1890-02-14 — Page 2

Intimations.

DAKIN BROS. OF CHINA, LIMITED, CHEMISTS. SELECT MEDICINAL PREPARATIONS. TONICS, &C. HEMICAL FOOD, or Syrup of the Phosphate of Iron, Line, Potash and Prepared in strict accor 'anca with the formula of Edward Parish of Philadelphia.-An excel- lent Tonic for ladles and children.

Sodn.

Per battle, 40, 70 Cents and $1.25. Dr. Easton's Syrup of the Phosphate of Iron, Quinine, and Strychnia."

A prompt and powerful Tasic, very beneficial in all cases of debility, where there is suscepti bility to fever. A certain specific in cases of exhaustion and want of nervine power, arising from over mental exertion and the depressing influence of the climate.

Irated Chiretin Mixtare.

THE HONGKONG TELEGRAPH, FRIDAY, FEBRUARY 14, 1890.

WHILE the increase in marringes between English people in Great Britain has not kept pace with the population, being only 4 per cent in nine years, mariages among the jewish inhabitants have grown no less thun 65 per cent.

MKSSRS. D. Sassoon &Co, inform us that they have received advices that the A. H. L. S, N. Co's steamer. Medusa, outward bound from Trieste, was stranded in the Red Sea near Suakim and has since been floated. Her cargo, will be brought over, probably by the Co.'s next

steamer.

THE New York Board of Health furnishes the following prescription for the Russian influenza: "Spray the affected membrane with a to per cent solution of quinine ficely and frequently, and take four or five times a day a pill made as fol- lews: Qainine, three grains; campher, one-half grain ; extract of belladonna, one-founk grain,"

not true that I was accused of fraudu. lent malpractices, and called before the Race Club and expelled, An attempt was made by the stewards to expel me, but it was not successful. got notice that I had been expelled, but I was advised that it was illegal, and I brought an action against the Stewards Sir Richard Rennie did not say that it was only legal because I had not got notice. I claimed $5,000 damages, but did not get them, because- the Chief Justice said that, I had never ceased to be a member. The charge against me was that I had infringed rule 4-a long and intricate rule-in' a letter to da Silva. I was never noti- fied to attend the meeting at which I was expelled, and I protested in a very vigorous letter.

Mr. Robinson thought the line of cross-exami- nation was irrelevant.

was sufficient-Mr. Justice Wise had seen it, and I thought it would not be required again, and when I got home I destroyed it, so as not to give anyone else a chance of spying all about my business.

And Mr. Justice Wise severely reprimanded you for doing so 7-He said I had done wrong in destroying it.

SHARE "OPERATING " EXTRAORDINARY, "Can you tell me how many China Sugars you tol! short in June P-I can tell you about-300 or 350, (Referring to memoranda.)

Mr. Fraser-Smith asked where he got the notes.

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But don't you think other people watched the share markei ?—Yes, butnot so intelligently, if I may call it so.

You are modent.You asked me my opinion. You think you are keener in your hunt after the almighty dollar" than others ?—I did not

lav so."

You said you looked sharper after it.—I said I looked after my business better than other

people.

You took so much trouble that you did not keep any books-If I had had time I might have bad time to write up the drudgery.

You said your name was taken with some difficulty at first ?--Yes.

.:

They had not confidence in you I was un- known-a new man, and I was cautious in offering my name.

Plaintiff From the brokers' notes. I have subpoenaed about a dozen brokers.

You sold about 350 Sugars in June?—And in July.

You had no Sugar shares at all?--None,

But you have been wellknown in Hongkong Did you sell any other stocks?—Yes, Lands, for a number of years ?—I don't know-some and Docks, and Wharves. I sold 125 Lands.prople knew me through the introductions in 150 Steamboats, and about 75 Kowloons. I

your paper (laughter). They did not know meto Ifind that I sold 550 Sugars. I also sold 400 my advantage..

