1890-08-14 — Page 3

THE HONGKONG TELEGRAPH, THURSDAY, AUGUST 14, 1890.

more or less reasonable. Given, an equal num- itself rapidly felt, and it was a wonderful sight wards the sentry appeared. I cannot swear who ber of men to "tell off" on two successive days to see the steady but stealthy rise of the vast he was. I observed that the prisoner's feet were his observations would show that when he be glittering mass. Not a breath of wind rippled covered either with boots or shoes. There was gan with the victim on the extreme right of the the surface, and to see the mud villages, grave another coolle, the one pulling the punkah, line he could dispose ofprecisely twenty-five cases mounds, with here, and there a group of ponies on the verandah in addition to the deceased. in seventy five seconds, while if he tackled the on the higher spots surprised at grass and When 1 saw the prisoner he had walked about miscreant on the extreme left of the line ho will stolidly swishing the flies from their flanks with ten yards in the direction of the latrine. I was get no farther for the next ten minutes in their long tails, unconscious of the rising danger, able to reengnise the prisoner as I know him. consequence of his having to listen to an-to see these all placidly mirrored in the silent and further it was a bright moonlight night. I impetinus apology for a few hours' absence in water it required an effort to realise the irresisti-won't swear to the sentry as I did not take any which Battersea Path, his aunt's friend's sister, ble force of this remarselens element. By mid- particulr notice of him. I have seen the last the Canterbury Music Hall, and, an engine day the water had covered all the roads in the witness and think that is the sentry in question, Cross-examined I am quite sure that when driving friend, of bis become so hopelessly mixed inner plain, except the Cemetery Road, but the

I first saw the prisoner I was at the second with each other that the bewildered officer is Taka Road remained dry until Thursday morn- gle to compromise matters by remanding the ing, when its sanctity was also invaded. During window on the north side of verandah, and he was going into the latrine. I recognised the ca for the commanding officer, who will the whole of Thursday the water rose stendily probably call-in to Barracks about the dinner over the lower portions of the Taku Road, Messrs. prisoner clearly as he was going into the intrine. hour if he has nothing else on hand requhing Mackenzie & Co.'s premises were completely I'm certain that there was plenty of light on the follow when the names are called alphabetically Kuanglong Road it washed the back walls of with having kicked the deceased does not one day ad in the order they appear in the Messrs. Cordes & Co, Dr. Irwin, and Messrs. operate on my mind to cause me to say that he had boots on. When I came to the "Charge report the next; some criminal with Plaikoff & Co.'s premises.

corner I don't. remember whether I heard a painful want of appreciation of the value of

any noise or not. At the time I got up to time, and system, is always sure to "Thank you for leave to spin. Sir," which is the antique

the deceased he was groaning. I don't speak Chinese, but the deceased said something that formu'a in which leave to explain matters is requested in this Battalion, another equally

made me understand he had been kicked. He curious phrase being that In which a man who

said "kick me" or something like that. I don't is ten minutes late for parade is described as

kapw positively. I am not prepared to swear being "ten minutes crowded {"

that before the affair of the 31st ultime I knew the prisoner's name was Leslie, I found it out by seeing him taken to the charge room, and the assault entered against his name. I am not a Highlander, but have seen the prisoner on I know nothing of his several occasions. falling over any verandah at the barracks. I came to Hongkong in February last.

cannot be accepted as correct. The figures in testock book were only put in this year and I say supposed represent supposed value. because there are no other books wherewith to check the entries.

In re examination witness said I have had considerable experience as a book-keeper. It is quite possible that an unscrupulous man could have made up his stock in August in such a way 1s to cover discrepancies in view of a fire and the subsequent magisterial inquiry.

which he alleged that the plaintiff had written, saying that as he (Ayon) had been put to so much trouble he was to keep $6co. This letter was repudiated by the plaintiff.

His lordship discredited the letter, and gave judgment for $590.

IN APPELLATE JURISDICTION.

(Before the Full Court)

August 12th,

APPLICATION FOR LABEAS CORPUS,

The plaintiff was then called. He said-My son told me at the beginning of this year that business was impraying, and he wanted to extend the business. I told him to get it outside, Mr. Phillippo (instructed by Mr. Rodyk) and he went to Mr. McBean. I did not go. My Tuplied for a writ of habeas corpus in respect to ther son ran away about that time, taking about Lung Ki, whose extradition on charges of murder, burglary, and kidnapping in Chinese $250.

