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of our capital we have relied on luck.. The result is doubtful, but if decide on

wg remaining in possession the cost of so doing must not be shirked: our strength must be increased until it reaches the same standard -as that of our rivals in the neighbourhood. If, on the other hand, we finally decide to eva cuate the withdrawal would most certainly be regarded as further evidence of our weak ness, and would be another blow to our diminished prestige in the Far East. If, when before taking it over, we did not mean to keep it, we should have left. Weihaiwei along. On the other hand there can no doubt that Sir Ernest Satow, British Minister to China, who is an aggressive defender of our possessions and prestige in these parts, is likely to favour the extension of the naval base, while Japan would undoubtedly strengthen his hands in proposing the retention of the position. Much, of course, depends upon what is decided regarding Port Arthur,

· Courced by France, Russia, and Germany Japan quitted the stronghold, which, in 1895, had been ceded to her by China as part of the fruits of victory, upon the understanding that it should not be occupied by any other Power. Yet within three years it was in Rus sian occupation as a fortified base. Japan has since regained it, and should she be asked to again evacuate it will do China no service, much less herself, to abandon it merely to let it fall again into other hands. Nor could she be expected to hand over a position of such political importance in her relations with China merely to give pro- minence to other Powers stationed in the vicinity. I she quits while we and Ger many remain at Weihaiwei and Kinochau, respectively, what compensation would Japan have for the sacrifices she has made?

THE HONGKONG TELEGRAPH, SATURDAY, JANUARY 21, 1905.

CAPTAIN SUES STEAMSHIP

COMPANY.

DAMAGES $600.

17th jost.

THE CHINA AND MANILA »

STEAMSHIP CO., LTD.

THE IFFECT OF JAPANESE COMPETITION. At the Supreme Court this morning, At the Supreme Court this morning, before Original Jurisdiction, the Chief Justice (ir Henry S. Berkeley) had before hira, a petition. the Chief Justice (Bir Henry S. Berkeley) Au- of the above company to confirm a special drew Casey, master mariner, East Street, Kow-resolution reducing the capital of the company loon, sued the Wing On Steamboat Company, from $1,500,000 10 $750,000. ~ Limited, for $60s and costs, being damages for wrongful dismissal from their service.

the plaintiff, Bir. P. W. Goldring (assistant to Mr. F. X. d'Almada e Castro appeared for

Mr. Hall Bratton) defended.

Mr, l'Almada, in opening the case, said the plaintiff brought the steamship Chutong back from Manila, some time in the month of July last year. He was on arrival appointed to the command of the vessel which it was the intention of the defendant Company to run on the West River. He took command of the ship on the 1st August, at a salary of $o a month. He continued in command until the 30th November when he received a letter from the defendants, stating that after the 1st of December they did not require his ser- vices. Plaintiff on receipt of this letter went and interviewed the manager, and asked him the reason of his dismissal. The manager simply tumeil round and said: "Well, one of the owners wants another friend of his to go Captain." The following day, however, they asked him to make another trip as certain of the papers were at Kongmoon, but he refused to go saying he had been dismissed.

His Lordship: Was the employment in writing ?

There was no opposition on the part of cre-

ditors or shareholders,

by the obligation imposed upon them as jurors ↑ find him guilty of manslaughter. They must however be quite sure that death was directly caused by such negligence. The whole crux of this case, was whether the prisoner was begligent in the control of the dangerous thing of which he had charge, whereby death was

'occasioned.'

The Jury, without leaving the box, returned unanimous verdict of not guilty, and the prisoner was discharged. the verdict and that the whole thing was an His Lordelip said he quite concurred with

acident.

The Court rose shortly after half-past one, and will re-assemble to-innow of ten a..

ANOTHER DEATH SENTENCE.

19th inst.

The Chief Justice (Sir Henry S. Berkeley) resumed his seat on the Bench at ten fifteen this morning.

