1879-12-29 — Page 3

No, 5140.-DECEMBER 20,,1879.]

The question disallowed by the Court as irrelevant; nothing of the sort was charged against him, and in law he must be presumed to have been quite sober.

Witness, continuing, sald he could not fir the date when Mr Ross spoke to him about Marks' hours; he only remembered that such a thing was done.

Re-examined, he could not any when Marks reported him for not striking the clock. It was in Marks' charge, and he had neglected to wind it up. Anked "Did you report him for doing that ?" witness said "No, I never said anything about it. We are all fellow-workmen."

Mr Hayllar: He looks upon Mr Marks as a man and a brother,

THE CHINA MAIL.

atrated with him frequently for coming late to work. He remembered two or three cccs sions after breakfast, and once when he came in at 1.20. Witness heard on that occasions a row in the back shop and knew that it was about his coming to work at that hour. "Did not hear what was said. On the 2nd July witness did not know that Marks had left the store until he went down to the Recreation Club and found him there. He himself left the store at 4.20, or 4.25. At dinner that night Mr Ross asked him why he had gone away from his work. He said he was out stearing one of the boats. Mr Ross then said he would hear from him early next morning,

Cross-examined Witness said he did not know that the real work of the day com menced after breakfast. It was supposed to begin at 7.80. Every one was supposed by then to bo at his own pidgin. Witness was up late when he saw Marks coming in late, of course, but he had not been out till that hour. His work was not of the same nature as Mr Marka's. None of the other employes had kept auch hours. Mr Baird was often late in coming down to his work, but he was an invalid.

Re-examined, witness said he was salea man and general assistant; did a little Iwatobmaking occasionally. The Mr Baird referred to was in consumption of which he diod.

I

To the Court: Mr Ross goes down every morning at 7; the store is open and we aro all at work without fail by 7.40. Marks was after 8 two or three days every week. Thoro la no personal ill-feeling between myself and Mr Marka.

men themselves. No one would complain of any of their assistants. being out lale occasionally, but Marke was habitually late at night and habitually lata AL consequence in attending to his work in the morning. The destruction of all discipline that such behaviour effected was sufficient excuse for the employer putting an end to the "contract.” He quoted from the Law of Master and Servant to show that wilful disobedience justified dismissal. Masters ought to be supported in a case of this kind where they had a young man of intelligence to deal with and not an Ignorant uneducated fellow who had not known in his dis- obeying orders, what risks he incurred. Mr Ross had been thoroughly dissatisfied with Marks for a long time and had given him chance after obanco; after this deliberate disobedience in face of all warrings he was justified in looking at the whole matter of his past misconduct as a system and in acting as he had done. The points of law he left to his Lordship.

were not really entitled to any fee; it lay in The Jurors, who were called by the Court, the discretion of the Court; but Mr Hayllar, if His Lordship thought it was a case where for defendonte, undertook to see thew paid the fees should be paid,

jurors should receive fees.-Judgment for His Lordship: Cortainly.. All special defendents; no costs.

NEWS BY THE ENGLISH MAIL.

The P. & 0, Co.'s steamship Bokhara, Captain W. D. Anderson, with the London Mail of the 21st November arrived this evening,

REUTER'S TELEGRAMS, '

(For Straits Times.) Peshawar, ed. 18.-Telegraphic com- advance of British reinforcementa fe ob munication with Cabul ls cut off. The structed by the bill tribes.

The Puiane Judge said, as the matter struck him, subject to what Mr Dennys might have to say on the matter, Messrs Falconer & Co., if they were entitled to

London, Dec. 17.-The Emperor of Aus- dismiss Marks were entitled to retain outing with Germany was simply to secure the tria in a speech stated that the understand of the moneys of his they had in their maintenance of peace, hands the cost of his passage out; that

If they ware not entitled to dismiss him, he was, they having done so, entitled absolutely to that money and also to da mages, Be presumed the defendants agreed that if the verdict was for the plaintiff the damagen were not excessive.

