THE LAI HING BANK CASE. ·
WAS WONG A PARTNER?
zoch inst.
THE HONGKONG TELEGRAPH SATURDAY, JUNE 23 1906
Mr. Sharp then said this was an application for, a new trial of the issue brought on the grounds (1) that the judge in bis summing up misdirected the jury; (3) the verdict was entire ly against the weight of evidence, and (3) that fresh ovidence had come to the knowledge of the Official Receiver, since the trial of the In Bankrupicy Jurisdiction this morning issue. Leamed counsel then proceeded to before the Full Beach, consleting of their
quote at great length authorities support ol Honoun Sir Francis Piggot, Chief Justice, and his Mr. A. G. Wise, Paisne Judge, the re-trial of grounds for the application, after which he reviewed the facts of the bankru; tey of the Iai the issus as to whether Wong Ka Choes Watling, Bank, sites which Wong ke Chien, a as alleged by the creditors, a partner in the
man of wealth, was sought to be proved not to Lai Hing Bank, was opened. It will be ro
bank. memband that the issue arose out of proceed. I have been a partner at the time of the
ruptcy, having retired from the Bank some years logs in the bankruptcy of the Lai Hing and the question was dealt with by counsel on previously, in order that his property might be the 4th 5th, 6th, 7th, 8th, and 10th days of kept from the creditors of the Bank. The case April lat, before his Honour Sir Francis Pig: came up for trial and the jury found that Wong was not a partner at the time of the bankruptcy Chief Justice, and a common jury, and of the Lai Hing gott,
Considerable discus. cus. afer
and Wang Ka Chues, the jury found that case then took place, after which Mr. that Wong Ka Chuen was not a partner at the Sharp asked that the shorthand writers' notes date of the filing of the petition D bankruptcy
might ช in this lostance. He wished judgment waI of the Lai Eing Bank, and entered accordingly for Wong ka Chuen with distinctly to state that be desired them to go in for the ригрове of supplementing the judge's Conts against the Official Receiver, the costs to be paid out of the estate of the Lai Hing Banknots, and not of challenging them, au bis
Lordship had said.. The present action was for a restrial of issue, further evidence, as it was alleged, having been since discovered, going to show that Wong Ka Chuen war a partner at the date of the filing of the petition against the Lai Hing Bank.
Receling the evidence for the Officialsion as to the craft of the witnesses in
Hon. Mr. H. E. Pollock; K.C., and Mr. H. K. Sharp, C., instructed by Ms, G, K. Hall Brut- ton, of Mesars, Brutton and Hett, appeared for the plaintiff Mr. M. W. Slade, instructed by Mr. R. Harding, appearing for Wong Ka Chuen, Mr. G. H. Wakeman, Official Re ceiver, watched the proceedings on behalf of the crediton.
His Honour the Chief Justice said that be fore the case was called on he wished to call attention to the file put before the Coust, which showed an extraordinary disregard of the order | of the Chart, firstly, with regard to documents put on file 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 of the summing up with the judge's correc tions, and thirdly, that an afidavit had been filed that the notes filed were the official reporter's notes of the summing up. This pal on site the official records of the Court which appeared to be a most extraordin ary proceeding, and he, the Chief Justice, would therefore be glad to hear an explanation from Mr. Sharp of the extraordinary occurrence, of which he entirely disapproved,"
go
The Chiel Justice: I cannot give a decision on that point now; I must consider it. It ap are to me they.do challenge the judge's notes. Mr. Sharp: My Lord, I think "supplement" is the better expression,
OU
Mr. Sharp then referred to Wong's witnesses and their evidence, and submitted that the thing was a conspiracy by the partner of the La Hing Bank to shield the most wealthy one of them, and that was Wong.
the name
refer. it
Mr. Bharp then continued his argument re
WAS
|
ALLEGED MURDER ON THE "INDRAVELLI."
FATAL FIGHT AMÓNS REPATRIATED COOLIES.
