1876-06-27 — Page 4

No. 4055,-JUNE 27, 1876.]

Mr Dennys appeared for the plaintiff, and | Mr Brereton for the defondant.

IN ORIMINAL SESSIONS. (Before Chief Justice Sir JOHN SMALE,) June 27, 1976.

MANSLAUGHTER.

Humphreys V

Westran, $100,- His Lordship delivered the following judgment: -This is an action brought by the plaintiff against the defendant for a malicious tres-

Mr O. V. Lang and Mr Jesso Harrold, pase in shooting his dog, and he claims chief and second engineers on board, the $100 as damages. The plaintiff has some Liver steamer Kinshan, were indicted for gardens at Kowloon, and kept for the causing the death of one Wong Achow, protection of his property five or six dogs, Chinese passenger on board, by the explo- of which this dug, a sort of Manila blood-sion of the super-heater on the 6th May hound, though not of pure bread, as last. one, and it was principally valuable as Boing. The Hon, J. Bramston, Attorney Gene a very good watch dog. The defendant is ral, prosecuted. a police constable stationed at Kowloon, and whilst patrolling the place had often- come into collision with the dog, who evidently had as great an antipathy to police officers as they had, to him. Westron had been repeatedly, as he describes it, attacked by the dog. He had "a struggle" with him, he says, the Sunday night before. I understand by that expression not that the dog had seized him or he the dog, but that they had one of their usual encounters- the dog barking violently at defendant, and

Mr Kingsmill, instructed by Mr Brereton, appeared for the defence.

Special Jury-Mesara S. E. Burrows, o. M. Kerr, Thos. Jackson, J. G. F. Hassell, H. Tobin, A. G. Romane and M. C. do Rozario,

Mr. D. Robb., R. N., was again put into

the box.

The Attorney Gonoral said he had one or two questions more to ask of Mr. Robb.

Tha A. Have you examined the

heater?

1.

THE GUINA MAIL.

consider this was very light work, The boats were always run very easily fa com- parison with the strength of the boilers.

A Juror On what grounds do you con- sider 25 lbs. a safe pressure ? Is it accord ing to the age of the boiler or the condition of the boiler?

Answer-According to the report of the angineers.

His Lordship asked what report the wit ness received from the engineers?

Captain Sanda said he went on board the steamers every day.

His Lordship asked if that gossip was to be the report.

Witness replied that he had 'official re- ports,

The Chief Justice asked if his responsi- bility was founded on conversation with the engineers or not,

Witness replied partly on conversation and partly on written orders. The orders are entered in a book which is in our office. The Chief Justice here called upon Cap- tain Sands not to make such a light thing

this enquiry.

Here was a case which concerned life and death, and the witness

defondant striking at him with his staff corresponding plate in the other super-treated thin enquiry as if it were the idloat a personal instance of misconduct, and to

and fually drawing his revolver and firing over him. This seems to have been a pot uncommon occurrence, and at the sight of the revolver the dog used to ran away. On the night of May 31st the defendant, by order of his Inspector, went to Mr Humphreys gardens to enquire whether any plants had been stolen, a hawker of plants having been taken to the station under circumstances. supposed to be suspicious. Defendant, accompanied by a Chinese lukong, went there, leaving the hawker in custody, and as they approached the gardeners' houses, out rushed the dogs and the usual scene was repeated. The dog stood barking about three foot off; the defendant keeping him at bay with his staff. At last he drew his revolver and fired, the bullet strack the dog in the region of the loins, who ran away and was soon after found dead. Was the defendant justified under these cioum: stances in shooting the dog? This is really an important question, in a place where

Bavage, dogs, accustomed to bite mankind and to tear and mangle other dogs, aro most improperly allowed to go about un- muzzled. It is true that the laws of the Colony provide a remedy, and by 14 of Ordinance 1845, section 2, sub-section 10, any person who shall keep a dog accustomed to annoy passengers by backing or other. wise, or shall suffer any unmuzzled ferocious dog to be at large, is liable to s fine of £5, and an order may be obtained from a Police Magistrate for the destruction of the dog, This Ordinance, extends to the Colony of Hongkong and its dependencies, and would

Mr. Kingsmill objected to evidence on the other super-hester being given. The prisoners were charged with a felony and he could not be insiscing too much.

