August 13, 1904.]
CHINA OVERLAND TRADE REPORT.
steaming thirty knots, in the offing, signalled | a half miles from the enemy. Although the the Hunan to stop. They instantly boarded her and searched the ship for contraband. The captain reported the location of the mine, and the Japanese promised to destroy it immediately and left heading for it. It will perhaps be remembered, says the N.-C. Daily News, that it was reported some time ago that the Russians were buying all the junks anchors they could get in Newchwang, ostensibly for the construc- tion of a bridge of boats over the Liao. These anchors were doubtless bought for use with mines.
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THE DARDANELLES.
A. Berlin telegram to Shanghai mentioned that the Russian man-of-war Tschernomoritz had passed the Dardanells. The Tschernomroitz is not a Volunteer ruiser entitled to pass at any time as a comme cial steamer. It is a ship of similar class to the Koreetz, and its passage (if it actually look place), is an impudent infraction of treaty.
JAPANESE GUNBOAT'S NARROW ESCAPE.
A Tokyo telegram to the N.-C. Daily News on the 1st instant says that while the mine-clearing flotilla under Commander Hirose was engaged in disposing of the enemy's mines off Lung- wantung, Port Arthur, on the 26th inst.. the clearing rope got foul of the screw of a gunboat, so that the gunboat was unable to move, She was fired at by the enemy's shore batteries and gunboats, and torpedoed by his destroyers, but she managed to retreat to Siaopingtao after an hour's exertions. Commander Hirose and ten others were wounded.
LATEST FROM PORT ARTHUR.
A number of Russian refugees, who left Port Arthur on the 2nd, arrived at Chefoo on, the 3rd instant, and reported that the Japanese troops are close to Port Arthur. Their shells fell inside the town, while the Russian men-of- war were bombarding the Japanese position from the harbour. Since the 26th ult." the fighting has been raging with great severity, except on the 28th ult., when the fire slackened a little. Non-combatants are compelled to find shelter outside the port, for fear of being made a target for shells, or being forced to join
volunteers.
RUSSIAN SORTIE FROM PORT ARTHUR.
o
While the Japanese destroyers were engaged in blockading work at Port Arthur, twelve Russian destroyers and four torpedo-boats. with gunboats, attempted on Monday evening (1st inst.) to pass Liaotishan. They were promptly checked and regained the harbour, being under Japanese fire for twenty minutes altogether. It is difficult for more than perhaps a single vessel to run the Japanese blockade.
NO STAND EXPECTED AT LIAOYANG.
It is reported in military circles in St.. Petersburg that General Kuropatkin has decided to evacuate Liaoyang shortly. though not without fighting. Winter quarters are to be prepared at Harbin for the Russian troops.
RUSSIAN PRISONERS TRY TO ESCAPE FROM JAPAN.
enemy's forts have been so strengthened as to be considered imprenable, they are all expected to fall into our hands before long- A European who left Port Arthur on the 29th ult. and arrived at Têngchon states that the Japanese troops occupied two forts at Laolunr. tou on the 27th ult. They retired on the n when the Russians reoccupied the forts, but the Japanese seized them again, taking a roundabout way from the west coast, and cutting off the retreat of the Russians, many of whom in the confusion were drowned in the sea. The Japanese troops on the 28th ult. had reached a point four miles north-east of Port Arthur.
A QUEER STORY.
H.M.S. Ocean, which arrived at Weihaiwei on the 2nd inst., reported, says the N.-. Daily News, that she was followed by a large cruiser which, when requested, refused to show her colours until, when she came close, the Ocean cleared for action, and the cruiser then flow the German flag.
"JACK LONDON IN A BAD TEMPER. It is only natural that you should receive favourable reports from the front." said "Jack London to an American paper. To begin with. unless one praises the Japanese in one's reports the military censor is very liable to toss the despatch into the waste-paper basket, while reverses to their arms are not allowed to be sent at all. Consequently one hears litt'e but good about them. Personally I dislike their methods of procedure very much, and I do not think there is one foreign correspondent with the Japanese forces who will say a kind word for them after he is out of their clutches."
C.M.8. TSINAN
ARRIVES AT HONGKONG.
The China Navigation 8.8. Tsinan has arrived from Japan Capt. Brown. inter- viewed by a Daily Press reporter, describes his exciting experiences with the Vladivostock squadron as follows:-
The Tsinan
coast.
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SUPREME COURT.
Monday, 8th August.
IN APPELLATE JURISDICTION.
115
BEFORE THEIR Honours SIR WILLIAM M. GOODMAN (CHIEF JUSTICE) and T. SERCOMBE SMITH (PUIANE JUDGE).
CHAN UT SUI AND PUN KAN SHAN Y. CHU LEE AND CHU PING.
The Court heard an appeal against the decision of the Chief Justice in this case. Mr. M. W. Slade (instructed by Mr. H. J. Gedge, of Messrs. Johnson, Stokes and Master solicitors). appeared for the appellant; and Messrs. E. H. Sharp, K.C., and H. E. Pollock, K.C. (instructed by Mr J. Scott Harston, of Messrs. Ewens and Harston, solicitors), for the respondents.