Mr. Robinson, in closing the case for therritory had been ordered by the Magistrate

his attention. Much the same indefinite resu'ts surrounded, and from the Meadows Road to the verandah. The fact that prisoner is charged The invoices of the 1889 stock were defence, submitted that the issues he had set out

In many other ways this really clever officer's mis-applied and superabundant seal proved a very whip. of scorpions in the multitudes of Irritating trifies he laid down for observance, and, although no real act of injustice or cruelty was ever perpetrated, there is no knowing how long or short-such a constant strain on the temper of a semi-discontented body of men so difficult to manage as a regiment of soldiers would have continued ere it culminated in some more or less serious act of insubordination. In the case in point, however, the adjutant was fortunate enough to receive a staff appointment, the battalion sincerely congratulating itself on the selection. It may have been only a coincidence without point or value, but it may, nevertheless, be remarked that just about this time the com- 'manding officer took occasion on parade one day to animadvert severely upon the despicable baseness and vulgarity of people who would write anonymous letters to General Officers Commanding, not only exaggerating the zeal and energy of an excellent officer on the staff of the Battalion but totally ignoring the officer in command of it. He concluded by appealing to the men to sign their names to all anonymous letters they wrote and send them to him, assuring them at the same time both of redress of their grievance if it existed, and immunlty from punishment for making the complaint whether it was justified or not, which immunity is secured to the men by even higher authority than the Officer Commanding a regiment, powerful for good or ill though he be.

THE FLOODS IN NORTH CHINA.

own

As the water threatened the Taku Road the only practical measure of defence which was organised was a dam hurriedly run up from the corner of the compound wall of the Japanese Consulate across the Taku Road, and carried outside Mr. Tenny's house, the Flour Mill, and Mrs. Moore's dairy, to the archway of the mud wall over the race course Road. This clever piece of extempore engineering was probably due to the sharpened instincts of the Jesuit mis sionaries, who own an immense amount of house property within the protected area, and whose recently erected houses on the French Conces sion had been mercilessly flooded the day before. In thus defending their own property the good Fathers also protected a vast number of Chinese tenements, and also much foreign owned land, godowns, and houses which are included in the section, the Taku Road gateway being high enough to keep out the water on the side. The inner plain was rapidly filled from the outer plain entirely through the openings at the Hai knanssū, which could easily have been blocked, but no thought was given to this until the flood was pouring in like a mill-race, when chairs and peacock's feathers and ted tasselled cavaliers began to career along the wall ina stage of airless disarray.

Another excellent piece of work was the

prompt protection of the Gas Works, when the Cemetery Road was threatened. Improvised. embankments were thrown up just in time, for before they were completed the side of the Gas Works was only approachable by wading through 2 feet of water. Now it is believed the measures taken will insure our regular supply of gas, the deprivation of which would have been severely felt, and the Directors of the Company deserve credit for their promptitude.

as it was in 1871...

The progress of the flood on the north, or cast, or left bank of the river has been even more disastrous than on the right bank. The exten. sive plain between the French Marsh and the river Was Asoded from several sources, and others from a huge gap cut in the outer will close to the railway bridge; through this for two days the waters rushed with all the features of a rapid-the roar being heard at a considerable distance, Cutting the creek stream at right angles the combined floods seethed under the railway bridge and rapidly rose to the level of the military road which runs from the city to the Arsenal and Camps. This, although 6ft. above the level of the plain, is into a wash, and should the slightest breeze arise will inevitably be totally destroyed, as the waves attain considerable size "fetch, in a and force, having so long a northerly or north-westerly blow,

The quadrangular plain which contains the Camps and brick kilas had complete exemption from water till Thursday'; and would have had it still but for the supineness of the Chinese authorities and the incompetence of the gangers on Thursday a wet mud wall (no dry material being then obtainable), three feet high and three feet broad, was thrown up to keep back the waters threatening the plain from the moat this proved ridiculously inadequate, and on Thursday, at three a.m., the pent up floods broke through.

To his Worship-I swear that the words which the deceased said to me were "makee kick," or something very much like it. I am sure the deceased said this to me as soon as I came up to him on the verandah that night. The noise I heard was like a man in pain, and it was 1ery that caused me to come out on the verandah to see what was the matter. When I left to go down to the orderly to report the occur rence the deceased was in the same position as when I found him. He did not tell me who struck him. I have no idea why the prisoner wanted to strike the deceased.

James Hutchison, recalled, said:-The last witness was on the verandah when I canic there on the night in question.