Mr Hayllar said they would contend the damages claimed were excessive,

The Judge: Only $640.

器

account of an epidemio raging among cattle between Shanghai and Japan oa cattle in China. For the same cause the ding the landing in any part of the country Daijokwan has issued a notification forhid-

of entile imported from Shanghai.

arrangements for constructing a railway We learn from the Tokio papers that the

between the Urouchi coal mines and Ishigari river in Yezo are progressing, Mr Crawford, a civil engineer in the employ of the Kaitakusbi, will shortly leave Japan for America for the purpose of purchasing the necessary material for this, railway,

THE FIRE AT HAKODATE. (Japan Gazelle, Deo. 15.). Our telegraphio information is now sup plemented by mail news, The disastrous fire at Hakodate broke out on the 6th instant about 8.30 p.m., in the south-eastern part of the town. An easterly gale was blow- ing, causing the fire to extend with great rapidity towards the centre and principal house which escaped, and thence taking a business quarter, sweeping past the custom westerly and rising line above Ura-machi

burial grounds, at the same time that it mountain clear through to the sea, near the and Bonten-machi along the slope of the

under tho lass. clause, of his agreement. dators assures payment in full of all liabi, erbrace the northern side of the main street The report of the Glasgow Dank liqui-expanded from its original focus so as to ties.

as far back as the bridge (Ekoku-bashi) with the greater part of Daiku-machi and Kunishu-rauchi. It raged for about six hours. The nearest estimate that can be givon is that about half the town, say three thousand houses, was consumed. Besides three large temples and two foreign churches the Mitsui, the Forty-fourth, and Hokaido banks, the Mitsu Bishi, Koko-Sho, Hokaido- Shokai and Kogio-Shokwai, the Telegraph ard Post Offices, and most of the large stores and native mercantile establishments were destroyed.

Five

TELEGRAPHIC SUMMARY, (From Indian Papers.) London, Dec. 5.-Consols 978- per out. Rentes 116. Bar Silver 623. Paris Exchange on Loudon 25.25. Orient Bank Corporation Shares £24.

1 Bank Charts Chartered Mercantile Bank do £22 Hugkong & Shanghai Bank do £28

Loudon, Doo. 8.Obituary: The Duke of Portland,

do £23 10s,

one with the other, soffiolent to justify his clock which he had to strike every half dismissal ; and was his dismissal bona fide | hour. Marks had reported him for not made on that ground. The first point in striking that clock, but then it was not the contract was one of extreme importance going and so he had not struck It.. There in a watchmaker's business, that he were only Chinese on the same floor. should keep proper and respectable hours Mr Dennya: Did you ever see Mr Marka at night; not only was this necessary for drunk when he osmó home? the preservation of the respectability of the establishment, but it was made a part of the agreement, because the man who did not come home at proper koues was not fit for work next day "in watchmaking; that business was one which laid a great strain. on the nerves and the oyon; the work was one of such peculiar nicety that unless a man kept reasonable hours, he could not give his employers that fair amount and ilat greatest excellence of performance in the power of the worker which was their due, He had nothing to say against Mr Marke' work when he kept proper hours. But that had been Marks' great fault; he had kept very late hours and had by so doing unfitted himself time after time for ble work. Mr Rosa had been in the babit of William Boss: I have been manager constantly remonstrating with him. He for Messrs Falconer & Co. for over two sometimes found him asleep over bis work, yoars. When I became manager Marke and had very frequently to return his work was in the employ. I have spoken and to him to do over again, not on account of remonstrated with him about keeplag bla general Incompetence bat because late hours, continually during the last of his unfitness for his work through two years, once or twice a week. the bad hours he had been keeping. The moan late here both as to coming home Chinese watchman would tell them at what late at night and in turning up to his work hours he used to come home. When ro- late in the day. His coming in late to monstrated with he never denied it. Not work in the morning led me to do so. only was his babit of being out late at night When I spoke to him he said he would just lojurious to business in the way he had income and go an ho pleased. He used to dicatod, but it was subversive of all discl come to work very frequently between 8 pline in the establishment. If one with and 9 o'clock. Sometimes not till 10. I Impunity disturbed good order la the house, asked him what reason he had for doing so. what was there to prevent another from He said he had no particular reason. going on in the same way. Mr Ross, then asked him to read bis agreement. He Meairs Falconer Co.'s manager, behaved then said the agreement was no use as ho very kiudly to him sad remonstrated with had sigued it before he was 21. I have What Marks may often heard him come in in the morning as him, time out of time. have been doing out to all these hours of late as 2 o'nlock. Sometimes I have heard the night it was not for him to consider; him come in as late as 2 o'clock, I don't but the habit some way or other had mean that all the year through. Sometimes got such a hold of him that ho could not would only be two or three times a shake it off. Not only bad he failed to act month. He has been very careleas in his up to his contract by this careless work, work. I have very often found him asleep but he committed a breach of the 4th and had to wake him during working hours He was not wakeful. He was not fit for clause of the agreement by not observ. ing the proper hours of business. On his work, I have often had to give him this he had been remonstrated with his work back because it had been done so from beginning to end; things went from carelessly. I have frequently had to give bad to worse until July 2nd last, when he his work to another to do over again. On made his first appearance in the office at the 2nd July last he came to his work at 1.20 p.m.

