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THE HONGKONG. WEEKLY PRESS AND
report on the file showing that in consequence of the debtor leaving the colony without per- mission it was not possible to carry out the scheme. There was also an affidavit by Mr. Herbert Price.
Whot
a imprudently gone out were killed near Mariquina, a few hours' drive from Manila.
heir names were Morritz and Chofré.
province of Batangas a number of who had intended joining their fellow bels in the province of Cavite, finding all the ads closely guarded, determined to make rising in their own province. A body of about one thousand, while trying to cross the river Pansipit, are said to have been dispersed by a body of troops who were engaged in con- structing a fort there. On this news being received at Manila more troops were sent up.
A telegram received from Taal on the evening of the 28th stated that General Jaramillo, with 260 men, had defeated a rebel force of 1,600, near the Pansipit, killing 61, wounding many, and completely dispersing them. The loyal force had only two three wounded.
Near Bilog, also in Batangas, Colonel Pazos with a small force defeated and dispersed a rebel band of about a thousand, 18 of the latter being killed, while on the Spanish side the loss was wounded
Nasagbu, Pedro Roxas' estate, which, as already reported, was occupied by the rebels, who were afterwards dislodged, has now been abandoned by the Government forces, avery- thing that could be of use to the rebels being destroyed.
From the Comercio we learn that a conspiracy was discovered at Jolo (Sooloo) in the 68th Regiment of native troops and on the 18th October nine men were shot.
B
On the 29th October a hundred persons con. victed of connection with the rebellion were shipped from Manila by the steamer Isla de Luzon for the African colonies.
SUPREME COURT.
27th October.
CRIMINAL SESSIONS.
BEFORE HIS HONOUR DR. CARRINGTOM (CHIEF JUSTICE.)
THE CAUSEWAY BAY MURDER.
The trial was resumed of Wong Chuen Shun, who was charged with the murder of Chui Tsui Sau on the 19th September last at Causeway Bay.
At the conclusion of the case for the prosecu- tion Mr. Melbourne addressed the jury on behalf of the defence and contended that both the murdered men were killed by the man who There was was found guilty on Saturday. absolutely no evidence to show that the prisoner took any part in the affray and counsel appealed to the jury to return a verdict of not guilty!
The Acting Attorney-General replied on behalf of the Crown and pointed out that two witnesses had sworn that they saw the prisoner stab the deceased. Was it likely that they would concoct a story and come to court to swear away the prisoner's life P
His Lordship summed up and asked the jury to free themselves of any impressions they may have formed from what they had heard or might and not to allow the result of the first trial to weigh with them in any way whatever. His Lordship then reviewed the evidence and fully explained the law on the case.
The jury retired at 4.05 and at 4.30 returned a verdict of not guilty and the prisoner was discharged.
This concluded the business of the sessions.
29th October.
IN BANKRUPTCY.
BEFORE HIS HONOUR DE. Carrington (CHIEF JUSTICE.)
tween:
BE FRANK WAPSHARE WATTE. A Seth (Official Receiver) made an ication to adjudge the debtor a bankrupt to annul" a scheme of arrangement come debtor and his creditors. Mr. for the debtor Receiver, who is trustee to the, the application was made under section 18 of the Bankruptcy three reditors. There was
Ordinance
Mr. Grist I have not seen the affidavit, The only paper I have seen is a notice signed by Hall and Holtz by their attorney, J. P. Cottam; John Dewar and Sons, Limited, by their attorney, Herbert Price; and Gande, Price and Co. That notice was posted to Wuchowfu to Mr. Watts on or about 28th September and it calls upon him to appear before your Lordship to-day, when they would apply for him to be adjudged bankrupt and for the scheme of arrangement approved by the Court on the 16th July last to be annulled on the ground that the same cannot proceed without injustice and undue delay to the creditors. Now, so far as I have any knowledge of the matter at the present time, there is no ground whatsoever for that allegation. It is for those gentlemen who have signed this notice and who are making this application to show to your Lordship that the scheme cannot proceed, because it would cause injustice and undue delay to the creditors. His Lordship-I will hear your argument later.
Mr. Herbert Price was then called and examined by the Official Receiver. He said-I am a creditor in the estate and also one of the As a member of Committee of Inspection, that Committee I wrote to the Official Receiver stating that it would not be possible to carry out the scheme without undue delay and in- justice to the creditors. In the first place the debtor left the colony and we could not get any advice or assistance from him in realising the estate. I am therefore of opinion that be- cause the debtor left the colony without in any way intimating to me his intention of going and also because of the uncertainty of his return it would be practically impossible for me to carry out the scheme of arrangement.
