-
wude for a refund. In the real I hare come to
the conclusion that Tam Sanid he acted
auder the authority of his master, in December,
MAIL, SUPPLEMENT TO THE “HONGKONG DAILY PRESS," JUNE 21ar 1933,
than their prosent day,
With those remarks, goulem». I
iraling-ons, and then, he was not cossi to impoan's the agreement if they come to know meant Tis. 25,000 or nothing. But, apart himself he would be treated propers. He got day during a squall. This was the first squs the ice and take it myself. It was not usual and hard working man in our Landen Apot from any such inferense, I rest my, decision exercise every day. I waited on him myself The wo had stor leaving Bombay. Every evenis far su during the lust vagars. I turned Button Mr. Guttmann, and be has certainly been trying dired as acting for bis master or by his ordura of it. He stated further in cross-examination But did the plaintiff give the assistant scannt that his bill of cortes in the matter in question, hara on the two familler legal maximus skip gotaground on Thursday 19th, April. I read road arly all night in my cabin. I was oft away because he was insalat and beca ha wne to do his very host for the company dar el ant erpantterity in this particular easie? made up in the ordinary way, "would not be Expressum facit cestare tacitum, aut Verba the entry on the lug concerning the occurrence. da deck at airht for a fow winates during the of the wind. His ihale, a slut in mying this translation, as his trans free han After careful consideration I have conce to the muebles than fl. 10009," zelusive of chartarum fortius accipiuntur contra prs. From the 26th Marel till the 11th May the enn-date anti-and. I have no reason to be on deck to ms Don't make a fase Koost it te didn't sad dimensions that are tool, i asso conclusion that he did. It is admitted that he disharements; and it appeared that the aforenten. Mr. Wainewright drew the locnmost fruit of the grow was bad. They did thole work during the day. I never give orders to any threaten we or swear at the. He mud that I ll with our means, and moreover they wald not be know of the asclenge of the noto, 11 tinti tecolent unpaid costs would amount to come which he relies on, and it is silent on the matter cursing and awearing the whole time. Thay body but my tires officer. I did nos hatween steak bim. The chief aller sus biting about snflently controlled by the Tias: 1 best give question. And I would hare point out that, were continually singing sat "Another pall for those dates. I may have given orders to the se- 12 fost from I was very much anerad by eatisfaction. As far as a prefine is Oao day cond offiner during that time. I cannot remem- Balson's answer, otherwise, in all probability, conernal, I regret to say I can solve you I would have given my order throngh the chief much inforation. As you an aware it is al was left behind by the oustamor, and that he had Tia. 3,000.
At the outset of his asse, as I understood him, it is silent on that point, it is very explicit on Jeans," and Home Ryfa for Ireland. bespoke to hy the customer about it. It would also appear that the customer said that be ha site the Solicitor's Romaneration Act of another point, viz., tlist the remuneration was to fortimer locked down the saloon skylight and be. I gave several orders to the stoward co had asked the master of the Fan Wo Chan to 1881 (41 and 15 Vist. e. 14) as justifying and come out of the money recovered. Now, I take called out: Come up here, you old Bgarding my own requirements. I ordered the ulcer, to sond another mean to the wheel. I ways a rather diffrait task to state welly what resso, he at noonoomsel movof, afriking rive at tho.decision to lienidate such -cotapany. have it changed for him. The native bank supporting an agreement of the kind, but at the it, that is a stipulation which the few does not On the 11th of May I was on deck at 5.39 m. stoward not to give the stowaways my mast-did not toach Baison in any way whatorer, the position of a mirine insures coa muy is, witness all wear to the fact that Tam dan Lelose of his cast, he said he would rely on the allow a solicitor to make; It is an additional Baleon, the 11th prisoner, was at the wheat. I only bread, tea and caffee. When I found the Chu the spar of the moment, without any this meet to when moto of los guldeny you as At mark of champerty. In Strange . Brouman found fault with him for bad steering. I said stowaways aboard I put a mano to that offset
works before this. No outry was made in the out satisfactorily, and fast we way b in a pasË. kad said his monster sent him; and that he would earlier Act of 1870 (33 and 34 Vict. o. 28). not say srything almul nu offer until he told his this time it had become apparet that the Aot of (10 Jar, 640), where the agreement was that the "Where are you going to with the ship in my leg. It was about 10 o'clock in the arkim, I had had trouble with Bigon some We must hope that the winding up will a master, nor whether the Yan Wo Chan would 1991 relating, as it did, only to conveyancing attorney was to havo 10 per, beth on the sum told me not to make a fuss abeat it, and said ning when the captain of the Matterhorn came agrna to rufand in case of non-payment. They and other non-contentious business, had no op-recovered exclusiva of low sharges, it was oon that I had struck him, which la ag abouinable aboard. Es stopped to dinner with me. Wo log of any complaint against Bulson utile at the next anting to les ligeres o for tendel on his behalf that it was not a case of falsehood. I then took the wheel from his and had dineer at i p.m. In the afternoon had the 11th of May, affort causes me of strik you that will prors that smal & hope had sens alne state that ho me back and said the pliestier at all to the mutter lo question.