The case
was originally brought by the plaintiffs to determine the respective rights of themselves and the defendants, with regard to a certain portion of the Praya Reclamation which is situated in front of Marine Lot 53 (A.) The plaintiffs ask that it should be declared by this Court that they are entitled to the area of re- claimed land marked red on the plan annexed to certain Articles of Agreement between one Chu Chuan and Mr. Bruce Shepherd, on behalf of the Governor of Hongkong, dated 5th October 1889; that is to say, to such proportion (from front to back) of the whole of the Reclamation to Marine Lot 53 (A), as the frontage of the plaintiff's property. Station B and D of the said Lot upon the old Praya, bears to the whole frontage of Marine Lot 53 (A) upon the said roadway. The defendants, who were sued as the executors of one Chu Chuen, deceased, denied, in their defence, that the plaintiffs were entitled upon the true construction of the Praya Recla mation Ordinance, 1889, to any part of the reclamation, and they pleaded that they (the defendants) were in possession of such reclaimed land. At the date of the action the plaintiffs held B and D, formerly held by their predeces- sor in title, Yin Chow, who died in 1893; and the defendants held Section A and "the remain- ing portion of Marine Lot 53 (A), by devolu. tion of the property from Chu Chuen, who died in 1898. The whole of the frontage, therefore, on the old Praya, of Marine Lot 53 A was taken up by Sections B and D and the
was on & voyage from Hongkong to Yokohama with general cargo. Approaching the Japanese on the afternoon of the 24th ult.. sighted three Russian warships, which after wards turned out to be the Vladivostock Squadron. The three vessels were named Rossia. Gronoboi, and Rurik. It was about 4 p.m. when the vessels had approached close to us. One of them, the Admiral's ship, no doubt, hoisted signals for us to stop instant- ly"; and we did so, A boat of armed men, and two officers, then put off to us. One of the offi. cers. accompanied by a signalman, boarded, and asked for my papers, which I had all ready."remaining portion." After examining my manifest the officer signal-
When the Chief Justice delivered judgment led off to the flagship, and the Admiral replied. on the original hearing he said the first question He said he was not going to send a prize
to decide was, to what portion of the disputed crew on board, but desired us to take the
reclamation Yin Chow was entitled as frontager. Lascars, 21 in
the whole." number of the ss. Knight His answer was
That being so, Commander, which had been sunk by the had Yin Chow or had the plaintiffs as his squadron. He said. indeed, that as the representatives so conducted themselves in the Lascars were British subjects we would have
matter as to make it unfair and inequitable that to take them. While the men
the defendants should be held trustees for the were being It seems that the intentions of the Russian transported to my ship the officer sat down
whole It seemed to him that, if the plaintiffs prisoners of war who effected their escape from and had a whisky and soda with me. He said were willing to refund with interest at 8 per the Public Hall at Matsuyama and were they were all tired of capturing unarmed mer-
cent. the $2,000 paid by Chu Chuen to Mr. subsequently recaptured, were not so innocent chantmen, and were spoiling for a fight. J. D. Stephens and the money contributed by as was surmised. An examination of them He had lost count of the number of small Japan Chu Chuen and the defendants towards the proves, says the Kobe Chronicle, that they ese freight craft they had sunk. I mi.ht cost of making the Praya, he ought to decres intended to make their way back to Russia. It mention. by the way that the officer spoke that the Crown Lease of the whole disputed is said that Captain Molinsky was the ring excellent English. His accout and
portion of the Reclamation ought to be granted leader, and that he instigated the others to ticulations, however, were just what one would (on payment of any further contribution that make their escape. The plan of the officer was expect from a Frenchman. He made a great might become due as final settlement of the that they should make their way to the sea- boast of being on the Tokyo side of the coast. Praya Reclamation accounts) to the plaintiffs shore and there buy or commandeer a boat and The Japanese, according to him. were at present or, if granted to the defendants. that the land proceed to Kobe, where the officer intended suffering severely from swollen heads. but must be held by them in trust for the plaintiffs. to seek advice as to the course to be taken they were sure to get a big "take down before for returning to Russia. All of the men long Tue Port Arthur Squadron was in good had cut their hair very short and shared off condition. War, he thought, was likely their beards. They had in their posses-
to be carried on for a long time, Russia, sion tinned meats. bread, salted beef, water. of course, being victorious in the end. He umbrellas and knives. Captain Melinsky | admitted that the Japs had had a bit of their own carried with him a beef knife, net. and a map way so far. but they were about to get a big set of Japan printed in English.
back. Rice, he mentioned to me, was contra. band of war. I was ordered to reduce steam, and finally when he left me he told me to keep my ship stationary till the squadron had disappeared over the horizon. I proceeded on my journey as the light was failing.
THE SIEGE OF POET ARTHUR.
Special telegrams to the N.-C. Daily News state that the attacking army continued its advance on the 24th, 25th, and 26th ult.. and occupied a position about five miles from Port Arthur. After a furious attack on the 28th and 29th ult, the Japanese occupied a position where the Russian hospitals were established. The Russian casualties were numerous The army is now stationed at a point about two and
•
ges.
The engineering corps of the Chili First Standing Army under the supervision of Chang have completed making a modern road from Paoyang to Shanhaikwan.
Mr. Slade in his argument contended that by not entering into the reclamation agreement within the time limited by the Reclamation Ordinance Yin Chow, the predecessor in title. gave up every legal right that he had under that Ordinance. What the Court had to do was to construe the undertaking with refer. ence to this land and to say what amount of the reclamation should be assigned to the respond. ents under the limitation.
Mr. Sharp said the defendants had contended from the beginning that the back section hold.
ers
were not entitled to the frontage. The question for their Lordships was what was the meaning of the words "equitable proportion in the Ordinance.
**
After a discussion which lasted all day the case was adjourned.
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