The jury wom nuable to agree whether or not the plaintif had made out his case and the haring proposed.
James Cameron, master of the Ou Lee, denied that he was instrumental in getting plaintiff dashaiged or that he had said plaintiff was guilty of accepting bribes.
Cross-examined, Mr. Loureiro recommended kim as master for the Shun Lee. Prior to that he was mate. He could not say why Loureiro was dismissed on the 17th July. He did not ask the reason why Loureire was got rid off in twenty-four-hours. Witness admitted having “an argument" with Loureiro on the 11th July about coal. Loureiro isoused witness of writing to the office about the windlass.
And you threatened to strike him P-Not
Didn't you have a dispute at the same time with Captain Cooper-Yes. He had a dispute with me.
thon.
By the jury-It was not customary for the manager to consult with the captain before any changes were made. He was not consulted in the present instance.
The jury returned a verdict in favour of the plaintiff, awarding him 2560 damages and coats
THE MOOSA EBRAHIM CASE,
A QUESTION OF PRIVILEGE. The hearing of the oase in which Modra Ebrahim stands indicted for committing of fences under the Bankruptey Ordinance was
THE HONGKONG DAILY PRESS, SATURDAY, JANUARY 8TH, 1910,
THE RUSSO-CHINESE HANK 7. LI YAU SAM
sume
He instructed thors that he would they would answer the first two questions in the
having been Alled in is given to one of the European staff. And on the compradore notify. ing the European ataff that he has received the negative; but that, if they answered the third The following is the judgment of the Lords money, the telegram is sent and the slip C is question in the affirmative, they should fled 'a of the Judicial Committee of the Privy Council made out. The doonments indicated by the verdict for the plaintiff, if in the nega on the appeal of the Busso Chinese Bank. Li letters A, B and C wore thons which had been tive, for the defendants. The jury found Yan flam, from the Supreme Court of Hong. used on a previous occasion whom the plaintiff hong in its Appellate Jurisdiction. The judg remitted money through the bank by talagraphic
for the plaintiff for the full amount meat was delivered by Lord Atkinson, and transfor, and were admitted to be in the usual claimed, and must therefore be taken to hare there were present at the hearing Lord Masform. The first constitutes the contract with auswered the third question in the affirmative. naughten and Lord Collins.
the bank, is initialled by the manager, Ernest Judgment was accordingly entered for the Freyvogel, and is in the following form |plaintiff upon this finding. AA. 6. and
22.2.08
Contract
The rules relating to title deeds did not come | A PRIVY COUNCIL APPEAL CASE. | the bank have received his money, Thea B into this matter at all. The contents of the document would not tend to incriminate the defendant, but the question was whether he concealed the fact that be was a partner or not. The spooker was outstled to produce any eridenes as to the existence and the custody of this document How far professional privilege extended as to the contents of the doenment he was not prepared to argue at present, but he submitted that he was entitled to prove its custody. After quoting authorities in support of his argument, Mr. Bowley con- This is an appsál from a judgment of the tended that the evidence of Mr. Frise, as to the Supreme Court of Hongkong in its appellate faot of handing over a certain document to the jurisdiction, dated the 24th July, 1908, dismiss defendant, was not covered by any privilegeing with ocats the appellants' motion that whatsonver. He was bound to prove the judgment should be entered for them in an custody of the document, otherwise his notice to action in which they were the defendants, produce was ■' nullity.
tried before the Chief Justice and a special jary on the 2nd Jans, 1908, or, in the alter- native, that the verdict found by the jury in favour of the plaintiff (the respondent) should be set aside and a new trial granted. The plaintiff in the action is a native Chinese banker carrying on business in various parts of China, and having a branch at Hongkong, which is managed on his behalf by one) Lau Chung In The defendants (the appellants) are a corporation established under Russian "Law. They carry on banking] basiness at various places, and, like the plaintiff, have a branch at Hong. kong, which, at the time the events happened SIUSO, was
His Worship-Aro those the same documents concerning which you proposed to call Mr. Haatinga the other day?
