1889-07-10 — Page 3

No. 869-JULY 10,, 1889.)

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His Lordship-Yes, in regard to any question of fact

Bis Lordship What particular forte do you wish to bring out. Mr Attorney?

The Attorney General-I am going into the defendant's character generally.

Bis Lordship-So far na his statements in the box are material, you are at liberty to show that he is not a erodible critneas, with the object of ahtaking his testiarny, therefore I should like to know what facte you wish to bring out,

The Attorney General-There is one fact I wish to bring out, but before I go any further I think the witness should be asked to withdraw

His Lordships Why?

THE CHINA MAIL.

The Attorney General-At what date do you my this alleged sing was formed? Witness--I cannot tell exactly the data early in February.

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fulfl my contracta. I know that the seller My original arrangement was for 6th wish to expose my hand to all the brokers cation Now I subraft without the lost is the position of Mr Rus onjes, I whether the treaction on one side or the Juf shares which had been partipularly out- Was My Layton I tried before I raid that April, and I made them alter the note in the place. I trust d those brokers to hestation, and I look to you addently fur think you will have sen pretty clearly other was a highly oral one; but whether mented on by Mr Polcok-50 shares on prise to get shares elsewhere, but could not accordingly. Fifty of the 410 shares were act ke me, and that in the reason I only avardict on it, the fact that there his bear bat, to spite of the deliberate at i was Fuch as the law allowed. The plaintif the 16th Feb, at $190 bought by Mr H. N. combination no matter by what name se compta mada through Mr. Dumbe and in Mr. Fotta, and Mesita R. Showan, W. She Mody and the sale at 8210 for sah, Mr get them at a lens price; besegas thus for delivery on the 13th April

went to the two brokers, They would

call it between certain persons of whom bir oras-examination to throw dirt on Dr wan, Duer, Watson and Grumble were flock was quite correol in saying that Deze to be had. I fnquired of different By the Acting Attorney General I am go out and enquire of others

The Atorney General You said the Shewan, Mr W. Sbuwan, Mr Duer, Mr. Rustomjee, there is nothing in his transgallina may connected with these tensacionin had not been imposeted brokers, I had been looking for shoves onware that I am charging fraud and con- the market upwards of a month. Fould calment against the plaintiff. I have only place you cold get shares from was four, Mr Watan, and Mr. Grimble were dous from beginning to end is innection business of the Rape Co. Mr Grimble of a must remember that on the not get any because they were not to be made a great deal of money in shares, here, Russell & Co. In that basmay or actual mentors, for the purpose of cornering the with these Ropes that reflects the least is matter of fact was not at the in the timom principle of one or two awallows not roseket in these Bop shures; for the pur credit or throws any doubt on any atate-play of the general managers, but bo bád making a summer, one ur two males gut. The broker whom I gave orders to be a great deal of money in shares, hers, Russo cold get shares from was Blouse, Mr Watan

but I have lost, too. I ans very well off knowledge! the only place I could get them and well able to most any claims brought Witness To a certain extent actual poses we alloger of taking advantage of their ment he has made ile telle you what hoen an employe, and they had it on do not make a market. It was for the Man from Russell's puppie! I applied to against me. I am a native of Borhay, knowledge. These brokers repotted to rat special knowledge art boying up these shares he was possessed of, and that he had Shawan's evidence that he was very often in jury to say whether there was a real brokers which place I left when seven or eight that there were no share in the market shares as quickly as they cald, and take been hoying them up through Me Dauby the ulice, as that having been formerly anarkiet which could regulate the purchase. the operators through me to against me. I am a native brought WitnesTo a

advantage of may unfortunate person who he thought they were selling under their employe and being unflyasociated Then there were the stansactions close I am not a share broker mysulf. years ud, and we to Calout. I decline except. Rumell's.

The Attorney General Your only know. may have sold chors and, squee him value un account of the increase in the ith the others, there was perhaps no dispon the seitling day for Mergh. He did I am a dealer, in shires but don't acts to say whether I urried there, I did.

I made my applicating in the early marry thors. I left Caloutts in 1863, when ledge was through these brokers. You to the greatest possible extent in their value of the Company's land and so on. etion between him and then a far as not think, however, that these had prest part of Feb. to Baasil'e people for shares. I was 17 or 18 years old, and caras to also said you made an application to power, I don't think I need trouble you In January he was an quie ly and as knowledge of the busness was concerned. value. It was know that there were short Phore was a difficulty even then in getting Hong-Of

in

Russell's, but you mado un personal applig going over at Any length the avide de gradually selling them out, and this seling As to the special knowledge which the sallers, and he thunght it was satisfactorily Hi Lordship Of couras, Mr Attorney, cation; Mr Ray told us of the only applics given to show that I shall only read a of his was doing nothing to lower the mar plaintiff was said tu posarse, there was thrived that it was very difficult to gat shares in the open mutkut. Mr Ray was

word at two from Mr Shawan's own vid kut, for he was getting better and better rosion at all why he shoud not know all shards. Those prices were given by people the gentleman whom I authorised to apply I uma that these questions are tion that was made? y

Witness There were others afterwardsense which although taken by as was put prices for the osch time he sld. He was he did in a perfectly legitim to was. The under pressure who had a difficulty in car

parfeld for ine. The shares were all out of the dirrated to show the credibility of the wit market about the estly port of Feb. In nets, and you will of course bear in mind through Meata Benjamin and Danby, Rin by my friend, to show how he looked not bearing the stock. At the end of Company and improved its position cun tying out their engagements. They might

eunying apn the caso. In the first place he tells January he had aid out either for cath or siderably during the year, and its prosperity uut posaran a proper standard of market

the year, the account produced showing 100 shares at not to go into anything that has no bearing A. Gut-bay, &c.

