1873-08-15 — Page 2

"THE CHRONICLE AND DIRECTORY"

Fon 1879.

NOW BEADY.

U18 Work, now in the ELEVENTH year of its oxistence, is ready for de

livery.

་

THE DAILY PERSS, FRIDAY AUGUST 15TH, 1878,

China consteile No. 995, "deolired, stated

It has been compiled and printed at the Coyneil the words of which run: "Ic shail Jur, showing that the retention of the symbole ed, then, that a fight bad, bean going on beat 7 o'clock tant morning,

Daily Press Offiés, as maital, from the best and most authentic scores, and no paina -have been spared to make the work com-

plete in all respecte.

not be obligatory on the Court to decide on parte in the absence of the defendant, but it shall be at the discretion of the Court to isano a warrans to arrest bin and dotain him till another day appointed for the hearing of the case, and to attach his property." This a certain election, in combination with amount niors or less, of original mattor, com- ipletos tho undertaking, but there are some further points of importance for notico, which will be discussed at length on a future occas. orion.

In addition to the usual varied voluminous information, the value of the "CHRONICLE AND DIRECTORY FOR 1973

has been further augmented by a

CHRONO-LITHOGRAPH

*OF THE

FORSIGN SETTLEMENTs

SHANGHAI,

Bier of

THE VARIOUS HOUSE FLAGS (Designed asprezily for thin Wark) MAPS ·OF

HONGKONG, JAPAN, and of the.

THE COAST OF CHINA, besides other local information and 20- tistics-corrected to date of publication, tending to make this work in every way anitable for Public, Meronutile. and General Ocas.

Pass Office, or to the following Agents:- Macao Mésre, J. P. DA SILVA & CD. Swatore....... QUELON Bul CAMPBELL

WITRON, NICHOLLS & Co.. WILSON, NICHOLLS &C. HEDGE & Co. KELLY & Co., Shanghai. HALL & HOLTZ. KEILY & CO.

Nermea Froskew........ Ningpo....... Shanghai.....

Hankow and River Ports,

& Co., Shanghai, Nagaukt. .............. Tar C. &.). TRADING CO. Hoge, Oanha...THE C. & J. TRADING CO. Yokohama... Moters, LANE, CRAWFORD &

Mr. E. J. 3oss. Japan (razdi

HALI.& HOLT and Kew

Office. Maasra, 1. DE Loyzaga & On,

M RIDERO, & Co, Straite Times Olise, „Beylishnan Ofee.

Saigon....... Singanore...

Galenir. London

Mr. F. ÅLear, Clement's Lane

GEO, STREET, 30)-Cornhill.

Neesre. TRÜNER & CO.

37, Park Row..

IN BANKRUPTCY. In re A. Jorge.

Application for adjudication. The spplicant handed in bis soberale. He was now rougiving $175 a month. He was married, and had four children. De now owed $7,983.

His Lordship remarking on this state of fire,

Mr. Brereton, who appeared kar Lim, esid the origin of the difioultion was se modh ne seven years ago. Although nora fually receiving $175, be bad aut bimself been enjoying more than $100.

In re Che-wol-chaus and Chune-a-ping.

a

sen a

BEFORE THE How. O. MAY, AND F. W. MITCHELL, Esq. ALDHAPPING.

C.

A young Chinese, amed Wong-wab, native of Shak-lung, charged a Ohinese names Wong-w-won, with attempting to kidnap bimi to Biscas.

WAS

About } a.m. he want

nations will be more apparent in the time to famming, ita committal; but ne points which soTRE,

might weigh with the Court in dealing wish In your departure from Peking, you carry the defendunt. with you not only our bigh esteem, bat the regarda of personal friendship, and our best

We have the honor ta bé, " wishes for your future wilfare,

9ir.

Your obedient servante,

(Sigd. by) H. BranGE7,

· JOHN WHERRY, A. E. Low- Y,

J. J. WHITING,

P. R. FUNT,

1. W. PICCHER,

A. 1. J. SONELEZODDW¿KY,

D. C. MaCo,.

D. Z SHEFTRLU,

ÚKUNCEY GOODRICH. ohus. HENRY D. PORTER, Tientsin. CHESTER FOLCOM BIL, W. A. P. MARTIN,

Peking, July 17th, 1873,

TRIALOF MR. CONSUL CAINE. (N. C. Daily News.) H. B. M. SUPREME COURT, SHANGHAI, August 4b, 1879. Before Sic EDWARD Hoanny, Kr., Chief Judga

XPAN

His Lordship.-They are excuse whatever,

mitted. If I, as Judge, attach importance to if you (the Jury) find the concong been com thom, it is for my consideration whaber I will or will not mitigate, the punishment, but is really has nothing to do with the only question which is before you, viz., whether "bas oom- wisted the oot onde erizinal by stațate. Again, the conduct of Mr. Caine, in nok con- conling the taking and application of the money confided to his onre, sad in not abaconding after- iwarda, contot alter the naturo tho not; and if you find be committed the offence charged, neither of theau circumstances can or ought to affect your verdict. A crimo is not the leas In orims because a man does not weak to medik the onpsequences of it. It renmina til a erime, and as such is punishable, Hit what you love to consider te, was the busing in your opinion, a cue cf coax.m and able to distinguish between right and wrong-right. Did he appropriato hia own use, to pay his debta; was be not eatrusted with it, was it nos the property of the Crown, and had de any right, of shiutos of right, to apply it to pay his debts? If yon bod that prisoner had the intention to apply it to. bis own use, the law declare thas intention to Le freudulent, because it is against the spirit aud letter of the Act which was passed for the express purpose of protesting tbo Goverurient against the misaendust of its servanta lum charge like the present; Julgen doubt gives- the impression of putting the cue strongly against the prisonar, buse by has to explai the law, and in so doing uppeurs to take view bostile to the prisoner. I confess I would be very glad it I could bring forw ad ang locke given in evidence, er auy arguments urged in The defence, which appeared to mé to Lfford the faintest proof that the pri

souer

10

His Lordship-Unqreation bly, if your hivo any doubt the prisoner is entitled to it, but it tiet be a reasonable doubt,-not one of en- timent or fueling, but a well grounded doubt es to the galt of the act,

The Jury then rerived, and in a few iniutes

The Bails Press and could hardly open bin wonth, or give alok tauter-muld this be bad bere weable to anone het infera dins, bow he was to make money stand had munho, a 2a, be, begs uzorming the ovidence that they timoner was in the service that the prisoner tank the money, but, withoni

Hogereno, Avovar 15rk, 18: 3.

