SUPREME COURT
IN ORIGINAL JURISDICTION. (Dafore Sir James Russell, Chief Justica,)
:
January 19th, 1791.
SAUNDERS. SHEPHERD. The hearing of this case was resumed to-day Mr. Robinson, instructed by Mr. Wilkinson appeared for the plaintiff and Mr. Leach, Instructed by Mr. Gedge (of Messrs. Johnson, Stokes and Master's office) appeared, for the defendant. The Jurors were:-- Messrs._ J. Galbraith, R. Martes, J. P. Reece, F. M. da Luz and A. Moir.
The plateliff, Eva Saunders, seeks to recover certain furniture in the house No. 44, Lyndhurst Terrace, taken possession of by the defendant as Official Administrator of the estate of the late A. G. Apcar.
No arrangement having been come to between the parties, further evidence for the plaintiff was produced as follows
Henry Crawford, representative of Meiers, Lane, Crawford & Co. quid his firm had supplied the plaintiff with goods from August to Decem- ber of 1889, amounting to $1,686.05. They were principally household goods. Of that amount the bad paid $1,000 at four different times, leaving balance of $686.95. 1. If plaintiff bad not paid for the goods he should have looked to Mr. Ancar for payment, as he held guarantee to the effect that he would pay as much as $1,000.
the
THE HONGKONG TELEGRAPH, THURSDAY, FEBRUARY 5, 1891.!!
Apear. On her birthday they made it up, ke giving her a diamond ring. Miss Saunders asked me to coax him to give her a lease, which would be a better birthday present. Mr. | Apcar retured positively, and I gave the ring back to Miss Saunders. Things then quietened down till there was talk of her going to America to bring out some girls. The question of the lease then again came up, and at that time they estimated the debts at about $8,000 and she was to receive $1,000 to go away to America.
James Francis, clark in the Chartered Bank, also gave evidence and the Court adjourned.
January 31st.
refused the application.
IN SUMMARY JURISDICTION.
t
(Before Mr. Fisiding Clarke, Puisne Juden)
February 2nd..
SIQUEIRA V, BASTU.
A
Re-examined-I am positive. I was never incapable of performing my duty except on the 13th. I consider I was able, if I had been allowed, to dress myself.
His lordship It was against the defendant's interest for you to appear in such a state, was it not ?-Yes, my lord.
His lordship said he was sorry such a case.
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Now Issue These have been done at 325 and are now-Inquired after at 327.........'s Fires-Hongkongs are wanted, at 335-1 Chinas, after being done at 89,” are now. wanted at gont, dimma haled an awa
Land?.--This stock has been largely
זי
dealt in at 86 dividend, girls
Sugars China's are saleable at 173, while Lugonvare wanted at 94.
Docks 91 per cent for cash Is the : asgotiated, with two per cent. added for gure at which this stock has been
the March settlement.zh pet innr 1 AT
nu agreement at Penang. The telegram Ila Hongkong. He came on board the steamer was sent with `x, letter of dlimissal from "ME Banks: This stock; after gradually received at Calcutta was in terms that I should Lye moon to see meeff. He gave the other mem. Harding to the plaintiff. STAMME declining to 257 per cent, for the receive twenty rupees a week and all expenses. ❘bers a saloon parasgo to Hongkong and a and Cross-examined-The defendant and myself February settlement, improved and buyers My first class passage was paid from Calcutta to class passage to Melbourne. Whilst on board the took rickshas to the theatre. He walked to ble had some difficulty in procuring the Rangoon, where I art the defendant. I then steamer Mr. Harding said he would give me an
room love, He sat on a form and, com went to Penang from Rangoen with the order on Sassoons' for a passage to Calcutta, I menced to undress himself. I was not scrip at 260. A very large business defendant, my passage and other expenses being said nothing, but took it. It was not given to
prezent when Mr. Harding went to the has been done at the latter figure and also paid. I then signed the agreement produced ms under the terms of my agreement, because 1. defendant's room. After that the plaintiff at one per, cant higher. For March
The agreement was read, in which it was stated was entitled to a first-class passage. I do not appeared at the rehearsals of Monday, and
and delivery, shares have been done at 263 and that the Company was on a tour to Japan and consider the third-class passage he gave me was Tuesday.
264 per cent. The market closed with it was expected to extend over a period of four a kindness. At that time I had no money and
By his lordship-The defendant never spoke sellers at 258 per cent, premium. months from date, 14th August, 1890. A salary he gave me $3, which I had to pay away to ato me of the termination of bis engagement, 1, 1 of twenty rupees was agreed to by the sail barber and a washerman. He did not give me Mr. Hastings said that, closed his case, and Charles Harding, who was to pay the expenses $5. I did not consider the $3 he gave me as a after briefly going through the evidence asked of travelling, board and lodging, and also present.
his lordship for a verdict in fayeur of his client. first-class passage to Calcutta from Japan).
