April 7, 1900.]:
His Lordship-Mr. Pollock do you wish to say anything?
CHINA OVERLAND TRADE REPORT.
239
Mr. Robinson replied that he said the plaintiff |ANGTHER ATTACK BY PIRATES had the right to have the case submitted by the Judge to the jury.
His Lordship said it was a little late to take this point. It should have been taken when the
tire. I
Mr, Robinson-We did.
His Lordship-All you did was to ask whether the defendants proposed to call any evidence.
Mr. Robinson I expressly said I absolutely refused to accept the verdict.
ON THE WEST KIVER.
ONE MAN KILLED AND TWO WOUNDED, When the steam launch the Changaha arrived
as the result of an attack by pirates at Shek I, in the Huenshang district, on the West River, the previous evening, one of his crew had been killed, and three others wounded, but not seri- ously. The body of the murdered man was conveyed to the Mortuary.
Mr. Pollock. No, my Lord; not at this stage. Mr. Robinison remarked that the question which his friend had said was quito distinct from that of a motion to set aside a verdict and jury returned into Court and gave their verdict. in the harbour on the 2nd instant towing a a motion for a new trial was not quite so distinct Mr. Francis-When they asked leave to re-lighter the master reported to the police that as he apparently thought. The section under which the motion was made was section 67 of the Code, section 1. It was a very general pro- vision. "When a cause was tried by the court with a jury, verdict shall be recorded and judg. ment shall be entered up by the Registrar as the court shall direct." He would ask his Lordship to look at the corres- ponding clanse the Judicature Act. He submitted that the two were practically the same. The words were:-The judge shall at or after the trial direct judgment to be entered as he shall think right." Those were the words of the Judicature Aot, and he submitted that they were practically the same as the words of the Code.
His Lordship asked what was the old practice ?
Mr. Robinson-I have hardly had time to go into it.
His Lordship said that they all know that under the new rules the judge had refused to accept a verdict.
Mr. Robinson mentioned the case of Peters v. Perry.,
His Lordship-Does that turn on the con- struction of the rule ?
Mr. Robinson said he submitted confidently that the rule in the Code was framed purposely, and that the power it gave conld not be wider. It was framed at the time of the Judicature Act, when the whole matter was under discussion. If the Legislature had desired to give more general power he did not know how they would have found words to do it
His Lordship-Does it give the court power to go against the verdict of a jury?
Mr. Robinson-I submit it does. What is there in the Code to restrict it? I am not go- ing to ask the court to go against the verdict of the jury, as a matter of fact.
His Lordship-What do you ask the court to do?
Mr. Robinson-I want to show to the court as a preliminary step what I believe and what I submit are the powers of the court, and then I will deal with the question as to what the court should do with those powers.
His Lordship-What do you suggest that the Court should do.
Mr. Robinson replied that he asked the Court to enter judgment empowering the plaintiff to redeem the shares.
His Lordship-You see that would amount to this, that the Court would act directly con- trary to the finding of the jury and would shut the mouths of the defendants from giving evidence to support that verdict.
Mr. Robinson said that first of all he deli- berately objected to the verdict as given. Secondly, he asked his friend if he was going to give evidence in support of his case,
His Lordship-That was so; I made a note. Mr Robinson-And he deliberately refused. His Lordship-Have you any authority for saying that counsel for the plaintiff is entitled to refuse to accept a verdict given by the jury. against him?
Mr. Robinson contended that this was so, and quoted an authority which he said backed him.
up.
His Lordship-Do you mean that that means that the jury can be forced to go on with a case, after they are satisfied that the plaintiff has no case ?
Mr. Robinson-It means that the plaintiff has the right to have the case submitted by the judge to the jury with proper directions as to law, etc.
His Lordship-That is the usual course at a
trial.
Mr. Robinson-The jury cannot obviate it by saying they have made up their minds.
His Lordship asked if it was not a well- admitted practice that the jury obald at the close of the plantiff's case, find that the plain tiff had failed to make out his case and give a verdict for the defendants. Had Mr. Robinson any authority to show that a judge had power to refuse to accept the verdict and to tell the jury they must hear the defendant's case f
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Mr. Francis-After you had heard it. His Lordship-When the jury were going to retire, Mr. Robinson, I think you must have realised they were probably going to retire by way of finding that your case was not made out, because I was bound to tell them they could not touch the defendants' case.
Mr. Robinson-The jury have the right to retire during the hearing of a caso.
His Lordship-But I think you must have recognised they were going to find against you; they could not find against the defendants.
After some further argument His Lordship said Mr. Robinson must satisfy him that he had power to disregard the finding of the jury. He took it that the verdict returned by the jury was a verdict for the defendants.
Mr. Robinson-I will put this question first -What is the verdict of the jury?
His Lordship-I have already told you that I think it a verdict for the defendants.
Mr. Robinson submitted that if a jury went out of its way to give an opinion on a point of law that was not any part of a verdict. The opinion which the jury expressed that the plain- tiff had failed to prove his case was not a very satisfactory form of verdict; but when the jury went on to say the plaintiff was not entitled to redeem they went outside their function, and the court would be absolutely wrong in recording that as their verdict.
Mr. Francis submitted that the only proper course for the other side to take was to move to set aside the verdict.