Conduct like this threw the 20 minutes past one o'clock. That was his work on others; it was very wrong and was first appearance that day. I asked him altogether a sort of thing not to be endured. what he mesut by this conduct. What Mr Ross remonstrated with him every day. was his reason, I asked him, for not being From that time and this showed what was at his work. He sald ho did not feel passing in Mr Rose's mind-he began very well. I told him I found on deducting monthly from Marks' salary a enquiry that he had come home at half-past to go to make up the cost of his two o'clock in the morning. He could not passage home. The sum expended in expect to feel very well after that. He bringing him out was $399, and before that said I had nothing to do with that. He sum was accumulated he brought an action would come and go as he pleased. I said for $100. The right to detaia this money he could not do that and remain in the was not disputed, The only question employ. He said he would remain just as

the to

amonut. Now hlong as he pleased, when it suited him he came to the question of the Regatta. would go. When the Rogatta was coming When the training began Mr Marks on he put his name down as coxswain with- went to Mr Ross and asked permission to out asking whether he could get away, He take some part in that training; be asked then told me he would like to go away to be allowed to leave the store every day daily at four, I told him the proper course at 4 or a little after 4. Another assistant would have been to ask me before he put in the shop had already obtained such his name down. I told him he could not leave, and Marks was told the exigencles ba al owed off owing to his past misconduct. of the business would not allow of his going He did not go, so far as I am aware, for off too. Leave was refuzed. It was only some days. On the 12th, a watch on which right that young men should have every he had been engaged, was wanted. I did lbarty and license in such a matter at

not know whether it was ready to give out. this, but there were several things to con-

I looked for him in his room; he was not sider. Did his previous conduct prove there. I asked him when he once back why him deserving of the indulgence? Could be had abreuted himself. fle gaid he had he be spared from the business? Was it been to the boats. He made no apology or convenient when another assistant had excuse. That night I wrote the letter of already obtained leave? Marks was re- dismissal produced (Latter put in). fused this liberty and told he could not is a fact, as thoro stated, that he had been body else. I was about to say that Fal- had committed during his sorvice, öven il burg, bis Majesty hoped that Russia would lost their all in the fire are quite unable to.