The Hon the Attorney General (Mr. E, H.

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His Lordship end it was not a criminal offence to agres to deceive, except with intent to defraud: It did not affect in any wait the Interests of Hongkong, if the China Navigation Company, Limited, should agree to carry a Chinaman to Australia. The law there was a purely local and domestic, one with regard the Chinese, passed as some believed in their interests, though other people held contrary opinions. How could it be a criminal offence in Hongkong to agree to evade that local low? A long argument ensued on the Australiau law with regard to aliens.

His Lordship ruled that the prosecution could not sustain the charge of fraud. Address ing the jury he said that the prisoners had not, on the evidence before them, been shown to have brought themselves within any criminal law of this country. They proposed to get one. of their compatriots into Australia under a false

could not get in because by the laws of Aus name, because he wanted to go there, but he iralin he would have to pass an education test, which he could not pass. The two prisoners therefore being aware that an exception was made in the case of persons who were natura- ||lised British subjects in Australia, proposed to sell this man, for a large sum, the letters of naturalisation formerly held by one Ab Wei, and armed with that he was to go to Messrs. Dusterfield and Swire, and get a passage, but he proposed to pay for that passage.

man who del bernely and intentionally killed why the passage money. If they used the word another matt, of whose favour with a woman hedefraud, it implied the withholding of something, was jealous, was guilty of murder and nothing or the depriv. g of some right. The ward efraud must be followed by words signifying else, unless he could establish that he was irresponsible for his actions. If the killing had what they were defrauding the Company of. been deliberate it could not be manslaughter, M. Cakhrop said the indicament aunted "with intent to deceiv," and it was a criminal band found a man in the actual act of adultery offence to agres to deceive a except in one case, and that was where a hus with his wife, and killed one of them, and even then the provocation must be taken to be so great that if the killing were done at once it might be regarded as manslaughter. But that was not the case bare at all. Prisoner was not the husband of the woman, and Apowan had as much right to go with the woman-she was a widow, a grass widow, travelling alone as anybody. He was not her husband, and the killing was not immediate. It was not done for five days afterwards. It was done as an act of revenge purposely, intentionally and deliberately, and after a long time apparently planning. In fact, the evidence showed that there was a quarrel between THE "TREMONT" MURDER CASE.

the two, because of this conduct of Apowan, Pagain, the Negrito, was indicted for the which negered the prisoner. Each meant to murder of a fellow-countryman, on board the

wait his chance to get his knife into the other, premtoni, in Hongkong and the prisoner got his knife in after a long American steanicr Harbour, on the fil ina

time. It was murder, and there was no man

not outrageous conduct. It was simply a ques Starp, KC) prosecuted, and Mr. H. N. Ferrers slaughter possible. The test of insanity was defender. The following jury was empanelled:tion of did the prisoner know, or not know, Messrs. A. Bain (Foreman), W. Goetz, O. W.

that what he was doing, was wrong and a ainst C. Logan, L. A. Hose, G. P. Curry, G. Smith, the law? Had he been a madman as was sug and R. S. Piercy.

Counsel for the prosecution, iu opening the gested, and not know that he had done wrong, he would not have attempted to leave the ship case, said the prisoner and the dead man were

at all. He might have been what was com members of a company of Negritos, who had monly known as mad with jealousy, but that been performing at the St. Louis Exposition; was not the madness to excuse murder. After and at the time of the murder the company of twenty-four men and women were on board some further remarks he dismissed the jury to the Tremont, lying off the Yaumati shore, on their way back to the Philippine Islands. The company also contained what was known as a presidente and he would be called before them. It was on the evening of the 5th inst, when the company who appeared to all sleep in bunks in one screened off portion of the ship, that the prisoner descended upon the deal man, who was asleep in his bunk at the time, and with a knife disembowelled him. Prisoner managed to get away from the ship, and although a search was made for him, he was nt arrested until some time later. When ar rested be made a statement, admitted having murdered the man, and had since made a full confession, giving his motive as jealousy in respect of a female member of the troupe. approve a minute which had been passed by the