Mr. Bowley-No, I called Mr. Hastings to produce drafta of doenmonts.. I was not strictly entitled at that stage of the case to bring secondary evidence as to their contents. Now, I am trying to prove the oustody of the original document which I have given the defendant noties to produce.
Mr. Boris said the very fast of his Worship getting on his notes that the defendant was in passion of a partnership agreement, was evidenes of a fact which was privileged. His Worship-I understand that. Mr. Bowley Your Worship has direct
|
our alo No. 10/292 E. F.
for delivery ready
Bought from the Russo-Chinese Bank for
account of Messrs. Tee Bin Yush.
Amount Usance On Rate Remarks.
Tle. 20,000 tt Shanghai 71 3/16 E. F.
Date 6th January, 1906.
(Signed) Ng Sau Gook,
Broker.
-7 he second document, B, is a request to the Bunk to transmit the money by telogram. It Is signed by the plaintif on behalf of his prin- cipal, and contains a statement of the rate of exebitige, and the arranged sim paid, and the managed by one, Ernest Freyvogel. For document Cisa mere hook-kooping slip drawn the purpose of doing basinsas with Chinose up to enable the bank officials to cater up the
out of which the action
continued before Mr. E. R. Hallifax at the videnos of the agreement, sworn to by Allana, customers there was established a department. transaction in its books.
Magistracy yesterday afternoon.
Mr. F. D. L. Bowley, Crown Solicitor, proso- outad, and Mr. C. E. H.. Besvis, of Mosure. Wilkinson and Grist, appeared for the dofen-
dut
His Worship remarked that he had received a written application from Mr. Beavis for a case to be stated on the ground of the admissi bility of evidence of a bill of sorts with a letter
to Allana. He would, of course, rofuse the application. Mr. Beavis had his romody if ha was not satisfied with this decision.
Mr. Bowley stated that at a previous hearing he tendered the evidence of Mr. George Host ings with regard to certain documents, and Mr. Bessis objected, as the defendant claimed that the contents of those documents were pri- Sines that bearing he had given vileged. his friend notice to produce the partner-- ship agreements made between the defen-
His Worship-1 think you are still within the question of privilege, Mr. Bowley, in calling Mr. Frice as Mr. Hastings' clerk.
Mr. Bowley-No doubt if the evidence is privileged es coming from Mr. Hastings, it is equally privileged na coming from Mr. Price, I won't dispute that for a moment, but as it happons, Mr. Price wrote out the receipt and gan prove it, whoreas. Mr. G. Hastings cannot.
His Worship-Mr. Hastings the other day was sakad actually to produce the documents ?
Mr. Bowley-That is no His Worship-Now Mr. Price is not asked to produce documents of any kind P
Mr. Bowley-Only the receipt. The docu- ments I asked Mr. Hastings to produce were in his custody on behalf of the defendant: I documents wore in the defendant's custody. am now seeking to prove that certain other
His Worship-That question is still covered
dant and Allona. It was the usual praction by the same privilege.
Mr. Bowley-I have quoted authorities to
I
in the defendants" Hongkong bank, managed by a Chinese official, styled a compradore, with the aid of two Chinese owshiers and an assistant, also officials of this bank and in its employ. The powers, duties and obligations of the compradeze are enumerated and described in great decail in an Indenture dated the 17th January, 1904, entered into by him with the bank for the parpose of giving security to his employers for the faithful discharge of kis dution. In this deed it is expressly provided that "He is on no account to borrow or lend any money or security for money on account of | the bank, or in any way to pledge the cre- dit thereof, without the written consent of the manager, agent or attorney for the time being in charge of the bank in Hongkong drat bad and obtained." From the parol evidence given at the trial it is clear that the compradors had not any authority to receive, on behalf of the bank, from its customers any sums of money by way of deposits, or lodgement to the credit of
The Bank moved the Supreme Court to haro this verdict and judgment set seide,, and. judgment in the notior entered for them or in the alternative that a new trial should be directed on the grounds of misdirection by the learned Chief Justice, that the verdict was against the weight of evidence, and on other grounds not necessary to particulariss. On 24th July, 1908, the Supreme Court, in its Appelate Jurisdiction. delivered the judgment appealed against, die- missing the appellants' motion with costs. There is no dispute in the case as to the facts, and little, if any, controversy as to the law. It it is undoubted that a person who deals with an agent, whoso authority ho knows to be limited, as the plaintiff know in this case, does so at his. peril, in this sense, that, should the agent be found to have