The Attorney General-Did you have us that he himself has written met of the on time all his own holdings sind sours 325 was increasing before the report was prio. It might be slightly in advance of

prosperiou. $120 the actual price is correctly stated. on the case. I never heard of the alleged purchase at

The Attorney General-I think I am on any actual knowledge that they went except lettem connected with the business of the sharus mors. I don't think any one cousipulished. It had unde purchases of the real value; but it should not be unt at Hape Co, so that he too like Mr Potta had during the man syd his knowledge of the hemp very cheap and the price of the pf portion to the real valge of the aliare, highor figures to settle my lean till grater titled, my Lord, to show the charseter of the through what they told you!

Witness No

very abundant sourcus of information Fished. very abundant sources of information. We market will say he was selling short to any sticks had risen considerably. He di Then there was the subsequent saler, and diy. Mr Danby is wrong in mying hoidman who brings those charges of frand and

being short to any ticks had risen considerab find that on the 1st of Jan. how in pos- tremendous extant because he was 325 short not think they would have any doubt these were perhaps commented with similar not charge me brokerage: 1 produce the concement

sesiunufot 200 shares and had contracte at the price they were seling at any time that Mr Shewan, from the knowledg

ang 1 that Mr Shewan, from the knowledge arrangements. Alr Sheman-contracted to account in which it is charged at $10. 1

in advance for more, and we and that he and in the month of January. His Lordship his obtain on camat of his consell to the agent of the defenú no 400 at paid that sunt in settlement of the account.

Mr Grimble and the other poplo pur, stopped an attempt to bring Mr Runuajeegation with the busness come to the 81 5, but the defendant would task-com- The first indicati n I had of the existence Mr Francia-Might I also call your Lord.

The Attorney General What do you chaad in the month of January alone some into discredit by inquiries into bi prital conclusion in January that it would be plete the purchase. The other purchases of a comer in Roper was about the early pa ship's attention to the fact that if there is

thing over 11th Poplo pur thing over 110 shares. You wi remember life and character, and an atleapt that was very good thing to buy shares as they were were made by people under similar diffi- of Feb. All the sales I made in January any proof of fraud and concealment, any mean by early

Winess-Not the latter part of the that on the 12th of February, when he went deliberately made in Mr Danby's evidence pertain to cine, and then was no resen why culties. In onclusion. His Lordıbıp said were bona fide. I was not working with proof of conspiracy, it has not been given

to the Chartered Bank for the purpose of I think you will any recoiled on the head he should not do so. It was not perhaps the first question the jury had to dear, any ring or corner on the ina kot. When I by Mr Enstomjee himself. He has nut month

The Attorney General Was it within gutting an advanco, he represented himself of the author of it. I did not attempt o là very high morality to take advantage mine was whether the contract was valid, entered into the contract for which I am given ons word of evidence in support of

I uld E no sued I anticipated no diffonly in the existence of any ring a confederncy, the first fortnight or the second fortnight? as in possession of or having control over interpose on either occasion because I was aquial know-dgait that sort way, but id unless they found slist Chure was Wines cannot say. It was within from 2000 to 2000 shares which he could determined to let everything come out wil he was not the question. His Lrdship mspiracy prior to or on the lik gotting the shares at reasonable prices. Ive question having been asked him on that

bring in there and deposit, as security for let every single questi in they liked us rains did that think it mattered at all in this case January, which in his mind would be had no suspicion of a ring or corner at that poin. I would a's call your Lordship's that month.

The Attorney General-Whore did you the advance. You will also remember that be in sigte, There is a point in Mix how the plaintif required his information, absurd, there was a valid contract. Thou

ral-Where did you Potts in his evil that Mr Show's ou

You will also security for lot every single questi in heat al time. Mr Potts gave me no information attention to the fact that you have a very

Mr Potts in his evidence stated that he Danby a evidence regarding these 200lares 1 f all even there was nothing there was the question of combination, about the existence of a ring when the wide discretion in preventing the putting of got your information from?

Witnes-From the hy kors. Mesra never heard or dreamt that Mr Shewan which he said he purassed against bi Enervent his taking advantage of it and unless it was a comination for the contract was mails. On 31st March, no questions of a class having a tendency solely

Benjamin & Co. told me Kussell & Co. had ever pussested or controlled 1000 shares, tomjee's lou A humired of these shares Air Potts on the 1th Jan, wanted shares purpose of diceotly feating the party to far as money was concerned I was in At anney.

although 2000 was the lowest figure men were purchased from Mr Patta at $15.mid he told yo himself that he know at the contract, the plaintiff was entitled to position to pay these losses if I thought

all the shares.

The Atorney General - Did you got any that when Mr Paats was with Mr Sheson Mr Pots had been interested about that time Mr Rustomjee, had got shares the dif-rence between the price he bought fit without borrowing. On 2nd of April

wer Mr Rastogie is and they could prove the in the Bank. Now we have it from Mr his share transactions, and in his a ver Ar Rastogie inpselt admitted that hest and the Falue of the shares on the Slet names? I entered into a contract for the purchas

Wiruses-I was hold that Messrs Potts Shevan; what Mr Potts entirely denica, there was nu tention of this hundred was very large holder in shares. He had March. If it was an atticle in the af 400 shares at 3168; that was with the object of completing these con

and Shewan had combined with the com- that there were joint traumotietis between aliares Now as the merits of Its cars de-sold a large quantity and the plaintiff had market, and they could prove the slate them in Jau; and Fab. We have it very dia punded on the satxblishing of bons by every teason in belive that he could carry of the market, that would be the best

font traumotions between shares mention this hand Ar Rasungi inselt, et ut shares the difference betw tracts. The reason why I did not carry

pradore.