Dr. Spencer Howe, of the Tremont, after company. Counsel continuing.said be really ask-relating the nature of the wounds of the dead ed His Lordship to do your things. (1) To con-

man, said that the woman in the case was no firms the resolution; (2) to approve the minute; able to come to the Court, in consequence of (3) to allow them to dispense with the further being detained in quarantine at Mariveles. use of the words "and reduced," and (4) to

After some lengthy argument, the evidence direct the usual advertisement of the Order. of this woman, given at the Police Court, was The usual course in that Count was to advertise in the Gazette, and in one English and one Chinese newspaper.

Hon. Mr. E. H. Sharp KC, instructed by Messrs. Deacon, Looker and Deacon) support ed the petition, and said it was an application to confirm a special resolution passed at twa extraordinary general incetings of the com- pany; held last October, for the reduction of the capital of the company from one million, five hundred thousand dollars, divided into thirty thousand shares of Sto each, to seven hundred and fifty thousand dollars, divided into the same number of shares at $25 each. The application was made under section 5 g of the Companies Ordi. ances (1 of 1865), le asked for that confirmation, as further provided under article 4 2 of their Articles of Association. The circumstances of the application were these. An amount of $600,000 fit capital, had during the last few years been unfortunately lost, and the Company wished to wipe that uff. Parti culars if this loss were shown in the account of assets and liabilities before the Court. The causes of the loss, as is Lordship would be, were severe competition during the past few years, especially from Japanese steamers, which as his Lordship knew were furnishing very severe cor petition in this part of the world, in consequence of their ability to an icle steamers at a much cheaper rate, and the com- pany had felt this competition very severely indeed. Also the loss was due to the general decline of business from Manila: These causes had led to no dividend being paid since rgot, and it was perfecily clear the loss was a per manent one. Under these circumstances the procedure was very simple. They had to take three preliminary steps which they had taken. These were that a special resolution must be passed by the company; after that a petition Mr. Goldring said he anderstood from the must be filed in the Court to, confrm that re- Harbour Master, that it was the custom 10 give solution, and the words "agd reduced" added three months notice.

to the name of the company temporarily; and Witness, contineng, said that when he re-thirdly the petition must be advertised, all of which had been done. Healso asked the Court to fused to take the ship another trip, he said he would only do su, on condition that they gave

Mr. d'Almada: No, my Lord. It was an indefinite verbal hiring, and nothing was said as to the terms of the engagement,

Plaintiff was then called and bore out the opening statement of his Counsel. The vessel Hongkong. He had received no notice pre- was under the British flag, aud registered in viously that his services were to be dispensed with. When he interviewed the manager, he asked him, if there was anything against him, and he said "No."

In reply to the Bench,

From considerations such as these a great diplomatic conflict may be pending, and one

him three months' notice. He had never re- in which a Power cannot expect of anotherceived any complaints of any description from the owners orinanager regarding his conduct an exercise of self-denial it may not be pre-whether afloat or ashore. He had never been pared to show itself.

accused of drunkenness.

Cross-examined:-it was trae that from the 1st to the 23rd October he signed for 228

TELEGRAMS.glasses of whiskey, but these were not con-

HONGKONG TELEGRAPH "

SERVICE

ATTEMPTED ASSASSINA- TION OF THE TSAR.

(From Our Own Correspondent.)

London, 19th January,

2.40 p.m. An attempt was made to shoot the Tsar as he was returning to the Palace, at St. Petersburg,

THE WAR.

RUSSIAN DETACHMENT

ATTACK COMMISSARIAT STATION.