Corneel for defondant—I subunit thatistanta- mount to a verdict of acquittal.

Bis Lordship said it could not be that. Ho must ascertain what the Jary mexat. they agreed that prisoner lock the money ?.

Mt. Stagge--Yes, my Lord.

Were

TNOU EST. of Westminster; five parts from the Ordi- statule so long as the seller retning sotaal por

The adjourned toquest was held yesterday at "hapes and rules of the Supreme Court of session of goods said, with a right of lien for that, be was stationed at Tow-ma tee prilio.

the prive. In support of this be referred to station. Between 10 and 11 o'cook his atton. 4.45 p.m., at the Magistracy, before A. Later, this Colony, half a part from the cases do Tempest and Fitzgerald. 3 Bar. and Al., 620, tion was drawn to hearing a whistle blown, Ere, coroner, and the empanuoiled jury, Measra, cided by the judges of the Supreme Courts and with respect to delivery, he cited Meredith about 40 to 50 ohange off. He went to the . B. Falconer, B. D. Starkey, and A. Levy, on in England, and last, though not least, thorore ego, to show that there can be no de scene, what the lust witness pointed out the the body of the Chinces sugeronrgo named livery on beurd, ship under a bill of ladisz fret and the third defendants me thosd who Cum-a-lok, belonging to Siamese lugger, who did enddenly at 11 a.m. on the 13th inst., is solitary allusion to some order promul- unless the bill of lading was made to the other bad beaten him. He at onse aseisted to arrest gated by the GOVERNOR GENERAL of India in party, Holas quots Carry and Anderson, them, and took them to the station. Be loura hoving complained of cramps in the total Captain H. Aron Spreckelsen; sworn, stated of property to unreasonable time amounted tween thejunk people, bat he had not beard it. to taking a delivery, hut it, went to show that M. May said he could not understand how he is master of the Siamese lugger Sophia; the had they been rutained only a short time a simple whiatto could be heard that dictance, deceased was supercargo's olark; there is alan'n this would not have astiated the statuto. There and great fight should be going on and not hiresc supercargo on board. He has beau in did not appear from the circumstances that Le bond. How suny constables were there the barbour about two months. During that time deceased has tren on abora's good Goul there was any onmatrnetive delivoty, but if there in this station P

Inspecter Strond stated that there were four Intely. He was a great opium amoker. At was, it was paly on board the ship; and it was

6. on Tuesday, the 13th, he saw deceased au not pretended that defendurte had the symbols Europeans and thirteen Chineso in the station. of property Regarding the opium sent to PC. Fremun, No. 33, sworn, atated that he deck, apparently well, and at about ? o'clock, Shanghai, It was stored in the Bank in the name tween 10 and 11 o'clock the last witness brought being about to sail, the superoargo requested

the bankrupt, and he was the owner of the third and seventh defendants to the atation, him to remain moored, a deconacd the goods, and he was under obligations to they were both badly cat, especially the seroth sick. He went down and any desoused, and Baseoons only in so far that they were re defendant, and the third was charged with es saw four man bolding kim on the deck in the sponsible for the margins. Sassodas, in fact, saving the seventh defendant. As be war Chinese cabin, apparantly in the ramps. He made the financial arrangements with the getting the boat ready to take them to the chop, was unconscione and was atraggling violently. Book, but they took Chinoy as responsible the first witness tutae raaning to the station, This fit lasted about ten minutes from the tipie far the murgies. This was the only sinstruc-and reported a light at the village. He left the he went down. Fle then became all right, und tive delivery, and the aller never lost the third defendant in charge of police in the appeared very well, Pho atenuer Malucon arrived at Shan, bai on lies for the price, and would never give it up station, and west to the villaze; as be did down again, and asked him how he was, and bo fr addition to a Chrome-Lithograph Plate the 13th instant, and the steamere Yangles and accent on receipt of the price. The objectao, he saw the third defendant ranging into a said he had a pain in the stomach, and was ne

Mccon left that day. of the

of the statute of fraud is not morely to ssante bout builder's shop, baving moped from the bus before. A shinamat, whom he took for a

R. v. GEORGE WHITTINGHAM CAINE. NEW CODE OF SIGNALS IN USE

Backstone'e. well-iftwn comedy, "Murried people by written contracts, but to let the out-station, is there went after kin again and doctor, came on board, and afterwarde went on side world know the position of affairs; and it arrested-bim; the rest of the defendants, creopt shore. At 10''clock he went down and saw him,

For the prosecution, Mr. BxXIX. Life," was the piece do résistance at the per would be neca from the evidence that there was the fifth, whom he arrested, we brought to and be was the same, at 11 leek he was in AT THE PEAK

Gimmance of the Lewis' Dramasio Companything but oral teatimony of any of the alleged the station by other countables--

formed-by-to-chiol-wont-that deceased was For the defence Mr. Rournavn. Wadaesday evening, and was very successfully contracte. His learned friend made soncessions First nad second defendants said they betong-dead. He went down and found he was so The following Jury was ompaunolled given. The plot of the piece is very light, whist be (Mr. Hapliar) thonght fatel to his ed to slope, and were arrested by the rat wit. Deceased was an elderly was, unt ebrong hebat Mars, W. Papps, A. J. Little W. Howie, Chut Consiste in nothing more than a series onse, Hendaitted that till 24th Jamatory be nesa out of their shop, and did not mingis in been on toand two years, and had not been siel C. J. Skeggs and P. F. Pemberton, Menare f conjugal squabbles, which urise among Ead no opiam anywhere. After hearing some the fight Third defendant admitted having before. Heaw him at breakfael, messing with. Welch, G. Lewis and J. Kaor being chat- variety of people and from a variety of cases further argumente on the point that opium beer brested, and escaping. Fourth defendant other Chine. There had not been any qurolonged before all the panel was called. The moral of thepiece is that married people, like ime-bargains were invalid, as being contrary said he soldier stationed at the Fat-sham or disturbance ou bure.

