THE HONGKONG TELEGRAPH SATURDAY, JUNE 30, 19:6
THE TUNG-AN OUTRAGE, very long ago were blamed as being at the
THE WOUNDED IN AMOY.
FULL PARTICULARS OF THE ASSAULT.
PLANNED BY SECRET SOCIETY,
(krom a Correspondent.}.
halom of the Chang Poo outbreak, nOAT Chenaz Chew, Another event in connection with the San Ba lui was their successful effort in breaking out of the Tungan prison some, two months ago. appears that the Tune-an Authorities Eaptured a few members of this society and unprisoned them. The society then bribed the prison warders to allow femalo relatives of the prisoners to visit them and these wonice smuggled into the prison weapons of all sorts and also shaved the heads of the convicts, making them appear as ordinary Chinese instead of convicts who, according to Chinese law, must be unshaven. The prisoners, at a given signal, attacked the warders and escaped and though some have ince been re-captured, the majority are still at large. These are the people that the local Chinese blame for the present affair.
1
Are mere
ARRIVAL AT AMOY.
Amey, zzud fune, iguo, Dr. Home and Mr. Frabes Edie, both of the China Mutual Assumnce Co., who wėje ko badly handled in the recent outrage af long-an, were brought down to Amey in the stenm launch Sus if yesterday at 3 am. From an interview with Mr. Eadle. I am able to give you the following particulars of this incident. Dr. Hornsand Mr. Eadie left Amoy for Tung-ap Jast Monday, and on arrival there put up at
Dr. Home and Mr. Eadie ware brought down the American Presbyterian Mission with the
11 Amoy yesterday and are now receiving ali Rev. F. Eccer on About 5 pm, whilst out
the attention possible, skillful medical attend for a walk on the hillside 3 miles away from the city.
Mr. Eudio was ac osted by a China.ace and nursing. Mr. Eadie's injuries, though man who inquited the time of the day. Mr. painful, are getting on well, and he will be Eadie took his watch out of his pockel to com- all right in a short white. Dr. Horne's injuries serious, but his splendid constitution ply with the man's request, when to his great had grit will pull hins through all right and astonishment the Chinaman made a kral at his watch and chain and ran away with them, though he may not he convalescent for some. Mr. Eadle started to pursue the thief, and had me to come, it is hoped that he will recover not run more than a few yards when Dr. Horne on, and look back on his, stirring fight called his attention to a crowd of Chinese nd-ainst such great ends with pardonable pride, vancing towards them, who had until now not is meerilees to say that local residents are been visible. Secing that the crowd, which num. July indiquast over this affair, and the Tung- bered about 15. vangal on them in a threaten ing manner, Dr. Borneand Mr. Eadieictreated a few paces in the direction of a boulder, which would prevent the rob getting them from be- hind. They had barelytaken up this point of vant nge when much to their consternation gun shots were fired at them, but luckily tone took effect. The Chinese then advanced in the two for eigners with swners and tenives, some of the assailants having a knife in each hand. Both Dr. Horne and M. Eadie were 1 tally unarmed and so had only their bare fists and legs to depend upon saving themselves from the fury When the crowd get to close of the mob. quarters, both Dr. Horne and Mr. Fadie laid into the Chinese. Dr. Hoe ning his hands with telling effect and catching the Chinese in some vulcerable part. Mr. Eadie is the mean time using his legs and, literally kicking the stuffing out of the crowd The fight was fast and furious and a noticeable thing about the affray was that each Chinantan at soon as he was worted threw his sword or kode well out of reach of the fray, so that aeither European could get at their weapons.
A GALLANT FIGHT.
wounds
people, who are notorious as being the most tubulent crowd in this district, will be made to suffer for this outrage and be prevented from a similar recurrence of such an affair in the Mr. Eadic speaks in glowing terms of fature. the kindness Dr. Horne and he reseived from Rev. Eccerson, Dr. Moorhead and other itends in Amoy.
CEMENT PLAN SOLD.
• PROSPECTIVE COMPETITION AGAINST HONGKONG INDUSTRY,
28th inst.
At eleven o'clock in the forenoon, losday, Mest, Hughes and longa, au tioneers, put up for ale by public aucta, by order of the
Tilt L&GISLATIVE LOUNGIE.
