SUPREME COURT.

Wednesday, May 16th

IN AFTELLATE JURISDICTION BEFORE THE FULL COURT.

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THE ALLEGED CONSPIRACY CASE.

Tho-appeal from the decision of the Chief Justies (Bir Francis Piggott) in the case of the seven witnesses who were sentenced to three months' imprisonment by his Lordship for perjury in the hearing of the trial of an inue to dotormine whether Wong Ke-choung wass partner of the Lai Hing Back at the time of its bankruptcy was concluded, and their Lordshipe delivered judgment.

Mr. E. H. Sharp, K. C., and Mr. II. E Pollock, K., instructed by Mr. G. K. Hall Brution (of Mears. Bratton and fett) ap peared for the appellants.

partuar

His Hogear the Fuisno. Judgo said: At the trial of an issue before the Chief Justico sada jury as to whether one Wong Ka-cheung was or not in the Lai Hing Bank, the Chief Justice came, to the opinion that the Goren oppellants and one other. Wong Tax, delih ratoly perjared thomwolves, and acting as he conceived he was entitlul to usf ander the provision of Ordinance 3 of 1873, auction 31. be summarily sentenced them to three mouths imprisonment without hard labony, Wong The bas disappeared and evaded the execution of much order, and I imagine his reappearance will depend on the result of the proceedings whether here or obsewhere. That commitful tock place on April 1911, 1906. On April 20th

THE HONGKONG DAILY PRESS, THURSDAY, MAY 17TH, 1996.

in their several ways, speaking to certain facts which were, as I thought, and still think, fales, and denying others which The were as I thought and ctill thick true. oridenes of the men was in my opinion a tissue of falsehood from beginning to end; and

Evans (10 A and E, at page 171), and much stress was laid upon one santance in the judg. out. The case must be added to the series of cases dealt with in my former judgment in which punishments have been mated out, sed afterwards quashed because a prep opportunity

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bave a robearing which might (as in the case under appeal) amount to a contradiction of the verdict of the jury. I may hers mention that this polut was dealt with by the Fall Court of this Colony in April, 1897. (Bunder Singh's case). The judge there bad committed for perjury withont formally calling upan the men to make I think that what would obviously be the proper had not been given to the alleged delinquent of any statamest. On the appeal the Full Court courue in the case of an iudiated though material refuting a surge. The enso obviously refers held that they were not entitled to what I have funt was actually adopted in this case, though to refutation of the facts on which the charge described as practically a new trial, and the it had necessarily to be adapted to the circum.is-based. It is, I think, curious that no case appeal was dismissed; and that is the view takonatahes of this case. For the reasons already sms to Lave occurred, or at least was referred by the learned Chief Justice in the provost caso. I given I think that the only and the proper way to, in which a refutation of the interpretation: If the contention of the appellants, to which I of sentencing these mos was to say what I did of the law was contemplated. But it is obtions shall rofer next, is correct, I cannot see the asy, which was interpreted to thom, and that the that the principle of these cases must be! object of the second course provided by Ordi only meaning which could be given to those extended to answering the charge nonce, as it would certainly not be summery words was this: "I labeliève every material, point of law as that the alleged offence does The Counsel for the appellants of course fact bearing on the existence of the partnership not fall within the statute under which the| contend that Suuder Singh's case was wrongly which you have come here to establish and to jurisdiction has been exercised. Baron Parka decided. The contention of the Counsel for the which you have sworn"; and I have very little stated the law thing, "No proposition can be appellants on this point is based to a large doubt that that moaning conveyed itself quite more clearly established than that a rasa cannot extopt on the words "as for a contempt of the clearly to thoir minds. If this involves (which incur loss of liberty or property for an offenco Court" in the Ordinanes, and they contund I do not think in any way) a modification of my by a judicial proceeding until ho has had a feir that the Court may either direct a prosstation former judgment, let it be sc. But while I opportunity of answering the charge against or may deal with the case us a contempt, that is, admit that a man has a clear right to be told in it, unless indeed the legislature has expressly that the witness may havò a right to call fresh what his offenen consists, I cannot admit for a or impliedly given an authority to act without evidence to prove his truthfulness, which would moment that the reason for telling the witness that necessary preliminary". I have alrondy in my opinion mean a rehearing, and which in what his perjury consists is the one for intimated my opinion that the legislature in might mean à conflict with the decision already which the learned counsel has argued, and that this cams, by investing the Court with simmary given whether by a judge or jury. One argu.