excealed his authority, his principal cannot be made responsible. While the several authorities oited by Mr. Scrutton; from Grant v. Norway, 10 C.B. 565, dowa to Rubou v. The Great Fingall Consolidated, The Chief Justice then proceeds to state, in A. C. (1906), p 439, establish, in their Lordships" their Lordships' opinion quite accurately, what opinion, the proposition that, in order that the is the true position of the compradors. The principal of "holding out" should, in say given compradore, he says, is the bank's intermediary case of agency, apply, the not done by the agent, with Chinese customers. His duties are and relied upon to bind the principal, must be an to make with them those contracte which the set of that particular class of nots, which the manager authorises him to make, and none agent is held out sa haring a general authority others. As the Chinese customers aro anally on behalf of his principal to do; and, of course, seen only by the compradore, the manager's the party-prejudiced must have believed in the ex- only means of knowing whether the latter acistence of that general authority and been there- curately carries ont bis instractions consist in by mided. In other words, if the agent be held written documents banded to him by the com ont as having only a limited anthority to do on pradore. The authority given to the com.behalf of his principal sets of a particular class, pradore only extends to arranging with the then the principal is not bound by an not done anst mers the details of the proprosed trusoutside that authority, even though it be an act tion. When those details have been arranged, of that particular class, because, the authority the contract embodying them must be submitted being thus represented to be limited, the party pra- to the manager for his approval. The manager judiced has notice, and should ascertain whether would not recognise any controot which did not or not the net is authorised. In their Lordships' bear his initiale. It appears to their Lordships view, there is no evidence that the fraudulent that it would be difficult to devise any method compradore had, or was believed to have, or was of transacting business of this character mors held out as having, any authority beyond the
|
FOOTBALLER PRAISES CUTICURA
For Wounds and Usa After the Game -Leg Kicked During Play and Would Not Heal-- Maturated and Swelled to Thrice Its Usual Size.
CUTICURA CURED HIM
WHEN ALL ELSE. FAILED
“My trouble arons through getting Moked on the football field. It was a Try bad wound about thres inchos in length. I did not take much notion of là de first but about a week after in started getting very painful and swollen. I went to the doctors but after they had tried one thing and the other, I got tired of attending them, so I thought I would try to ours it myself. That was (after about two months of their treat- ment. Well, I tried different oint- mente but nit, to no use. At leat a friend of mine advised me to try the Cuticurs Remedios, so I purchased a box of Cuticura Ointment from tha chandlet and fa about five days the log showed signs of improvement. The swelling went down and all the matter: and stuff came out quite fast. 1 men- tion that my leg (it was noross the shin I had the kick) was about three times Its usual size. So I kept on with Cuti- gura Ointment and I tṛied Cutlours Soap to cleanse the wound with. After - that it healed up quite fast and is quita well at the present time. I had two boxes of the Cuticura Ointment and I still use the Cuticura Soap which I find is the best I can get, as it makes ona fool so fresh after a hard game of foot- -ball and I will recommend it to all my friends. J. Lester, 84, Watlington St., Reading, Berks, England, Sept. 16, '08,"
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in criminal as well as in civil cases that when a show that there is no privilago sa to the que their surrent account, or for the purpose of calculated than that above described to sfford no strictly limited one already mentioned. He was British and foreign trade and industry between document was in the bazda of an adverse party tion of eustody of documents. All am seeking nanding by anticipation, contracts for what is real protection to the Chinese customers of the authorised to arrange the details of the negotia, the form of a Blue-book. The main object of
notice must be given to that adverse party to produce much dem........ ut. If that notice to
produce was a complied with, then secondary evidence could be let in. He did not know whether the defendant now intended to produce the articles of agreement between himself and Allans, but the speaker called for their production.
Mr. Besvis-I have not got them. Mr. Bowler-I understand the defendant refuses to produce those documents.
Mr. Bearis The defendant does not refuse to produce; he is unable to produce,
His Worship-What was the notion you sarved, Mr. Bowly?.
