Mr. Gedge briefly stated the case. The head boy at Mr. Kennedy's stables said he remembered a pony and trap being lent to defendant at about 5 p.m.. on the 1st instant. Witness put the pony into the trap. Both the pony and trap were then in good condition. When they returned at 8.45 p.m. the trap was spoiled, a wheel, the shafts, and the splash- board being broken, and the pony, which was bleeding at both knees, could not stand pro- perly.
In reply to Mr. Slade, witness said the pony went out frequently, though it was not out the day before the accident occurred,
Another boy in Mr. Kennedy's employ said he harnessed the pony and accompanied defend. ant, the latter driving. They went as far as the Plague Hospital and returned along the Praya. When near the Central Market they collided with a 'ricksha The 'ricksha coolie ran after them bat he could not
catch them. "They then drove to Bay View Hotel, where defendant picked up lady. They went as far as Quarry Bay and then returned along the Praya. When near the Commissariat Department the horse jumped twice and then tumbled, witness and the others being thrown out. Two Englishmen who were passing asked if the horse belonged to Mr. Ken- nedy. He said yes, and they helped the horse up. The horse, which was injured about the knees, could only walk slowly and unsteadily. The trap was left behind and witness took the horse back to the stable, returning with a foki for the trap.
Replying to Mr. Slade, witness said that in the first instance they went to Lyndhurst Ter- race and then to the Praya. He led the horse to the latter place.
THE HONGKONG WEEKLY PRESS AND
L. A. da Silva, clerk for Mr. Kennedy, having given evidence as to the condition of the horse and trap when returned to the stables,
Plaintiff said he saw defendant at six o'clock on the evening in question, and he was whip- ping the pony and pulling it up.
This concluded plaintiff's case.
Mr. Slade said the case for the defence was simply an absence of negligence. The case against defendant was that he drove the pony to a standstill, and that in conse- quence the pony fell down. The other side had endeavoured to prove that defendant drove in a reckless manner and so exhausted the pony that it fell. His lordship knew that ac- cording to law the hirer of a horse and trap was not responsible for accidents-only for ac- cidents through negligence on his part. The other side said defendant was driving recklessly when the pony fell. The fact was that on lear- ing the stables defendant went up to Lyndhurst Terrace, walked the horse quietly down to the Praya, and then returned to Lyndhurst Terrace, the collision with the 'ricksha taking place in the meantime. On leaving Lyndhurst Terrace a second lime defendant drove to the Bay View Hotel. Here he picked up a lady. They drove forward a little and then returned. Two friends on bicycles had caught up to them at the time of the accident and saw what took place, and they would say that the pony was not being driven recklessly.
Defendant gave evidence in corroboration of the statement of his counsel, and called a couple of witnesses.
His Lordship gave judgment for plaintiff with costs, the amount of damages to be referred to the Registrar.
21st July.
IN BANKRUPTCY JURISDICTION.
BEFORE SIR JOHN CARRINGTon (Chef JUSTICE).
RE T8OI TEZ WOON—THE RESULT OF BECOMING SECURÍTY, Tsoi Tsz Woon, formerly clerk in the employ of the late Mr. Ho Wyson, attorney, having filed his petition in bankruptcy, appeared before the court in support of the same.
Mr. Halme, debtor's solicitor, said debtor filed his own petition, but he had asked him to appear for him. The fact was he appeared to hve no debts of his own, but he became liable for certain debts of the late Mr. Ho Wyson to the amount of $2,800, or possibly with interest
to a little more. Debtor said he had about $1,000 assets. He, therefore, wished to file his petition with a view to his making some ar- rangement with his creditors.
Debtor said he was in the service of the late Mr. Ho Wyson for nine years, and his creditors were creditors whom he secured on behalf of his late employer by giving promissory notes. At first he was security for about $5,000 but the sum had been reduced to about $2,300.
His salary was $25 a mouth and 15 per cent | commission on the business he brought. About $75 was due to him from the estate for salaries unpaid, and he had debts amounting to about $816 due to him. They were all good debts.
The application was granted and Mr. Bruce Shepherd was constituted the receiver of the estate.
RE FOOK CHEONG AND COMPANY—AN UNUSUAL APPLICATION.
Mr. Brutton appeared for the partners in the firm of Fook Cheong and Company, who petitioned for the rescinding of a receiving order made on the 26th of November, 1896, on the application of a creditor named Chan Long Kin. The public examination took place in January, 1897. It appeared debtors were not adjudicated bankrupt. About the 22nd January last they called a meeting of their creditors at which all the creditors were present. All the creditors agreed to accept a composition of 20 per cent. on their claims.
The Chief Justice-Was the Official Receiver present ?
The Official Receiver (Mr. Bruce Shepherd) -This is the first time I have heard about it; it has been done behind my back.
The Chief Justice-That is exactly what I thought from the papers.
