1889-07-29 — Page 3

No. 8285-JULY 20, 1889.2

Mr Swith-It does not matter, we have attention to Section 32 of Ordinance 14 of 'got the defendant in Court thak ja all wo | 184 want. Your Worship will son, that mootioj. 17 of the 1875 Ordinance is identical in every way with what I have just read. Exactly the same thing; mnly it does rust go so far

Mr Recco Your Worship, before we

open this case, I should like to mention one

Mr Rocco That is not the fact, your Worship.

Mr Smith--It is the fast.

Mr Reece-It is entirely consistant. Mr Smith-If your expression of regret was made before, what was the reason for sending this letter i

|

|

Mr Reece That has nothing to do with it. The summons is taken ont under different Bastion.

Me Smith The defendant being in Court I can ask that the summons be amended,

His Worship-The summons can be amended batam doubtful stout, both Sections

Mr Roe-Whether it was an inform tien or not, I submit that the section dues not apply to a case of this kind.

Mr. Smith-Yon saunat get a summons without laying an information.

Mr Hecco ebbuit that neither sections. are applicable.

Mr Smith-You do not give vary cogent reasons for your opinion

I Mr Ruoce I submit that the section of the 1845 Ordinance also appites to the hearing, not to any absequent applica.

Mr Smith-1 made an application then and you did not hear me.

His Wonship-That is not the case.

exactly,

舞

Mr Roace--That there zuight be no mla-case. take whatever about it. But there is no use of further reference to all this, seeing that it has nothing to do with the can.

Mr Smith-You are the very one who has brought this up.

Mr Reeco Ibaid: 'Bofore addressing the Court on

this present case, I wish to refer to something that happened on a former occasion,

not entertained.

Mr Smith-Thu amnions must be desit with. It must be dibuiscd.

Smith-Thu summons must be desit

A

THE CHINA MAIL

to

ne

ass,

to

прод

C.

P. Chater on 16th April, borome Rasafe and (2) When did the building leased to nila bitable

Jure 1883

About five or six weeke prior to the 6th- na nanimously (2) Was this the result of wear and tear? No [by a majority of air to one]

fortosult canses or any of them: (a) Injury to the (4) Or was it the result of the following foundations of these premises by laying the foundations for the north wall of the new wing of the Hongkong Hotel.

INTERESTING SHIPPING CASE.

by Captain & Tung-ka-don, the miniy be efectulust the surrea

cotton

Tessel with side

a

Tours truly Hankon, 17th July.

CRIFFITH JOHN

bo

Chater and bis cab-tonaats alleged that which in many case might have caused with the erection of a new wing of the Malohors Building had become unsafe and annoyance, but he bad navoz in the whole Hotel; and the action against Mr Chator inhabitable in consequence of the acts of coarse of his career naked unnecessary quas by the Hotel Co. was for rent of

inct during this riot. Though the people the Botel Cs, it was on. Mr Chater and histions or questi no which he did not honestly the premises called Malcher's Building tried hy Sir E. T. Roumis, in Shanghai last thre

“A rather interesting shipping sise was 28 & people had no personal interest in the ub-tonants that the burden of proof reated: balieve had a bearing out the crise, He had leased by Mr Chater from the Hotel Co. wool, the plaintiffs being the China Ship vagabonds of the baner mort, where ever T. Rounis, in Shanghai last quare, sud wore peaceably disposed, still Hls, Lordship said he did not think he never at any time allowed him if to his led The defence in the action by the Hotel do.

there are always at Hankow thousands of

in botte saans. would do that because the issues wore stated in a purely commercial casa into inquiring was substantially the same as the cause of Fore futual S. N. Co, Lt, and the desavail themselves of any little trouble The Attorney General uubraitted that as witties or raked up a mattor that had against the Hofbl Co., and with a view to claimed 8303.64 for freight on 849 bales of been on our side, and truly earnest in their eneral submitted that as wittieres or rated up amator the final decision of these cases, which in sotten from Shanghai to Yokohama bulent follows would have been down, upou

into the private life of any one of his action in the suit by Mfr Chater and others. fendante Messrs Llbort & Co. The plaintiffs destroy

hat may spring up, in order to plunder and mistter which arose out of the former case.

Had the native authorities not tho Hotel Co. claimed for ront, and this nothing to do with the at the final decision of these cases, which in Mr Smith sked to think that a charge Mr Reca-I submit that your Worship special defence was set up, the burden of of drunkenness has been made against him in correct, that the application ought to be proof was on Mr Chater and his sub Francis, that any rofounds to another case certain questions of fact had by consout of the defendant admitted this cinin, but pat buat follows ou

Mr Chater and

His Lordship-I must remind you Mr volved mixed questions of law and fast, ka sotton from Shanghai to Yokohama. endeavour to keep the porno, those tr law and fact, patus as a god, and Blankow would have bee

posce, by my client. I submit that that is not made at the bearing Mr Sraith was pre- tonants Fact. No such charge was ever made sent thon and he did not depends His Lordship romarked that it did not gard the tendency of your obscrvations.

premton

is ngal at the rale. It is impossibo to disto parties been evolved and were stated in in s cunatecclaim for T 110.25, compensaoud, and What my client mid-1 gret that he said

the stes now before the jury. On the the sates now before the jury. On the matin for damage which they alleged they in a blaze. We are greatly beholden to the Mr Smith-His Worship declined to mattor very much after all, as there was if and ho himself regretted after he said hear.

Mr Francis said he thought if he was decision of these issues he must ask them, had suffered by the plaintiffs having shut magistrates for their action at this crisis :

saidht evidence on both sides. its this (reading from newspaper), My M

Mr Roeve-Be it not make any ap

attigkud be had a right to defend himself. juries were always asked, to crating out and refused to carry 1,000 bales af and It becomes us the rather to thank ther opinion is that he was not sober, plication Mr. Smith can institute a snit and therefore ho naked the jury to bear in fore the Jury he said they would have no ence. It ons suggested by the learned At Chingau.