The Attorney General-You have not tinctly that Mr Shewan had a just account sales at high market rates one would think at these contracts. The next qusetur ir indication of the value, and in that out that intention was that although I told

with Mr Potts and that Mr Daer came to he would not have forgotten to put in whether there was a combination or coufu-case, if it is a fair and apon my broker not to buy from the ring and he

charged the compratore.

Wine-I had no actual proof of that. their financial assistance and deposited his that sale. Finding that his very brief deracy to hold the shares si as to create tarket the buyer was entitied to the difer asured as they were not coming from the

sharda with him and luft him to curand memory bad led him into a mistake he fictitious value. That might not affect ence between the court and the market ring, I found that was precisely where they

The Attorney General-It has been ang shares with him and left him to comminand gented that Mr Grimble gave you some of them. I don't think I need trouble you amended in sewer, but this hundred the validity of the contract, but it price. If the article was not really on the were coming from. Another thing was. that I was told by Mr Gahbay tust if I

information. Did he give it to you per with any further extracts boonuse I think it shares at 9185 again escaped his minory. would affout the asimats of damagus market, but only put there for the express

At $185 again des Value. must be pretty clear to you, whether it was And then he tells us in the witness.box IF the plaintiff combined with others purpose of giving a valus, you must selimate waited I should be able to av 850.000, na

sonally!

_Witness_No__L_gotit_through Mr Gub formally reduced to writing or not, ur even that he had utterly forgotten alt aux itmise the price to a point which did not real value. It has been suggested, if you either the ring would break or anisthing

talked over to writing or not, it was And then in excaped his led the rali That talked over, that there was a thorough un- and would never have remembered it if Mijf represent the market value of the shares come to the conclusion that there was no else would be done to my advantage. The

The Attorney General-How did you derstanding between Mr Shown and The Attorney GeneralBecause there is

Danty had not reminded him of it on the the he could not cunse and quote a price market value you ou, laking she dividend

coulis brokers who did this business for me were

umber of other young men that these previous Saturday. After dealing at me that he and his friends brought into the into account determine the intrittic value Joseph and Fredericks, Mr Jesuph told an argument guing on as to the nature of know he got it from Mr Orimble

Witnees - Because immediately after whates should be bought and hid until a length wi is Mr Denby's evidence and the market as a legal standard for the susres of the property. There w snoɖoubt that the back on the the evidence I am going to try and get me that Mr Grimble had gone back on the the evidence

ane, speaking to Mr Grimble ho came to me; fixed date and not sold auder a fixed price, delinge in shres by Mr Pots and other had been much discussed whether cum report in March was a good one, and it is ring and was cornered himself. Buid from tim

His Lordship. You may go into facts to know also there was a disagreement betwroon and there can be no doubt whatever that Mr Francis proceeded: There is one of her bination was itself legal or not. He did obvions that between the beginning of Feb, me the shares were to be grit from Bir Bilas

be Mr

by the 18th February they had in their hands thing to which I wish to call your attention, not know if it was necessary for the pur and the date I suggested huren wore ho of Sassoon and Ou, Mr Jmepla opened thaw that ho ja nut a credible withees. Mr Shewan and Mr Grible.

The Attorney General You put two and nearly every available ahire in the shiny and I think it will enable you to judge pretty spons of the case to go ith this. It was the market. Between the two datus the negotiation for the purchase of these 400 bare no wish to stop you in doing so; but

order to establish the exis-repors came out. You may take int» can- shares. He came to me and said he cold you know a Court of Justion is always two together and jumped in the conclusion. The first question you have to consider in well as to the plaintiff's conduct and chat Ros necessary

Witnees-Another circumstance I was whether this confederacy existed, and who noter and his memory. Why did he go to tence of confederacy to have any formaal sideration what has been suggested by Mr satisfy all the claims against ma and got anxious that matters should not be dis-

falence

fat Francis, he

namely that the profits, realiad me all the shares I wanted, outside the ring closed that are not necessary. If you told that by loosening one screw you could ther Mr Potts was a member of it, and ke Me Tomes sud tell him a deliberate false recognition, nud, a wine or almost. Francis,

next important question is whon d'd it be hond Mr Tonisa told him or gave him to gusture might mean a great deal. by them during 1858 were from the nature

1 He said it would be best for me to purchase think your questions at all necesary I pull the whole ring to pieces. the lot of 400 which he had from Me Silas Jabould not think of stopping you for a The Attorney General Who told you gin. The case is of auch a character that understand that he would not sell him The people who made such cubinations of the transactions of a soziswhat taman

thant

it is not possible for as burg direct ovi- shares for his own account, and he deliber were not in the habit of making forrnal potary character. In estimating the da

us tugt direct ouderstand that him or gave him te re gnition,ay to have any At first he said the price was 8176 and the ment

us to get Witness-I was put on oath not to cam-dence of those things except from the pro-ately deceived Mr Tomes and gave him to agreements. It was for the jury to say, mage they had to rerumber the dividend. was brought down to $166, The bought Witness continuing-I am not a jobber.

things except from the pro-ately decision account, and he delibere people who made such a deal. by them during 1858 and sold notes were simply signed by the