The indictment against the defendant may be summarised as followed: athers, we support, must give in to a reasonable

to public policy, his Fordship served his station, and only came to Tow-nah-tre

Io guswer to Mr. Falconer, witness said be

3-Larceny of money cutrusted to bim, extent to one another's little poculinities. Thore

friend, and was arrested for looking on. Pifth had 18 Malays on board; the Malays and decision. is a bye plot giving a certain amount of sab.

་་

dufandans said he was a doctor, and went to see Ohinese do not get along well but-his-crew 2-Troony of money in his powdersion,

3. —Embezzlement of public moary,

was not guilty of the offence of stance to the piece, in consequence of M., Samuol

friend it the boat builder's shop, and did not utterly, hud got on well. None of the Malaye Cvildlo (Mr. Andrewa) baring committed tha

miagle it the fight. Sixth defendant said bebeve their wives on hoursă. Last royale &

4-'raudulent application of public money. frauduloat appropriation; but I should neglect

(Conclusion of Report)

my duty if I did not clearly explain, as I hare triking oversight of marrying Mre. Cuddle

belonged to seventh defendant's salt jank, begoarrel earned on board-in the harbour, in con (Mrs. Lewis) in England, while a certain your

longing to Chan-chow, and trying to get the sequence of some pigs, and the Malay delend-

Hia Lirdship then wid:-Gentlemen of the endeavoured tin, to what frandalent applian tady, on whom he bad conferred the same favor

junk in did a little damage to the third defendant at the Harbour Master's Const got six Javy-The fasts in his case, fortunately for tion amounts; and it is your duty Lo Bay The Directory is published in

Two years previously in the West Indies, was

aut's junk apology was made, Eat third defend months bard labor, and is now in gaol. This yon, are very alaple. It has been provel that whether the prismar, in applying this money, stil slive. This fact coming to light, as such Forms, Completo at 55; or with ́tho Lists'

ant and bin orew attacked them, and severely man (the decenaed) was not a witness in the the prisoner was Her Majesty's Acting Consul as he confesses to have due, has not co- facts do come to light comedies, to the curse

beat the seventh defendant. Seventh defend case. He was not on board at the time.

at Hankow. In that capacity be bad the cus-mitted the effimos of which he stands charged. of Rasidcate, Port Dirvatories, Maps, &c., of a dinner party, where the murried couples

ant mude the emme statement as the airth. To Dr. Wherry-Witness and deecaser never tody of the money which he is charged on one There is no dubt that he has taken the money at $3.

are assembled, natuully causes a disagreement,

The mae was then reminded to the 15th, and had its before; in the present one doceased up count with having feloniously stolen, on anothero is equally little doubt that it was money ontainsting in a mutual exit on the part of air. Orders for Copies tuny be sent to the Daud Mes. Doddle, which causes the remaining

defendants, except the first and third, were ad peared to know what was said to his up to 9ther with baving embezzled, and on another entranted to his care by virtue of bie offer, and mitted to bail, R5 each.

otok, when he did not appear to understand with having fraudulently applied to bis own that he has nad it to pay his private debts married couples there assembled, apparently

bit was said.

us and benefit. That prisoner had the cus with; for his letter to Mr. Hammond estab from mere force of sympathy, to commence

In reply to the Court, be stated that the

To Mr. Falconer-The Chinese crew break-tody of this money is evidenced not only by hisbes a these facts, and there is ample ex- aberely apon divers grounds, and paic by pair amount borrowed from the Orphan's Treasury

inst at 7 u.in,

the enahbook, which he kept, but also by the trinsic evidence heaides. It is for you to say to unke their exit, husbands and wires of $2,000 on security, was to pay for losses on

To Dr. Wbarry--Previous to this deceased quarterly Recoont, which, as a Consul, he was in applying it, be has pommitted the offende vowing that they will neither see each other rise. The skrupt gave particulars of other

looked quite well; did not know whether be bound to transmit to the Foreign Office, and mentioned in the section of the Act which I The bhobelors all meet, and great is the lawena-

all this further admitted in the letter which have read over to you sad you will give your amounts, borrowed to pay losses, hense-rent &c.

had taken sainshu, tation at the troubles of the previous night,

His Lordship commented with some severity

Koa-a-wan, declared, said he is superargo you have beard read by the learned Counsel, ad verdict as bouwlle men, arindful of your Ogolle especially being in a state of trepidation on an item of 8108 for jewellery, which was

on heard the Siamese lugger Sophia. The de- dressed to Mr. Hammond, the Under Seretary solemu oath to give it according to the evidence. Counsel for the defence begged but bis at shut uppears now to be the certainty of the bonght after the bankrupt was irretrievably in Jomphinant stated ten days ago be czue to cereed was his clerk, but no relation to him. of State. In that lotter, prisoner unquestiona- lady of the earlier days being at home during debt. The amount, appeared, was for a Hongkong to see his uncle, shom he found by He has known him for three years. He was bly admits that he had these moneys, and that Erdship would remind the Jury what be bad this time. However, he luckily discovere that atob and cauin, and Mr. Brereton said that being shown at the Tong-kae barber's shop. At a constant opium anoker, and given to be appropriate them to discharge certain forgotten to do, that if they had any doct ileary Dove is possessed of the valuable secret at the time the applicant had just bud a rise the said barber's shop the defendant lived, and drinking. He kept these babite up as usual personal liabilitice which weighed on his. they would give the prisoner tise benefit of 16 that the fire marriage was illegal, and seizing of salary.

getting into conversation with him, the defend- to his death. At Ga.a. on the 12th instant Now the Act under which he is indicted hot of his witness to the serious damage of a

Mr. Brereton said he had done his nuoat ant udvised bi to go with him to Macao to make deceased was anwell. He had been complain. is the 24th and 25th Vic, section 70, which Overy deeds cont which be sports, laga bim out, to settle the matter ourside, but ultimately the money. Hoaccompanied defendant to the Macdoing as early as 'dock in the murning, so he read to you That whosoever, being on with the view of clearing up matters with his the Bank ordered him to retire, as it was strict, steaming, when some Uhinese me to him and was told by the Chinese cock. When he got ployed in the pablis service of Har Majesty vito. After some amusing bye play, the seone rule with them that a man should save to leave asked where he was going, and be made anewer on board at 6 n., the deceased was so il and intrusted by virtue of such employment trainutes, and we are then introduced to the if he got into difficulties

to Mons, to unka money.' It was hree days that he could, not speak to him. Towards 7 with the receipt, custody, management, or con lamentations of the ladice, who are assemblat