His Lordship said they all knew that. The fact of the prisonets being charged with a felony or a misdemeanour would not change, the law of evidence one iota. After discussion the question-was-with- drawn, his Lordship being of opinion that it was utterly immaterial how the defect came shout; common sense would tell them that it was brought about by deterioration in course of time.

The Chief Justice mid it was a very

Mr Kingsmill observed that throughout

his experience of his learned friend, he had

never known him vither in a civil case or a

oriminal prosecution to have shirked any point in favour of the recused.

(bing.

Captain Sands begged his Lordship's

lightly, pardon, and denied that he treated the case

His Cordship said his manner indicated that he did so.

be must produce that book.

The Chief Justice further observed that

By a Juror Is it or not your duty se superintendent of the Company personally examine those boilers, or to be satisfied solely with the verbal reports of the engi. Beers and those in that book!

Anawer-It is my daty to examine

them.

A Juror I mean by boilers, the whole machinery, my Lord,

...

Witness I have done so; the last ex- mination i made was six or eight months go. I cannot say whether the patch was

on then or not,

Mr. Kingsmill was quoting some other cases, when his Lordship asked whether it was the practice in England to cite a number of oases to the Jury who was not supposed to know the law.

Japan,

NAGASAKI.

A pleasant pic-nie treat was given by Captain Hume and the officers of H. M., S. immortalite on the 8th inst. to a number of ladies and gentlemen at Papenburg. The day was all that could be desired. The band of the ship accompanying the party much enlivened a scene of galety sad mirth. Everything went off with precision, and the happy guests have one more day of unalloyed pleasure to record.

The Yantic and Fates may hourly be expected here from Hongkong. We will be happy to welcome our old friends again to this Port.

H. E. M.' gun-boat Swinger which left the barbour for a cruise as far as Goto island on the 6th instant, returned to her former anchorage in the afternoon of the 9th (Friday),

í

It is reported that on Friday isst over. seventeen Japanese women were arrested by the native authorities for frequenting Luasa (Russian settlement) without proper permission,

must be directly traced to their negligence. | Jury believed that there was a lack of this Shon Pac-chen, the Viceroy of Nanking, His Lordship said he must have the law caro and cantion on the part of the prisoners, has beon distributing handsome presents while the Jury had the facts.

the latter became liable to a verdict of among the mandarins whose tranpa he in- Mr Kingsmill said he was simply opening guilty. If the prisoners undertook to exer- epected during his roccat tour. They consist the case to the Jury, Continuing his adoise skill upon which the lives of their principally of jackets of silk and fur, besides dress, he said he would not use the word fellows depended, then they were liable badges of various grades of honour,

gro in expressing negligence, for the to the consequences of such fault Com- word "gross" was said by a judge to be a ing to the facts of the case, his Lordship torni of vituperation, but he would adopt remarked that, considering the position of the phrase employed by Mr Justice Denman Captain Sands in this matter, he had given

(Cosmopolitan Press, June 14th) that of "olear negligence," or undoubted very fair testimony in the case. During

Several pic-nic parties on a larger anale negligence. He then proceeded to give an the reading of Capt. Sands' evidence le sug than usual are guid to be in course of outline of the law in negligence of this kind, gested to the Jury the question whose busi-

formation. More especially is this the and among these cases to which he said he ness it was to find out what the thickness of

case with one to be composed entirely of would refer the Court was that of the the plates was. On the alleged difficulty of

the Chinese elite. We are given to under- Mistletoe. In that case the Hampshire Jury getting at the different parts of the super-stand that the occasion is to be celebrated did not return a verdict of manslaughter heater, the C. J. observed that in casos against Capt. Welch of the Alberta, though where life and death are in question, such as a general holiday amongst the more they found him to blame. There was a broad extenuation could not be admitted. At all prominent of that race in Nagasaki, and distinction between negligence in an action for risks they ought to have semi to the security certainly the weather is everything which damages and that in whiab it was sought to of the boilers; but they do not appear to even the most fastidious of them could

desiro. a man criminally liable. Mr. K. have done so. By tapping, not necessarily make