The Attorney General said that was so, Proceeding to deal with the questions be themselves strictly to the lines of the avid cotton by the Dopard and 151 bales by the for the great service which they have ren- Mr Bmith--I think

the for the grus to this crisis: Me Bmith--I think your Worship will for malicious proscention in the Supreme mind on whose side the ovidence was given, tead for themselves that there were two torney General at the close of his address

otting in the Supreme mind on whoen side the evidence was given of evidence which they had to that the reputation sod character of Meas issues were narmowed down to a very small evening referred to, the reason was this. dered us a community than to try and bear me out. (To Me Teae) That is a Court, but he cannot make an application Another point to which he wished to direct glasses of evidence which they had to that the reputation and character of Messra giving judgment, said that after all, the

After hearing evidence, His Lordship, in make them look ridicalons by carlesturing newspaper," is it not (7) (taking the news under this section nor under the section to their attention at the outset was the nature investigate. In the heat place, they had Bird and Palmor as architects ware placed issues were narrowed down to a very amatt

their honest efforts to help us. paper.) In the same report it is the which he has referred of the ordinance of of the defence set up by Mr Chater and this the ordinary evidence of recollection and in in his hands. Well, it might be so that point. Mr Wainewright (coun el for the evening referred to, the reason was this

As to closing The Rost on the Sunday Daily Pres-you will observe his Worship 1845, which refers to sa information. tenauts. When the pleadings, were first the second place they had the evidence of that greation was indirectly involved, bit plaintiffs) admitted, and his Lordship There was no dauger and no fear; but the says, a little further down Mr Fraser Mr Smith Was this not a criminal in drawn up the damage was attributed to the experts. Evidence of the latter clase the any consideration of that sprt mast be a thought rightly, that in commencing to

When the pleadings, were first the second place at the latter clase the any consideration of that sort mast be en lill up the reserved space at Go'lockerrics in a quieter place. In the action of Smith objects to certain evidenco, giran | formation ?

noise outside had been great, and the mis- aponing of the tranch for the foundations pry had to accept as it stas given whether tirelyapart from their minds when they cano ill up the reserved space at 6:o'olack thou by Me Ough which be hap had au op

of the new Botel building; then the ro- they understood it or not, and where they to consider the evidones. It was truo per in the morning the plaintiffs were

reserved space at 6:ansionurios thought it best to hold the usual portunity of oxainining him upon. Mr

moral of the verandah was added, ant had one export stating be thing, another hape in a certain sense that whatever the running certain amount of risk, misionaria there was

ating thing, another hape in a certain sense that whatever the for it the defendants, holding three ship It was a mere matter of convenionos and or Dagh said that he considere 1 Mr Fraser

since the hearing of this so bad begun a stating something different, the furp must effect of these now works inight have been for if the defendanta, holding three ship-

of risk,fidence in the arm of flesh or in any other.”

the no want of con Smith was drunk."

third string hud boon added to the bow and ask themavivus the guestina which of the losses Bied and Palmer war suspensible, ping orders, got down at a reasonable Lime Mr Reece-That is not in the evidence,

that was the weight of the new building two was the meat cabable. It was a very but that was not a responsibility that on with their cargo, and found the space podicacy. They wanted to worship God in Wat a reasonable time was's-murn ex As reported in that paper my client's worde

He would point out to the jury alau that natural thing therefore that they about, tered into consideration in this notion led up there was in doubt that they quinces which they feared

nistruz a were my opinion is that he was not lober,"

avorat suggestions had been made which in order to ascertain the value of an export's sopt in an indirect way. There was an- would have a recoxable ground for com and I believe if your Worship will refer to

showed the weakness of the Chuter professional opinion, have some ides of other matter to which his Fordship aid he plaint There was very considerable

an would have a resposable ground for cons. could not be secured in the circumstances your notus you will see these were the words

at Tho BustTo the Junior Club a littlo caso. It had been anggasted that Cheang what the expert's professional training had must refer before praeding to deal with difference of opinion as to the time at which ass or a little more uise could make no

Loss used. I do not wish to palliate that for a

Sam had used dynamite in the trench been and what his professional position the ovidence. The Attorney General of the permits arrived, and as to whether it moment. My offent ought not to have ex-

it was also suggested that surtain work was. The first question of fact whish jectert to certain questions put by Mr a reasonable time in whiclf to expect to

difference, so far as billiards and bowling pressed such an opinion, whether well

done by Mara Bied and Palnor bad the Attorney General put to the jury was Francis and his Lordship thought it was to But the cargo on board. Of cours all such

wers conearnad Neither courage on the founded or not. I told him so the moment. tion.

Francia and his Lordship thought it was to for both parties knew perfectly well that shown sigus of bad construction.

But the cargo un board. Of epurar all such on hand, or timidity on the other, had we got out of the Court, and hd oxpressed Mr Smith--If it is so then it must have title of avidonde had been produced to ing was pulled down batuga the commance proted as an attack upon risoif text to an understanding that the passenger, to go by.