10th inst.
p
There was much commotion among the
178
THE LEGISLATIVE COUNCIL.
atst inst
A meeting of the Legislative Council was held this afternoon. Present:-His Excellency the Governor, Major Sir Matthew Nathan, R.C.M.G. R.E., Hellency Major-General Villiers Hatton, C.B.(Commanding the Troops), ilon. Mr. T. Sercombe-Smith (Colonial Secre tary). Hon. Sir H. Spencer Berkeley (Ar trney General), Hon, Mr. A. M. Thomson Colonial Treasurer), Hou, Mr. A. W. Brewin (Registrar-General), Hon. Capt. L. A. W. apes-Lawrence, R.M. (Harbour Master), Hon. Mr. WW. Chatham (Directos of Public Works), lion. Mr. E. A. Hewett, Hon. Dr. Ho Kai, M.D. GM, CMO, Han, Mr. Wai Yuk, Hon. Mr. W. J. Gresson, and Mr. A. G. M. Fletchar (Clerk of Councils),
ABSENT.
Hon. Mr. H. E. Pollock, K., and Hon. Mr. Edward Osborne,
MINUTES. The minutes of the last meeting were read and confirmed.
Mr. Sharp said that he could not speak of his awn knowledge, as that knowledge he did not possess, and be would ask to be allowed. to refer to that point later, as bis instructing solici- for did not desire to repeat what was said yesterday without further reference to bie diary, A most important point was the alteration of he might perhaps simplify another point, was altered to Wong Loong" This hundreds of repatriated coolies returning to
The Chief Justice agreed, and said that the name in the cash-wages book. Odgleally Wong Ka Chuen," but by stating that he found #tat
China from the South African mines on board ence was made in the summing up to the was an entry of payment of $150, which evidence of two of the witnesses who spoke to
it was admitted was the salary of a part the steamer Adravili, on the morning of the Wong Ka Chuen's subsequent visits to the ner-while Wong Loong was a workmen. They 18th instant, when news got around that one of their clanamen was lying dead on deck, having Bank; by subsequent visits he meant the visits explain that alteration by
quite by a mistake." been killed, by another coolic. The Indravelli creditors' meeting. paid after, the retirement and prior to the Kà Chuan " was written ing that "s
That was an omission That was palpably absurd, for how could they norived in port yesterday, and on receiving the through oversight. Fou men in all spoke to come to write, by mistake, the name of a man signat the police pinnace was toon along who had had nothing to do with the business, side the coolic ship and the alleged murderer, those subsequent meetings,
they allege, for some rix or seven years? Sufgether with others, who had seen the was removed to the Taim-tsatsui Police ficient stress was not laid upon that alteration and the fact that the obliterated nang was Station, the supposed murderer to be placed. in a cell, ponding a charge of murder, and the that of "Wang Ka Chuen,"
others, to be examined as witosus. From one of these coolles it was learnt that the Fodroselli left, Durban on 24th May, bound for Hongkong with 187 repatriated coolios ou bord from the different mines in South Africa.
FINANCIAL MINUTĖS. During the trip, it is said, there had been some
Financial minutes Nos. 39 to 41 were re friction between the prisoner and the deceased. oer some monetary transaction. On the 18th fatred to the Finance Committee. instant the questanded from deceased a sum again cropped up and
WORKMEN'S' TRAM CARE. the prisoner
Pursuant to notice the Attorney General of money that had been due to him for some
moved the following resolutions :- an argument, and the prisoner left the deceased the running of Workmen's Cars by the Hong and descended into the hold of the vessel to join ong Tramway Electric Company, Limited, hrs compatriots, When he arrived there he
passed by the Legislative Council on the 15th discovered that a big gambling game was in
September, 1904, be rescinded as from to-day. progress, and as he wanted to join in the game,
a. Resolved that until further notice the and did not possess any cash, he left them. Hongkong Tramway Electric Company, Limit sayın, he would be back in a minute as he was
ad, shall provide the following number of can going to get some money. He proceeded on deck and again interviewed deceased. Prison-y morning and evening, at such hours not
being later than 7 a.m, nor earlier than 5,30. in need of the money and if he would
Venient, for artisans, mechanics and daily give him out of the £2 101. that was
labourers, at fares not exceeding a ceste for due to him the debt would be cancelled.
the single journey and 3 cents for return Deceased, it is alleged, would not make the
Journey desired repaythent her would he answer the prisoner. Instead of that he drew a knife and made a lunge at the prisoner. The prisoner cleated to one side, thereby evading the knife and, swinging round, caught deceased's hand. He grabbed the knife, and, it is alleged, stabbed the deceased twice in the heart. The unfor tunate man was killed instantaneously.