Green Island phases, and 100 Punjoms,

His lordship-It may have a bearing on the question of damages,"

Plaintiff My name was placed on the list again, but eighteen days later I resigned. TWENTY Bombay natives, comprising the deck did receive notice from the Stewards, it me crew of the P. & O. steamer Bombay, were diately after the decision of the Court, to attend Per bottle, $t and $1.75.

before the Master Attendant at Singapore on the a meeting called to investigate charges made Fourne's Liver Tonic or Compound Concen-ath inst, on a charge of refusal of duty. The against me, and I protested against the meeting, This mixture is prepared from the recipe of a only reason they gave far not wishing to work and asked for time, I did not attend the meet- was that the master had called them oorsing. I have had a good many racing partner- celebrated Indian physician. it is widely used

(nigs). An attempt was made to send them on ship in my time. I had one with Mr. Hutchins throughout India and Burmah, as the most suc

board their ship per steam launch Leo, but as Here a discussion arose on Mr. Robinson's cessful medicine' in those cases of liver. ard

contention that the matter was irrelevant. kidney derangement, brought on by the evil they threatened to jump overboard; they were

brought back. They were then put in a gharry, His lordship thought that it affected plaintiff's effects of malaria, or too long residence in a

but behaved sa violently that they, had to be general character. + tropical climate.

Mr. Robinson urged that the issue was the finally locked up. The men were afterwards

Ho sentenced to twelve weeks' rigorout Imprison-effect on his character as a merchant.

thought that the plaintiff had a right to claim damages as a merchant and also as a racing map. He had raised the paint to show that defendant's malice arose out of racing matter,

is a powerful Tonic to the digestive organs, and gradually removes the most curuplicated forms of indigestion. Per bonle, $1,50.

BY APPOINTMENT.

ment each.

MR. Sangster will give two Organ Recitals on Monday, the 17th, and Monday, the 24th inst., at 5.45 pm. The following will be the pro gramme for the 17th- 1.-Overtio-(Samson)

Handel Raff.

A. S. WATSON & CO., LD. Pro precati (From Stabat Mater). Roezini.

ESTABLISHRO AD, 1847..

MANUFACTURERS OF AERATED

WATERS.

OUR AERATED WATER MANUFACTORY is replete with the best Machinery, embodying all the latest improvements in the trade.

The greatest attention has been paid to appli- ances for ensuring purity in the Water-supply, to secure which we have added a Condenser cap- able of sugulying us with 3,000 gallons of distilled water a day, and are now in a position to compete. in quality with the best English Makers. Our Sweet Waters cannot be surpassed anywhere.!

The purest ingredients only are used, and the utmost care and cleanliness are exercised in the manufacture throughout,

LARGE BOMBAY

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15 We continue to spply large bottles as hartefarm, free of Extra Charge, to those of our Customers who prefer to have them to the ordinary size.

COAST PORT ORDERS, whenever practicable, are despatched by first steamer leaving after receipt of order.

FOR COAST Pakis, Waters are packed and placed on board ship at Hongkong prices, and The full amount allowed for Packages and Emplies when received in gonil order.

Counterfoil Order Books supplied on applica tion.

Our Registered Telegraphic Address is, "DISPENSARY, HONGKONG," And all signed messages addressed; thus will receive prompt attention.

The following is a List of Waters always keplready in Stock :- PURE AERATED WATERS

SODA WATER

LEMONADE

POTASH WATER

LITHIA WATER

SELTZER WATER

SARSAPARILLA WATER

TONIC WATER

GINGER ALE

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No Credit given for hotties that look dirty, or greasy, or that appear to have been used for any other purpose than that of Containing Aerated Water, as such bottles are never used again by us,

A. S. WATSON & Co., LIMITED,

Hongkong, China, and Manila,.

NOTICES TO CORRESPONDENTS.

(Mr. W. E, Crow.) *~ Offertoire D minor] 5.-Solo-Cojuanam (Front Stabat Mater

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6.-Preinde and Fugu 7. Sulam The Lost Chord

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Bach, ..Sullivan.

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AT 2.20 pm. to-day the hearts of weary 'ricksba coolies were gladdened by the sound of the fire bell Our whiquitous special was quickly "on the job" and securing a flyer (we wish we had him in a sweep for the forthcoming veterans' race) arrived just in time to find the fire out. However, a closer inspection proved that one had only just been outted-thanks to the prompt arrival of the brigade-from a tempo- rary possession of No. 8, St. Francis Street, Wanchai, the basement floor of which man- sion was occupied by Chinese, the second by Portuguese, and the top by a Naval Yard watch. man. We believe the fire originated in the cook house and considerable damage was done to the furniture and effects of the establishment.

THE NEWSPAPER LIBEL CASE.