the necessary consequence is that he may call powers of punishment, has impliedly given an -ment which wes put forward in support of this witnesses, and that there should be a ragalur authority to set without the necessary." pre- contention was that it probably nine enses out hearing and inquiry into the question whether liminary of giving the witness an opportunity of ten the witness would act avail himself of this he had committed porjury. E such a hearing of answering the charge against him by calling alleged right, but that in the tenth (that is this and inquiry is in the opinion of the judge witnesses. Both the determination of the ens) might.. I think it anwal to discuss such necessary, he can procsed under the alternativo question of law and the question of fact are sungiment, as if it is right for one it is right course indicated under the section and direct a included in the discretion given to the judge for another, and it seems to infer that some prosecution for perjury to be instituted. As to for the law is patout, it is on the judge's witnesses might not be able to get justico in this, I have nothing to add to what I have notos, and the interpretation of the law ess contention a number of cases were citet, but which the Fall Cours suggested in Sunder use of the words "if it appears to the Court", may roution that the power conferred by the Singh's case should be put to the prisoner, and it was said that it cannot appear to the

As frequently happens in aneh enyos, a waiter Ordinezice is an exceptional one and one which whether he has anything to say why he should Court" until the facts had been stablished.

twenty-mark piece. Ho forgot so persistently does not exist in England (if I read the Ordia: not be sentenced, it is obvious that the Court and this they cannot be until the party charged of the restaurant he generally used lout hin a nuce rightly), and therefore the cases relied on did not mean that it should be put as it is put he bourd. There is no analogy between to return this that the waiter applied to the in capital essos in order that the prisoner may the use of these words in this mention and their commandor of the regiment. Questioned by It seems to have in the statute discussed in Capel the latter, the lieutenant gave his word that Luck, evidently with are in my opinivu based on a different state of

the intention of refunding repaid

it immediately He again for commanding officer. As and a soond time the beld to bo perjury have not been spoken; that

If this waiter applied to t kere so there would be another-romedy altogs- the lieutenant had given his word of honour, be ther. All this is quite different from the was summual before a court of bonone de to prove that the facts are true. With regard to the question of habeas corpus, I have only this martial, and in the usual course came to the at the way in which the affair had been treated, it to send in his resignation forthwith-the

off bis leave to attend to it, the staff major who commanding officer because he had not braken Lad cord acted the investigation, and two other officers who had noted as judges at the court of hour.

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THE MILITARY CODE OF HONOUR.

Some five years ago, a young Prussian

is described as the apn of a well-known Con- servative Parliamentarian, found himself in

paras Berlin without his

a motion was made for a habeas turpes, and L conseqzeńrg of poverty. "In' support of their already said. With regard to the question also with the judge. Stress was laid on the lieutenant, whose name in suppressed, but who

believe the muction was heard on April 24th and refused. And it is this refuel that is present boing appealed again. The learned Chief Justice delivered his ducision at semo length. a number of points wens raised. The notice of appeal usked for an order that the judgment, whereby it was adjudged that to writ of habeos turpar shonkỉ bở quashed ¦ evidence already given that the witness is guilty been a suggestion that in those cases the judge Child, waless the point be raised the 6 the words the money had been

to

and whereby it was adjudged in review that the order dated April 10th whereby the appellants were smarily committed prison for perjury bo confirmed, sy rescinded, and that the appellants may be released on the grounds that they wore not informed by the Chief Justice-wiat ainte-

Be

the law. Here the judge makes up his mind on

of perjury, and acte aurordingly, and it socras

move in arrest of judgment.

is, that the judge's notes, are wrong, to me to be a eurions thing if baring made up

his wind on evidence already before him he is then to proceed to take fresh evidence for the appeal might lie on the ground that there was no evidence to justify a committal, or that eri

should adopt what is, I believe, the practice of some jalges in all cases, to put to the prisoner what is not much riors that a conventional formula which when put is practically without re-state what has already boon said in his defence. The Court cortainly never intended

the truth or otherwise of his slatemont, which,

him The matter was

purpose of reversing his own decision. An meaning and often induces the prisoner to suggestion that the witness should be allowed to however, ne te referred to a court.

