1881-12-06 — Page 2

A. S. WATSON & Co. WHOLESALE AND RETAIL DRUGGISTS,

GENERAL CHEMISTS,

AND

THE HONGKONG TELEGRAPH TUESDAY, DECEMBER 6TH, 1881.

"

conduct the business to the entire satisfaction of the committee, it was resolved at a meeting of that body held about a year ago to accept the offer of three of the officers of the Club to "run the "sweeps

"for the 1881 races on certain clearly de- fined conditions. The gentlemen who so magnanimously volunteered to conduct the lotteries--for a con sideration-were Mr. A. Fuckeera, president of the Club; Mr. W. F. Deliveries in Town and Harbour from Whitehead, secretary and manager;

Manufacturera of the following "AERATED WATERS, viz : SODA, TONIC, SARSAPARILLA, AND POTASH, LEMONADE, GINGERADE, RASPBERRYADE, AND PHOSPHORIC CHAMPAGNE.

7 AM to 7 P.M.

Sares' MEDICINE CHESTS REFTFIED, PASSENGER SHIPS SUPPLIED.

Prompt Attention given to Coast Orders.

CANTON DISPENSARY,

THE DISPENSARY,

HONGKONG DISPENSARY,

HONGKONG. SHANGHAI PHARMACY,

SHANGHAI

CANTON..

FoocHow.

THE

Hongkong Telegraph.

HONGKONG, 6TH DECEMBER, 1881.

We have frequently had occasion to speak in eulogistic terms of the very efficient manner in which the present Acting Puisne Judge, Mr. James Russell, has performed the various duties which have fallen to his lot as a civil servant of the Crown. Mr. Russell was first ap. pointed to a cadet-ship in the Civil Service of Hongkong in the year 1865, and during his sixteen years service has acted as Government In- terpreter, Private Secretary, Coroner, Police Magistrate, Attorney-General, and as Puisnic Judge, and in each and all of these responsiblo offices he has given much satisfaction. Mr. Russell is a thorough lawyer, and in addition to his great legal know. ledge possesses a fund of shrewd, practical common-sense, which rare- ly permits him to drift into mistakes and legal difficulties. During his term on the Bench as acting Puisne Judge, his judgments have almost invariably been characterised by a clearness of detail worthy of all praise; and in but few instances have his decisions been cavilled at. However, as it is impossible for even the most experienced and enlight ened judges to avoid errors at times, Mr. Russell has naturally made mis- takes, and it is with the purpose of dealing with one of these errors of judgment that the present article proposes to deal.

and Mr. Xavier, clerk and bookkeeper to the institution. The conditions on which these gentlemen accepted what was nothing more nor less than a contract, were simply that, as re- muneration for their services they were to receive a certain percentage (how much has nothing to do with the argument) of the money earned as commission. As security to the Club that all lottery accounts would be punctually paid up to winners after the races, Messrs! Fakeerd, Whitehead, and Xavier agreed to deposit in the hands of Mr. W. P. Moore, the treasurer, the sum of $200. This was accordingly done, only with this difference, that whereas Messrs. Fuckcera and Kayier actually paid the amount in hard cash, their colleague induced the treasurer to accept a promissory note, backed, wo understand, by a Chinese contractor, although this fact appoared to escape the notice of judge and solicitors when the case was tried. The note was never paid, hence the action Moore Whitehead.

The defence raised by Mr. Sharp, who appeared for the defendant, was that there was no valuable consi- deration, that the whole business was illegal, besides both plaintiff and defendant being partners in the speculation, and that the defendant had nothing whatever to do with the management of the lotteries. Mr. Wotton for the plaintiff had evidently not been properly instructed, as he appeared entirely ignorant both of the actual facts of the case, as well as of the law which has been held to govern almost similar actions in England. The judge, in summing up, remarked that he was quite satis- fied that the $600 was nothing more nor less than a guarantee that the Club should get a profit out of the affair. The money was clearly given for an illegal consideration, therefore the action would be dismissed. His lordship further remarked that as something more might be heard of the affair, he would allow the matter of costs to lie over..

as a legal tender, the note itself, and the bona fide manner in which it was tendered and received being admitted. The third point raised by Mr. Sharp, namely, that the defendant had no- thing to do with the management of the lotteries, would not hold water for an instant, as hundreds of witnesses could have been called to prove that he acted as "auctioneer," and took a most prominent part in the proceed- | ings; however, this in no way af- fected the decision of the judge.