Mr. Bowley-A notice addressed to Motan Ebrahim, and to Mesurs. Wilkinson and Grist, his solicitors, calling upon them to produce and show to the Court the original and duplicate agreements between the defendant and A llana. That notice was served on the defendant's solicitors on January 4th. ---
have not got them ?
Mr. Boavis-Vo have not got them.
His Worship-You had this letter?
Mr. Boavis-Yes, I have had notice.
to do now is to prove that certain documents
were in the defendant's possession on a certain date. This question is entirely distinct from the one raised on the previous occasion.
His Worship-And it is a more complicated ода I shall certainly reserve the point.
Mr. Bowley said his Worship had been misled by Mr. Bearis to extending professional privilege vory much further than it went. Privilege extended only to a solicitor and his clerks. He was not allowed to give svidenes which he received in his professional capacity, nor were his clerks. But any other porson could prove the same or a similar fast. He called ons of the defendant's partners to prove that the defendant was a partner, and now he was seeking to prove that the agreement of the partnership was in the custody of the defendant by a certain date. That was a fact that could not be covered by privilege,
His Worship-Woll, we'll leave the point till next time.
BRITISH AND FOREIGN TRADE.
Statistical tables and charts relating to the year 1854 and 1908 were issued recently in the fetara is to continus and bring up to date a number of statistical tables and charts relating conditions, which were included in two volumes to British and foreign trade and industrial prepared by the Board of Trade, and presented to
results of special inquiries which cannot be
His Worship (to Mr. Reavis)-You say you Mr. AG. M. Flotobor, Deputy Official Receiver, spoke to having the custody of documents relating to the bankruptcies of Moosa Ebrahim and S. E. Allana. A number Mr. Bowley said he proposed to prove that of orbibits produced all eatne out of his custody, the compradore. The customer never came and worked out the amount in 641,00230, took place in this case with the Chinese cas the population. In the years 1905-8 the anal
He seized the two agreements produced at Mr. Moosa Ebrahim'a dwelling-house unviar a search warrant. Another document before the Court was seizod either at the same place or at S. E. Allana's premises.
one of these documents was, when last heard of, in the custody of the defendant. In order
to do that he has served a subpoena duces terum
on Mr. George Hastings to produce the receipt for that document. Mr. Hastings had handed the receipt to Mr. Price, who was a clerk in Mesure. Hastings and Hastings at that time, and he proposed to all Mr. Price to produce that receipt.
The bearing was again adjourned,
THE PROBLEM OF RAT DESTRUCTION.
Fogal fixed the rate of exchange and the other to the firm by the compradore. Compralores in the purposes of this case, to have been received and and Wales was in 1854 10. 8d., in
138.
styled in the case" telegraphic transfers" which bank, or to afford greater facilities to the comtion for the telegraphie transfers of money to be might subsequently be entered into between the praders, its officer, to commit frauds upon these rabmitted to the manager for approval; but he bank and those customers. The authority of customers. It is not surprising that he availed had no authority to receive money for the the compradore as agent of the bank was himself of his opportunities. The plaintiff's purpose of such transfers until those details had limited in all these respects. The action aross
Parliament in 1903 and 1904. The out of negotiations which took place on the 3rd Tentative, Lau Chung Yu, whose testi- beou se submitted and approved of, that is, until
mony is uncontradicted, and whom there is no a binding contract had been entered into by the opportunity has also been taken to add some further tables derived from various sources January, 1907, in respect of one of those so-called nasaon to disbelieve, desorited, according to the manager on behalf of the bank to transmit the and bearing on the telegraphic transfers. The nature of those note of his evidence, the transaction of the 3rd
same group of aub- money on the terms approved of when received. jeste. In all Cases the sources transactions was this: A mustomer at Hongkong, January, 1907, out of which the claim in this The bank had not, by any negligent or in-stated the tables. In selecting the desiring that a certain sum of money should be action arose, as follows:-"I went to Russo. paid to his nominee at Shanghai or other place China Bank, saw Ng Sau Gook, compradors. pradore to be apparently invested with an