ments made by them respectively constituted the dence had been improperly excinded, but that suggest that the consequencs of putting the to add to what I have already said It eaiser's cars. His Majesty was much annoyed! passed upon them an opportunity was not given appeal would be hoard before the Full Court question would be the admission of facthar admitied that on the return to the writ the and ordered ovory superior officer conocerned in

alleged perjury; (2) that before sentence was

to them of being heard in their own behalf or of showing cause why they should not be so com- mitted. I think it most couvenient new to

In the cases under the Ordinance the witnesses bays had their say wul have therefore, beag heard. To refer very shor ly to the cazos quoted dispose of the first point, namely, that the on behalf of the appellants, the following cases appe-lants, had not been informed as to which offer to have been decided on the grounds that there had been no evidence before, the their statements constituted (he alleged porjury, I think it clear that they had been and were judge or other authority on which a conclusion

a

Court will inquiro not into the form of the war- art, butalso into the legality of the commitment, principle which shows of itself the reason why i hubeur corpus will not issue to a superior Court. The question of the signature to the warrant was again argued. I have only this to add that the form adopted these cases is identical opt by the Court in

a warrant of committal of the debtor and that the souls to the Bankrupter Ordinance for the warrants issued under the Code of Civil Pro.

perfectly' aware of them. The mic issum tefore the jury was as to whether Wong Kicheng wess partner in the Lai Hing Bark or wet: The sole evidence was to the effect that he was, and the jury found that he was not. The Chief 1257, and the case of Capel v. Child referred further, that as the 3ndicial Committee reported leo signed or witnessed by the Registrar. 1

Justice found that in supporting the contention that be was a partner they had porjured them. selves, which was the material point at issue, It may be that some them did not go as far as others, but the material fact is that they gava eridenza in support ef some maturin fact composed of several minor iostences, and

cedure for the arrest of ab-conding debtors are

believe this to be the right and convénient practice, the diciom of Hawkins to the contrary notwithstanding.

Mr. Sharp-These men are out ou buil until the 4th inslaut. I would apply to your Tard ships for an extension of the time..

The entenent himself escaped justics by

London, who reason to resign his commission in the Meckl

bought his railway ticket for brother, the hid

America, and Africa, the lieutenant gave him- burg Dragoons. After travelling in England,

-bewusentenced by court mactial to sexen months'

imprisonment for deserting the colours.. self up to the military authorities. He bax now

CHINESE NAVAL DOMESTIC. ----=

A KNOTTY POINT.

AN AWFUL

135

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Mies Nellie Vander Wiele, of Laki- alde, N. Y., writing under date of April 18, 1904, says: "I do wish you would publish this letter in the newspapers, an that others suffering as I have"may see it and be helped. I suffered for many months with an awful skin disease, sorce covering my ears, neek, and cheeks. Scabs would form and they would swell, and itch day and night. Then they would break open and blood and matter run out. I had tried many different remedies, but Bone of them did me any good. I was growing worse when I tried the Cuticura Remedius. The first application helped me, and when I had used two cakes of Cuticurs Soap, three boxes of Caticura Ointment, and three bottles of Cuticura Resolvent, I was completely cured."

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evidence, and the further inquiry such as has been argued to be necessary in this case, There is another question as to which I am glad to have heard inther argument, for it is undoubtedly important, and is not free from difficulty. What is the meaning of the expression to commit the wituras 3 a could be cemn, to: see Caps, & Chill, & Grom contempt of Court"! The ligament for a had Jervis, 573, Bonn's care, & Term Rep. 19s; those words mean that the witness is to be Gusking can S Tom Rep. 209; Smith v. Reg. committed with the same forms and procedure App. C. 624, ce porte Kioning, 16 L.J., B., as if the offence were contempt of Court-and to above. Pollard's cuse, 2 P. C., 106, owing to in Pollard's can that in the case of contempi The circumstances in connection with it is not "the specific offence charged in to be distinctly an authority in this case, except on the general stated dvd at opportunity of answering giv", principle. Bouaker ». Evans, 16 Add. El. N. S., so here the perjury is to be specifically stated, 171, was also reforred to, but if I am right in and an opportunity of answering the charge is

Me Chang, naval domestic, 3rd class, a native my view of the Ordinance it is an authority to be given. If, therefore, the words do mean