The plaintiff's Counsel, in opening his case in obaraporty, but the Lord Chancellor interposed stored the ship invaelf, I sent him away from glass of brandy. I don't think that I'm more ing him. I unde an entry in the official Fog in Estelation. With regard to one br master agreed. Tam Sun's conduct also a the Hongbong Bank goes for something, as reply, argued that the agreement was bad even sit not exact chanaparty? It la divide the wheel. I certainly did not strike the man, and During the time that captain was reference to the affair at the wheel. Balsou cas only rop-at-what I nential on the last well as the distatiszts of the mastor of the under the Act of 1870, much as it was not the prodnou of a suit And it seems to me On the 14th May I was on deck at 2 o'clock in aard till 4 p.m. we wers hath on the poon, was in irons for rufusal of duty some time ha occasion, raboly, slant as they etoad in the books I was not so unveil that I conlt ant de may the air in the log. Rasen tod mo, when I try shoni, who redisul, produra fair Yan Wo Chuur in March, who application was siguity both parting, and he cited is support that she objection to such agrements which use the morning. It was the chief officers watok. After leaving Bomby I was very unwell indeed.fore. I did not think it worth while to enter at anch He was ring nsleep forward who duties. I have not recovered from my illness entered the sonrrenos at the wheel in the log, plus. of that position the onse of In ri Lewis (L. R. existed from the client times, viz., that they! I heard the unto give Balsoti orders to go an the 1 B. D. 7:4) He contended further that the ware against the polies of the law, inasmuch as look out grooment was illegal as being in the nature of they tended to the increase of litigation, and called. 16 was his watch on desk. He positive-set. When the ship was in Bombay we ashore that he did not care for my official log. Ho beg te propose the following rusohelion That I would keep him without food or water till sociation and ander the Corpanies' Orcivanens and that he really did so act silhough it saits champerty, and gantod on that point fs repartook of the nature of wagers as to the issues Ly refused to obey orders. I then pat him in aboutthree times weak. On the day that the on-could wat stess us well as the great majority to company he won up rautarily in ne
I consider hut | 1865 to 186" both to deny this authority now. He gave a re- Attorneys, and Solicitors Act, 1970 L. R. of euits, has simply monivel statutory expression confiramont for not complying with the demands tals of the Matterhorn was aboard my ship it of the mug, abbard. I did not tell him that cerdance with the Company's Artichon of As- Mt. F. R. DELLios senonded, turd the resolu ceipt he admits as proof," which corroborates 1Ch. D. 573). I said he would also contend, in the 11th motion of the Act of 1970. Whea of the chief offloor. I kept him is confusment was not the first time that I had been visible
TO CHATENAY-The rookstion whe La statement of the bank people in their version if need be, on the evidence that Beajamis uerer by that Act, for the first time, solicitors were without food or water for hours. I produce the to the whole of my crow. I had been ontwa got to San Francisor. front is perhaps not unɛatural in order to escape i tast, even R he did, he was under "undue in-rect basis than had hitherto boon permitted; time of the assurranse. On Tuesday, thu 15th the day we met the Mullerian, when the ship captains to use against uilers when they think tion was carried unanimously, of what icok place, sat the prasant change of apprebendel the effect of the agreement, but permitted to large for their services on a dif- extracts from the log, signed by myself at the ace in the day time before that. At quon, on starvation is a proper note of procedure fer
To pre with sectious 144 of the Artistos of Associa forls it should not be saddled with. The ownet cases of solicitor and olious. As it appeared to ogalmat charoperty. When the Inter Act of and Daly excepted, twelve in number, came to me and lodown alongside. I gaze orders to the ranto him feet or water. He was trying to knocknari unanilionsky But is valid in accordanc a liability which the boarding bones no doubt fluance" within tas meaning of that term in that section was ireverted to confirm the old law May, at 6.50 p.m., the whole of the men, Thomse was going at about three knuts, a loob was get out ft. When Balson was corfino E did not give
me that if either of the first two cbjections were 1891, on the other bant, was passed, we fiud no aft to demand the release of Balaen and Rumbeck at o'clock in the afternoon to get some of the the cabin down with his handlatfe
to fio him up ever the salin dour. The cope ust be disso ved excopt al no griraordinary of the note is hore and Es will doubtless intem- nife the boarding house, but 1 am satisfied this sustained, there would be an end to the case anch proviso insertet, because that Act dealt stating that unless they were let out, they would row to take the stowaways away to the nt rent his riolant behaviour I got a flees of rope tion, madingas fellows: The Company skalt ptive beak did not know Cherng hing Nata in without the plaintiff having to give any erid. with ropuneration for non contentious business all knook off work. They ope right to the lerhorn. I vanast any what members of the
the fourth defendant, was the ringloader. Iterhorn myself with the boat. Captain Wilane He had had no fool since the morning befora. 1ly for the parposs, at which a resolution pro the matter, and that they gave exedit to plaintiff enes at all. I called on Mr. Wainewright to only, and there was no sneh mischief te be cabin door, and I warned them off. Bemanan, crew got into the host. I went over to the Het was put though his arms with the hondents on meeting of the aburshokters locatieil expres Baving thus held that both the objections to refused to comply, and they went forward. At of the Matterhorn and my chief officer, Mr. admit all that. He would have busu tried posin dissolution shall be curried by a majority
Two of them ware Littlehome, woyo with me. I cannot say what through his sent, who had express authority to reply to them, which he did at the adjourned guarded against in that class of business.
came aft The same evening the whole of the by mexy, one half of the antire namber bind him. Jalgment will therefore be for the Leuring.
He began then by admitting that the case the validity of the apivement are wall founded. 3 p.m. they came aft again. plabitiff, with interest from 19th March, with
ngreenment could sland, but before dealing with three fachaion points, as the detonieus estled and they left the main body, walking up to me brow were not. I think, glad to get rid of the crew came aft and demanded that Bambook and shareholders of the pony at tlu: loust, whrists was narrowed down to the question whether that it only rerungs now to consider whether the sent as a deputation, Brennan and Sherman, arabere of the crew were pulling the boat. They shanted" mardar" and some of the crow of shareholdem representing, oftline in person or It of the capital of the mopaay."-161 share the two objections in question, he took certain them, whieb l'left to be considered latar, avail on the poop deck and ordered me to put into stowaways. I telfave sons of that crew coureted Balsa should have their irons taken off Rumanitosha shall represent at least two thirds technical points (as he characterised them in him The first is that the procedure for attach-Hengkong, stating as their reason the the ship them among the cargo I do not know, if the beak was not in irons.. I let Balson out reply to the paroly techzoal one which, he said, ment of debts canust be applied iu respect of anlund been ground. No damage had been done ure shared their meat with the stewwas had been ory intention to keep Itambook in con holders Emis presented or a person ne br had been made against his. I will refer to these unascertained balance. Four cases were cited to the hip by her grounding. She has never When Captain Williams was on the prop desk Enement till so got to San Fraison. I would proxy, ent of 316 slaweholders reprasouting Inter on. Meanwhile I proceed with his answer on the point (Johnser. Diamond, 24 L. J. Fr. muile any water sines I had bean in ber-7 years. with me, my thief officer rau up and said There's Live at Ratsen it na had not given in. 1,018rs, having given their votain favour of To the ba confirmed at a subsequent noting, of which In the Supreme Court at Shanghai, on the to the objectious to the validity of the spremont. 217, Jones v. Thompson 27 L. J. Q. B. 234, Hall There were therefore no good reasons for the mutiny shant I have been knooked down Wher the crow demanded the release of the two sun.