His Lordship. And a very proper rule, too. luck when be first saw the defendant in the o'clock be reported the fact to the opptain, astrol of any chuttel, money, er valuable security,senta aoto to bis Lordship, which Counsel for i couclove, bitterly raing their separation frou The applicant became insolvent by a bad epecnarberaber. Both timasif and defondant took soon as deceased got in a aurt. of Kl. Deceased shal embezzle any custtal, money, or valuable prisoner applied to know the contents of, urging their woree balves. Of course, after the usual lation, and then went on in a course of rocklees malast the barber's sharp, and having consented could not speak, and appeared to be in pain, sa accurity which shall be intrusted to or received that otherwise any answer would amount to a

amber of mishapo, misfortunes, and misunder- landings, through which the plots of comedies gas. This was one of the wretobed to go with defendant ca the sight of the 12th as to not understand what was anid, to him, or taken into poreassion by bim by virtue of charge given by the Judge to the Jury not in cases that ought not properly to come into any instant, defendant slept there that night, and He remained by the deceased till death. The his cuploymens, or any part thereof, oriu any the prescueo of the partles. He claimed that it bare to wind their away, a general reconciliation Court His Lordship said, in canelumon, that next morning he accompanied bim te some devensed appeared to revive a little after being manner fraudulently apply or dispuse of the was nound at home to have such a commables- . BATE, HANDY & Co takes place, and all ends buppily in an ap he would adjudicate applicant bankrapt, but bcuss, where be took a meal, but did not know rabbed. Had only one fit, and died at abour

same, or. Ang pars thereof, to his own use or tion read in Court.

Is Lordship Jeclined to comply with the San Francison. Mr. L. P. Fiszcz, 21. Mar-propriate epilogus given by Mrs. Lewis could not give bim protection, Possibly, with where the house waa. At nearly 2 p.m. the de. 10 o'clock. There had becefiu quarrel on board benefit, or for any purpose whatsoever except:

chants' Exchange. Nate York Mosare. S. M. PETTINGILE & Cuddle, given by Mrs. Lewis, and it in protection, but at present he could not.

The chief character of the piece was Mrs.fall explanation, he right see his way to give fendant took him to the Mincas steamer, where, with deceased, nor was be on ill terms with any fur the public service, shall be deemed to have request, but directed the Clerk of Court to take after being questioned, defendant was pointed body. The docessed was all right the night felvaionaly stolan the asino from Her Majesty." to the Jury the sections of the statute, na the needless to say neted with greas, taleut. Her

eut by him, and arrcated. His mother, Cha-a- before to all appearance.

There is a presione section, 69, which retore to only anewer be could give thein:

The Jury returned in bont half am bour delivery the epilogue was a piece of very

mocy, who was dead, bad relations in the Colony, Ko-a-ki, cool to the Chinese on board the "stealing or herceny" in almost the same words,

His Lordehip-How say yun, gentlemen! fine oratory, and fairly brought down the hour?

Mr. Stephens, who appeared on behalf of the one a mastor of a tea shop called the Kai,sbing. Siamese logger Sophie, declared, stated at 10 instead of to "embezzlement," which after ull} Mr. Herberte as Dismal, was bankrupts the former con. he could not him. The defendant dip., on the 11th they all bad supper together,ja stealing. If, therefore, you are of opinion from Mr. Skeggs-We are nonimous in sing towards the mudiedes, without eliciting a roto by arrangement ragarding the amount due Macso. The nun who spoke to him on hourd docensed complained of pain, sad groaned of Her Majesty, that he had by virtue of his office un fruudulent intent. of laughter on scaunt of bis forlorn and to the Crown, and be therefore applied that the Moose steamer was an informer, named Dae Chean-mau-chik acraped him with a cash, the costudy of the money which he is charged eminently miserable appearance. Mr. Tay-

and he did not ses bio get ip again, and did with appropriating, and that he did fraudulently Fot, ua Heury Dove, was very clever and they might be made bankrupte, and Iben the Poon-ako.

bnte dne to them could be collected, and Chakrok-fun, wager of the Kai-bing tea zoteo, he was told. He was quite sare decoused appropriate the wineys to his own use, or humourvue, and showed a thorough appro-bey could see if they could pay the sum. shop, declared, stated that about six days ago did not go to bakiast. The deceased wis even for any other purpose, providing it was not Lotation of his character, while Mrs. Dore

the public service, you must find he gailty of After asking a few questums, bis Lordship the complainant came to the shop and naked well liked on boned, HAVING made sorse preliminary observations vs. Bryer) acted with great epirit and intent.said for the purposes of the bankruptay be for his ancle, the relation to Cha-a-moey, and To De. Whurry-The deceased appeared in the offence charged. That offence, fraudulent

The other parts were all well and contientious-

appropriation or application, is more particu. great pria is 2 am, and could not give Dyrly charged in the fourth count of the indict with regard to the proposed new Codely performed. The performance concluded with no objection to grunting the application he told him he had left.

for adjudication, but without protection.

Chun-kee, declared, stated be is a barber, auswer. Civil Law, wo vill now pressed briefly tory langbable notical farce, "Ton Blue

employed at the Youn-bok barbor's abap. He Dr. Why, awera, stated the body of de-wout, although nader any of the outate you glance over, the more important details Jackets winding up with shu chorus of the

Tara Bjorling.

rrows the complaint, he was brought to the ceased was brought to the hospital on the 12th, may find his grilty of stealing the mosey, for "Star Spangled Banner," which was enthusi- Application for adjudication. The applicant abop four days' back by a barber, who knew the at noon; he examined it, and found it that of the auction says that in alt cases be shall be the draught drawn up by the Attorner natiently received, and was followed by the Na-stated that be bad come to this from Amay master, Rand Asked in allow the complain. In adrit 40 years of age, well porrished, deomed to have cloriously stolen it, fraudulent General

tional Anthem, the audience loudly applaud-about 12 months mo, to seek employment, andant to stop there, as be had no friends. Ou but face pale, Thero wero Chinese cask sppropriation amounting to stealing. But you because bis intention of veturning it has no The index-no small consideration-is caring and heartily testifying their thorong ap had been for some time a broker. When he the mining of the 13th instant be sue the marks on the body, and a few marks

only have some difficulty, after what yun baro fully compiled, complete, and accurate, adfciation of the whole performance.