MORE RACING RECOLLECTIONS, The hearing of the case 'Brandt v. Fraser- Smith was resumed this morning by the Acting Chief Justice and a special jury. The Court was crowded a good deal during the afternoon, and a good deal of interest was shewn when the cross-examination of the plaintiff by the de- fendant was resumed, as follows:-

You swore yesterday that I was indebted to you to the amount of about $100 7-Yes. I have Inoked it up since, and I find it is nearer $200. It was $227.8. I got an account from you shewing that I owed you $162.50, but I did not admit it. It was the debit balance alleged to be due to you' at the end of the 1882 meeting.

Mr. Robinson contended that this wAE irrelevant.

Mr. Fraser-Smith-He makes statements on oath shewing that I am in his debt, and I am going to shew that on his own admission he owes me $177, besides the money he collected from Mr. Chater and Mr. Murray,

His lordship-It is common ground that the disagreement did not arise out of matters of account, because in your letter you say that although he owed you money you would let "You allege that it was his mismanage ment of Highland Fling.

Mr. Fraser-Smith--Yes.

that go.

Mr. Robinson-We don't for a mement admit [5 that the money was a "cumshaw "to us.

It requested chat all communicatless relating to Subverdplans, Adverbseinents, Re, be addressed to the "Manager, Hanghong Telegraph" and to the Falltor.

Letters on Fallmial matters to be put to "The Editor and Communications intended for publication must be accompanied by the name and adities of the writers, not necessary for publication; but asevidence of good with.

01 to individual members of the u

Whilst the columns of the Henching Telegraph will always 'be open for the discussion by forespondents of all queations affecting public Interests, it must be distinctly understood the the Editor does mi in any way hold himself responsible for

pinions thus expressed.

TO ADVERTISERS,

His lordship-That has no beating on the allegation at all.

Mr. Robinson said that he did not like to interfere earlier,

His lordship-You opened on it, you know. Mr. Fraser-Smith--You opened the door very widely. However, I will let it drop-I'll take my rem dy in a suit to recover the money, and to vindicate myself.

Mr. Robinson I was about to ask why he had not already done so.

His lordship There is a Statute of Limita. tions; this was eight years ago.

Mr. Fraser-Smith-I have a bundle of his I,O.U's here. (To plaintiff) You swore yester day that my letter about Second Violin was & fasertion in that day, issue not later than Three o'clock so as deliberate attempt at blackmail -Yes, I said

so, and I repeat it,

Advertisers are requested to forward all notices intended for

not to retard the exly publication of due paper.

Advertisemenja 164. Subscriptions which are not ordered for a Axed period will be continued untli courtermacded.

The Hanghong Telegraph her the burgest circulation of any English newspaper published in the Far Fast, and is therefore the best medius for Advertisers. Terms can be learnt on application. Thi Honghong Telegraph's number at the Telephone Central Exchange la N, 4

TO SUBSCRIDERS. Subscribe to The Hongheng Telegraph are respectfully cemile that all Subscriptions are payable in advance.

The Hongkong Telegraph

HONGKONG, FRIDAY, FEBRUARY 14, 1890.

TELEGRAMS

THE OPENING OF PARLIAMENT.

LONDON, February 12h. The Queen's speech rehearses the dispute with Portugal; announces the measures pro- Jected for the Land Purchase scheme, and for local selfgovernment in Scotland. The Premier stated that the prospects of ratifying the Sugar Convention were less favorable.

LOCAL AND GENERAL. THE P. M. S. S. Co.'s steamer City of Piking, with mails, &c., from San Francisco to the 21st ulto, has arrived at Yokohama, and will leave for this port to-morrow.

And put in a letter of the 13th November 1883 aking you to send the pony down on joint account, and you said it was a trap 7-Yes, a deliberate trap.

How I mean that you tried to make me a borse dealer by asking me at what price I gould lay down roo China ponies in Hongkong.

You were a borse-dealer in Shanghai, were not you?-I was not,

Did not you sell your discarded ponies t-- Yes, I sold a good many to you.

Didn't you know that I wanted the ponies for the French Government —No, I didn't know you were a horse-dealer.

Government.-Oh I did not know that you I was not I was acting as agent to the French were ever agent to the French Government Contlauing I write to you after that from Shanghai, promising to write from Foochow It was a friendly letter, and I got you a mafos. I addressed you as "My dear Fraser."

