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From Our Own Correspondent.]
Shanghai, 20th June,
Noon.
THE HONGKONG TELEGRAPH WEDNESDAY JUNE 201
THE LAI HING BANK GASH;
'WAS WOND A PARTNER?"
In Bankruptcy Jurisdiction this morning, before the Full Bench, consisting of their SUNKEN MINES OFF COREA, Honours Sir Francis Piggot, Chil Justice, and Mr. A.G. Wise, Paisno' Judge, the re-trial of the issue as to whether Wong Ka Chuen was, as alleged by the creditors, a partner in the Lai Hink Bank, was opened. It will be re- membered that the issue arose out of proceed ings in the bankruptcy of the Lai Hing Bank, and the question was dealt with by counsel on the 4th 5th, 6th, 7th, 8th, and 10th days of April last, befure bis Honour Sir Francis Rott, Chief Justice, and a common jury and after hearing the evidence for the Official Receiver, and Woog Ka Chuen, the jury found that Wong Ka Chuen was not a partner at the date of the filing of the petition in bankruptcy of the Lai Hing Bank, and judgment was entered accordingly for Wong Ka Chuen with costs against the Official Receiver, the casis to be paid out of the estate of the Lai Hing Bank. The present action was for a re-trial of issues further evidence, as it was alleged, having been sioco discovered, going to show that Wong Ku Chuen was a partner at the date of the filing el the petition against the Lai Hing Bank.
Owing to the presence of sunken and floating mines an order has been issued by the Japanese Government forbidding the navigation of trans- ports off the north-eastern coast of Corea between sunset and sunrise.
[Reuter's.]
The Tantah Affair.
LONDON, 18th June. Thirty-five Egyptians' have been arrested on account of the Tantah affair.
The British Naval Manœuvres. The first period of the British naval manoeuvres, the object of which was to test the new mobilization arrangements of the reserve divisions, and the effectiveness of the coast defences, terminated on Saturday.
It is understood that the results were inost satisfactory.
|
creditora.
Mr. Justice Wisal When did the fourteen fact, it did not. Moreover, his Honour, did days expire..!!
Mr. Slade: On the 1st May, my Lords. The Chief Justice: The section means that a notice of motion shall be given that an application for a new trial will be made after
fourteen days.
Mr. Slade: I don't think so, my Lords, but I think we should have a ruling on the point ouco for mil.
should be given within fourteen days, and the The Chief Justice: The notice of motion motion for a new trial can come on later.
Mr. Sharp Section 609 says that the notice of motion shall be made within fourteen days.
Mr. Slade: Still they are out of time, as they only gave thirteen days' notice. However, that is by the way; I will not press that. As regards the affidavit put on the file and refer red to, I submit that was also entirely out of time. The notice of motion was given on the Fath Juos that they fled the affidavit.
The Chief Justice: What was filed on the 13th May?
Mr. S'ade: A notice of motion for, a new trial, my Lord. The decree was given on the 28th April.
Mr. Justice Wise: Well, that's alright. The Chief Justice: I think that is in time. Mr. Sharp the said this was an application for a new trial of the issue brought on the grounds (1) that the judge in his summing up
misdirected the jury; (3) the verdict was entire
not correctly put the law to the Jury. A man's own clear admission is evidenca sufficient, use lessthey could be shown to have been, made- by mistake. There was no reason to believe
affidavit, were made by mistake. that these most solemn statements, made under
After further argument Mr. Sharp said be could pot, further his care by shouting his ar gument at the Court; he thought the case was so palpably clear.