gardie Wong's admission, and said it was adminions were made. It was material only
Mr. Sharp: That point was not sufficiently that they were made, without any outside influence or inducement to make those atate clearly fald before the jury. Of cours your ments that he was a partner in the Lai Hingordship did not believe the evidence of the
anketat es here was the evidence of expert, and said so. several witnesses, who stated that they mada deposits with the Bank and did business with it through Wong, under the perfect apprebas sion that Wong was a panger and that in dealing with him they were dealing with a pariner, and under that impression alone they denit with the Bank. Wong promised that
certain date; he could only have made such a promise as a partner in the foi Hing Bank Wong negotiated business with all of them which he could only do in, the capacity of a Partner.
The Chief Justice: Then do you mean that a judge is expected to lay before the jury things what are palpable absurdities and noninsical?
Mr. Sharp: I leave it to your Lordship. Learned counsel then continued his argu. meat to show that there were entries in the cash book of payments of $15 and no explanation of the entry of $ago, and nothing to show how such a sum could have been due to him. The coincidence of the figure was too remarkable to be explained away by calling it a mistake-considering it was in conjunction with the name of Wong Ka Chuen.
The Chief Justice: Well, but then "supple-honey should be paid to the creditors, on a $20 for wages" to Wong Loong. There was time. Deceased refused to pay. There was #1. Resolved that the resolution regarding
inent" may also include "contradict."
We
Air. Share: We submit not, my Lord. But we tender this evidence. We do not neces sarily ask a decision at the moment. do not desire to contradict your Lordship's notes that is not the position we take up. Wo do not wish to omit your Lordship's notes, but only to supplement them. They are the notes of the official reporter, as I understand it
The Chief Justice: Once again I must ex- pla ́n his position. When he is requested in at tend the Coutt and take verbatim notes of cars and those notes are for the use of the Court he is the official reporter. But if he chooses at any time, when not required by the Court, to take notes for purposes of his own, er for publication in a newspaper, or for any other person requiring them, he is not the officini re porter, and his notes are not official notes of The proceedings, any mere than those of any
newspaper man.
Mr. Sharp: We understood, my Lord, when this position was created, hat he was an official reporter and we could get official records of cases from him.
The Chief Justice: No, no; I cansol cop. Mr, Sharp: I thought, my Lord, that the off-ceive how anybody could get such an idea,. He is, as already explained, only the official cial report was put on the file.
repo ter when requested to take notes officially, at any other time he is nothing more than a newspaper man.
Sharp: Well, then, my Lord, how are Mr. we to know when he is switched on and swit ched off; when he is official reporter and when he is not?
His Honour the Chief Justice: It is not so the most important document is conspicuous by ite absence. The next point is why an affidavit was put on file from an official of the Cour! regarding documents which are the properly of the Court, and i cannot conceive why such an extraordinary procedure was taken. They were filed entirely without permission, and the only oficial who could give such permission was the Chief Justice, but no application for sach permission had been made to him.
Mr. Sharp: I am instructed that an appli. cation was inade to the Registrar, and the ne cessary consent given.
ན
The Chief Justice: But the document is a document which is the private property of the Court, and nobody had any right in have it in his possession. As regards the affidavit i appears it can only have been filed for the pur- pose of challenging the correctness of the printed report
Mr. sharp: No, my Lord, there was no in- tention of making any challenge, we thought it was the official report, and we went to the Registrar 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 that but on the printed official report, which should settle that point.
The Chief Justice: It was a most improper action on the part of the Registrar. It seems A most extradidinary procedure to try to go behind our backs in such a masner, and. then to get an official of the Court to make these sort of affidavits.
Mr. Sharp: I think, with all deference, that I submit your Lordship is imagining sil this. that there was no intention or desire on the part of any one concerned to go behind your Lordship's back to get documents filed. More 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 suff cient funds available for the appointment of a regular stipendiary official reporter, the present arrangement was made, and to that extent, as explained, the shorthand writer is an official of the Court.
Mr. Sharp Then, my Laid, 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 fact that the shorthand writer is the proper person to cestify the correctness of his город
The Chief Justice: What, as against the Judge's notes?
Mr. Sharp: am not referring to judges' potet, or summing up; mean as regards the notes of evidence.