proper act on their part, allowed the com- tables for inclusion in the present retara, preference he generally speaking boon given to those which give figures for a series of at which the bank (the defendante) had an office, I told him I had $29,000 to remit. He said, Yes authority beyond, er greater than, the years in a form admitting of periodical continua- ontored into a contract or arrangement with Back would remit. He wrote something in limited authority which the plaintif knew tions as compared with tables schodying the their Hongkong luash that, in consideration English on paper, then went to European office. him to possess. Everything which he readily repeated. In this respect the present of the payment by him to that branch of a sum
Then came back at once. Bank would remit by them permitted to do from the begin-volume may be regarded as continuing, in an which at the current terms of exchange at TT. I was to bring money next day. Hening to the end of the business WRA as amended and amplified form, the series of Hongkong would represent the value there of gave me a verbal price 75.125. This was consistent with the exercise of this limited returns of comparative trade statistics which the sun to be paid elsewhere, plus a certain between 3 and 4 p.u. He said, If you want authority as it was with the exercise of a wider were first issued in 1886 in connection with the profit to the bank, the latter undertook to ur-
report of the Royal Commissioni on Depression to remit more to-morrow bring it round. or more general authority. There cannot of Trade, ooutiqued as separate returus in range by telegraph for the payment of the sam Next day, 10 a.m., I wont round with Tle. therefore be any estoppel as against the bank in 1991 and 1896, and ultimately incorporated in specified at the place named to the ons 10,000 more. Compradore wrote something in respect of say of the steps in the transaction, the publication (Cd. 1761) as Miscellaneous tomer's nominee. In the case of a native English on paper and went to taipan's office. sinos they have not done or permitted anything Tables Respecting British Trade and Produc
tion." In regard to the foreign trade-of-the- Chinese customer like the plaintiff, the negotioHe came back and told me 73.125. I agreed to by which the plaintiff was deceived. It was
United Kingdom it is shown that in 1854 the tions leading up to the making of such a bay at that rate. He told me to go home and contended by Mr. 'Dake on behalf of the imports amounted to £152,000,000, or £5 10s. contract as the stove were carried on through get money and he would wire it. I went home. respondent that in dealings such as those which 2 per head of the population, while the exports totalled £97,000,000, or £3 10s. 3d. per head of into contract with the manager, Mr. Freyvogel. Then returned to bank with that money, want tomers of the Bank, the compradore was the average of importe was £603,000,000, or £13 who usually never saw the document which straight into compradoro's office and handed tho alter ego of the manager, and that as the plain-14s. 98, per hand of the population; while the formed the basis of the contract, though it theeyorer to compradore. Conated it out him: tiff's money had admittedly been handed to him, exports amounted to £368,000,000, or £8 78.
11d would be shown to him if he asked for it. It self, wrote down the price of paper in Chinese and the receipt of it acknowledged on the faceti per head of population. In 1854 the popula
tion of the United Kingdom was 27,656,704, was admitted that, in all such transactions with 44,003:30 Les commission 4100-40,961.30. of exhibit 3 by the proper bank official in the while the annual average of the years 1875 to the Hongkong branch of the bank, Mr. Froy Lens commission" means.commission returned compradore department, it has be taken, fed 45,881,942. The average cash wages por wook of 1879 was 33,572,205, and of the year 1905 to 1908,
all the banks allow this; sometimes more or less. by the bank, is now held by them, and should
labourers employed on certain farma in Then he took exhibits 2 and 3 and handed the be returned to the plaintiff, Their Lordships 1860 10%. 11d., in 1870 118. 1044,
In 1880 bank notes to the cashier in compradore's think, for the reasons already stated, that 2d, in 1890 13s, Chi, in 19 0 148, 54d., and in department. Entry in 2 had already been writ this contention cannot be sustained: On 1908 148. 74. In 1854 the number of able- bodied paupers, exclusivo of vagrants, was ten out by me. Cashier compared the notes the whole they are of the opinion that 135,191, the annual average in the years 1875-9 with the amnant and chopped it in presence of there was no eridesce to support the was 98,215, and in the years 1905.9 it was compradore. I then went away with 2 and 8" finding of the jury on
the third q266.