The attorney for the plaintiff then reviewed the The hearing of this case was resumed to-day. From Penang I went to Dell la Sumatra and
evidence at some length and contended his client Mr. Robinson having rummed up, his lord-afterwards back to Penang, thence to Singapore,
was entitled to a verdict. ship briefly went through the evidence and the Hongkong and Shanghai. We got to Shanghai la the early part of December, where the Company Jury relied to consider their verdict.
After an absence of twenty minutes the Jury performed. Their last performance was on the returned and the foreman said they were in 13th December. After that I continued to work favour of a verdict for plaintiff, by 4 to 1.
till Tuesday the 16th, by attending rehearsals and
Re-examination continued—I was fully able to Mr. Robinson asked for costs, but his lordship to Miss. Deane and her two daughters not take my part. The defendant is a passionate
looking to the properly. On that night, owing putting in an appearance, Mr. Hardinginan, I was under him, he being stage manager. camo out Lefore the audience and told After the row with Miss Deane, and her them to the effect that there would be no daughter Mr. Harding announced, as he was performance owing to some disturbance. After going to his dressing room, that the "ompany that Mr. Harding made a general statement should be broken up. I consider the $3 given that the Company had broken up. On the me as necessary expenses for the passage down. Taunday I met Mr. Harding and he said he
I
Mr. Hastings said the case for the defence would pay my passage to Calcutta. He paid my was actually determined through the plain salary up to Tuesday night, but I was still in his diff's conduct on the 13th and that the debt a small sum, owing to advances received defendant could not be sued for any whilst in Hongkong. I left Shanghai by the consideration that could be enforced. .... The
Harding. He ordered me to get my boxCE ON order for the passage to Calcutta, and be board and said he would come and see me, and submitted such could not be sued for in this then he gave me a document. I was entitled to a court. first-class passage, but having no means to stay Charles Harding said-I was recently manager ashore I was obliged to take what I could get. of the "My Sweetheart " Company. The plaintiff I arrived here on the 23rd. I applied to Messrs. was engaged at Penang. I have several times use that they had no instructions fromtbelt Agents under the influence of liquor. I had to speak to at Shanghai to give me a passage and they him several times. On one occasion we acted could not do so, I have applied severaltimessince." Our Boys" here and he was then incapable—| I am now living in the Grand Hotel, Queen's his voice belog thick and indistinct. Ihad to speak Road, and am charged at the rate of $1 per day. to him on other occasions. I remember his being I have no means of paying that except through ill, which was caused through excessive drinking the help of friends. The defendant did not Under Dr. Cantlie's advice he went to the Peak return with me from Shanghai. I think be bas hospital. He was absent nine days. Through been here about a fortnight. I expected his that I had to change the bills. I engaged rival here and shortly after I wrote him a falter another mas, named Court. I had to engage Receiving no answer I took these proceedings, him as an exira man for fear the plaintiff or After the agreement was signed at Penang my some one else should fail me. I paid all bla salary was raised to $12 per week, the same to expenses at the Victoria Hotel and the Peak. continue to the end of the tour. A first-class hospital. When he came down I spoke to him lare to Calcotin is $100, and I claim that. and begged of him to keep sober. He said he Also $1 per day since my arrival in Hongkong, I would and promised never to drink ag in. After claim to be paid my salary at $12 per week up to that he was all right for three or four days. I then the present time.