His lordship decided against Mr. Robinson. Plaintiff continued-I gave Mr. Hutchins a share of the profits of the racing, for riding, I had some trouble with him. He was the worn enemy" referred to in my letter to Pralt as conspiring with da Silva against me I had racing associations with you (defendant) whom I have 'described as a "black-mailer." You are one I was also partner with da Silva, but I have never described him as a scoundrel and a fraud. I may have publicly called him a thief-he deserved it. I also raced with Mn. Just some years ago, and be lost pretty heavily. I trained for Mr. E. Sassoon in 1879, I was a member of an inconstitutional body here called. the Race Fund in those years, and had the privileges of the Grand Stand, etc. I did not pay any subscription, I did not defraud the Fund out of the $5 a year subscription.

His lordship suggested that the cross-examin. tion was getting rather off the track, and, defendant thereupon turned to other matters.

me

I wis

Plaintiff said- had an office in Canton when doing business with the Chinese Government.I I heard in 1836 that the Hoppo wanted Tis 1,000,000, and did not know how arrange it, and I did it for him. The loan was not, arranged before that, in Shanghai, by the new Hoppa. I got Tis. 300,000 first. The new Hoppo got the rest, at Shanghal, afterwards; in consequence, I believe, of the paragraph in the Telegraph saying that I was going to be sued. The new, Hoppo and his relinua stayed with me in my house. There were 100 people, and I had six rooms, but then the Chinese don't want much room, I had contracts at the time to supply the Hoppo's fleet of men-of-war with coals. The contract was stopped when the fleet was disbanded, on the conclusion of the Opfum Convention. (Alter some uninteresting details of transactions with Chinese he continued) I was only the agent of a Shanghai firm in supplying the Governor of Yuonan, with rice and cartridges. introduced to many mandarin"in Canton, generally through my interpreter. He got

Interview with the Viceroy, Chang Chih-tung. I am not aware that he was only accessible through the Consult I met Mr. Jurgens in 1885; he had been doing business with the Canton, Government, but got imprisoned, on a writ of attachment, in Hongkong. He was destitute. I don't know that he had got $21,000

He belonging to the Canton mandarins. wana rival of Bidwell and Pitman, and they got him arrested on a premissory note. I got the writ set aside. I had seen Pitman in the office of the Hongkong Telegraph when I was staying with you (defendant) and had scen him writing articles, correcting proofs, and so on. Major Palmer was also there. I will sweAT that I saw him there in the spring of 1882. With respect to the Paper Manufacturing Company, it never started. The capitalists came forward, but did not put up the money. I got the $5,000 as an indemnity for giving up my tontract. The Campany was registered in my name, and had purchased some property from me. The reason the Company did not start was not that I had got the land without justification. The land belongs to the Company now- it is still in existence, it is not wound up, They paid me the money to cancel my agreement. *MUST I ANSWER,|"

Then I started share dealing. Mr. Fraser-Smith-How much money had you in the bank at that time?,

Plaintiff Am I obliged to answer the question? It is going into my private affairs.

His lordship-it is suggested that you could not pay, and it is part of the libel, therefore you

should be anxious to answer,

Plaintiff I am anxious, in a way, but I don't want to thew up all my private, business. I don't think I should be called on to disclose it may be the object of the libel to know that. His lordship-I don't exactly ice why it should be. You had better answer the question, any. bow.

It

I

Plaintiff May I refresh my memory}, Defendant-I shall want to see your books, if you've brought them.

His lordship You must be careful in putting your questions.

Defendant-Stop me at once, my lord, if I go over the mark.

the beginning of lyne.

Plaintiff bad about $5,800 in the bank, at

Have you got a record of the shares you sold on time” in the month of June! If you hare, produce it,-Am I obliged to answer that question.

His lordship-I think you had better.

Plaintiff I haven't got any distinct record, Defendant-You are a professional accountant and have been in business for nearly thirty years, most accurate, methodical man in keeping all letters and press copies -No, I wish I had. - I A poi fond of details and drudgery like that,

Do you generally address persons as "My dear" when they have tried to black-mail you? I am generally polite when I am politely addressed. When you wrote me abusive letters 1 replied abusively-I took my cue from you.

Now about Odawara-let us get back to Odawara. You remember that you said that you had no quarrel with, Mr. da Silva before the Racer-Yes, but I only want my memory Do you expect the fury to believe that you refreshing. This was a good, many years ago, transacted business to the extent of $1,800,000 da Silva is sitting there in Court-I don't think without keeping books on records of these transactions - have got enough material to it is quite fair.