Now for the legal aspect of the casc. Mr. Russell decided that the money was given for an illegal con- sideration, and therefore dismissed. the action. Not very long ago a case cropped up in one of the London courts, to which we referred at the time, in criticising in the Daily Press a judgment of Mr. Snowden's in an almost similar action to that of Moore v. Whitehead. A certain captain in the British Army at Brigh ton Races requested a well known London bookmaker, or commission agent as it is the fashion to call the members of the "Ring," to back a horse for him in one of the races. The commission was duly executed- the bookmaker either laid the odds himself, or took them from some other fielder-the race was run, and the horse backed finished nowhere.

The gallant captain--officer and gentleman-refused to pay up, re- pudiated liability in fact when settling day came round; he was accordingly sued for the amount, and mulcted in full costs besides the amount sued for. There are many similar cases on record. Was not this clearly what is termed an illegal considera tion? The application of this deci- sion to the caso under review must be apparent to the dullest intellect. Mr. Moore, by accepting Mr. White- head's promissory note, actually lent that gentleman $200. He had no authority from the Club Committee to accept anything but hard cash; he is actually responsible to the Club for the amount he ought to have received. Mr. Moore holds exactly the same position towards Mr. Whitehead, that Mr. Charles Bush did to the gallant captain above re- ferred to; but the law was meted out differently in Hongkong to what it was in London. This should not bé. The law of England is the law of every dependency where the British flag flies, on all questions of this nature, and we can only attribute the verdict given by Mr. Russell in Moore v. Whitehead to the im- perfect manner in which the actual details of the case were laid before him; in fact, we should imagine it was clearly an argumentum ad ignor-

The Caledonian Ball, says the N.O. Daily News which took place last night was a very brilliant affair. There was a large attendance in spite of the mis- erable weather, and the decoration of the rooins was admirable.

We understand that the long pend- ing suit in which Governor da Graça of Macao is plaintiff, and Mr. Joha Pitman defondant, has been set down for hearing on the 15th inst. As Mr. Pitman is absent at Poking, a further adjournment will doubtless be agreed to. The law's delays are indeed in. terminable.

British schooner Jerfalaun will come out Tao Spanish stoarner Espana and the

of Kowloon Docks this evening. The steamship Crusader will dock at Kow. loon in the course of the afternoon; and in all likelihood the stormer Cleveland will go round to Aberdeen, where the German barque Anna wili undook. H.M.S. Olaop stra comes out of the Cosmopolitan Dock to-morrow moming.

The Shanghai Courier says:-The football match between the Detached Squadron and the Settlement cime off this afternoon at 3.40 nt, the back of the Cricket Pavilion. There were fifteen aside, and, contrary to expecta- tion, the Shanghai team, ifter playing pluckily won by a try to nothing. Sides were changed after twenty-five minutes

play. The rules observed were the Rugby Association.

We have received from Messrs. Kolly and Walsh, of Queen's Road, a very well got up now series of "Dollar tables run from 38. fid. to 48. advancing and Sterling Exchange Tables." The by sixteenths of a penny, and appear in every way suited to the require- ments of the present day. This is one of the handiest little books we have come across for a long time, and should be in every counting house in the co- lony. It is very simple, and, so far as our examination has gone, scrupulously correct.

China was duly represented at the late exhibition at Melbourne, and a medal has been awarded for some work dons by Chinese hands at Can- ton, The work consists of two pieces of embroidery, the subject of one pioce being two game cooks in fight- ing attitudes, and of the other two. silver starks wuding amongst water lilies. The work is said to be of a very high order of merit, and was exocated by a family at Canton who claim to have beon in the embroidery business for 400 years. The two pieces cost nearly $200, and were exhibited by a gentleman of Hongkong, who has just received the bronze medal of the exhibition.