Cross-examined-1 remember saying that the deceased was on his knees when the orderly came up, and that is true. I was about ten seconds in view of the deceased. I at once took Leslie away. Some of the men about there said that Leslie had been interfering with the punkab coolie. The prisoner had a shirt and pants on, but when he was in the guard-room he was without boots. I am not sure whether he had boats on when I arrested him or not. I know that when we took the prisoner out he had to mounted put

that night we guard at half-past six all took off our boots. The practice on board the Seance is for the guards to take off their boots so as not to disturb the patients. The pri- soner has walked in his sleep twice to my knowledge: on one occasion he fell over the side of a verandah and was sent to hospital. When the guard came to take him be was

his boots. When we on

order to accompany them. When he was wanted I had to look for his boots.

At this point his Worship adjourned the case,

SUPREME COURT.

IN ORIGINAL JURISDICTION. (Before Mr. Pielding Clarke, Acting Chief Justice).

August 7th, 1890.

CLAIM FOR INSURANCE MONEY.

Joaquin Gomes, landlord of the Globe Tavern, claimed $6,539, the amount due under a policy of insurance issued by the Hongkong Fire Insurance Company.—Mr. Francis, oc (instructed by Mr. Wilkinson) appeared for the plaintiff. and Mr. Robinson (instructed by Mr. Wotton) defended.

The Cemetery itself is unfortunately covered, Like an island in the sea stands the Po Wen Shau Yuen, the new College on the river bank, its immunity being due partly to the height of its foundation, and partly, to the substantial embankment thrown up round it. It is wonderlul The following account of the floods at Tien indeed how effective these simple contrivances tsin we take from the Chinese Times --The are, for on the opposite side of the river the cessation of the rain during the greater part of Military School, which was so easily inundated Sunday fed the delusive hope that we might by the last floods, has been kept perfectly dry escape the threatening deluge, but when it was by the good carth-work which was thrown up asleep on his bed and had to put on his boots in resumed with redoubled force early on Monday round it after that valuable experience. morning, the 21st, the situation soon became desperate. The whole of the French Settle- ment was then found under, water, Consulate and Naval Secretariat included. The buildinge of the French Syndicate were scarcely accessible, and rafts were navigated about the streets. As for the jerry buildings which ornament the French bund their occupants were shut in between two flords, the one that threatened them below and the one that made cascades through their roofs and ceilings. So rapidly did the waters zise that no general precautions had been taken, and the excitement was excessive during Monday and Tuesday, every. ane seeming to do what

best Was

to protect his property, regardless of consequences to the contrary, Whether in making extempore embankments or in cutting through exlating ones, saure qui peut was the only principle which could be followed. The first specific disaster was the breach, or overflow, or cutting of the right bank of the Peiho at the Korean Consulate, which occurred on Monday, and sent an immense volume of water inte the lowlands which skilt the eastern suburb of Tientsin. The salt heaps on the opposite side of the river were threatened, the lower portion of their contents being actually reached by the water before any. thing effective could be done to protect them. Some Years ago the country was deliberately put under water in order to save these same saft heaps, and the like policy would have been followed in the present case if the impetuous stream had not got ahead of the slow cerebration of the Salt Commissioner. The whole area on the left bank enclosed by the mud wall of Sankolinain was flooded on Monday, and the large population which has grown up there within the last few years were washed out of their houses. The area is bisected by the railway embankment. Imagining, quite truly, that this embankment and mud wall dammed the body of water to their detriment, the people, with the tacit sanction of the authorities, cut through both, and allowed the rapidly rising water to burst into the open country, where it wastes everything it encounters and where it will remain probably years. A second breach had been formed on the right bank, whether by nature or man's hand, near to Messrs. Maclay & Co.'s premises, whence the water found a tempting outlet into the plain through the hollow space which adjoins the Viceroy's and the London Mission Hospitals. These casements, with the numerous breaches

According to the recollection of "the oldest made in the higher reaches, in the Husnho, Yuenho and Pelho seemed to take, so much inhabitant," and from certain marks on stones pressure off the Tientsin Reach as to reduce the and walls, the height of the present flood is about level of the river between Monday and Saturday a foot less than the great flood of 1871, and as by seven inches, and portions of the French the Taku Road as well as the roads within the Settlement has appeared above the water. But British Settlement have been considerably raised the fate of the low grounds at the hack of since then by repeated layers of macadam, the the British Settlement and City was scaled by inconvenience to foreign residents is not nearly their low level, for at the two breaches at 60 great now as on the former occasion, Machlakew (which have since been closed) there

for

So far they have been kept from evading the Arsenal itself, but how long this great centre of labour will have exemptiou is uncertain. The Camps, the Arsenal, and the Railway are now the only land visible on the left bank.