It is with much pleasure we notion that pressure, the defect then quoted the case of The King. Allen. by hydraulic

been discovered.

the enterprising firm of Messrs. Boyd & His This was by no means on all fours, there might have fore he would not go into it very fully, but Lordship

Co. is not coutining its improvements to next remarked проп the would make use of some of the expressions amount of pressure need in the boilers, their Yokohams branch. Their handsome. there. The omission, it was ruled, must be Concerning the deterioration, he knew that and most substantial stone wharf will some iron plates were more subject to decay shortly be completed, and upon which is make a man guilty of manalatighter, than others, and this appeared to be so in now being erected a splendid pair of shear the act of omission must be that of the present case; but the question for the legs capable of hoisting many tons. These After quoting an-Jury was, whether a sidhicient examination improvements add considerably to the other oase, he cited the oase of the Queen was carried on to detect such deterioration, business appearance of the Bund. personal misconduct. v. Bennett,

It was not that the prisoners did not work hard, they did not work in the right dirse- tion; had they told their employers that they could not sufficiently examine the boilers in the limited time at their disposal, then the responsibility would have rested with Mr Kingsmill replied that the law and their superiors. Flad prisoners struck the fact in this case went together. He then weak point of the superheater, they must continued and cited the esse of the Queen . have known of it; so says Captain Sands. Lowe. He then referred to the evidence Referring to the want of printed in and reviewed Mr Robk's testimony. The structions, his Lordship observed that it The Attorney General then brought tu the notice of the Court the latest decision

witness spoke from a naval point of view. did seem monstrous that copies of those in- on manslaughter through culpable neglect,

Taking Capt. Sauds evidence, he had said structions were not supplied to the men who The Attorney General here interposed that he had seen the engineers inside the noted under them. Arriving at Mr Robb's They evidence, the Chief Justice remarked that important case and he had never seen it so and quoted the case of Que n v. Scott, sig-boilers on Sundays at all hours. strongly expressed in favour of the accused.gesting that witness was not bound to answer had to work on days which others looked the Jury could form their own opinion as to He thought the administration of justice

such questions.

upon as days of rest, and the learned the character, demeanour and capacity of was indebted to the Attorney General

By a Jurer-Did you make any exam. counsel questioned whether the superheaters that gentleman, His Lordship gave em ination ?

would be wholly cooled down from Saturday phasis to the statement made by Mr Robb, night. He next spoke on the cloee air in the that he seldom found much variation in superheater which was 18 inches wide and 18 different men's impressions of a tap of the feet high. Referring to Mr Robb as an ex- hammer; and again, it would be the duty of pert, he came with all his notions and tradi- the engineer to give more attention to the tione of the navy, and he had no experience parts of the boiler mote exposed than to whatever of the merchant service. As to the other parts: which did away with the argu- patah, it was not put there to support the ment of the defence that there was no time taken a strange fancy for raclag giga, nu plate as a plate, but it was put over the to examine all the boilers every Sunday. doubt with a view to studying their lines

and competing at next regatta. Anyway - Nembert had said that And if this were not done, it would show a lap of two plates, during the time he had been on board, there want of care. According to Mr Robb, there they have possession of one of the racing had been two, three or four patches put on was ample time to do so, while an inspection Bigs which was lent to the Shanghai crow Would this shew that the engineers had every six months ought to have been and upon its return from Kobe was seized That no such examination was forsooth because no permit was taken out been negligent of their duty F. Was there a held. tittle of evidence against these men? They held was explained by Captain Sands on the for it. It seems to us absurd that a boat

should be treated like a bale of shirtings. foresight could dictate, He then compared and that he had his reports from the en-