115,558. In 1854 the number of passengers The document, exhibit No. 2, upon which mach tion left to them, that the appellante were there conveyed by railway, exclusive of season ticket holders, was 111,005,000, while in 1908 the total reliance has been placed by the respondent, is fore antitled to have the judgment entered for was 1,278,000,000. The various tables deal, written in Chinese, Translated it rans as fol. the plaintiff in the action set aside, and judg- among other points, with shipping and naviga lows:-"The Yee Sin Yuen Kee. Book fer elopment entered for them with costs, and that this tion, railway traffic, finance and the money. market, the output of certain staplo articles in ping payments of money 19th day (Tang Moon) appeal should be allowed. They will humbly the United Kingdom, production and consump 3nt January, 1907---The Busso Chinees Bank advise his Majesty nocordingly.
tion of foodstuffs, and Customs duties on grain to receive Shangbai telegraphic (remittance) of
and most in certain countries. Having come to this conclusion, it is unneces the exact sum of taels 30,000. (Chopped.) The Bank of Hongkong." The compradore's visit he never communicated with him at all on the summarised the evidence with the greatest to the manager was a mere pretence. In fact
Mr. Beavis-Yes, and my friend is now going
matter, but, having got possession of the
clearness and accuracy, and directed their to contend that he can produce secondary
plaintiff's money, applied it to his own eviderer. On that polut I would refer your
purposes. The plaintiff sued the bank to attention to most of the material points, he Worship to Taylor on Evidence, section 458, in I can tell you mongoose weren't in it. This has to be produced to the manager. The Bank recover the money so paid to their agent, the appears to have failed to appreciate how in which it is stated that judges shall refuse to plan used to keep as as good as free from does not give the customer say writing in Eng compradore. The precise form of the action applicable the doctrine of "holding ont " is to s compel a party to a cause to produce documents rats for six months at a time, and that is a biglish to show that the contract is made, but it is is not a matter of substance. The case was ease. In which the agent's authority is, to the which may tend to incriminate him. I submit to say of any boat, let alone one in the open to them to ask to see it. In the case of a
For simplicity
tried before the Chief Justice and a special jury knowledge of the person dealing with him, your Worship should refuse to permit evidence that of the Chinman who balted his trap with roody" contract the bank does not insist on a of aix. The learned judge left to them the limited, and that by reason of this his observs
tions to the jury, at several portions of his to be given with regard to this document. That, a live rat dyed scarlet. This cannibal plan contract signed by the customer; the contract] three following questions :—
may not work quite so. well on land us on a (d) might therefore be written by the com.
charge, amount practically to misdirections, by ship, but it is worth trying. It is a matter for pradora out of sight of the customer. Then
which they might possibly have been misled, regret that a similar means to an end with another pest cannot be found. If only depraved the contract having been signed, the customer
though it is by no means clear that they did not seekroaches could be induced to pray upon would have to bring the money and fill up (E)
in fact fully understand the nature of the quse -their-own-kind-Calcutta would become less himself, or give the compradore the materials
tions left to them. The respondent must pay The forecast for the 24 hours ending at поет ancomfortable.-Englishman (Calcutta).
for filling it up: it is more usual in the case
the costs of the appeal.
to-day is as follows:
E. winds, fresh; How To DE BEAUTIFUL-KOOP your dom
of Chinese customers for the compradore to fill *(3) Did the Bank put the compradore in such Mosare, Johnson, Stokes and Master were the Hongkong & Neighbourhood fair to cloudy plexion, Mrs. Ellen's Créme Charmante, Lait up the form; he had in fast dono so, in all position that he could pretend to the plaintiff solicitors for the appellants in this ease and Charmant and Special Skin Tonio and Poudrs cases of transactions with the plaintiff. It that he had the necessary authority to receive Mesars. Wilkinson and Grist for the respondent. hat will enable you to do it. Her was not bustomary before January, 1907, for the money; and, if so, did the plaintiff, he. When the case was signed locally Mr. H. E. Specialities for the Skin are the study of s Letimo, A. H. Watson & Co. Ltd. Sole Agents the bank to give, or the customer to ask for, boring he had that authority, hand over the Pollock, K.C. was Counsel for the Bank, and South coast of Chinn between
1453 any receipt or acknowledgment in English that money to the compradors in that belief P
Mr. M. W. Slade for the compradore.