I deal is shares, but I am not a jobber muzicato.

ple themselves. Whatever arrangements understand that they were not or luuself. Laking all the circumstances of the case, which had adorned in the meantime, 1% The Attorney General-But you must.

were funde were not made in the presence of that he wanted them for somebody else. It whether the plaintiff was carabined with on 50 shares or 2300. If the contract price brokers for the concerned. It was a day or (Laughter) I have guten account book here

Witness It was Mr Gubbay of Messrs witnesses who can come and tell us about it was true in one souse, he was not purothers for the purpose suggested in this was 94 and if they thought the reál válne two after that I found the seller was Mr which shows any transactions up to

Cohen and Gubbay

o, it was dono quietly, by word here chusing them for himself but for the ring. There was one date that would. Ez vas over 94, they must give the difference, Sheven. Mr Joseph care to my office March from October last year.

bbay. either on the lat or 2nd and wanted $8,401, contains memerands of probases and sales. The Alcarney General-That is the basis and a hint there. We were compelled to and that they were not merely confederates itself in the minds of the Jury-the 2th plus the dividend.

all the vary peuple who of all others but partners and the plunder low bu

euple who of all others but partners and the plunder whatever it Feb. It was on or about that date that the Tau jury then retired and were absent te a as he was pressed fe canh. He said he My dealings as a speculator are uut all un of your whole charge?

come to be settled between extraordinary and in the market or what was about a quarter of an hour was helping Mr Shewan in carrying his my own scoont. My transactions in Ropo Witness-There are her reason besides, were mostly interested in denying this will probably come to be settled between extraordinary and in the marke

put of this charge them.

On their return, Mr Levy said the jury. The Attorney General-Yountered into existence of it, in getting out of this charge them. Now, gentlemen, I do hope that cilled the market value of the shares took shares for him I said. I thought the Bhs ca commanes in this book in Uctuber. shares cate from Mr Filas. He asid It commences/in August for feiber The contract with Messrs Joseph and Fre-s far as they possibly nab--Mr. Shawan, quite apart from any peranual fouling you pisce. I do not wish to limit you to that were not ananimekis: They were

of on

was heater then that they came from Me Shewan. teatry is a purchase of 25 Ropes from dericks for 400 shares and you alloge that the leader of the whole thing and bir Fults, may have in the tatter either on onside or date. There may be sutug testsections in The finding of the majorit

1. We hold the contract valid, as there I then told him I should not complete the Mr-Petie at 881. I have only been asked you gave positive instructions not to buy the param implicated in this transaction. the other, you look them this simply as a the 10 h or 1th which hai considerable contract. The circular pets proluced was to bring boks relating to share transactions from the alleged ring. Messrs Joseph and You know what their knowledge was us to question between A. and B, two imper: valu. It was not necessary that he should was no evidence of combination on the 16th

Joseph and para impline thing and wait, quite a gentle to be wattled bet it Fub, the minds of date that would he was 94 or 2300 sent to the plaintiff by mo on 29th March from at Jurinary The ook I produce Fredericks brought you a contract nute. the prospects of the company and you know tonalitina. Deal with it was serious ques- go over the quotations ariasim. They had January, the date of said ountries

19. We hold that at same time after coutains all the transactions I have had Did you ask them from whom they had what their holdings were at the time they tion which in the result will affect not the statement of Mr Young, which, ke

began to purchase. You have their own werely the parties in this case, but is likely thought, was fair and generally borne out, this date there was a combination to raisa Mir Francis read the circular, which fa us in Ropes either for myself or others, bought

The book is written up daily from

Witness-They hold me they had bought admissions, and, mind, out of their own to affect the commercial future of ang. His Lrdship then quoted several transze to a fictitious value the price of Bope ahiran

fuince follo

mutha wa admissions go a very long way,kong itself, and possibly the future actions tions rationed by Mr Young to show of which the plaintiff was a partner memos in pencil. The entries are marts from Mr Silan.

The Attorney General-Was his name on because they are doing all they pasthly and dealings of every one of you The that up to the 1th February the shares *3. It is our option that had the infu. DEAM SIE The Undersigned, being every day. I tear up the rough notes

can to rid themselves of this charge. damages you give, if it is left to you to had risen enatinuously 108, 04, 106, 107, once of this combination not been brought, aware that his transactions in the Rope from which the book is made up. I hecine the tinte? here in 1875. suficient,

Witness-No. They told me the shares And yet they are bound to a mit a deal with the quest co, will decide the 108, 110. Ou the 11th thero were sales at to beur upon the market, the market prios Company's shares interest many people, bankrupt hure in 1875. I did not to up desires to make the following sententially haka in the are of my bankruptcy came from Mir Silks, and that was great many things which carry the case queria probably for pure to one 125 and on the 18th at $150. During Ja would it have advanced beyond $10 per

question be strongly against themselves. Mr. Potte whether these swindling ring traumation uary the shares varied, according to My share cum dividend. The diflarusice be

transactionuary Mr

the beet prios -He is aware from evidence in his posses.I don't believe the Chief Jus ice erar made sufficient. sion of the existence of Ball' ring in any such remark shout me in Court as 'it The Attorney General-On the 29th has admitted that as far back as October ass to go on or not, whether spe- Potts owa statement, from 90 to 100tween the and the contract price we award

His Lordship then referred to the share to the plaintiff, slabunting to $300 tuar ap March. I understand you banght 17 shares last he knew the bieli Ropat, which has successfully combined is an outrageous thing for a man to tear up March. I understand you banght 17hshares last he knew the shares of the Company culation in lures is to be cued

