1881-12-20 — Page 2

A. S. WATSON & Co.

THE HONGKONG TELEGRAPH-TUESDAY, DECEMBER 20TH, 1881.

rity ofthese functionaries are, wo submit WHOLESALE AND RETAILanequal to the duty thus cast upon them.

of journeymen Judges.

DRUGGISTS,

GENERAL CHEMISTS,

AND

Manufacturers of the following AERATED WATERS, viz: SODA, TONIO, SARSAPARILLA, AND POTASH, LEMONADE, GINGERADE, RASPBERRYADE, AND PHOSPHORIC CHAMPAGNE. Deliveries in Town and Harbour from

7 A.M. to 7 P.M.

SHIPS MEDICIRNG CHESTS REFITTED," PASSENGER SHIPS, SUPPLIED.

Prompt Attention given to Coast Orders.

CANTON DISPENSARY,

HONGKONG DISPENSARY,

HONGKONG. SHANGHAI PHARMACY,

SHANGHAI.

CANTON.

THE DISPENSARY,

THE

FOOCHOW.

Hongkong Telegraph.

HONGKONG, 20TH ́ December, 1881.

only to show how deeply ombedded in our national life is the idon of Trial by Jury, and how important and sweeping Nor is this all. It is the opinion of a change is that which is now con- the Committoo that, except in certain templated. There are, it may well be, specified casos, Trial by Jury abould be many cases which are beat tried before abolished. The mode of trial, they re- an Arbitrator, or by a Judge without commend, should be "by a Judge with- a Jury. But there are on the other ont a Jury; but, on the suminons for hand, a large number of causes of directions, or on the application of action in which, from their very nature either party, an order shall be undo it is most satisfactory for onch side that the causa bo tried by a Jary, if it that the opinion of a Jury should be aball appear that the questions involved takon. In the County Courts, whenever can conveniently be so triel; provided the amount in dispute, exceeds five always that in the following cases the pounds, either of the litigants is abso- right of either party to a Trial by Jury lutely entitled to a Jury. It might shall be absolute libel, slander, seduc- well be thought that the County Court tion, false imprisonment, malicious pro- Judges, who are, as a rule, gentle- secation, breach of promise of mar- man of considerable experience and riage." In other words, it is to be for discretion, would well be able, without the Judge to determine, in a large namnssistance, to try small cases up to the ber of cases, whether a jury shall be amount of twenty pounds or there- employed or not. A more unfortunate abouts. At present, however, the liti recommendation has never yet been gant in a County Court enjoys the op-

J

We are informed by the Agents, Mossra. Jardine, Matheson and Co., that the staumship Glansarn left Sin- gapore at noon yesterday for this port.

We understand that the rates for 1882 were assessed to-day by the Go- vernor in Council, His Excellency making no change in the scale of rater now existing.

The Wivern, 4, ironclad turret-ship, will be shortly got ready for a cruiso, and the officers and crew of the Pe- Edward F. Day, will be temporarily gasus, 6, composite sloop; Commander turned over to her. The Wivern will visit Canton,

When the Detached Squadron arriv. ed it was seen the Tourmaline was not amongst them. It was discovered that the propeller of the corvette was foul, when orders were given this morning is consequently coming in under canvas. to steam into port, and the Tourmaline

Messageries Maritimes Co. that the We are informed by the Agent of the steamship Oaus, with the next French Mail, left Saigon for this port at ten dent of the Eastern Extension A. & C. o'clock last night. The Superinten Telegraph Company courteously in. forms us that the Ozus passed Cape St. James' at three o'clook this morning.

The only case of any public interest heard at the Criminal Sessions yester- day was that of the sailor, John Perry, who was charged with the murder of a shipmate, named Thomas Findlay, on board the British barque Helen Marion. The circumstances of the affair will be fresh in the minds of our readers, so we need only say here that Findlay lost his life in a rough and tumble with the prisoner, who used his knife. Perry now pleaded guilty to manslaughter, which plea was accepted by the Attorney-General on behalf of the Crown. At the request of Mr. J. J. Francis, who wished an opportunity of presenting an affidavit in mitigation of punishment, Acting Chief-Justice Snowden deferred passing sentence until Friday next.

opinion as to who has the best of the There seems to be some difference of

recent arrangement re the silk dispute in Japan. A late issue of the Hiogo settlement of the dispute in the silk News says that, "Intelligence of the

trade was telographed. fo. Shanghai, and announced as a triumph of the natives. The North-China Daily News recsivel the information from Mr.