We notice that the U. S. Aag-ship Zen- On inquiry, however, none of the toile and troubles which engineers in the gineers. ease and calmness of an engineer in the Royal of the public safety was not the question at frem Yokohama on the 7th instant. We in a course of a few days. The Monocacy Navy Referring to the engineers' book, he present under consideration: it was simply may expect to see har in this barbour again submitted that there was no racing between that of the exercise of ears, skill and proper has also arrived in Kobe on the 9th. the two boats and that the pressure of 25 lbs cantion by the prisoners in the examination steam was put on under orders of Capt: Sands. of the weak spot in the superheater. With it in the power of the prisoners to carry on evidence of Capt. Sands and Mr Robb-the They had heard of hydraulis tests, but was the admission of the weak point, and the such a test? This would have caused the latter that of an able engineer and a cautious ship to be laid up. After further remarks witness-the Jury could come to a con- on Mr Robb's theory of chemical action on elusion on the matter. that part of the super-heater, Mr Kingsmill

On the return of the Jury, the Foreman characterised Mr Robb's evidence as being hard, though not unfair or untrue, against stated that they were unanimously of opinion the prisoners. He considered it hard as that the prisoners were not guilty. He also from a brother professional, and he had requested permission to read the following than that. In concluding with his narration that the Hongkong, Canton and Macao of facts, he again remarked that to make a Steam-boat Co., through their Superintendent, an criminally guilty, the omission must be Captain Sands, has not taken proper mea- culpable. He then addressed the Jury ensures to ascertain the tondition of the Azz the law of the case, quoting the Mistletoe and shan's boilers, and superheaters. The Jury Albertà affair, and some other authorities. is further of opinion that, considering the The Attorney General did not shoose to number of passengers travelling on the River Steamers, they ought to be laid up The Chief Justice said that in the eloquent and thoroughly examined at least once every exercise his right of reply. address on behalf of the prisoners everything six months.

The Chief Justice observed that the paper had been said that could have been said on thought however, that poor Mr Robb had the Jury and recorded as such. He entirely been rather hardly dealt with, and hail been concurred in the opinion expressed,, and le treated as if he were a partizan and as if he was very thankful that the Jury, as men of had been called as an expert merely to prove the world and commercial men, had found hand-writing. He was sure that Mr Robb the prisoners nat guilty. It was true that had given bis evidence in a very quiet, calm the punishment of manslaughter might either and impartial manner, and it was not usual be that next to death or the time of one shil- to make such remarks upon witnesses thas ling; and it was not for the Court now to say what grade of punishment would have sailed.

been imposed had the prisoners been found guilty. But he was glad that they had been common sense, and of the high tone usual to acquitted, and that by men of the world, of a Special Jury,

The Court then rose.

Cross examined: The fracture in very bear the top. I have asen the super-heater ashore, taken out of its place on board, but I know its position exactly.

The steam would affot all the iron on the side. I have spoken to the duties of engineers. I am an old service engineer. In the service the rules are more strict than in the merchant service, in the case of boilers

passed a very atrio examination. This examination is much more striot than that hardly any comparison. The staff of er.. gineers on bos d vessels of the navy is very different from that of the merchant service. The general rule is ono cngineer for every 100 horse-power. One engineer's ear may not be so cute as anothor's. But engine

Mr H. Bailie was examined I am manager of the Novelty Iron Works. Some work was done to the Kinshan. I do not pow that a patch had been put on to the starboard superheater.

The Japanese Custom-house officials have

apply to Kowloon; and if, as the defen. particularly. The engineers of the navy few months as second engineer with Mr had taken all possible care which human ground that the steamer's work was light used solely for the purpose of pleasure that the dog had attacked him before out in the merchant service; in fact, there is heater of the starboard boiler, The patch merchant service had to encounter, with the those reports could be found. The questionnessee is now in Kobe, having arrived there dant says, as I understood his evidence of the plaintiff's premises, he could no doubt have obtained redress. Probably the dog would have been kept tied up, and this would not have happened. It is a great pity that people do not apply to the protoc. tion of these laws under such circumstances

don t differ very much in the resulta oi their tapping.

By the Court: Average pressure is the

same as the moan pressure.

For the

pressure to average 25 be, there must be It would certainly

a power to go above,

be the duty of the engineers to have exam- ined every Sunday the particular part

seeing the patch would have paid more at-

Mr Charles E. Nembert was next ex- mined I have been twelve years an en- gineer. I am employed in the stem boat Company. I joined on 1st July 1876. 1 was employed on board the Kinahan for a Harrold as Chief engineer.

