1888-05-31 — Page 3

Intimations.

A. S. WATSON & CO., LTD.

HAVE JUST RECEIVED A FURTHER SUPPLY

of

THE HONGKONG TELEGRAPH, THURSDAY, MAY 31, 1828.

A FIRE, says the Courrier d'Haiphong, destroyed a great portion of the city of Tuyen-quan on the suried, and the total loss is calculated at $30,000. ith inst.; the whole. Chinese street war con-

We learn that Dr. W. Wykeham Myers has left Taiwanfoo with his Chinese medical students for Shanghai, where the latter will pass their final examination. The Doctor will then proceed to Tientsin to interview His Excellency Li Hung..

MONTSERRAT LIME FRUIT JUICE, Chang-

CORDIALS,

JUJUBES, and

MAWSON SWAN'S

NEW PATENT WATER FILTERS.

THE HONGKONG DISPENSARY, Established A.D. 1841. Hongkong, 8th May, 1888.

will soon be reduced to submission.

Thx following appointments appear in the Peking Gazelle of the 9th inst-Chou Fu, lately Custon's Total at Tientsia, has been promoted to be Chief Justice of Chibli, and Wang Chih- ch'un, who was Taotai in Hainan in 1884 and Is was previously Grain Intendant al Canton, has received the appointment of Chief Justice of Cheklang, Hsiao Yao and Tao Mo are gazetted Lieutenant Governors of Kinngsi and Shensi Secretaries in the Taung-li Yamen, is appointed Taotai at Ichang, and the intendancy of the K'ai Kuci Ch'en Hşü circuit in Honan has been conferred upon Yin Pao.

The jinricksha monopoly in Haiphong has been secured by a Chinese al the sum of $40,083, for a period of 31 months.

6. N: Cơ

diverted the cow's attention with a

Telegraph respectively. Fong Kung chase, are ofthe Chief men will anal from pay line running no mest shoulder

The Hongkong Telegraph

HONGKONG, THURSDAY, MAY 31, 1886.

TELEGRAM S.

(Reuter

FRANCE AND HUNGARY,

proved fined defendant $10 or one week. LONDON, May 20th.

The French are indignant at M. Tisza's utterances, and the French Ambassador has been instructed to speak to Count Kalnoky on

the subject.

ADMIRAL HORNBY IN THE CITY. Admiral floraly at a crowded raceting held in the City, stated that not of fourth of the minimum of the cruisers were required to protest the mercantile marine,

(From the Courrier d'Haiphong) MONSIEUR CONSTANS

PARIS, May 18th. Monsieur Constans, the Governor-General of

Frends Indo-China, has arrived at Marseilles by the M. M steatnship Natal.

May 21st.

M. Coustaus has paid a visit to the Minister and the Under-Secretary of State for the Marine and the Colonies.

"May 23rd,

We have received from Messis, Kelly and Walsh, Limited, á copy of "The Statesman'sTM Year- Book" for the current year, being the twenty-fifth annual publication of this most useful work and alterations, which the Editor (Mr. J. Scott This new edition contains numerous additions Keltie, librarian to the Royal Geographical Society) hopes will be considered improvements,

and the statistical and other information have been brought up to the latest available date. The mass of information contained in this volume, set out in a style both interesting and easy of reference, has no parallel in any other similar publication. The Stalestnan's Year Book" is a nade mecum for all who are deeply interested in what is going on in the great world _around_us

On the authority of Truth, the new Empress of Germany and her eldest son the Crown Prince have not spokens to each other for a period of three weeks, the young man having reproached bis another-in-anything-bar-filial-and-princely language on the consequences of her having opened and turned out the room at Charlottenburg Palace in which the Queen Louise died. This room was regarded by the Prince as a sacred place which had been kept for eighty-five years THE FRENCH ARMY.

exactly as the berole Queen had left it. This may be all "wery regular" but still appears The Senate has voted exemption from milltary. service for Seminarians, Professors and Schoolch like a storm in a ten-pot and possibly masters, who are to serve in the army only ane