Bussan Kwaisha, who stated the re- Wooyada, the agent of the Mitsui

sult to be a complete viatory for the Japanese. The News, referring to this, hopes the arrangement that has been arrived at is considered as satisfactory by the foreign merchants as by their antagonists. We imagine that time will prove, if the fact is not already apparent, that the foreign merchants have much more substantial reasons for clairing a complete victory than the Mitsui Bussan Kwaisha and the other supportera of the attempted monopoly."

joined the Bacchante as cadets. Dur ing their first voyage to the West In. dies they were promoted to the posi- tion of midshipmen, and they still occupy that rack in the same vessel. In their croise with the squadron they. have mixed a good deal with the offi. cora of all the vessels, with whom they seen to be highly popular. They have to perform their share of the actual duties of the ship. They also receive rifle and catlass drill, and instruction in navigation, steam, and seamanship. They have to mess with the midship- according to report their birth and men and cadets in the gan-room, and station have not protected them from practical jokes and the customary horse-play. Prince Albert is represent- ed as a quiet, pleasant, and unassum- ing young gentleman, and his brother, Prince George, naa muore viva- younger cious youth; and both as pupils with keen apprehension; -

TRAINING NOTES.

A sharp bracing morning at the raço- course, with, however, only a very small attendance of sportsmen.

The dry winds of the past few days have taken the muddy element out of the training track, and the "going" is now first

class.

We hope to see the big roller at work within the next few days, as it looks as if our rainy season had at the wator cart and continuous rolling last departed; so that before long both will be required to take the "bone" out of the course. We regret to hear that the nominations for the Derby are, far below what we originally antici pated. We certainly thought that at taken, whereas we understand that least thirty nominations would be they barely exceed twenty. This is not quite so satisfactory as might have been hoped for; but the subscription griffins have proved so generally disap- pointing that we must even be thank- fal for small mercies. There are so many griffins with big reputations promises-notwithstanding the bound for Hongkong that the Derby de- crease in the number of nominatious takon-to prove unusually exciting. Mr. Paul, as of, old, heads the list of nominators with five standing to his namo, Mr. St. Andrews and Mr. Gor- don have four each, Mr. Kerfoot three, and Mr. Heury two,

made. There is a certain class of cases tion which is to be denied him in the which distinctly lend themselves to re- | Court of Queen's Bench. If he brings ference. They are those in which cross his claim for ton pounds in a Conutry accounts have to be sifted and investi-Court, be can insist upon a Jury; if he gated. But every advocate iu practice brings it for ten thousand pounds in is perfectly well aware that'nny attempt the Court of Queen's Bench, he is to to turn the High Court of Justice into be denied a Jury, unless his case fall a County Court must inevitably prove within certain very limited categories, ansuccessful. This, however, is in or unless the Court see some special effect the substance of the recommen- reason for acceding to his application. dation of the Committee. Practically. We doubt whether a course of pro- as soon as a writ is issued the plaintiff cedure thus novel will commend itself will have to go before a Master, and to the House of Commons. Trial by tell him what the action is, and what Jury is not to be lightly swept away sort of relief he wants; and the Mastor by a Committes of Jalges. It is na- THE beginning of law reform, says will then make an order, setting out tural, perhaps, that Judges should eu. the Standard, is as the letting out of how, in his judgment, the whole action tertain a poor opinion of juries; and it water. We can never even conjecture should be treated. There are, as we has, we believe, occasionally happond where it is. to stop. The Judicature have already said, or hinted, Masters that Jaries have boon sufficiently nu- Acts are at this moment not ten years and Masters. But the present pro- dacious to reciprocate the sentiment. old, and yet it is already proclaimed posal is to put into the hands of these But for the change now proposed no that the machinery provided by then functionaries a power which, we believe, sufficient reason whatever has been mast be modified. It has become of they themselves would be the last wil allegod. It is said, no doubt, that late years &