The Chief Justice: As a newsp.per man he could make any affidavits he pleased, but not when that newspaper man, being also an official of the Court, was asked to deal with official
thatier.
Mr. Slade then said that he objected to this na irial, as the parties were many weeks out of date. The section of the Ordinance dis. tinctly laid down that after the expiration of fourteen days from the date of the decree E judgment no application for a new trial could be considered.
The Chief Justice: I am conscious that a special application was made, within the Kime, in Chambers.
Mr. Slade: There was Chamber application made on the 12th May.
Mr. Justice Wise: When did the fourteen dayı expire.
Mr. Slade: Op the int May, my Lords.
The Chief Justice: Surely, base explained that at least ten times. He is only required to take down judgments; he is not asked to take nutes of evidence. I thought that was clearly understood.
Mr. Sharp continued his argument as to the evidence regarding the elimination of Wong Ka Chum name from the cash books of the Bank, and the Court adjourned for tiffin.
After the tiffin receis, upon rekoning, 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 notes in evidence, and after looking over the authori- 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 decline to admit them
Mr. Sharp: Then I would ask your Lord- ships to make a note of the fact that the notes, which your Landships now refuse to admit, are the notes of the one and same man whom your Lordship on your Lordship the Chief Justice, has appointed as an official reporter, or shart- hand writer, or whatever the position may be called that the notes are the notes of a man acceptable as a reporter, officially, to the Court. The Chief Justice: Well, now you have mentioned this point, M. Sharp, l'ain glad to have this opportunity to refer to the capability of the shorthand writer. I consider him a very capable an, and have every confidence in bim as a writer.
Mr. Sharp then dealt with the grounds for bringing this new trial of issue, and said, as Tegards the first ground, in summing up his Honour had expressed opinions as to the rights. and wrongs of the case to the jury: which, he submitted, no judge had a right to do in summing up in cases which had to be decided by Ajary, and submitted that his Fonor had intimated that the onus probandi rested where, as a matter of fact, it did not. Moreover, his Honour did not correctly put the law to the jury. A
man's
wn clear admission is evidence sufficient, un- less they could be shown to have been made by mistake. There was no reason to believe that these most salema statements, made under affidavit, were made by mistake.
After further argument Mr. Shaip said he could not further his case by shouting his ar- gument at the Court; he thought the case was sa palpably clear.
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 wher there wai absolutely no inducement to make such a statement beyond the fact that it was the truth. Even allowing that the man Wong did velite in 1898, what more probable than that he did return to butiness, and what more likely than that he should return to the old business with which he had so long been con sected, and learned counsel said, quoting the point from the summing up. that in saying Fif you believe in the break in the partnership, you want very much stronger evidence to prove that he canie 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 matural than that a man, after giving up business, for family reasons, for a time, on returning to business he would returns his own arm, and we know and we have it in evidence that Wong was in busi- DOKE in
at the time of the applica
for Mr. Sharp to go into details on that point they were not crited upon ju prove or disprove of explained to the deceased'that he was badly pm, ne the Company shall think most con
to
Mr. Sharp was proceeding to review the evi dence of the witnesses regarding the subse quent visits to the Bank mentioned, when the Chief Justice said that there was no necessity
or elaborate the facts as he, the Chief Justice, had already stated that four witnesses spoke those meetings in corroboration of each other. Mr. Sharp, continuing, said that Wong Lung, the son of Wong Ka Chuen, took $800 to the creditors. That was to carry out the promise of Wong Ka Chuen that the Bank would make the payment on that day, and Wong's son made the payment referred to.
His Honour the Paisae Judge: The most important point in that connection is Wong's promise to pay,
Mr. Sharp: Quite so, my Lord, and that pre- mnise was carried out by Wong on behalf of the Bank, as one of the partness, through his sod, the compradore of the Bank.
The Court adjourned for tiffin. After the tiffin recess, Mr. Sharp spoke about the alleged retirement of Wong, and said it was immaterial whether he retired or not-
that they were called upon to prove that Wong was a pattner in February, 1905, and all the weight of evidence proved it overwhelm- ingly. As a matter of fact he did not know of the allegation that the man retired, until the afternoon before the trial, and then it was too late to prepare to meet that allegation other wise he could have produced a good deal fur ther evidence to show that the man did not retire
The Chief Justice: But here, in your opening statement, you say, "in 1898 certain changes took place in the Bank partnerships."