left Amoy he owed about $500, and had paid complainant and dafeadhnt leave together, but the ancle, whleb might bare occurred in getting heard from the prisoner's Counsel, in making off about $200. Es had been living at the rate nover board any conversationi

into the bont. He made a post mortem ex. up your mind perbapa as to what constitutes ir of about 8150 a month. He applied for adju Poon--kwong, the informant, employed foramination. The heart on tas right side was fraudulost appropriation or application," dication becuase judgment bad been taken out the prevention of kidnapping, stated he went full of blood. The longe was cougested very and this itie my duty to explain to yon. Frande. against bin in the Summary Court by Mesars. on board the Musso stesider soon after much, and the stomach was congested in parte, leat appropriation is the wilfully and know. Lummer, Atkinsen & Co. His Lordship adju. o'clock, abe having orly just arrived, and saw and eaten away. It catuired a few ounces of ingly taking the property of another, without dicated the applicant bankrupt, bat refused to the defendant come on board, and heard the Anid. The liver was somewhat torpid; could his consent, without any colons of right to it, defendant say to complainant, "Sit down here."! not assign the cattse of death at first sight, and holding or asing it as one's own. Prisoner's He then went to complainant and asked bude las examined the contente of the stomach, sounsel dwelt on the absence of fraudulent in where be was going, and with whom? and be but without result. He has also examin- tention at the time the money was taken, and the aid he was going to Masso with the defendunt, ed the spine, and fuand disense of the prisoner's intection to resay it, and cited pointing him out, adding defendant was master kidneys for some time past. Should any passage from "Russell ou Cranes" with regard ofa ohandler's shop there. He aid to him; from what be bus tourd described from the to a servant parloining and redeeming plate; HEFORE THE Hơn. C. hay.

You and better take care, else you will be other witnesses, inflamation of the kidneys was but that passaga he did not quote in its entire kidnapped to a barracoon." The complainant the ounse of death.

ty, and I wist now complete it. Following what 5th April, 1848, when a local legislature vastaka erat at the table. It then appeared that

ENDANGERING LIFE.

asid be had no fer. He than questioned the The jury returned a verdict of "Death from be read, it says

"But where servant was indicted for sleading, Dounsel to defendunt eaid this was a most Acting Sergeant Williams, No. 46, in charge defendant, and be devied any knowledge of natural causes."" established in Hongkong, and he also give the defendut suffered from deafness, and his of Causeway Bay Station, charged two boat complaint, or of his having brought him ou

silver sauce pan, which had beon pledged at a extraordinary way of taking a verdict: The interesting particulars with reference to the mordship suggested that under such croun- women with making large fires on the beach, to hand, seeing this. he gave defendant into 1

pawnbroker's, and the counsel for the prisoner finding of the Jury was, he believed, that de asked the Jury to consider taksiher he took it for Cendant bad taken the money without any establishment of the Supremo Court, nstances it would be better that defendant should ban the bottoms of their boats, endangeringenstody.

the liree of gentlemen eud ladies driving on Defendant was then questioned as to whether

2nd August, 1873.

lonichsly or intending at the time he pawned it to fraudulent intent Did Le understand he with regard to the local ordinances. Siwe Mr. Hayilar said that be thought there was the road, by the sadden glare frightening the be would be tried by two Magistysten or

Business is very dull indeed, which is to be rede is a 2003 as hecould, Gurney, B., in sum Lordship to refues to receive that verdict?

His lordship-No; I want to uncertain what that day the Imperial Acts incorporated use, reason for his not being represented-and horaet.

scut to the Express Court where his case ascribed almost surely to the interference with ming up observed, yes will say schother the pri to an extent, been made coufurable to tie proceeded to state that there was no issue raised

Mr. May recommended defendants to go to would be tried before a jury, and be answered Transit Panege. I suspect you will see a great ooner stole this property or not. I confess that of the Jery menn. Are they of opinion that the wants of the place. Aliusion is made brily matter, brever, was extremely simple. The Fined 5) cento čach.,

s yet. The defendant merely appeared. The some place where there is no traffic of horses. be proferred being tried now, la his defence, failing of in Shirtings, and indeed in almost this doctrine of an intention to’redeem property is prisoner bad fraudulently applied a part or the to prevail, Cours of Justice will be of very little whole of this money to his own use? That be said three days ago he came from Wai-chow every item of Impoata to this port in the next The A mare glorious doctrine for luleves it would was the offence created by the Act, and the aut to certain considerations which culminaoney, $1,000, was sought he recovered on uc

and took up bus lodglugs at the barber's shop. issue of the Castons Quarterly returns, In in the introduction into lalla of the count stated, on the broad money"desandwel

be difficult to discover, but a more injurious doctions of the Act ander which he was indicted. The man Ho-a-tai, boatman to Mr. Degenser, Gambling was carried on in the shop amongst fact, the future of the part is meanwhile, much trine for honeal men not well be imagined." Counsel for the deferce repeated that the money had and used.

The facts were. Air. was brought forward by hspector Gair-reater the barbers and complainant, and he lost a pair by loaded. We can only wait and hope that intention must be colented from, bie Jury had already negatived any fraudolent in- known code of civil procedure, and special 'Toole was owner of the ship Faugh & Balaugh day, charged with onusing the death of a boat-of shoes; he suspected the complainant, and uc brighter days will come. The weather bus buen nets, and although it riuy be perfectly true that tel attention is given to the labers of the Rigal It was arranged between them that Mr. Mooney on sumed Chan-a-ling, on the evening of the eased Fim, and he acknowledged taking them very hot during the past week, the theremome the man was under the tumpression at the mo Counsel for the prosecution quoted the cas Judicature Commission, from whose Brattheuld be captain of the re-sal on her return 12ths instal. on the wharf in front of the P. to psy dis gaubling debts, bat said he would ter standing in some houses at 100 Fahr. The het but he was ast commiting a crime, 7 of the Chaseny. Mon, 25 L. J., M.C. 60, to abou

from a trip he was on, and Mr. O'Toole being & O. Co.'s fices,

be willing to pay, and be would take him to average may be act down at 95, dropping only the facts are such as to show that he did take that the question of fraudulent intent was held port a lengthy extract is made, showing, mucb in wunt of money with regard to the Inspector Gair seked for a remand, pending the Mamo stastner, where he had a relation, a to 90 or 29 deg, at night. One case of the wouer and appropriate it to bis sawa as it to be answered by the statement of the prisoner among other things, how touch reay, be doo vessel, ked the Harbour Master that Captain the conclusion of the inquens, adjourned sine die buwket, and from him be word get the money: Entel aanroke occurred on the 30th all must be a very stage doctrine which would that be had applied the money to his owu Ust as the very commencerment of a suit to pre.Mooney should be placed on the register as for more cilenes.