"The water has been practically stationary since Thursday night, neither rising nor falling. The river level varies a few inches, but on the average is a feet 6 inches above the water on the plain. The Grand Canal level is of course the same as that of the Peibe into which it falls, and as it still pours its waters on the plain the fact that the rise of the latter has been arrested seems to show that the water is finding an equivalent outlet somewhere, Reports came yesterday from, Paitangkou, where steamere now discharge, that the water had begun to pour from the plain, into the river.

The water is up to the City walls but it cannot get through; the gates on the south and west sides are closed and dammed up. The Viceroy's Yamên, situated on the father side of the Grand Canal is, however, under water.

...

'AGAINST 'A' SOLDIER.

Alexander Leslie, private of the Argyll and Sutherland Highlanders, charged with causing the death of a punkah coolie at Wellington Barrack on the 31st ultimo, was brought before Mr. Wodehouse at the Police Court this after noon (8th inst.), on remand. The Court was again densely crowded with soldiers

!

weat to Japan In September. The balance shret for 1889 is lost. I keep some books my sel. They are the Sundry Debtor book, the Day book and the Cash book, The books for 1889 were written up to the end of August, I don't know how my brother made up the balance sheet for 1889. I personally know nothing about the way my books were kept The cash book which I kept is missing. If a thief broke in and in addition to stealing the cash took also the cash book, I don't know what good such book would be to him. On the 31st August 1989 the stock in hand was valued at $3.255. Mr. Roberts and I made out the stock sheet at that date. I knew the value of the stock, Roberts didn't. When I said at the magistracy that "I was not taking stock" I did not speak the truth, for I was really assisting in the making up of the stock' account, produced by me at the magisterial inquiry, I can't remember what rate of interent I paid on various loans I obtained of several Sikbs. I'm not prepared to swear that I did not say at the Magisterial Inquiry that I paid per cent, on certain loans. I can't remember the matter as it is so long ago.

Cross-examination continued :—I usually paid my debts by cheque on the bank. After my brother left for Japan there was a change in the manner of conducting the business. The books were no longer kept, and I ceased to draw In December 1889 my balance cheques. was $40.90. After August 1889 I drew four cheques on the bank aggregating $4 for The Paying in goods, and nothing more. book shows an entry of $125 on the 6th June 1899 which does not appear in the bank pass-book. The entry in the said Paying-in book is in my brother's band-writing. That entry in the Paying-in book was declared by the bank to be a forgery. It was not initialed by the bank's clerk. I presume there were other forged entries in the Paying-in book. I don't know whether they are forgeries-I presume, so. I took no action against the bask in respect to the alleged forgeries, Entries corresponding with the forgeries in the Paying-in book were made in the cash book under the belief that they were perfectly valid.jp

刂

Mr. Francis:-This is a most extraordinary defence dragging in all sorts of unpleasant historical details.

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at the beginning had been proved. There was a fire-the origin unexplained the plaintiff's on the last to leave-and his solicito claimed that the loss was at least $10,000. Yet it was clearly within plaintiff's recollection that the value was under $6,000. That was a mis-statement, to begin with. The next point was that shortly before the fire plaintiff's son was borrowing money at heavy rates of interest. In the third place the books were not posted up to date, which justified the suspicion of fraud. Con gidering the extremely small, streamlet of trade which trickled through the shop, what motive could there be in not keeping up the accounts except to cause an imbroglio when the books Сате to be examined? Just after the fire there were several bills to meet, and, failing to borrow the money, Gomes junior had had to seek another mode of raising it. Under such circumstances the Company pre- ferred to leave a Court to decide the validity of otherwise of the claim, believing that at any rate deduction of 20 per cent, should be ordered.

a

The grounds of the application were that the warrant on which the prisoner was arrested, in July last, stated that the offences were commited on the 17th March, whereas the witnesses stated that they occurred on the 17th May, The fidavit of the prisoner, which Mr. Phillippo read, set out that he was innocent of the charge, never having been out of this Colony for the last twelve years.

The Acting Chief Justice-We don't like refusing these applications, but we don't see the slightest ground for this-it seems a most friva

lous ane

Mr. Phillippo urged that the Magistrate had *xceeded his powers in allowing the warrant to he amended, and that Chief Justice Russell and Mr. Justice Leach bad granted a writ in the case of Leung Po on similar grounds.

Their lordships ultimately granted the appli cation, making the writ returnable for Thursday.

IN SUMMARY JURISDICTION.

(Before Mr. A. G. Wise, Acting Puisne Judge.)