I don't re- member a patch being put on the super was put on to strengthen the boilers. I have sounded the superheater with a hammer. I have probably done so three or four times during the twenty Sundays or thereabouts I was on board, I super vised the scaling of the funnels every Sunday. The width of the superheater is 16 to 18 inches, and the height 18 feet. I went up the chimneys every Sunday. Mr Harrold also went up. We generally test the boilers by sounding them with a bam mer. I did not find any part unsound. I left the Kinshan on the 17th April when

The Jury then retired.

Dead Letters.

Bowker, Mrs., 140, Robert Hall Street, L'pool, Brown, Capt., 10, Warren Street, Bosten,

U.S.A.,

Davey, Mrs., Fortland Place, Plymouth, E'land, Delerie, G.,Paris,...................... Damont, Mies E., Post Office, Yokohama,..... Field, Miss F., Catherine Street, City Road,

London,.....

London,

more often than they do. On the coca sion in question, the dog was on his master's promises, and performing his duty as a good watch dog. The defendant came on the premises at night in the performance of his duties. He had a right to go where he did to make necessary enquiries, and was not, it seems to me, a trespasser in any sense. I should have thought that the character which was more specially table to the Mr Lang resumed charge.

Cross-examined:-I have never had ocos. of the dog for ferocity and a propensity to bito mankind would be a very pertinent action of sleam. I-think a proper engineersion to make a report to the second prisoner peyor heard a man give harder evidence opinion: It is the opinion of the Jury matter of enquiry, but Mr. Wotton pro- tention to the weak part Derr it. Putting as to the unsoundness of the plating. I have duced a caso, Morris v. Nugent, in which the patch on increases the heat behind the known plates as thin it some places as that in Court is, carrying a pressure of 35 lbs. Lord Deuman laid it down that such

patel I do not think the putting on of evidence was irrelevant as, he says, "The the patch accelerates the deterioration. An

for a while, above probably a month. I circumstance of a dog being of a ferocious ordinary engineer ought to have known examined the boilers the Sunday previons I saw some disposition and at large did not justify that that part of the plate was in a danger to my leaving the Kinshan. shooting him; to justify such a course the ons state, and he would have known it if patches put ou during the time I was there. animal must be actually stacking the party had hammered it. I have said that The very beat of boilera sometimes require patching up here and there, Looking at at the time." In that case the dog was different men would give different reports the plate in Court, I would judge that the shot as he was running away, having seized of the results of tapping, but I do not plaintiff by the gaiter, but what the exact think in this particular case and on that plate was put on some six months ago. I definition of attacking should be I cannot particular spot, many engineers would i should judge that the patch was put over their behalf in a very appropriate way. He read would be received as a statement from Moseley, H. K., New University Club, L'don,

aeum. When I left on the 17th April, I would not hesitate at all then to pronounce that the super-heater could carry 25 lbs. of

say. How a man is to know the exact moment when a ferocious dog which is

barking at him furiously is about to change

me."

differ much in their opinion as to the defect. One might say it was inch thick and another not so much, but all would say it

steam.

Re-examined: Looking at the plate now, I would not hesitate to carry 25 lbs. alieam with the plate only so thick as the part where the fracture occurred.

By a Juror: If you touched the top of the super-he-ter at all, could you have failed to discover the presence of the patch; you said you were not aware of that patch at all Witness: I can't say positively. I might or might not have discovered it, I should see it if it was there.

By another Juror: Did you tap the boiler or the superheater overy Sunday?

Witness: No, Sir,

Q: How often then?

A. It is impossible to sound both

either super-heater.

སྙ་

Inspector Grimes spoke to having gone to the dock and fetched the plate ia Court. He identified it as the one taken from the burst super-heater of the Kinshan.

Capt. Sands having returned to Court with his order book, was again examined: I do not see any order in this book given io reference to the boilers or the engines. Sometimes I wrote orders on the wharf and no copies were kept. There was no order in the book in reference to speed.

Witness: My Lord, would you like to krop the book?