Mr. Sharp: Yes, my Lord, but that does not say the man retired, or that he transferred his
share to other partners.
Continuing, counsel said that there were four witnesses whom they were unable to produce at the trial, because at that time they did not know that they were in a position to give any evidence, and, even so, two of them were out of the Colony. They only learned that after wards. In 1904, by way of repaying a debt to the Lai Hing Bank, a mortgage was traps. ferred over in Wong Ka Chuen.
The Paisee judge: Bu that does not prove he was a partner.
The Chief Justice said that one point that he must paint out that there was a hiatus; nothing having been said for the two years prior to 18g5. Mr. Sharp said that might be so, but they did not consider it necessary to deal with that period, Alt that it was necessary for them to prove was that Wang Ka Chuen was a partner in 1995, was held that be retired in 1898, but upposing he did retire then, what was there to prevent his rejoining and being a parter in root? The weight of evidence went
Mr. Sharp: Then in what other capacity to show that, irrespective of any alleged regre ment, Wong was a partner and was taking an would the transfer be made to him? It was of the Bank, the Bank active part in the conduct of the business of made to him as a part the transaction. This the Bank, in 1905. But thean points were not itself being the creditor in
transaction was discovered from an examina. fully laid before the jury in the summing up.
Mr. Sharp: Your Lordship will remember, tion of the .ai Hing's books. No credit could that in the course of your summing up jump, he given to Wong's evid-nce, for he stated hat ed up several times to interpolate remarks, and he retired in 1895 and had since lived in the your Lordship did not, and very properly did country. That was untrue, as it was proved at not like it. I do not think that counsel has a the trial that he carried on business and real right to interrupt a judge in his summing resided in Hongkong. Moreover, how cu es up; he has had his opportunity of making hit it, if he had had no connection with the complete address, and should leave the judge Bank for the past seven years, that he bat in that instance bad such, an intimate knowledge of the to sum-up in his own
way, there were so many points struck him as not current details of the business as he showed In this Court, when giving his evidence? being referred to in that summing up. One witness alone had stated that he knew Wong Referring to the summing up again, Mr. Sharp for over twenty years, and always knew said he did not think that any judge had any partner in the Bank, and spoke right to say to a jury that the evidence of any witness was not true. fle might say that it his becoming a partner on the retirement or death of his father; and that it was 00 appeared incredible to him, but that it was a matter for the gentlemen of the jury to con. sider; that was as far as a judge could go.
him as
Wong'e suggestion, made to him in the Bank premises, that he became a depositor in the Bank. The jury had been informed that enly one man had said that he had been asked by Wong to deposit money in the Bank. That was not so; it was not true; there were at least three men who said it, and there might be others, but on that point he was not sure at present, but of the three he was sure for their evidence was before him. That was putting the case wrongly to the jury, and not in accordance with the evidence which was n mou material misdirection.
Upon the matter of the inducement, con Honour bad said the fact that Wong held out tinued Mr. Sharp, in his summing up his
inducements to the men to deposit money with the Bank would give her a right of action against him, but would ant uphold the Official Receiver's claim that Wony was a partner, That, submitted counsel, was another misdirec tion to the jury, for that was the only construe tion the jury could possibly put on his Honour's summing up.
The Chief Justice: That puls the jury's in. telligence on a very low plant.
The Chief Justice: Do you mean to say, then, that is a judge finds a witness's evidence palpably absurd, he is not to tell the jury so?
Mr. Sharp: 1. very respectfully submit not,
Lord. my
At the Police Court this morning, the prisoner was placed before Mr. H. H. J. Gompertz, charged with the crime of murder. The case 'was adjourned until to-morrow afternoon,
——
PRISONER PLEADS GUILTY.
21st inst
This afternoon, at the Magistracy, before Mr. H. H. J. Gompertz, Tsang Hing, a Can- tonese coolie, was arraigned on a charge of murdering another coolie named Ng Yueng Choi, on board 11. Indravelli, on 18th instant. Inspector Arthur Langley conducted the case on behalf of the police, the prisoner being ucdefended.