Mr. Robinson asked that he should be ordered | make up statements when I required them, but i have had no time I may say for the bud out, but ultimately let the matter drop.

NO BOOKS.

The plaintiff continued-Odawara lost all the work. races at the meeting, and was withdrawn Do you really wish to make a jury of from a FACE on the off day by Mr. da business men believe that ?—I wish to make a Silva, in a very dastardly manner. There statement of the truth might have been some talk about my riding CARDINAL Donaparte, one of the oldest members afterwards, but it was not a general idea of the Sacred College, in nephew of the great that! had "roped" the pony-it was a dia Emperor. It was at one time thought that he | graceful insinuation thrown out by da Silva. might be elected to the Papacy;

1

His lordship-All in June 7 Plaintiff And the commencement of July, I'¦ also sold 6o Chinese Insurances and 100 Banks: Up to the time of the purchase of the shares from Grimble you had sold shares to the aggregate of how many million dollars ?-it does not go into millions.

I think it does it is very near it, (making a calculation).

His lordship-You say some of these were for the end of Jane-how many?

Plaintiff 100 Banks, 50 Sugars, and 50 Lands.

Defendant-Have you estimated the value of those shares-No. (doing so). They come to about $300,000.

יך

Ob it is very much more than that.--Well, that is my rough estimate.

You sold, through Mr. Hector Sampson, 500- Sugars alone, amounting to $148,250 7-Yes.

Have you got the prices you sold at, and the brokers who did your business Yes. I beg pardon-I have only put half of it down.

His lordship-It must be a considerable sum. Defendant-At a cursory glance it is consider, ably over a million dollars-I have put the Sugars down at $150000, (making another calculation) .1 make it $40,000 altogether.

We will increase that presently. You say you. only sold 550 China Sugars up to the 12th July Did you sell them through one broker?--No.

Well, you sold 480 through Mr. Sampson alone??

Mr. Robinson said that the brokers would be called.

You sold to Sugars through him alone for September and October 7-Yes,

NOT GAMBLING.

You gave orders to the brokers to sell any amount of shares forward," didn't you Yes,

gave orders, certainly.

Was not that gambling for a forward rise in the market -No, it was share "operating," the same as you do,

..

Answer my questions, and don't be im- pertinent. It is my answer.

You had no shares to go on with -No, I had some cover.

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But you say confidence was afterwards established, and your name freely taken ?—Yes. It was common report, that I had made money over my transactions.

And there has been come difficulty since the publication of the alleged libel in getting your nanie taken ?—Yes, they won't take it at all. The day after the article my name was refused in a transaction then pending.

Now, as a man of business, can you tell this jury that the mere unsupported, assertion in a newspaper that you had gimbled in shares, and won, would have injured your credit in the share market ?—Yes, coming as it did from a man who holds himself up as an imparial critic, who never gambles himself, it would bave a good deal of weight.

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From October until now you said your opera- tions only amounted to about $200,000 ?÷About. You are quite aware that since then the market has been completely stagnant, hasn't it -No, there has been a good deal of business done, Mr. Mody has been selling thousands of shares. | Don't you consider $200,000 a very large transaction, for you la that short time, in a stegnant market? It is very insignificant. Fifty or a hundred shares bought and re-sold make $100,000 in a very short time-you get a million before you know it,

Do you know a broker named Ramjahn?- Yes, I am sorry to say,

You have done a considerable amount of business with him, haven't you?--Yes, but it was very unsatisfactory,

You knew him last July ?-Yes...

Did he sell any Sugar shares for you? Yes. Do you know how many?-A lew hundreds. Did you give him any limits as to your orders? -I never do give limits.

You told him to sell so many, as he liked?- Ne, I told him and the rest of my, brokers if they had any offers to let me know.'

And you sold at all prices--sometimes below the market price, didn't you?-I sometimes sold a point or so below Mr. Mody.

In August Sugars rose to something like $300, didn't they?--Yes, for a moment. People were mad.

You had sold some shares for delivery in You said your profits amounted to $80,000 7-August? Yes. I put the end of August down as the term of the crash that was to come, and I Yes.