Mr. Francis did not think a reply necessary, His lordship, in giving judgment, said that the issues were-first, whether it was a fraudulent- claim? and secondly-was it an exaggerated CLAIM AGAINST THE STEAM LAUNCH COMPANY," one? If it was a fraud it was about as Laa Tai, owner of sampin 2,118, claimed one as could be imagined, for it | $966.51 as compensation for damages caused by wicked a was suggested that the plaintiff concocted it collision with the Patience, belonging to the long before, the fire, with a view to acting Steam Launch Company, Limited -Mr. Robin- as he did that the stock-taking was, bogus, son (instructed by Mr. Wilkinson) appeared and only done with a view to committing for the plaintiff. and Mr. Francis, Q.C., with Mr. Robinson: Yes, doubtless very unples- a crime. That did not seem probable to him- Mr. Phillippo (instructed by Mr. Rodyk)

it had evidently been taken on the date alleged, defended. sant.

Cross - examination continued:--I never and the length of time elapsing between then actually, paid in any money to my father. The and the fire made it still less probable, especially order book is lost. I ordered the goods on in view of the fact that in that interval large speculation to some extent. They have arrived consignments were ordered, and in most cases and been sold since the fire, there were about received and paid for. The case, as virtually $3,000 worth. I have stopped other consign presented, was that the old stock was sold, new ments. I sold what arrived to Mahomed Arab, goods obtained, set on fire, and-only their cost who opened the shop next door. I collected value claimed. He was satisfied of the genuine $1,165 book d-bts, last November and Decem-ness of the stock-taking, seeing nothing. In it ber. I am claiming full value for my goods to paint to fraud, In view of that it was without making deductions for depreciation, unnecessary to examine the rest of the books, Re-examined by Mr. Francis witness said - He therefore found for the plaintiff on the first I kept the Day book, which I pasted up from the issue. On the second-the amount of indemnity rough Day book kept by Roberts. The ledger if he bad anything tangible to go by he would was posted by me, from the Day book, up to allow something for depreciation, for it was the tal of January 1890. I recovered my books self-evident that much of the stock mast and invoices from the debris in company with have deteriorated, but as the plaintiff had not Inspector Perry. My father can neither read nor write. My brother ran away from this colooy, I did not know that intended to leave at the time he disappeared. As far as my father and self are concerned we lost about $600 by my brother's departure, which he had made away with. After November the ledger is not posted up, so, as the cash book, is not in, existence, 1 should not be in a position to press claims against debtors who chose to deny liability. Roberts left Hongkong subsequent

to the fire, but I don't know exactly when

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Mr. Robinson read the pleadings in the case,** which set out that on the 22nd April last, about 11.45 p.m. the plaintiff's bont was anchored about 140 feet from Douglas Lapraik's buoy, when the Patience, whilst approaching Peddar's Wharf, suddenly swerved, and struck the boat amidships, capsizing her, and throwing the occupants into the water, with the result that a youth seventeen years old was drowned. The launch proceeded on her way, without stopping to render assistance. The defendant Company, in their answer, alleged that the sampah was tastened to another boat at a greater distance than 140 feet from the Praya, and denied that the Patience diverged from her course at all, or that, the crew did not render on the contrary, several assistance, as, of them jumped overboard and rescued the occupants of the boat, Mr. Robinson added that the plaintiff's pleadings had been drawA up by Mr. Webber, and it was desirable to alter them by setting down the distance of the boat from the shore at 140 yards, instead of feet, and admitting that the people on the launch did all in their power after the collision. The boat was anchored opposite the P and Q, offices, and had a light up, the accupants being asleep. There was no moon, but the night was clear, and the tide was ronning to the westward. The theory of the plaintiff was that the launch, whilst Mr. Fielding Clarke, Acting Chief coming to the Wharf, for some reason swerved, through the steeraman making a mistake, or being asleep, perhaps.

been cross-examined on the point there was nothing to fadicate the proportion those goods bore to the stock. The shipping charges, according to the plaintiff, had not been added to the cost price, and must be allowed; and with respect to the other details the plaintiff's state- ment was not controverted, and they must pass, except an item of $50 for books, and $222 for five dozen shawls. Judgment would therefore be given for 85,586, with costs.

he took bis departure. I can't form an idea as to what amount was due to me at the time of (Before the fire. The loss of my cash book prevents an accurate statement upon the subject.

By Mr. Robinson:-I cannot form a proper. idea of the amount.

Re-examination continued:-Some account sundry debtors on the ground that they had been sent in since the fire have not been paid by paid prior to the fire. I have, claimed for all artices that ? distinctly remember.