His Lardship-In connection with the and worked to corner the market, hus kia pouks when he was about to go into at 2180 ez div.gfrom Mera Bongmin and were going to ries, and he knew prosty in this colony to something like legitimente list of Mesars Stokes, and Yous ich be procured bogus quotatione, and will probankruptcy. I don't remember his Lord Daub. Where did they come from? procured bogus quotatione, and will playing that. I remember the bank-

Tell me the purchases of hemp and as it has done for the last twelve me nths in there was no real market for those shares. as a combination, I pr sume you mean well on what these anticipations were units or whether it is to go rampung red aid proved that after the 12th February send section of your finding that thưro

david wi for the last twelve had 1 precluded the plainti Witner Me Loyen. bably sgai endeavour to do mn.

bad. He saw WART The Attorney General-Well, that is a the prices of the output of rope, ated if the mjiny of the credit o the culty and Mr Young &ld their there was a tomind that it was not such a combination as Ring rucneeded some time ago in getting raptey proceedings; I don't remember there a quotation at 8200 per share, which was was a great deal of tal. about my books. buna fide market rate. You do not say it is would not take him 10 iniuates to calculate to the injury of fair, honest trude. Some rate, but that must be painly guessed, sud precluded the plaintiff from recovering

the probate profite. Yen find him, not a thing like 25 millions of dollars are outr immediately followed by sales for cash at The Court at this stage adjourned for not

thing like 25 milions of dollars are but now was only a guide in en far it showed wat nothing directed against the defendant to hin, not in from legitimate must bear

as her Witness-I know that Me Danby told gatheran of fortune with a lot of money in this colony on shares that amount of was going on in the market. Then they preclude him from carying out, İsia con-

a in-r 3120 per aliare; whilst again, without any tiffin. change in the situation of the Company, or

me tank Mr Layton had shares in the early to dispose of, but a clerk on a salary of por money is withdrawn from legitimate must bear in mind what to k plce in Bir tent.

The Attorney General asked for costs, Any reason whatever (except the existence- Cros-Examination of the Defendant re- part of March and that he was waiting to buys a couple of hundred dollars a ton his trade in tie place. Companies are in Whitehead's office, after the paroisse of

see the i-sus of this transaction.

Testing extensively in Ropeshates in the end creating day by day, and of what do 40 shares be Mr Petre frise. As

Mr Francis vid that duets were at the and extortionate desi, ns of tho Rig'), a sumed:-

Mr Patte and Mr Shuwan aid in effect daeration of His Lordiaip, and submitted The Attorney General-Is it not a fact of December; you and hijable for scription many of the are, you all Me Potts and Mir Shutan Bid The Attorney General-How long have qoutation has been obtained at $200.

the middle of know Brokers are increasing, what apecusar it was not a joint demand. Mr White, that they should not be given to the plain- There being, however, a limit to sabais you been--I will not say a jobber that the contract between you and Mirim 810 to 52 shares perfire the middle of know Brahera are increasing, share apecusar is

Danky on the 5th March won nindo out for February; you find him steadily bush glators are in crossing every petry clerk and head unlerated it to be a joint demand, sibu to extortion, the Undersigned bas speculater? resolved to resist and expose the Bing

8120 simply and parely because you could although the shares increased in price from every little oficial in the place has his share and he thought they would,"

taking the specalations and his broker. Was of wes not circumstances into aideration, bu inclia Being anxious, however, that it should not The Attorney General-On the stock oz- | not pay 1

day to day. He kneed in pries from every little oficial every potty clerk and it was not a joint demand. day to day. He knew the others were speculations and bis hruber. Was or what circ

Mr Whitehead right when he sail he was to accept Me Waitala vrai Witness -I deny that totally, be supposed that he resists the fraud at

buying vary day and held extensively Mr Whitehead right when he sail he was Witness-For the last 10 years. tempted mately because the market may

The Attorney General What made Me during January. Three-farths of the pur disgusted and ashamed that we clerks in was inggested that this font application templed metely

hould not

ontemp raneous of mediately s The Attorney General You said you Danby give you the nuts? He would get chases made in January were made by an office here should come and aek for an was con have gone against him, the Dudersigned

the gentlemen, Can you have any lance of vently or eighty thousadaque to a greatest between Mr Perry plainulf ought to bava ciata. The de- announces to all whom it may concern, had been speculating for ab pears. What no baueft

Witness This transaction was not dis reutile doubt that they tre si dollars from a bank on shares of the Rope and Mr Shewan. They must member, fondant had an de an offer of 20, and the that aaming a price far in excess of the do prica

you cat? meal value of the shares, and also in excees Witness 1 speculated in opium before puted until later, when Mr Danby working together with common kuow Out any, of whose intrinsic value you are however, that Mr Fesos in opening his pla auffe retusal of that offer eumed to al the last bond fde transstions, (contracts I prolated in shares.

turvedi xoand and said so. I could pay. I wedge, comican intent and for a common beat shie to judge. Seriously, the ques- ease said that in the absence of Mr Perry have in great mesoups caused these prost bad 235,000 or $40,000 in my hands at the parpone at that time, with the deliberata tin has other beating than the it was only fair that they should assume ceedings, Ma ca Battlement.

bjot of keeping in their jei at the test of the par ses before you. I don't that the agreement was not carried into.

jau The Attorney General Did you not available shares in the market and raising put before you these considerations effec. Mr Francis said he would call hire, 1 make use of that debit note to show what the price to an excessive gure? If you with a view to influense you one way but had not duun si