Invented by an enterprising foreign correspondent at a loss for something more tangible. Young YCAT.

men of a fire-cating tendency do not generally trouble themselves about the wishes of their great grandmothers,

M. Constan's visited the Minister of Foreign Affairs to-day.

doing justice to a big banquet at the Guildhali or Mansion House, and we can quite understand an old sea-dog of Admiral Homby's stamp letting himself loose on such an occasion; but why Reuter should take the trouble to wire such nonsense to China is quite incomprehensible" THE Independente is jubilant over the fact that in the Lisbon Parliament the Minister for Foreign Affairs, on being asked what value was Jornal das Colonias with reference to the to be, attached to some news published by the (averor of Macae and the Portuguese Minister in Peking, replied that the facts alleged were inlse. The Macao organ of semi-official imbe- city takes care not to mention the particular facts or news to which the Minister's attention itself with emptying its vials of prostituted was called in the Lisbon Cortes, and contents indignation on the head of the supposed reporter of such news,, whom it calls a despicable worm and a social outcast. The Vor do Create is then accused of siding in the propagation of these false reports concerning the powers that be in the Holy City. As we happen to know exactly what value there is in the official opinions expressed and statements made in the Lisbon Cortes, we are strongly inclined to believe that if there is anything false, untrue, or deliberately distorted and adulterated in the whole of the proceedings connected with this affair, it is in the denial of Senhor Barros Games, the Minister for Foreign Affairs.

SUPREME COURT.

IN APPELLATE JURISDICTION. (Before Mr. J. Russell, Acting Chief Justice, and Mr. A. 7. Leach, Acting Pulsne Judge)

or other circumstances,

On the application of Mr. Francis the appellat. was allowed costs.

j'auTAM CHUN U. J. J. SPOONER.

this case.

Their Lordships also delivered judgment in

Mr. Justice Leach-1 entirely. concur with the Acting Chick-fuction that this appeal-sienlik- succeed on the ground that the Magistrate allowed. bearing on the withes of vas. Case, ja which in evidence to be given which was inadmissible at is manifest, from the way in which the case before us is stated, inthence him in coming to a determination adver e to the appellant. It als appears to me, making every allowance for the advantage the Magistrate derived from seeing and hearing the "wingises, that there was, not sufficient evidence of possession of the opium hy of 1884 to warrant a conviction and that the the appellant within e naning of Ordinance, appeal bugly to succeed on this ground as welle

Mr. Francis applied for costs.

Mr. Francs-The costs of the respondent. Acting Chief Justice-Whit costs? Acting Chief Justice What respondent? Mr. Francis The paily who instituted the prosecution, through the police.

Acting Chief Justice-He has not been served, or anything.

served.

Mr. Francis said that the Crown had been

should satisfied him. The respondent has gone Acting Chief Justice :-But the Crown did not. choose to appear. You client has got off that away-if he had been here I should have recam- mended the case to go before a jury. As it is you had better simply give the matter up.

THE BENJAMIN CASE AGAIN.

REMARKABLE DISCLOSURES.

At Her Britannic Majesty's Supreme Court, Shanghai, on Wednesday, May 23rd, before Mr. R: A Mowat, Acting Chief Justice, Luna Jen jamin, widow of the late B. D. Benjamin, sued Mr. R. E. Wainewright, solicitor, for the sum of late husband, it being alleged that defendant taels 3,331.40, money bwed to plaintiff by her

H. S. Wilkinson appeared for the plaintiff, Mr. was responsible for payment of the same. Mr.

following report of the first day's proceedings is Wainewright conducting his own case. The

from the N. C. Daily News:-

Mr. Wainewright-I strongly object to have" it heard in Chambers,

The hearing of the case was then proceeded with.