Nut a whether the verandah of Melchers' Build be regretted that what Mr Francis inter-contracte wore untered into on the implied to do with the nation of either;

anything his regret at having said this words. vory little manning. It would be wholly support these suggestions, and the only ob went of Mr.Chater's less, and in. counoo animatrerain on the Attorney Gangat a train or ship, uncival thero in good on Sunday night, no grant for alarm ex-

olas I repeat now that he regrets haring given inoperative. Anybody might obtain aject with which the questiqus could have tion with this ho would call the attention connection with another case. Elis Lord- time to be canfurtably shipped, and if he isted in the suttfument of Hankow. expression to that opinion. If Mr Smith same on false information, nul then been put was to induce the minds of the of the jury to another fact in domnestion ship was quite sure that nobody, who had did not arrive in me, then the cou

Lard-did, not arrive at No doubt there ment is very vous generala tios felira says that opinion is erroneous, I am quite et appear to prizeouto; and because he jury nusime Messrs, Bird and Paluar. But with the witnesses who appeared on the listoned to either of thuise te olan queness were his own fault, Nodonbt there pondeat for the protection of the settle The plan recommended by your corres willing to take his word,

did not appear there would be me case the real questions for the jury to considor utlier aide. Mesars Bird aud. Palmer must conducting casce in that Court coull op were in which it was run very fuo, is very youthful,

two gentlemanqueness ment is very youthful, and not likely Mr Smith-1 requested the apology to against him

wery those raised by the vidence in the in zaras way or other havea certain response that either of them would wilfully and this was a cues which suamed to his are indispensable ho telis ua, but only be made in Court at once. It' wis do-

adapto adopted. Neither generala nos fulminirala His Worship-He did.appear and wished care. The first of these was whether the ability in the matter. They were the and unecessarily pát alined.

my permission to withdraw the czas. I removal of the verandah took place before Entel Co.'s architects and were responsible witness for the purp se of causing a departure of the ship had in the first in-score or two of stout rezolute fellows, ech question to any with a persunaive Purang lawyer, or the question to any Lordship to have boon run very fine. The

have boon run very fine was unable to give that parnaisainn and 15th April 1887 or not. After going over for the advice given to the company as to noyano, aut of course it was only stance in dolayed a good twelve hours; in

All Stanchfendents adjourned the case. He did not return the evidence on this point the Attorney how thess works should be carried on, for natural that when

int the Attorney how thess works should be carried on, for natural that when a witness was pro which the defender

only which the defendents had to work, and got community of Hankow should become some rattus. If it be desirable that the and the case was dismissed..

General proceeded to the second question the preparation of the plans and specifica-used as an expert to give his opinion o

paration of the plane and sporca-used as an expert to give his opinion on a Mesars Ibert & Co.) said that the shipping ing country be effectually slowed against Mr Roede-What I desire to point out is

it what date did the building becomic antions, and for superintending from day to sciantido question he should b

sir cargo on board. But Mr. Walker (of famous for its rints, and that the mirround that this question does not arise in the

inhabitable. It was admitted on behalf of day the carrying out of the work. As the on his professional qualifications and ex-orders were issued on the understanding y

be questioned stioned present case. The prosent case is for mali-

the Hotel Co, that in June 1888, when the Attorney General had called the attention perience. Obviously it was Dir Brancis that his goods worn down at Tung-ka-don. tions, let this mischievous little plan be the understanding be diots prosecution, for taking out a sum Mr Smith Your Worship said I cannot stampede of the tenants took place, a pornf the jury to the question of natural bias duty to put such questions, and his Lord. This was denied by Captain Guland, and it tious, let this mischiavuus little plan be

a

were as the missionary and all missionary opern mons for asanit The other question in hane anything more. You know I said the tion of the building we unsafe. Although he would ask who was more likely to have ship ord et tink the Attor

Ianid the tion of the building we unsafe, ali trong natural bins, in favour of the Liutei reraarks and be taken by any boy goods down in time. It appeared to his Lord Your correspondent is doubtless a brave entirely irrelevant. The moment Mr Ough case would go further.

that porting, according to Me Bird's evid anybody as Mr Walker to consider whether he could get his King of t

det tink the Attorney Gouera's asemed to lus Lordship that it was for Mr. adopted. If it had been tried at the be came out of Quart he expressed his regros. His Worship-Yos, and I said I have once-al he thought the evidence would Company, than their architects who at Francis took them His Lordship the goods down in time. It appeared to his Lord. tit

Once-hail he thought the evidence would pay nsicured responsible in aute after re-stating the iseurs reviewed the annably good time, ouusidering that he had longing for an opportunity of displaying this riot, some of us would have 1 told Mr Webber and Mr Webber said he nothing to do with that. That is all commend itself to the jury-was unsafe, really be considèrted responsible in some after stating the issurs reviewed the ship that he had not got them down in a res. Your correspondent is

commend thought the evidence strong natural binare likely to have to put such qua Di Grancis that his

Lord-bon Inking refuge at Bliaught how would arrange the matters and the reauit is, Mr Smith-There was no formal applica there was no reason at that time why the sense for what had gone on. With respect urine at considerable length. fe annably good time, ouusidering that he hadne, for se pour Worship sets, that a summus has tion made, nor should I think it necessary tenants of the other parts of the building to the damage to the South wall he put it pointed out to the Jury that a tant who the knowledge that the ship was to start being for an opportunity of displaying man full of dash and anergy, and been taken out for malicious prosecution as I contend that this section, and section should have left. The question was at what to the jury as a matter of commonssus took a dilapidated house without carerant. tween 12 and I clock with the tide, and em- the gifts that are in him. It is furtunate whetween I en-far as, however, that there are mes among That is what Mr Webber calls arranging. 32 of the 1815 ordinance covora my case date did the building as a whole become that the verandah wall which was wolling for repairs took it at his own risk, sad sidering the time it would take to get a thours, however, that there are mer amazig my case date did the building as a whole become flint the verandah wall whiet stort to starting Mr Smith-I am sorry to have to address

unsafe. He sabmitted that it was for Me and solidly built and was in reality in- he said it was a matter for the Jury to and bales of coitus on board, which arrived without losing. Vir heads quite. This Your Worship again. It is a singular thing