Before the cassicould be started there was a question as to where an interpreter speaking the Mandarin dialect could be procured to examine the different witrenes. One Cowl official said that, the proper interpreter was in Court this morning and was instructed to attend this atternoon, but up to the commencement of the hearing he had not arrive 1 Inspirale camp to the Court's rescue, remarking Grat head an interpreter, but that he was on board ship when the murder occurred. He did not, however, see the murder committed, but what he knew was only what le was told. The gentleman, who was interpreter for the cepites on the trip, was called and worn in.
The charge was read to the prisoner, who pleaded guilty.
Mr. Gomperts, fearing that the charge was What do you nat understood, queried: plead guiky to ?"
Prisoner: stabbed him to death." W. P. Whiting said he was in charge of 604 coolies on board the Indravelli, which left Durban on 24th May. The defendant was one of his conlies.. On the morning of the 18th instant, about one o'clock, a report was made to witness by one of the policemen aboard ship. Witness went below, and the fter further argument learded counsel sub.
nter the corner of the hatch. Witness turned misted that they had made out their case, and fire thing he saw was a coolie doubled up, the man over and saw that there were two would ask their Lordships to grant a new trial.
The Chief Justice said there was point knife wounds on his chest When witness-ar which learned counsel had appeared to empha-rived on the scene three men had hold of pri size all through, and that was that it was not material to their case that Wong held out
the Bank. inducements to the depositors to deal with
Mr. Sharp said that it was not a material point-their case was not a holding out" care, but the fact that inducements were made were certainly important evidence of the partnership.
Hon. Mr. Pullock announced that he was ant p epared to go any further than his learn ed friend had gone, as he had dealt very fully with all material points, but he would like a little time to consider other points on which he would like to address the Court, and asked for an adjournment until Monday..
Morning-From Kennedy Town to Arsenal Street, 2 Cars.
From North Point to the junction of Wing Lok Street and Connaught Road, 4 Cars.
Evening. From Arsenal Street to Kennedy Town, a Cars..
From the junction of Wing Lok Strent and Connaught Road to North Point, 4 Caru."
The resolutions were carried.
NEW TERRITORY MINERALS, The Attorney General moved the first rend- ing of a Bill entitled an Ordinance to empower the Governor 10 grant licences to search for and prove minerals and to grant licences and leases of land for the purpose of working mines and minerals.
The Colonial Secretary seconded, and the Hill was read a first time,
NAVAL AND MILITARY WORKS. The Attorney General moved the second reading of the Bill entitled an Ordinance authorize the construction and maintenan certain naval and military works upon and over certain portions of the Crown foreshore and sea bed situate upon the harbour frontage of the City of Victoria, in this Colony, The Colonial Secretary seconded. Agreed.
REGISTRATION OF DENTISTS. Conncil went into Committee on the Bl entitled an Ordinance to regulate the qualifica tion and to provide for the registration of dentists,
The Council' passed the
LUNATIC ASYLUMS, .
The Bill entitled an Ordinance to provide for the establishment of asylums for the deten. tion, custody and care of persons of unsound mind and elhers, was read a third time and passed.
The Council then adjourned 'till ́ Thursday, the 28th inst., at 2.30 p.m.
FINANCE COMMITTEE.
A meeting of the Finance Committee wu held immediately after the Council meeting the Colonial Secretary presiding.
It was agreed that the following votes be recommended for adoption by the Council:
PLAQUE EXPENDITURE.
A sum of three thousand dollars in aid of the vole, Sapilary Department-Qther Chargez Plague, for the following items:
Compensation for damages by
disinfection..... 1,000 Plague corpses, cost of burial... 2,000
Total.................$3,000 BONUS TO MR. HANMER.
soner. The prisoner was sent on deck, and witness went round the ship. Not far away he found another coolie with his leg covered with blood. This man could not give a satisfactory account of himself and he also was placed under escort. Witness made a search for the
A sum of one hundred and seventy dollan A confession was knife, but could not And it. made by the prisoner later, and it was taken in aid of the vote, Judicial and Legal Depart down by witoess, through a Cantonese interests, B.-Magistracy-Other Charges, borus preter. witness only speaking the Northern to Mr. T. A. Hanmer. dialect.
During the proceedings the prisoner paid no attention to what was being said by the wit: esses, but with his face resting on his hand on the railing of the dock, stared blankly into. the compound of the Court.
i
KOWLOON Post Office.
A sum of five thousand seven hundred dolitn in aid of the vore, Public Works Extraordinary, Buildings-Post Office, Kowloon.