Mr. M. Non, Consul for Japan, has kindly forwarded to US the following telegram:

Tokio, 13th January, 6.20 p.m. A Kussian detachment consisting of eight squadrons with 12 guns appeared and attacked our commissariat station at New chiatung on the 12th ust, but they were repulsed on all sides. A small body of the Russian cavalry on the night of the rath secretly invaded the districts of Austantien, Haicheng, Yinkow and Tashikizo, and partly destroyed the railway, which was, however, immediately repaired.

REFUSING 10 TAKE DELIVERY.

INTERESTING CASE.

16th inst.

At the Supreme Court this morning, before the Chief Justice, (Sir Henry S. Berkeley) Ms H. W. Calthrop (instructed by Messrs. Deacon, Looker and Deacon) proceeded ex parte, leave having previously been obtained on behalf of Messrs. Melchers and Company, who claimed damages from the Chang Fung Wing firm, of 282, Queen's Road Central for non-acceptance of goods ordered under contract.

The defendant firm was unrepresented. Mr. Calthrop said there were a large number of contracts entered into between the parties from the 6th March, 1902, down to June 1904. There had been previous dealings with them),

sume by himself. It was treating passengers and Customs officers. This period repre- sented nine trips, and on one occasion he had sixteen European passengers. ile de- nied that the manager ever told him not to drink so much. What he did say was "Don't spend so much money on drink for these Custom ilouse officers." When be cune into collision with another of the Com- pany's brats in August last he was quite sober. It was the result of a typhoon. One night at Kongmoon be struck a Chinese to pedo-boat, but did no damage He was also quite sober. On that occasion he did not refuse to take notice of what the pilot said. He had never

fouled the wharf coming into Hongkong yet.

Re-examined: In regard to the torpedo boat incident, had he not immediately taken the care of the ship out of the pilot's hands there would have been a very serious collision. The Manager of the defendant Company, an elderly Chinese, was then called for the defence. He said he dismissed the plaintiff because he saw things were not right. Plan- tiff had severni collisions, and frequently smell. ed of drink. In consequence of a report he received of the plaintiff's conduct at Samshai he told that he should dismiss him it he did not keep steady. He frequently received these complaints. On some occasions when the ship was about to leave, plainuff would smell very strongly of liquor. When he spoke to hun about it, he replied: "There is nothing to fear in drinking, so long as I don't get drunk." A tall, man, who had been employed on the ship all the time the plaintiff was there as skip- per, said he had on occasions seen plaintiff a int drunk and staggering.

His Lordship made an order, confirming the resolution, approving the minute, sanctioning the removal of " and reduced" after the com- pany's name, and directing that the order be advertised to the usual manner.

"

THE CRIMINAL SESSIONS.

18th inst. The Acting Chief Justice (Sir Henry S. Berkeley) Took is seat on the Bench at ten o'clock.

AN EXEMPLARY SENTENCE. Tsang Hing, a houseboy, was indicted for defiling a European child aged six years and nine months, attempting the same, and in- decent assault, on December 6th and other dates in the same month.

The Hon. Attorney General (Ion. Mr. E. H: Sharp, K.C.) prosecuted, and prisoner who pleaded not guilty was undefended.

The following were sworn jurors:-Messrs. A. Bain (foreman), M. Simmons, R. B. Cooper, W. Goetz, L. E. Lanimert, G. Smith and E. B. Raymond.

Evidence having been led,

The jury found the prisoner guilty.

His Lordship said it was one of the very worst cases that be had ever heard. Prisoner would be sentenced to imprisonment for the term of his natural life.

THE "WING LOI" CASE. Wong Tsing Tseng, coxswain of the steam launch Wing Loi, was indicted for the man- slaughter of a child and aman, through careless- ly navigating his launch on the 28th December

last.

The Chinese second engineer and the com Mr. H. W. Calibrops prosecuted on behalf pradore w re called to support the allegation of the Hon. Attorney General (Hon Mr. E. H. that the plaintiff was addicted to drink. The Sharp, K. C.). and prisoner who pleaded not last-named said he had reported to the man-guilty was not represented by, