July 30, 1898.]
ever she had done or left undone provided the Powan did not do something she ought to have done. Great stress was laid on this point by counsel for the Appellants and numerous cases were cited. It is clear from the judgment of the Court below, which is not appealed from, that the Powan was not navigated with seaman like skill, yet holding as I have done that the conduct of those in charge of the Kwanglee also showed a want of reasonable and seamanlike skill, it seems to me that if this argument is carried as far as the Appellants contend it ought to be, it would be a very difficult thing to find both vessels to blame under any circumstances However, I am of opinion that the absence of a stern light and the obscuration of the green light and the failure of the quartermaster to make any signals prevented those on board the Powan from seeing the unlighted stern of the Kwanglee projecting into the fairway (which projection they had no reason to expect) until the collision was inevitable. I therefore am of opinion that the Kwanglee is partly to blame, and that this appeal should be dismissed with costs.
Alfred G. Wise, 26th July.
P.J.
IN SUMMARY JURISDICTION,
BEFORE MR. JUSTICE WISE (PUISNE JUDGE.)
CHAIM AGAINST A CONTRACTOR, W. Danby, architect, sought to recover. from Ip Pui Shang, contractor, Hollywood Road, certain plans and other documents, or their value, $100.
Mr. Looker appeared for plaintiff and Mr. Gedge for defendant.
Mr. Looker said this action arose out of a building contract made between defendant and Joseph R. Michael, defendant agreeing th erect to the satisfaction of William Danby eight dwelling houses on inland lots Nos. 1,390 and 1,391, Kennedy Road. By the contract, with which drawings, specifications, etc., were incorporated in the usual manner, these eight houses were to be built on or before the 1st day of June, 1899, it being further provided that four of them were to be completed by the 10th of February, 1899. It was also provided that on the completion of the contract the specifications, drawings, etc., should be returned in good order to the en- gineer. The contractor was instructed to commence to build four houses to begin with, being informed that he would receive notice when to go on with the others, but he objected to this, wishing to build the whole eight at once As the result negotiations took place between plaintiff and defendant which ended in the contract being lot to another man. Defen- dant had been repeatedly asked for the plans, etc., but had refused to return them.
On the suggestion of his Lordship the case was withdrawn, an arrangement being come to between the parties whereby defendant returned the plans to plaintiff and retained copies of the specifications, etc.
SPANISH-AMERICAN WAR. THE AMERICAN TROOPS AT CAVITE.
[FROM OUR CORRESPONDENT WITH THE AMERICAN FLEET.]
Manila Bay, 17th July. The second expedition under General Green has arrived. The China, carrying the General and the 1st Colorado Regiment of 1,050 men under Col. Irving Hale, the companies of the 18 U.S. infantry of regulars, Battery B of Utah artillery, and a detachment of regular engineers from Willett's Point, New York, making in all about 1,300 men, came into the bay on Saturday afternoon and anchored at 3 30 o'clock. She met the Boston, which had been sent out to welcome the transports, near the upper end of Luzon, and on being told that everything was all right, came ahead at full speed and made Manila Bay about 12 hours before the Boston arrived with the Zealandia, Colon, and Senator this (Sun- day) morning. The total number of men in this second expedition is over 3,500, which makes the army strength in the Philippines
CHINA OVERLAND TRADE REPORT.
now over 6,000. With the 6,000 more due here in another ten weeks the entire force will ap. proximate 12,000. These 12,000 are first class men and will give a good account of themselves in battle. A considerable portion of these are volunteers, but they are going at their work like veterans and show no signs of hesitancy in preparing for actual fighting. If any fun. is poked at the American troops here, it should be done before there is an actual combat between them and the enemy. Unless I am greatly mistaken, when the fighting is over jokes will not be in order but terms of praise of the bravery and skill. This is not said because I am prejudiced in the favour of the soldiers, but because I have seen enough of men to be a fair judge of their quality. No doubt it would be better if all were regulars, but not being such, they are, however, destined soon to be, unless all signs fail.
When the China, which everybody in Hong- kong knows so well, came up alongside the other ships anchored off Cavite, she was greeted with round after round of cheers, which were re- tnrued with much vigour. Again when the Colon, Senator, and Zealandia steamed through the squadron this morning to the designated anchorages every naval vessel passed gare them a welcome they will not soon forget. What with the cheering and bands playing there was abundant evidence that the arrival of the troops was an event not to be overlooked.
General Green has made his calls on Admiral Dewey and General Andersen and the latter have reciprocated.
On the Zealandia is the 10th Pennsylvania Regiment of Volunteers of about 800 men com- manded by Colonel Hawkins. With them is Battery A Utah Artillery. These Pennsylvania boys pride themselves on perpetuating the good name won by the famous 10th Regiment that among others represented the State so well in the Civil War.
On the Senator is the 1st Nebraska regiraent of volunteers commanded by Colonel John P. Bratt. They number almost an even thousand men. With them are the famons Thureton Rifles, the crack company which won the na tional competition last year and a prize of $5,000 for drilling, markmanship, and general efficiency. They are commanded by Captain Taylor.