spoke to bim again and said "Are you drinking? and he replied "Oh, no; only part-wine and brandy." I told him that if he got drunk again I would dismiss him at once. At Shanghai his conduct was erratic, He was
i
SINO QUOTATIONE," Wes fongkong and Shanghal Bank, 155 per cent,
15premiam, buyerson and longkong and Shanghat Bank, New Issue
$322 per share, buyers. falon la pace, Society of Canton-iss. per
jesshart, buyersativo A. Lately sina Traders, Insurance Company-364 per
share, beyers, the p
had been broaght into court and be thought had the plaintiff acted more reasonably and less, persistently he would have found the defendant more amenable... Instead of that the plaintiff defendant's artival, without taking any steps to had brought this action two days after the see the defendant. The agreement between the plaintiff and defendant was signed on the 14th
Mines Charbonnages have Improved, August and consisted of a tour extending for a period of about four months and terminating in buyers taking the scrip readily at 6410: Japan. Whilst the Company was in Shanghai, per share! In "Golds," holders of Imuris which place they reached at the beginning of have demanded 8144 per share. Punjoms December, the plaintiff was dismissed, The, are wanted at 93 walle Balmorals can be one question was-if the defendant was liable for had for and nothing less, struct the plaintiff's passage to Calcutta and Alap for
Other stocks do not call for special men- damnges? Cases of this sort, must be looked ation at the present time and quotations very narrowly, and the agreement way to the
much and also have a first-class passage to Calcutta, but it depended upon the plaintif acting properly and not against, the defendant's interest. That is an implied agreement in all contracts. In Hongkong there was some com plaint of the plaintiff's had conduct, he drank says and there were also complaints, made of his drinking too much after the performances, were over." To drink like that must have some, effect against the rest of the, performers and he believed the defendant when he said the performances suffered through such causes. Then there is what Dr. Canilie gives in his evidence, and altogether he (bis lordship) thought the defendant and spoken and acted to the plaintiff kindly and feelingly. The defendant. begged of him to stop drink and he got a promise from the plaintiff that he would do so, but then be gets to port wine and brandy, and afterwards. to whiskey-bis old complaint. At Shanghai he thinks the complaint of the 11th was well founded. As to the 13th he fully believed the plaintiff was too drank to appear, and according to his own evidence he did not reach the theatre at 8.30 p.m.,.. as he should have done, butat 9.10 p.m., and the performance was supposed to have commenced. at 9 pis. The plaintiff wants us to believa that the defendant was mistaken as to bis, conditions interests to have to go before the audience and
goods supplied amounted to $1,100. The goods upon to pay the `calls upon those shares, Saitoon & Co. next morning, and they informed had to complain of his conduct. He war elten' | whiskias and sodag—a habit in India, plaintiff
North China - Jumirance—Tis. 265 per share,
sellers.
Fanton Insurance Company, Limited--$115 per
gashare, buyers, an Yangtze Insurance: Association- $89 per share,
This was a case wherein the plantiff sued the defendant for $75 which had been paid in calls Cross-examined He knew Mr. Apcar. He Marisa Company, on October and, 1890.
aa behalf of twenty-five shares in the HoogRONS | Ly-4-mezN, & SRĪDou pass;ge being paid by Mr. | $3 was given him as a present, nu, also the effect that the plaintiff was to be paid so for1samb arò'appended gamer vA SAT C had asked Mt: Apcar about the account, and he
Mr. Wilkinson appeared on behalf of the replied the girl would pay him. The accounts plaintiff and Mr. Hastings for the defendant, were sent to plaintiff. He produced Mr. Apcar's
E. P. Sequeira, clerk, Hongkong. Hotel, written guarantee, dated September 7th, 1889.
suld be was the holder of 25 shares in the 1. Meier, of Messrs. Kruse & Co., said bla firm Hotel Marina last year. He deposed of those hand supplied the plaintiff with goods from shares in September, 18go. He was then called December, 1889, to March or April, 1890. The
which he paid, amounting he $75. Before were chiefly fancy articles, but wings and cigars be disposed of the shares the calls were not had also been supplied. There was one lot of due and be, was not asked to pay them. goods amousting to $350 which were purchased He applied to the defendant about sot paying by Mr. Apcar and put down to his account. The the calls when he held the shares. The defend- plaintiff bad selected them and they were sent ant said he had no maxay and asked witness to to No. 44, Lyndhurst Terrace. Of that amount pay for him, which he did. In the letter Mr. Apcar paid $200 in April, 1890. In all be produced the defendant told witness to get the awed the firm $375. The plaintiff had volun- shares from a Mr. Pereira, who held them. Wit teered to pay that fast July, but she had not doneness afterwards found out that a Mr. Rozario bad so. That was about the time Mr. Apcar them. He went to him and he said he held the was in trouble and confined for debt. At the
shares for money advanced and he would not time witness gave him credit to 1889, Mr. Apcat give them up unless he got back his money. had the reputatlon of being a wealthy man. Witness made no answer to that but put the Another lot, amounting to $430/30 were
matter in the hands of Mr. Caldwell. purchased and paid for by the plaintiff,
Cross-examined-1 sold them in the market Lel Sing, partner of the Sang Loong shop, on September 2nd, 1989. The scrip was banded said he knew the plaintiff as a customer. She
to Antonio Naues, a broker, whom I told to had had dealings with his shop since August, sell them, and he took them. After that I got the 1889, amounting to $2,000. The goods wer letter from Holmes and Redyk, which was the Always sent to No. 44, Lyndhurst Terrace, the next I heard of them. The broker came back The plaintiff and ordered the goods and and handed me $50, having sold the shares at had paid the whole of the amount but ₤360.