somewhat dangerous lingly to claim. It is not, however, causes are frequently put down for trial practice to pass Acts of Parliament the Masters and Judges who are alone which, when they come into Court, are whereby difficult bat at the same time concerned. The matter is one which found to be so complicated, and to in- important matters of detail are put into affects the public; and before Parlia. volve so many matters of detail, that a permanent commission. A Board of, ment reassembles it will be for Cham- reference is their only possible sola. Conservators is appointed to superin- bers of Commerce and other mercan- tion. The answer is, however, that tand the navigation of particular river. tile associations to consider whether early in the proceedings there should The Statute gives thon a free commiss- Trial by Jury is to be thus suddenly have been a compulsory order of re- iou, empowering them to make what taken from them. The Commissioners, ference. Because a certain percentago ever roles or byelaws they may think it is true, recommend that is certain of cases are unsuited for a Jury, we are fit, and further providing that these cases Trial by Jury should be a matter not on that account entitled to assur details, as they may be made from time of right. But the list of exceptions that a Judgo without a Jury is the to time, are to be deemed part of the which they give does not by any means fitting tribunal, unless the contrary be Act itself, and to be held as incorpora- reach the root of the question. Trial proved. It is possible, of course, that tod with it, unless exception should be by Jury ought to be a matter of right in some limited or modified form the taken to them by the House of Com. in all cases whore the character of proposals of the Cominittee may bo mons. In pursuance of this desultory either litigant is at stake. If a man adopted. But they will, we may be and haphazard method of legislation, brings an action upon a policy of fire sure, be regarded with extreme jea- which shelves everything by referring insurance, and the defence is that he lousy, not by the profession and the it to an Executive Committee, the has fraudulently burnt down his own public alone, but also by the House of Judicaturo Acts have (subject to certain premises; if he brings an action for Commons.-Standard. restrictions into which we need not being run down apon the Queen's enter) given the Judges powers to highway, and defence it that he was henceforth control the entire course of intoxicated and was driving negligently legal procedure. They can make ane furiously; or if he brings an action Rules, and these Rules unless challen- upon a bill of exchange and is met by ged in the Legislaturo, become an the answer that the bill has been stolen integral part of the Act itself. We and that he took it with knowledge are ready to adivit that, ander the old of the fact he ought surely, in each order, things went very badly; that of these cases, to entitled to go before "We fear that the Nippon Rice Club inordinate expense was put upon the a Jury, In each case his personal is likely soon to loss its Japanese sap. litigants; that the under officers of the character in involved, and it is moa- port altogether. We predicted this Court were not only paid liberal sala- strous that a suit in which his repu-sorne mou a ago in au article pointing ries, but also contrived to feather their

tation and honour are concorgod should out the various causes of dissatisfaction neste by a system of fees which, more be left for its decision to the deter- that oxist, but on the whole it was per- or less, amounted to black mail; and mination of a single Judge.

hapa impossible to reconcile the con- that generally things were about as bad We need not investigate the history flicting elements. Whether anything as they well could be. All these evils of Trial by Jary. We know how, would have retained the Japanese sub- were to be remedied by the Judicature originally, it was felt adrianble that cribers is, however, questionable. They Acts; and, as might have been expected, impartial persons with knowledge of could never have exercised any appre the first attempt to sweep out the stable the facts should do justice as between ciable influence on the affairs of the of Augeas has not proved altogether anbject and subject, and how, conse. Clab under existing circumstances; successful. We are now again invited quently, twelve good men and true- and, with a constantly improving in. to reconsider our outire system of legal liberi homines et lejales—were sworn to stitution of their own in Tokio, one procedure; and litigants, or intending take upon themselves the task of cannot be surprised that they prefer to litigants, will, we think, do well if they Judges.. Jurors, indeed, were origio-concentrate their strength there. They will carefully take under their consi- ally choson, not because they knew have their own ideas about the best deration, as business men, the style and nothing of the subject, and would con methods of improving the breed of method of procedure which it is now sequently decide it impartially, but Japanese horses; and, so far as we can sought to force upon as. There is rather because they were supposed to learn, Chinese ponies do not figure in much in the Report which the Lord know all about the subject, and so to the programme. The course at Toyama Chancellor's Committee has made that be able to deal with it thoroughly and is now ovorything that could be desired; favours somewhat unduly the preva- completely. The original mode of ac- and the excellent racing that took place valeat idea that law, like all ordinary tion was by duel, or wager of battle, there lately promises well for the fu-

was so pleased with the performance commodities of commerce, must! of ae- This rough and ready method of justice ture. It was certainly owing in a

that he immediately afterwards evinced cessity become better as we get it more was superseded by the calling together great measure to Mr. Kennedy's in

a. strong desire to "lemonade”: all' cheaply. It is accordingly determined of twelve or more Jurors, who were to fluence that the Nippon Race Clab ob-

round. Grim Death, Gaslight, and that the moment an action is com- return a finding upon their ouths, ontained so much Japanese support at