Mr Kingsmill disclaimed any intention of speaking in any objectionable sense of Mr Hobb's evidence: he took care to draw the distinction,

Ohina

SHANGHAI,

(News)

We hear that a private telegram was received yesterday, (June 18th) announcing the arrival of Mr Grosvenor and his colleagues at Singapore. He may therefore, we pre- sume, be expected by the next French mail.

A Municipal notification in another column,“ a definite atates that census forms will be circulated to-day (June 20th) and that the Council will feel obliged by their being filled up by to

policeman will call for

U.S.A.....

Graham, Mrs. Jane, 21, Gaskell Street,

Liverpool, (Registered),.... Hans, Mrs., Bernard Street, Commercial Road, Hunerd, Mrs., Williamsburg, Long Island, Hill, Charles, Yokohama, Hughes, W., HM.S. Victor Emanuel, H'kong, 1 Jack, Alex., Engineer, S.S. Estepona, H'kong, Kenway, Mrs., S.S. Duke of Lancaster, O'tta, I Mackenzie, Mrs., Raimond Street, Vauxhall Man Mick San, Stanhope, Bristol, U.S. Amr., 1 ..... 1

Morgard, Mr., Stag Hotel, Hongkong, Merritt, Staff Serjeant-Major, G. R. O., L'ion,

Puinhard, Mrs, Cambridgeport, Mass... Richardson, Miss J.; Bombay Roberts, Miss R., 585, Third Avenue, N.-York, 1 Taylor, Mrs., Borough Post Office, London,... 1.

The above letters have been returned from

Road, London,..

various places at which the addresses, cannot be found. If not claimed within ten days they will be opened and return ed to the writers,

Quotations.

BONGKONG, Jurie 27, 1876. „PIUM-New Patna, cash... 585 oredit, 587

#.

11.

31

Old Fatua, cash.... — oradit, -

New Benares, cash, 567)

oredit, 570

Old Benares, cash, 587)

credit, 590

New Malwa, cash, 565 credit, 570

Allowance Taels, 8 a 12 Old Malwa, casli, ---

erodit, Allowance Thak

... *

AMPHOR, QUICKSILVER, ... SALTPET RE,

"

H

Exchange.

+123)

73% 74

Bombay, denfand, Shanghal, demand, Shanghai, 30 days' sight,... Bar Silver, 17, dwtg, B.,

his bark into a bite is too difficult for me to

was unsafe. The anildest 1 should say of determine. I should have thought that the failure to detect the defeo: would be an knowledge of the ferocity of the dog, and error of judgment. If out's orders are to the of its propensity to bite would decide effect that he is to examine it every Sunday whether to shoot him was justifiable or not. and it he fails to di- cover it, I should call it I am bound, however, by the decision of error of judgment at least. Supposing he is Lord Denman that the dog must be in the not ordered to examine the boilers every Suu- act of attacking a man, not merely barking day but is responsible for them, he has to at him, or, after having bitten hin, running examine them, aud if he finds any defect, away. In a previous care Clark v. Web- he is to make a report.

His Lordship was very glad to hear that ster and Salt 1 Car. and Payne, p. 105, By the Jury:It is not necessary to ex

it was eo.-Though charged with killing it was held that allegations or a plea that mine the boiler in so thorough a manner

and slaying, the prisoners deserved our the dog was accustomed to attack and as that described in a new boiler which bas

sympathy and did not stand in the same bite mankind" were material, and must been well tested. It is not necessary to

position as common prisoners charged with be proved. The evidence failed on this make such examinations oftener than once

felony. It was important, however, that point, but by Lord Deaman's decision such in six months. KLowing the patch on the allegations are irrelevant and should be particular boiler in question, a thorough

the Jury should carefully consider the case, struck out, and that case is overruled. In examination ought to have been made. There super heaters on one Sunday. It can be as the Queen's subjects must be protected the present case the defendant knew the ought to have been an examination every only done partly one Sunday and partly the from every proventible accident, while the dog, who had often barked at him. He suuday. The engineers being aware that next. I never found any defective part in line must be drawn between culpable and exousable carelessness on the part of officers says "I have struck him and fred at him patch was put on, ought, in my opinion,

employed on board of steamers. Great care before. He always ran away before when I to have special attention paid to the

subject, and the result was fred my revolver. He had never bitten weak part and that once every week Tho

had lately been given in England to this Un cross examination he says, chick Bagineer who responstule for such

extension of life at home. It was for him to had not made up my mind to shoot him. special attention being devoted to it.