The British steamer Dale Captain. Loff, arrived here this morning from Bangkok, having left that port on the 27th ult. The Dz'e reports having passed the British bark Florence Nigh. lingale, Captain Molatyro, on the lat iust, with her three topasts and bow.' sprit gone. She had rigged a jury fore-topmust and set a lower fore-top- sail. When sighted she ww stooring S.E., Cape. Padarau bearing N.E. by N. distant 28 railes. Comparing the dates and the position of the dismast-

A telegram dated London, Daceinber 4th, announces that 40,000 Scotch far- mers demand a reform of the Land Laws in Scotland. Numerously attend- el mostings have lately been held all over the country, in which many pro- minent members of Parliament have taken part, and a unanimous opinion has been expressed that the time based bark, it is pretty evident that sha como when Scotch claims to some am-

ount of attention at the hands of the Legislature must receive recognition. The Land question will be the first measure taken up, and then tho esta- blished Church grievance.

Let us take the facts, the common sense, and the law of the case in the order named. Mr. Sharp's contention that there was no valuable conside-antiam. On Monday, October 25th, the ration received for the promissory cause Moore . Whitehead came be- note is easily disposed of. Mr. Sharp. fore Mr. Justice Russell sitting in is a solicitor not an accountant; but Summary Jurisdiction. This case

he will have no difficulty in calculat- was a rather important one for Hong- ing what one-fifth of twelve per cent. kong, involving certain principles on $27,000 would amount to. These and interests which have been se- figures are almost correct-and the riously imperilled, and as the judge's result of the calculation above verdict-which we take to be an named is the consideration received utterly erroneous one, opposed both by the defendant. Perhaps he did to the spirit of the law and firmly not receive it all "money down," established and well-known prece but that was his own look-out, and dent-opens the door to a num- any 1.0.U's or promissory notes he ber of shady proceedings, to which may have accepted are perfectly unfortunately a numerous section valid, and can be recovered in a court of our thoroughly Cosmopolitan of law. It does not appear to be community would only be too ready understood that it has been decided

The fuangural concert for the winter to lend themselves if a favourable dozens of times at home, that money

season will be given at the Temperance opportunity presented itself, we have paid by one person for the gambling Hall to-morrow night, commencing at deemed it advisable to re-open the liabilities of another, is recoverable.

8.30. His Excellency the Governor question. As we are fairly launch- In the cases under notice the gentle-will preside, and the excellent pro. ed on our racing season, a more- men managing the Cosmopolitan grammo, which has been arranged, we fitting time for the discussion of Club Lotteries accepted vouchers believe, by Mrs. Hall, is as follows the various matters connected with from their friends on their own pri Piano solo..................... "Sonnambula." the case could not have been selected, vate responsibility, in fact paid their Chorus "Drink to me only with thine eyes" About this time last year there exist friends. debts to the Club on the ed in Elgin-street, an institution strength of LO.U's, &c. so that they known as the Cosmopolitan Club.. have a good claim to recover at law. It had been a custom for this Club The common sense of the case is plain to hold annually, in connection with enough. The defendant not finding the Hongkong Races, a series of race-it at the time convenient to hand the lotteries, or sweepstakes, on a rather plaintiff $200, induced Mr. Moore to large scale, in fact the Cosmopolitan accept a promissory note, backed by Tria Club Lotteries were by far the largest a Chinaman as security. It appears of auy

held in Hongkong, As the to have been a rather unique docu managers of the lotteries for the ment, but any surplusage would not race meeting of 1880 had failed to in equity have affected its character

Bolo Solo

Duct

"Kathleen Mavourneen." "A day's ride."

has fallen in with the typhoon ropart- ed by the Danube. The Dale also siglited the steniner Pernambuco steer ing S.W., and experienced strong monsoon and a high son from Capo Paduran to port.