His lordship-Had you not better settle this case now? Perhaps it might not be worth the while of the insurance company to go on with the case. So far there has been no case made

out.

IN BANKRUPTCY.

Justice.) August 11th.

A DENEVOLENT BANKRUPT, Mr. Wilkinson applied, on behalf of Ibrahim as a bankrupt. He said that the grounds of the Cassumbhoy, for the adjudication of his client petition were that Cassumbhoy was unable to keep his engagements with his creditors, The schedule which he had filed shewed that the liabilities amounted to $9,845, and the assets to $3,667, besides furniture, which he valued at

Mr. Robinson-I am sure that my clients will$1,600, clothing worth $50, and some goods

setred in execution, $68.50. give full consideration to your lordship's sugges

tion.

At this juncture his lordship adjourned the hearing until hälf-past ten to-morrow morning.

August 8th.

Mr. Francis, in opening the case, read the pleadings and, continuing, said that the premises occupied by the plaintiff, 6 and 8 Lyndhurst Ter race, were insured in May 1887 for $6,000, and in November the amount was increased to $d On the agth January last a fire occurred, and the greater portion of the stock was destroyed by fire and water, what little there was saved being sold for. some Szco or $300. Most of the books and papers were saved, and a claim, made up from them, was sent in to the defendant Company.. The first The case of Gomes v. The Hongkong Fire items were-stock, as shewn at the stack-inking Insurance Company, in which plaintiff claimed last August, and shipping charges. The market $6,530, was resumed this morning. Mr. Francis, value of the stock was not claimed, as it might... (instructed by Mr. Wilkinson) appeared for the plaintiff, and Mr. E. Robinson (instructed by have been, but simply the original cost, as would be shewn from the invoices. That' Mr. Wotton) defended. ámounted to $3,621, and the stibsequent additions to the stock were set down at $2,937. The furniture and fittings were valued at $32, or, nl. together, $7,723. Of course there had also been sales, and as 60 per cent-the usual profit-was deducied, they came to about $1,183, fifteen per cent being set down as cash transactions. That left the total $6,539. The claim was disputed by the Company, who in the first place denied that goods to that value wera in the store at the time of the fire, and in the second alleged that Gomes had taken advantage of the fue to put in an excessive and deliberately fraudulent claim. If they proved that allegation, of course, the plaintiff would lose, but the contrary would be; shews.

Mr. J. Grant Smith, commission agent, said I know Gomes Junior, the son of the plaintiff. Last year, when he was in business in Lyndhurst Terrace he got some goods from England In October consignments came through me. by the Telemachus and Kaiser-i-Hind,

Mr. Alessandro Amadore Eça da Silva said I have been in the millinery and drapery business in Hongkong for four and a half years. The average profit was 70 to 75 per cent-- sometimes, 150, and even 300 per cent on some things.

Cross-examined-I had also five years' experi- ence in Foochow The business was profitable when I closed it.

That closed the case for the plaintiff,

His lordship—Isn't the furniture sold, on the the hire system ?

Mr. Wilkinson-No, it is ta bë returned, His lordship-It seems a very bad case; these poor Sikhs, I am afraid, have fent money-

Mr. Wilkinson-He has been trusted for a great many years, and I believe his creditors are willing to trust him. My client is a most open hearted and open-handed man-

His lordship-Never mind that I'll adjudicate him. What about protection ?

The Deputy Registrar thought that it should be afforded--a good many of the petitioner's debts were good, and he would probably pay 50 per cent.

His lordship-A great many of the debis are for money borrowed from Sikba.

Mr. Wilkinson-I am informed that this is nearly all interest.

to

The first meeting was fixed for the 28th Inst.

RJ. F. WEBBER.'

His lordship granted the order.

IN SUMMARY JURISDICTION. (Before Mr. A. G. Wire, Acting Puisne Fudge);

The plaintiff was then called. He said that he had been employed by Douglas Laprake and Co. for the last twenty years, and was well acquainted with the harbor regulations. At the time of the place, and witness and his wife and family were collision the boat was anchored in the usual asleep. When the boat was capsized they were all thrown into the water, and the eldest boy drowned. He lost $tor in notes and silver, besides some clothing and jewellery. The cost of repairing the boat would be $15, and it cost $15 to recover the body.

Cross-examined My wife and five children were in the boat with me. They were all our children-none of them bought. Three of them slept onthe deck, and two below. I kepithemoney and Jewellery in a tin box under a plank. Thad counted it that night, to see how much we had to celebrate my son's approaching 'marriage. Shortly after the collision claimed $700 from the Company.