A
His Lordship-He did not give you notice that he was going to leave?
Witness-He did about thirty-six hours after he had left the colony. I was told he left the colony on Saturday night and I received a letter from him about noon on Monday.
What reason did he give for leaving -He stated that he had employment which would occupy him about a fortnight, and he would then return to the colony.
Mr. Grist-You attended at both meetings of creditors when this scheme was proposed f
Witness-I was not at the first.
You were at the second at which the scheme was confirmed P-Yes.
And the matter was fully discussed ?—It was. You know that the arrangement was that the estate should be wound up in the same way as it would have been wound up if Mr. Watts had been adjudicated a bankrupt? Yes.
Can you say what injustice that would cause to any creditor-how that scheme would prejudice any creditor? You see, my Lord, this is an application to annul a scheme of arrangement and it has to be shown that that particular scheme is unjust.
His Lordship-I think you had better ge on with your cross-examination.
Mr. Grist How can that soheme work an in- justice to any creditor P
Witness-I understand that had the debtor been a bankrupt the Court could have compelled him to give us the information we require. In the present instance he has refused to give us information and he told us he had not the time.
Did you yourself ask him for that informa- tion I asked him for the compradore's state- ment of his account with the debtor. We con- sidered that was the most important part of the
case.
Does the compradore appear on this state- ment of affairs ?—He does not.
THA
ruptcy wished to proposed Watts gave us that the compr
As a matter
Novembe
that there was onl between Mr. Watt: was in respect of a was not. Mr. Watts produce the compradore' compradore was away at the be impossible for him to giv unless he saw the compradore
That is to say, he evidently had no compradore's statement P- no account with the c
compra it was for the compradore to fürmch to him, and he has no means, I ju books, of saying whether those acco correct or not.
2
As a matter of fact, he had no accom the compradore? He had no accounta books.
the
Did you not know that the only, outsta item was the iron contract ?—I did not. Wo did not hear about this contract until days before the debtor left, and our information did not come from the debtor
Your information as regards that came from Mr. Seth P-I cannot answer that. It either came from Mr. Seth or from the Chartered Bank.
Did you not know that Mr. Seth himself, trustee in the matter, had in his hands thre four weeks previous to Mr. Watts's de the documents relating to that, security also to the iron contract? Not the contract, no.
iron
As a matter of fact I sent them. However you did not know whether Mr. Seth had them or not? I did not.
When you asked for the compradore's state- ment, did you not understand from Mr. Watta that he had not got it and that he had to see the compradore before he could furnish you with it ?—I did not.
He did not refuse ?—He told me he had not time to prepare it.
And that he would see the compradore No, be said nothing about seeing the compradore.
You had an inspection of all the debtor's books, had you not P--Yes.
From the books you could tell what accounts were outstanding ?—I did not consider it was our business as Committee of Inspection to We were not there as examine his books. auditors.
You did not examine his books?—Not as an auditor.
And you cannot say whether it could have been ascertained from these books what the compradore's account would be ?--I asked the
debtor to ascertain and he refused.
Well, take it he did refuse. How is that going to make the scheme unjust to the cre- ditors? What benefit would you have had by knowing what the compradore's account was If the compradore has had money out of the estate we should know all about it.
You have filed in this Court a complete state- ment of affairs 7-As represented by the debtor.
You asked the debtor for further informa tion and he referred you to the statement of affairs which had been filed ?-Ho did not
had
would
Can you tell me in what respect, if got information from the compradore - or through the compradore's account.” have benefited the creditora in any We cannot say that, the debtor himse not say I consider that the comp statement is one of the most importa in commission firms..?
Are you a commission agent Tam was at one time
How could the debtor have benefited estate by remaining in the colony F as the information we required with
to the estate.
Can you show any in formation which
What information do you propose to get out of this compradore's account?—I believe it is a rule out here for commission houses to do all their business through a compradore. He collects the money and sometimes pays into | estate ? I cannot the bank and sometimes to the firm. I may say the reason we wanted the compradores – You hêvovan account was that, when he was engaged he Bank in respect. placed security. the extent of $10,000 I told you &, few minutes.
2.
have not yet got
could