This was all the business,
Mr. Sharp: Oh, no, my lord, what other construction could any jury put upon it?
Pursuing his argument, Mr. Sharp pointed out that the suggestion that the Official Receiver failed to prove his case, and that he had pot produced the streams of witnesses he might have done was not comprehensible. Why should they produce "streams of witnesses"? They produced sufficient, and they did not assert thal Wong, induced "stream" of people to become depositons. They could have called sily concerned, I don't want to hear any further that which apparently were caused by some fire broke out amongst the dunnage and
m
The Chief Justice said that to shorten the proceedings on Monday, it would be as well if the Court were to consider just on what points they would like to hear counsel farther, and intimated that they would inform counsel as to what those points were on Saturday morn. ing.
The Puisae Jadee: As far as 'am person.
arguments on any point,
4.
The Court then adjourned till Monday, at 10.30 8 m.
SCHOOLMASTER · ASSAULTS A POLICEMAN.
FINED BY THE COURT.
+
more if necessary, but the mention of the fact that only eight out of the ninety depositors were called was a misdirection, as it was proceeding upon the assumption that Wong Ka Chuen had induced them all to become depositors. They did not call more witnesses because, in an exactly similar case in which he, learned counsel, was engaged, two years ago, he called oply five witnesses, and his Honour the then presiding
20th inst, ludge said he was labouring the point and un-
A Chloese school easter, of Kowloon City, necessarily flooding the Court with witnesses; now he called eight witnesses, and bis Lordship whose business it is to teach manners and the Chief Justice said they ought to have called good behaviour to the young generation, went more. Why should they call more? Why did to You-ma-ti yesterday to attend to some not Wong call more? To say that they the nature of his profession of to leave a couple of business, and while there so far forgot the te bave called more w submit, another mis braises on European policeman & memento jury so, was, as he would
The evidence of the Official of bis visit. Some time during the afternoon Receiver's
and to tell the
The Chief Justice: The section means that I tion in bankarned counsel then direction witnesses was sirengthened by the the constable saw the school teacher wander
fourteen days.
Mr. Blade: 1 don't think so, my Lords, but I think we should have a ruling on the point once for all.
in
a notice of motion shall be given that an produ.ed the evidence of the witnesses and application for a new trial will be made after pointed out that his Honour was wrong
isting that these men went to the Bank on their own account, soma of them went to the bank, and not seeing Woog or his son went away, and returned later, and finding Wong's so then deposited money in the bank, these actions going to show that these men made the deposits in the bank under the belief that Wong and his son were partners in that bank. The Court-adjourned till to-morrow at 10.30
The Chief Justice: The notice of motion should be given within fourteen days, and the
motion for a new trial can come on later.
only
is by
regards
way
FIRE ON THE “DORIĆ”
DOATSWAIN SEVERELY INJURED.
20th inst
L. W. Cock, medical officer on board ... dravelli, the next witness, who appeared to be in poor health, was accommodated with a chair in the witness-box. He said that he was called to attend a man on the morning of the 18th inst, but when he got below the nian was already dead. There were two wounds on his
At about 3.30 o'clock yesterday afternoon sharp instrument. Witness and another medical matting in the No. 2 hold of the. 3.1. Doric, officer were quite satisfied that the wounds while she was lying at anchor in the harbour, sustained by deceased, in the region of the Many attempts were made by the craw of heart were sufficient to cause death, and there, the ship to extinguish the blaze before it be fore
Witness, continuing, came serious, and the signal was hoisted for held no autopsy. said that the upper wound was about an inch immediate assistance. The fire-float was some in length, and three or four inches deep, near time in arriving and for the safety of the vessd, the junction of the breist-bout. The second additional signals were hoisted. Men from wound was lower down, sad mestured about an H,M.S. Tamar were the first to arrive and inch and a half in length. There were no immediately set to work to keep the fire under ather marks of violence on deceased, but hit conirel, The fire-flost arrived some time later whole body was smeared, with blood. The up with a couple of firemen in charge of Inspector per wound, in witnesy's opinion, caused death. | 1 angley, and hoses were soon brought to
Play. The direct cause of death was interns on the flames. The work of the fire-fighters hemorrhage.