Bra Boyle Roche once observed in reler, the market rate was i

Mr Francis--May I interup Yorence to several persons all relaunt to esch come to that soucing and in thor another, except to tande all personal Witness-I showed it in the market.

feeling and deal with the question as a Lordship? The fact of this ego at other, but who happened to have, no de plaintiff was a member of such a ring as feeling

a

*gmentendants, I The Attorney General-Yon deny that that when the contract was entered into grave and scrious one and not farrely as being made with Mr Perry a

Taadaitted scendants, that it seemed to be hereditary you borrowed these 200 sharça 1.

think his Lordship will dieet you that that affecting the interests of Messrs Potte and hy Showan in his evidence.

in their family to have no children.yuts Fitues-I borrowed in January at Di or contract caput stand. It will also he a Rustomjes. You may not be inclined to

-

His Irdship reford to the evidence

Scor's Emulsion of Pare Cod Liver Oil 95 I have been taking

195 ng a great interest in question whether, if he was at that time a give Mr Rastonjes a victory or allow him and said that

agreument was not a wib Hypophosphites, is a coubination of Ropes for a year past. It never struck me metaber of that ring, he had any bona fida ta sacape from the bargain he had, but the knowled go to certain what hemp was doing

tment of carrying out that damages you give will have a far great-of to have been made till the and two most valuable remedies, in a palatabie intention as that mennent

Latch He maintained, with all respect and easily digested form, baring great heal- he is fully aware that but for the Wineras The first transaction was on

By Mr Francia-I have no idea when contract. I think in the circumstances or effet on the affairs and int Then the ring was formed. The dates I was Has fardship will tell you as a manter eas of the elony than on to Bir Francis, that the face of Mr Perry isoting Aud, strengthening properties, most existence of a Bing' the shares of the thell January for the 30th Jan.

formed. The dates I was Has Lande wil was aidt carit, sicut the parties concerned. conclusion Mr make the jury one to rent did, tuo fake entite Emulsion of great bumeft in the oither of having been put in the box would tend to valuable in Cassumption and wasting dia- Company-par value 250uld never have the 14th, a forward transaction. I got rid speaking of just now were when it exin of frot that the plaintiff a lot cari, stout the parties concerned. 7- gone to such a premium, Nevertheless, in of them all nd00 ro.

cence came to my knowledge. It was getting these shares de ivered to him; that Francie contonda simply under pressure I gave the price I the only thing he was caring for all be the share that the real value of the contemplated agreement did not take entt's Emulsion of great benefit in the

a question did on question did not exceed $100,plum fore the 19th March. But still if treatment of phthisical and sorufulous dis did for the shures from Mr Leyton. I was thought of and all he hoped for was to gatz Poilock (in the absence of the Acting they thought it was a joint application the cases. It is extremely, palatable and does strongly advised not to purchase, but I did the difference in price between the it in thy endeavour to carry out my baz- share and the price at whi

mi gains and complete my contracts.

obtained when t*** This cuscinded the cass for the defendant. thatth

or 30th.

Hongkong. 29th March, 1889

les

Winess-For the last 20 years.

change I

It

in which the Undersigned was himse the The Attorney General--You understand bayer) simply for the sake of his name, and what cornering is? Have you ever been And what rot at all on account of the real value of correared before, veendeavoured to make the shares, bo is ready to pay off all his corner? controls a

it contracts, in case he cannot deliver, shares, Witness—I have never been cornered be

co at the rate of $150 per share, and broker-fore and never attempted to make a corner. ages. The above offer is made without The Attorney General Is it not one of prejudice to the Undersizum's legal do the orviinary socidants on the picok of fence, should it in say so not be change i

it de- General-In if not socepted; and he expressly disclaims

Witnes-Not necessarily.

admitting thereby that 8150 represents begin to all!

The Athenay General-When did you isket rate. Do the contrast begin tay General-When did

the fair market

be

the abeative of any fair market, the Under The Attorney General-Have you any signed is content to settle claims against doubt of what the effect on the market hiraelf at the above excessive rate, in order would be of a man holding a number of to guard against misconstruction of his shares, selling them all out and more than motives in reniating individual attempts at ho possessed? sztortion.

The Undersigned is advised that he is

shares except his contract price ference between and

** I am, dear Sir, your's obediently, t

(Bigned). 8. Restore!

Witness-I annot tell you that.

a

is to

ques-go

an

Toderation

if

line

1

s

The Atomey General pointed out that

he charge of conspiracy at tuo date of con- trot bad tot been sustained, and that, no

mey had been paid into Cuart.

His Lordsip said he did not think the

*..... the concinsau that uses. Rout the following:-* I have found

polletion

w

joint appl cation.

Exchange

HONGKOND July 10,

Loulan

∙Bank, Wire,

On demand,

30 days' night,

4 martbe sight, Credite,

..

Documentary, monthr

Paris

Qu demand, ...