clearly lay before the Jury the law bearing I did not intend to hit him. If he had

A Juror Was there time from week to'

on the subject. The vase of the Queen and morrow, wher gone away I should have been satisfied."

week for the engineers to make such an ex- The defendant was also under the impres-amination as would make it impossible for

Lowe inaugurated a new state of things, ao-them,

At the meeting of American citizens held wording to the elasticity of English law, what sion that H.E. the Governor had issued an the super-beater to be in the state it is?

now is a crime was not so fifty years ago, yesterday afternoon (June 19th) at the U.S. Bank, 6 months' sight,...8/10 order that no dogs were to be killed. On Answer: There was plenty of timer returning to the station he reported that Captain Sands was recalled and examin-

owing to the great advance of science. Consulate-General, to consider and deoideredit, 6 months' sight,.....8/10 Again, the civil rights of parties were very upon the best mode of selebrating the On Calantta, Bank demand,... 280 * he had shot at the dog. These facts leaded by the Court-It is impossible to say me to the conclusion that the defendant when that patch was put on I can't tell

different. An act of omission, as well as an approaching centennial 4th July, a co- act of commission, may sometimes stand on mittee was appointed to make arrangements, did not intend to kill the dog. Moreover, that by even referring to books. Chinese

The Chief Justice: Oh, there is nothing the same pedestal. Now here there was an and to report after deliberation. An exour- an examination of a photograph made after workmen were employe I and the patch was

act of omission.

sion down the river seemed to be preferred the dog was dead shows that the ballet put o under the superintendence of the in it.

The A. G. interposad. It was an act of by the majority of those present, but the Sycee, This closed the case for the prosecution. struck him when he was turned or turning engineers. I have no recollection whether The Court was then adjourned till 2 16 commission to carry more steam than the final arrangements were confided to the

committee. ayay from the defendant. The witness that patch was put on by the Novelty Works

Gold Leaf, Cheon Amee examined the wound and

The new steamer Han-kwang, built at English Soverolgna, His Lordship admitted this, but the pri- or by the Duck Company. The engineers P. when Mr. Kingsmill would address boiler would bear, proves that the bullet went towards the would give the order for the work. There the Court for the defence.

soners had, likerise omitted to find out the Greenock, for Mr H S. Bidwell, but Australian Sovereigns, ... head. I and, therefore, that the dog was was no maximum rate of pressure given by

amount of steam the boilers would bear. indended, we understand for the C.M.S., Discount,... not attacking the defendant at the time he me to the engineers. My directions were When the Court resumed, Mr Kingsmill The oase of the Queen and Lowe aleatly Co., arrived here yesterday, (June 19th.)

Shares, was shot. The night was dark, but one of thst the pressure was not to be more than began his address on behalf of the prisoners, showed that wilful neglect implied the same she anchored below the shipping, and no Hongkong Bank, 3 % prem...... the party had a lantern, and I believe that 25lbs. The safety valve was made for 30lbs. He spoke at the outset in such a low voice criminality as a wilful commission of un-person was allowed on board except with the the dog, seeing the revolver, was, an before, I consider 25 lbs. a safe pre-au o for the that one of the Jurors had to ask him to lawful acts as laid down by Judge Denman permission of the Captain, an officer being.. Fire Ins. Co., $820 running away. The result is that the de-boilers. It was the engineers duty to see speak a little louder. He said that before The immediate cause of the accident in this stationed at the top of the gangway to Chian Fire Ins. Co., $155

H.K. & W. Dook Oo,, 87 % dia.. fendant by the careless ase of his revolver shat 26 lbs. were not exceeded.

he referred them to the evidence of the case, dass was the bursting of the boiler, and the keep back those who had not business to Olina Tradera Ins. Co., 1850 shot the dog which was not in the act of

By the Juror: Do you not think that he would address himself on the chatge proximate dause was the inattention present transact. She is brigantine rigged, and sttacking him, and, under the authority of the steamer ought to have been laid up and against the prisoners, and under the dired in the oversight of the condition of the equal in size to any of the vessels now owned Onion Inn Society of Canton, $600

Ohinese Insurance Co., $218 Morris Nugent, he must be held liable. he boil-rs thoroughly examined at least tion of the Court, on the law thereof There boilers, together with the use of a pressure by the Company.