It

Mum

W&S

AB

James Muirhead gave evidence as to Marks repairing a watch and a chain for two parties outside and several pieces of jewellery, In cross-examination he said, ho told Me Koos nothing about it vatil Marks reported the Chinese for doing jobs from outside,, and he then said to the Manager: "Marks did the same thing himself." At some of the pieces of jewellery he was working off and on for two or three days, one a seal for instance. He concealed them always when Mr Ross came towards the back-shop. Witness him- self, he admitted in cross-examination, bud had two or three watches returned to him to be corrected. It was not always easy to make the watch right at first,

What wa

If

chako has resumed the direction of Foreign

St. Petersburg, Dec. 8.-Prince Borte-

Affaire,

London. Dec. 8.-The Board of Trade returus. of exports for the past month amount to £ 7,062,600, showing an increase of £1,098-750 as compared with last year,

Mr Gladstone has arrived at Hawarden, after being everywhere most euthusiasti cally received on his tour,,

Lahore, Dec. 8.-Yaloob Khan arrived barracks guarded by one office and 90 mes. at Peshawar to-day and is quartered in The Safed-sung camp is remove to linda- muck, as medical authorities condemned it as too cold.

Sofia, Dec. 8.-A new Bulgarian Minis try has been formed.

The foreign losses aro as follow:-Ameri oan Methodist Episcopal Mission, (Rev. W. Constable. C. Davison).Church.

Office of Mr P. B. Anthony, H. B. M.

Acting C. S. Consul. Dwelling-house and Mr J. H. Dnús, Consul for Denmark and office.

Rev. W. Dening.-Dwelling-house and church.

Mr B. Eusden, H. B. M. Consul.-Dwell- ing-house.

Mesara, Howell & Co.-Dwelling-house, Miss M. A Priest.-School.

Mr C. Riddle, Agent M. B.. M. 8. 8. Co.- Dwelling-house.

Messrs. Seblater & Strandt.-House and butchery.

MrW. Wilcki.-Lodgings.

As temporary arrangements for the con-

while Mr Eusden has engaged quarters with sulates, Mr J. II. Daus hoists his dag on Messrs. Blakiston, Marr & Co.'s premises, Messrs. Thompson and Bewick.

been committed for trial. land agitator lately arrested at Dublin, has London, Dec, 9-Thomas Brennan, the

Bail accepted. has resigned owing to a determination oncourbed this time in unusual numbers,

Madrid, Dec. 9.-The Spanish Ministry

Plaster, or so called "fire-proof," godowns in Cuba. A new Ministry has been formed about sixty having burned or burst. abolish slavery and introduce other reforms

The Mitsui Bank is said to have lost by Senor Canovas del Castillo.

90,000 yen in satsu..

London, Dec. 10.-Lord Salisbury, in a speech at Watford yesterday, praised the conducted, a d especially referred to Gen mauner in which the fghan War bad been eral Roberts as "our great bero."

The Queon has received at Windsor the recipients of the Order of the Bath and has. decorated the officers sud mau distinguished in the Afghan and Zulu wars,

London, Dec. 10-A Company has bou formed to work the Wynand gold mines, with the capital of £100,00

The Times, in a leading article, announ cos that a reduction of 4,000 fu the British army is intended.

with

Produce in the shape of seaweed, fish- of rice, salt and other provisions. gun, salted salmon, &c., was consumed in large quantities, besides considerable stores

The loss of life is said to be twenty-five or thirty burned or smothered.

certained with sufficient certainty to warrant The origin of the fire has not been as-

a distinct assertion.

said to be two thousand three hundred

Note. Actual number of houses burned

The fire at Hakodate is a calamity more serious than is gonerally supposed. Winter has arrived, and some twelve thousand people are homeless, the majority having