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The Chief Justice: That is just what it is not. Mr. Sharp: What can be clearer than a man's own most solemn statement made, when there was absolutely no inducement to make such a statement beyond the fact that it was the truth. Even allowing that the mas Wong did retire in 1898, what more probably than that he did return to business, and what more likely than that he should return to the old business with which bo bad so long been con nected, and learned counsel said, quoting the polat from the summing up, that in saying |
if you believe in the break in the partnership,overeign.. you want very much stronger evidence to prove that he came back to the firm,” the jury were misdirected, as there was no reason to suppose that any strong evidence was needed at all, as what was more natural than that a man, after giving up business, for family masons, fora tinio, on returning to business he would return to his own firm, and we know gad
Hon. Mr. H. E. Pollock, K.G., and Mr. H. E. Sharp, K,C, instructed by Mr. G. K. Hall Brut- ton, of Messrs. Britton and Hall, appeared for
we have it in evidence that Wong was in busi- the plainti M, M. W. Slade, instructedly against the weight of evidence, and (3) thatners in Hongkong at the time of the applica- by Mr. R. Harding, appeating for Wang Kafresh evidence bad come to the knowledge of tion in bankruptcy. Learned counsel then Chuen. Mr. G. H. Wakeman, Oficial Re- the Official Receiver, since the trial of the| preduced the evidence of the witnesses and ceiver, watched the proceedings on behalf of the issue. Learned counsel then proceeded to quote at great length authorities in support of his grounds for the application, after which he reviewed the facts of the bankruptcy of the Lai Hling Bank, after which Woog Ka Chueo, à tran of wealth, was sought to be proved not to have been a partner at the time of the bank ruptcy, having retired from the Bank some yean previously, in order that his property might be kept from the creditors of the Bank. The case came up for trial and the jury found that Wong was not a partner at the time of the bankruptcy of the Lai Hing Bank Considerable discus- sion as to the credibility, of the witnesses in that case, then took pince, alter, which Mr. Sharp asked that the shorthand writers" notes might go-in in this instance. He wished
Ilis Honour the Chief Justice maid that be fore the case was called on he wished to call attention to the fils put before the Court, whịch showed an extraordinary disregard of the order of the Court, firstly, with regard to documents pui on ble in cases, especially as regards the copy of the summing up in the case to the jury; secondly, a document had been put on file which is a copy of the shorthand writer's notes The battleships Resolution and the Ram of the summing up with the judge's correc iller have collided.
BATTLESHIPS COLLIDEN.
Later.
The latter was towed to Chatham with a damaged propeller.
Russian Poland.
ions, and thirdly, that an affidavit had been filed that the notes filed were the official reporter's notes of the summing up. This put on file the official records of the Court which appeared to be a most extraordin
pointed out that his Honour was wrong la stating that these men went to the Bank on their own' account, some of them want to the baok, and not seeing Wong or his son went away, and returned later, and finding Woog's son then deposited money in the bank, these actions going to show that these men made the deposits in the bank under the bellof that Wong and his son were partners in that bank. The Court adjourned till to-morrow at 10,30 am.
THE NEWSspaper prESS IN CHINA.
Five soldiers and a policeman were wound- j ary proceeding, and he, the Chief Justice, would distinctly to state that be desired them to gain china at the present time is interesting, both.
ed in Warsaw on Saturday, and two killed, and a police officer, his wife and two soldiers were shot dead on Sunday,
No arrests were made.
Parliamentary.
therefore be glad to hear an explanation from Mr. Sharp of the extraordinary occurrence, of #hich be entirely disapproved.
• Mr. Sharp: I thought, my Lord, that the off- cial report was put on the file...
His Honour the Chief justice! It is not vo the most important document is conspicuous by
AMERICAN CONSULS THEORIES, The status of the newspaper business in for the purpose of supplementing the judges from a business and a sociological standpoint. Gotes, and not of challeng ng them, as his Ay might be expected from the radical differ Lordship had said.
The Chief Justice: I cannot give a decisiónence between the Chinese and foreign lan on that point now; 1. must chasider it. It opges, there are two kinds of newspaper and pears to me they do challenge the judge's notes, pubishing business, one foreign (generally Mr. Sharp: My Lord, I think "supplement English) and the other Chinese. It is sather surprising, in view of the comparatively small is the better expression.