Mr Reeve submitted that neither of the Chater to prove that the building became tended as the actual outer wall of the build- decide na the evidenes whether the damage at olevan or a quartor nest olevant, it did withor

us who cau pasa clienagh a crisis like this that the only expression of regret I re-sactions sp lied, Application should have unsafe at the date ho alleged. There was ing, must have afforded support to the to this building was the the it not much matter which. No doubt thus had being the ones, Hankow may be regarded ceited was in the form of a letter given haan made at the time.

no doubt that when the collopss at Mesars soush well, and Leputit tothe jury that if the the inherent defects of an old structure Mr Sylva's evidence that a thousand bales to me when I same into Court Mr Smith Mr Reece is anxious to avoid Arnhold, Karberg & Co's, took place there taking away of that wall ocurred after the which had often been ropaired and shoired of cotton could be shipped in an hour and

Mr Sylva's evidence that a thousand haleses safe for the present. a letter addressed this morning before prosecution.

was a scare, which was increased by the re- commencement of Mr Chater's lease it was a signs of decay, and which was built en af, but this was under exceptionally good we came into Court and written by Mir Mr Berce-I want to get rid of it sportsent in by Mr Hayllar. The third issus most important factor in the case. And he shifty soil, or the result of the removal

on whipped Reece to Me Webber. It runs The 1000 as I caD,

circumstances, and in I have got other was the really material questions the submitted that the weight of evidence on the verandah gether with the operations ports, But his Lordship did not think this words of Me Ough to which Mr Fraser things to do. 1 sabinis that there is no unsafe condition of the building due to in- this point was clearly in favour of the sup carried on fut connection with the paw, wing meant that these thousand bales could be Snaith objected are reported in the Daily information to this ouse. Archbold inherent defects and wear and tear. They position that such was the case. He would of the hotel

THE POOTENG DOCK COMPANY. Preis my opinion in that he was not suber his pleadings defines information as a had abandent evidence as to the state of sak the jury to say that it had been proved

pinion in that how Dugh for eon's Attorney rating for

shipped between the time they reached the

A special incuting of the shareholders in The Jury after half-an-hur's retirement ship and the time contemplated for or the Pooting Duck Company was held at the If this opinion is erroneo, Me Ough fernal written suggestion of offenes made the building before the commencement of cutlusively that the verandah or part of returned the following answers to the siling, and he did not think it was to be Company's office the other day, Mr B. regrets that he expressed it.We are &. by the Queen's Attorney General.

this loase. Indeed on this point they were it was still standing on the 18th of May. queatinis sabunitted to theur EWENS AND REECE Is not that incon-

expected tha His Worship (after deliberating for a carried back by the evidence of the old As to the question at what time the build-

ship-rater having other Francis is the air, to consider the ques sistent with the statement now made by Mr long time)-I have considered both these Chinees contractor to a period 10 or 11 ing kecants unsafe and nninhabitable, Mr running along the south side of the leased Yokohama carg, and although it sooned if the Supreme Court in the case of the (1) Was the brick and stone verandah cargo for Kobe, ahould cover that with tion of appealing from the recent decision Beece

sentions and am of opinion that neither of Pears ago, when the basement wanted re- Palmet in his evidence stated that the premises polled down and removed, and that they took certain risks in this case, Footing Dock Company Simpson. Thu them carer proceedure of this kind taken pairing and when the arches between the building was thoroughly safe and babitableware the foundations of the same pulled after the cane has been concluded, and piers were in such

there would have to be a strung und clear Chairman and the Secretary, Mir Dowdall, bad cmdition that when Mr Chuter a bad therefore it is impossible for me to hear they required to strungthened with iron whatever may have been the autsal atate

took possession of it, and and retarved prior to the 15th April 1887 case to make them liable for damages, and explained that the judgrant ought not to any eridence on the subject or take the sockets. So they found that 10 or 11 of the building at that time it was quite

No unanimously]

hia Lordship did not think that a strong and be maintained, and that they had the best years ago the building showed considerable evident that about a month before the 6th

clain, and there would be judgment against Mr Twentyean told the shareholders that clear case had been made out on thecounter-ocal legal advice in favour of appealing. Mr Smith-The summons is dismissed defects due not to subsidence of the found of June, the date at which the tonents then! The next action will be fur theations but to settlement of its walls. Bir left it, some change tank place in the

the defendants for Tls. 209.60.

Mosara Farnham C had originally Supreme Court,

Hayllar in the report he made as a Govern- whole appearance of the building more

Mr Wainewright applied fur costs, bat offered to do the work for cost pricu, which His Worship-It is not dismissed. Itment official supported that view, and the or less all orer. Did creeks were opening

his Lordship langhingly observed that costs would have saved the Company about Tia. Old

being on the basis of judgment for Tis. 10,000, while the work itself would hara jury might well ask why he came to change out and new ones began to appear. The

gmont for Tuld test price, which bis mind afterwards. If he thought sub-cause of this be submitted had been shown

more than $5 209.80 and Tis. 112 haring bean paid into taken at the most six instead of eighteen bir min well ask why he came to change out

dence of the foundations of the south wall to be the weakening of the south wall by

Ceurt by the other side, he could not give months, if there had bean in legal pro- His Worship-I leave it as it is.. Mr Suaith-It has been argued upon. Ation

MANKOWareholders bad anything to do with the unsafe candi the opening of the trench twelve months argued upon. tion of the builde and the heavy Yes by a majority of six to one).

veedings. It was asked why Me Morris tion of the building, why did he uat any se before in uection with the annat:ustion

ANOTHER VIEW OF THE HANKOW decided to go to law, and the Chairman oz

Morrison's celebrated report was not submitted to the summons has been issued and it must either that report? He submitted that in the of the adjuilig ballding. The damage

shareholders at the voting at which it was 204 26tmed

shareholders 10 be diamissed or gene on with.