Mr Hayllar would not press the point. Mr Deange in summing up for the plaintiff said no morak wrongdoing was ascribed to him. It was not contended. that he had not done his work well or that the firm had lost a pauny by his irregularities. It was said he was late in his hours, Marks was always lats in ble hours, but it never interfered with his work. a reasonable hour for some people was not reasonable for others. He left the point to the Jury whether the simple fact of his being late in going to bod justified his dismissal. All the assistants This was the case for the dof ndant In the store, it was proved, were late in L. Marke, plaintiff, called on his own going to bed. The real cause of Marks's behalf and sworn, stated: I have been 8 dismissal was Mr Ross's nanny auco at being years in the watchmaking business. I was summoned. No notice was ever intended apprenticed in 1871; I had been working to be taken of their assistant's shortcom for two years before 71in watchmaking.ings until he summoned than for this $100. Since then I have been employed in London There could be no wilful disobedience of and been engaged in business for myself in orders unless a distinct order were given to Portsmouth. I arrived here in September do or not to do a specific thing and that 1877; Mr Noble was then maunger. I had order was disobeyed. On this point au never any complaint from him as to my thorities were quoted. Such disobedience hours. I then came home at 11 or 12, there had not been in this case. rarely 12. I never had any houra laid bad only been a disobedience of a general There down to me by Mr Ross, Had any hour rule extending over a period of time. The been laid down I should have observed it. damages claimed, he submitted with confid I remember in July having some conversa-ouce, were reasonable. tion with Mir Ross as to coming down would have been claimed had plaintiff's A mach larger aum to business after tiffin, He said I had come circumstances allowed him to go to a home after 2 o'clock. I told him that bad Eigher Court. nothing whatever to do with my not being then, but did not feel well and went to well. I was up at 7 and ready to come down bed again. I have always been used to late hours. It never interfered with my work. I have done my work always as well as anybody in the store. I bave kept a record of what work I have done (produced). Had there been as many stoppages as Mr Ross says I could not have done so much work. They take more time than cleaning a watch. About 1st Dec., I asked Mr Rosa if daring the training I could leave at a quarter to 5. He said there was no reason why I abould leave at a quartor to 5 any more than any-

go.

He was a young man who bad been in repeatedly-warued. The only reply to that coner was going, when some customers came the habit of taking the bit between his Was the letter from Mr Deunys. About in and prevented further conversation. -teeth and he seemed to have done so on this this $860 detained from his salary, I began Nothing whatever was said about past occasion and defied orders; he deliberately to deduct the money before July. I de- misconduct making him refuse. On the and right in the face of the orders he had tained that money because of his general12th December I left shortly after . I received left the store at 4 o'clock and misbehaviour; late hours in coming in at was told that night I would hear from him went away to the boats go through his night; late la coming to work in the morn next morning. I then got the letter of practice with his oraw for the Regatta.ing and golog away whomever he liked in dismissal. I repaired a lady's watch and a That taken by itself is a slight thing, business hours. I have now detained in chain for friends. I used none of the shop but taken in connection with a long and all $318.59; his passage ocat $399.69, materials. The work did not take me ten deliberate course of wilful disobedience of (Voucher produced),

minutes, I charged nothing for them. I lawful orders was on offence of such a

had done work for a friend before in the him his dismissal. The learned Counsel

came up from Singapore in had broken quoted from Smith on the Law of Master

his watch and I repaired it.. I took it to and Servant to show that what was and

Mr Ross and asked what the charge would what was not lawful cause and excuse for

be. He aid we won't charge for that; dimmissal depended greatly upon the na-

that is friend pidgin."" 1 was never ture of the services and the terms of the good sense of the young men them threatened with disinissal for coming late Considering the circumstances of this Co-The Daily News publishes a telegram stat. magnitude is very great, and it is much to engagement, Referring to Mr Marks' selves. I attribute his caroleaners and

to work. Mr Ross has sometimes com- agreement he submitted that his conduct unfitness for bis work to his late plained of carelessness in my work. had justified his dismissal.