E. Caisumbhoy, a furniture dealer, said he has the time. The broker told me he had sold the passage by first opportunity I would not then slightly enebriated on the night we were but it must have been decidedly against. bis
shares to the defendant. As a matter of fact I de not know who the shares were sold to, but I know the defendant is the holder of them.
Mr. Wilkinson said that was his case, as unfortunately he could not call the broker, who had left the colony.
His lordship said no legal liability had been proved, and the case was not complete as it stood. Mr Hastings submitted the plaintiff had not made out his case, and the mere fact that the defendant admitted being the holder of the shares did not give the plaintiff any right to ask him to pay the calls thereon.
His lordship said the case was incomplete and he would grant the plaintiff as adjournment till the toth last. on payment of costs.
The case was adjourned.
MOONEY V. HURLEY,
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By his lordship-The date of my engage ment was the 14th August last. I might have gone to Calcutta by the steamer. Arratoon Apcer on the gist December. If I had got a
bave sued for board and lodgings.
and eventually arrived here. The Company was hers about two months. Wellst here Mr. Harding bad sever made any complaint to me personally respecting drink. He had complained collectively. The complaint was to several members of the Company about drinking too much. He had spoken in other places besides Hongkong. He had spoken to me of my drinking in the presence of others. He had so complained when I was off duty. I am not aware that he ever complained of my being drusk on duty. He complained of my absanding myself from rehearsals. He once complained of my being late at rehearsal. I may have been frequently under the influence
to play "Monola," and also in "Our Boys"
n Tal Insurance Company, Limited-Tls. 150 on per share, Ingest of mem Hongkong Fire Insurance Company-3340 per
share, buyers
China Fire Insurance Company-91 per share,
buyers. Hongkong and. Whampoa Dock Company
per cent, pregilum, buyers, Hongkong, Canton, and Macao Steamboat Co. China and Manila Steam Ship Company 1.- $363 per share, sellers.
1: per share, sellers. Hongkong Hote Company Hongkong Gas Company-$13
de seller da boru.I
Indo-China Steam Navigation Company,
-598-2
Limited-27) per cent, discount, sellers. Douglas Steamship Company -947 per share, His buyers, 3 China Sugar Refining Company, Limited—817
per share, buyers, Laron Sugar Refining Company, Limited-894.
yper share, buyers. Hongkong Ice Company-1
Hongkong and China Bakery Company, Limited
sellers
per share. Hongkong, Dairy Farm Co., Limited--ğil pir
beer sham, selersd
of liquor, but that was after the performances out, and sent for a policeman. He made some agreement on the plaintiff promising to Ballers, weath
were over. I seldom drank anything of a morning, I never was under the influence of drink for days. stayed at the Victoria Hotel and if I drank it was whiskey and soda when the sun went down-an Indian habit. I seldom took a *peg' of a morning before breakfast. I never started as soon as I got up. I had a bottle of whiskey in my room very often, but not as a rule. It has never happened in Hoogkong that I was absent from rebearsals and performances through drink. My absence from them in Hongkong was through a cold. I could not say how many drinks I could do per day.
2
A4, S. Watson & Co., Limited...$31ă per share, Chinese Imperial Loan of 1884 B-8 per cent.
premium, sellers.
Chinese Imperial Loan of 1884 C—5 per cent. Chinese Imperial Loan of 1886 E--11 per cent.
prematurg, buyers.
Hongkong Rope Manufacturing Company The Hongkong Sicam Laundry Co., Li--$35! 14: Limited--$139 per share, buyers..
riper share, nominal standa Punjoo and Sunghie Des Samantan Mixing Co.
3 per share, buyers, our CA Pr The Raab Gold Mining Co, L-80 cents. per
share, buyers need imuris Mining Co. L-$14 per share, sellers. The Balmoral Gold Mining Co., Limited-14
per share, sellers. Hongkong and Howloon Wharf and Godowa
supplied the plaintiff with furniture to the amount
Cross-examined-I was engaged in Penang on the:ith. I then saw he was not in a fit state announce what he did announce, and I bellevethingkong Hotal Co31⁄2-Six”, për-cent, Debenture of 330, There was a balance of $7,50 still owing:
to play, and being a little excite I said "Drink-defendant and his wiinous, and it was not necessary C. J. L. Stewart, secretary, Hongkong Trading
Ing again; I won't stand this nonsense." He
for him (his lordship) to add that it was gross Co., said the plaintiff was a customer in Sept. 1889.
