"
382
SUPREME COURT,
9th May.
IN ORIGINAL JURISDICTION.
THE HONGKONG WEEKLY PRESS AND
Canton, where defendant gave a promissory note. Defendant was in the habit of coming to Hongkong periodically to do business. He was in the colony only three weeks ago, and he could very well have come into court and defended that action.
Plaintiff and Lan Tsy Sui having given BEFORE SIR JOHN CARRINGTON (CHIFF evidence, his Lordship gave judgment for
JUSTICE.)
THE ON FAT WING V. A, R. MARTY. In this case plaintiff sued defendant for 81,775 damages for loss of ten tins of aniseed shipped on the Hailan.
Mr. J. J. Franois (instructed by Messrs. Wilkinson and Grist) appeared for plaintiff and Mr Slade (instructed by Messrs. Deacon and Hastings) for defendant.
Mr. Francis said he was in this unfortunate position. He had to ask his Lordship for an adjournment because his two principal witnesses -both Chinese--had left the colony sick. They were afraid, he was told, of being attacked by the plague and did not want to trust themselves to the tender mercies of European doctors.
The Chief Justice-I am afraid if it is plague
you may never get them.
Mr. Francis They are simply frightened. The Chief Justice-I thought you said they had the plague.
plaintiff with costs.
May 12th.
IN APPELLATE JURISDICTION.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE) AND MR. JUSTICE WISE (PUISNE JUDGE.)
MANA SINGH V. YEUNG KAU.
This was an application for leave to appeal against the decision of Mr. Justice Wise, sitting in summary jurisdiction of the Court, in the suit Mana Siugh v. Yeung Kan, in which plaintiff claimed from defendant (appellant) the sum of $590, principal and interest due on a promissory note dated 29th January, 1891. girou by defendant to one Yeung San, and endorsed to the plaintiff.
Mr. Francis, Q.C. (instructed by Mr. Eweus) Mr. Francis-Oh no. So far as I can under- appeared for appellant and Mr. Pollock (in stand there are hundreds of middle-class China-structed by Messrs. Wilkinson and Grist) for men who are leaving out of fear. Your lordship plaintiff. has had an affidavit from plaintiffs with regard to these two witnesses. I understand from my friend that he cannot very well accede to au adjournment. I am quite prepared that the evidence should be taken de bene esse.
Mr. Slade-My witnesses are now in port on the Hailan and the Hanoi, and on that account I asked that this day should be fixed for the hearing of the case. Of course I cannot possibly consent to any adjournment, because we prob- ably cannot get the ships together again for a month or more. I do not wish to cast any reflection on the Chinese witnesses whom my learned friend was going to call, but your lordship will have had experience of the way Chinese evidence is made to fit a case, and it is clearly impossible for me to consent to have my witnesses cross-examined before the evidence of plaintiff is before the court. All I can do is to leave the case in your lordship's hands. We had only notice of the matter this morning. Mr. Francis said he would not have sug- gested the taking of his witnesses' evidence de bene esse had Mr. Slade not first suggested it to him, but he quite understood his friend's objection; it was a perfectly reasonable one.
The Chief Justice said this affidavit made it appear that the Chinese were ill.
Mr. Francis-I fancy they must have some slight fever and got frightened.
The Chief Justice-I think an order must be made for an adjournment; can you suggest
a time ?
Mr. Francis said he could not suggest a time. It might be two or three months before his witnesses returned. They were quite prepared to bring the case forward as quickly as possible the moment they got their witnesses.
Mr. Slade said he believed they might come to some arrangement, Supposing his learned friend got his witnesses together and they got one of their ships in the case might be heard, and then when the other ship came in the other evidence could be taken.
The Chief Justice-That is a matter you may arrange between yourselves, and if you cannot arrange it the court will assist yon.
On this nuderstanding the case was adjourned,
11th May.
CLAIM ON A PROMISSORY NOTE, Mr. Melbourne, said he was instructed by Mr. Ho Wyson. Plaintiff was Chin Tau Woon, of 11, Aberdeen Street, and defendant Lam Koon Sang, of Canton. The claim was for Tls. 1,699, principal and interest due on a promissory note dated August 1st, 1897. Defendant was out of the colony in Canton and they got leave to proceed ex parte, the writ being served on defendant personally at Canton. The money was paid on behalf of defendant to Lan Tsy Sui, accountant, who gave a receipt for it, subsequently taking it to defendant at
Mr. Francis said that at the trial at the Sum- mary Court the defence was raised that defend. ant was an infant of the age of 16 or 17 years, and that by law he could not contract and that he could not make or give a good promissory note, and the court decided that under the provisions of the existing Summary Juris- diction Ordinance 14 of 1873, section 11. infancy and the consequences arising in point of law from it could not he set up by way of defence, and the judgment of the Supreme Court given March 26th, 1895, in the case of Tang Kit Shang . Ng Pak To was relied upon by the court as an authority. In the first place he submitted that the case relied upon was bad law and ought to be reversed- bad in all respects. This case differed totally in its facts from the point which was really decided by the full court in the case of Tang Kit Shang v. Ng Pak To. In the latter case the claim was for money lent uot on a promis- sory note, but for a simple amount lent without interest, and the person who sned was the person who had lent the money, Therefore going the fullest extent that was required by the nature of the case that judgment only amounted to a deci. sion that a party who lent money to an infant could sue the infant for it, infancy being no de- feuce; but in this case a totally different question arose. The infant was sued not by the person from whom he borrowed the money or to whom he gave the promissory note. The promissory
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| May 14, 1898.