Mr. Brutton-I do not know who was acting for debtors in the original proceedings.
The Chief Justice Mr. Ewens acted for the
petitioning creditor. Under what section do you make your application?
Mr. Brutton said he based his application on a decision of the Court in a previous case.
The Chief Justice-Not without notice and the opportunity of coming forward. You say the creditors have all agreed, but I think it must be done in regular form.
Mr. Brutton-I have the parties here who interviewed all the creditors.
The Chief Justice, however, thought notice should be served on the Official Receiver and on the creditors, and that application should be
advertised. It could then be taken next Thurs-
day. He did not say the Court would not see its way to make the order.
The application was accordingly adjourned for a week.
SPANISH-AMERICAN WAR.
ARRIVAL OF THE "CORMORAN."
A STRICTER BLOCKADE AT MANILA. THE AMERICANS AND GERMANS:
STRAINED RELATIONS.
Hongkong, 18th July. Yesterday afternoon the German cruiser Cormoran arrived in the harbour from Manila, which place she left on Friday, July 15th. Hitherto, owing to Admiral Dewey's indul- gence, we have been kept in close touch with the Philippines, vessels with the mails being allowed to come and go without let or hindrance. The Admiral having now commenced a stricter blockade, communication will be more slow, as the men-of-war will be the only means of com- munication. As we announced last week the Esmeralda, which arrived with mails from Hongkong on Sunday week, was at once ordered to return without landing the letters, no mer- chant vessels now being allowed to enter the harbour.
Apparently the relations between the Ameri- cans and the Germans at the Philippines are as strained as ever. The other day the German cruiser Irene passed Mariveles and Admiral Dewey sent the McCulloch after her, and as she did not stop when requested a shell was sent across her bows. Then a small boat was sent out to see what she wanted and what she was doing. In consequence of
·
[July 23, 1898
this the German admiral has protested and demanded that German ships should have the right to enter the harbour without bo- ing searched. Admiral Dewey, however, de- clared that according to international law they had no such right, and he should not recognise it. By-the-way, it is reported that Admiral Diederichs has questioned Captain Chichester of the Immortalite, as to what he would do in case the German squadron interfered with the- bombardment of Manila, and Captain Chiches- tor is said to have replied that only he and Ad- miral Dewey knew that.
A correspondent in Manila writes: There is great friction here between the Ameri- cans and the Germans. The latter are help- ing the Spaniards in a most open manuer. Admiral Dewey has told them that if this continues there will be war between the two nations. This is a fact, as the English and German Consuls were discussing it openly in the English Club only last night.
5.
.
· We have come to the conclusion that the Germans do not want to help Spain out bere -they cannot afford to, as they have not a sufficiently strong navy-but merely to obtain R few pickings after it is all over here. One would think by the large fleet they have in Manila Bay at present that the German interests here must be very great. This, however, is not so, as the total German and French trade here numbers no more than two per cent, against great Britain's 80 per cent,; so it is not for that they have so many vessels here.
The Spaniards looked upon them at the beginning as their deliverers, but their opinion is changing, and the German is now not very popular here, although at one time a German could pass through the Spanish lines whereas an Englishman was refused.
"There is practically no change in the situa- tion, desultory firing takes place every night as usual, but the rebels have not made any forward
movement.
"The second batch of American troops has not arrived yet, though it is expected any day. It seems to be the intention of the Americans to bombard the city and at the same time land troops on each side at Tondo and Malateady.
General Aguinaldo has left Cavite and gone to Racoor, there being hardly sufficient room for and his followers at Cavite now that the American troops have arrived.
The Boston left the Bay on the 11th inst. to meet the second expedition.
A coal ship Helen H. Reid from the United States has provided the American Squadron with 3,500 tons of coal. The squadron has pow coal and provisions for six months. The health of the troops remains good. -
On the 14th of July the ships fired a salute in honour of France (anniversary of the taking of the Bastile),
The Cormoran is expected to return to Manila on Wednesday. She has brought to Hongkong seven Somali sailors who were on the Spanish transport Isla de Mindanao, they being natives of Aden and thus British subjects. A MË. Harrison, a German, and two Swiss refugees have also been landed here.
THE SECOND EXPEDITION FOR THE PHILIPPINES.
ARRIVED ON SUNDAY.
THE AMERICANS TAKE ANOTHER ISLAND.
AGUINALDO BECOMES RESTIVE.
CONSUL-GENERAL WILDMAN SENT FOR.
Hongkong, 22nd July. Yesterday morning the German steamer Wuotan arrived from Cavite with a cargo of flour and a number of passengers, including 20 Chinese and several Europeans. Among the latter were Mr. Frazier, the chaplain of the Olympia, who is going home, bis place being taken by Mr. Rennie, from the Baltimore, and Mr. G. A. Rathbone, General Green's private secretary, who has been sent to Hong- kong by the General for the purpose of attend- ing to his private telegrams and correspon. dence.