The Chief Justice-You have had a full month

of Hongkong, diel at the Royal Naval Hospital, against the appellents, as the local legislature what it is alleged they mean, the orgament as to Eas pressly given antaority to dispense with the ncessity of factior evidence being taken

Mr. Sharp-Hut your Lordship cannot say

Stono house, on April 10th from kidney disease." their exidonce on that fsel was found to ba

we knew you were going to decide against us. Horenched Plymouth in the cruiser Bouaventure, false, they were committed be the decision the preliminary formalities required in and the new inquiry held-Bods its justification. right or wrong).. I therefore think that the ordinary case of contemplin England A point The judgment of Lord Brougham in Long We have instructions to proceed, but onnet get from the China station, and was landed for the papers through under a week. We are hospital treatment on Sunday morning, April stb. He received all the care and attention at appellants fail on this point. The asit point was taken in connection with the absent witness Wellesley's case (2 R. and M. at p. (64) con- that in his absence this jurisdiction, if it existed,tains an interesting passage which had some

assuming at present that we shall have to get

ejacket that the appellants before sautence, kad not an

obtains, and he now lies in an English abcoud opportunity of being heard in their own haha!uld not be exercised. It seems to me that bearing on this question. Lord Chancellor Four Lordships leave to apiwal, and would ask the hospital that the ordinary English b

his dark-bued pigtail being carefully coiled and of showing causs why they should not be under this Ordinance if a man who has given was discussing the, 1 beli-va, disused practice of that the date be extended and we will apply and coffin Fuck as the British service allose

bis evidence disupprues and does not return, ha the Court in connection with the offence know within that time.

The Chief Justice--I have discussed the

beneath his head. Me Chang's death bas committed, is, in my opinion, of mors importas very good reasons for doing so, and that has prevarication. He said: "if the prevarica-watter with my learned friond, and want to say

ecensioned the hospital authorities some little ance. In considering this point it is necessary

Aguin it was tion amounts to all that morsi perjury cau this. I should like it to be clearly understood can be dealt with in his absence. to look at the section of the Ordinance itself,

als domestics in the Renascuter, visited the section 31. The section rends: If in any argued that the warrant of committal must be reach-unless it be open a point material to the for future coses that I see very little connection worry, because bis remains are entitled to

und consideration of the question whether an

Tuesday, and from them it cause, action or suit, civil or criminal, or in any under the hand of the committing judge, and issue to be tried-it is not perjury in law. What bewoss the necessity for the stay of execation service receguition. Botné of his compatriols, usun was only signed by the Registrar de the Courts when that foul crime is com appeal is to be made to the Privy Council. Inhecertained that Me Chank was a follower of proceeding ouorated therewith, it appears to it is bad. As to his argument 1 can only mitted in their face? They do not order the this case, as counsel stated that they were going Confucius. The questions now agitating thos

the ime for a fortnight.

should be buried in consecrated er Chang witnom upon onth or declaratiov, or if a Quikor say that I do not propose to upset the party to be indicted for perjary-because they to oppout, we act on that statement and exsponsible for the interment is whether M

upcon-ecrated Anglican,

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The agonizing itching and burning of the skin, as in eczeria; the frightful scaling, be in peoriasis; the loss of hair and crusting of the scalp, as in spelled head; the facial disfigurement, as in pimples and ringwornt; the awful suffer- fog of infauts, and anxiety of worn-out parents, as in milk crust, tetter, and salt Theum, all demand a remedy of almost superlanan virtues to successfully cope: with then. That Cuticura Soap, Oint ment, and Pills are such stands proven beyond all doubt by the testimony of the civilized world.

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all Me Chang will have hat great desire of all Charges moderate, Chinese sway from home fulllet, namely, barial in bis own country, whatever the "expense. At any rate, Ma Chang's immediate relatives will have the satisfaction of knowing that in an English hospital everything that was possibis was done for him.-8. and M.

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upon affirmation, has committed wiltal and universal practice of this Court until I have to,know that be must then escape upon a trial, but corrupt perjury, etc., then in eneb nud every such The only question left to comiler is that part they order bit to stand committed for his pre case it shall and way he lawful for the Court to of the motion which asks that part of the judg. varication.in what form, and under what name ? *For a contempt of Court, by prevaricating upen ment appealed from, which quashed the writ of direct s prusscution for perjury to be forthwiths instituted agalust such person to falsely hatcas corpus, should be rescinded. The learned his cath." It is clear that the Court judged of the prevarization then and there, and sun teneed awessing, declaring, ate, in order that he may Chief Justige dealt with this point, and as I

think it is purely a question of procedure, and the pravaricator summarily. If Pollard's case le pubished necording to law, or where such parjory is committed by any porsan examined considering that there is an appeal on other had introduced a new principle or upset a pre-ing their respective spheres of it fanno in Siam. 88 a witness in open Court 18 ans the case grounds, I do not consider it necessary to deal ricus practice, then this old procedure wouldThe writer points out that Germany's com here it shall be Li wful for the Court instead of with that part of the case, or even if it were have no bearing upon the present qavation, mercial interests in Siam are extreme-ly impor-

Goemau ships, withi an aggregate tonnage of Record. directing such prosecution to be instituted as decided that the judgment was wrong on that. But the almost that esa be suit in this connee. tab. Dating the year 1995 o fower than 318 aforesaid, sither to commit such witness na fer point. Yet it would practically have little tion is that it may have settled what was unset 280,00, touched at the ports of Sium, which But putting on one side the wore visited during the same period by no more

with a contempt of the Court to prison for any term effect on the result of appo so far as the tled before.

Freuch galo toanage of 124,000, and 27 not exceeding three months with or without appellants are concerned. I therefore will analogy of this old proenduro with the pro- than 137 British ships. kard labour, etc." Now the Court has two simply content myself by saying that I agree cours specially created in this Colony, the ships, with on aggregate tozoago of $150 0. The appeal expression for a contempt of the Court by Germany hes secured this preponderat mathods of proceeding, but in this particular with the decision appealed from.

provaricating on his oath bears a curious ing commercial interest since 1960, when the

At the court-martial at Devonport on Capt case we have to deal with the recond, and the should be dismissed with costs.

His Honour the Chist Justice--Frem the rosenblance to the words how under discussion North: Gerons Lloyd bought up the two British J. Grogen in Command), Lieut. Lauder

lines of steamships which maintained com

Jones (borns for oavigation), Lisut. Cecil R question is whether the appellants have been:

I think Iarguments addressed to the Full Court it I think the refesines to contempt of Court is musication between Hangtong, Singapore, Hemsus. and Sub-Lieut. H. W. Best for legally dealt with aader it.

has uppears to mo that ono part of my judgment used dramatically by way of analogy, and not Borneo, and Dangkat. The writer the points having on March 1st negligently or by default section had better state

Everyone been always construed and acted on. by in the Court below is open to rebcoustruction, of strict wference and after giving the mat-out Germany's share in the rude.

matter of indifference to us," concludes the in the course of his defence, drew attention to personal matter. He said: 1 am from the Courts in this Colony (though of course as it seems to have led to the impression that ter renewed consideration I think that it is must e needs that the fate of in cannot be a stranded or harried the Donegut, Capt. Grogan,

JUST PUBLISHED... ench construction may be wrong). They I was draying a principle which I certajuty also used in that way in the section of Ordi article. We must, therefore express the

FAR CATHAY, have considered that then, bars been twe do not deny, but on the contrary admit to be anes 3 of 1878. For otherwise we get to this urgent fire that the German Goverment Kajotyw ship: Dosegal by order of their

lordships, and public notice of the punishment CHILDREN OF

A BOCIAL AND POLITICAL, NOVEL cources before them, first, the ordinary ore of fundamental to the 'administration of justice, result-Summary jurisdiction in conferred on still defend our enercial interests in Siam

promise than in the case of Morocco, for there immediately prior to my

trial by court. ordinary prosecution, which involves to a certain even by its most summary methods, I think the Court but its exarese is fettered by con- more vigerensiy and with less tundubey to com.fr it is punishment has been gives

ABBORDING INTEREST, By CHAS. J. HALCOMBE extent a now trial on the point of perjury, therefore, it may be added to with advantage ditions which make it ease to be summary aco indisata proufe that other Powers, martial. I do not for one moment call in of their lordships to question the

(Formerly of the Imperial Chinese Customs secondly, the Court has looked upon the shier-in one particular. No one would of course As to the intention of the legislature that the particularly France, are endeavouring to close

the open door' in Siam. Very little import supersede me without trial, but I do most Service, Author of The Mysti native course as a more summary one, and one imagine that if a solitary witness in a caso jurisdiction

ance alluches to Der Deutsche's opinion..

raike this point when vace it had

Flowery Land," stc.). doubt whatever.

strongly in which the judge, if he has come to the bad committed perjury, the presiding judge live

been decided to bring me before a court-martial

VOLUME which consists of 461- LATEST STEAMER MOVEMENTS to answer for my professional ronduct, shouldPages, and includes a Bretch, Plan of conclusion that the witness has parjured himself would be right in summoning him before him, accept the argument that the power of com. en a point material to the issue, has power to telling him simply that he had committed miltal being alternative to the power to direct

ud, at had been any way publicly pre historical fulerest showing the disposition of deal with it at once in a summary, way without perjory, and without more ado committing him u prosecution for perjury therefore it is to be

now, staud upon my defence before this Court, a all the formalities required in a prosecution. to prison. Obviously he should be told what exercised in accordance with the ordinary

of the ship? For the hazarding of the ship the Forces at the bottle of Kweilin, is dedicated So far as my experience rugs, the course has statement it was that the judge considered to principles of a trial for porjary for then it

cepting my fall responsibility as captain for tho Its description of Chinese Socis! Customs.....

the whole occurrence. As elrowly reported,

and Superstitious, combined with the insight it usually been that when a witness in the opinion to false. In any former judgment I had in would cones to be alternative, but mean to all

court held the charge against Capt. Grogan gives into political conditions in China makes of the judge is perjuring himself, is to make sperial view, the statements of these eight intents and purposes the same thing.

CHILDREN OF FAR CATHAY" an excellent and that agatant Lieut. Jones proved,

for presentation to friends at Home. against Lieut. Hemans proved except

so much

Weli understands what he is saying, and at the con- statements that 1 expressed, the opiniou, but the summary is only to be exercised in casas

against Bab-

Emblem Gold. clusion of the case call him up and through the together with reasons for that opinion, that where an indictment for perjury would lis, sud

related to negligence, and that Lieut. Best proved, Capt. Grogan was interpreters ask him if he has anything to sý what I said to them at the trial was sufficient. that the conviction amounts to a conviction for

ordered to be severely reprimandad, Lieut.

To be obtained from Messes. KELLY & WALSH;" Jones to forfeit one year's sexiority and be dis- LTD., Meas W. BREWER & Co., or from the why he should not be sent to prisen or fad. I believed the whole story of the alleged part-perjury for it is the manifest daty of the

missed his ship, Liput. Hemans to be repri-Printers and Publishers, the "HONGKONG It has never, however, been understood that it nerskip of Wang Ka-cheang in the Lai Hing judge before committing to be Batiefied that this part on the 15th inst,, at 11 am.

manded, and Sub-Lient. Best to be severely DAILY PRESS" Ofice. was meant that he was to be allowed to re-open Bank to have been concocted, and that these all the ingredients of the crime of perjury are

reprimanded,

Hongkong, 23rd April, 1004. | the case and call fresh witnesses, and in fact eight men contributed to the concoction present. One new case was cited, Bonaker

iy

10

be

mary,

I

I cannot

This

The C.P.R. str. Empress of China arrived at left spain at. 1. n.18 on Wednesday via Nagasaki Kobe at 5 pm on Tuesday, the 15th inst, and for Shanghai, where she is due to arrive at 11 p. on Friday, the 18th inst,

The CP.R. str, Athenian left Vancouver on

power

my case have in.

removal from the

command

OF

to Sir ROBERT HART, G.C.M.G., and Dr. A.

him report his statuin ents so as to wako sure he witnesses, and it was with regard to those does not in the least interfero with the facts, Monday, the 14th inst., p.m., for Hongkong via proved except so much as related to new that volat bound in Yellow Cloth with Chinese

ports of call.

The N.Y.K. str. Hekato Maru (Bombay Line) left Moji for this port direct on the 15th inst, nad is expected to arrive bere on the 20th inst.

The P. & U. str. Danes left Bingapore for The Indo-China str, Namsang, from Calcutta and the Straits, left Singapore for this port on the 15th inst., st 5 p.m.

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