His wilful hours. I have returned work done by Cross-examined: I have been up two or disobedience of the date named was not others in the shop in the same way; but it three times a week as late as 8 o'clock. an isolated act, not a slight thing by itself is not a usual thing: I gave him back the Within the past six months say once a but was in consonance with a whole system watches because they wanted correcting. week. I have been remonstrated with per of conduct which was not a proper re

I believe his work was badly done because hapa half a dozen times altogether, He speciful faithful service; nothing could he was up late at night because I have been has never threatened me with dismissal for mora fully justify his dismissal than such up late at night myself and know that a

late hours at night. He only said he would conduct as he had been guilty of Great

man can't do his work properly next day. put a stop to it. I believed ho bad nothing dissatisfaction had been feit with Marks all I am not a teetotaller. I do not know that to do with the hours at which I went to along; the fact of the detention of the Mr Marks is. I have cause to complain of bad. No "reasonable hour" was ever fixed money showed that. It was not at all a his work, the character of it, but not of the under the agreement. Mr Noble was only pleasant thing, nor a profitable one either, to quantity, He has dona a fair share of the the store seven weeks after I arrived, dismiss a man that bad bean brought out work so far a quantity is concerned. He [ was a comparative stranger then, but had by the firms if he had behaved himself better said on the occasion I have referred to, some friends. For the last six months I there would never have been a word said, when he came in at one o'clock, that he had have been up to time in the morning.

to justify them in breaking their but the whole discipline of the place was at

not been very well. I do not know that Before that I was not frequently after the contract and getting rid of his at once aud stake and they had had to make an example there was a doctor attending bim. I know hour. I did not claim to have the right to altogether. The same questions arose re. of him. Mr Rons would speak to the he was attending the doctor. He was come to work at any hour I chose, that was garding his non-attendance at the proper metropolis of the probable release of Fajita With regard to the rumour in the continual remonstrances and the repeated always t'ere; an hour or two a day some only with regard to coming home at night.hur in the work-room in the morning. and his alleged accomplices, the acts of disobedience, especially those he had times. When be asked to be allowed to leave I asked permission to clean a clock belong they found the plaintiff was properly Shinbun thinks that if the rumour prives kebono mentioned. As to hacks taking work from early every day he said at 4 or soon after 4;ing to the doctor who was attending me. outside it was not a thing which would I be certainly did not say a quarter to 5. if Permission was given; the Chinese cleaned in point of law, to dissent from that the estimation of the peop. It argues P10M. ~New Patna, caah...$505

dismissed he would have no reason, correct the government will lose credit in finding. If on the other hand, they that as there is no law making individual found that bo Was improperly dis- members of the government responsible for missed he would have no great reason to their acts, it will be impossible to bring say that the finding was wrong. The ques-disgrace upon those who have managed tion was left to the good sense and the this Fujits business; but the result of this knowledge of business in the minds of the affair, if the prisoners are released, can jurors. The most glaring absence from only be that the people will lose all con- business was justified by illness; that did not seen to be disputed. Mr Falconer idence in the will and power of the gor- himself said they had suffered nothing

ernment to protect their interests and To the Court: During the first twelve

pecuniarly from his action, although they property. days of Decr, he came late to work two or

could quite understand that it would cause lecturers abroad for the purpose of The Hochi Shinbun's suggestion to send October the same. Since I spoke to him

and annoyance.onlightening the profound ignorance which in July he has behaved himself a little

oldental slípa or better. I had much more frequently to

premeditated bys on the imaginary gross tyrandy to which tema.lo aots defying those to whom be the Japanese nation is subjected by the return Mr Marks' work than anyone else's.

had pledged faithful servies} Wong Yoon, watchman in the employ of He had more careless work returned to

found for plaintiff, the damages claimed conditions of the existing treaties, is still

If they Meats Falconer and Co., for the last six him than all the other three put together;

inconvenience he would be put to. years or more, depoard that it was his duty we have three others. It was not bad work

were not excessive seeing what less and agitating the native press. The hoya Shinbun treats the suggestion as childish to sit up at night in the first floor and answer any call at the door. It had been his ang pecuniary loss through his misconduct. caled the idea that Marks could have recommended that under all the circum- public were not so honest and virtuous as

but ceralesa. The firm has not suffered Mr Hayllar in addressing the Jury ridi.sultation found for

The Jury after a couple of minutes' con lecturers would meet with but scant (Taken at Messrs Falconer & Oats Prèmisci and extremely absurd. It says that the