said "I am sorry, but I will be all right to misconduct on the plaintiff part to have caused She then purchased a suite of drawing room
morrow." I do not know if I said I would dis- the defendant to make such an apology. furniture and it was paid for on delivery. The
charge him. On the night of the 13th we were That was sufficient to end the agreement amount was $325. There was another sulle of
playing and I was informed about 8.30 p.m. that in Bla opinion. A letter was sent. furniture ordered in November, 1889, and the
Webbe had not put in an appearance, I sent next morning to the plaintiff and it was plafatiff paid the amount, $525, in January, 1890.
for him. He arrived about 9.10 p.m. I did not ■ diemmissal for drunkenness., After that the This closed the evidence for the plaintiff.
see him then, but I said "get him to put his plaintiff goes to the defendant. on the Sundex: Mr. Leach said the first point he understood
clothes on and get on the boards at once." They and then again on the Monday and 12ys said it was impossible; he could not stand. I let me go on again and do what I can, and the his friend (Mr. Robinson) to say was that the property be given up and the right of possession
went to his room and found him on the floor defendant consents. The defendant's conduct must be decided, but he took the liberty to ask
rolling about. I then came to the conclusion be all through showed very great consideration and Es to any question arising hereafter us to costs,
was drunk. I spoke to him and told him to get kindness. There was a suggestion of a fresh. Before calling upon his witnesses for the defence he'must show the jury the pasition of the Official
unintelligible remark, He could not have entirely Rober to Japan. What did that. Administrator, an officer of that Court, in the
appeared and I sent him out. I then went in It meant that the plaintiff should not only CASE. As Official Administrator he took the This was a claim for $350, the value of a gold
front of the curtain and asked for the fadulgence be able to perform his duties on the stage property of Mr. Apcar, who shot himself on the watch and chain, a pearl”zing, and a revolver,
of the audience as one of my Company could but to remain sober. The conduct of the parties 16th September last. Mr. Bruce Shepherd, who held by the defendant.
not appear, and 1 asked them to pardon me on, the departure from Shanghai convinced was acting registrar and official administrator in Mr. Wilkinson, who appeared on behalf of the
if the part was read. Mr. Willoughby read the bim that if the plaintiff had relied bankruptcy, was informed that a large amount plalatiff, såld the defendant went to lodge with
part. Next day I wrote plaintiff the letter which the agreement bis position would have been, of property at No. 44 Lyndhurst Terrace, Was the plaintiff at No. 12, Caine Read, in January,
has been produced, and I also wrote to the hotel clear. Had he refused the passage at Shanghal the property of the deceased. He thereupos 1896, #greeing to pay a sum of $75 per month.
proprietor that I would not be responsible for and sald No I am entitled to a rat class took possession of the furniture, as he was Shortly afterwards the plaintiff, who had the
his board, I rext saw him about 9 am on passage to Calcutta he then could harf absolutely entitled to do. He advertised the watch and chalu in pawo, received a sum of
Sunday. He then apologised and asked me to let enforced his rights there, but his passage the same for sale on the oth October, in order. $500, which she handed over to the defendant to
him off, but I said "No, it was impossible. On to Hongkong was given him through that if any one had a right to any of the furniture pay sundry debts of her own and also to redeem
the Monday he came again and I told him I charity, and so far as the order on Messrs. to so claim. The plaintiff took up that position, the articles. The defendant apparently did Mr. Huttings-Twenty-five ?
would have no more to do with him; the thing Sassoon, it was given through the Influence The defendant was here as Official Administrator redeem the watch and chalu, but had kapi it, no Plaintiff Twenty-five I-net ten.
was finished. We had a rehearsal and he came of two members of the Company speaking to of the estate of the deceased, so that if there were he alleged the plaintiff asked him to raffle it for a Mr. Hastings-How many now ?
again and said "Let me play. Do away with the the defendant. The plaintiff had no right fait, any claimants they must come forward. But sum of $350. That the defendant had not done, Plaintif Well, four drinks would make me agreement entirely and pay me how you like." The action is on the first agreement, and not what happens? Miss Saunders rushes into and not only kept the articles then but had refused drunk.
I said I was going to let Mr. Court play, but If the second. He did not bellere any such- Court and puts the Official Administrator al | to give them up since. The plaintiff now such
Continuing never took whiskey for break he wished to play he could do so, but I should agreement was made. There was no cause of arm's length and says the property never was for the recovery of those articles or their valus fast or dinner. Is Hongkong I had hemorrhage throw him out if he got drunk, and furthermore action shown to his mind. He thought the Apcar's at all. If any of there articles wore | $350.