In reply to In re Lowis, he pointed out that. Pritchett, L. R. 3. R. D. 213, and Webb wishing to pat into Hongkong. We grounded on with a crowbar." I thought then that meet the mon it was butween 6 and 7 at night. 13th Juxe, Mr. Most, Acting Chief Justice, the agreement there was signed by the solicitor. Stentou, L. R. 11 Q. B. D. 618), but none of 19th April, and they roade this remark on the 15th stowaways haul men guilty of the act. I had no best of my knowledge the whole of the are
THE RECENT FLOODS IN. THE delivered the following judgment in the above while in the present case the client had signed them appear to me to support that contention, May. Till the later date they had never ques. reason to belies that the crew were matinos, or with the exception of Dry and Thomas came. it), and quoted Lord Thesigor's remarks on that or indeed to be in any way applicable to the pro-toned the safety of the ship in any way. The aiding the stowaways in any way up to that time. Braunsa was spokesmane. He sale: Let
EASTERN BRANCH OF THE CANTON BITER. The plaintiff in this case is the widow of case in Bewley . Atkinson (B. 18 Ch. D. at seat case, which (it is soient to ear) is distiri-ship has since been surveyed by Lloyds Surveyor got my rerolvar and want along the 'tween thear men out of irons, or we will do no more Renjamin David Ranjamin, recently deceased p. 295). decided in 19. The Lord Justice guished from them all by the fact of the undis-and bean prenonseed clean. I refused their dedecks and than is the fore hold. When I was duty," I answered," Certainly not." They then
The Viceroy and Les Gavernor at Canton, in a l'ha defendant has been a Solicitur of the Court there certainly seemed to indicates doubt as to pated receipt by the defendunt of a deflate sum of and to put into Hongkong. They all went for in the 'tweendroka, the second officer, whe I had went forward again. This was all that happenel ing when I ordered the change of the wheel and me and went down into the lower bed. Lemnat delocks twofthecrew, Brenan and Sherman, came since 1872. One of his clients was Benjamin, whether it were goessary that both parties mary betonging to the judgment debtor forward sad went to bed. At 8pm, tha come ovsuses on deck corced with blacd, rame down after let Uaison cat between 7 and 8. Jout after 3
On the 2nd point, viz., that a judgment crodi.he lookout the men jared at me, and one of the say whether the second offer was on the "ween aft to me and said: "If you don't put the ship into memorial perived in the Fring Gazito ut I do not know Hongkong we'll do no more duty.". I refused to 31st May, states that, rain having fallen there for whom he began to not in Slay, 1977, and for shoukt sign an agreement under the Solicitors which he has ant scouted. whom he continued to not practically notil Aat, but the decision in In re Lowis has been
follared in a mae subsequent to Bewley, Atkin. tor court set up a claim which the judgment officers to had take the wheel. Thomas heal been decks at the same time as I stng. Benjamin's death, on the 9th Jannary last
son. And, it happens, in the very point in the debtor never set up no cases were cited. andIup-jat the wheel and Daly on the look out. I had whether any members of the orew were on the do this. I heard one of the crew say When the without intermission for several days during the "
tween at the time. I fired the first sant I saw from my revolver from the 'tween data, back I heard nothing olen said. They did that the embankments of the West and North In February 1885, the plaintiff obtained deren of judicial separation from her husband.resent case by way of alimony the sum of 'la. 150 monthly, the client alone, and Fry, J., is giving judg claim, cannot affect the existenon of the right Brennan and Murlimer ench take a dnok and aired into the fore haid into a dark place where not threaten to shoot me, or to hit me, or to in-Risers might be in danger, and therefore sent together with an order directing him to pay her tried in 1881, the agreemont bad been signed by judgment-debtor never attempted to sort a Merrier barst open the galley door. and the casts of the proceedings On the 28th rent, said :-- This agreement is signed by Mrs given to the judgment-èreči'orofolanningmoney | plnak ana-eck them. They alee robbal the the chiòf offiser told me a stowaway was hiding. timidate me in any way whatever. My ship is offlours to assist the authorities in alcong- that on that date there was due to her under natan agreementinwriting within the meaning of If it were otherwise, debtors would beabla to place stores were on deck. They did no more work unaturboard, sila of the fore hold, by the ebuin an iron ship is a usual securrence. The same 'howerer, to be esp.utation of the memorialiats, December, 187, she filed an afdal, alleging Fittonly. It is said by the applicant that that is due to the judgment debtor when it can be found arpenter and bateria of their stares. The The mate fald me that the ran was in the twenty years a
The second shot I fired was from a perpendionlar crew wanted me to put into Hongkong River than on the two others, the water there or 18th. At 8 pm on the 18th Shaakoy samo
wooden ladder. When I red the third shot teenasu tho skip had been shore. the order the sum of T's, 2,381 40-sa allagotinn i the statule. 1 think that proposition is córrupt, or leare funds in the hands of third persons, and the 15th. Neither did they do any on the 17th locker. The chist officer had a rerclver also. night as 3alson. was released from irons the fairs were reh ora serious on the East Whether rising frous-ton to twenty fuel. On the 13th of Very well," and sent him on the look was in the lower hold. I did not fire ail three ture or falso, they suggested that the ship was April the Prefeet of Hut-chon Fa reported the defeat their creditors,
forward and said "I s22 going to turn to I re- out. Al the rest wont to bed. On the 19th shots in the same place. One shot went off safe through having teen shore. The day surrence of a terrible inundation. plied between 12 and 1 a.m. Custer came aft. I evidentally. On my way to the fore bold before the ship was surveyed in Manila I was offices and private baas in both towa and coun I told him through the after hatch. I met Rumbeck. I did ashore all the day. When I get back to theter were alike Hotel. An offer, was in do not know what he came for.
costs.
THE CASE OF BENJAMIN T. WAINEWRIGHT,
:
THE COMMENT.
0950-
that is not disputed, and alleging farther that. The Act says 'no agreement in writing. What an she was informed by her haakond and believed, is an agreement in writing? There must be a the defendant was indebted to him in more document which shall show all the terms of the than that amennt. Upon this the anal garnishes bargains hetween the parties, and show by writ order was made, rttaching all debis une oring the ascension of both parties to these terms accrnier due from defendant as garnishes to So it was held in a re Lewis, ex parte Munro,
the judgment creditor and the garnishen should regard to the words of the Act."
th said Ball Eres Wainewright on nosount
100 guineas, I am of opinion that the agreement not legal."
To sired by the said obert Ernest Wnioswright se solist from the arid Henjamin David Benjamin on beforehand to accept a sua in Lieu of cost is account of fees and disbursements or otherwise.
At the logo of the hearing the 4th in
The result, therefore, is that the agreement cannot stand under any of the Acts, and cone quently I might pass over the other objection to the agreement, viz. that it is void on the gronad
proper to deal with it also.
The case hare relied on by the plaintiff waR my before the late Master of the Rolla, Sir George Jessel, and is reported, in LR. I Ch. D. 573, and 45 U J. Ch. 47, under the title I re Aliceuays and Bolicitare Act 1870. Thore by th-groement between solicitors and their. 1 the mid Robert Ernest Wainwright was in-clients it was stipulated that in the event of debted to the said Bejaria David Penjarain on the the solicitors succeeding in recovering certain 28th day of December, 1997, as he indebted to bo exters of Th 2,331.40, or, if cob, kent less extent Proporty for the clients, they should receive in edition to the costs ordinarily allowed as be-
by consent altered to run as follows:
.....
The son of Tls 43,000 ulioned in the Sedereen salleiter and dieut. 10 per cost, on the issue is referred to in a letter dated 27th De- ralue of the property recovered, and that if ne sember, 1897, and addressed to the defendant by Benjamin. Mrs. Benjamin usd returned to properly should be recovered beyond a optain legasy mentioned ia the agreement, ne
Shanghai, 27 December, 1995,
(TL. 450) Forty-67 thousand taels in bank notes,
which received from Mosan, B. D. Sauce & Co.,
and out of which amount yer have paid on my au
conut as follows:-
Incoding the au uf 2,500 paid to R.