We regret to hear that a telegram was received from Amoy yesterday by Messrs. Butterfield and Swire to the effect that the steamship Palhot had unfortunately slipped off the beach, and sunk in deep water. The top of her mainmast is alone visible at low tides. Particulars of this unfortunate mishap have not yet come to hand, and the occurrence is -undor the circumstances rather difficult to understand, How- ever it is useless indulging in surmises, "Good night." so we must wait for full details by .......ateamer. We also learn that the agents "Home to our mountaina." of the steamer here have telegraphed

"Oh, hear the wind blow."

from Marathon." to England for instructions as to whe "Come lads arid lasses." ther an attempt should be made to raise from "Fatanizza." the sunken vessel, and that no reply "Odd save the Queen."

has as yet been received. We should Soldier and sailors, for whom these en- imagine that in a sheltered spot like tertainments are specially given, are Amoy Harbour, there would exist very admitted free,

little difficulty in raising the Pakhoi.

Solo Solo

Solo

Duct Solo 8610

Solo

"Let me like a soldier fall."

The visitors to the City Hall Museum for the week ending 4th December, were:-European, 240; Chinese, 2 total, 2,385,

A meeting of the Linstead Memorial Committee is convened for to-morrow, the 7th instant, at 4.30 p.m., at Free- mason's Hall.

By the arrival of the British steamer Fokion from the coast, we learn that the German frigate Hertha was at Amoy on the 3rd inst.

Au Emergency meeting of United Service Lodge No. 1841 will be held in Freemason's Hall, Zetland Street, this evening at 8 o'clock precisely. Visiting brethera are cordially invit ed to attend..

We learn that the Ocean. Steamship London, and Achilles, from Liverpool, Company's steamers Antonor, from

both left Singapore, the former for this port and Japan, and the latter for. this port and Shangbai, on the after- noop of the 3rd and 4th instant, res.. pectively.

The insurrectionia Dalmatia would appear to be of a rather serious charac ter, a Renter's telegram received yes- terday states that a skirmish has al- ready taken place between the Austri- an troops and the Cattaro insurgents, in which the first named were defeated with a loss of twenty killed.

The British steamor Diamante, Cap- tain Cullen arrived this morning from, Manila, and reports that the Daring, 4, scrow sloop, Commander F. J. J. Elliot, sailed from Manila on the 3rd boat, Lieut.-Commander J. H. Oorfe,* instant, and the Moorhas, 4 screw gan--

arrived there on the previous day.

We have private advices from Manila to the effect that a now Patent Slip to. be erected there by Messrs. Earnshaw and Robertson has been shipped in England for the Phillippines. Were it not for the earthquakes we should say that a slip in Manila, properly managed, would prove a most lucrative ooterprise.

The platform of the old Patent Slip at Lap-sap-wan will be towed over to Kowloon Docks this afternoon by the tug Fame. We were glad to observe on a recent visit to Kowloon that the preparations for laying down the Slip were well advanced. It is expected that everything will be completed, and the Slip in thorough order to receive vessels by the end of February.

The Hiogo News of the 15th ultimo Justice French took place yesterday says: The funeral of the late Chief.

afternoon at half-past three o'clock, the coffia being borne to the cenietery by a party of men from H.M.S. Flying Fish. The deceased gentleman arrived in Kobe for the benefit of his health last May, and although strong hopss of his ultimate recovery were at first ontertained, it was, we understand, evident for some time past that the lingering malady from which he suffer-

ed mast have a fatal result.

His

Lordship exardised judicial functions for many years, and was appointed Chief Justice of Her Majesty's Sapreme Court for China and Japan in succession to Sir Edmund Hornby. The death of His Lordship will be severely felt in Shanghai, as he was ever courteous and

considerate both to the Bar and suitors. His judgments were distinguished by painstaking research, felicity of lan- gaage, and exhaustiveness, and on no ́occasion were the special attributes of his highly trained intellect more con- spicuous than in the well known Page case, heard, too, at a time when His Lordship was already suffering grie- vously from the disorder which termi- nated his life, while yet in complete possession of ripened faculties and abundantly competent to fulfil the weighty duties of his high office. Chief Justice French's successor whoever he may be will have no light task to avoid contrasting anfavourably-iu 80 no respects at all ovents-with the cultivated, courteous gentleman who met the common lot of poor frail humanity so far from home, but, hap- pily, tended by those whose ministra tions are never more grateful than at the supreme moment when life, buoyant with hope and aspirations for light, passes tranquilly under the shadow of death.