Inreign papulavion in China, how many publi. cations there are i foreign langu ges, Shang- has has five daily newspapers, hree mor in and two evening papers, one in French. It hasix foreign wea«lies, one in German. It bus also four Chinese diles and a large
Mr. Balfour's amendment on the closures absence. The next point is why an affidavit resolution was rejected by 341 to 171. was put on file from an official of the Court
The Chief Justice: Well, but then "supple, regarding documents which are the propertyment ? may also include “contradict.” of the Court, and I cannot conceive why such
Sir Henry Campbell-Bannerman states that it is proposed to adjoum Parliament for August and September, and to re-assemble in the autumn.
Chinese Labour in the Transvaal. A section of the Liberal press persists in the demand for the stoppage of the importa tion of Chinese labourers to the Band, and the speedy deporiations of the others.
The Daily News declares that the reluct ance of the Government agents to execute its policy, is making it the laughing stock of South Africa.
FIRE ON THE "DORIG.".
HOATSWAIN SEVERELY INJURED.
Mr. Sharpe submit not, my Lord, But
Wo
an extraordinary procedure was taken. They we tender this evidence. We do not neces were filed entirely without premission, and thesarily ask a decision at the moment. only official who could give such permission
do not desire to contradict your Lordship's was the Chief Justice, but no application for notes; that is not the position we take up. We such permission had been made to him,
Mr. Sharp: I am instructed that an appli- cation was made to the Registrar, and the ne- cessary consent given.
do not wish to omit your Lordship's notes, hul only to supplement them. They are the notes of the official reporter, as i understand it.
The Chief Justice: Once again I must ex. The Chief Justice: But the document is a plain har position. Whèn ha'is requested to at- document which is the private property of the end, the Court and take verbatim notes of Court, and nobody had any right to have it in
cases and those notes are for the use of the his possession. As regards the affidavit it Court he is the official reporter. But if he appears it can only have been filed for the pafchooses at any time, when not required by the post of challenging the correctness of the printed report,
Mr. Harp: No, my lord, there was no in-
tention of making any challenge, we thought it was the official report, and we went to the egistrar in the first instance and asked for and obtained permission to file the same in these proceedings. But since we find it is not the official printed report, we will rely not on has but on the printed official report, which
should settle that point.
Court, to take notes for purposes of his own, or for publication in a newspaper, or for any other person requiring them, he is not the official re-
parter, and his notes are not official notes of the proceedings, any more than those of any newspaper man.
Mr. Sharp: We understood, my Lord, when this position was created, that he was an official reporter and we could get oficial records of
cases from him.
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[650
Hongkong, 20th June, 1996. THE GREAT NORTHERN TELEGRAPH
COMPANY, LIMITED.
HONOKONG STATION.
December, 1902, and subsequent Notices, REFERRING to the Notice of 20th SENDERS OF TELEGRAMS are hereby advised that, from 1ST JULY Next, the CURRENCY equivalent of the FRANC will, subject to re vajon after three months, be fixed at 20.39 at which rate the charge for all Telegrams will be
collected from the said date.
there are a large number of religioas papers, | duion), mostly in Chinese, published by the mis- sion authorities for the several misslons, to be used in connection with their work in various parts of the Empire. Some of these mission publications have a large circulation, and are forming an important factor in the regeneration of the educational and social system of the nation. In the South, according to the reports of American Consuls Hongkong dominates the publication business, and as it is a British colony, English publications, might reasonably be expected to lead, but on the face of the record, the Chinese predominate. There are four English dailies. There are six Chinese dailies, and ns in the case of Shanghai, there are a large number of publications designed to fill various wants in South Ching, a Portuguese weekly and the Government Gazette being among them. In nearly every port of import- ance in China there is an English publication of some sort. Tientsin bas good newspapers, considering their support; Amoy and other ports are also provided with periodi al publica- ions. The publishing houses, as a rols, both dewspaper concerns and conceros for general Mr. Sharp: Well, then, my Lord, how are printing only, are fairly well equipped for their we to know when he is switched on and swit-work, Same of them attempt work in the line ched off when he is official reporter and when cf high class magarine and book publishing, and while it is not always an, unmixed success from a technical typographical standpoint it demonstrates that the Chinese workmen who willis ilme acquire considerable success in this direction. Practically all the establishments are equipped for more or less printing in the Chinese language, and some of the newspapers devote a portion of their space to a short review of the news of the day in Chinese This work, of course, requires special staff, but it also brings it special returns, and in probably an advantage.rather thas a drag in the business. Some of the concerns have the latest modern machinery. The newspaper in Chinese ports
At about 5.30 o'clock yesterday afternoon fire broke out amongst the dunnage and mailing in the No. z. hold of the s.s. Doric, while she was lying at anchor in the harbour, Many attempis were made by the crew of
The Chief Justice: No, no; I cannot cop- the ship to extinguish the blaze before it be
The Chief Justice: It was's most improperceive how anybody could get such an idea. came serious, and the signal was hoisted for
action on the part of the Registrar. It seems He is, as already explained, only the official immediate assistance. The fire-float was some
A most extraordinary procedure to try to go repo ter when requested to take notes officially, time in arriving and for the safety of the vesichhehind our backs in such a manner, and then at any other time he is nothing more than a
Men from additional signals were hoisted.