Mr. Wilkinson in opening the case said the following were the issues directed to be prepared and tried under the garnishes order, Mes. Benjamin had obtained a judgment against her husband, Benjamin David Benjamin, and she also obtained a garnishee order against the present defendant to show cause why he should nat pay over to her the amount in which her husband was indebted to her, alleging that the defendant was Indebted to her husband. The amount which she stated was owed by her late husband to her was Tls. 2,331.40 and the issues now, to be tried were, first

ATHRILLING incident is stated to have transpired reliable witness, it is difficult to understand why, at a funeral in Bungerer (Victoria) she other diy commit the case fur trial to the preme Cour in view of the conflict of testimony, he did no The pall-bearers and other officials were in the. net of bearing the remains of the late lamented responsibility and why though requested mice

before a jury, and thus relieve himself of the The Superintendent of the

Trom the Cemetery gates to the grave, and the than once to do so, he fleclined, ns was stated by courteously informs us that the Company's friends and relatives followed sadly in the wake, counsel for the appellant whose statement then. regular fortnightly steamer Venetia, from Bomatiowing their bitter tears to filter through large.

can be no doubt was made in perfect good faith, and bay, let Singapore for this port at a p.m. yester- handkerchiefs, when a one-hornett, bony caw with

on the instructions of the solicitor who defender day,

the appellant before the ragistrate, and who was a fiery eye and an elevated tail bare down on the present in Court when the appeal was heard ADMIRAL Hornby has, according to Reuter, been coffin into a condition if rags and incapacity;

conège and butted the gentleman who bore then reference to both appeals.I donire to add that it would have been beller if the cas cling a crowded meeting in the City of London then, she skipped about, frolicked along side stated for the opinion of the court had beer THE Courrier d'Haiphong reports progress in that not one fourth of the minimum of the ways, Irod upon the procession, and wore holes

framed in a more scientific manner. The law the work of subduing the Black Flags At the cruisers would be required to protect the British in it with her solitary horn. After which the reports teem with precedents of cases sintéd of instigation of M. Pavie, ten rebel chiefs accommercantile marine in case of war. We wonder security on top of taunstones and in other Quarter Sessions, and other courts, o questions remainder of the mourners sought comparative appeal from. Magistrates, from the genetal and panied him to Hanoi, where they have been by what extraordinary means this gallant if elevated positions, leaving the dead and wounder pl law, from which it would be easy to adap TABLETS. well received and attended to. It is hoped that somewhat fossilised old gentleman has found on the field of action. The grave-digger case for appeal to this Court. As it is, in the

by pacific means the whole Black Flag fraternity out such a piece of valuable information! With spade and the funeral terminated with a prayer.

subsequently

present appeals, the cases stated are diffuse all due respect to Admiral Hornby we venture

and it is difficult to gather the exact facis or to believe that the ability of even the maximumP.C. GILMOUR this morning summoned a con-

which the Magistrate has based his decisions. of our cruisers to efficiently protect British com tractor named Chang Atong of 26 Queen's Road should have been a delay of five months, Leannot understand why in one instance there merce during a war with any powerful maritime East for neglecting his duties by allowing 'cer.

and in the other of two months, in stating nation, can only be tested by actual practice. Itain heavy stones to roll down the hill side on the culty which the Magistrate created for Lite these cases, unless it was owing to the diff But if the Admiral is right in his view that not 27th inst. to the imminent danger of foot passen-self in not (as it would appear) following some one fourth of the minimum umber of cruisers gers perambulating the public roads. Gilmour precedent. Appeal cases aught to be promptly would be needed, why did he not protest when said, in the morning of that day he was patrolling stated with as little delay as possible, that no in- millions were expended during the war scare of Plantation Road when suddenly a large stone the Magistrate's decision, or alteration occur in justice may accrue to the party aggrieved by 1984-5 in chartering merchant steamers to act came rolling down onto the road and rebounding the position of the parties affected by the decision, -cruisers in all parts of the world? Old gentle from point to point came near jumping into the owing either to death, departure from the colony.

were cutting and removing earth and the missile came from some coolies working above, who complained of had been chiseled from a larger black remaining embedded in the earth. There was a barticade there but the stone went through it. Defendant denied the charge. His foreman, who gave evidence, said there was a good barrier to stop anything from falling before the Court by way of appeal from the Mr. Justice Russell said-This matter comes