Credits, moathe' elgint,

9.84

per Attorney General unsence of the Acting they bout the 15th March. But still entr'e Emulsion of great bu have found per Attorney General) summed up for the fact of this agreement with Mr Perry might at opset the stomach-thus removing the h they could be plaintiff. He contended that there was not not have much importance. Mr R. Sharan great diffoulty experienced in the adminis plaiutit eral) samme Acting before the 18tent did not uses. Rumption notice, most ane, and evidence which would justify the jury in be said might be considered as representing ration of the plaža oil, -D. P. Kraus, ore was no contract at all which we were finding that any poufeder oy existed, nor his brother and representing Mr Duor. Ar 3.R.0.S., Surgeon, St. Vincent's Hospita Mr Francia, in simming up the cap, f| The Attorney General-You know what

the defendant, mic, with ruleted to carry into effet. Now there is if it did exist, that the plaint whe Tones was out of it, bario sold his 400 Dublins Any Jhemist am ripple

herin - supply 15 ---- not liable in damages for non-delivery of a bearing operation in

Witness-Perfreya-It

gaid value of plures

question of laws on which to the mom et important consideratiu to which a Rosies member of it and further shares to Bir Futts. This alleged combination & Qu. (lat.), agenta in Hongkong question of law on which Lalap had Inok your attention before ipsving to the extent of the dif

The Attorney General-It depresses the give him porion to address the Court jest, and that is Mr Puten deuixi that he

alphadok your attention before imving this sub- argued that there was no conspiracy to ust thereford haye, virtully lain and China.

Me is the legal ruas of the term. He

inte

between Mr Shewan, Mr Potts and Me rach prica as a jury may find as the value of shares

de cases to whics he wished to refer was in any joint ontractor puy juiste in favor of the bona fides of the lant had a thing a do with it and that the con ence Grimble Mr Gritable, however, said he bona fär market price of the shares on

WireNul necessarily, not always, re in the case of The Panama Telegraphicstion to the Bank at any tits.ket rate for Rope shes but the 30th federacy was pursued by the uller parties. the dus dais of delivery, viz: March the the meaning of the word. It is an opera Appeals 515

Tas. Attorney General-You understand Cov. The Telegraph turks Ca Chancery Shawan in his evidence said that there a March Bo-printed out the unlikelihood The previous knowledge of the satisfactory

Panama Telegraph any op recapitulated the points in the evidence Ori

0 may ket 31st instant. Persons having contracts 616 with the Undersigned and choosing to a

have been a joint application by his of the plainlik's purchasing from Meshester with the Undersigned and choosing to titta to depre a the rates, and chatin teda riship said these cases referred to Mr Porte Ferhaps, he says, while wan if there had been may confidanicy beateriei was not unimportant. They

thatinated appli- of the

have been a joint application by him and unlikafilader was pursued by the uthier parties. - of the plaintiff's purchasing from Mr Shestate of the Company, although not ignore this notice ban, I think

oncerning the Fluged by selling out a large number of shares fraud in the actual exs wrion of contracted jointly for a joint last. But the tween them, and aid that Mr Whitehead's knew that there was likely to be state of the market, will do so at their own That was your speration, you it not?

My Francis put it to his Lordship that you must be satisfied were Witness-Tes risk. A suit has already been threatened

Lordship that you must be satisfied with Mr Whitehead's the fraud it to his Lordship acts julutly for a je bay we appli- of the plaintif's Undeady been

General-Therefore it this lordship thought possibly the thing like 20 to 200g ber of shares he was theflora

the fraud in the present case was practical evidence that whather there were separate evidence of what took place at the Bank god report, they met daily in the The Attorney Against the Undersigned, which will semite 410rney Generol-Therefore it ly in the marau position

applications or mut there was jolas applica

there applies was based on imperfect recollection. He office, and there Mr Whitehead's evid of the qusition being brought to an issue comment that you were bearing thư

for Passed thip thought possibly the cases clea on 18th February for a lan on some and the jury to remember that the ice that they tunda and decision in a Bourt of Ing.

market,

might have a me application if Mr. Pri Europe stares, when plaintif Witnes Bearing the market in its pro- duald show that at the time Mr Francis thing like you to 1500 Repe shares, when plaintiff was larged by the defendant These were points which the jary would Witness-Bearing

Pro-disu the time the contract Mit Pa MANDUTVESI

was that at the time the contract Bit Peita, horing the number of shares with fraud sad conspiracy, and urged that sider in determining whe her there had per seney meaning going into the market was entered into the plaintiff know that the mentioned, chimed sin and entered to End he was the fora entit qd to every cut beann ombination. Again the question day by day and selling.

defendant was selling short, but so far I don't intend to suggest for Witnem montinuing-The agit referred to

was selling short, but so far on ice a socurity for the star asked sideration when they came in consider the of the renk value of the shares had in

wood panes The Atorory General-You were as a from that appearing it was doubtful if the fox art art to go for a question of damages, in the circular is the present suit. I had to loo

Now a

itself bearing upon whether there was defendant was selling short then. Be bus the latitude which was allowed after time all. defendant fort as excurity for the war asked sideration when they

confederacy. If the real saite was istinated through Stokea and Young that natter of foot going in time after time

that Mr. Put has at any High short then. He motient that Mr. Putia as at any thought be should have to dimor the ume in this case been making any the learned Outings for the defauriant in transly below what was quoted, it wont thought be should have to direct the

His Lordship in addressing the jury said confederacy. If the real saite was I should not carry out my contract, with Witness-From time to time.

direct

iz (m. the plaintiff. I heard about the trans

The Attorney GeneralHow many ope feet on the sale of the shares and ask you liave seen how extremely fucble such circumstances had told thair by Mr Toneph at #200 what the ratione had you in January!

are at any combination might have an false statements to his knowledge bos the latitude which was allowed himself in to show that a combination or confederacy Gary

them to my wisst the value of the shares

on there the between thinse poule was the puminent borne transaction, referred so fù the cir

them to my rist the value of the shares his memory is and how absolutely he he were wider questions to outsider the wained to draw the attention of the jury cause of the appreciation. It only re- ouler 1. Me toumately scquainted with walling for cash in s