To the Purser
To mest times
A. Gabbar, Leq
Balance owing to ne
Is your churgos.
wife and children. Yours minecraty,
W. B. Jainismon, witavas.
Tis. 7,000
3,000
8,000
TV: 20,000
25,000
be deferred till Monday (18th Jane) if that would be convenient to the Court.
1
I
Juba.
The resolution jast pussel will used to due notice will be given in the public pages.
Rauning on sure with thering them as might be required. Contrary,
The first muta talí mě
CHINESE INSURANCE COMPANY, LIMITED.
A meeting of the alareholders of the above
Public
Next, arepart intre from Ho-ynan Hsion, fur-
the east. Inside the city they were too fast.
of water. The homes on the river bank were fu
meread up to their ores, and in some cases even
the root-taps were buried. The authorities were
The 3rd point, that none of the Solicitors Acts apply out here, does not, in the sirou matamoes 'he defendant's whole exte, then, not only the of the ours, seem to me to require notice. sabatantial but also the technical points. hav Bonjanir, and a subsequent order, directed that which decision, in my opinion, is correct, having ing been thus raslowed, I have only now that neless the got away forward. I would not speak to him. He said "I wouldnt go down (ship. the chief officer told me that the fora peakmediately de-ipatehuil by steamer is at the local to decide the 4th issue, as amended at the shoot him like a dog, and that any comme- there for £5." After 1 had got my receiver was full of water and that they were pamping anthuritice indiesa di Scu afterwards proceed to the trish of 'issues, wherein thef. I sustain, therefore, the rat objection taken hearing: Was-the defendant indebted to the nication tu hud to sinks to me would have to asked Captain Williams to take chargo of the ship. and baling it out. I did not then go towards; nowa arrival that the ombankment at the towIZ judgment creditor should be plaintiff and the by the plaintiffs Counsel to the validity of the judgment-debtor on 'ike 28th Decembar, be made in daylight, and not in sering, when hix Tan above twoɑonversations were the only oues I the fore peak. I did not go into the fore peak of Pulung in the district of Tang-kuan had been garnisbe defendant, and that the quest'ou to be agreement under the Act of 1970, and it fellows (1887, to the extent cf Tia. 2,331.49, or, if not to abipmates were asleep. On the 19th May we bad with any une, between the tizie tant I left till noon on the next day, when the surveyor hycken through, and some scores of villages were shot. The second shot that I frei was aceiten foro pak before thai, cinco the ship hug (Shek-long the poor poepfs had taken fried tasrein shởuld be vhether the garisbrestat we have to Inok at the agreement as it would what loss oxtent P. On the dsLadant's own veighted land at about 3pm.. and the crew did my cable with my revolver till 3 fired the first woul with me, I had not beaa into the der water; ut lower down stream at Sirik- was indabted to the indgment debtor on the stand muder the earlier Act of 1943. The case deas, I find that he was so indebted to at least nothing till 9 pm, when they turned to. From tal. After the third shot a stowaway came run-left England. She left England on March 24th. Frufuge on their bone-tops, where they were in a prepared on behalf of the plaintiff and approved in 1860, at once, aettles that question. There costs is Tls. 10,000, exalunive of disbursement ther. Or the 16th we End a squall, sad during wing out with a crowbar, and cried it "I sur 1887. here is a donkey engine aboard the ship. state of extrazao dungey. The memorialists at 28th December, 1897. Issues were subsequently of Philby v. Hazio 29 LJ, CP. 370), decided that amount. Tis own estimate of his bill of the 15th to the 15th May we bad vary bust wea
the four jules of the Common Ploss all held which were stated to be Ts. 590: 1here was a the time it instad I could not shorten sail for reader. At the moment the war came but, the The ccals are kept in the fore pesk. The coals ones dispatched a murder of steners and laun by the defendant. They are na follows:-
1.-Wather tha said Ecbert Ernest Wainewright that an agreement between an attorrey and his Litt for antecedent costs of about Tis 3,000 (uit want of hande During those fear days the chief ficer orme up and covered him with his were put into the fore peak at sea, after leaving ebes, carrying oflens provided with money to was on the 25th day of Decembor, 188, indebted to
a lump sam for business done by him, was void; his evidenes, shows (omitting the moner claimed seemed anxious to help us. Myself, the ahist the revolver was pointed at him, at the mate's were' about 2 tons in tha fors peak.. 1 nagko u be used in transporting the people to places of Benjamin David Benjamin. was on the 28th day of December, 1937, veenmatahie hat thing more. The same rule was laid down Tls. 6,604,80. When theea sume oro added to and the apprentice, worked the ship daring over to the lee aids amidships and go into the unact say by whom it was put aboarst. Wheu himself carted for the scans of the disaster, aud
is
that used the crowbar was a military deserter casing round the pipe last it was complete.shas; thagh which pass, the embank the mail Fenjemin Navid, Sangmin and.for..monies Lord Bailly, M. B, said, "Ar to the bill of than the amount due to the judgment creditor their work and brought the ship inte Mail Nahrdy took him. I believe that the stowaway some left in the fore prak. When I saw the the districts of Pug-kaan, Pe-lo, and Kusz dr. Willinen, ecousel for the plaintiff, moved The mez had provisions all the Liars that they After we got him out I want along to the after There are three or four bars aboard ayments had given way in many places, and the
were off duty. Their articles and mine differ Mr. Waitewright said that otasidering the slightly in regard to food. The difference Duly peak and after some searching with lights the ship. It is very possible that the carpenter centry looked like a witte sea. Especial terror.
crowbar. for judgment for the amount clained.
The carpenter night and ben cased by the breaking of the Fu-lung the embarknad, which was a high as the city very short notice he ought to have a little time affected them for two days. Directly they point other two stowaways were found. They were used 3. Whather the stof Trois (D) or thereabouts
ed ont the difference, I went by their articles discovered by the boatswain, the apprentice and have made the marks that I NAW ruceived by the said Robert Ernost Weinerright in
before thual iad gmeat was prononcoad.
His Lordship-Certainly. There is no hurry. When I got to Manili I immediately went to the chief offer. When found they offered no casing. I did not go to examine the lank wher walls, art had stood ankarrard for more than a or abont the month of October. 1985, was received be
M. Consul sud gave him particulars of the case. I resistance, and after some impertinent remarks heard that there was a leak in the fore pas dred years. Ontiuarily the East River has hin for the wee of the said Benjamin Dacid Benjamin
I take it.