Supposing the market had gone against you, could you have paid $50,000 7-There might have been.some difficulty-I don't say I could not have paid it,

You said your assets amounted to $5,800 ? I never said so. You asked me what my bank ing account was,

Well, what are your other means?-Oh 1 really, this is too bad; it is my private business. Mr.Robinson-The leader which is the libelin this case is based on a specific transaction, and the defendant is. raking in all these issues to compel the plaintiff to disclose his whole business. His lordship-You have brought it all on your self-you would have evidence about these matters, so he must cross-examine. You wanted to show that he was solvent..

Mr. Robinson-I only wanted to shew the nature and extent of his business.

Defendant-What other means or property had you - bad other property,

His lordship-Well, I think you ought to state what they were.

If I refuse-will it be at the danger of losing. His lordship If I admit the question it will be at the danger of going to prison (laughter). Oh! I am not so much against answering. His lordship-Well, I think you had better answer.

Mr. Robisson. He says that if you threaten. him with prison he must obey.

His lordship-I think it is a material question. Mr. Robinson-I think so, too, but if the wit ness prefers to risk his damages rather than show his hand I think your lordship should not exercise your power.

His lordship-Perhaps you had better with-- draw the action.

Mr. Robinson-I think that the plaintiff is entitled to go on, unless privilege is. shewn, Justification has not been contended, unless in mitigation of damages. I admit that the question is a proper one, but Mr. Brandt says if the verdict depends on it-

His lordship-How am I to know? I never heard of such a thing.

Mr. Robuon He asks your lordship not to force bim, by threats of imprisonment, to answer.

His lordship-I don't think it was a threat of inprisonment he asked what the consequences of a refusal to answer would be and I told bim (laughter) I think the question should be answered he knows what the consequences

would be,

Plaintiff My objection is because I shall have to disclose the names of others-I am connected with people, and it would be injurious to me and them, to have it disclosed in Court just because it suited one man to libel me.

His lordship-I quite understand that, but think you can say how much, you were worth

you can answer that.

I had other properly,

What was it had some land in Shanghai. How much -About Thu, 10,000."

In it to your name ?—No, it is not in my name How much 7-1 don't know how much. There part of it-some of it is. le a lot in the name of a friend, and a good deal of it registered in my name at the Consulate.

Had you any other property --I have my Inheritance at home.

What is its value ?

Am I obliged to answer that I do not know

myself it is not small,

His lordship-It would be available, I sup pose, for paying debts?

of

It would not available-it was never thought Defendant-Would the land at Shanghai have you had lost? been available to pay debts with if y Certainly,

Can you deal with it if you like 7-Yes, It is absolutely yours-at your disposal Yes.

Now that would go but a very little way towards paying $80,000 if the market had gone against you never said I would pay it.

But you might have been in that position ?— No, I could not, it is ridiculous to suppose it,

Then you went in sure to win I went in with my eyes open, as a business man, to make money, not to lay myself out to lose $80,000

And how many clever business men in this Colony were almost ruined through share business last year --That is, their business, if

Isn't it a fact that before Mr. Justice Wise you swore on path that you had destroyed your book of share transactions-if you put your transaction in that way I can't #ASYCK.", His lordship Just answer the questions- Didn't you wear before Mr. Justice Wise that don't make these statements.

you had destroyed your book--I did keep a AN Emergency rheeting of Zetland Lodge, No. Plaintiff continued There was a settlement of memo book with the record in it; it was softi 525, EC, will be held in Freemasons Hall, the accounts between da Silva and myself after cleat to keep my mind right about my tran- Zetland Street, this evening, at 8.30 for go'clock the Races; it was referred to arbitration. Isactions. I produced it, and it was made a regular precisely. Visiting brethren are cordially invited. | clained $5,000, and get = $1,100. It was laudy of I thought when I was done with it "they are fools enough to do it.

-

based my calculations on that, I was a "bear,"

Now presuming that that rate had been main- tained until the end of September would you have been able to find those shares ?-I should certainly not have stuck to all my sales up to them. That was where the good management

came in,

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a letter I wrote to Mr. da Silva, The Stewards sent me a copy of it. It was my agreement with Mr da Silva.

Mr. Fraser-Smith objected to its being put in. The letter, with the Steward's letter, was put in. The letter, to Mr. da Silva contained the conditions as to Odawara, He was to be sold for Tis: 150, and bought back after the Hongkong meeting for $50 if desired. They wers to divide all winnings, etc., Mr. da Silva paying ali expenses.