Re-examined-My son could earn his food and $3 or $4 a month.

The plaintiff's wife and a woman who was in the next boat corroborated,

P. C. Coates said-I was on boat duty near Peddar's Wharf on the night in question. I' saw a lot of sampans anchored to the west of Douglas Wharf, all, apparently, having lights. It was a clear night. Nearly an hour after... wards I found that one of the boats had been capsized, and was being baled out.

Cross-examined-The anchor was still down, and the children on board the launch. The sampan was in the fairway from Telm-tea-teol to Peddar's Wharf; he took particular notice of

that.

P.C. Craig gave similar evidence. He added that, owing to the strong current at the spot, the launch would have to keep well to the westward of Peddar's Wharf.

Cross-examined-He found the capsized sam pan almost in a straight line between the Whart and Tsim-tsa-tsol-right in the fairway. He saw the boat next day-there were no timbers broken. Shortly after the sccident he saw a woman in the water-logged boat, pulling clothing

out of the stern.

The evidence of a quartermaster on the Fakten was read. It was to the effect that the Patimer had deviated from her ordinary couran when the collision occurred,

That closed the case for the plaintiff,

John Minhinnelt and W. E. Van Eps petitioned for the adjudication as bankrupt of J. F. Webber,. formerly a solicitor in the Colony —Mr. Mossop was present on behalf of the execution creditor.

Mr. Van Epsasid that Mr. Webberwasindebted him to the extent of $271, and his adjudication His lordship thought that a jury should have Mr. Robinson, on behalf of the plaintiff, said was desired, his goods having been sold, and hẹ been called in the case,

that there were two lasues-first whether the baring gone to Australia. Witness was engaged John Gomes was then called. HosaldMy father claim was fraudulent, and secondly, whether by him as clerk, at a salary of $125 and quarters. set me up in business in the drapery line, at Nos. proof bad been shown that the plaintiff bad He claimed his wages from the 3rd May to the 6 and 8, Lyndhurst Terrace in 1886. My father suffered to the extent alleged. The policies 16th June, and a month's pay in flea of notice.

under which the claim was "made contained a ;; Mr. Minhinnett said that Webber owed him took no part in the management of the business beyond providing the capital. In May 1887 I provision to the effect that if there was any $1,000 on a promissory note. He had applied Insured the stock with the Hongkong Fire Insue- | wilful mis-statement on the part of the insurer | for payment, but Webber told him to wait a ance Company, for $6,000. In Nov, following 1 in support of his claim, it should be annulled month or two. was a drop of several feet from the river bank THE CHARGE OF MANSLAUGHTER insured it for a further sum of $4.000, $5co being The case had been contested in the interests to the adjoining land. The receiving area

on furniture and personal effects On the 25th of the public and fire insurance companies was to extensive, however, that no visible im-

January lost a fire occurred, and the greater generally, as, after a due examination of pression was made in the level of the water in

portion of the premises were destroyed by fire the books, the Company came to the conclusion

Surity 4. The Insurance Company took that the damage had been grossly exaggerated. the plain during Tuesday, and from all that was

and water. known then it appeared that if these outlets bad

charge of what was salved. Afterwards my Absuming that the cost of the stock, as set been stopped, as they might easily have been,

father sent in a claim under the two polices. I down by the plaintiff, was correct, there bad the plain might have been saved, at any rate

prepared it from the hooks. The first item was besa no allowance for depreciation.

& SHADY DEFENCE. that portion of it which is within the Western

the stock, as made out in August last, $3,168. The Mr. Robert Hurley, accountant, seld—I have

Chau Chek Shan, a resident in Canton, waed are of the mud wall of Sankolinsin. It is trua

shipping charges I estimated at $435. The had twelve years' experience as an accountant that from an overflow at the Everlasting Hend,