Temperature. babit to admit Marks at night. There was

the defendants but Mr Falconer, in the employ of Messrs mistaken or not have understood what Mr no certainty when he would come home,

sympathy, as they would find the European sometimes 3, 2 or 1 o'clock, more often 12 Falconer and Co, for the last five years or Ross meant when he said he would put an

stances of the case the money detained in Governor Hennessy and Mr Roed, which

Queen's Road.) FONGKONG, December 29, two or three times every month. Mr Bote lind seen and heard Marks coming in idea that he would have gone to Court to thought, had been partly to blame them the gentlemen reforred to, o'clock. He came home at 3, 2, or 1 o'clock more, gave general corroborative evidence, end to this, meaning the late hours. Any

the defendauts' bands be handed over to probably means that the lecturers would the plaintiff. The defendants, the Jury not find audiences so easily impressible as told him to make a report of Mr Marks pretty well at all the hours if the night, obtata ao injunction against his staying solves for his taisconduct, hours of coming home; he had not, how trom 10 p.m. till 7. He had heard the out at night was simply nonsense. He The Judge; I have no doubt that will he ever, made such report, Mr Ross asked Manager remonstrate over and over again. said no hours had been fixed; had any done, on your recommendation. him about Marks hours in June or fuly Marks sometimes answered civilly, but him fixed he would have subscribed to last he said something to bini then, but did fly gave rather cheeky answers. Mr them. That was completely answered by ask for costs, My Lord.

Mr Hayllar: Certainly. And I will not told him to keep better hours at not know then anything about what was tonight. He came frequently to work at 8, fairly that he fixed no hard and fast line, the defendant's evidence. "He said very happen today,

The Judge: Thank you, Mr Hayllar. I Gromeexamined, witness said he had a 8.80 or Qo'look. The manager zamon, but left it to the good ease of the young do with regard to that,

was just considering what I would have to

nature as entitled his employers to give before. So far an 1 know there were no firm's hours. The Oaptain of the steamer I was a mischievious breach of his agreement prisoner, has been appointed Governor of though, according to the average value of

In summing up, Bla Honour asid Mesara taining the amount of money they had in Falconer & Co. did not do wrong in do- hand; they were justified in detaining as much money to pay his passage home as it had cost them to bring him out. He was not bound to go back to England. Had he served out his time or had he been wrongly dismissed he was entitled to the money. If they had warned him and this set of disobedience arose afterward they were not bound-to-stand-by-it-only, al- though it was the only reason given in the letter for the dismissal; they were entitled to plead here every act of misconduct he

In a speech by the Czar at St. Poters they were not aware of it at the time. they had dismissed him immediately on it

develope her rusurces in paths of peace. coming to their ears that he had been doing

do anything for themselves. The govern Alexandria Dec. 11-A letter from ment with a promptitude that always dis-- been quite justified; but they had condoned expresses his readiness for peace work fur people outside they would have King John of Abyssinia to the Khedive tinguishes them in such cases and does them" that, passed it over with a warning; it was Egypt, if the Great Powers will recognise supply the immediate wants of the sufferers, much credit, have already taken steps to many months since and be had done nothing the conditions thereof. An Egyptian bat and clothing, food, and other useful sup- of the kind since. He told them it was talion has been ordered to proceed to plics were distributed by the Kaitakushi a common practice at home and this was

Maasowah.

as soon as possible after the fire, which have not denied. lio (the Judge) recom- mended the Jury to put that matter en city will be probably fifty lace,-£500,0 0. minister.

Kut ra, Dec. 31-The fine upon Kabal forwarded from here by order of the home since been augmented by large additions tirely out of their minds now. Although it Kashim Khas, the son of Dehra, who is a and a very ng thing to do, it was passed Turkistan, Gholam Hyder, the nominal such buildings as set out by Mr Mayet in Any estimate of the loss is impossible, over and ought not to be brought forward Governor, having ignored our overtures. now. He considered at length the evidence

his sebeme for compulsory fire insurance, as to Marka's late hours, and bis non-at- London, Dec. 12-The officers distin- two thousand three bundred houses are not tendance at the proper hour in the morning.quished for their services is the Zulu cau- worth more than about eighty thousand yen. paign dined with the Queen yesterday.