Plaintiff continued—I shewed it to Major Tripp, the Clerk of the Course here, and he was quite pleased to get the information.

Car

His lordship disallowed this and other questions.

Plaintiff I am still a member of the Shang- hai Club. I have very few enemies in Shanghai, exceptamong the sporting men. In the letter which I have called a "trap" Mr. Fraser-Smith tried to make me 'n horse-dealer and a professional rider. It would have been sufficient to get ma expelled from the Race Club. With respect to the coffee pidgin" (Race und) I considered that I was a guest. With respect to my share transactions, I authorised Mr. Sampson to give the defendant a list. I could not have had a heavy loss on the market, as I was watching the market os closely that I could have jumped in at once and bought or sold, as the case might be. I was very, cautious. I may do a million transac- tions, but I never gambled. Large transactions are not necessarily gambling. If I had been bankrupt the available assets would have been ➡a quäster of my inheritance, $10,000; some shares, my personal estate, and some goods. I was restricting my imports as a merchant to prevent loss. I chartered steamer from. a mandarin in July last, for six months.

Mr. D. E. Caldwell, solictor, said that heissued' the writ of summons against the plaintiff, in 1886. He clamed $7500 for Lum Hon, for brokerage, Mr. Bidwell brought Lum Hon to witness. · Mr. - Francis was retained, but the matter dropped because witness would not give credit to Lum Hon.

No questions.

Mr. R. E. Toeg, of Toegand Gabbay, brokers, sald-I have acted as bioker to the plaintiff, With the exception of the Grimble maiter I have had no trouble with him-to speak of. In the Grimble case plaintiff bought fifty Sugars for August, and sold fifty to Benjamin at a point 'more. If each had taken up the shares there would have been neither profit or loss. Benjamin became a defaulter, and a difference arose between Grimble and Brandt. The amount of Brandt's share transactions through usin buying and selling—from the 15th June up to the end of October, amounted to $353.000, cash and "time." The cash transactions were about $55,000 or more. I don't know what the effect of the leader of the gth October had on the minds of the public, but we bave had very few forward transactions since, He has not ordered any. I have been obliged to. sign "for the concerned" once. I have done "forward" contracts for the defendant. I never told him that Brandt was repudiating his share contracts, or trying to swindle brokers.

·Cross-examined-The trouble I have had that' was "nothing to speak of" was that one settle- 'differences " due 'ment day he did not pay the

to us. He owes us $400 now, The cash transaction were in some instances for settles ment. The market is pretty dull now,

Mr. H. Sampson, broker, said-I have done business for Mr. Brandt.. I supplied 'Mr. Fraser- Smith with Information about those transactions, with his permission. I have never had any trouble with his business. I have bought Yes, but youare not a propbet-auppesing your $160,000 worth of shares for him, and with опе or two exceptions the balance WAS calculations had gone wrong, and the rate of $300

in his favor. Before the "welcher” articlo kept up until September, could you have found the shares I don't follow your argument-if II had sold forward for him, and his name was pretty readily taken. Aker that he and I had had died I should have been dead.

trouble, and I got no more orders, except oos which could not fulfil

Supposing you sold 100 shares at $250 for September 31st, and they had gone up to $300 in August you would have been $5,000 out, would not you 7-You are not wrong,

Would you have been able to pay that have nothing to do with that,

Then I will leave the jury to form their own conclusions. Now as a matter of fact on the 31st Augest had not you bought 200 Punjoins through Hughes ard Erra that you were unable to take up?—I had bought them, and I paid the difference on one hundred and got the rest car- tied over. I could have taken them up, but I gat "stuck" over 100.

Then you were not infallible, as you said just now. ?-f said there was no possibility of my being caught in a loss of $80,000.

་ ་

Do you know Mr. Samuel, brake: 7-Yes, I am sorry to say.

He has done a lot of business for you ?--Yes, in a most unsatisfactory way,

He sold a lot of China Sugars for you, and you had

some litigation with him about brokerage ?-Yes,

Is that why you are sorry you knew him 7- No, but because of the mala jides he has shewn throughout,

Did you once give him Instructions to sell any amount of shares to anyone in a position worth $25 a month, because you might get something out of them ?—No, he is romantic. I do not know him at present-be does not exist to me. I don't wish to know him.

Did you abuse him in public the other day? No.

Now about the Grimble case. You sued him for $900 ?-Yes.

