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THE HONGKONG WEEKLY PRESS AND
later in his evidence the defendant says that by the word site occurring in Mr. Moses' letter of the 29th April, 1896, tb Mr. Silas he meant only the portion of Lot No. 1,381 just referred to, and he again says that he applied for this lot partly for himself and partly for the community..
Mr. Danby says that the defendant, standing in Kennedy Road opposite the lots, told him, in connexion with the making of the application, that he intended to put buildings on the land, and that if the community wanted the site at the eastern corner, he would let them have it; if not, he wanted the whole lot. He also says that he and the defendunt had many conversa- tions about the utilisation of the lower lot in conjunction with the two upper lots.
There is no evidence on the other side to rebut these statements because no communica- tion took place beeween the defendant and any members of the community with reference to the circumstances of the application, either be- fore or after.it was made.
These being the circumstances of the parties at the time when Mr. Danby's letter of the 28th April, 1896, and Mr. Moses' letter of the fol- lowing day were written, let us consider what is the meaning of those letters-how would they be understood by a fair minded person, having knowledge of those circumstances ?
'
With respect to Mr. Danby's letter, it is admitted that the application was made for the land-Lot No. 1,381-in the defendant's own
name.
can be
There is no suggestion conveyed by the letter that the land was to be acquired for the use of any person or persons other than the applicaut. The "ground" is identified by being described as the site which was at one time sought to be secured for the synagogue." The description is not entirely accurate, because the area of the land applied for by the letter is some 3,000 sq. ft. mere than that of the land applied for in 1893, viz., Lots Nos. 1,216 and 1,217, but it serves well enough to indicate the land required. It also shows that the word "
site" used in a loose and ill-defined manner.
Then, as to Mr. Moses' letter of the 29th April, 1896, let us inquire how it came to be written and what is the right interpretation to be placed upon it. When examined by the light of the facts and circumstances to which 1 have referred, with which theory does it best correspond ?---with that of the plaintiffs, that the defendant applied for the land on behalf of the community, or with that of the defendant that he applied for it for himself, but with the intention, and indeed the desire, of letting the community have a portion of it for their new synagogue? Of course, on either of these theories, it would be natural and proper that a
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letter should be written to inform the com- munity of the application having been made, but the terms of it would vary according to the theory which had the better foundation in fact. It may be remarked that the words "site of the proposed synagogue do not quite accurately describe the land applied for. On the whole, I do not think the terms of the letter are entirely congruent with either of the above-mentioned theories. I should be inclined to paraphrase it something as follows: "Mr. Belilios thinks that there may be some risk if further delay takes place in applying for the land on which it was proposed to erect the new synagogue. He has there
fore taken the matter into his own hands and has instructed Mr. Danby to apply for it. He will hold it at the disposal of the community for a reasonable time. If during that time they like to take it from him, they can bave it on re-imbursing him the cost; if otherwise, he will keep it himself." The use of the word
keep" should be noted.
C
[February 19, 1898.
behalf and that he hoped the community would | The WONG-NEI-CHONG STAKES ; a sweepstakes approve and ratify his action.
What happened after the receipt of this letter is not without significance. So far as appears from the evidence,. Mr. Silas took no notice of it, nor did any other member of the community take such notice. It seems to me that if they had then thought that the defendant had applied for the land on their behalf, they would hardly have allowed the matter to pass sub-silentio. But their silence is more easily explained on the supposition that they regarded the defendant as applying for the land for himself, but proposing to give them the privilege of taking it from him within a reasonable time if they should desire to do so.
(To be continued,)
་
HONGKONG RACE MEETING,
FIRST DAY, TUESDAY, 15TH FEBRUARY.
The 1898 Hongkong race meeting opened with brighter auspices than the meeting last year. The outlook early on Tuesday morning was certainly not particularly promising, but towards eleven o'clock the air cleared and al- though the sun was obscured during most of the day the weather was fine, but the absence of any breeze made the atmosphere very sultry The private stands gaily displayed a highly picturesque assortment of flags and streamers and foliage, while the grand stand decorations consist ed principally in the bright effect produced by the presence of a very large number of nicely dressed ladies and-for the races-faultlessly attired gentlemen. Judging by the many seen yes- terday, there has been an abnormal run on tall white hats and frock coats, indicating, doubtless, an increased interest in our great sporting fixture. It is extraordinary, too, how great is the interest that the Chinese take in the races. During the past three or four days five or six thousand Chinese have arrived in the co- lony from Canton, and all day yesterday the green was swarmed with natives, who seemed to be as pleasantly excited over the racing as the people in the enclosure. During the afternoon the band of the King's Own Lancaster Re- giment played several selections of music. The police arrangements for the proper control of the heavy traffic were most efficient.
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The racing was thoroughly enjoyable, big fields, close finishes, and good times being the order of the day. Owing to the strict enforcement!} of an excellent rule the last event was over be- for darkness set in. No pony was allowed to go on to the course after the third bell, and jockeys were requested to verify their weights on the extra scales before getting weighed by the clerk of the scales. This rule saved much valuable time and consequently all the races were started almost punctually, the whole of the day's proceedings being over at 5.20. Four events were decided before tiffin, and the Derby was the second race after the usual interval. There were twelve runners and there was much speculation about the result. Plunger was by many people looked upon as the winner, but as events proved he was very easily beaten, Yenose obtaining the victory after a race which was full of interest. Contrary to his usual custom Mr. Master was not very fortunate in his mounts, scoring only one victory, but he was unfortunately suffering from fever and this circumstance no doubt ac- counts for the falling off in his record.
