First, the Belgie went ashore at 8.20 p.m. on Sunday last; second, the position of the disaster is not Susaki (at the entrance of Uraga Channel) as stated in my telegram to the NC. Daily News, but 2 miles north of Mela Ledge third, there was loss of life unfortunately. The ship is ashore (broadside on practically just now) inside Mela Ledge, which I understand forms a protection from the south-easterly winds
now the prevailing winds. This is an import- ant point, as it lies at the bottom of the sanguine expectations held by experienced shipmasters and others of the vessel's chances of being re- floated. The precise circumstances of the accident are not yet known, but so far as I can learn the weather was not altogether favourable, although it is said Noshima Light had been safely picked up. Accounts differ as to the weather. Some reports mention foggy weather; other reports say there was neither storm nor fog. For my own part I am inclined to support the idea that the ship was set
produce certain books and other documents to far as concerns the vessel herself, it was known by an exceptionally strong current (it will
which I am entitled to a discovery, and which I believe are in possession of the said plaintiff if the plaintiff's claim is a bona fide one." That affidavit was not considered sufficient, and
Mr. Reece-No document was specified. Mr. Francis-Another affidavit was made and it contained the sentence, "I believe the plain- tiff to have in his possession a loan book, a cash book, and documents which relate to the matters in dispute in these suits and for the production of which I am entitled.” I submit that an
affidavit like this, drawn by a solicitor and filed in support of an application for discovery is suf- ficient. In fact, in omitting to take any notice of it Mr. Reece deliberately deceived the Court. Mr. Reece I must protest-really I must protest against this.
Mr. Francis Mr. Reece knew he had in his hands a document in respect of which the application for a discovery had
that the stranding of the Belgic had been attended by at least one fatality, the second officer, Mr. Beckman, being swept away and drowned while attempting to launch a boat in which to go ashore after the vessel stranded on Sunday evening.
The Belgic grounded at 8.30 p.m. A heavy sea was running at the time, the wind was blowing hard, and the current running with tremendous speed. She had passed the Mela Ledge to most dangerous point near the en- trance to the gulf-in safety; but was carried on shore by wind and current at a point a little farther west, about four miles east of Sunosaki No one felt the first touch of the vessel on the sand; but a moment after she grounded a wave swept over her, and after that she bumped a few times. This was within a stone's throw of the shore. When it was seen that the ship was hopelessly aground Captain
be remembered that the N.Y.K. steamer Tokio Maru went ashore at or very near the same spot). This much is certain, the captain is one of the most careful navigators in these waters and has been signally free from accidents during the many years he has been running to and fro on the Pacific Ocean. He was just com- pleting his forty-ninth voyage across the Ocean when the disaster occurred. The ship had made an excellent run across from San Fran- cisco Immediately the ship struck the second officer was ordered away in one of the boats. In lowering it or in getting away from the ship's side an accident occurred which cost the second officer and the whole boat's crew (Chi- nese) their lives, so far as is known at present. I say this because some parties cherish the hope that some of the unfortunate men reached the shore. The boat was subsequently recovered smashed in. This deplorable accident happened on Sunday night. Up till yesterday (Monday)
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