100
later date; however, we are assured that such was not the case, and that being so, I can only say that it is beyond my powers to furnish An explanation As to this extraordinary omission. The only other
THE HONGKONG WEEKLY PRESS AND
:
[August 12, 1905.
injunction dated May 11, 1905, with respect to point. After that what he did could only be damages.
IN SUMMARY JURISDICTION.
W. J. SEABROOK r. W. A. SCOTT,
The plaintiff, second engineer of the s.. Royalist, claimed from the defendant, master of the said vessel, the sum of $1,000 on an alleged breach of contract.
surmised. About 12.30 that night deceased met two women, Misses Lilian Desbien and Bessie Radcliffe. It appears that he accosted the former, and some words passed between
evidence as to the letters is that there BEFORE MR. A. G. WISE (PUISNE JUDGE). i them. Miss Desbien states that deceased hit were at least three writers of the first foury which is rather against the theory that the letters were concocted on board, although, as I have said, that theory is contradicted by a later one. As I have already stated that is my opinion further evidence should not be admitted, it only remains to consider whether, on the materials before me, the judgment appealed from is to much against the weight of evidence that it ought not (o be allowed to stand, and that the appellants first application should be granted. I have already stated the principles which I think should guide the Court of Appeal in coming to a decision, and following those principles to the best of my ability.'I see no reason why this decision should be disturbed. I thoroughly agree with the learned Chief Jus tice that there was considerable difficulty in the matter, but I can only say that several doubts that I had on first reading the papers have dis. appeared on further consideration. I am of opinion that the appeal should be dismissed with costs.
IN ORIGINAL JURISDICTION.
BEFORE SIR F. T. PIGGott (CHIEF JUSTICE).
E. H. MURRAY P. G. H. WAKEMAN.
her in the mouth, and she called out to her companion in the leading ricsha. Deceased then left her and went up Battery Path. Immediately afterwards accused arrived in a ricsha from an opposite direction, and asked Miss Desbieu what was the matter. She told Mr. H. J. Gedge (of Messrs. Johnson, Stokes him a soldier struck her in the mouth, and and Master) appeared for the plaintiff, and Mr. pointed in the direction he had gone. Accused M. J. D. Stephens represented the defendant. went up Battery Path and after a few minutes The plaintiff entered into a contract with the, returned, when Miss Desbien asked him what defendant at South Shields. England, on happened. Accused said he had knocked the October 5, 1904, whe eby be was engaged to serve soldier down, and she went up the path and saw as second engineer for an ordinary voyagehim lying his full length. It appears that she within the limits of the contract. The defen- kicked him and asked his name, but got no answer dant did not employ the plaintiff to serve on She then took his regimental badge off with a board the steamship according to agreement, but view to identifying him and left him, to rejoin her on the arrival of the vessel at Singapore (Nov. companions. The three then went to the Ow! 27, 1904) the defendant falsely represented to the Grill rooms and there the accused, whose knuckles plaintiff that the next port of call would be were bleeding, obtained some brandy and rubbed Hongkong. Instead of proceeding to Hong- them. He said the wound was caused by his fist kong the Royalist, under defendant's orders, coming in contact, as he thought, with the proceeded to Vladivostock with a cargo of soldier's teeth. Accused and the two women contraband. The plaintiff was given no then, left for the Buffalo Club, returning opportunity of declining to proceed to Vladivos: about 1.30 am. when they went up Battery tock. When the Royalist was under weigh Patli to see the soldier. He was not there, but and leaving Singapore Harbour the defendant they saw a large pool of blood on the pathway. i entered into a verbal contract with the plaintiff, While the three were on the way to the Buf- whereby, ou consideration of going to Vladi. falo Club an Indian Sergeant had come across vosteck, plaintiff would receive the double the soldier lying unconscious at a spot 150 feet wages or the bonus, ard be, therefore, claimed below the steps running down by Beaconsfield Arcade. There was a good deal of blood on his face, and a pool of blood beneath him. 8 constable The Indian sergeant called who was on duty in Queen's Road, and together they tried to rouse the soldier, but found it impossible. They then put him in a chair and took him to the Central Police Station. He was there seen by the Inspector on duty and immediately sent to the hospital, where Dr Bell examined him and found his skull badly fractured. It was impossible to do anything for deceased. who never recovered consciousness and died the same night. It seemed quite clear that accused caused the death of the gunner, and Mr. Bowley asked His Worship to commit
The hearing of the case iu which the plaintiff as damages claimed from the defendant, the trustee in bank. uptcy for the Wai Yuen firm, a sum of $5,000, in default of returning the steam launch Competitor, was continued.
Mr. H N. Ferrers, instructed by Mr. P. W Goldring (f Messrs. Brutton, Hett and Gold. ring) represented the plaintiff, and Mr. H. E. Pollock. K C., instructed by Mr C. F. Dixon (of Mr. Hastings office) appeared for the
defendant.