28th inst.
ewitled an Ordinance, 10 authorize the con- struction and maintenance of certain Naval and Military Works upon and over certain vortions of the Crawie foreshore and sen bed situate upon the Harbour trantage of the City of Victoria, in this Colony, was read a third time and passed
The Colonial Secretary said that as the Council, would not meet again until the 6th September, and the money voted in Financial Minutes Nos. 42 and 43 would be required im- mediately he moved that the minutes as pass ed by the committee be passed
A meeting of the Legislative Council was held this alteracion. Present:-H Excellency the Governor, Major Sir Mathew Nathan, KC.M.G., R. E., His Excellency Major-General Villers Hatton, C.(Commanding the Troops), Hon. Mr. T. Sercombe-Smith (Colonial Secre tary). Hon. Su H. Spencer Berkeley (At torney General), Hon. Mr. A. M. Thomson (Colonial Treasurer), Hon. Mr. A. W. Brewin (Registrar-General), Hon, Capt. L. A. W. Barnest awrence, RN. (Harbour Master), Hon. Mr. W. hatham Director of Public Works), Bon. Mr. E. A Hewoit, Hon. Mr. Edward His Excellency: The Council, stands ad- Osborne, Hon. Urth Kai, MD, CM., C.M.Gjourned until the 6th September, when I hope Hon. Mr. Wei Yuk, Hon. Mr. W. J. Gressan, to have the Estimates and other important and
matter to lay before the Council.
A. G. Mt. Fletcher (Clerk of Councils).
ABSENT.
Hon. Mr. H. E. Pollock, K.C.
MINUTES.
The Hon. the Colonial Treasurer secunded. Carried unanimously.
FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the Council, the Colon- The minutes of the last meeting were read 'Secretary presiding, and confirmed.
FINANCIAL.
It was unanimously agreed that, the follow- ing voles be recommended for adoption by the
The report of the Finance Committee (No. 6) Council was adopted by the Council,
·
REFUSI DESTRUCTOR.
The report of the Public Works Committer No. ) relating to the erecting of a refuse des trugios tus the city of Victoria, was laid on the able. The recommendations of the committer
e printed elsewhere in this issue.
His Excellency said that he had already ex- plained why he could not at once deal with this matter, but it was one which he had long had in his mind, and the Council might rest assured that it would not be lost sight of
FINANCIAL, MINUTES. '. Fmaucal sinutes Nos 42 and 43 were re- fened to the Finance Cominittee.
His Excellency explained that be first of the mail votes was on account of the unfortunate increase in 'executions this year. In the second it was by reason of the unreliable nature of the werbis in the New Territory that the vote was rendered necessary.
PRISON CHARGEB.
A sum of one hundred dollars in aid of the vote, Police and Prison Departments, Prison- 'other charges, executiuners fee, and forinflict- ing corporal punishment.
MAGISTRACY.
A sum of four hundred and eighteen dollars- and thirty cents in aid of the vote, Judicial and Legal Departments, Magistracy-other charges, New Territories, weights, The Committee then adjourned.
TENANTS AT LOGGER HEADS.
SUMMONS AND CROSS-SUNMONS.
281k inst.
Lam Tai, a motorman, in the employ of the Tramway Company, and residing at 130, Wanchai Road, (first floor), summoned W. K. Durrance, of the Army Ordnance Department, before Mr. F. A. Hazeland, at the Police Cont this afternoon, for wilfully damaging bis pro-
THE LAUBING BANK CASE,
WAS WONG A PARTNER?
25th just. This morning, in Bankruptcy Jurisdiction, efore the Full Bench, consisting of their Honours Sir Francis Piggott, Chief Justice, 14 the case of Wong Ka Chuen was continued. and Mr. A GWisr, Puisne judge the appeal
"lon. M . E: Pollock, K.G., and Mr. E. H. | sharp, KC, instructed by Mr, G. K. Hall Erut of Messrs. Brution and Helt, appeared for the appetiant, and Dir. M. W. Slade, instructed by MR. A. Harding, appeared for the res pondent,
100,
Mr. Slade, continuing his argument, said that the points on which there could have been mis- direction to the jury, could be as to the affect of the reference to the affidavits.
It is only important to ascertain what is the duty of a judge in charging a jury, and what is a misdirection. With regard to the question of law, the judge is bound to state the law and it is the duty to accept the law as stated by the judge. The jury are not to consider the law for themselves. In this case, asi
asked learned counsel, has the judgo misdirected the jury?
His Honour the Chief Justice: You mean at present as regards the at davis?