furniture, fittings, etc, of the store wers in the East. I have examined the books kept Leung Ayah for $800-Mr. Reece appeared for two miles by road and about three, by river John Leonard, a member of the Army Medical valued, at $527. I deducted fo per cent by the plaintiff, to ascertain the value of the the plaintiff, and Mr. Wilkinson defended. below Tientsin the water was pouring Into the Staff Corps, said: I am stationed at Wellington because I make that amount of profit on the stock at the time of the fire. I found that itThe evidence for the plaintiff ahewed that in country between the canal which skiria the race Barracks. I remember the night of the 31st invoice cost of goods. The smallest profit in amounted to $1,165.98: I compiled my estimate June last year the plaintiff's father met the course and Sankolinsin's wall, and on Tuesday July. I was going to bed when I heard anetailing would be about 50 per cent In our from the private ledger. From my experience defendant at a dinner here, and it was ultimately It was beginning to break over the Municipal unusual noise at the other end of the verandah store we sell chiefly on credit. My whole claim should say that for stock of the description arranged that the defendant should superintend elaimed for, 25 to 50 per cent should be allowed the re-building of four houses in Inland Lot 453) read leading to the race course. Whether from bear the urinal which is situated there, facing of $6.539 is a fair claim at invoice prices." these various sources sufficient water would the harbour, I went out and observed the In cross-examination witness said: The fire after being in the shop two or three years which belonged to the plaintiff. A power of come into cover the faner plain'in rear of the prisoner going, to the urinal. I went took place on the 25th of last January. I was the Bonnets, for Instances would depreciate about attorney was given to defendant, and as the settlement was a subject of anxious speculation on and saw the coolie who pulls, the last person to leave the house. The alarm of one-fifth If the fashion changed, or, in dress work went on $3,300 were forwarded. It was on Tuesday. It was all a question of the levels, punkah, I saw there was something the matter. fire was given about midnight. I went to the material, if stripes "came in spots would ultimately found that the contractor only received about which people generally had no very clear with the deceased, and in reply to my Union Club with Mr. Moore, the barber, that depreciate,

4 wheels: $2,500, but defendant refused to return the rest, Ideas. Conjecture was set at rest however by question he made me understand that some night. I said to him that I wanted to get my His lordship Icquired if they wouldn't sell to saying that he would keep it for his trouble.

Defendant admitted the receipt of the money, the advent of a new factor which was aigualised man had kicked him. During the time I was books out of the shop, and he told me that I Macao, he can ang Aprikas 20,

Mr. Francis thought so—Macan fashions were but explained that two of the houser fell down on Wednesday morning. The water had been speaking to the deceased, the prisoner returned could not get them out. I had a good deal of

E. Howard, belonging to the Gwalior, gava visibly rising in the ditches of the inner plain, and said "What is the matter, Joe ?" He then money in the house at the time of the fire always a few years behind Hongkong, lâu, whilst being erected, and he had a great When the report came in of a break in the bank attempted to strike the deceased with his which was taken out of the cash box,Witness said that he had seen 835 bonuicte deal of trouble with the contractor. In addition similar evidence, four hour of of the Grand Canal to the westward of Tientsin fist, and was prevented by the sentry on duty as I suppose, during the fire. I don't know what sold for 75 cents on account of the alteration of to that he had spent a considerable amount in Chan Loi, sicereman on the Patience, sald about 177, at a place called Tassochibkou. He then went back to his rooms, and I went profit my firm made in 1889. There was the fashion. He would strike-$600 off the salaries for watchmen, and had been put to that on the aand April he was at the wheel. On The break was variously reported at 400 and down to the ground floor and reported it to the profit that year of about 60 per cent. F'did not mount claimed by the plaintiff, for depreciation expense in going frequently to Canton, at $9 a | the trip in question he stopped, the engineer 1,400 feet in length, and the level was said to be orderly on duty. The prisoner was drunk be mention it to my father... I cannot show how the Cross-examined To prove its correctness the trip. In proof he put in a number of chits signed when approaching the wharf, and passed within feet above the plain into which the water was was staggering.. No one but deceased and my Pront and Loss account was made out la 1889 total value of stock must be traced to entries in by him on the steamhosts, but his lordship would eighty yards from the Douglas buoy. He then flowing. This immense body of water minde, self werd on the verandab at the time. After because it was 'niade out by my brother, who other books. The entry in the book preduced not receive them. He also produced a letter heard the look-out call out to him to go to the

Mr. Francis said that the defence was practi cally contributory negligence.". There was no doubt that the accident occurred, but as the boat was in the fairway, without a light, she was entirely to blame. The crew of the launch were on the look-out, and as soon as the boat wAK sighted the engines were reversed, so that the collision was only very slight. As to the damages claimed, the defence, denied that any money or property was lost. With respect to the drowning of the youth, Chinese life was not hold so very valuable here, and Brco would be ample compensation,

Hordship-That has not been the case lately on shooting excursions, (laughter),

Mr. Francis then put in the evidence of Mr. W. S. Allan, third officer of the Nisan, who stated that he came over in the Patience on the night of the collision. He heard the look-out shout out, and the anginan were reversed.” – A sampan was then struck She had no light, The crow rendered every assistance.

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