evidence now given by Me Haylor he was had been done at that time and the heavy Mr Reece Your Worang has refused under the influence of eng natural bias a rainstorms of the following May which had () The pulling town and toneal of the

RIOT. Reece-Your Worship

ollow this

plained that it was on the table, sad any entertain it.

behalf of his employer. The first issue in caused dange to other buildings brought vental mentioned in the first issue, or so N. G. Daily Netes, we feel compelled to of

Having reproduced the report of the barchelder could have seen it who wanted (7) Toe pulling town and removal of the Bankos riot given by the porrespondent of to division was taken on the question the fourth of the foundations bodily subsequent t the fourth question, whether the ause there defects into activity. What had the pulling op and femoval of the founda give the following letter of Rs. Goth director Messrs. Fraucis, Hogg and condition of Melekens' building was attr-happened to the avuth wall was eridently tions theroof if such omnival was effected John, defending the Blissionarios condition question, whethe first issue in storms of the time and the wing for the fort butable to the work in connection with the the subsidence of the foundations bodily subsequent to the 15th April, 18371

director Musi laying of the foundations of the new Hotel On the evidanes of one of the Hotel

15th April, we effected John, of appealing, this in favour of it being the in regard Inquas, and Messrs. Thirne, Bushanan Yesy a majority of six to one].

to certain insiquations made by the corres and Doydal; thoao against it being Mesas. bilding, that brought then at oute to the Company's own witnesses Mir Bayd, it had

once question of the opening of the exech. He been shown that the wall was out of plant

of the arch. He been shown that the wall was at of plouth wing of the Hotel on the North side wore respondent of the Hankow riot there is vury all wre dennded, and the meeting

(In poning the foundations for the new

pondent referred to

Galley, Schroers and Ries. Sir, Is the account given by your car were in such an ovident majority that no would remind the jury that de Hayllar in along its whole Ingth. That was a totally all reasonable precautions taken for guard

little of itistoric value. The writer is ovi djurized. The Pontung Dock Company his evidence sail that the whole trench was different statement from that, whigi was

length wis open at race and remained open for a made by Mr Palmer and his partners. these promises?

wang gist damage to the foundations of

the foundations of little of Itistorie low riot there is vury were in such an oride The direstora

foundations of antly a ma

antly a man of strong imagination, to whose waving thus ducided to appeal, we hear period of about six weak, but he submitted. They insisted upon it that the wall was cut

Yusives to the that the jury had abundant evidence of the out of plumb

mentai eye fact and fiction present the anime that Mesers S. C. Faroham & Co. will also if it was it was only

Yos animonsly.] fact that the trench was opened in sections alightly and in certain parts. But here Gondawn, at the close of this razy long spirit

a duniatur by His Lordship addressing the jury said the judgment to save farther litigation if the opened in sections slightly and in certain parts. But here Gentleman, at the close of this very kung tako delight in pleasantry rather than in Duck Oompany had been willing to do so

sidnepect, Ho socms also to bus duitate Pa of 10 feet long, and that these case I mast express the thanks of the Court opened with all due care s-ons were was the evidence of fitir own witness team, at the close of this very kong spirit of Facetiousticas, which in Huslim sppeal, though they would have noxepted

All due care. With regard to against that, a wittress who stated for your unremitting attention.

1 accuracy. 1 have neither the time nor the the removal of the vendab it was put that the wall was out of plumb from

too.-N... Daily News. inclination to point out all that in question. Me Francis said he would move for judgable and objectionable in your outrespon forward on behalf of Mr Chater that the base to summit, which confirmed the grid- ment la'er na verandah supported the south wall. Mrence given by Me Hayllar from his inves- General and himself would be able to allow me to call attention to are passage vid-ment later on Very possibly the Attornoy dent's statements but I must ask you to His Worship-It is signed by me, hat it Palmer had told them that the south wall tigation of May last. That wall had heeled ercarge the greater portion of the cou-watch

Exchange was grated by Mr Pollock; and in his as was really strengthened by the filling up over to a very considerable extent, and to sequences between them, the question of which ought never to have besu pessed.

Losososo, July 20 sence signed by me. The application was of the arches consequent on the removal what possible cause could this be attributed costa meantime being reserved. never made to me.

The passage is this: It is to bo noted, of the verandah, and subsidence of the foundations?

too, that our missionary friends did not Mr Smith-1 certainly seems an awk it could not injuriously, affect the wall and Nuother possible canso had been suggested. ward position with regard to appeal. The that the wall received no support from it. Lie pat it to the jury that not only was the

ertainly seems an awk.it could not in that the removal of szcept the take could this be attributed soos between them, the

cousider it expedient to open The Rest" THE STEAM YACHT MONSOON.

for the usual Bunday evening service; summons must be dismissed or heard. If This, is was trus, was contradicted to someujury to the wall due to this cause but

untwithstanding that thrin texts with thirty The British steam yacht Monsoon, of the soldiers, and five-and-twenty stands of it is not dismissed, it would simply be an extent by Mr Leigh's evidence, but Mr Int the injury was unavoidable and that Royal Yacht Squndrum, arrived yesterday, and re-and-twenty

Leigh had moroly a knowledge of the cxist. noamount of care and precaution on the part with the owner Mr W. Playne Marling and the door. Aparently they had but little adjournmaid,

musketa have been planten before in His Worship-1 do ant dismiss it. I do au

once of this wall and had no personal ap of Messra Bird and Primer in the ounstruc- Mears T.-B. Orowe and T. H. Farrar on esidence in the arm of fesh or in any not outertain it. I get it. At prosent I quaistance with it. The issue as to whetion of the trench cold have prevented it board, on a tour from England to China other do that.