You said he had $1000 of yours in his hands. What had be that for He kept it out of money which got into his hands, Shares were delivered to him for which he had to pay a large amount, and he retained this $1,003.

Wasn't it illegal to do that?—I don't know, [ đón1⁄4 know his object.

Did you allow him to retain it without a specific purpose?-No, I brought an action against him.

For $900 got him to pay $800 and then sued him for $900, the balance to which he was

not entitled,

Did not he keep this money back is cover far some large transactions you had with him - don't know he kept it back illegally.

He was legally entitled to about $1000 of it Yes, I got $800, and sued him for $900 more,

That will do—I don't think I have any more questions

His lordship-With reference to this libel of 1886-you say it damaged your charseter at the time, why did not you bring an action before -Because the very fact of my going to Court and bringing an action for damages would have entailed my shewing the state of my business, and would have laterfered with my position. with the Chinese Government. The officials detest it very much-they want privacy, and an action would have ruined me. I took advice, and I decided that an action would do me mierd hgim than good.

**

Mr. Frazer-Smith—Will your lodihip ask him if he ever-whole to me saying that the paragraph was inaccurate, and asking me to make proper amendı? A

|

Cross-examined Among a certain class of speculators Brandt's name was readily taken- to a certain extent among the substantial class, I had I had to sue him for brokerage once. paid him $24,000 profils,

Re-examined-I sued him because he said the transaction had fallen through, and I believed be bad settled the case.

Abdullah Fakeera, broker, said-I have done business for the plaintiff in Sugar shares. The transactions reached $70,000 odd. Only one was a cash transaction. Sometimes I had difficulty in getting his name placed, I did not care for his orders on that account. I couldn't say whether his name was less accep- table after the article or not-I don't think so.

Cross-examined-The only cash transaction was for 100 Selamas at $41. The rest of the $70,000 were for Sugars, for October. He took all the names I gave him. He owes me broker. age on one transaction. He asked me to sign "for the concerned" in August and 1 refused

Mr. E. Solomon, broker, asid that he had had transactions with the plaintiffs In Lands, Wharves, and Electrics, to the extent of $12,000, They had had no trouble, He had effered Mr. Brandt's name since the leader, and it was no 'use (laughter).

.'

Mr. A. Gomes, broker, said that he had put through about $30,000 worth of business for the plaintiff. He had never had any trouble with him." His name was less readily accepted now.

Cross-examined-The time Irausactions amounted to $17,000. The result was some Fundreds in Brandt's favor.

A. do Soares and J. Webster proved transac tions, mostly on time.

Mr. C. H. Drude, broker, said be had known plaintiff since 1881. Had sold shares for him since June list, altogether to the extent of $700,000 or $800,000, on time and for cash," - The heaviest settlement day was August. He had made profits, and settled his losses Witness thought the leader injured Brand's name, though bie namo, was not freely taken before that He had received many orders from him which he could not execute.

Crbto-examined—I put. $500,000 through for Brandt in August on time. There were a few cash transactions for settling purposes. I don't know what bis gains or losses were—through" me he had to pay several thousand dollars, the plaintiff since we were at school together, I Mr. A. Wieler, merchant, said-I have known know his family at Hamburg. His father was a respectable merchant, and bis mother a lady, Danby, brokers, said-I don't remember having Mr. S.J. Danby, of the firm of Benjamin and told Mr. Fraser-Smith that Mr. Brands wa repudiating his transactions,

That closed the case for the plaintiff, and the Court adjourned until tomorrow morning.

LATE TELEGRAMS,

POONA, January 19th. Her Royal Highness the Duchess of Connaught has been suffering from inflammation of the not with some fever lasting a few days. Her Royal Highness is now convalescent.

VASCO DA GAMA, January 19th, His lordship No; I won't ask that. With

Tha Lisbon Government has acceded to reference to the libel of 1888 did you think it damaged you Yes, I took advice, and was General Guerdes's request to be allowed to con advised that it would do me harm to spread sneh.tinus in bis present appointment at Gon. The a foolish libel-cast it broadside over the world Customs Commissioner and the Chief Justice as it has been now. My people, whom I have have been summoned to Lisbon, and start

LONDON, January 31st. not seen for twenty five years, might think I had immediately

Reexamined I was told that I was expelled Thirty-nine Polish and German poblenien become a prize-fighter. from the Shanghai Race Cine simply because of ⋅ residing in Russia'have been benjobody