Mr. Slade: Only as regards the affidavits, my Loid. The law is very broad on this point and states that if a man has admuted that he is a partner thes the law holds that he is a part ner. Continuing, counsel said he found that it was laid dows by a very learned judge that the express admission by a party to a bit
186
nl credit, and for no other reason than that it was the evidence of an expert. That with ha, fter careful examination of the wrking, Rias his opinion that the name in the book had originally beat "Wong:ra Chumn,” but had been subsequently. Altered to "Wong Loong." After further ni gume learned counsel submitted that they would have been perfectly justified in asking for judgment on those affida- Honour said he would have to be satisfied that vits alone. But in the summing up, he said, his there was safficient evidence to support the statement. When a man makes solemn admis signs, it is for him and him alone to substanti ate them or otherwise. Leamed counsel then proceeded to quote authorities in support of the granting of re-trials,
Considerable discussion then ensued, and then learned counsel pointed out that there was another omission as regards the visits of the witnesses to the Bank,
The Chief Justice: Well, yes, there are just two omissions, but they are so infinitesimal Mr. Pollock: Infinitesimal? I submil set, that they are not of any moment.
Lord.
my
The Chiel Justica's "Oh, yes!
Mr. Pollack: Then, if your Lordship holdsthat the omission is so infinitesimal then I must address your Lordship on the potat.
Considerable argument again ensued on this point. When the Chief Justice said that he mitted to mention the farts of the four men's evidence whom ha discredited. It was simply an unintentional oversight, but be summed up to the jury as the case was put to him.
Mr. Pollock: "Put," my Lord? Chief Justics: Yes, as the case was put to
Mr. Pollock: But surely, my Lord, a witness, or several witnesses, cannot "put" a case,
The Chief Justice said he meant the whole rase as submitted to him. The case continues.
were strong evidence against him,e. hut be thought he should be allowed to prive that he made the admission by mistake, Here, and that the statements were untrue. Air Slade quoted at great length authorities in support of his contention and that if the ad uissons were untrue and the man making tem could prove it so, then they were not binding apps him
"The
Chel
Justice: Were these authorities quoted in the Court below?
Mr. Blade: No, my Lord, I have only just found them.
After lurther discussion Mr. Slade passed on to the question of mis.rection, and stated
UNCOMPLETED LAND SALE,
LONG-DRAWN LITIGATION;
27th inst.
ip Original Jurisdiction this morning, before Sir Francis Piggott, Chief Justice,
MINERALS IN THE NEW TERRITORIES. The torney-General moved the second reading of the Bill entitled an Ordinance to
mper the Governor to grant licences 10perty on the 18th inst. Mr. and Mrs. Durrance, that the law of misdirection was a very old one, the case in which Chan Tack sued Chiu earch for and prove minerals and to gran who resides in the same building, but on the dating back over 500' years, and it providen Yeung Leong, for recovery of, the sum of
ficers, and leases of land for the purpose of
He said wong mines and minerale. thy he had already explained the abject of this Bill and said it was to facilitate the finding of mittals in the New Territory if there were
prietor, MILH.C.16. Tetjukow, of Sai- spajewn, the complete plant of a cement fac- tory. The plant was originally intended to be used by the Kwan-runk Cement Factory, but was landed here in Janu ty, 1994, from Han-any, and to get them. burg, by ss. Viemelte, and stored into the godowas the ongkong and Kowinon Wharf and Godown Co. un accrud of the Russo-
PORTess. Japan war, which was then my
During the fight both Dr, Harne and Mr. Eadie were badly ent up by the
The plm of ins cement facuity, which has crowd, Dr. Horne receiving Reven and Mr. Eadie live. Drone has two been fed not with the intent rechnical inven- tions for manufacturing cement, by the dry savere wounds, one in the abdomen and an- other on his head whilst Mt. Eadie's wounds, system, consists among others of locomobiles though not severe, are very painful. The Euro-Wolff, Magdeburg); milling machines (Smidt, peans' clothes and Imats are an awful sight and Copenhagen); conling tallations (Atlas look as if they had been steeped for hours in a Fabr, Copenhagen) electrical installations pool of blood, their original coltar eing ablly, Etc. Comm); rucks, &c. (renstein & At one stage of Koppel). All in all the whole plant is very solutely indistinguishable. the fight, Mr. Eadie was empletely down, but neatly the same as the Factory, Kljakudorp, Dr. Home gallantly stand over him and gaver. Bear Malmo, in Sweden. ed him with his handy, doing all the fightings Mr. Eadie whilst us the ground managed to pick up a decent sized stone and toing sudden. ly flung it with deadly effect at one of their as. sailants, catching him on the face and head and fracturing his skull like an egg Riell. The Chinaman swiftly rolled down the side of the hill and was inmediately carried away by some of his companions.
