160
SUPREME COURT.
Saturday, 21st February,
IN CRIMINAL JURIFDICTION.
BEFORE HIS HONOUR 8 B WILLIAM M
GOODMAN (CHILF JUSTICE).
THE QUAREY BAY FATAL RIOT. The hearing was continued of the case in which nineteen coolies were charged with riot and wounding with intent to murder.
The Attorney General in addressing the jury stated that thirteen of the prisoners had only one witness against them.
The jury found the remaining six guilty as libelled.
His Lordship sentenced each of the six to two years' imprisonment with hard labour.
The Court adjourned.
Monday, 23rd Febṛasry.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONJUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
CHARGE AGAINST A COMPRADORE.
Ng Lai Kok was charged with having com- mitted embezzlement while employed 8.8 compradore with Mossrs. Lützena, Eiustmann & Co., merchants.
He pleaded not guilty, and was defended by Mr. M. W. Slade, barrister-at-law, instructed by Mr. J. Ecott Harston of Messrs. Ewens & Harston, solicitors. The Attorney-General Sir Henry 8. Berkeley (instructed by Mr. H. Hursthouse of Messrs. Dennys & Bowley, Crown Solicitors) conducted the prosecution.
The following jury was earpahelled: Messrs. J. Lysaught, R. J. Maogowan, A Sheffield, R. Ferguson, C. Warren, J. Lacock and G. H. Dann.
When called as a juror, Mr. Lacock asked his Lordship to be excused from serving as he had already sat on four juries during the pre- sent Sessions.
His Lordship said there was no reason in law why he should be granted exemption. If Mr. Lacook had any pressing business eugagement, however, he would grant his request. This was the last case, and he would not be called for another year at any rate.
Mr. Lacook did not press hiş request. The Attorney-General having opened the case for the Crown, evidence was led.
The jury unanimously found the accused not guilty, and he was discharged
The Court rose.
Tuesday, 24th February.
IN SUMMARy JurisdictION.
BEFORE HIS HONOUR A. G. W188 (Puisne Judės).
ÁLLEGED WRONGFUL DISMISSAL...
THE HONGKONG WEEKLY PRESS AND
Dinshaw or Dinshajee Sorabjee, baker and confectioner, presently residing in the Parsoe Club, sued Hormusjee Ruttonjee, of 5. D'Agui lar Street and of the Queen's Hotel, for specifio performance of an agreement entered into between the defendant and the plaintiff in November, 1902, whereby the defendant agreed to engage the plaintiff to serve bim as a store- keeper's assistant, baker and confectioner, for the term of three years to be computed from 23rd September, 1902; or alternatively for the sum of $1,402.78, being as of $102.78 balance of salary due by the defendant to the plaintiff up to 22nd January, 1903, and $1,300 damages for the breach by the defendant of the above-men- tioned agreement and for wrongful dismissal of the plaintiff from the defendant's employment the amount of the claim being reduced to $1,000 in order to bring it within the Summary Juris diotion of the Court. Plaintiff also claimed
MAG. C. C. Master of Messrs. Johnson, Stokes & Master, solicitors, appeared for the plaintiff; and Mr. H. E. Pollock, K.C. (in- structed by Mr. C. E. H. Beavis of Messrs. Wilkinson & Grist, solicitors), appeared for the defendant,
[February 28, 1908..........
Mr. Pollock stated that notice of a special ↑ that the junk was exhibiting one white musthend defence had been gives to the other side.
Mr. Master naked leave to amend the alterun- | tive claim so as to read "for work and labear done and services rendered by the plaintiff to the defendant and 81,300 damages for the wrongful dismissal of the plaintiff from defen- dant's employn ent.”
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Mr. Pollock said he was sorry he could not conseat to that amendment.
His Lordship remarked that he was very doubtful that he could allow it; it was such a serious one. It was amending the whole action. After conference between parties with a view to settlement,
Mr. Pollock said that they were not able to come to an agreement; the difficulty was 85 regards costs.
Mr. Master contended that each side should pay their own costs.
His Lordship remarked to Mr. Master that the other side looked upon his writ as a bad one. He was inclined to non-suit the plaintiff, who could then bring another suit if he liked.
Mr. Master said that his client had been brought here from Bombay, and now they wore, to put it plainly, throwing him ont.
His Lordship-They might have a right to
do so.
Mr. Master was quite prepared show that there had been no misconduct; that point had never been raised at all.
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light. Plaintiff said that the jänk when first seen was about 100 or 150 yards away on the port bow of the Eclair; defendant said that the Eclair when first sighted was from 800 to 400 cheơnga distant, may, 1,200 to 1,600 yards. In answer to the question “Lights if any, of the other ship which were first s on ?" the steamer said "None." Defendant said that the white and red lights of the steamer were first observed. As to the ques ion with regard to the lights of the other slip, other t an those first seen, which came into view before the collision, plaintiff's answer was “ None."
His Lordship-You put it that they had not got a light?