master, and Mir. O'Toole borrowed from Capi The case was then remanded till Saturday After considering the evidence, the Maglappusite the Custom-bones, where a mid- make the intention in his mind to pay back at though the fading of the Jary rus quite dif-

dle-class Chinaman fell down. He died twe some future time, justification for such a wrong- ferent. vent unnecessary litigation, and offering rain Money $1,000, the Moxey being next.

trutes told defendant that they bad come to the Bours afterwards. The treatment adopted by fat sot,

His Lordship said the questions for the Jury tain valuable recommendations towards a borrowed on the giving of an appoint

THE COAL CASE.

conclusion of anoding bin to fifteen monthe the native practitioner who was called in was The case in which three Chinese are charged hard labor. ment, which it would be shown Mr. Toole

Counsel for prisoner would ask his Lordship bere were, was the prisoner in the employ of cad. The Arober-GENERAL then read really no power to give. Captain Mooney by Thomes Peareon, of the firm of Messrs.

pricking all over the stomach with needles. to draw the Joy's attention to the fact that the Queen; was be by virtue of such employ- Ekome cases of cholera bava also ocparred; but ceeds to point out the component parts of received from biri Tocia a promissory note. Landstein & Co., with tampering with the scales,

Mr. Bowler, of lessrs. G. Sharp & Co.'s, it cannot yet be said in have become epitiemie, the intention bere as express, not left to ment entrusted with money; and did he frau- Jalently apply or dispose of the same to bis his proposed code, and strongly urges big-payable with interest in one year's time. eage on again yesterday.

charged a coolie to Mr. Inglis, named Lowa One annnot wounder if pestilence became ram.

be interred. Hie Lordship said be presumed the only Inspector Crudook said that the third man chew, with being insolent, and calling him a

Hia Lordship will do so, but it is pain. own use, or to any other purpose than the pub- ing into fore the two draft ordinances up question was whether Mr. O'Toole should pay he had arrested is not the man who had bis Foreign devil.”

paat when he sees the masses of borrible filth,tal for me to dwell upon expressions in the lie service. If they answered these question that are allowed a accumclate in the native pended to it, untiely, for the abolition of the the amount now or in June, and whed whefoot in the zoose of rope attached to the scales, Complainant atsted that ile defondant oame

Jury to estimate the value of an intention er Mr. Bowie-Yes, but our difficulty is as to Summary Court, and the appointment father the matter could not be arranged

by the native us to the rice crops of the noigh-pressed after the act was committed. Frands- the meaning of "femudulent application" here. primé Judge.

We could come to decision at pace if we knew Mr. Hayllar said fais bad been tried, but up three who were at the scales, and would point gentleman lived, whose name was on a letter bourhood, en that we are diaposed to cherish lect appropriasion in, as I baro said, a willul suveestally. The fact was the veral could bin out if he could be found; but this man was He told him be did not know, when the defend- The new code will not apply in case of aut be given to the plaintiff, and Capisin yet at large, and he was afraid out of the sat, in very insolent msarer said, "Wint ? hope in that regard, It way by-and-bye vond and fulanioux taking and approprising a

us a part of businees which we greatly need. other's property without a colour of right and Hia Lordship skid be bad already told them bankruptcy, probate, or admiralty, or in Mooney now found biterif without employ colony; yet he End hope of procaring more This letter has been written by a foreign dovil pending suita except by consent of the parles had said he would return the sum, and this

ment, and minus his $1,000. The defendant valuable evidence.

without the consent of the owner. The ap. that in summing up, but as be had noted the like yourself, and you, a foreign devil like the Mr. Pearson sat that the seventh defendant, reat, cannot read that ?" He told defendant

plication to his own ne vompletes the offence, definition, be read it again. "Fraudulent ap The Bhupate learns from Shashing that the as it were. When a man does this secretly, propriation or application is the wilfully and -and the assert of the Judgo, a provibn was equivalent to its coming into an employed by the Borneo Co. has only bere in that was not the way to address Europaans, Ten-shan rebels had laid siege to the district that secrecy is an evidence of his fraudu knowingly taking the property of another with-

which, though apparently reasonable, seus connt stalet The learned counsel quoted the Colony one month, and be believed that and his insolence not ceasing, he gave him into city of Sin-alung. They caus in all 1,200 lent intention, bat secrecy is not in by

aut his comment—without any colour of right to to us likely to lead to some confusion. It the case of Hogan and boo, to show that two years back he was up on a similar charge, custody.

it 2 Derson undertakes to procure say when soting as principal be was ordered to find!

wuy necesary to constitute the fraud. The it-and holding or using it as cas's own,' Defendant was fired $5, in default 14 days strong, and great oonfation prevailed in the

not the iras fraudulent because oity. The fire gates were strongly barred, and act is would be better, wo think that the appointment, which it is found at the time be heavy security,

Mr. Skargs.And if prisonertook the money the Imperial troops muured the wall, 443 p.m. is is done operly. So, in the same way, intending to'pay it back, was that fraud? dchinery should be made as far as possible was unable todo, and ressivas in consideration 1copestor Cradook said he believed" ateo

His Lordship. Unquestionably. sui of ones to be paid back in three that the serenth defendant had some interest The case in which a rive pounder charged force of the 1stter-twa bundred strong the immediate unfession of having dore.