of the River and vomited blood. I suffered he had no claim upon me. On the Monday and defendant's acts were kindness and the original belonging to her as presents from Apear, then "Mary Mooney, the plaintiff, was then called from the same whilst in India. The cause Tunday at the rehearsals I was not present. I agreement was broken by the plaintiff's, gross they must have been his some time or other. She and gave corroborative evidence of the above, was through climatic influences and cold, consented to allow his playing if's performance misconduct. He was sorry to have to speak so, must first establish her right, and then as regards The defendant stayed in her house for five perhaps accelerated by drink. I saw Dr, Cantile was to be on Tuesday, but that night the company but he must give a verdict for the defendant, that property which she says was gives her as a months. He ran the mess and during the and he said my illness was a cold probably did not play. The following day I saw him and Do you ask for casts ? gift the most prevalt was a righteous transaction. several months bad advanced her money on caught by a chifi at night. I told him I was a ↑ be asked me what was he going to do. He said
tang ang lamedwall Mr. Hastings÷–No, my lord............ uGGUNA PASË The defence was that Apcar kept Mim Saunders account. The defendant said had a claim | pretty, free drinker, and had been all my life, “Give me a passage to liongkong and I there at the house No. 44 Lyndhurst Terrace, of which against her, which she was willing to settle. He did not say my complaint was entirely might join the Stanleys." I said all right and !
Anurag Me the Brown de Có, Ld.—$53 per share, sellars, we was the lessee. She had no money, he acted
spirits so much. I went to the Peak bospital, with other members. Whilst I was speaking He warned me not to drink gave him a passage on board the Zy-to-moon, through drink.
MUTINY ON THE BRITISH,ture, buyers caldo bom Margy id bangles The Songel, Koyah Planting Có, Ld=$11ā par :: aa ber banker and paid practically" for every-
and was away from the Company 8.org days, or with some of the latter they asked me what i
DUSTEAMER "OXFORD,"** thing, and although it might seem he was giv
Cruickshank & Co., Lá- $40 per share; nom KYTOJU The Steam: Lanach Co., Limited-nominal, ing these things to her, yet he never did, nor
about four performances. After I came down I was going to do with Webbe, me if I
The Austin-Armas Hotel and. Building Co, Ldiyy did he ever Intend to give her, the
saw the defendant. He had paid all my expenses could not give him a steerage massage to Cal- property. She was there for him, got what
and I was grateful. I do not remember anying catts. I then consented to give him an order,
Lot-nte per cent, dis, sellers,bolje na money she could and he would keep and supply
"You have saved my life. I made him and he appeared, to be very grateful. I said
The China-Banco Co, Ld13 per share, her, and the whole house was to remain" his
promise that I was going to kasek liquor off. "Have you any money?" He said "No," and property.
The Hongkong Brick and Cement Coy ld- I did so for a fortnight, dilaking nothing but gave him $5. The next I heard of alm was
*:§ 18 per share, sellersonen solchinath pena milk. I began again on port-wine and then when I got to Hongkong on the aist ulto, and I brandy, I had about two drinks each day. I did then received a letter from him asking for his
The Green Island Comans. Co.-dao par shain, not begin whiskey tili I get to Shanghai. I then board and 3rd class passage to Calcutta. The WIPER V. HARDIKO,
drank nothing else. We got there on the 6th De-welt was served upon me on the 26th wito.
The Hongkong Land Investment Co., Limf This was a claim in which the plaintif sought camber and then I started the whiskey, I believe Cross-examined-The worst occasion in Hong! to recover wages and expenses alleged to be due † † had a whiskey- when leaving Hongkong.
The - Hongkong Floetsie, Light Co, Ld-371- by the defendant through the breaking of an was only the worse for liquor once is Shanghai when on duty. I could not say I was so off duty.
Gop, Jenwich, A. Co., Limited-$23 per share,
sellers, Mr. Wilkinson appeared on behalf of the The Company broke up on the 16th. It was
$30 per plalati, sud. Mr. Hastings for the defendant, on the 13th I was the worse for liquor. I was not
The West Point Buildings Mr. Wilkinson said the plaintif, an actor, so on the itth. We played Out Boys" that
Met share, welfarem was engaged by the defendant for the My night was not worse for liquor that night, Sweetheart * Company. The plaintiff, who at The defendant may have spoken to me, but I the time was in Calcutta, received a telegram do not recollect his haying done so. I will not from Rangoon asking him to Jolu; the Com, swaar he did not. On the 13th wo played "La pasy, of which the defendant was manager. Perichole, I was cast for the Count. It was The plaintif replied to that telegram asking so important part. I went to bed at 6.30 that what salary he was to receive. A secundarening, the worse for liquor. I was awakened telegram was seat to plaintin, through which tgp.m. Ithould have been at the theatre by he proceeded to Rangoon and there performed 8.30 p.m. They sent a man for me and I went in the Company. From Rangoon they in a ricksha to the theatre. I got there at 9.15. went to Penang, where the plaintiff signed I went up to my dressfor room and found's
Mr. Bruce Shepherd was then called and gave evidence, after which the Court adjourned.