ther weight of the new building had any. Ho admitted that the trends were opened and Japan. The following description of Junior Club less bid was open for billiards Mr Smith-His intention of taking out a Mr. Smith-It only puts me to the thing to do with the unsafe condition of in sections of 10 feet in length and that the Konwen and her guyege is taken from

A little further along the street then were opened bar un & tour from England Farrar un conidenca paruntly they had but little Feet in length summons, of which there was no justifica trouble of applying to the Supreme Melchers building was entirely unsupport they were carefully timbered and strutted. the Straits Times - The Hobos ir and bowling as usual, but was not receiving tion at all, is proof of malige from the bo- Court for a writ of Mandaue I amed. If the new building had settled on it and he submitted that the foundations of 281 tous

Monsoon is of the usual Sunday evening amount of patron Bombay I am ed. If the new building bad npport they were carefully beth and that the Monge following description of the A little further along the ran any glunWorship-This queso

Bocco-I ask your. Worsh quite willing to accept that you do the and the svidenes with reference to that those of Melchers Bubling to the exortins spread of asil, being rigged aftor he had dono a very smart thing when he On Calentia

adjourn the foundations it must have shown some signs the new building

the foundations it must have shown some signs the new building wat have gone below gines of 46 horas power. She carries an

gross and 118 tons not, with on- nag

, with on-al amount receiving His Worship This question is not a summons uitil I bring it before then mattor for my consideration just now. Supreme Court

No doubt your correspondent felt that point was cutirely the supposition that extent of fost or er two at least, the style ni a topsail schooner. In fact the had, blackened his Want I have to cotsider is whether the

Hit Rocco I ask your Worship to dis-there had been any settlement. In for Harked the jury to say that the yacht was built more for sailing than stem slander. But what are the facts of the

Reece case before me is in proper form.

paper with that bit of. mick the summone

of that evidence he thought the jury would verandal was sunding on the 16th ing, und in proof of this she can with a fair ease? The fatis touching the unissionaries, Jn Shanghai-

Wire Mr Reece-That is what I wish to ad- His Worship-I do not entertain it.

On demand,... would have no difficulty in disourding that April 1857 when Mr Chater took pos- breeze attain a far greater speed under to whom your correspondent refers, aro dross your Worship on.The charge in Mr Smith-Another point I would men-portion of the case entirely. The last issue session of the building, that the building beanvas than under stean, She is built of these. Un the mission mado under Section 17 of Ordinance 16 of tian.

16 of tion. Yon gre diuising the summoses to whether vesaunable care bad heen cameuvinhabitable about a raouth before the steel with a carved stem and a square stores the..

She is built of these. Un the missionary cond two Op Berlin,

On demand, 1875. The sention runs-LANGEN

to compound there

30 days sight, private, without bearing any evidence. I am exercised in carrying out the work of lay-th of June, 1898, and that what occurred the engines are within are four missionaries, two ladica, and two Ou Berlin, XVII. If it appears to a Bingistrate, or perfectly certain the judgment will be overing the foundations of the new wing of the then was not the result of inherent defros sutrinta about amidships, with the children. The compound la at the hour. dole in 100 in

Fuld, I have got a number of witnesses hotel-had practically been answered al in the building and wear and tear, Be did commndation is all that could be desired. from the native toxu. The door of The Marine Magistrate, than any charge or im

saloon just abaft the foremas The no- dary road which separates the settlemen: Joverolene

boun- Loat, äur... ac-dary complaint was maliciously preferred, or that whose names I am quite willing to hand ready, and it was unnecessary to refer to it not ask for a verdict with rufprenos to the The Mason left Sonata

to refer to it not ask for a verdict with referencs to the The Monsun left Sonthamption Water on Rent' is right opposite the mouth of one-of girén false testimony, suck after a short stay she steamed out of The mission any witness has given y preferred, or that whose name got a number of witness hot the fuunciations of the the wors of lay.dth of inhabitable about a ranath being bus canvas brann for steater perd & fair sose? The any witness has given false testimony, suck into Chert. My witacess are in Court further. In conclusion hossid that through effect of the weight t

urt further. In conclusion hossid that through effect of the weight of the new building, April 10th, basiest Hankow, Magistrats may order the complainant or Your Worship refares to hear them of out the whole of this as they had got to because he thought that point was imale where aft, and atsanied for Plymouth, the largest and budest streets in Blanke witness to pay to the person aggrieved rea course. I ask that the usher of the Court deal with the south wall and its condition, rial, and it acemed to him that the cause the harbour, and set sail on the ou

deal with the south wall and its coudition. rial, and it seemed to him that the pause the harbor, and set anil on the journey to spot in the entire settlement, and when we compounds Hankow, tof The mission compound is the most exposed On the one hand it was said that the already mentioned were amply suficient to the Far East. She met a me rather heavy have eny trouble at the place, this becomes sonable compensative not exceeding fifty be requested to call my wiluesses.

the comp dollars; or, his discretion, may order His Warship It cannot be entertained.

condition of the routh will, was due to sub accuunt for all that bad agepreed. With weather in the Bay, bat in all respects the such complainant or witness to pay a flos

Mr Smith-Thon I cannot say any more. sidence of its foundations, and on the other one exception he was perfoolly willing to Monsoon proved herself to be a handsome and ul with a crowd more or leas

tub acount for all there amply sufficient to the harbour, and set sail on timed out of the largest and busiest not exceeding fifty dollars, or to pay com

hand the Hotel Company said it was due to admit that every reasonable precaution was a craft as she looke Lisboa wad reached a maltitude of avity people (boys nud as excited: During the first days of this rick,

DEOS CESGITAL with pensation and a fine not exceeding together

the original weight of the build imper taken by Messrs Bird and Palner so far as on the 26th April. Three Raps war all the grown up people) kept using up and fect work and the bulging of the west wall their knowledge went at the time. The time allowed to look over this pretty town, down this road, often shouting and yellier. the sum of fifty dollara.