THE NAVAL BATILE OFF
MANILA.
GRAPHIC DESCRIPTION BY A COMBATTANT.
WHY THE AMERICANS CUT THE CABLE.
THE LAST MESSAGE.·
THE BAD SHOOTING OF THE SPANIARDS.
9th May.
The unexpected delay in the arrival of the despatch boat from the American squadron had
caused all sorts of rumours to get abroad. Some
said she had been captured by a Spanish vessel, others that the Spanish defeat had not been so complete as was at first anticipated and that in consequence Commodore Dewey did not think it safe to send away a vessel by herself for fear she might be captured by some of a flest which it was thought had been dispersed rather than destroyed. Consequently it had come to be pretty generally thought that he was ing his despatches by the British steamer Esmeralda, which was expected to arrive at Hongkong on Saturday.
send-
At half-past one in the afternoon of Satur- day, however, all these calculations were up- set by the news that the Hugh McCulloch had been sighted in Lyeemun Pass, and shortly afterwards the dull
grey hull of
the
cruiser revenue
was seen riding at anchor in the harbour. Naturally she was the object of great curiosity. She was at once beseiged by persons anxious to know the details of the operations in the Philippines, but for the time being no information was forthcoming, the interrogators being courteously but at the same time firmly told that nothing could be divulged by Captain Hodgson until later on in the day.
other The fountain-head being thus closed to him our representative looked round for some means of obtaining what he wanted, and was fortunate enough to meet with one of the officers of the McCulloch who gave him a most graphic description of what had occurred since the American Squadron steamed out of Mirs Bay on Wednesday afternoon, April 27th. It will be observed that practically the whole of the fighting took place on Sunday last, the principal struggle taking place in the Bay of Cavite, where the Spanish fleet was anchored. The latter, which numbered 14 vessels, includ ing four gunboats, made a stout resistance, but owing to their wretched firing they made but little impression on their assailants, and shortly after noon they had been practically annihi- lated, having about 1,000 men killed and wounded, while the Americans had not a single fatality, their ships also suffering no damage worth men- tioning.
We The Chief Justice-I think the best plan
Said our representative's informant steered straight for the Philippines, and as we will be to serve notice of motion on the other side and let it be argued at once-once and for approached the coast the Baltimore, the Boston all. In other words, there will be one argu-and the Concord were told off to go on in front ment instead of two.
note on which he was sued was not made in favour of plaintiff but in favour of Yeung San, another infant, by whom it was endorsed to plaintiff.
The Chief Justice-We think you may serve notice on the other side. We won't trouble you further.
Mr. Francis-That is, your Lordships give me a rule nisi direct?
The hearing of the appeal was fixed for Mon-
day next,
ANTI-FOREIGN RIOT AT SHASI,
FOREIGN AND CHINESE PROPERTY DESTROYED.
[SPECIAL TELEGRAM TO THE “DAILY PRESS."
SHANGHAI, 10th May.
A riot occurred at Shasi yesterday. The China Merchants' Offices and hulk, the Custom House, the British Consulate, and Messrs. Jardine Matheson & Co.'s premises were burnt.'
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to see if they could discover anything of the enemy. No enemy, however, was visible, but in Subic Bay we came across a couple of small schooners whose occupants were ques- tioned as to the whereabouts of the Spanish fleet, but without result, they professing even not to know where Manila was.
It was about six o'clock on Saturday evening when we left Subic Bay. We expected sighting the Spainards every moment and accordingly steamed slowly along; a sharp look-out was kept, and everything was ready for action. Still nothing bove in sight, and late in the evening we arrived outside Manila Bay entering the broad channel in regular bat- tle order. The Spaniards soon detected us, [Shasi is one of the ports opened to foreign and we anticipated their opening fire at trade under the Japanese treaty of 1895. It is once from the batteries on Corregidor Is situated on the Yangtsze about eighty-five | land. The first line, however, had got well into the channel when the vessels in the rear, miles below Ichang.