Mr. Sercombe Smith on finding the charge of a case stated in compliance with Ord. 4 of and doing damage to people walking underneath. decision of one of the Magistrates in the form

Wrist reference to the sanitary condition of the also transmitted his notes of evidence... Ord. 1858. Besides setting out a case the Magistrate

inst, makes the following remarks was of law decided by referring to the Superior going into the case, which was a trial of issues province of Haiphong, the Courrier of the 20th 21 Vic. 43, which provides far having questions 4 of 1888 is founded upon Imperial Act zo and asserted that the Annamite population of the Courts. The usual sort of appeal is to the general between Luna Benjamin and Robert Eruest

Counsel for the plaintif said that before.

province of Haiphong were being decinated by quarter sessions where facts are gone into; and Wainewright, and in which, by a garnishee order, cholera, but the rumont is incorrect. At the thought it right to give the Supreme Court Robert Ernest Walewright defendant, he might taving no quarter sessions here the legislature Lana Benjamin was directed to be plaintiff, and present moment a recrudescence of the native fever authority to determine questions of fact as well mention that he had been waited upon by is taking place in some villages situated near as law on cases stated by the Magistrate. Hence deputation from a number of persons who had fatal, and only attacks people who are worn out the swamps; but this fever is far from being Sec. 7 of Ord 4 of 1858 states that the Supreme subscribed for the aid of his client, who repres excellent; the first thunderstorms which occurredamend-&-I-point out this duty which is castexcept to have the issues tried in open your Court shall her and determine every questionsented that it would injure her very much if the by labour or destitution. Our sanitary state is

of law or fact arising upon a case so set down. case was heard in open Court. He might also lately will have dispelled all the unwholesome

and skall according to the circumstances thereof say that the plaintiff personally had no desire gases which may have accumulated among us.

upon the Court, because it is a somewhat iny dious and it was a matter of titter indifference M. de Pincé, Resident of Haiphong, and Dr.

task to review and especially to differ from to her whether it was heard in open court Pellereat, have been visiting the native villages fact when the Appellate Court has not had have the case heard in open court, and if at the finding of another Court on questions of and found great improvements in their stay the advantage of seeing the witnesses and any time during its hearing it was decided to or Chambers. If it was anavoidable to

excellent, and all danger of cholera-has-been noting their benzing. The nopellant in this hear it in Chambers his client would offer no conditions. At Haiphong the general health in removed this year. We may rest assured that matter was charged under the Opium Ordinalice objection. Hemight further say that the deputa as soon as the swamps are drained which

1 of 1884 for having prepared opium in bision had nothing whatever to do with the defen- will not be before long cholera will entirely December last year, and he was convicted of the for Mrs. Benjamin, and her own friends.

possession without a valid certificate on the 31st dant, but were a number of these subscribers disappear from among us."

offence and fined $1,000-or 6 months' in default." The fine was paid, pending an appeal. The difficulty in the case was the question of possession, and the Opium Ordinance de fines opium to be in the possession of any person if he knowingly has it in actual possession CHEUNG ALUN Tate a cook on board the P&O).

custody or control by himself or by any other steamer Deccar was this morning charged, on

person." The evidence therefore to establish remand, before Mr. Sercombe Smith with taking

the possession of uncertificated opium should a number of coolies on board that steamer on

be as complete as to establish the receipt of stolen goods. Now it appears from the case the 28th inst. and secreting them in various

UNG KIT MING. WONG TAI.

and the depositions that an Excise Officer The judgments of their Lordships in this accompanied by a constable went to a room at parts of the ship with the object of collecting their appeal were read this afternoon. Mr. IJ34 Bonham Strand and searched it and found MICHAEL BURKE, a marine belonging to the of Messrs. Sharp, Johnston and Stokes, appeared and Deacon), was for the appellants; respondent tin was concealed under a bed in which two passage money, by false pretences. Mr. Stokes Francis, Q.C., (instructed by Messrs. Wotton about 15 taels prepared opium in a tin. The American corvette Funisia, was to-day charged on behalf of the P. and O. Company. The was not present, and was unrepresented. men were lying smoking (oplum) Two others with refusing to pay ricksha bire. No. 300, a following evidence was taken. Nam A-shing ; —.