to get an official of the Court to make these newspaper man, H.M.S. Tomar were the first to arrive and
Bost of affidavits immediately set to work to keep the fire under control. The fire-float arrived some time ister with a couple of fremen in charge of Inspector Langley, and boses were soon brought to play on the flames. The work of the fire-fighters
Mr. Sharp: think, with all deference, that your Lordship la imagining all this. I submit that there was no intention or desire on the part of any one concerned to go behind your
be is not?
was greatly hampered owing to the excessive Lordship's back to get documents filed. More: hat at least ten times. He it only required to do most of the work under forelga supervision
smoke and heat, and it was not until three hours later, when eight feet of water was pump ed into the hold, that the fire was subdued There was no damage done to the vessel. The Toutbreak, we are informed, occurred when the boalswain of the vessel was disinfecting the kold of the ship. It is said that the sulphur used for disinfecting purposes ignited the matting and dunnage wood. The boatswain
was greatly alurmed and started to extinguish
the fire himself. in the attempt he was badly burnt and later on had to be removed to hospital. The cause of the delay in the arrival of the fire-float was due, it is stated, to the wrong signal having been hoisted by the Doric. When the alarm was given they ran up the sigual "N.H., which is right according to the International Code, but wrong according to the local code-book. Consequently when the signal was sighted at the Police Station it was UO! understood and the delay was caused by hunt ing through the International Code Book for the meaning of the flags.
THE WRATHER,
The following report is from Mr. F. G. Figg First Assistant of the Hongkong Observatory-
On the 20th at 11. 45 *,. The barometer has risen over Japan and N, China, and falien on the.. coast of China.
..
over, we were not aware that the shorthand
writer was an official of the Court,
The Chief Justice: I have explained that at least half a dozen times in this Court, and tried to make it clear that when he is taking his shorthand notes officially he is an official of the Court. When the appointment was first sug gested it was found that there were not suffi cient funds available for the appointment of a regular stipendiary official reponer, the present arrangement, was made, and is that extent, as explained, the shorthand writer is an official of tse Court.
...
Mr. Sharp Then, my Lord; as we are on the point, it would be well to have something definite as to the position, and we would ask if it is not a fact that the shorthand writer is the proper person to certify the correctness of his reports.
The Chief Justice: What, as against the Judge's notes?
Mr. Sharp: I am not referring to judges' notes, or summing up I mean as regards the notes of evidence.
The Chief Justice: As a newspaper man he could make any utfidavits he pleased, but not when that newspaper man, being also an official of the Court, was asked to deal with official
maiter.
Mr. Slade then said that he objected to this new trial, as the parties were many wocks out of date. The section of the Ordinance dis
The depression, moving Kaitwards has pass-tinctly laid down that after the expiration of ed from the continent to the Yellow Sea near fourteen days from the date of the decree or judgment no application for a new trial could "Sbanghai.
Pressure is highest to the N. of Japon, asil be considered. over the S. part of the China Sea.
Fresh SW.winds are indicated in the For mosa Channel, and moderato SW. winds over the N. part of the China Sea,
Forecast SW. winds, light ; fog.