Mr. Wilkinson said be only muds the applics took fner of them. Sharkey, Brennau, Mortimer, to the, they went up the after hutch cu desk. 1 preferser waiting till the next day, fill the only fire fest of water, and even ligh draught whether on the 13th day of December, 1887, 3
tautales queat pass Beyond Shih-lung. Now, baland Fans due to tue smid Benjamin David of champerty, but as there was considerable Benji rapect of such so so revod
inf Tite-rid Lan Banjamin maintaining the aura-discussion on that branch of the case, and as it tion because he thought it might be souvenient and another, before him, and they promised to ga When they got on deck the man Mariner sait survugar had seen it.
is.no doubt of general importance, I think it far the Cobri; but he was quite, prepared to back to thoir work. Idemanded a Naval Court to me Lot these men go into the forecastle for what he had done to stop the leak. I told him bowever, it has been converted into a roaring of Enquit when I arrived, but it was not grant their clothes." From the time welaft Hombay. to get the stop cook in order. Supposing that tayyond over twenty feet dop, and stretching s accede to 31c. Wainewright's application. tire ai the sd Rebert Ernest Wainowright the
Mr. Wainewright said he thought it mighted me for ten or fourteen days afterwards. We self had never been into the forecastle. When a hole or cat were made in the pipe the stop far as the eye mold pack. in Uni-chon Fu it rogative thereof respectively.
If the exid Robert Ernost Wainewright was in
arrived in Manila on the 22nd May, I went to Mortimer spoke. I as obliged to les the masu gcock would prevent any damage being done. solf ile wzier had fallen a couple of to, but still the Congal on the 23rd. Previous to the sitting into the forecastle. Clothes might have been given I do not know whether szy body on board inch resinal. Ogiside the town it came Inf debted to the said Benjamin David Unjamin on the
the stowaway by the crew without my knowing know of this stop sock. I have been in irou way up the doors of the ass, but not many Rth day of Dovember, 1867, in what an was he a
His Lordship-Then let it be on Monday, in or the Naval Court Brenuse and Bullock re- anything about it. I logged Mortimer for talk-ships that here no shop conke. The stop buildings and faRen. The greater park, however, indebted.
Enited daty.. The former refood duty on the
cork was not damaged in any way whatever of the grain avers of the psophs had been car chambers.
Mr. Wainewright said he did not cars where 26th at 6 am. He sume aft at that time anding to me as held. I was very angry and ex-
He said Captain Watson, cited at the time. I was not excited by had there be no stop cock aboard the shirind away, and the sugar which forms the chief want a pound of tobacco." I refused to give it class of brandy that I had with captain of the had nothing been put in the leak to stop it, no staple of the region had dampered in the tile.
1 bad hem could have come to the ship. The fore Tuder the Governor's superintendance soup-kit... it was, but he thought it might a wall he in demanded tobeces. open Court.
His Lordship expressed his assent, and the him, and he went off daty. They raplained off Matterhorn at dinner that day.
duty till they were giren into custody. Twelve trouble with Mortimer bajors that day. Tik pork in onseted with a watertight bulkhead, ben we establishes and supplies of rice fetch- neu were given late custody. Colins. Daly might have been ten days after leasing Bombay. The only harm that would be done would be the from Caston, that tood might be within Court rose.
1 was sitting in the cabin reading, wie losing of the fore peak. The bulkroad might the renca of everyone. Thomas, and Cutter ware not imprisoned. A ALLEGED ATTEMPT TO SCUTTLE survey of the ship was ordered by the Consul alimer appeared at the skylight and yelled out to love given way had the water gene in the main
You up you b-
I cannot say hold. If the bulkhead bad hold thers would A SHIP.
a diver went and examined bor miuntely on
have been no danger. The hole in the pipa both sides. The result of this was that that, this happened before or after inne. I san
net accustomed to being spoken to in this way. is a slit. It has not yet been mondod, tis bor husband some little tim Fore this. He percentage should be paid on the ampant of Sixteen seamen of the British barque Child the ship was found to ba in every way I won norgriced. I did not get bit logged or eat might have been one by any strong was then extremely ill, ind died within a such legacy, but the solicitors should receive, named A. Mortimer (27) W. Sharkey swarthy. The night after the survey was
The ship punish him in any way. I did not complain to knife, not by a sharp piece of metal. By ca- busy instituting relief-stations, or forging po fortnight after the letter walten. It was merely coats out of pocket. Before anything 961, A Back (42), M. Brenan (23), P. French held I came on board at 5 pm. in those lermus :--
was done in pursuance of the agreement, toe (26), T. Bullock (95), T. Me Murty (31), Kaster was lying, five miles from shero. The chief the man about it. I told the chief officer, the son for saying that I think the ont was dero by ple truss and placing them for safety on the city shoath knife instead of a sboral is because it walls, though the walls themselves had been soldiers ambuitted it, under the provisions of 80 W. Rambell (28), J. Sherasan (44), 7. Balson oner reported to me that the fore poak was fails trinining the yarda. He said that he had MY DEAR WAINWRIGnr,I lay handed you the Act, to the Taxingmaster for his opinion 24 M. Swan (96) J. Collins (33), J. Daly of water. I produce a sketch made by wygalf of not beardt. Nobody but yeall, that appears to have bech deliberately done. The washed down in places.
Was aware of, hoard Mortimer speak to met
first mate told me that he thought the cat bad Thare are two rivarsat Hoven Hsien, th The space iu whether it was fair and reasonable The (26, P. Thomas (28), G. Ryan (84), were brought forse part section of the slip.
I did not think it necesary to log him. The been done by a cold chisel. Everybody in the larger and more easterly one comes down from Taxing master certified that in his opinion the up at the Police Court on the 18th Jane, before which the water was world hold about 45 tons of agreement was in contravention of the 11th Mr. Sercombe Smith, charged with maticers coal. The water was is the lower division of evening that the stowaways were sent ef, I call ship can go into the fore peak. Although I have Kiangsi, anil bas two principal branches which section of the Act, but required the opinion of weduct and attempting-to-scattle the ship in the fore peak. The water ross to the tween decked all the men art and I ordered Bambok inte been keeping logs for i yours I don't know the join toge her above the town of Lung-chan: I did not enter his offence in the log, berale relating to an offcial log boing kept in The smaller one drains the contry to the north a Court of Equity to be taken tharsou. The Manila Larbour.
beams. The chief ofte stopped the leak with irons.
and west and runs into the larger just to the mattor ese before Sir George Jassel, who
Mr. Wilson appasted for the prosecution, and parchment, caaras, and white lead. The pipe is fore putting him into frous. I do not remember proper sequence of dates
the conversation I had with him. He said to This concluded Mr. Dennys's aross-examina-orth of Ho-yusa. Torrents of rain fell with thus expressed himsel To guard against Dennys for the defence.