He asked the jury for answers to the ques only complaint be had to make against them when the yacht gain weighed anchor and like fiende. Nevertheless, not a man, Vigstock, 29.46 71. tions before tieni favourable to the Entel was that they did not tako musures to pro-s very smooth journey brought her into woma Campsoy, and not only on behalf of the perly support the south wall by strata in Gibraltar. This port was left on the 30th, even made preparations to leave The Nagasaki Hoy lavere to walkon

child deserted the compound, er Tokio..... 20.02 Hotel Company, but on behalf of Musers the same way as prosided in their contract and the best part of the whole paresge was missionaries carried on their bealing work shanghai, 29.78 91- Bird and Falmer whose professional reps for the support of their own wall. But experienced in the seven days run from at the Hospital, and their preseling work Amg29,62 36 tation had been attacked. His Worship What I should like

even if they had done this the natural and Gib to Naples. The weather was most des at Amoy 20,85 86

to Nagi or congra Megere sons or interruption. They have never hal Haiphong, 2817394 hear in whether a question of this kind a

and Palumer of a were not parties to the suit

His Lordship remarked that Messrs Bird necessary result of the opening of these lightful and the son calul, with a fresh at the Chapels, without the least intornis Hocgkong 20.80 82 be raised on surmens. The section ap

foundali ns, of the pile-dering and the breeze anffcicnt to provent the Monsoon re pears to me to provide for, the Magistrate,

Mr Francis congratulated his learned logeening of the earth round about was tourting to masm for her orney. Nius larger congregations to preish ti, or congre Buline 29.83 86

of adopting such measures as he thinks t

friend on the excellent presentation of the weaken the foundations of Melchers days were hardly long enough to vine si gations mora nitentive and expertful, Go Manila 29,83 82 during a oken, nos for instituting fresh pro

case he had made to the jury and proposed kilding.

proposed Building foundatians of Melche Berting to stasm for yet the Monsoul ro: 30 ar interrupt the least intornis Amoy 29,65 36

He would leave the case the ancient scenes of Naples. On May mes with nothing but words of kindnasa wet

all ing up and down the native streste, they to follow his lead in the method of dealing in the hands of the jar confident lath the Moze resumed her voyage, Bad Whother in the settlement de ceedinga,

Mr-Smith-He did not proceed with

with the paints, Before proceding to the day and unnecessarily

the that they would acquit hio of having un- after making by tag calla at Messina, town, the misst hary was treated with the Tokio 29.02 ---

un-after Hying

ar The air Wl'ostuak, 29.33; 72 the prosecution Court

day, acis, Q0. instructed by Ele was not in Court

queations s'mitted to the jury there were duly

duly and unnecessarily annoyed any of the Tourmania, Alexandria, she brought up at atmost courtesy. He presche at the Chegasaki.. Mr Reeco-He was in

The hearing of this cans was resumed to several points in the. Altorney General's witnesses and that they would dad for Mr Post Said on May 26th, where a few days per Hall, and hard present the Cler

in Me Smith-Had this case gone on, your

apoach to which he wished to refer His Chater on the ovidence before then were spent in sight-seeing Adsa Mr Francis, O., instructed by Masare learned friend was quite right it atating His Lordship in addressing the jury and reached Worship would no douts have onus been

exhurts the people to afetos. Shanghai, 20,80 85 91 w were spent in sight-seeing, Aden was The Hopital belongs in; Le is a 20.55 84 75 NW His Lordship in addressing the jury and reached on June 4th, and two days later benevolent range exercised Sharp, Johnson and Stokee, appeared for that broadly speaking the occs of proof in the fasues they had bead e-fed together to course was shaped to Colombo Here many years; we know him; bo is good ephon

reached on June 4th and two days later benevolent mano has bees in China 29.06 84 10 your righir Smith sa prosent. He Attorneys Meaars Wotton Deacon and on the rasthod in which he (Mr Fra Hotel 0 and Mr Chater, arising out of thought

the Hon. O. P. Chator and others; and the this can reeted on Mr Chater

The Bongbong 20,80 19 ESR Mr Koeco-Me Stalia was proten e Attorney General (Mon A. J. Leach), intonants. Then the Attorney General found two celices, in the first place une betwen of a stiff. 9. W monsoon. The rat four www 10.12 made no application, proten e Attorney General (Hon. A. J. Leach), in- topants. Then the Aiton poter and his determine by their verdiot had arisen front the Monsoon encountered the saverily many years; we know him he is a good hon3-

Pan Mr Chinter a S. Wamopbooks

Moriscos engruntered the saverily man. Wherever the missionary Mania... 29,3 8470 structed by Mears Wotton Deacon, the was able

PRZ 20 sucked by Mesars Wotton Deacon, the cations, first four an. Wherever the missionary word, he Bolinao 29:36 85 70 Mr Smith I intimsted to His Worship, regrutenand the Honghour Houdealt with the pleadings on the other alde Chater and others against the Botel. On days after paving Adan the yacht was the had the jy of ang greeted with kind Mania... 29.3d 84 70 war 1 & 0.12 that the case would ad further. The case The following gentengkong Hotel Co and out the methodia which he (Mr Francie) and in the zepand place ons he won the to still carry her sail, but finding the wind words such as the t that the case would go further. The case The following gentle en were the conducted the crim.examination of the Hotel O, and Mr Chater, arising out of inoressing stearing the Eastward; it was your co-respoudout refers stuck to their following selegram Typhoon, in Chies the still carry her sail, but finding the winds The fact is, the lesionaries, to whom inued at 1.211, on the 27th, at 4 p. the Directions to hoist the South Cone were: was dismised heating; the complainant did cial jury Mars E. 3. Coxon, H. Wick wit cases. His Lardship be thought would lease of the probes which had been thought advisable to take in the sail and house, so cut on with their work, so

becsting, jury-Maari Wick-wit premier not appear in Court,

king, Gratav Hayml, CD Harman, E. 4. tell them that it was immaterial whether described in the seas Melohers Bullding gel op steam. This plan was accordingly a mach confidence and caluvuse as if at 9.10 jeho following telegram.