Mr. Skugga-Astar as the "sidence went, it to contain everything material, and its sp-months, if he tail in the undertaking, the in as omall tool shop, where swall quantities another with wrozpling & kidnap bim toisened forth in five divisions, took the rebels by it, does not take away, or obliterate the taiat plication he left to experience, discussion, and other person will be able to recover back the of coale were purchased from simpana and Musas, same on again yesterday.

surprise, and scattered them in all directions of fraud. 1. mau unters my room and takea would appear that prisoner had a precedent for the necessities of individual cases.

money without waiting for the three months, cargo borts. He believed in tbh case that the Chra-a-sa, an agent to the Koog-chang In the pursuit, over ten men were killed and my watch off my dressing table, and walks off what he had done.

twenty cnpterad. Those who escaped with with sad dispose of it, and then writes and. His Lordsbip.-There was really no evidence It is special to be noticed that there and urged that the circumstances of this case coala were delivered from the ship right enough, rice abop at neno, depoel tant be bad re- their wounds were besides very numerous. In-tells me be bas dent 89, he is none the less ut all of that. The only mention of it was code is divided into ve parke, namely, girare lost entirely on all fours, with it

His Lordship bere arged upon the defendaut boat before getting alongside tho Praya to de- Hongkong. If hands were wanted, they quald formation has since been reserved that the 708gnity of stealing. If werebant entrusts his statement of belief (and that was not evidence), to 800 soldiers stationed previously in the city sterk with the pcamasion of money far ap made by prisoner in a letter bo wrote, and chapters, from the institution asut to the advisability of his attempting to burliver them at the godowns of Messrs. Landstein be got at Macao, hearing; secondly, four chapters from the to ac

row the money, or if possible to come & Os, and this rope trick was used to make The Magistrates convicted the defendant, bave been despatched in four directions, with plication to a particular purpose, and the clerk which could not be takes into consideration.

understanding with the plain-the remaining coals give their oñginz) tally.

Mr. Skeggs-I am afraid we shall not be ablé orders to destroy and eradicatoto rebel forous applies the money to paying bis own debts, and and sent him to twelve months" hard labor. bearing of a suit to judgment or deve; if If, the plaintiff leat the money on The cass was then remanded for a week,

The Yenshan Taliela are now, according to the writes and ays be bus done so, it dose to come to any other Snding.

His LordshipThen you must retire to re report, only 4,000 strong, and are principally not make him a bit the less guilty of onbessio bu thirdly, two chapters on execution; fourthly, the understanding stated, it wonk

only, right to settle the matter by giving

agriculturalists who have been invited to rise by mont or frundeleat appropriation, reither does consider it... Seven Chinese, named Chao-fook, Fong-a. A meeting of Justigen was held yesterday men from Tai-cher. Those who do not willingly the more offer of restitution in any way change. five chapters on foreign attachment china plaintiff such security as would induce him to leong, Wong-a-ping. Lai-mong-ling, L-There wore presect the Hon. O. May and join in the movement are coercad, and their the original character of the not committed.

The.Jury accordingly retired, and in 2.stort time sent to request that they might be faveur. against the government, bills of exelinge stay his band. His Lordsbip suggested that pn, and Lung-a-lin, wore charged by InspecW Mitchell, Eng

house burnt and destroyed. There are besides Fraudulent appropriation, embezzlement, ateulad with the note of the definition rand by his umudamus, and suite in forma paprie: perhapa an adjournment might take plass, with tors Stroad and Butten, with having a desperate

Mr. Bristow, of the "Divere Arme," ap: about 3,000 insurgents called Yen-fei. At Kwaning, or largury are all phases of the same Lordship, of "frandolent application.* a view to an arrangement, Mr. Hayllar assent fight at Yow-ma-ber, British Kowloon.

Ovans for the defence suggested the addi- fibly, three chapters on issues by agreeing, the cart adjourned for half an hour.

Chinese sergeant No. 285, declared, stated on plied to have the licence of the "Ozown and Tong-ling is a station of 300 Imperial troops, crime, and essentially mean the wrongla! ment of parties, reference to arbitration, and the defendant going to the Judge's phambers, the morning of the 13th instant, at 10 peloos, Anchar Tavern transferred to him from its which it was heard intended to attack the re taking of what is the property of another tion to the note of the wurda with intent to miscellaneous provisions... That portion set His Lordabip, an returning, conferred with Mr. he was sent by Inspector Stroud in disguise present, proprietor. Mariano Fernandes. Therebels on the fourts, and a flying rumour bae with the intention of using it for yourself, or deprive the owner of the property," but

Hayllar, and then stated that the case would to Yow-ma tee, to look after ths u Hoa-tai, being no útjection, the transfer was granted. now reached us that they obtained an import doing something with it which has the effect of Lordship said this was not in the section, nude for injuretions scome to us rather short stand adjourned to next-Wednesday, on an who caused the death of Chun-a-ling at the Mr. James McVeety, of tos "Union Tavern," in quantity though not defective in quilty, understanding acme to-but hoped be would P. & G. wharf, and on his arrival he heard a great applied to have the licence of the "Divers' victory, kiding over 800 sien."Daily depriving the Fightful owner of it. To hold for and he could not add to what he had sent to the

distrabase un board of u salt junk, wherein Asat transferred to him froin its present

SUPREME, COURT. August 14,

affords great assistance in perusing the oxir. Wo. notice, however, that there are a grai many inaccuracies in the references to putu ritice cited in the orgia, and doubt not his point will receive careful attention beru BEFORE THE HON. CHIEF JUSTICE SMATE, give him proiection.

ite code is fically passed. An interesting explanation is given by the ATTOKS BY – GYNE- RAL in the preface, of the extent to which he laws of England, and English procedure, wre made applicable to this Colony up to the

SUMMARY JURISDICTION,

Mooney v. O'Toole

Mr. Hayllar, instructed by Messrs. Francis and Stephens, for the plaintiff.

Defendant in person.

His Lordship asked whether defendant was presented by Attorney or Counsel, and on hie relying in the negative, told him ba bad hetter

lave bad someone to vepresent biru.

POLICE INTELLIGENCE. August 14th.

HOMICIDE...

be had also a relation at Mac1o.

INBOLINGS,

CHINKING. (Courier.)

His Lardship.-And that he did not-fran-

dulently apply or dispose of it for his own 184 The Act under which the offence was churg eð made the application a crime.

Mr. Skegge-Wa ony that be took the mo may intending to return it

His Lordship.That is a verdict of guilty, thing to do with it--it is beside the gucation. Counsel to defendant-The Jury simply negative the frend.