On the Colon is a fine body of Regulars, in- cluding two companies of the 18th Infantry, 4 companies of the 23rd Infantry, and a Battery of Light Artillery. Colonel Bailey is in com- mand.
On the whole the health of the men has been
excellent all the way from San Francisco, and for the greater part of the journey the sea was quite smooth. No storms were encountered.
Four men died en route. Among these waS Lieutenant Jacob H. G. Lazelie, of the 18th In- fantry, a graduate of West Point and a son of Colonel Lazelle, retired, of the U.S. Army. He was a victim of measles combined with menin- gitis. He died July 12th but his body was om- balmed and brought to Manila, where he will be buried with military honours. Another death was that of Elener B. Maddox, Co. B. 18 infantry, who suffered from a similar illness. These two men were regulars. Two volunteers also died, Sergeant George L. Geddes, of Co. C., 1st Regiment Nebraska, and Walter W. Wise, a member of the Colorado band. The former was a victim of spinal meningitis and the latter of pneumonia. I mention these particulars be cause when anyone dies, the qstion is invariably asked who he was and what was the matter, even if the questioner has no particular interest.
This group of transports left San Francisco June 15th, and Honolulu the 25th. The China could have made Manila Bay sooner but could not leave the other vessels, which are slower. When they left Honolulu, the Monterey with the collier Bratus was to start the following day. She should reach Manila in another week and will be closely followed by the Monadnock. these two fighting craft arrive Admiral Dewey will have nine vessels capable of going into battle aside from the little Callao and the Manila, which have both been fitted with guns.
When
Yesterday General Andersen with several staff officers made a trip to Malabon, north of Manila, so that he could personally see the conformation of the land. Already the officers of the staff as well as some from the California and Oregon regiments have made reconnais-
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ances all about Manila. It did not take the Americans long to become acquainted with the environs of the city. By this time they know where every Spanish trench is located and have even made maps showing the wooded and clear land. The Spaniards may not be used to such methods, but it is Yankee enterprise.
A large battalion of the California regiment is already at Paranaque and by the time this. letter published there will be not less than five thousand men within a few hours march of the heart of Manila. The officers cannot give the forward order any too soon for the rank and file,
It may seem strange to some that there has been so much delay in taking Manila, but those who criticise should remember that if Admiral Dewey would resort to bombarding, which might mean the destruction of British, German, French, Japanese, and native property as well as Spanish, he could capture the city to-day, but he desires to effect its surrender with as little loss as possible to all concerned. Again, it would be disastrous to proceed without suffic- ient men to make sure of victory by land and of policing the town. He has the meu now and it will not be long before Manila must capitulate. or yield unconditionally.
The insurgents are working closer and closer towards the inner limits of Manila and are suffering no serious reverses. There has been days. Yesterday evening there was a long period very sharp fighting near Malate the last few of firing during which the Spaniards used mortars as well as field guns to shell the insur- gent lines, but all their firing seemed to have no effect. General Aguinaldo's new headquarters at Bakor suit him better than those at Cavite and he says that his forces do better when he is
near them.
Admiral Dewey is not troubled any longer about his coal supply. A few days ago the ship Ellen A. Read, of Yarmonth, Nova Scotia, arrived from Newcastle, New South Wales, with 2,610 tons of coals aboard, while the next day came the steamer Nyanza from the same place with over 5,000 tons of coals. Both are British vessels. The Admiral now has at his disposal over 10,000 tons of good coal and need not
worry about getting the supply in Manila.
Cavite Bay presents a wonderfully busy ap- pearance. Counting warships, transports, and colliers there are nearly 25 anchored off Cavite included there is more tonnage than ever before point. If the foreign fleet off Manila is
in Manila Bay.
The Germans have been quieter of late. Perhaps discretion is the better part of their valour at last. The excitement over the Subig inoident is concluded.
The Japanese man-of-war Naniwa has just arrived. The Wuotan leaves to-morrow morning early with the mail.
The situation is quiet but full of possibilities.
LATER.
Since writing the first part of my letter the glorious news has come of Sampson's great victory off Santiago. What enthusiasm! What cheers! The jollification on the American men-of-war almost equalled that after the decisive combat of May 1st. As soon as Ad. miral Dewey had read his telegrams he ordered Lieutenant Rees, executive officer, to call the men to quarter and read to them the splendid news. Hardly had the Lieutenant concluded reading where a cheer broke forth that ought to have been heard in Manila. Then the news was passed on to the other vessels, including the transports, and the shouts of thousands of men told well their feelings. I personally called on the Admiral to learn his views of the result of Santiago and found him surrounded by his captains rejoicing over the telegrams. He was as much pleased as if it were another victory of his own and did not begrudge Sampson any of his honours. He commented on the similarity of the battle off Santiago to that in Manila Bay in the ineffectiveness of Spanish fire, the scuttling and burning of ships, and the small loss of life on the American side. Wible everybody here agrees that the victory of Sampson was a great one, no one concedes that it in any way surpasses the splendid triumph of Admiral Dewey on May 1st.
Naturally the question arises; what effect on the situation here has this news of the Santiago battle and the rumoured return of the Spanish