24 inchas high Next morning I comaruni-
me "I are not the man. You've got the wrong tion, sad the case was adjourned till the 20th out stopping from the to the th of April, champerts, sertion 11 provides that nothing Thomas Alfred Watson sworn-I am the rated with the Consul, and he appointed
man." The corpenter of the irons on hin
Hola rivers were in flood at oneo, and their on- in the Ant contained shall be construed to give master of the British barque Childwall. I have second-survey of the shipIegaiu want
tenta could not escape quickly enough. The This was abant 8 o'clock in the, sening. I se cene. The valinity to any purchase by a solicitor of the besa a captain since 1851. I started on a voyage down to survey the dainage
lected Rambeck because I thought that it was
water therefore upraad out right and left 20) along Kindly bend over the balance for the bereft of my laterost, or any part of the interest, of his from Bombay to an Francisee with the Je pri pump in the fara peak is entirely cased the who had thrown missiles at min that after.
ho rivera coness of 280 1 from Ho-year to Hui- olieat in any snit, action, or ather contentious oners who were portion of ins crew. Some of from top to bottom with timber. I found that
Doon. When he was put into iron the rest of the
ohou Fu; and below Hui-chon on the 9th and B. D. B. proceeding to be brenght or maintained. to them were shipped in Bombay, some in Calcutta.thran places of the casing had boon removed, tho
10th the was a rise of inure than twenty foot give validity to any agreement by which and somn at the Maritime. I produce the articles tours of a crowbar bang on the retunining grow went away. I had no trouble with ther It had been enclosed to defendant in the fel solicitor ratalnud to prosecuta ony suit or action, Ws left Bombay on the rd March. Un the casing. There were about 15 inches of casing A few minutes afterwards I let Rubeck out lowing letter froza Mra. Benjamin's Cotineel-stipulates for payment only in the event day after we left, Sonday, in the morning, three removed. The pipe, is made of lead. It had again. I don't remember telling him, when I Company was held on the 18th June as the after which the rental of foe weather brought from the country up stream from He-ywa, NO Shanghai, 271b December, 1897. of success in such sunt, actice, or proceedingstowways appeared on deck. On the 24th of been pierced by some instrument and the water let him gs that I had made a mistake. I was City Hall for the purpose of considering the light fail. No nows he yet been rewaived
mistake, because he state of affairs of the Company and passing a
Haring despatobed relief to Hoyuan, the short, any agreement which amounts March I met the Liverpool ship Metterhorn, was streaming through. The holes were slits are that I lid not make
He then, while, bolding that
I kept him confined in irens for 48 hours. I Company. There were present Messrs. St. C. Ar of forty ve [thousand] els mated to you a the opinion of the Court cogit not at that time homeward bound. I got a boat out, and went and appeared to have been done by a sheath is the only tall man in the ship. For his offence resolution for the voluntary winding up of the that it is not known bow it has fared.
avar to nst the captain if he would relieve me of knife. The stream from it, when I saw it, was bis aaccant, in which, after giving credit for certs be taken on the agreement, w nothing had then my surplus men, which he agreed to do. When I aeren fest long. The damage could not hare? cannot ewest that he was not in irons for a Michelson (Chairmani), W. Wotton, F. Dodwell! Governor harriol Luck to Chuton on the 18th of Ana preliminary slop two thousand piculs of payments ande by yon, he states that there is a ba and owing to bim of twenty five thousand toelties become payable under it, addod-"I may sweat to transfer that, I found that they had stow been caused by wear. There is no doubt that week. On the Sixuday morning at 8 o'clock Hon. C. P. Chater, Li Y. Ohnen, and F. B. Aprile sunsult with his colegas the Vicary
ed away a second time amongst the cargo, which the damage was done wilfully. The second he was put fato irons again. Its complained Elias (Directors); E. Georg, A. G. Morris, T. £.
for innudist us, one-half tu the towns ap your charges, and be requests you to hand over the however, for the knee of the parties, that balance for the benefit of bia wife ad obildren. On my opinion this agreement is pure champerty, was of railway iron.
The water went down to plan which I predince, is a xkotch of the forecastle. that the irons were rusty: I then lead them Rose, Hon. Wong Shing, E George, M. Grots, rias were bought at Canton sud despatched behalf of Mrs. Benjamin I shall be glad to know what giving at it does to the solicitor in the contin search, and a few miantes afterwards they caras The whole of the forecastle is at the disposal of cleazed. On Monday morning or Sunday A. B. Cohen, P. Jordan, D. Jorey. 7. B.
I will Davies, J. X. V. Vernon, H. N. Mody, El, R. stran and the other to those lower clown. night ho was put into iront rain.
Arrangements wore also made for the purchase bar, and that there was a matiny on baard. There is a forward hatoh forward of the wîndisas
I cannot swear, I think noi. H. Go, S. R. Marcas, F. M. Gao, J. M. f tea thousand piouls in Hongkong, to be sant do with refarange to the payment of the net den part of the property to be recovered. -Xcurs truly,
the agact details in ascertained compra-- Mr. Wainewright sited in reply to this asked Captain Williame of the Matterhorn to take and aft of bowsprit lending into the fore peak for a week. authority the can of Rees. Williams (LR.sharge of my ship, which he agreed to do. I got with a fixed iron ladder. He damage was dons I did not make an entry in the official log, as Gran, D. B. Tata, J. M. G. Manak, S. Gower a counts for sale at cost price 10 H. 2001 and Spryer. Potter (26 LJ.Q.B. 64,) a volver and went down the forehold. I did to the bulkhead of the ship. It is made of iron. far as I know. He was never put in irons after (Secretary), &e
The CHAIRMAN Mid-Gentlemer, your direo-bensive mensares will be taken to repair the and referred to a passage in the judgment
On the North River it was reperled from not see the stowaways. The bostawain and The cook and stewart sleep aft in the ship. No Monday the 20th March. I did not tall the MY DEAR WILKINSONIC uply to your letter cd Kright Bowyer (26 L.J: Ch at p. 778) and water followed me down with an apprentice. body but the prisoners geed the forestle. I do mate to make any entry in his log about the cefors have thought it advisable in the forests of damage and relieve the sufferers.
But in The carpenter was on deck. E Bed for the not know who did the damage. It was not done enrrones. There is no other ratry is the log the shareholdere of this Company to coavene yetarday re Benjamin with an enclosure written to Rosene's Criminal Evidence."
mare; both inside and outside the town tha you have had dne nation, for the purpose of con- "Mr. Siler, all I have so way is that will have my bills neither Boer 1. Wilfame nor Sprys v. Potter stowaways to come out I got no answer, and by myself. I was not aboard and oxanot say what concerning my putting Rumbeck in irons, ex-to-day's extraordinary geuoral meeting, of which/ Ling-te that the water had rised thirty foot ani of crete made out me soon as I can, and will then ron.