Mr. Slade said he had uo authority to lay before his Lordship as to the old practice in Eugland, and he submitted that it was ab, solutely and utterly immaterial to the present question. His Lordship's powers were clearly and beyond any reasonable doubt defined in the section to which his learned friend had referred. It was clearly stated in that section that such judgment should be entered as the court should direct. There was absolutely no limitation as to the power of the court to direct any verdiot that it might think fit.
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At the conclusion of the argument His ship granted Mr. Francis' application, entering judgment for the defendants with costs.
THE GOVERNOR'S TOUR,
It appears that the pirates were assembled in great force along both banks of the river, and on the launch making her appearance they at once opened fire and then got on board. They remained on board about two hours, finally decamping with money and property to the value of $1,000. The Changsha had come from Wuchow and was on her way to Hongkong
It is unfortunate that at this moment the Sandpiper is rendered useless on account of the accident she has herself met with in the West River. She was towed into the harbour yester. day morning by the torpedo destroyer Fame, badly damaged about her bows and her forward compartments full of water. The Sandpiper will need considerable repairs before she is it for service again.
THE BELILIOS REFORMATORY:
FORMAL OPENING BY HIS EXCELLENOY
THE GOVERNOR.
The
The reformatory at Causeway Bay provided for the colony by the munificence of the Hon. B. R. Belilios, O.M.G., was formally opened by His Excellency the Governor (Sir Henry A. Blake, G.C.M.G.), on the 2nd instant in the pre sence of the Earl Drogheda, Viscount Suirdale, the Hou. F. H. May, C.M.G., the Hon. R. D. Ormsby, Mr. H. P. Tooker, and others. foundation stone was laid on the 29th January, 1898, by the then Governor, Sir William Robinson, G.C.M.G., and bears an inscription to that effect. The premises occupy a com manding site on a spur of Morison Hill. They have a handsome front. The ground floor con- tains an office, a work-room, a reception-room, a dining-room, and three cells. In the upper storey are three dormitories and the Superin- tendent's quarters, which comprise five rooms. There is accommodation for about 50 boys. The building is a decided acquisition to the colony, and Mr. Belilios is deserving of the hearty thanks of the community for his generosity.
Mr. Belilios had provided a silver key for Lord-presentation to His Excellency, together with a beautifully chased silver plate. On the latter were inscribed the words:"The Belilios Re- formatory. Opened by H. E. Sir Henry A. Blake, G.C.M.G., Governor of Hongkong, 2nd April, 1900." The inscription on the key runs as follows:-"H. E. Sir Henry A. Blake, G.C.M.G., Governor of Hongkong." On each side of the door of the principal entrance to the premises is a plate bearing the in- scription-in the one case in English and in the other Chinese-The Belilios Refor matory. This building was erected by the Hon. E. R. Belilios, C.M.G., the ground having been given by the Government. This reformatory was opened by H.E. Sir Henry A Blake, G.C.M.G., Governor of Hongkong, on the second of April, 1900, in the sixty. third year of the reign of Her Majesty Victoria, Queen of Great Britain and Ireland and Em. press of India."
His Excellency the Governor (Sir H. Blake G.C.M.G.) lef. Hongkong by the Empress of China/on the 4th inst. for his tour up north, ac- companied by Lady Blake, Miss Blake, the Earl of Droeheda, and Viscount, Suirdale. The party left Murray Pier in the launch Victoria at about 12 o'clock, their departure being witnessed by a large and representative assembly, including HE. Major-General Gascoigde. C.M.G., the Hon. Captain Tr fusis, Colonel Brown, R.E., the Hous. W. Meigh Goodman, F. H May, C.M.G., TH. Whitehead, R. D. Ormsby, C. P. Chater, C.G.M., A. W. Brewin, H C. Nicolle, Dr. Ho Kai, and Wei A Yuk; Lieut. Hobson, Dr. Bateson Wright, the Right Rev. L. M.Piazzoli, Messrs F. J. Badeley, W. Norton Kyshe, J. Dyer Ball, H H. Gompertz, W. Chapman, R. F. Johnson, A. G. Romano (Portuguese Consul-General), Ho Tung, Ho Fook, Fung Wa Chuen, and others. Owing to the weather many choose rather to say good-bye to His Excellency on board The Empress of China. Among these were the Admiral, the United States Consul- General, Mr. Ronusevello Wild-man, and Signor Volpicelli, the Italian consul.
A Company of the Royal Welsh Fusiliers, with the Band and regimental colours and goat, awaited His Excellency's arrival, and on his ap- pearance received him with a royal solute. His Excellency and party shook hands with many of those awaiting them, and on their leaving the pier a salute was fired from the naval yard.
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Mr. BELILIOS said--Your Excellency, it is with sincere pleasure that I hand to you these keys with which I must ask you formally to open this institution. I regard it as a good omen for its success that two Governors of this colony have, so to speak, set their stamp upon this reformatory. On the 29th January, 1898, in the seventh year of his administration, Sir William Robinson laid the foundation-stone of the building-his last public function—and now. your Excellency, his successor, will perform the ceremony of opening it. The stone recording the fact that Sir William Robinson laid it is before, us, and the plates commemorating this funolton performed by your Excellency will be fixed in the walls. I trust that many youthful wanderers from the paths of virtue will in this institution learn to recognise that honesty is the