The judgment of the Acting Chief Justice was were on another bed, and the appellant, was ricksha coolic, said at 10 p.m, last night defen- I am a farm labourer from the district of Caaten.

as follows:

also in the room. One witness makes out ant engaged his ricksha and used it for three aniyed in Hongkong by the Canton steamer prices of timber of the value of $120, on the ther 5 or 6 it is immaterial. Having regard The appellant was convicted of larceny of that there were 6 people in the room, but whe hours. He got in at East Street and after being run on the morning of the 25th fast, and saw. 18th March, and was sentenced to 6 months to all that took place it was for the Magistrate to round the town by way of Graham Street and other defendant standing on the wharf, immediately imprisonment with hard labor. The appellant say whether or not hi was satisfied that the places was finally landed again in East Street, on landing. He came up to me and wanted to

with others had been employed in removing a opium found was within the custody or control On his way back soon after midnight defendant know who I was and why I came to Hongkong. Kowloon side, and admittedly one at least of him and him alone, to be determined by lawful quantity of timber from the foreshore at the of the appellant. That duty was thrown upon had the cab stopped on the Parade Ground and I told him I was looking for work. He the two pieces of wood alleged to be stolen had evidence. Having regard to the evidence of would neither get out nor give any orders but asked me if I would like to go abroad. I said been transferred to the appellant's boat. At the occupancy and ownership of the room given seemed to be taking a cap. Complainant thought I would, He said if I wanted a passage ticket Police Court solicitors appeared for both by the Respondent and by the others, I Mr. Burke was a little giddy or something of Iwas to go along with him and he would secure seemed to be whether the wood had been taken

prosecutor and prisoner, and the main question should doubt whether the appellant. had otherwise. the kind as he was staggering about very much.

more than a limited user of the room;and one. We went to a house and he gave me that by mistake, or whether it was taken with having regard to the portable nature of the affirmative and the defendant the negative, but On that save the plaintiff also alleged the A request was then made for the expenses-36 piece of paper (produced.) He said it was à

felonious intent. There was a conflict oftestimony box of opium, which from the size and evi-he (counsel) understood from what had since cents, but nothing came of it-thought the ticket for Singapore, and I gave him 34. He appears from the case stated of the Magistrate, dence could bave been casily put upaChinaman's transpired that the defendant admitted the fare should have been about 45 cents said it should have been $7. He then took This larceny is an indictable offence, and one other information that it belonged to one of the

and also from the depositions attached to the case. 'sleeve, I should have inferred in the absence of affirmative on that issue P.C. 568 gave corroborative evidence, saying me on board a steamer and locked me up in a which, although the magistrate had power to

Mr. Wainewright said that what he admitted smokers on the bed. However the appellant was between 12 and 1 o'clock in Wing Lok Street helatrine. Look See, examined by Mr. Stokes deal with, nevertheless he need not have dealt

with reference to rat issue, was that he had a suspected one. He had been convicted before received a sum of money on account of Mr. The Macao Independente reports the escape of heard defendant calling out for the police; he I am a barber from Canton and got into Hong with 141 as he could have returned it for trial of denting in illicit opium. If that fact was brought Benjamin, and that he was accountable to him a gang of desperate robbers from a Chinese accused the driver of robbing him of $. They kong on 26th inst. I saw defendant on the wharf was large, and the evidence was very conflicting.cuse against him. This is a case which can only admitted that he received this sum of money on a jury. The property alleged to bestolen out in evidence it would certainly prejudice this for a portion, and only a portion of it. He house near Paço d'Arcos Street, on the night of the pair into ustody. Defendant to answer to

both made complaints, so the Punjaubee took on the morning of my arrival. He enquired why The appellant's counsel informed the Court be dealt with by the Magistrate. I asked the the 19th October 1885. but he did not admit the the 25th inst. A body of police, from informa- the magistrate said he paid the coolle at different foreign parts, to which I consented. He put me I came to Hongkong and proposed to take me to

