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March 12, 1904.]
mortgage had been made, with several special provisions, under which defendant undertook certain obligations which were clearly set forth. So far no money had been paid, either for the dishonoured bills, or for the charges incurred in connection with them.
In his statement of defence, Chan Lai Chiu admitted that in consideration of advances made to him by the plaintiffs he agreed that the amounts should be sent to and paid to the plaintiffs in Hongkong, but he denied that the decuments were bills of exchange as alleged. He made various allegations against plaintiff of unnecessary delay and negligence, and denie that he was liable as surety or in any other respect under the mortgage.
To this plaintiffs replied that the execution of the two mortgages was the wrongful act of Soga Kenjiro in breach of the terus of the mortgage of 27th August, 1901, and maintained that Chan Lui Chiu was bound jointly with Soga Kenjiro respecting the fulfilment of the terms of that mortgage.
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CHINA OVERLAND TRADE REPORT.
superintendent of watchmen at the Hunghom | branch of the Hongkong and Whampoa Dock Co.'s premises. The defendants were watch- men. The plaintiff had suffered damage from the defendants falsely and maliciously writing and publishing a letter, concerning the plain tiff, sent by them to Wilson, dated 25th Novem- ber, 1903. The letter read:-" Sir,-We Io- dian Watchman staff of the Dock hereby report to you that unless we are better and fairly treated by the Head Watchman, Mr. Elvin, We will all resign from the company em ployment. Mr. Elvin is nothing but a downright rascal and rogue. How is it he allow those Portuguese watchmans of his at gate smoke sit down and sleep while on duty without reporting the matter to you or even find them one cent, but, if it was any of ns Indian found doing so. we will be reported at once to you and he will get us discharged or find $2 or $3 which we know very well you don't hear of it, but all the same he find us and pocket the money. He has always been getting money from Mr. Sharp, K.C., read the pleadings and said ns ever since he joined the Company again, that upon them the following issue was set- but since we have stopped giving him any led-Assuming for the purpose of this issue more money or cumshaw, when every now that the translation of the mortgage, dated 27th | Indian is taken on, he has turn on us and does Angust, 1901, is a true translation of the said his uttermost in getting us into trouble and mortgage, and that the law of Japan allows make such living (lying) reports about us to priority to mortgages of the same property you. Therefore instance No. 3 (Ralla Singh) | according to their respective dates of registra has lent him $300 and more and Mr. T. Elvin tion, is the bank entitled under the said mortgage promised him he will look after him and will do to recover from Chan Lui Chiu such portion of him a good turn and this is how he does it the 72,000 yen thereby secured as is claimed in the swindler after he has got the money. Mr. ac ion? He went on to say that notwithstand Wilson, Sir, we are very sorry to tell you ing an express covenant to the contrary, two this, but we can't help it. Mr. Elvin bas other mortgages were made on this property in driven us to it that he the said Mr. T. breach of that undertaking and were registered. Elvin has been receiving bribes of $20 to The defendant had guaranteed that Soga should $39 from the sweepers of the yard for allowing not effect these further mortgages. Defendant them to carry off the sweepings to the Dust now sought to get out of it and to avoid repay- Boat from the shop with cuttings of brass, iron ment of this $64,000 which he had in the Bank and steel. This can be proved it you will take on the ground that the Bank did not prevent the trouble to see it for yourself, and also he Soga breaking his contract. As a common-sense receive bribes from the night soil men that and business proposition this was rather ridicn- carry the soil out of the yard in the morning, lous. Defendant's case was apparently the by allowing them to do the same. He charged negligence of the Bank. Now, negligence was the one, the other day, for stealing brass from a breach of a positive duty. If. there was not the moulder shop because the coolies did not a duty there could be no negligence. Unless it give him any money, the case would not have was shown that there was a positive duty on the been heard of if he had got the money he Bank there could be no negligence on the part wanted from the man by his Chinese detective. of the Bank. It was argued that it was the That detective is a bad inan, Mr. Wilson, same usual rule, apart from special circumstances, as Ah Man all the time squeezing money that the creditor was bound to preserve the himself. Ad for Mr. Elvin where his wife securities in his own hands, and was liable for pet so many fancy and new dresses from—a new the loss of his securities caused by his own dress every other day-all from the money he negligence. Here the loss was caused by get out of the Indians and what he squeezes he get Soga's own breach of the covenant guaran-fom his Chinese detective. Mr. Wilson, do you teed by the defendant. The Bank's posi- tion in the matter was
very clear. The Bank had to register the mortgage, and did so promptly. Two of the mines were not in the name of Soga but in the name of somebody else and an injunction was registered against a transfer of these mines into Soga's name. The question.for the jury would be having regard to the contract between these people, was the Bank guilty of negligence? He would submit that it was not, and that it was therefore entitled to their verdict.
Evidence was then taken, and in the after- noon au adjournment was made,
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After evidence had been taken on the 8th and 9th instant, the case concluded on the 10th. The verdict will be published in our next issue.
Wednesday, 9th March.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. WISE (PUISNE JUDGE).
ALLEGED LIBEL.
Fifteen Indians appeared as defendants when T. lvins, the plaintiff, claimed from the the sum of $500 as damages for on alleged libel contained in a letter dated 25th November
1903.