AN INCIDENT OF THE FIGÏT. Another incident of the fight was when a Chinaman got close up to Mr. Ed and cut him badly on his left arm; but the Chinaman won't forget this incident in a hurry, as Mr. Eadie managed to get his teeth into the China man's fore arm and hit it half through spitting out a big chunk of flesh. In the meantime Dr. Harae, though in badly damaged, kept on hitting right and left, picking out his man with the utmost couiness and pan by hun out of action. How long the fight would have lasted it is Bard KAN. and just as the two foreigners were about completely done up another crowd of Chinese appeared and the attackers immediately dispersed in a. Kreal hurry..
THE CHINESE MCH
i
There was a fair gathering of local merchants present when the auctioneer got up on a Chickeng, which was weer! - sand, to invite biddings from ea 300 chasers
#gties then annesiced that 2
f the pu chase money was he pakon the fail of the hammer and the bace in IX days from the date of the safe. No bidding was 19 he is than $1,00. He also said that twenty- nine uther packages of machinery, which formed pan at the sale lot were in Europe, and these would be shipped to Hongkong for the purchaser free of charge, while a further sightren packages were on their way to this part from Tanao and would be handed over to the buyer
sum
Mr. Wong Li Fun steted the bidding $200 o and this was quickly followed by an offer frots : Conter of Tientsin of £36,000. Between these twn gaudemen bid ng was kept up briskly and when the rond of Siooos was reached there waar The sen holders looked at each other awhile and then restarted competition. Witen $125,000 was affeind: Wong : in Fen drapped out and Mr. Kalorie, of the arm of Messrs. E. S. Kadgone and Ch, who appeared a passive speciator in the colier plages of the bidding. Belwren him edgest up and took up his cog, and the doctar bulding went fast, figures being jumped by a couple of thousands at a time. Al $28.00 there wasa second pause, but that was got for long M. Kadoorie gave a four thou sand dialed at this sige and lots of time" we given. Gunter in use the figure. This he did not do and Mr. Kadoorie secured the plant for 242,00
The auction took less than twenty miaux
The damage done to the Clusese mob was considerable, and i men out of the 15 were Inid out unconsciously though whether their injuries are fatal or not, it is not possible to ascertain, The fight was now over and Dr. Horne and Mr. Eadie, far from home and con
How they hanged in pletely exhausted. crawl back to the Missing house in their dis- abled condition is a mystery, and Mr. Padir being the least damaged and exhausted of the two succeeded in-carrying florce pick-a-tor by 11.70 aclnck, she bidders were on their back a good deal of the way, by slow and pain. way across the hazitour back to the cup. ful ages. Rev Ecceroon, noticing his guests had not returned and it being so late, got alarmed, and went out to seek them, and located them some little distance from the city Previous to meeting Rev. Eccerson they had tried without avail to get some assistance from various Chinese, but none was forthcoming, the Chinese being simply scared out of their wits at seeing two foreigners in such a condition.
THE KYLIEF PARTY.
Dr.
Word
Eventually about 830 pm. (bey reached the American Presbyterian Mix and Rev. Becerion was imply indefalizable in his efforts to allay the suffering of his guests. A Chinese doctor" was sent for and on sp rival stitched up . Eadie's wounds. Horas attending to himself and most pluck. ily sowed up his own wounds. was then sent to Amoy reporting rage and asking for medical assistance. fr Moorhead of Amoy in mediately responded in the call and left here at 8 am. on the 19th with ice, medical and surgical appliances. On his arrival at Tung-an, he at once gave his whofe attention to the two wounded and thanks to his skillful and patient trestment, the two wounded are now progressing favourably.
they
The
THE RELIEF PARTY.
the out.
within
The intention of the purchaser could not, of course, be macenained. But we were given. to understand that the plant would be erected not many wiles from Huigkong. And if that be a fact competition in one of the leading established indescries of the Colony is measurable distance of commencement, al- though how the new venture can rival the wadd-white reputed Green island product must be left in the promoters-and to time ovalist.cionly answer.
REFUSE DESTRUCTOR FOR
"BONGKONG.
ERECTION RECOMMENDED
281 inst.
At the meeting of the Legislative Council this heroon, the following report of proceed ing ofthe Public Works Committes af a meet- ng held on the zat ins, was laid on the table anddopted by the Council :-
The committee had before it scheme for reclaiming an area of land immediately west of Cadogan Street and of Chater Street (extended), and erecting on this a destructor capable of dealing with cotone of refuse per day, together
with
quarters for a parintendent and 300 coolies, the estimated cor being as follows Reclamation of site, including 50-foot
road in extension of Chater Street... $160,70) Destracior buildings, including piled foundations, chimney, approach road (incline) and iron boundary fence... 98, to Machinery, including 12 cells and furnaces with fau and engine, two boilers, slab-making machine, irani Ines and trucke, &c....... Queries for superintendent
The Bill was being read when Hain, Dr. Ho Kai said that he proposed as an amendment to clause three that the word "Legislative" be dded before the word Council in the phrase the Governor-in-Council," so that it might be dealt with in the Legislative and not Executive Council, as it wash matter in which the public should have a vakre,
Hab. the Rorney-Generaf: Governor-in-¦ Council means Governorin Legislative Council. Hon. Mr. Thanson said he thought that would make it appear as the Council were passing a Bill to give the Governor-in-Council power to do certain things which he could do without the passing of such i
1 Excellency said it was purely Executive: The leases were necessary to be most carefully dealt with so as to secure the minerals found in Crown land, in the Crown.
Hon. Ho Kai's mation was then puto the meeting and
and was lost an vole,
The Hill passed its second reading. The Hon, the Autorpey-Genctal then proposed hat as this Bill was an implant one, in view of the powers it gave the Governor-in-Coneril, hat the Standig Unders be suspended and that the Rill be read third time
How the Colonial Secretary seconded. The Bill as then read a third time and pasted into law..
REGISTRATION OF DENTISTS.
The Attorney Genral and on the table the following tremal proceedings of the Standing Law Committet at is meeting held in the At torney-General's Chambers on the 2nd last
"Henry Spencer Berkeley, Attorney. General, chainman of the Standing Lawnm mit, do hereby certif. that the commitee the zzed day of June, 1906, having consider ed the Bill gatitles An Ordinance to regulate the qualifications and to provide for the Regis gation of Dentists, at three consecutive meet- And it impracticable under existing cir int". cumstances, to frame a measure which would wat equally tres the various races of the nsity and unanimously recommend that the Bill be wohdrawn."
third floor, cross-summoned the morman for using abusive and insulting language to- wards them on the 18t instant, whereby a breach of the peace might have been occasion- ed,
The defendant pleaded not guilty. Lam Tai, complainant, aid his number was 103. Un the 18th inst, at midnight, witness had just returned from duty and was having "chow" when he heard a great noite on the floor above.
Witness went into the verandah and told the people above that he was having his meal and if they
connued staniping overhead his chow e returned into would be covered with dust. the mam and from a hole in the ceilings waler
percalated from the second floor, dimaging
the clothing of another motorman,
His Worship hat damare could there be whes the water was clean -he coat was dirtied,
Have you the enxt here?-No, I did not bring it up
How could you tell it was the defendant who threw the water down?--I don't know; he lived
above..
that the person who considered himself aggriev ed at the summing up by the judge to the jury, then the aggrieved party had the right of protest at the time.
Has Honour the Chief Justice sai on looking through his ramming up he found he made no relerence to the meetings at the Bank prior to the meeting of the creditors.
no material lacis had been omitted here.
to them
$2,000, being the unpaid balance of purchase money for certain land purchased by defendant from the plaintiff, was continued.
Hon. Mr. H. E. Pollock, K.C., instructed by Mr. John Hastings, appeared for the plaintiff, and Mr. M. W. Slade, ouructed by Mr. F. X, d'Almada e Castro, represented the defend.
Mr. Slade, continuing, quoted further aut This was an old wait, the plaint having been thorities, and then passed on to the general fled in June, 1905. the statement of defence results arrived at, and it was that a jury was not misdirected unices material facts in the being filed in December, and amended in was held by Chan Tack for one Chan Kwing evidence bad been omitted, and submitted that January, 1906. It was stated that the property Assegards the verdict being against the weight Yan, and for the Nam Sang Yee firin. No of evidence learned counsel quoted again at noney had been paid but promissory noite given. Plaintiff acknowledged five poles great length, from various authorities, to show amounting to $10,000, but defendant alleged that the endence was all heard by the jury and the matter of the verdict had to be left the handing over of two further notes. Those Mudirection on a point of law by a notes were signed by the Nam Sing Yes judge to a jury was ground for a new trial, firmand were endorsed over to Chan Kwing Yau. tinue I counsel, but erroneous advice of the was the question as to whether there were five or seven promissory notes that was the jut to the jury was not ground for a new
matter now i dispute. The defence said that trial, and as regards the points it was left to the other Sacoo, was, by arrangement, paid the discretion of the judge what points were
Agent, barned necessary to be placed before the jury, and if "ver to a middleman, a sort of
Chau Yu Ting, the money:n be used in making any matenal points were omitted in his sum ming up, either narty could point out those certain settlements and payments of bunaces omissions to the judge 83. summing The outstanding. It was a curious fact in this con
up.
nection, as stated by the defence, that Chau only duty of the judge in summing up was to rack, who held this property, was an infant guide the jury on the points of law, further himself and was the son of Chau Kwing Yan, than that he need not go. All the facts of the The defendant also allee that at the time of case were known to the learned counsel for the plaintiff and he heard all that was said to signing the documents a man named Ko Ab
Prender
Evidence in support of the above facis was heard and en
the jury, and if he did not then point out to Wat impersonated Chau Tack, who was not the judge the mistake or the omission he was then making, he could not come at this late hour and ask for a re-hearing on the ground of misdirection. for a moment.
It was absurd to consider it
The Chief Justice said that he put it to the jury that the evidence of several of the wit nesses was discreditable, and only one was, it not creditable, at least not discreditable, and therefore it was unnecessary to refer again to
Continuing, witness said that after he had returned from the Police Station, where he lodged a complaint, and was about to enter his house a basin of soap water was thrown on him
The cross-summons was then taken. W. H. Dumanize, sworn, deposed that on the night in question he was suddenly awakened by his wife, who said that somebody was insulting her. Witness went to the verandah and heard det fidant using very filthy language. He picked up a jug of water and threw it at the men. Mary Jane Durance testified to the fact that the night in question the defendant, with other motor-men, were making a great noise regarding, the conductor who was recently sentenced to six months' gaol. This noise kept witness awake and she got her husband's slipper and rapped the floor, at the satno me telling the men to be quiet. The defend ant and others then used obscene language.
Here his Worship called in a few motormen, Mr Slace, continuing, said that it appeared who were watching the case, and as Mrs. to him that in summing up, he had several re Durrance identified two others as being pre marks of learned counsel to attend 19. He, sees at the time, they were also charged.
Defendants asked for permission to call their the speaker, was not present, but in reading over the summing up, he found that his Hon manager to attend, but was refused by the
our brake off at times, and left his statements Court His Worship held that Durrance had incomplete, as if he had been led to another no sight to throw water on the men, He knew issue by those remarks of learned counsel..
the Chief Justice said he was dealing with the circumstances were very annoying, but he was not justified in inking the law into his own the three points of the indacements, and after hands, He would, however, discharge him analysing the evidence on that question and with a caution. The Court held that the lap finding nothing in it, he thought it unneces guage used by the motormen was disgraceful. They would pay a fine of $5 each, and be boundry to say much upon the accond and third
points.
Mr. Stede continued his argument, and afler over in the sum of $100 apiece to be of good behaviour for one year, and should there be any quoting further authorities, the Court adi
journed. more trouble they would be pa: in the stacks.
QUARREL IN A CHINESH THEATRE.
The Hon. the Attorney General said that at the serond igading of the Hill, it passed with at opposition and was assumed that wryd, pass at framed, and therefore the tom speaker moved that it be referred to the Commitee to rave time, as it was their angcipal office to see that it was in legal firm. The Vill came hack with slight alteration. The provisions of the Bill have already been et forth. On the next reading, criticisms were would have resulted in the Bill not being use which had they been made to the Coun- int to the Law Committee but withdrawn.
The reasons of the objections to the Bili were (s) that if the Bill passed into law, it would have the effect of rendering destistry dearer by restricting the number of practitioners, and (2) the effect of the registration of den. Istwald be that in a very short time the Bumber of practitioners would be so reduced that the Chinese of the poorer classes would be practically without dental assistance, as they uld not pay the prices of the few practitioners remaining. I was thought as an amendment that Chinese dental practitioners be exempted, button, Di Ho Kai bad pointed out that there was no Chinese dentistry.
The on, the Attorney General moved thated "not guilty." the Bill be withdrawn, and the report of the Law Committee be adopted.
Ilon. Dr. Bo Kai seconded, repeating that the objection to the Bill was the practical re- meval out of the reach of poater Europeans and Chinese, of dental assistance, and he thought there was no necessity for such a measure.
their evidence.
After the tiffin adjournment, Mr. Pollock said he wished to say a few words upon the poist put him by his Honour the Chief Justice on the maxim of res ipit locutor, and proceeded to quate authorities to show that the onus of proving accident lay with the person causing e. A discussion arose between the judge and learned counsel, the latter holding that it was not for the plaintiff to prove or disprove the fact of accident.
Mr. Slade, addressing the Court, mid the defendant denied that the plaintiff was, as be stated, a trader, of No, pt, Wing Lok Street and said that he was the fourteen-year-old son of Chan Kwing Yan, who is a trader at that the assignment of the said properly from the address. The plaintiff never, in fact, executed aid Chan Kwing Yan to himself, but was on that occasion personated by one Ka Ab Wai. The said property had been assigned on the and Nov, 19-4 by one Chiu Kan, the then who was then about to abscond, and who did mannging partner of the Nam Sang Yuen Arm, actually afterwards abscond from Hoogkong, to the said Chau-Kwing Yan,-in-trust for the said Nam Sang Yuen firm. The man, Chlu the 6th November, 19:4, informed his partners Kau, by an undated letter received on or about in the said firm of the assignment, and the said firmu, demanded from the said Chan Kwing Yan a transfer of the said property to them. Chan Kwing Yan at first claimed that the said property was bis on, but finally a compromise was arrived at between the Nam Sang Yuca firm and the la'ntiff whereby Chan Kwing Yon agreed to transfer the said property to the defendant in consideration of the payment of seven promissory or deposit notes, on which Chan Kwing Yan and the Nam Sang YueD firm were jointly liable for $13,000.31.
The promissory poles, or deposit notes, were for various wame signed on several dates be tween May and November, 1904. The assign- nent was, in fact, not executed by the plaintiff, but by the an Ko Ah Wai who was personat- ing the plaintiff, and the true consideration was of the said seven the payment by the defendant promissory noter deposit notes of which five of total value of $10,191.83 were paid and surrendered. As regards two of the five promissory, or depaal notes, amornting to $1.98.38 it was a condition that they should be paid by the defentant and surrendered, and the defendant tendered them to the plaintiff in the early part of 1905, but the plaintiff refused to accept them, and It demanded the purchase money in cash. The defendant admitted that plaintiff had demand- ed payment of $3,000 in cash, but not that demand was made in April or May, 1905, but he denied that he at any time promised to pay $2,000 or any sum to the plaintiff, or to the said Chan Kwing Yan, or that he attempted to impose any conditions on the said Chan Kwing Yan in connection with the completion of the sad conveyance, Evidence, was ad duccu, and the care continues.
A TICKET Collector assÄULTED,
26th inst. Since the night of the 26th instant, there bas baen had blood existing between the ticket collector of the Tai Png theatre and a cook In this case he would contend that the Last night as a learned judge was not entitled to say to the from the Hongkong Club. result of strained elations the cook and jury that any witness individually was not a coolie were arrested and taken to the lock worthy of credit. That was a direction to them up. The ticket collector appeared against to refect that part of the evidence. it was them at the Magistracy this morning, charging much the same as if the judge, upon the wit them with assault, to which charge they plead
ness entering the box, refusing to hear his evidence as being unlrustworthy. And there On the sight of the 26th instant, as alleged, fore if the learned judge told the jury that any the ticket collector noticed the rank in the witness, was unworthy of credit, it was: a misdirection, and therefore on that ground auditorium of the theatre and as he was sure that he did not see the man dass him at the gate alone they were entitled to a chearing. I
was not for the learned judge to tell the jury Where's your ticket?" queried the ticket that a witness was unworthy of credit; it was that sight. he approached the cock,
for the judge to tell the jury what the mas said, and he could also say that he personally did not believe him, but it was for him also to tell the jury, that that was only his opinion, and it was for them to consider whether the witness was worthy of credit or not, Other wise it was a direction to them to reject all that witness's evid.nce, and he would submit that that was misdirection. It is a duect statement for the jury to act upon, without the option for them to esercise any judgment in the mauer; and he would submit that that was going beyond a judge's province,
*Haven't any," replied the cook, "Why?" demande the other. "Because I haven't." responded the cook, #und If I have got a ticket, well I haven't. What's it to do with you,"
"What?" interpolated the man of the show. "Leave the place at once."
flon, Mr. E. A. Hewett mid, in supporting the motion, at the second reading of the Bill, the Hon, and learned member who had intro: dured the Bil had said it was a very liberal Bill, but he failed to find it so, as if the Bill law it would debat a large number of pecationers from continuing their practice in
The cook, who was with a friend, could not The hon. member then picked this Calony
do otherwise and so he departed not, however, the Bill to pieces, and pointed out that it was
before telling the ticket collector what he to America we were indebted for the latest im provements in dental surgery, but the Bill would thought of him. Last night, curiously enough, restrict practitioners to graduates in dentistry the cook was again seen in the theatre and 82,500 of only three of the Universities in, the United again did not possess a pass.. After an ex- And the Bil wold impose greater change of words, according to the complain States.
ppon dentists than upon medical ant's story, the cook teised him by the queue, restrictions practitioners It would not improve the stand while another man ponched him an the nose. ard of dentistry and put it cut of reach of many. He raised an uproar and the defendant w He thought the Bill was unnecessary, unjust arrested.
Whos the pews became generally known, a roller party was formed to go up to Tung-n to try and get the two wunded down. The left Amoy about 1 sm. on the 19th relief
party, Jel and on arrival found that Tungan was perfect
the ly quiet and that their efforts to bring Patients down would be of no avail, the Doctor refusing to allow his patients to be moved until had recovered some of their lost strength. relief party accordingly returned to Amoy. The British Vics Consul, Mr. 1., A Mackinnon, and the Tactals deputy alio went up with the relief party, and on arival proceeded to the Do. 300 coolies...ami m Tung-an Magistrate's Yamen to impress upon that official the necessity of vigorous action
Total...........zzy761436 $431,300 to securing the guilty culprits of this outrage. What steps will be taken in the matter 1) is
After full discussion, it was resolved un- and uncalled for. hard to say, but it is certain that the local
animously that the committee are prepared to Consular Authorities will do their utmost to
recommend, in principle, the provision of a secure the arrest and punishment of the destructor for dealing with the refuse of the perpetrator of this outrage,
City of Victoria, but advise that, before any further reps are taken, the makers of the sype
THE “SAN HO HO HUI" SECRET SOCIETY.
15,000 75,000
It is believed by local Chinese that the gut of destructor which it is proposed to adopt tigo is the work of a notorious secret society should be requested to send out a representa jorbis district known as the "San lig Huitive to investigate local conditions and submit CA) Thin society has lately been a tender, accompanied by a guarantee for three years, for dealing effectively with 100 tons of var: Activa in this district and not no refais per day.
His Excellency said before putting, the mor tion he would like to know whether it was parsible for non-diplomaed men to recover their lees legally irrespective of this Act.
The Hon, the Colonial Secretary said there. was no legislation in the Colony.
The motion being put to the vote was carried unanimously.
NAVAL AND MILITARY WORKE On the motion of the Attorney-General, seconded by the Colonial Secretary, the Biti
A
Mr. F. A. Hazeland found the cook guilly, and fined him 55.
THE N. C. D. Nor is informed by the Weir haiwei Gold Mining Co, La. (1995) that a tele gram has been received from San Francisco giving the results of the first lot of concentrates which yielded Go'd $2,477 for 58 tons) as against Geld $65 per ton, the mine assay value. In view of the above unexpected results, it will be necessary to ball up immediately the re muining dollur.due on the mhases.
NEW SEASON TEA,
MARKET OPENED.,
[From A Correspondent.]
The Chief Justice then said that as regards the expers evidence as to the alteration, he did not believe his evidence for it was patent to everybody that in making an alteration on
Canton, 26th Jude, 1905. Chinese paper and did a very different thing to
The market for the new season tea opened making one as foreign paper, as the writing WAS thicker, ned broader, and it would be yesterday. The nettlements reported comprise, more difficult to trace vitat had been previous 12,000 boxes of 15 callies aach, The prices
are best quality, T. 42; second quality, ly written. That was perfectly clear,
Mr. Pollock
But that is only expressing 35; and third quality Tis. 8 per picul. This Your Lordship's opinion it may be a very valu tea is ready to go forward by the mail of the the 12,000 ble opinion, but still it is only an opinion with 4th proximn. Half the quantity of out, vidence to support it. In the summing boxes are of the first quality the other half is up your Lordship says "we all know the tale of made up of the inferior grades, The stock for the old schoolmatter who said that an expert. the present year is by no means large le could always see that which he wished to sea" deed, it is much smaller than that of 1995; but the prices fetched are higher than those ruling ment tout the expert's evidence was unwetiky ! for the son pravious yeATS, That, surely, is tantamount to a distinct state.
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