that the magistrate was asked to commit the Attorney General, who appeared to sustain the issue. The fact which he would show was tion received, surrounded-the-house-where a

case for trial if he proposed to do anything conviction, if he could contend that a Magistrate that he received the sum of Tls. 45,000, and pirate chief was said to reside; a few minutes times, but did not remember how much. He inte a sampan and took me on board a steamer magistrate refused. The prisoner could have that which a jury should act upon, and if ment with Mr. Benjamin. The balance

but discharge the prisoner, and that the could, be guided by evidence different from Tis. 35.000 of that was his own under an arrange afterwards a door opened and a valley of revolver fell asleep and on waking up he found the and locked me in a store room. There were claimed a jury of right as in England. If the Magistrate had acted upon illegal evidence Tis. 20,000 he admitted that he was bound to shots was fired from within on the police. In

"ricksha stopped and "a Chinaman" with his other three men there, and presently he came

that is so the magistrate doubtless had some whether there was a difference between that account to Mr. Benjamin for. There never had. hand in his, defendant's, pocket-could not say and said if we would promise to pay him suficient reason which is not apparent in the case and the Queen and Gibson. He frankly been a statement of account, but Mr. Benjamin Smith ordered the unconscious night bird te pay Singapore, he would guarantee us a passage. plainant who was made respondent is away from Reg. v. Gibson, 18 Q.B.D. $37. It is there laid whether it was the driver or not: Mr. Sercombe $19.50 out of our wages, on getting work in case, or made known to us, for there is no one admitted that he could not; and he admitted knew very well how the money was spent, and appears to support the conviction. The com- the difficulty in dealing with the decision in It had been accounted for to him over and over his little bill and begons.

We agreed to this, but before the steamer the colony, and the Attorney General did not down by the Court of Crown Cases Reserved, handed a statement of account, showing how the again as a matter of fact he (defendant) bad HERE is the latest method of dealing with one of

started the police unlocked the door and appear on behalf of the Crown. We have been without a dissentient, that in a criminal the greatest annoyances of life in the Far East: THE ocean yacht race from Southampton Water took us out,

money was dealt with, to the legal adviser of urged to quash this conviction, (1) on the trial if any evidence not legally admissible Mrs. Benjamin, but long before that Mr. Benjamin Other evidence was given of a merits and To remove mosquitoes from a room, mix four to Madeira in which the ketch Bridesmaid beat similar character. A detective of the Hongkong magistrate has acted upon flagalavimuch as the against the prisoner is left, to the jury, and was well aware how the money was spent. ounces of oil of cloves, two ounces of oil of the cutter Atlantis by five miles, carries addi-police also deposed to going on board the Drecan the merits and not having seen the witnesses and this notwithstanding that there was

evidence. On they find him guilty, the conviction is bad: Mr. Wilkinson-Since these proceedings. peppermint, three aunces of oil of lavender,sional interest with it since the publication of the on the 26th and arresting the defendant; to express dissent from the learned magistrate's and sufficient to warrant a conviction. It was

and heard them examined I am not prepared to

Mr. Wainewright-Because I never was asked other evidence before them properly admitted for it before. eight ounces of capsicum, eight ounces of

cesses' logs. In this contest for nautical fame finding 18 coolies in latrines and store rooms finding, viz., that there was a felonious taking, argued in the present case that the Magistrate

Mr. Wilkinson wrote a letter to you: about camphor, balfa pint of spirits of lurpentine, and

and for the substantial stake of £1,000 the two and to taking off defendant's person a brass key but I should have been prepared to return the had allowed himself to be governed by the Mr. Wainewright do not remember it. You hall a pound of insect powder, Catch the yachts appear to have been highly favoured by by which he had held his customers in durance. case to him with an opinion that if he dealt with evidence of previous convictions. In one por- may have written it but I do not remember it. mosquitoes and give them half a teaspoonful the weather, although they both got a touch of Defendant had no questions to put to any of the the case further it should be by committal tion referred to I think the Attorney General's Mr. Wilkinson every fifteen minutes. As soon as they begin strong winds and high seas before sighting the witnesses. He said he had once been a cook in for trial before a jury. If the complainant bad contention was correct, viz. that it was only to which were

the remaining, Issues' to show signs of paralysis hit them tenderly high land of Porto Santo. The Atlantis, owned the ship but did not hold any license as practical value, I cannot belp thinking that such counsel that the opium was planted on him. abouts received by the said Robert Ernest

not left the Colony, and if it would be of f any.