His Lordship said be sould not take their verdict in the form in which they now gave it. A Jarur (Mr. Howie)-Will your Lordship aawar one question, as to the effect of prisoner'a taking the money with the intention of paying it back again?

Hialordship-Unquestionably thatamonts

to "guilty." because it dyes not negativo the Frandalvat application.

Mr. Hovie. Then that is our verdict.

Mr. Little.-But we bould like to add, with a strong rumenilation to the leniency of the Court.

but he admitted that it was done by ace of the into the office and asked bim, where a certain clay. As yet no apprehensions are expressed letter of a criminal; and I would leave the in the affirmative they found him-guilty.

hard labor,

KIDNAPPING AGAIN,

but that they had been sold out of the cargo-ceived no notice of bands being, required frogs

THE BATTLE OF KOWLOON.

MEETING OF JUSTICES.

A

Nouga

SHAOHING.

PEKING.

tunt.

a moment that, because a man does a thingJury any dufibition not there, openly, or confesser what be, has done, or After being closeted over an hour, the Jury informe the party whom he his injured of the izturned, whee

*

but an entire absence of provision focuses not hear anything more of it.

the third defendant was taking principal part, proprietor, Mr. Bristow, There being no ob Farising under tresty obligations in ration Experts Hor, W. H. Alexander, the Oficial

Daily Wews.) He went to separate the combatauta, and blew Jection, this transfer was also granted

wet of which he has been guilty, the set becoureer. Skeggaannounced that they were unan. Mr. José Autonio Martce, bell-ringer qt th to rendition and other like matters, is cou

Araigne, . Ng-chap-ling.

tie whistle for assistance, when the third de

The following letter was addressed to Mr. deprived of its critainality, would, if generally inous in finding the prisoner guilty, but with admitted, wenken the confidesse between e strong recommendation to the mercy of the. Mr. Hayllar, instructed by Mears. Francis fendant snatched the whistle out of his hand Spans Charoh, Wanchi, applied to have the Low on his departure from Peking

HON. F. F. Low, spicysus, and seems, cynsidering the relations and Stephens, appeared, and stated that be up- and threw it into the water, and several ion licence of the Old House as Home" Tavera

ployer and employed, and low the sense of Court U. S. Minister is "Polting,

right or wrong which keeps society together Prisoner, being asked if he had anything to of Hongkong to Chan, a somewhat svious plied for ample is to euter a non-suit, having unde to beat him; the third defendant struck transferred to him from Mr. Logan, the pre Beat proprietor, as the latter intended taking a oversight. The substance of the Code, judg. leave to reserve. The uain point of the case was him on the head with a rollock. He then ran situstion is the patio as at Canton Granto. Peking disire, is express to you, 24 pour de Neither is it of importance whether the prisoner bim, said be would only mention that be bad Sir-The American Missionaries resident in and whigh die ingashes the bad from the good.argo why sentence should not be passed poo the question as to the statute of franda. There away, and came back from the station with four ing from Lue references in the margin, apears wore to contracts relied on, and the setien constables, and the people fighting were calling.

parture from this city, their rose of the thought his set fraudulent; what he thought of been imprisoned for a fortnight at Sydney, and to have bees tairen somewhat as follows:-wes for goods sold and delivered. The two oat Tal-tah. The first and second defead. AFTER ALL-A marrings between a Catholic ability ducretion, and firmness which his act is immaterial. It is what you, as five was under arrest for six weeks on the way up His Lordship then addressed prisoner as About twenty-one parts from the code of Civil pointe relied on were (1) that there was zu ants were in their boats, thrusting at the sixth gentleman and a Jewish lady, not long since, bas characterised the discharge of your bonest men, think about it, and for you to any here.

written document signed by the party to be ami seventh defendants; one of them had an orely exercised the pious minds of some well-officis daties; and they congratulate you, whether from the act itself you are not bound Procedure, evidence, and other actu and rules charged therewith; and (2) whether there was old pistol.

intentioned people "belonging to the former as well on the leppy adjustment of to consider that it was fraudulent. A man follows:-The Jary have now roturned yet. of the High Court of Bugal foriginal jurisdic-such a delivery as took it cut of that portion of Inspector Strand stated that the fight, as far persuasion. Certain religious difficulties were many diffoult questione in regard to the might bug himself with the delusion that be dict, and sự far as my opinion is of any value, tion) then or now Sy force in British India; the 17th tution of the statute of frauds. The as he could make cat, originated in a salt jak urged against the nuptials, and for a week or work of Misatons, as also on the success which was not committing a crime. Then, as-to ex-I think it is the only verdict they could have goods were always in the name of the bank wanting to get on to the beach, where our so the matter was discused at five o'clock tea, has attended the efforts to acuto un audiouse cuss or justification for an act of the nature of returned. If I have been wrong in laying down seventeen parts from rules in the Supresu rupt. He paid the godown rent to, and bad smuggling, boats were lying, and la trying with more or less warmat, according to the with the Emperor of Ulina, without disturbing which defendant is charged. His Cunasel urged the law, or in the interpretation I uzre given, Court of China and Japan; three part from fall control over them, except so far as arose to do so broke the balwork of one of the partians present. Pooh poob," said u gen the peaceful relacions now Disting between this the treatment be had received from the to the question asked me as to fraudulent up- the report of the Royal Judicature Camis. from the order of the defendant in ship them jak The seventh defendant appears to have lean on one of these cocasions; "why in the and other nunntries. In all those schoessions Government, the delay in bringing him to trial: propriation, your Counsel will bave

He quoted Leake on Contracts been sjured in the leg severely, a lurge wound world wake nch a fuss about it? After all, we believe China to have beep not less the gain-Lut these are neither excuse or justification opportunity of applying to me, and, by sion, the Common Law Procedure, and other as an authority for the principle that there being there, and he bad to be sent to the how they will only be bound together like the Older than those nations by which the concessions Counsel for prisoner mail he did not present argument, inducing, me to declare this to

mad New Testament!"

yers urged. The matril benefit of these trans these considerations as excuse for the offence, be a fit case for an appeal to Her Majesty in Imperial Acts, and rules of the Supreme Court can be no delivery and receipt within tho' pital

to Shanghai.