The Hon. H. E. Pollock, K.C., (instructed by Mr. E. J. Grist, of Messrs. Wilkinson and Grist), appeared for the plaintiff, and in the absence of Mr. M. W. Slade, eugaged in in another case, ir. J. Hastings represented the defendants,
In the statement of claim it is said that the plaintiff, until his suspension from duty, was a
allow Mr. Gomes to interfere in the office with what the Indian watchman doing and saying 'What for you report about to Mr. Wi'son, Portuguese watchnien no good; bye and bye all belong Portuguese, Indian men al finished,' Also Mr. Silva of the boiler shop has been interfering also with the Indians too. This is Mr. Elvin doing, teaching them what to say and go against the Indian and bye and bye all the Indian will leave and get the Portuguese instead. No. 3 watchman can tell you this what they have been saying. Mr. Wilson if things do not change we will have to resign and let Mr. Elvin get all his Portuguese. It will please him, and his wife will be able to ride in a carriage and pairs and the Company will then see how they will like the Portuguese. There is no other Indian will come to this employ ment and it is so hard to employ them because it is known all over Hongkong the rascally way that Mr. Elvin treats his Indian watchmen. P.S. -We all the watchmen are ready if you waut to swear as that he always wants bribes from us and if not please get him to swear when he was sick living at Trim Tsa Tsui he called three of us in his house and asked us to give money or if not when he rejoined he will send us away. Then we three men went to his house and paid him $100. You want man who may speak English, but when one is em- ployed Mr. Elvin do dismissed him because he says that any man who speaks English do not his duty properly, and to you he reports that no Indian is able to speak and understand English and therefore he keeps Portuguese on gates. Portuguese will never do as good duty as Indians." In consequence of defamatory expressions contained in this letter the plaintiff has been and is greatly injured in his credit and reputation and has been suspended by his em-
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ployers until he can clear himself from the charges. The defence states that the defendants pub. lished the said letter without malice and bona fide believing all the statements therein to be true. It was the duty of the defendants and to the common interest of the defendants and said company for defendants to make complaint to and request investigation by the said W. Wilson of the matters set out in the said letter. By reason of the premises the said letter and all the statements contained therein were a d are privileged.
Evidence was led.
BOXING.
DISGRACEFUL SCENE,
A boxing entertainment took place at the City Hall on the 8th inst., the ring as usual be ing fixed up on the stage of the Theatre, The principal attraction was the match for $1,000 a-side and a purse between C. C. St. Clair, middle-weight champion of Brooklyn, U.S.A., and D. Morgan, of H.M.S. Vengeance, heavy- weight champion of the China Station. A third attempt was also made to decide the bantam-weight championship of this Station between two men who have drawn twice already. A very good audience filled the Theatre, and a commencement was made at 9 p.m. The events were as follows:-
1. Clark (Glory) v. Griffin (Glory). 10 rounds for $50.-Clark won, after a not very exhilara- ting contest, in the 10th round,
2. Lacey (Vengeance). v. Layton (Albion).-- Lacey went away with a rush, tut Layton, who showed much improved form, stopped him easily. Lacey had two falls in Round 1, owing th his shoes, which he afterwards discarded. At the end of Round 6. Laytou was the fresher, but his blows had no effect on Lacey, who begau to do better. After the 10th Lacey's blows on the left ribs began to tell, and he looked a winner in the 15th and 16th. Layton pulled himself together, however, and had none the worst of the last two bouts, though obviously tired. One judge gave a draw, the other a win to Layton; but the referee refused to separate the men, who thus fought a third draw. A very fair decision.
It was ten minutes before midnight when the main event was ready to commence.
A very nnecessary amount of time was wasted after the interval, Morgan being visible in the wings: of the stage, but St. Clair being out of sight, What was the reason of the long wait it is impossible to imagine. The meeting of the two
men had been much looked forward to, and a good exhibition of boxing was expected. What actually occurred was far different. We can only describe the scene as disgraceful; and, if it does not damn heavy-weight boxing in Hong- kong for a long time to come, then Hongkong patrons of boxing can put up with a lot. We do not propose to describe the affair in detail. At the beginning the referee, Mr. Ryan, came forward and announced that the fight would be under Queensberry rules revised, and that a blow would be allowed in
& clinch when one Brm was free. This arrange, ment, which we understand was in the articles, was the principal cause of the trouble. The first round had hardly commenced when St. Clair adopted his usual clinching tactics-not illegitimate, it may be remarked, however dis- tasteful to those who admire straight-forward boxing. In the breaks-away the American took full advantage of the conditions. Morgan did not do so, and we doubt whether he fully understood them. Certainly the naval part of the audience did not, and shouts of "foul !" were soon ringing and continued through- out. In the third round the ffair nearly ended, for the referee in forcing a break apparently got a heavy punch in the ribs from St. Clair, and turned round and struck him in the mouth. The audience, for the most part, misinterpreted this action as a protest (!) against a foul. Shouts became absolutely deafening at this point. However, the fight continued. Morgan repeatedly got in, but only one blow of his was really serious, this being one in the first round, landing on St. Clair's eye. St. Clair went on clinching, tactics which Morgan evidently did not like, and which the audience much resented. The uproar continued, and it was difficult to hear the time-keeper's voice.