rebut the theory advanced by the appellant's with a paving hammer. They can then he and sailed by Mr. L. M. Ames, shipped several a passage broker; he dealed that the key would be the proper course, but I fear it is no use Such evidence would doubtless be relevant to Wainewright in or about the month of October removed from the room without danger.

heavy seas, one of which carried away her was found on his person and had never seen it now. We are therefore, under the circumstances, upset such a theory-but it could not be relevant 1885, was received by him for the use of the said bow stanchions and swept her decks of all till produced by the policeman; he had no been one within the exclusive jurisdiction of the 34 and 35 Vic., c. 113, sec. 19 enacts that where 28th day of December, 1887, a balance remained bound to look at the conviction as if it had as showing (1) the possession, (a) the scienter Benjamin David Benjamin, and whether on the- A COOLIE of the vagabond stamp was to-day portable, furniture, The Bridesmaid, which witnesses. Mr. Stokes in addressing, the Court Magistrate's Court, and we must therefore look proceedings are taken against any person for have due to the said Benjamin David Benjamin in charged by Dr.. Cantic with trespassing in the belonging to Mr. E. W. Buller, seems to have said this was one of a class of very numerous to the objection in point of law to see if it is welling received goods knowing them to be stolen,or for respect of such um so received. The said Luna basement floor of his house in the early hours suffered more in her salls and spars, carry-caner to which the owners of all steamers plying founded. At the argument the point was given having in his possession stolen property, evidence Benjamin maintaining the affirmative, and the of this morning, with the intent of committing ing way in the strong fair winds which out of the port were subject to, and which they up about whether the appellant was only a may be given that other stolen property had said Robert Ernest Wainewlight the negative a felony. Complainant said soon after midnight followed ber all the way from the channel had the greatest difficulty in stopping. By sceny or mistake, but the point that was taken, Is months, and such evidence may be taken into 4.—If the

receiver, and it was admitted that it was either been found in his possession within the previous thereof respectively, he was wakened up by a lot of talking, shouting, nearly every one of her square-sail spars; From such nafarious fransactions amongst a lot of viz; that the Magistrato had taken into con consideration on the question of guilty knowledge was indebted to the said Denjanin David Said Robert Ernest Wainewright and barking of dogs. His "boy then informed the moment of leaving the Needles Point the sharp-witted gues the steamers lost money sideration as a ground of decision the fact that in proceedings under consideration. But that is Benjamin on the 28th day of December, 1887, him that the chair coolies had found a wind was always fair from the north-westward, and frequently ran the risk of being fined the Inspector had stated that there had been not law here, and does not affect that question in what sum was he so indebted man stowed away in the basement. The and the two. yachts are reported to have been for carrying more passengers than their fatal to the case, and the conviction cannot be there can be no question on the point that the admitted receiving Tis. 45,000 and that the onus

numerous sir ilar complaints, seems to me to be of whether there was possession. prisoner in the dock was the individual, and kept going, with every available stitch of canvas, licenses permitted. Other victims were the sustained having regard to the decision of the pence of previous convictions, unless for the Mr. Wainewright said he did not admit that