North Chine Ins. Co., Tía. 815, ex div. I am sorry to be obliged to come to this once during the past three years?

were two leading points in the case; first, of 35 lbs. of steam on a boiler which both r

---| Q. & J. Marine Ins, do, Tis, 34 až retimdi conclusion, because I think the not if it

whether the prisoners are guilty of negli Sends and Mr Hobb agreed it was dangerous.

(Courier.) had been intentional would have been as nearly justifiable es possible. That it was unintentional does not relleva defendant, as men must be held responsible for the nae of a deadly weapon on the contrary, it rather aggravates than lessens bis liabi lity, because it amounts to an admission that the circumstances did not warrant an intention to kill, even in his own judg ment. The question of damages is always difficult one. People are apt to put fansy value on dogs, and I think the claim of $100 is far too high. I award $80 and costs to the plaintiff, Judg ment for plaintiff, 620 and costs,

Sir Wotton appeared for the plaintif, and Mr Johnson Kör the defendant;"

Anewer If I had the chance, I should bare laid her up,

"

His Lordship asked, was the public to

run the risk

Answer! I have every confidence in the engineers and the boilers

His Lordship said he was asked whether be thought the steamer should have been aid up at least once in the 1st three years, and to have an examination made His answer would to simply yes or no."

Answer: No.

A Juror I differ with you.

I

Witness I did not think it necessary to lay the steamer up, because the steamers rus only on an overage six hout out of twenty four, aud for six days a week. A

been finally broken off, and that the Minister

Mexicans,

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gence, and secondly, if the negligence was After dealing with the question of the re We find we were wrong the other day in Yangisse Ins Association, The, 640 culpable amounting to criminality. It was letive amount of negligence contributed by attributing the alteration in the glans of Sir Valon S. Navigation Co., The not the question whether or not the man each prisoner, his Lordship came to the Thomas Wade to the pacião solution of all... 8. bost Co., •17;dis died of scald that they had to discuss, and conclusion that, if one were guilty, both difficulties. There is reason to believe, on Shangha! Steam N. Uci, Tia. Of he considered it unworthy of himself to take must be so. If the Jury are satisfied that the contrary, that the conclusion to be drawn Hongkong Hote: Co., $45 dis, up the time of the Court and Jury on quess it was the plain and reasonable duty of the is a diametrically opposite one It is said Chiasse Imperial Loan, £107,. tions of cause of death, identification of de- prisoners to have taken wertain precautions that negotiations, properly so called, have cessed and so on, and for that reason he had which would have prevented the accident, refrained from questioning the Chinese wit then they must bring in a verdict of man nese and Dr. Wharry. The question was slaughter against the prisoners. These were first whether the prisoners were guilty of the words used in the Queen . Haines. négligence; and secondly, it guilty of neg. In the words of Lord Dentaan, persons were ligence, whether it was that culpable negli-bound, when dealing with specialities (such gence amounting to a crime, He would as steam engines, for instance) to exercise presently quote the words of Baron Brame the necessary precaution and skill in the well in reference to this case. The death management of such specialities. If the

t

Zemperatura. Boxerowa, June 27, 1878.

Queen's Road.) TH>EMOMETER M1

Do.

47.3 Do. Maximum, Do. Hilaire, ces aight, BARONSTER, &

is simply awaiting the decision of the Chinese (Taken at Messrs. Falconer & Co.'s Premius, Government respecting the final demands. which he has made, and which, we under stand, so far from being relaxed, have been supplemented by additional requirements of somewhat severe nature. A show of force though, perhaps, not the excrpiss of foros itelmay yet la nccessary.

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