Mr. Sharp answered in the affirmative. Defendant, be continued, mid that the steamer's lights which were first sighted were the only lights seen from the junk up till the time of the collision. Regarding the meas- ares taken to avoid a collision, the plaintiff stated that as soon as those on board the Eclair saw the juok the steamer's helm was ported, her engines were reversed, one short blast was blown on the whistle and those on board the steamer shouted to the junk to keep out of the way. The junk people said that the junk was kept on her course until it was seen that the only way to avoid a collision with the steamer was to put the helm liard sport, which was done nocordingly. Immediately be fore that those in board the junk shouted out to these on board the steamer to avoid the junk. The plaintiff stated, further, with regard
His Lordship-I do not know that. Mr. Master thought this was one of those
where &
man in the position of Mr. Ruttonjee could well afford to waive the quest tion of costs and lat each side pay their own.
cases
His Lordship stated that if Mr. Ruttonjes agreed to that he would be very happy to make an order to that affect. Judgment otherwise must be non-suit with costs, and his Lordship hoped that in the meantime a settle meat would be arrived at, seeing that they had already come so near it.
Mr. Master-That gives me liberty to bring another action P
that.
His Lordship-Yes; the nou-suit gives you
The Court adjourned,
Thursday, 26th February.
IN ADMIRALTY JORISDICTION.
BEFORE HIS HONOUR BIR WILLIAM M. GOODMAN (Chief Justice) AND COMMAN- DER BASIL R. H. TAYLOR (Assessor)
STEAMER 1. JUNK.
The steamer Eclair sued licensed cargo-junk No. 711 for damages arising out of a collision which occurred on 5th November in the Capsuimno Pass.
the parts of the ships that came into contact. that the bow of the juuk struck the port bow of the Eclair about three feet from the stem; the junk said that the bow of the junk strack the port bow of the steamer. Plaintiff alleged that the junk carried no light, that she improperly starboarded her helm, that no proper look-out was kept on board, and that the jouk wAS navigated in a reckless and uuseamanlike manner. On the other hand, the funk stated that those on board the Eclair did not keep a proper look-out, that the Eclair did not keep out of the way of the junk as sho qught to have done, and that her engines wero not slackened and reversed in sufficient time to avoid a collision. The onse of the plaintiff, said Mr. Sharp in conclusion, was substantially that the junk carried no lights, which unfor. funately was an extremely common case agains: junks in local waters.
Evidenco was afterwa-ds given for the Blain iff.
REVIEW.
Eust of Asia. No. 4. Shanghai, North-China
Herald Office.
THE fourth number of East of Asia Mr. E. H. Sharp, K.C. (instructed by Mr.issued from the North-China Herald Office, Paget Hett of Messrs. Monnsey & Bration, solicitors), appeared for the plaintiff, and Mr. H. E. Pollock, K. C. (instructed by Mr. F. X. d'Almada e Castro, solicitor), appeared for the defendant.
tion;
Shanghai, contains among its most readable articles one by Mr. E. J. Ezra on “Chinese Jows." It is, as the writer remarks, not well known that Jews in considerable numbers have existed in China from a very remote period, one of the Mr Sharp read the preliminary acts. Plain- but Mr. Esra mentions that on tiff stated that the collision happened about stone tablets found in the long-since-destroyed half-pisteron o'clock p.m. on the day in quer.synagogue at Kaifen: fa, the ospital of Honan, defendant said about seven o'clock. it is recorded that the Jews first entered China Plaintiff stated that the place of the collision dating the Han Dynasty (from B.C. 200 to-A.D. was near the south end of the Capsniman 226) while the letters of the Jesuit fathers fix Strai's on that side of the channel which lay to the date of their entry as during the reign he Eclair's starboard side. As to the direction of Mingtí (A.D. 58 to 75). Mr. Ezra con- and force of the wind, plaintiff said," About cars in the view of the Jesuit fathers that Borth moderate force." Defendant stated, the Jews came from Persia. The ritual Light northerly wind." The state of the established amongst the Chinese Jiws, he says, weather was said by the plaintiff to be dark clearly comes by way of Persia. It would and fine; defendant stated that it was a clear, appear that at one time there must have been a starry night, with the moon, a very small one,
considerable Jewish community at Kaifengfu, about to disappear behind the hills. Plaintiff but floods and rebellions have worked havos described the tide as a flood tide, from two to amongst them and the number now remaluing three miles an hour; defendant said the tide is not more than 14) adults. These “pitiful was about slack. As regards the course and remnants” have no synagogue left, no leader, speed of the ship when the other was first seen,
and no school in which to train the chi'dren in plaintiff stated that the Eclair was heading about the faith of their fathers, but something N.N.W. and going about nine miles an hour over is being done by the Jewish the ground; defendant stated that the junk was munity in Shanghai to save them from travelling in a 8.E. direction at a speed of about atter extinction.. Another article of, historical two miles an hour. Plaintiff said, also, that the interest is that of Mr. John Archibald on the steamer was carrying the regulation_lights;|| memorial tablet of Yü, "the Chinese Noah," that was to say, a white light on the flagstaff concerning the Chinese Deluge, which took forward (the Eclair had no mast), a green light place not long after the accepted date of the on the starboard side and red light Biblical flood. Mrs. Timothy Richard con on the port side. The defendant stated tributes an article on “Chiness® Music,” the
OOM.