406
Mr. Leach in opening the case, said the facts briefly were as follows. The prisoner was employed by Messrs Arthur and Co., whose manager here was Mr. Ogilvie, and he owed them a sum of about $900. Mr. Ogilvie in January last pressed for payment and the prisoner told him that although he had not the cash he would give a promissory note backed by a guarantee. Chan Yau Lok was mentioned as the surety and it was expressed, his willingness to sign. A promissory note was drawn up by Mr. Ogilvie and signed by the parties, but later on it was found to be worthless by the fact that it was unstamped. Mr. Ogilvie went to the office and told the prisoner that the note had no value and that a new one would have to be drawn up on duly stamped paper. The original document was returned to the prisoner, and a new promissory note was made out. The prisoner went to Chan Yau Lok to get it signed as his guarantor and returned with the signature. From what Mr. Ogilvie learned afterwards, however, it transpired that Chan Yau Lok denied the signature and disputed his liability. The prisoner was therefore charged with forging Chan Yau Lok's signature and uttering the forged note.
Evidence was then taken.
The jury returned a unanimous verdict of guilty and His Lordship sentenced the prisoner to two years' imprisonment with hard labour.
22nd May.
IN ORIGINAL JURISDICTION. BEFORE HIS HONOUR J. ACKROYD AND A SPECIAL JURY.
THE HONGKONG WEEKLY PRESS AND
FIRE IN QUEEN'S ROAD WEST,
THE NATIONAL BANK OF CHINA, LIMITED, V. HIM KEE ALUM This was an action brought by the National Bank of China, Limited against Him Kee Alum, trader, of Foochow, to recover £2,460 4s. 5d. or its equivalent in dollars, due by the defendant on shares held by him in the plaintiff company, and for interest thereon at the rate of ten per cent.
Mr. J. J. Francis, Q.C., and Mr. H. E. Pollock (instructed by Mr. Wright, of Mr. V. H. Deacon's office) appeared for the plaintiff, and Mr. E. Robinson (instructed by Mr. Bowley, of Mr. H. L. Deacon's office) represented the defendant.
The following special jury was empanelled: Messrs. H. M. Joseph, M. S. S. Sassoon, J. T. V. Vernon, J. B. Donghtyric, J. J. B. Heemskerk, B. C. Wilcox, and W. B. Loxley.
(May 24, 1894.) DEFEAT OF THE ANTI-FOREIGN PARTY IN JAPAN,
We learn that a telegram has been received from Tokyo stating that in the House of Representatives the motion for the adoption of an address to the Emperor, of which the prominent feature was the Radical idea of the strict enforcement of the treaties, has been defeated.
On the morning of the 15th inst., about 6 o'clock, a fire broke out at No. 127, Queen's Road West, occupied by a second-hand clothes dealer. The outbreak centred on the ground floor, attributable, it is said, to the upsetting of the inevitable kerosine lamp, and the flames quickly spread to the upper stories. When the Brigade under Mr. H. Wodehouse and Deputy Superintendent Horspool arrived they found the whole place in a blaze. The fortunate circumstance that there was little or no breeze was somewhat discounted by the difficulty in getting water, as in the pre-treaty stipulations, which would preclude foreigners from residing outside the lists of the treaty ports and how difficulties in the way of travel in the interior.
With very praiseworthy briskness, however, the steam was got up on the engines and in a few minutes, some good streams of water from the half-an-hour's work sufficed to remove all danger as the coolies were playing on the flames. About the whole of No. 137 was destroyed and the adjoining houses suffered slight damage by fire and water. The contents of No. 137 were insured for $4,400 in the Hamburg and Bremen Fire Insurance Company, for which Messrs. Carlowitz & Co. are agents.
THE BOTANICAL AND AFFORESTATION REPORT.
The following report of the Superintendent of the Botanic Gardens, report on this department for the year 1893.
Hongkong, 7th May, 1894.
Sir,
I have the honour to submit the annual report on this department for the year 1893.
BOTANIC GARDENS.
After the fire had been extinguished, the partition wall between No. 137 and No. 139 fell down, and six men and women, who had entered the basement to recover some of the damaged goods, were buried under the debris. The police at once set to work to rescue the unfortunate people and, strange to say, found that only one man was at all injured, and he not seriously. The others were almost unscathed. The injured man was removed to the Government Civil Hospital.
At the Magistracy on Thursday Mr. H. E. Wodehouse opened an enquiry into the circumstances of the fire at 137, Queen's Road West, which occurred on the 15th.
Mr. G. C. C. Master (of Messrs. Johnson, Stokes and Master) represented the fire insurance agents, Messrs. Carlowitz and Co.
Inspector Mackie is in charge of the case for the police.
I am the wife of Wong A Pui, a dealer in fish at Chau Tai, Singapore. I reside in a house in Queen's Road West. I was at No. 137 on the morning of the 15th, sleeping in a room with my three children.
A light which I saw through a hole in the floor of my room attracted my attention, and looking through it I saw a man with a piece of lighted paper in his hand standing over a heap of clothes on which he was pouring kerosine. A moment or two afterwards he applied the light to the clothes and they immediately blazed up.
I shouted "Burn everyone in the house!" I got up about 2 o'clock. He made no reply and the other people in the house then ran out. I had been awake some time before I got up and had noticed a smell of kerosine. The hole through which I looked was about a foot long and an inch wide. I could see quite distinctly. I am not acquainted with the people on the ground floor.
The grounds, plant-houses, buildings, fences, walks and elections of plants have all been maintained in good order, and improvements have been effected in various directions.
IMPROVEMENTS.
1. An additional glass-roofed plant-house 50 feet long by 12 feet wide, situated in the nursery, has been completed. The woodwork has been chiefly made and fitted by our carpenter who is on the staff.
2. Certain walks in the Botanical and Government House Gardens have been concreted. These additions now finish all that is needed in this kind of walk formation.
3. Extensions have been made to rockeries where circumstances rendered these necessary.
LAWNS.
Towards the end of the summer the moths and caterpillars mentioned in paragraph No. 14 of my last report again appeared, but having learnt by past experience the habits of these pests their advent was anticipated, and on their first appearance remedies for their destruction were at once applied and maintained at regular intervals until the termination of their season of activity. By these means the lawns were preserved from injury.
Dr. A. Gunther, F.R.S., Keeper of the Department of Zoology, British Museum (Natural History), to whom I sent specimens of the larvæ, chrysalids, and moths for determination, has very kindly informed me that its name is Thialleta signifera (Walk.). The chief injury to the grass is caused by this species, but another one, which appears simultaneously with the Thialleta is also responsible for some damage.
This one Dr. Günther has also determined from specimens which I sent. It is Pharazia bicarnea (Wlk.).
6. Children continue to run over places where grass should be, but which they have long ago worn away. As the attendants and police are unable to prevent this, it would be advisable to provide low iron fences on the margins of walks where children chiefly congregate, of sufficient height to prevent the children leaving the walks.
Mr. Pollok opened the case by reading the pleadings filed and the answer. From these it appeared that when Messrs. Russell and Co. failed the firm was indebted to the defendant for a sum of $10,000 and defendant was indebted to them for $50,000. Besides carrying on their ordinary business as merchants at Foochow, however, Messrs. Russell and Company were the agents for the plaintiff bank, and the plaintiff bank tried to induce the defendant to acknowledge that he was indebted to it for $50,000 instead of to Messrs. Russell and Co. The defendant, however, would not recognise this liability at all. Towards the end of 1891 the defendant was desirous of selling all his shares to Mr. Weeks, a broker at Foochow. Mr. Weeks asked for a transfer of the shares and expressed his willingness to pay any outstanding claims. The bank claimed a lien on the shares and refused to allow the transfer until the $50,000 alleged to be due was paid.
Mr. Francis on these pleadings asked for judgment for the full amount claimed. Even supposing all the facts alleged were admitted, he submitted that there was no equitable defence. The only defence really set up was that the bank refused to allow a transfer of the shares, but that was no ground of defence in this case, but only a possible case of action for damages.
Mr. Robinson then addressed the Court at great length, first stating that he had not anticipated that a legal point would have been raised until the whole of the case had been laid before the Court and the verdict of the jury obtained.
Wodehouse concluded the enquiry into the fire at No. 127, Queen's Road West.
At the Magistracy, on Saturday Mr. H. E. Wodehouse concluded the enquiry into the fire at No. 127, Queen's Road West. Mr. G. C. C. Master (of Messrs. Jobson, Stokes and Master) appeared for the insurance agents, Messrs. Carlowitz and Co. Mr. J. F. Reece represented the shopkeeper.
P.C. McEwen said that when he forced his way into the shop on the alarm being given he found a quilt on the counter in flames, but the fire spread up the side of the wall and the whole place was eventually destroyed.
The premises were released.
Ultimately the case was adjourned until the next day.
Pittosporum tobira on the terrace below the fountain died during the year. This caused temporary incompleteness in the arrangement, but new plants have been put in the place of those which died.
May 24, 1894.
HONGKONG.
CHINA OVERLAND TRADE REPORT.
The Hon. T. H. Whitehead leaves to-day by the Empress of Japan.
At the Magistracy on Tuesday before Commander W. C. H. Hastings a coolie was fined $75, with the option of three months' imprisonment, for having in his possession 29 taels of opium.
The plague has during the past week continued to claim 30 or 40 victims daily, notwithstanding the heavy rains and the measures which have been taken by the authorities to mitigate the disease. There are indications now, however, that the plague is becoming less virulent, and the returns show a diminution in the number of fatal cases.
H.E. Sir William and Lady Robinson returned to the colony on the 15th inst. after a very enjoyable sojourn in Japan.
Mr. Cyril Platt, Private Secretary to His Excellency, has left for Shanghai in order to catch the homeward French mail and thereby avoid the difficulties of booking from Hongkong. Mr. Platt is going home on six months' leave, and during his absence the duties of Private Secretary will be discharged by Capt. Sterling, A.D.C.
In the fire which occurred near the new reservoir for the Taikoo Sugar Refinery on the 13th inst. even large matsheds were destroyed. A coolie who was endeavouring to save his property was rather seriously burnt about the hands and face and was removed to the Government Civil Hospital.
Our Anjer correspondent writes:-On the night of the 2nd inst. the German ship Christine, from Philadelphia to Hyogo, took the ground at Old Anjer and remained fast for three hours, without any further assistance. The ship apparently made no water, and the captain decided on proceeding on his voyage.
On Thursday morning a large stone was seen on the tram line as the motor car was descending.
The breaksman gave the signal to stop the engine and at the same time let go the break. The stone was removed and the break having been unscrewed the car resumed its journey. There was only a momentary delay, and the next car left punctually at its proper time, 12:30.
A meeting of the Odd Volumes" was held on Friday night, at which a good number of members were present.
Mr. J. Stuart Harrison delivered a very interesting lecture on "The Telephone," illustrated by diagrams and practical illustrations.
At the Magistracy on the 15th inst. A. H. C. Rao, a telegraph clerk employed at the Kowloon Police Station, was fined $10 for removing certain property from his house, which the Supreme Court bailiff had seized under a distress warrant for rent.
The fine was paid.
On Saturday evening a smoking concert was given in the Theatre by Mrs. Potter and Mr. Bellew, assisted by several amateurs. It was decided to commence the tournament on June 1st and the first round will be completed by July 31st. The second round will then commence and the entire tournament will conclude on September 30th.
A set of rules regulating the competition were passed and a committee, consisting of Messrs. H. Humphreys, T. H. Reid, and H. E. Pollock was appointed to make the necessary arrangements.
Mr. Quong Tart, who arrived from Sydney by the Menmuir, had quite an enthusiastic send-off when the vessel left. The poop was gaily decorated with flags, etc., and the city band was present.
Sir George Dibbs, the Premier of New South Wales, was amongst those who attended to wish the traveller bon voyage, and in responding to the toast of prosperity to New South Wales, with which his name was coupled, he remarked that if Mr. Tart succeeded in establishing the wool trade between the two countries, as he was about to try and do, he should have a statue erected in his honour 10ft. high.
In replying to the toast of his health, Mr. Tart said that he would do his best to further the interests of the wool trade while he was away.
The health of Captain Craig, the popular commander of the Menmuir, was also honoured.
Tart is accompanied by Mrs. Quong Tart and family, and the principal object of his voyage is to pay a visit to his mother, who resides near Mono.
A correspondent writes:-I see in a Trinidad paper which has just reached me a report of a meeting of the Legislative Council, at which was read a letter from Mr. Osbert Chadwick on the water supply and sanitation of Port-of-Spain.
It is notified that on Friday, the day appointed for the celebration of Her Majesty's birth, His Excellency the Governor will hold a levée at Government House from 12 to 1 p.m.
The steamer Dvochis, which arrived on Monday from Saigon, reports that the steamers Bengice, Bucephalus, Bantam, Holstein, Decima, and Jacobs were lying in quarantine at Cape Vin.
Mr. H. P. Tooker has been appointed Acting Director of Public Works during the absence on leave of Mr. W. Chatham.
We understand that the Hon. J. B. Stewart Imokhart, who was elected Chairman of the Victoria Recreation Club for the ensuing year, has declined the honour.
A meeting of chess-players was held on the 15th inst. at Bank Buildings in connection with the recently formed Club, for the purpose of arranging a tournament.
Mr. H. E. Pollock presided.
There were 729 visitors to the City Hall Museum last week, of whom 93 were Europeans.
Early on Monday morning a junk was capsized at Murray Pier in a squall. No lives were lost.
The lung Wah Hospital and its temporary branch at the Glassworks have been connected with the telephone system.
For some time past the villagers of Yau Ma Tei and Yaumati have brought reports of devourings by two tigers and these grew so numerous that at length a party headed by some European sportsmen, armed with a few rifles and miscellaneous weapons, set off in search of the other tigers still supposed to infest the district.
Well, the tigers were tracked to their lair in a rare and they were wide enough not to get choked at two miles from the boundary and shot.
Some trouble has been given by a demonstration of native prejudice and ignorance, this on Saturday and day last giving rise to disturbances in the Pakwanshan district.
The Government mitigated the trouble by granting permission to place the patients in a hospital on shore under Chinese direction.
Our Tientsin contemporary gives the following particulars:-
Mr. James Cantlie, F.R.C.S. Eng., of Hongkong, with Mrs. Cantlie, and Mr. Ernest L. C. Berger, arrived in Tientsin on Wednesday, 9th inst., and left the following morning for Peking and the Great Wall.
The Glenugle arrived at Woosung on the 13th inst., 39 days from London, including all stoppages. She will be the first steamer this season to lead tea for New York, via the Suez Canal.
MISCELLANEOUS.
An order has been sent to Europe for two iron towers for the Manila cathedral to replace the stone ones destroyed in the last great earthquake.
The animals at the Pokfulam Dairy Farm are now quite free from the pleuro which recently broke out there, and only one animal, which is segregated at a distance, is now under treatment.
The cattle are being inspected by Mr. C. Vivian Ladds, Colonial Veterinary Surgeon, and already 120 have been treated, generally with complete success.
The annual general meeting of A. S. Watson and Co., Limited, was held on the 19th, the report and accounts being passed without discussion.
On the 22nd the general meeting of the Humphras Estate and Finance Company, Limited, was held.
Mrs. Potter and Mr. Bellew are still performing at the City Hall Theatre and will leave for San Francisco next week.
I am quite satisfied that the separate system of drainage and nothing else is the cause of the plague. Formerly, when all house sewage ran into the storm water channels, it was deponent sayeth not.