Pedrillo trotted about two miles, the menced the Plaintiff and the Defend. the understanding that they were a the start, and that gentleman's ap.

first named in a decidedly "dotty" ant shall be brought together before properly-constituted Court of Honour, proaching departure cannot fail to exer-

fashion. Flycatcher made his first a Master. The Master is to have acquainted with the facts, and trustcjes a considorable influence in the

appearance on the course for the a general look at the action; be worthy to do justice between the other direction. We understand that

season, and after trying his best to is to consider all about it; he is to de- parties. Little by little it became it is the intention of the Japaneso to

"back" the "Horse" out of the saddle, cide how it is to be tried, and in what the custom that Juries, instead of admit Foreigners to the Tokiyo Race

he went in such indifferent form, way relief is to be granted to each relying upon their own know. Club, and even to make them eligible ed from adopting the navy as a profes- that "Wild Harry's" cast-off empha litigant; and he is thus made, as it edge, should, like a Court-martial for the Committeo, &o., provided they sion owing to the constitutional posi-tically assured Mr. Paul on returning wore, dominus litis from its commence- call witnesses, and admit extraneous subscribe to the regulations and byo:tion as eldest son of the Heir Appar- to the paddook that the pony was no ment to its end. There are some few evidence; and thus the presont system laws of the institution. In other words, ent to the Throne. The Princes recei- 050. Wild Race only trotted, but Bo-. among the Masters who are equal to a has grown up Wonention these there must be no-exterritoriality oured some preliminary education in thehemian and the Shanghai griffin in the duty thus responsible. But the majo- | familiar facts of Constitutional history the race course,-Japan Mail,\\ training ship Britannia, and then same interest wore indulged with a slow

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We regret that, owing to the failure of the Hongkong-Amoy telegraph cable, we are unable to give the results of the second and third days' racing at Foschow, until the arrival of one of the coasting steamers.

ARRIVAL OF THE PRINCES.

The work gone through this morning was not particularly interesting, al- though several of the griffins were soat along at a good pace. Mr. Mac- Oniodds' white-stockinged brown, and Mr. Hutchings' grey cantored rather over half a mile, the first named raun- ing like a our and displaying a deal of temper. Two lots-three each-of Mr. Grammont's griffins did healthy exercise, finishing up with a smart burst down the straight, the small dark grey and the Macao sportsman's big bay appearing to us to be the pick of the fleet. Mr. Manger's racing like grey, and Mr. Jediar's second string cantered sharply, but not in such good form as the two ponies in the same stable above alluded to. The two Gor mau griffins went through their usual morning performance, and they are fast developing into rocking horses of the first water. The East Point contingent cantered slowly, and Souter Johnny and Glengarry were restricted to trotting work. Spectre, who is ovi.. deatly in training for a ten hours " go as you please" contest, occupied a pro- minent position on the track for the best part of an hour, and we must confess that he seems to thrive on the veteran's new system of training. The best gallop of the morning was done by Mr. Henry's brown subscription griffin. With "Joe" in the saddle, this promising candidate for Valley Stakes and German Cup honors, covered a mile in splendid style, finishing fall of H.R.H. Prince Albert Victor Chris-go," and like a race-horse. His owner tian Edward of Wales was born on the 8th January, 1864, and H.R.H. Prince. George Frederick Ernest of Wales on the 3rd June, 1865. The former was therefore 17 years of age in January last, and the latter was 16 in June. It is intea led that Prince George only shall be a sailor, but the choice of the navy as a practical training-school for both princes has given great satisfac- tion. Prince Albert Victor is prevent

in the Ly-ee-noon Pass shortly after The Detached Squadron hove in sight

noon to-day, and steaining slowly into the Harbour anchored in line outside the Iron Duke and the Victor Emanud. The ships were fully described in a lengthy article we published recently, aul on that occasion wagave the entire personnel of the Squadron. The only particulars omitted were those relating to the Princes themselves, which are more fittingly given on the day of their

arrival.