Chater, arising out of increasing on seating the Esat The fact is, the lesionarj the His Warship The way I read this sec- Solomon, A. Wright, and C. C. Gehen the ladies were all raised at the beginning into which Mr. Chiter untered on 15th adopted, nid nine days afterwards the nothing bad happened, and that for tvo sploon S. Ham

and with Necat dp, directions to holes the Balles up a in their work, tions is fair If after the hearing of a nice The Acting Attorney General, in v úr whether a me of them wers and whito April 1887, which premises were sublet by Alonsoamed the Colombo Leaving reasons() they soon faid, but that the westward fogkong moring

seo-Solomon, o-sane had been th

and on the blagistrate monsiders that there is ming up for the Hotel Company, reminded, the one was procaut The Attornes Mr: Uhater to various tenute at that date again on the los July the weather had people of Hankow had an personal inters dirvotions to remove the Bal Tho

siders that there in ming up for the Hotel Company, re being General hot charged favik Laying or after that date. The notions by Mr Cloudy, hot and dry malice, he may not only soquit the des the jury that there were two suits being altorious to fendant but pajish the compensate. I am dealt with, and asked Urezi to bar in mind General had charged him with laying or alias shat date. The motions, by Maclently fodersted to allow of sailing to people of Hankow had an personal inters, dipotions to only but Parish the complainanteil am dealt with, and asked them to bear in mind attempted uniscesary damage the Chater and others against the Hotel Co. was Fenang and from there to Singapore, to the disturbines (2) They saw that the gentle Cleans, handy weather allon of sailing to in the particular one which had given rise brometer has sisen and gradients are very doubtful whether fresh proceedings can be fa couidering the evidence on what side it natation of Meters Bird and Fires He acts of dainages which the various where she arrived at 11 o'clock pin Saturday, are authorities taked on the case having bosni diamined. had oben given. But from whatever point (ar Fisagis) had in the coness of talar plaintiffs alleged had accrued by reason the 18th July, On the passage frem Singud bent or preariving it, pozor prevaile on were on the side of peace, prevaile Are Sutthus, prepared to argan the of view they looked at the case be thought ble lung professional coton Find had to certain ucts of the Hateto by spore she kat a blade of her propeller dur Your surrcapndent hus d. but gont point before the Supreme Court. Ioal your bis Lordahlp would sell them that as Mr an agrost many diagrable question their egents and servants in connection » horricans.

Justice to the msgleiratus, and to their gask

MrBaith If it was irrelevant, why do

it

Mr Reece I say it has nothing to đại with this case. My client masca no charge against Mr Smith of drunkenness, Hə hastily expressed an opinion which he ra

gretted as soon as spoken. He said this to me, and I informed Mr Webber, who said he would arrange it: Mr Smith tow takes out a summons as the result. I believe he seems to think that this question is involv ed in the question that is to be tried by your Worship, but it has nothing to do with it. My client made all amende he could, and I must ask you to entirely disregard any avidoncs Mr. Smith may attempt to oduce with regard to that question. If Mr Smith says that he was sober, I am

accept what he says,

I

quite willing to no intention of giving

Mr Smith have an samarance. I will give the assurance of

8 or 10 witnesBDT.

Mr Bocce There is no necessity. Mr Smith-I think I can prove that he maliciously said what he did in the box, and I think anybody will see what effect this must favs. It is malice on the part of the defendant. I am the proscestor, and that man says I was drunk,

Mr RonceHe never said so. Mr Smith--He said so in effect.

Mr Reece-I regret he expressed this opinion.

to

His Worship--I leave the case as it i Mr Smith--I must have the summons disruises to have a status in the Suprema Court

Hie Worship-The application was not made to me in the first instance. If it had been I should certainly have considered is and expressed my opinion at the time. That is any opinion, I may be wrong. quessed my opinion

pondent of t ble evid

Hayilar in along its whole length. That was a totally all reasonable precautions taken for grad

Mr Smith Your Worship diemiases the acmmons.

His Worship-Jdo not entertain it. That is what I auid.

Mr Smith-1 venture to think that is not the proper course.

Mr Reece-The summons is signed by Mr Wodehouse.

Ilia

nant.

auclara, the the testigo or rulefectly besi di Point tertain

and the summons is that Mr Ough unlaw fully and maliciously did prefer and make * complaint against the plaintiff thereby obtaining summons without reasonable

Ho.

SUPREME COURT.

IN ORIGINAL JURISDICTION

(Before cling Chief Justice Fielding Clarke, and a Special Jury.)

Monday, July 29,

THE DISPUTE BETWEEN THE HON, O. F. OHATER AND THE HONG KONG BOTEL CO,

CHATES AND OTHMUSTES HONG KONG HOTEL, VO-ECNGÉONG HOTEL CO. 0.

LAMANMOHATER.

On on

FA,

en

be

cient

natiro

Dan |

L-

Bank, Wire,

On domand,**

30 days' sight,

4 month sight?

11

Uredita,

Documentary, 4 months'

Paris

On detasad,

On domand, N.. Oridita, 4 months' sight,

New York On demand, Credits, 60 days' night Witmard,

2:82

3,90

225

30.48

OHINA COAST METEOROLOGICAL

REGISTER. JULY 28.-17. 4. P.M.

JULY

Fumidity.

Winda

Wedder..

Gerezament del mermer.

Hongkong Observatory, July 29, 1669,

034

-0.38