January 30th,
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Sbe valued the gold watch and chain. at $300, the ring at $30, and the revolver at $20.
Nors Mooney was called and gave similar evidenca.
.
The defendant said he had a 'llan on the articles for money due to him, which he set up as a special defence,
His lordship gave judgment for the plaintiff
with casts.
agreement.
February 4th.
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Kada in malaV -
THE CHIEF OFFICER THREATENED BY FIREMEN,
Toaquin Cosi Mining Car--8410 per share, Company---877 per share, sollers, prodira
sales and buyers, an The Hongkong High-Level Tramway Con
Limited 75 per share, sellers, The Bit Borneo Planting Co., Limited-87 ihə per share, bayaran pentadie
- galleri,
Peter Yes, 26, and Albert Veleven, 28; Both hailing from Holland, were brought before Mi Wodehouse at the Police Countyesterday marking and charged with mutiny"od, board the British steamship Oxford on the high seas, whils off the the coast of Japan, on the 31st slime AR RES
W. Jones, master of the Oxford, said the two prisoners were firaisen on board his ship. 205 theziát éltimo his vassel Wis lying at ancher At 6 pm, on the day in question he retu in Miroraa Bay, in the faandwr Yenig to als vassal from the bore and In 201 sequence of report made to him by the chief officer be made the entry in the log book produced. When be read the entry over to the The Peak Hoteland Trading Că, Ldogão per prisoners two days later they said “some is true shard, sollars and some is false." One of the prisoners made The Labak Plantag, Co, Ll-$31 per share, | 10 sttempt on the life of this second applied
The Laung Planting Co., L~37 per slaan, and they both threatened the chief officer. 197, za
Samuel Becher, chief officer, sald that thy two-
Tha Jelabu, Mining and Trading Co, L4:33. prisoners attempted to remove loué of the plakking of the bridge for the purpose of lead PE
The: Selama: Tin Malay Co.:1le::$1,56;par/ a stora pipe through the sperare. He talô thèm him, used abusive language and idđôd that thấy, to>>leurs it sions," whân, they, threatened
The Akamsen (Hotal Co, Ldemnauinaire. would kill kina, in consequence of their kulture the Kowloon Land Investment Co, L$!
Lov per share, sellers, veins by's U he rushed to his rooms for inte revolves-M called the chief explasers Women Wert/ds. The frog sad kogu Ca of China and Japaniem * Yaaru urticles," of they had sérved five à forfan per shamei sales, provi
Begin Red lock ke The Trust and Loan Co. of C. J. and S180 prior to tampering with the bridge the defending Donald MacLeod, second engineer, stated that
Founders ihæren.
www (lk the stoke hole. They reksed to obey his orders there and threatened to kill MIGH Subsequently they left, their work and went on MY
deck. The men had behaved-badly:"all the 162488
in the presence of Miss Barnes, Ms. Apcar, Van Japan and whlets tour would probably extend distinctly, Mr. Hardlog ordered 'me out, and Sained-A residence in a hot climate months.
The hearing of this case was resumed; Olivia Shaw, sa Hollywood Road, said she at
kong was the night we acted "Our Boys. He onsiime lived at No. 44 Lyndhurst Terrace with
got through his performance that night, but he the plaintiff. She had known her z) years,
did not do his part properly.. I do not consider She arrived in the Colony in 1888 and went;
that the plaintiff is entitled to a first-class pas- to her house. She knew Apcar, and of her own
sage, I am willing to give him a third class knowledge Apcar told her that he bought the
papage, but not ander ble agreement. He has faroiture in the house. Miss Saunders had
not the slightest legal claim for it, or yet for told her in February 1890 that she meant to
wages, board or lodging, pay the money for it. At one time Miss
James Cantlle, medical practitioner, caldy) Saunders told her the furniture, was Eus,
"Gist saw the plaintiff on December 5th. He at another time she said she was Mr.
complained of feeling low and vomiting blood, Apcar's housekeeper, and at another time she
His liver was small and not healthy. The com- said Mr. Apcar had put the furniture
plains from which he suffered was brought about in the house for her to pay him back.