The distress which follows a fire of this lony, the nature of his employment, and the appearance in his agreement of that clauseing that the rokke Turcomans have made be regretted that more attention is not givea about proper and respectable hours, were publiales a telegram from Kabul giving spread of a fire. If a strong gale is blowing a raid close in to Tchikislar. The Times to some system for the prevention of the the hours he was proved to have kept, and admitted keeping, such as entitled the firm opinions at army head quarters re- when a fire commences there is absolutely to dismiss him; that was

specting the afgban settlement and urges no possibility of staying the progress of the questions for the J. ry, Had they been so

one of the adherence to the Treaty of Caudamuck Rames, and a whole town may be destroyed habitually improper and unreasonable

and the evacuation of territory white safe in a few hours, the houses being light tours that the firm could not fairly be ex mande the reat which is urgently necessary. form, so-fur as a fire is concerned, only one and honourable. England, it adds, d-wooden erections so closely connoted as to pected to retain him in their employ? Did they so strike at the root of the relation- ship between employer and employed as

building. If open spaces dividing a town or village into divisions, or blocks, were com to leave no reasonable possibility of the people keeping him on any longer under

pulsory, the damage from any one fire could not be so extensive as it now is; and such: Buch circumstances. Had his misconduct

objections as would hold good in busy cities been as babitually injurious to their inte- rests

where land is of great value and time of much importance, do not apply to the greater number of Japanese towns, some of which. deep on either side of the road. are two miles in length and only one house

Cross-examined: Mr Noble was manager

printed rules as to hours at which the different people were to be in at night. I have laid down no particular hours as to when all belonging to the establishment bave to be home, I left it to the

have been taken particular notice of stand. said ** We can't all go boating," and told ing alque, but it was conduct he must have him Mr Falconer was going. I told him known to be very wrong; It was inconsiat- that owing to his past misconduct he could ent with the proper conduct of business; not be allowed to go. I did not consent the example was bad; he had to work in later.. I told him distinelly' that he could the hours he agreed to for Mesars Falconer not go and told him the reason, I did not Co. and nobody else; it was not forbid him to be coxswain. I did not tell the faithful service the agreement spoke him to take his name off. I told him he of. It was one of the things of had no right to put his name down without which the defendants had to complain, asking leave. The main poiute he would ask them to allude to, however, were his failure to keep

without

it. Mr Ross said some time afterwards that I told him it was my own clock. That is not so. Since I was told it was wrong, I bave done nothing of the kind,

business.

To the Court: During the time when I was going out I was clock-winding, and may have been out often and yet on office To the Jury, who wished to know what he had to say about being found asleep at his work, he said:-That was when 1 lint came to Hongkong; Mr Baird worked into the habit through him. When be died I gave it up. (Laughter.)

great inconvenience

London, Dea 13.-The Daily News pub lishes a telegram stating that a leal of serious hṭing has taken place at Kabul

Japan. (Gazette.)

respectable and proper hours at night and three times; November, half a dozen times. beside me and he used to go to sleep; I got were the acts of disobedience proved ac-it prosumes prevails in Europe and Amerios

his disregard of the regulate i hours for work.

The following evidence was then called.

Mr Rom, in reply to a question from the Court: I have found him asleep often within the last six months. I have found him asleep within the past two month,

that is, since our new workman osme.

the judge of the Ossks Saibansho, Mr A paper published in Osaka saya that Eukude, has been arrested for receiving bribes.

The Mitsu Bishi Mall-Steam Ship Com- pay have been probibited by the govern ment from carrying in their vessely any

Quotations.

Eonaxona, December 20,

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