Bi Lordship Would not the fact he was but he could not go further than that deprived himself of all possible insans of those affecting the parties in this cans of the transng ions which had He should say that if there was a bona file refreshing it on this matter. The stumps and he must in the firm plans and been immented on in this ene to me what

mate de has the share market here. I don't ko w of the great many union show

anden-tomy thede part of

market the tearket price should be taken, of his cheque books carefully destroyed, vour to see sway from their bearing they bad on the question whether

Du dan any bus fide sales in the latter part of that there, wan no bearing

Mr Francia-Is it not question of the but if there was on bms de market they cheque bouez, brokers' motea manerande, any notion of their having to deal with age there was a pombination or not. The ear Lève 25 3125

ve lot of us at 9180 and murlint he thought he would get a bet. must goupon the question of the real value brukes monthly accounts, athing is lole thing is then the cats before theta. The there was squonstrable bias was than

ang-bearing nigh

ta dorsand, about 110 Ikrar of for pricattorney General-During Merch old-13 free address concinded his obat bernfore I think tached to the case and we tu selion as is the open market, but we that Mir Shewan the question of the real value que, bouka, brokers' notes memoranda, la shade away from their minds been pigmented rating ions which had bathroom for his shares £taken to Hope fratred. I had in and February you said that you had

Corner jamaation ja bidh members of The Attorney General-During Merch mid-sly friend the Attorney General in his memory weak, had nothing to do at present, and the gentle ideas he said he had heard of sales al

Mr Francis, thes, addressing the jury, his, and

bis, and he has to frost entirely to learned Gonnsel had referred to the public leat example of considerable riss was the

he has 15 Hogware not

old-My friend the Attorney General labia wemay, You here too your interests of Hongkong, hat with that they sale of 100 of the shares at 8150 by Me Ou Borlin,

labia in to sure therelves to 175 and 200. He said L pirchased about

Yon your interests of Hongking, hat in boy he Hoppe inken into huren and that you went to your brokerservations by charging is in the deleses portaco is to bu attached to the case in ducked in the idence pe 175 cash. That looks like x parohiase in ** he hopes taken into theres and that you went to your berkers his opening address cincinded hit the selves that his memory in extremely weak, had nothing to do at present, and the gentle Ribert Shewan to the plaintif, and in bis

the value of the What broken did you go to ta

servations by charging is in the defence ad beratore I think you will know thou of the jars must boot themselves to evidence he said he had heard of sales al Betapy bad heard nothing Fitness-Heers Benjamin and Danby sad again in a question pat furt now biste in danery of February, and knew fur the prics of detalhes those arts it was shown that Mr Showan

place statements that he was gi

set up with deliberate fabrication, his statements that he was uoi in snob before them. I was action at the open market, but with regard to bù of hat importance put si 20 old hated about ye place and Messes Benjamin and Danby set up with delibers the defence mad therfore I think you will know but nothing to do at present, and the gentle Ribert Shewan to the tata150 by hares ng a difio- * The Attorney Generalwo only. Do the same charge that we have not me binsel and any of the parish he whether or not the poitwet made between rachaotions at high figures and showed that

Mr R A. Gubbay

confecioravy January karen na alavid, The Attaroy Heuers! wo same

tar Rostowice he implicit precisely lectory January certain the open market, but with regard to 50 of It is not the you think that suficiently. Do the same charge that we have pot met that there was a joint action bywoon sold on 10th January and one of these arts it was shown that bir Shywan It is not the your Generswo only Dot Rostoje laplied precisely confectory in Janu i snob a before them. I was ou sction as they 175 cash. That looks like hated about

youthink

the same okarge that he was ok in thenced in the evidence put 176 x 200 had beard of sales at rea of 2nd April Values-For my own purpose At that we have endasyoured to bolster up that I think you will say üzbesitatingly bim and the plaintif

ly repudiated age contract but that hinsel and any of the person named, sad the questions raised by the defendant was weath the buyer and the seller on the Mr Shewan states) moment purpose At that we have endeavoured to bolster up the hit he was in a font application to the whether or rint the catwet made between same day. His Lordship then reviewed the Fred. The contract The Attorney General-What do you and fabricating a charge got the plain and the evidence of Me Waitehead is more are might from th Parte evidence:

and get out of mur Inness by inventing bank. I think you will say unbesitasiesly him and the plaintiff as that date was valid.tractions at bigh figures and showed that omains the mon by that moment! You and fabricating charge in the plans that the houshich we do know gains Now landed consel in their comments unit nearly all the bases there was strong evi- efore things at moment. You men it to and his friends which had no focation him and the andanes if Mr Wattehad in mind come might from their different points due to show that other the parting concern byfory. I froed it, Witas Having sold abort, I did not can be the only maaring of the word fabriqu

whatever on fact, berates that of coumadipinctly agus bh, Now the next of view use strong terms as to the nature of ed orthose influenced by their sotiume were can be the only masking of the word fabriquestion I have to ask your attention to that what had to be considered was not the monaster. The wore two purchasee

February

spother small

shares

вел

---

On New York

n

On demand.. Credite, 60 day nigh

rodite, 80 Baubay

Calcutta Onderaand

Vire

Sotiraight. private,

Ma kama (100

METEOROLOGICAL REGISTER

IT 10 A.M. TO-D

Barameter Tetaperature

Direction of Wind FONU

87

Daun Bulb

Weather

Huigknur Übeorvatery, July 10, 1865,