Procesding,
4
ANOTHER MARINE MINE CATASTROPHE,
was greatly bampered owing to the excessive smoke and heat, and it was not until threa hours later, whon eight feet of water was pump ed into the hold, that the fire was subdeed. There was no damage done to the vessel. The outbreak, we are informed, occurred when the boatswain of the vessel was disinfecting the hold of the ship. It is said that the sulphur used for disinfecting matting and dunnage surged the
The boatswain was preaily alarmed and started to extinggith
burnt and later on
That the danger of mines (marine not terres trial) is not yet over, says the Hankow Daily News of 8th inst, in evinced by the fact that Russian steamer, the Kenys Goskakop, some the fire himself. In the attempt, he was five or six days ago struck one of these floating terrors in the neighbourhood of Viadivostock hospital. The cause of thad to be removed to and after a short while sank. The officers and of the fre-fort was duc, it is stated, to the crew were saved and Captain Obosling of the wrong sinnst having been hoisted by the Darli steamer Hermann Lerche, now in this port When the alarm was given they ran up the will pick them up in Shanghai on his way home signal "N.11.," which is right according to tha International Code, but wrong according to the in Odessa,
Captain Choling gives it as bla opinion that local code book. Consequently when the sisal this is not the last that will be heard of mine was sighted at the Palice Station it was not
fact that they knew nothing about Wong's ing about the street with a bungle under bis affidavits, for if they had known it might have arm, Ha did not like the looks of the map, so been held that they were testifying up to those approaching him asked permission to inspect the bundle. The teacher stood on his rights afidavits. Their knowing nothing of them made their evidence of much more value. and refused to be put to any indignities by the Those affidavits were the most important "foreigner." Thereupon the constable on feature in the case, and their existence discre getting the refusal asked the teacher to accom- died his evidence as given against them, and pany him to the Station. The teacher at first the omission to refer to that in summing up constituted a misdirection to the jury. It placed on bis quens be, went signg. The was a matter of such importance that the docile manner in which the teaches behaved for attention of the jury should have been panicu part of the journey was too good to be true, for
called to the solema statements made in suddenly be swung round, and with the um larly This morning. In Bankruptcy Jurisdiction, those affidavits, and their denial by the man in brella he was carrying made a prod at the before the Full Bench, consisting of their Hon. ours Sir Francis Piggott, Chief Justice, and this Court. As to the next point, that of the policeman's face. The officer lycklly dodged by any meanɛ: Ân ever-increasing danger it understood and the delay was caused by hunt.
Mr. Sharp; Section dog says that the notice of motion shall be made within fourteen days.
Mr. Slade: Still they are out of time, al they.m. thiness days' notice, However, that I will not press that As the amidavit 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 Xath June that they filed the affidavit,
The Chief Justice: What was filed on the Kath May?
Mr. Shade: & notice of motion for a new tris, my Lord. The decree was given on the 28th April,
Mr. Justice Wise: Well, that's alright, The Chief Justice: I think that is fis time.
21st inst.
Mr. A. G. Wise, Puisne Judge, the appeal in the whole of it was overwhelmingly against the cats of Wong Ka Chuen was continued, .
"His Lordship the Chief Justice said be had looked into the matter and found that the two copies of the summing up had been put upon the file after the printed copy had been sent to the solicitors, so that Mr. Sharp had been wrongly instructed.
Wong.
would not think of 14, but when a hard
WAS
brells down several times on the policeman's the mines, have had time to rust through and the meaning of the flaga. shoulders leaving a low marks. The obaire- the mines, in this manner released, ara rapidly perous teacher was Foon-verpowered and increasing in number. The Hermann Lerchi, dragged into the Station where he was entered on the charge-sheet for assaulting a constable. Ho was placed before Mr. H, H., Gomperts, at the Police Cogn this morning, and a fine of
The Chief Justice: But all the witnesses did not say the same thing.
Mr. Sharp If there were any discrepancies I do not remember them, and I do not thick there were; but it is down in the evidence, and that wili show, and I leave li to your Lordship. ↑ Sta was imposed,
hrisoll, when some 160 miles from Vladivostock, THE Chinese Engineering and Mining Co passed one of these murderous objects at quite total output of the Company's three mines for short distance. Since the loss of the Kaft the week ending the and just amounted to Garhakof, insurance on Vladivostock cargo 20,311,78 tons and the sales during the same bas advanced sir
perlad to 20,481.91 lens.