When the case Was resumed yesterday the Chief Justice said-There is a document which purports to have been executed on January 24, and it bears a stamp dated January 30. I wish to deal with this dcument as it stands irrespec- At first I thought of ordering it to be stamped and impose the penalty, under article 8 of the Stamp Ordin
tive of the evidence.
ance, but I see that Bil's of Exchange and Pro- missory Notes, etc.. "shall not be stamped after execution." Therefore there would appear to be an offence under section 23. It is the duty
of the Court to set in aid of the revenue, and Unless not to receive a document like this. the Counsel for the plaintiff can show why it hould not be done I cannot reserve the docu-
ment.
up
Mr. Ferrers-The document
drawn on January 27, stamped on the 30th, and
executed afterwards.
The Chief Justice-No! Mr. Murray says that the second not3 was signed on January 26 and stamped before signature. His words are I got it stamped immediately after- no. immediately before signature."
Mr. Pollock-I questioned him further with regard to the Bill of Sale,
The Chief Justice-I cannot admit any evidence to vary that statement. A document is tendered and during the progress of the case the attention of the Court is called to the fact that the dates are
wrong, and the only possible solution is that it was stamped after dating. The unfortunate stamp clerk has been deceived.
Mr. Ferrers-Deceived: No. be has made a mistake.
The Chief Justice-No, he has not made a mistake; your client said it was stamped before
execution.
Mr. Murray was put in the box and re. examined. After further argument the Chief Justice said-I do not believe the statement of the plaintiff with regard to the dates, and believe the dates as signed are the correct dates, aud, therefore, I cannot receive it in evidenco, bing not in accordance with the Stamp Ordinance.
Plaintiff was non-suited, and the promissory note was impounded, The non-suit was without prejudice to the defendant's rights under the
:
• Mr. Gedge read the claim and said that the port of Vladivostock was within the limits of the articles, The Royalist proceeded to Barry and took a cargo of coal on board. sub- sequently arriving with the coal at Singapore. The plaintiff was under the impression that the cal was for Singapore but when he saw they were not going to discharge at that port and also saw a Russiau lieutenant in conversation with the captain he got suspicions. He asked the chief engineer where they were bound for. but the chief replied that he did not know. As the vessel was leaving Sin- gapore plaintiff went to the captain and asked whether the vessel was going to Hongkong or not. The Captain replied- No! We are going to Vladivostock. After some conversation plaintiff agreed to go to Vladivostock on con-
sideration of receiving double wages and a bonus.
The Puise Judge-What is the use of going through all this. The defendants admit this liability.
Mr. Stephens We say we are willing to pay the money at the proper time-when the vessel arrives at her final port of destination. We admit certain liability-double wages. If there is a bonus be will get one.
Mr. Gedge-I think I can prove there is
The further hearing was adjourned.
a bonus.
THE BATTERY PATH AFFAIR.
ACCUSED ON TRIAL FOR MANSLAUGHTER.
The bearing of the charge of manslaughter preferred against Aaron Ellis. tailor's cutter. in connection with the death of Gunner Richard Sampson, R.G.A.. at Battery Path, on the 17th July, was opened before Mr. F. A. Hazeland at the Police Court ou the 8th August,
Mr. F. B. L. Bowley, Crown Solicitor, prose- cuted, and Mr. P. W. Goldring (of Messrs. Button. Helt and Goldring) appeared for the accused.
Mr. Bowley, in relating the facts of the case, stated that deceased had been a gunner in the Eth Co. R.G.A. for several years, and had an exemplary military character. He arrived in the Colony on December last, when be was placed on military, police duty, and continued on that
The accused duty till his death.
Was
a
tailor. On the 16th July the deceased went on patrol duty in the eastern district, his term finishing at midnight. Shortly after this hour he returned to his quarters at the military prison. Queen's Road, opposite Murray Barracks, but only remained there a short time and then went out. Evidence would be called to prove his movements up to that
him for trial at the criminal sessions.
William Bissell. assistant engineer, Public Works Department, gave evidence as to prepar ing a plan of Battery Path.
Company Quartermaster Sergeant Crane of the 88th Co. R.G.A. deposed:-The deceased gunner, Richard Sampson, was a member of my company, in which he had served for eight years and nine months. The 88th Co. reached Hong. kong on 14th December last. Shortly after his arrival deceased joined the garrison police. There is nothing against him on the record of his company that I am aware of.
was
In cross-examination-I have known the deceased for about four years. I knew him in Malta and Ceylon. I do not know whether he a teetotaller, but never saw him take a drink. I know nothing of deceased's character regarding women, but according to his attesta. tion he was unmarried. The
feel very company strongly about this case; the feeling against the accused is rather vindictive.
Sergeant Gillespie was nextcalled. He said- I am sergeant in charge of the military police at Hougkong. Gunner Richard Sampson was a policeman from December last until the date of Lis death. On the morning of the 16th July deceased came off duty from the Meance on which he had been for a week, Between seven o'clock, after he was dismissed, and 9.45 o'clock, he could go where he pleased. After the 9.45 parade deceased was on patrol duty at the east- ern end of the town. When I was going my rourds that night I saw him at the corner of Arsenal Street and Queen's Road East. I was in his company until 11.30 p.m. and his patrol duties finished at midnight. At this time he should return to barracks and report at once. After midnight the military police are not al- lowed out of barracks. At 3 a.m. on the morning of the 17th July, in consequence of a telephone message received, I searched the barracks but could not find the deceased. I next saw him at the Government Civil Hospital in
unconscious condition.
an
In cross-examination-Duty on the Meanee is not popular. Deceased was not a teetotaller,