despatches cm:ld be sent. It was not vet passi det ka seront of the sun to which you rofer, Mean were the facts at all such as to come within the dred in the direction where I was told that the man reported the leak to the mate. The reason cepting the items already mentioned. I do not white are only to add that I do not owe Mr. Ken rule which, after all, is a very old one-laid stowawagi wars. T then fired a second tine. why I put into Manila was bocanso, I was know whether it is my duty to write down an sidering the advisability of a voluntary winding houses were deaded and fill the 11th April un jamin cae cont, as be is well wre. Youre truly, down by Sir Georges Jassel. In the former A man then ran out with a crostar in his hand afraid that I would ices my ship and my life. I answer to an nocasation in the Ing. Rumbesk up of the Company. First of all. 1 may men
I did not take tion that there have not been any recent large ble to go about and gather partoninis A Fo B.E. WAINFWHIRAT. there was no question of property to be re- from the starboard side of the chain locker. did not do it without careful consideration My denied the charge against him. At the commencement of the sace, Mr. Waiza covered, and the latter was not ease of a The crowbar was made of steal, 3ft. long and cargo consists of railway iron, pasked diegen nation of it in the log. He was placed in the onzasition or losses that have giren canes to this kang, Ching-yuan, and Sso-shui the water was wright admitted the receipt of the The. 45,000 selicitor-though there too the agreement was an inch in diameter. The mats enrered him ally. I thought that in putting into Mscila Ibout room of the ship after he had been taken marement or have had any interce upon the so high that there was serious tess of or non-
was kept abat, and the outer doer open. I kept in printhilly the general aspect of the state to ing orders in the first instance, the Vicer and he accordingly began. In the witness-box held to be illegal. Nor does the passage in with his pistol, and he dropped the crowbar and was doing my best for my woers. I had 1,500 out of iras By day the laner door of bis room Board's decision to recommend a liquidation. It bankments giving way in place After sund- watch Marine Insurance business has come himself started for the North River and super- he produced so account dated April, 1998 (that the judgment in Kaight. Bowyer assist the oried out" I surrender." While this was going tone of rails on board. The tonnage of my ship is there from the 20th March till our arrival is, three months after Benjamin's death), and defendant. For when the languaga of Indon, I heard one of the prisoners, Rumbeek, jeering 1,296. She is a barque. My crew all told ares
From the Shatow district General Fang Yan headed "Mr. R. E. Waitorzight to necazu Reilly a carefully looked at, it will be seen at me. He was standing on deck on the port in number. My ship is worth £16,575. While in Manila I did not let him tar to and do his that has prompted your diretors to come intended the eforts of the officials and gentry with the state of Mr. Renjamin, deceased that he was there dealing with two separate obside of the forcesstle batoh. He said "Fire, in Manila, the orer mate use of the most users work with the rest of the crew, because Ithought to the above determination. At our last ordinary, in repairing and strengthening the weak plas Yon it is thou Fu, as great as that of the year 1864. The He therein charged himself with the receipt of jactices to the right of the plaintiffs to bring you son of a b Fire, Captain" He threw lasgaage to 126. I particularly name the third he was a dangerous man. The only trouble he meeting alluded to the kuni corapatition the The 45,000 in question, and credited himself the suit. The first, which he said be laid wide, piase of rope at me, which struck me in the defenisut, Back, who was the rest of the whole gave me during that time was tree when baat dooed ratos, Not only has this continuet reported an extraordium trebet above. Clic with wundry payments which in all left a balance bat which he did touch upon, was what was ori- mad. I saw Balkon and Ryan snecuraging lot. Brennan used the same language. I was not spoke to Starkey, who was at the wheel, when he but it has even hacome worze zinca (as corrected by his evidenes) in bis favour of ginally only an equitable deatrinis, viz. that a Rambeek to not as he did. I am wrong in soy surestoned. lambeok one day, yet after mo in walking up and down the deck at night evident that insurance companies with good banknotaur the city had held out, with Tla 630400. The question in this ones arises solicitor cannot purchase his client's interest in ing Ryan, I mean Mortimer. They wore all Mazils shouting out. Rumbeok was reload The weather was very hot when we were mak constitucing and Isrue reserve funds may be the exception of a slight everder on the east out of the first only of these payments, which is a fait, and it was the objection which he said encouraging the deserters to registen the the moment ne pune back was the ing our journey. Rambeck aver complaint akls to continus this struggle and hold their sile, und doot had kuppened. The thus entered in the nocoont:-
the clear alone, and not a third person in the towers. The stowaway that had the crow foar men that I had taken to the Consal of being uncomfortable through the beat. The own. but smeller ompanies without such con- great Hai-yong river-wall is the sole protection 1835, Oct. 18th-Self meant greed an remuner suit, old maintain. Ho then passed-or, more har got into the host quietly. We found the were brought back on board, the other twelve wound mate told me that Rambeck had constituencies, and without a large reserve fond of Cacox f. It was paired last year by tion for one against E. D. Saesson & Co., and coate strictly speaking, returned-from that to the nther two stowaways in the after hold, and demanded to see the Consal. 1 consented, plained. The chip grounded on the island of most seffer from this general state of affairs, pablic contributions and was inspected by the at her objection, that of champarty, which equally I brought them on desk to put them in the and sent them ashore to the Consul. They de Banka on April 19th. It was not a coral reef and will hardly be able to sarvive sach & trying Viceroy in the winter, at the time of bla visit te This is the sum referred to the first two could have been a sand objection (but this both bost. Mortimer insisted on the stowaways manded of him a survey of the ship. It is not that we grounded on. We get on shore at about period. The Chiness Insurance Company be- the const ports, when he found it in a very satis letters quoted. In support of that payment to at law and in equity if the facts in the case going into the fogaastle. All the rest of true, as alleged before the Consall Buzbek 10 o'clock in the morning. We did not got ping anfortunately one of these smaller companion factory condition; but as the work is newly r himself out of the Tig. 45,000 which he received established it-which he held they did not. I the crew were round me, and I had to give and Balson, that I ras drunk on the voyage. till aboat & p'olack in the afternoon. She came as above described might share this fate if noted and hitherto astried, ha bas sent orders on big client's behalf. Mr. Wainewright relied by the reforone to "Roses's Criminal in.
Ou the West River fortunately all has gous Eventually we got all the shawaways of Through the conduct of these men I have been off with the tide. The vhels of the crew worket stops were taken to save the shareholders' inter, that no pains must be spared to watching and apon the following document:
Fridenos" because we ira hare dealing ant with to the Matterhorn. On the next day, the delayed for a month on my journey to a steadily and well to get the ship off. I had unest in time. I believe we are still in a position to strengthening it. Songhi, 19th October, 1835.
sariminal prosecution for an offence, but with 24th Marel, Icalled Bambook aft, and put him Francisco. My ship as at Manila. I want to fault to find with them at all. I don't think struggle on for a while, and try to overcome tho
ix the fault of the captain if prosent difficulties, but if you desire to continue well, so that the country has been spared the I the nuderrignod Benjamin David Benjamin do the question of what bus Lees hell as between in irons, Afr a few misstes, however, I rejain hor. I would say that she is 600 miles that it disrespectful. The whole ctthe company, working on the present basis, you treat calamity that must have occurred had that horoby dedam and certify up all whom it may picitor and olent, to make an agreement iligal leased him and thought over the matter till next ont of her cotro.