The Chief Justice: Surely, I have explained take dawn judgments; he is not asked to take notes of evidence. I thought that was clearly understood..
Mr. Sharp continued his argument as to the evidence regarding the elimination of Wong Ka Chuen's name from the cash books of the Bank, and the Court adjourned for tiffia.
After the tiffin recess, upon resuming, his Honour the Chief Justice said that he and his
learned brother had consulted on the subject of the admission of the shorthand writer's noter, in 'evidence, and after looking over the autori- ties quoted, and upon which some stress had been laid, they found no reason for, admitting the notes as evidence, and they therefore had decided to declius to admit them.
Mr. Sharp: Then I would ask your Lord. ships to make a note of the fact that the notes, which your Lordships now refuse to admit, are the notes of the one and same man whom your Leidships, or your Lordshipt • Chief Justice, ha- appointed as an official reporter, or short hand writer, or whatever the position may be called that the notes are the notes of a man acceptable us a reporter, officially, to the Court The Chief Ju tice: Well, now you have mentioned this point, Mr. Sharp, I am glad to have this opportunity to refer to the capability of the shorthand writer, I consider him a very capable inan, and have every confidence in him as a writer.
does not justify large and high speed printing machinery. All over the Empire, paliva news papers are being started in the colloquial dialects, and are more or less local in character, The result is that many irresponsible publica tinne are issued, and the means used by their projectors to keep them ative have a striking similajity to those employed by irresponsible parties at various times and in many places, particularly in the United States. Newspaper are established, run a short course and then drop out of existence. Blackmail and other evils:flict many communile. Much of the anti- preign agitation which has caused so much trouble in China in the past few years
18 10 be traced to such publications. is unfortunate in some respects that the publication of news
P papers in the several local dialects has devel ed to generally. While such publicatioin will ford means of educating the people of the Empire in some directions, they alio furnish he means for deep. aug the gulfs dvidi g the several provinces which differ to dialecia. ach newspaper caste, it is performs it estural misson, will develop its own language field to the exclusion of a fanguage which might in time become common for all. Chip. It is easy enough, saya Consul Ander-
:10
.sy
Mr. Sharp, then dealt with the grounds for
of Shanghai, to criticise newspapers any bringing this new trial of issue, and said, as regards the first ground, in summing up his wherd and in any land, but it is not always to improve such newspapers, when their Honour had expressed opinions as to the upport, their origin, and their panicular field rights and wrongs of the case to the jury, are considered: There is a widespread impres The Chief Justice: I am conscious that a which, be submitted, no judge had a right son at most of the foreign, publications in special application was made, within the to do in summing up in cases which had China are making money to a very satisfactory time, la Chambers.
to be decided by a jury, and subroifted degree. The proprietors secure as extraordis. arf, one might almost 'say an extortionate, that bis Honour had intimated that the price for their paper and secure good rates for [ower probandi rested where, as a matter of their advertising.colemas.
Mr. Slade: There was Chamber application made on the rath May,
OLAF NIELSEN,
Superintendent.
1658 Hongkong, 20th June, 1906. NORDDEUTSCHER LLOYD, Bremen, IMPERIAL GERMAN MAIL-LINE.
NOTICE TO CONSIGNEES.
"THE Steamship.
"SEYDLITZ having arrived, Consignees of Cargo are hereby informed that their Goods, with the exception of Opium, Treasure and Valuables, are being landed and storedat their risk intothe hazardous and/or extra hazardous Godowns of the Hong kong and Kowloon Wharf and Godown Com pany Limited, Kowloon, whence delivery may be obtained.
Optional Cargo will be forwarded unles notice to the contrary be given before 4 P.M., TO-DAY.
No Claims will be admitted after the Goods
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All broken, chafed, and damaged Goods are to be left in the Godowns, where they will be examined on TUESDAY, 16:b instant, at 9:30 A
All Claims must reach us before the ind of July, or they will not be recognized. No Fire Insurance will be effected. Bills of Lading will be countersigned by the Undersigned.
NORDDEUTSCHER LLOYD,
MELCHERS & Co. Agents.
10
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