terms upon which the matter was to be carried through, and that the compradore had no Mr. Beavis objected to Mr. Price giving
aathority to fix the rate of exchange or any of evidence on the question of a receipt for a to men,
This problem is one of inexhaustible interests these terms, himself, or to enter into any coa
The ingenuity expended upon the con- document purporting to be a partnership agree-struction of trap and poisons has been enormona,
tract for a telegraphio transfer without first ment. He submitted it was all covered by the In these columns there appeared a short time vomiting the manager. It was further admitted question of privilege, Mr. Bowley, he presumed, go an account of an electrocution method by that the plaintiff had had with the defendants which, with the help of a weak current and before the 3rd January, 1907; many transactions was now contending, after having served the cunning arrangement of wires, the rodents vou speaker with notics to produce, and he passed their own deaths. This is the latest and similar to the one he then desired to enter into having failed to produce, that he (Mr. Bowley most
most scientific method. But there are other and was fully aware of the before-mentioned was entitled to give secqudary evidence on that and immensely more simple ways. Indeed from limitations of the compradore's authority. The point.
as though the simplest method was the highest art and most effective Chief Justice in his judgment states with as precution, a festure that much literature holds urgy and cleaynose what was the course of in common with rat-catching. It is set forth dealing between the bank and a Chinese cas in that intensely interesting little book of Mr.
tomer who applies through the compradors to Boelter had the secret from the skipper of a grain freighter, who caught it from a Dago
stantially as follows"The compradore has no was. He used to trap every six months or customer unless it has been expressly agreed to best told in the captain's authority to fix a contract with a Chinese bo'sun." The plaz
so a dozen rats, kill the doos, and feed them to the bucks after Arst starving them a bit. Per by the manager: when the detailsero so agreed haps he would repeat this until he had about by the manager the compradero is then author, for at Tes song hunks with a decidedlising ised to it the transaction and a contrast (4)
His Worship Mr Price at the time was what P
ona account it would seem as
Mr. Bowlag-Ho was with Mr. Gooxy W. R. Boolter's, "The Eat Froblom.". transmit money by telegraphic transfer sub accountant's department of the Russo-Chinesssary for their Lordships to deal with the ques«..
Hastings as his clerk.
His Worship (to Mr. Bearis)-I understand your objection is that this is covered by the
question of privilege?
I submit, is all portion of privilege the de- fendant now claims as between himself and his solicitor. Secondary evidence can be given en certain classes of documents, but not on
documents which tond to incriminate.
Mr. Bowley thought his friend was endeavour- ing to extend the doctrine of professional priri. lege. Privilege extended only to verbal or written communications made by a client to his solicitor. It did not extend to collateral facte, and the question of the custody of a document was a collateral fact which he was entitled to prove.
or saven
grain
them loose.
the plan rivale
י
(1) Did the bank in Isot instruct, the com- pradore to transact exchange business with Chinese onstomers in any other say than by receiving special authority in each case to do ao
(2) Was there anoh authority given in this
case?
tion of the alleged misdirection of the Chief it right, however, to Justice in iz samming up. They think say that while he
WEATHER BEPORT.
Orion on the E. coast of China, and The Hongkong Observatory yesterday issued the following report:-
the 7th at 12.10 p.m.-The barometer fallen over the Northern shores of the Sea of Japan.
The depression lying over Manchuria, yester. day, appears to be moving into the. N.Ë. part of the Sea of Japan.
Pressure
The barometer has fallen again over Central and S. China and also at the stations in the South is low over the 8. part of the China Sea.
is highest over the Yellow Sea It'
Moderate to frosh monsoon roay be expected" in the Formosa Channel and the China Sex
Hongkong rainfall for the 24 hours ending
at 10 am.to-day, 0.00 inches.
Formees Channel South coast of Chins between Hongkong and Lamocks.
Hongkong and Hainst........
and misty NE. winds, moderate.
Same as No. 1.
Same as No. 1.