think

Counsel for the plaintiff said Mr. Wainewsight. she did not give hay satisfactory account of in grand form right up to Funchat Roads. The dupes themselves who in the event of being found Crown Court in. Regina - Gibson Magistrate could not like into consideration of proof of the icit rested on the defendant. himself the police, were scut for and he was vessels lost sight of each other on the falling of without regulation tickets issued by the Company whatever may be the merits. Appeal allowed. purpose of punishment. If it was relied upon the onus of proof rested upon him. Mrs. Benjamin given in charge as a thief. On being searched no night near the Isle of Wight, and did not come or their accredited agents seldom or never got this appeal ought also to succeed. In summarize the conviction, then the conviction is viuated. was for her to prove it. But as he (defendant) Mr. Justice Leach-I concur in thinking that or taken into consideration in any way for alleged that he owed her husband money and if weapons were found on his person and nothing again into company till Madeira had been their money back; in consequence of which he ing the grounds of the conviction, the Magistrate In support of the presumption that the appel. had a perfectly atraightforward case, Le did not more deadly than a pawn ticket, It was not sighted, when the Afiantis, at six in the morning, bad instructions to press for a heavy penalty, has shown that he was influenced by evidence lant was knowingly in possession of the ts of mind how it was presented. He then proceeded, raining at the time and prisoner had no business first saw the glinting white canvas of her rival His Worship informed the defendant there was no oath or not does not appear) but which was not Magistrate sets out the proceedings against blm Court, to give a brief history of the team of pla there. Defendant sald, on being interrogated by about five miles dead ahead, Madeira being at doubt he had been acting illegally as a passage relevant to the case before bin, and therefore of the 18th November, 9th December, and Igth out of which the payment to blm of Tis. not stated on the depositions (whether stated on: 15 taels of prepared opium (see case stated) the for the information and convenience of the one of the house servants, that he had come to that time sixteen miles away. The owner of broker without a license and as in the opinion improperly taken cognizance of. As far as I can see the everlasting "friend." Prisoner not being the Bridesmaid considers that his yacht won of the Court he was guilty of that offence and judge after a careful re-perusal of the depositions Magistrate had to act as a jury. On the ments; the witnessentiele practically pe

January This case with case where the “able to give any satisfactory account of his the contest owing to more scientific navigation, of others which had been charged against him since the arguments, the evidence of appropriation although I might not have quite agreed, yet, as

thepuo Mr. Wainewright's evidence.

box repetiti n proceedings further than he had gone there to and that by running on the great circle and the penalty for which was a fine of $400 or 6 by the defendant of the wood in question, of the he had the advantage of seeing the witheries, I the latter fully here: He commenced by detailin get out of the rain, Mr. Sercombe Smith ordered attending to his course and steering he shortened months Imprisonment, he should fuo him $100 the Magistrate did form an opinion that Ko Fun anding. On the question of avilebee; however, the reverses which the latter met with towards

animus jurandi, was extremely slender, and if should not have been prepared to disturb his | bis connection with the late Mr. Benjausing him into retfrenient for three weeks,

the distance by one hundred miles.

or in default 6 months in gaol with hand labour, who gave evidence of the appropriation, was a F'think the appeal muss be allowed,

the end of bis career and of the transactions in

OPPOSITION TO BOULANGER.

May 24th. Messieurs Clémenceau, Kane and Joffrin have prganised a League in opposition to the Boulan gist party.

TELEGRAPHIC.

SAIGUN, May, 20th. Communication has been re-established with Battambang, but is interrupted between this station and Bangkok,

May 25th. Communication with Bangkok vid Saigon Las been re-establish.d.

May 26th,

The Turkish line to Pera, has been re-. established.

LOCAL AND GENERAL,

AN editorial on a subjett of considerable interest, anda number-of-other-items have unavoidably been crowded out of this issue.

the male which ensued, the pirates managed to escape, two policemen,and a lukong being wounded in the affray.

Whether the said Robert Ernest Wainewright was on the 28th day of December 1887 indebted to Benjamin David Benjamin.

tive and the defendant the negative.. The On that issue the plaintiff alleged the affirms. second lastse was

Whether the said Robert Ernest Wainewright able to Benjamin David Benjamin for monies was on the 28th day of December 1887 hccount. received by the ssid Robert Ernest Wainewright as solickor from the said Benjamin David Ben. Jamin on account of fees and disbursements or

t

3-Whether the sum of Tis. 45,000 or there