The following is a list of the officials
Stewards :-His Excellency Sir William Ro- binson, G.C.M.G.; His Excellency Vice Admiral Sir Alex. Buller, K.C.B.; His Ex- cellency Major-General Wilsone Black, C.B.; These two letters should be compared with Commodore S. C. Holland, R.N.,· A.D.C. ; the defendant's letter of the 3rd October, 1893, Lieut.-Colonel The O'Gorman, C.Š.O.; The making application on behalf of the Hebrew Hon. J. J. Bell-Irving; The Hon. C. P. Chater, community for Lots Nos. 1,216 and 1.217. If C.M.G.; Mr. D. Gillies; Mr. R. M. Gray; Mr. such a comparison is made a remarkable differ-M. Grote; Mr. C. F. Harton; Mr. T. Jackson; ence in the object and purpose of the letters is The Hon. F. H. May, C.M.G., and The Hon. at once apparent.
T. H. Whitehead.
I cannot help thinking that if the defendant had, on this latter occasion, applied for the land primarily for the community, Mr. Moses' letter would have been differently expressed. It would probably have referred to the risk of delay; and have stated that the defendant had not had time to obtain the sanction of the community for the step but had applied for the land on their
Clerks of Scales-Lieut. Col. The 'O'Gorman, and Mr. C. F. Harton.
Judges-Hon. C. P. Chater, and Hon, F. H. May.
Starter:-Mr. M. Grote.
2nd Starter :--Mr. D. Landale. Hon. Treasurer :-Mr. A. Coutts. Clerk of the Course Mr. T. F. Hough.
of $5 each with $100 added; second pony to receive $50; for China ponies; weight for inches as per scale; griffins on date of entry allowed 3 fbs.; subscription griffins of this season, 1897-98, allowed 7 lbs. Half a mile. Mr. John Peel's Silver Bell, 10st. 9lbs......
(Mr. Master)
Mr. Lintom's Slander, 10st 9lbs..
(Ur. Crawford)
(Mr. Wuilleumier) 3 Mr. Bobjack's Greenfinch, 11st 1lb......... (Mr. P. A. Cox)
(Mr. Burkhill)
Mr. Buxey's Red Rose, 10st 9lbs...
Mr. Boyd's Viceroy, 11st 11b..
Capt. Barney's Sport, 11st] 4lbs...
(Mr. Brütton) 0
Mr. Dryasdust's Provost Marshall, 11st‡ 11b. (Mr. Marshall)
$
Mr. Hopeful's Orinoco, 10st] 12lbs
(Mr. W. Cox) 0 Lt. Col. The O'Gorman's Morrison, 10st.
12188.
..(Capt Loveband) Q-
Mr. G. H. Potts's Tocsin, 11st. 4lbs.......
(Capt. Burney) 0
A punctual and fairly good start was made. Silver Bell was the first to come from the bunch, Viceroy being close up, with Sport and Red slight advantage on entering the straight and Rose handy. Silver Bell continued to hold a then Slander came out in beautiful style. A capital race ensued between Silver Bell and Slander, the verdict going to the former, who Viceroy, three lengths bebind, being fourth. won by a short head. Red Rose was a good third,
Time, 59 secs.
The " VICTORIA" STAKES; a sweepstakes of $10 each with $250 added; second pony to receive $50; for China ponies; weight for inches as per scale. One mile. Messrs. McKie & Gove's Roitelet, 11st. llb. (Mr. Crawford)
Mr. Dennis's Guiding Star, 11st. llb.........
1
(Mr. P. A. Cor) 2
Mr. Hopeful's Tyne (late Langkat), 11st.4lbs.
(Mr. W. Cox) 3
Mr. Dryasdust's Birkleigh, 10st. 12lbs......
Mr. Hy. Edgar's Tantivy, 11st, 1lb....
(Mr. Marshall)
(Mr. Bucknell) 0
Mr. John Peel's Kenueth, 11st. 1lb........
(Mr. Master) 0
Mr. Westfield's Desperation, 11st. 1lb......
(Capt. Burney) 0
This race was an exceedingly interesting one from start to finish. The flag fell to a good start, Tantivy, Desperation, and Tyne being the leaders with Roitelet, who was kept in re- serve, last. At the bridge Kenneth went up and got abreast of Tantivy, and towards the hill he overtook Desperation, who then fell back in the rear. Kenneth forged ahead and got a lead of a length, but ou reaching the village Roitelet came out and got into a beautiful stride, being one of the leaders on entering the straight. Kenneth was evidently beaten and fell back, the finish being left to Roitelet, Guiding Star, Tyne, and Bickleigh, all of whom rana splendid race home, Roitelet, for the second year in succession, winning by half a length; a length and a half between second and third, and half a length between third and fourth. Time, 2 mins. 54 secs.
The MAIDEN STAKES; value $400; second
pony to receive $75; third, $50; for China. ponies bond fide griffins on date of entry; weight for inches as per scale. Entrance $10. Three quarters of a mile. Mr. Buxey's Tube Rose, 11st. 4lbs...
(Mr. Wuillenmier): 1 Mr. Darius's Undaunted, 10st. 12lbs..
(Mr. Master) 2
(Mr. Marshall) 3. Mr. Beurmann's Lohengrin, 11st. llb....
(Mr. Burkhill) Mr. Bobjack's Display, 11st. 4lbs.
(Mr. P. A. Cox) Mr. David's Rubio, 11st. 1lb. (Mr. Sampson) Mr. Derick-Hunter's Fortunatus, 10st. 12lbs. (Mr. Crawford)
Mr. Dryasdust's Outpost, 11st. llb...
Mr. W. York's Backinghan, 10st. 12lbs...
(Capt. Burney) 0 - There was practically no delay at the post. Lohengrin, Fortunatus, and Display showed the way, and at the hill they were joined by Rubio,
+
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