through too much alcohol. It is the only cause Witness remembered a meeting Miss Saunders
of that disease. The plaintiff, told me he had had with a Mr. Van Eps, which related to a
suffered from the same before. The complaint bill of sale. Mr. Apcar wanted. $16,000 an
might have been aggravated by a chill. He went the furniture and' said it was worth $23,000, | an agreement that be should receive difficulty is getting on a pair of white pants over to my hospitalon the8th December. He was very said he, would make her a present a certain "weekly salary whilst on a tour my boots, I was not too drunk to dress myself, or sesiouly ill. I told him a great deal of drinking He of the difference. A memorandum was signed through the Fra which to terminate in get to play, it was nervous and could not speak would do him harm. He left the hospital on the
ps and witness, dated 7th February, 1889: over a period of four months. The agreement heard that he spoke to the audience that A pcar said so, would give her the lease of the further stated that the plaintify, at the break-up member of the Company was ill and substi- would not bring on such a disease. Having once mouse for two years, but she wanted her own of the Company, should have a first class passage tute would read the part, the hotal-keeper suffered from the disease the plaintiff is liable to Heit to pay it in, Miss Saunders and Mr. Apar granted him to Calcute. That agreement was asked why I came back, and I told him. He said he subject to it agale, either through cold or i had frequent quarrels about the payment of bils, algued in Fenang, and from there the Company. I was not drunk. Next day I get letter from chill. I did ask him if he had been accustomed and Apcar wanted her to sign the bill of sala went to Singapore, Hongkong, and afterwards to the defendant dismissing me. At the same time to drinka muka Witness laft on the last day of April. She bad Shanghai, where they arrived early in December. I was informed that My, Harding had written to Mr. Willoughby, late member of
"of the no personal interest in this suit. Whilst she was On the 16th December the Company broke up, | the bolel keeper stating that he would not be Sweetheart" Company, said—I lived. In the In the house Mias Saunders was always crying and his client was sent to Hongkong without responsible for my board med lodgings from that Victoria Hotel with the plaintifTMT saw for want of money and witness believed at that any means whatsoever. At Shanghul the date. He paid me on Tuesday, up to Saturday him several times under the infuance of liquor time she had koze.
defendant got the boxes of the plains an order Tuesday the Company dispersed Before leaving Mr. Harding peak to him several times, to I sent on the rythu. I signed the spceipt produced on the and occasionally at rehearsals. I have heard Cross-camland Mr. Apcar refused several board a steamer and then gave times to giva Miss Saunders money, Whilst I on Mesurs. Saison & Co. for a passage to for: Hongkong I saw Mr. Handing, and he which he replied he was very sorry, and it would well in America letters passed between myself Calcutta. On arrival here the plaimili ( was | Maked me what I was going to do. He agreed not occur again. He ursilly dnak whiskey, ja und: Mian Saunders 1. aku wanted, soma, gitis unable to go by the steamer te Calcutta, and in- te take me back and I went to the rehearsal on | bottle of which, he bad in his room. After his brought over with me. When I camel want to the consequence he was now sbsolately without say|Monday,” He did not say he would not have illness he began to drink port wine, brandy, und Monse sed paid Miss Saunders 3120 per month for maani and was at present living in a third-class anything to do with me, not yet did he say so then whisker. Before going to Shanghal, the board and lodgings. There were two other girls hotel. The plaintiff now swed for his board and when Kreat to the rehearsal on the Tsasday, 1 day we left "Hongkong the ens under the who paid the name as myself, Winca were lodelars whilst in Hongkong and also wares ay was cast for Melatcher is Uncles that lafiuence of drail An Shanghai I saw him always sold and Miss Saunders took the money, to that tims, and further a first class passage to evening and was ready to performs it On Thurs several times under the influence of drink. Gue
MMADAME tienske ved day 1 mit lit. Harding and he asked me again fright whilst he Shurghat f, was fent for himse There was a little Jealoury between" Mist Calentia. Saunders and Mr. Apcar. He threatened to put John S. Webbe, the plaintif, said-1 was What was going to do. I said I wanted to go found drunke in Beds We came to the the latter part more confidence was Miss Saunders and all of us ent. Then Miss, engaged at Calcutta by telegram as a member of to Calents and he agreed to give me a passage, theatre and as he was unable to get his clothes and exhibited and considerable buil Bainders was snxlogs for the frase from Kr] 1.the, My Sweetheart / Company, I entered inte – I teld him I would fry and join the " Stanley's”) Mt. Harding seat hits away, a che sent day "F" tranzanted.
The Chief Engineer corroborated, phenollibhai twelve weeks' hard labour,
His Worship sentenced both the prisoners to
Commercial
THE WEEK'S SHARE-BUSINESS.
www.Hongkong, Februar
* The past week opened dull, but::during
The Hongkong Marina, Linked Tondon and Pacific Patroleum Co, Lin
nd, 30, bayarsaN. TAN CASING. odt en tein 191
7' Bankė Bi evCreditat