Finally tho mora orialists' report that un the er the previous to my legal adviser Mr. R. E.
morning, when he was again brought aft, and 1 At this point the ease was adjourned til the the men kapt swearing at me frequently cannot do more than cara suloisat to pay the river boon in flood stultaneously with the others. Wafacwright leaving for Hongkong on the 11th of and paid on the ground of champerty,
After following day.
throughout the voyage. Breunan and Mortimer management of the ecmpany, and should any loss
be sustained it must necessarily come from the 18th of April the weather was but at Hui-chou,. Bat Mr. Wainewright then says: Assuming, put him into spare room irons.
sworo at mo several times. I cannot ace any Beptember last for the purpose of endeavouring to obtain from Mexere. E. D. Baboo & Co. sempenan the law to be that a stipulation for payment in he had bad the irons' on for 24 hours I bad
others among the araw. I oantot toll you the small reserve fund of $28,000, and in the overt as was clso the case oz the 19th and 20th at Can- tion for their fraude upon me and as the consider the event only of success, is shamperty, it does them taken off. He was still confined in the
Tho -Captain of the Childwall. eros-casions on which Mortimer and Brezzan stor of this proving insufficient the capital of the ten. If the water subsides quickly the people tion for his going to Hongkong and fall
not appear from the agreement in the present room. I made entries about the affair in my -----Regnant. mensures no might be necessary I agruod
case that Borrjamin va uot to pay casts even official log produced. It is entered under the examined aid-Before I left Bombay the at me. I am sure that Mortimer has sworn at me company must be applied. It is this we wish to will be able to plant their orope and there will mony which wirbt be recovered from the wai Memure, if nothing was recovered. The short answer to dates of 24th and 25th Marok. I read the entries Chief Officer did not report to me that there a dozen times during the voyage. I did not. Ing Broil if stil possible. Besides, with our limited bene rusos to apprehend a fatius-The Em Bacon he should be antitled to main the sum of that contention is, that if hisbility for costs in over to the primers Rambeok, Mortimer, and were some stowaways hard. He reported thers or pinish them for this. There was a cligns eaus such an attempt would be too risky. I perer's rescript orders tae memorialist to take. them the morning after we left. He did not mong the crew of the ship Starkey. Brenn, wo decide to wind up the company now we shall immediate steps for relieving the distress of the twenty-tive thousand taels for his own use and baseft any event were a part of the agreement, it Belson. I did not hear them make any remarks.
lime then that Swain had reported to him that Mortimer, Ryan, Sherman, and Balson formed it, probably be in a position to save a good sufferers and requiring the broken embankenauts, (il being underutool that the mid sam, if received by him, was to rover all say inkstedusse to him up te skoall hare appeared in it. I have not overlook Mr. Dennys Your Worship, I met object
The due engraving of the QUAD, says the date and that I horsby ocorra the eaid agreemented the feet that the agreement was rub pat into to the whole of this evidenna shout Rumbackere were some atowaways aboard before we To the best of my knowledge Less-were all in part of our capital, which we run the risk writing till after mouey had been regnvered, but he prosecutor has charged these men as a collett Bombay. I have not since hoard that was alque. There were 24 men all told eboned the of losing if we go on under the prosent and arrangement.
the agreement purports to state what was ori- lestive body with certain offences, and you cannot case. When the stowaways wore discovered chlp, I wish the court to believe that I had no circumstances. Those are the principal Nasons
adopt the resolution. I am going to propose. Vioteria School, has been received by the Com That document, Mr. Wainewright stated in ginal verbal agreement. Nor can I bring myself single out one particular man and charge bia they were put to work aboard the ship. They power aboard my own ship to pat Mortimer in why your directors have recommended you to Japan Caectis, presented by Hor injesty to the
got their provisions aboard. They got tea, coffee, irone when he wore at me, although enly six
There is still another and an important point mittee of the Sohool through the Hon. P. Le Poer Trouch. Chargé d'Affaires. The portrait, his evidence, was drawn up by himself, was for a moment to doubt that whatever Mr. Waine with offences nothing to do with the base.
His Worship-then, what is your objection?r, and bread. There was no allowance of out of the 24 were formed in a cliquo. I bad no. writton out by himself, and was sigued by wright may now imigine his ideas were then,
Mr. Dennys-It is simply this: No gvideosmo. They had no beef or pork served out to feeling of Insecurity before Mortimer swore at that has influenced us in coming to this decision. Benjamin in his (Wainwright'e) house, no other Benjamin as any rate would have been very much pergon being prevent. Iu cross-examination Mr. strprise it, nothing having been recovered, be given in art with regard to the acts of any one them. Only one vessel passed as before we passed. I did not feel too meture to arrat Rum-and that is the store of our business. Though which is a photogravura by Kanfataengl of the Wowright ofplained the inconsistency between had yet been told that he had come under an of the prisoners can be accepted as oridoses the Matterhore. That was Portuguese brig. beck. On the 11th of May between 4 and in we are a local Company, I must admit, we have roll known painting executed in 1885 by Angeli, We met the Air Lancelot bound for Maaritine the morning it was Starkey's turn at ite wheel, never been able to do a large tobal business, nor represents the Quase at full length, in robes of no much of the language of his letter of the 26th obligation to pay a very large bill of costs. Reesyalari ither himself or anyone else, sotil a Decouber to plaintiff's Coopsel, and the existence pa labitur. The mount of remuneratin conspiracy has been shown to exist between that about 10 days out from Bombay, I did not make Issw Starkey come up to rellore Balon. I have re succeeded in getting a desent share of State. Signal by Her Majesty, and undeniably of the agreement, by stating that he did not stipulated or (Tis 22,000, that fe after deduct person and the other prisoners at the time he any attempt to put the stowaways ahoard her was at the wheel then I had taken it from it at the other ports in the East. By far the work of very high art, the present is indeed n We met the alterhorn bound to Calsatta on Balso, I did not bit. Balem with my fat, greater part of our business, and especially day most fitting as well avainable ous, and will no wish to give any information to the persons who in the earlier onty and Benjamin's state of committed the alleged set, ware then surrounding Benjamin, as he believed poverty (as the defendant describes it), alike Witnem-On the 28th. Rambeols was taken the Sith May. Free the 3rd May to the 24th when I took the wheel from him. It was not any the past two or three years, has been done doubt be allotted by the Committee an honoured some fletos sapable cercooting evidence point to the inference that the agreement eat of irons, and I told him that if he kept to May I had not been on deck. I went on deck cho thus thing for me to tarn 6 man away from by our London branch. We have an ahioposition in the School.
MY DEAD WANewnight, -I enclose & luctor to in "your address from. Mr. B. D. Boojumin, referring to to champerty."
deduction has to be made for your charges from thegency of angcare what in equivalent to a tenthap saying that they had been struck with a crow the men, although it is divided into two wear positively that the man vay not in irans Belilios, G. von. Wille, C. C. Coken, J. Goosmann.
twonly-live thumsand tacis, and what you proposes fja
1. S. WILLINGON,
to which the defendant replied :---
Shanghai, 28th December, 1887.
to date, 1s. £5,000
with the said R. E. Wainewright that out of mes
BD. BRNJAMIN.
19th June.
.
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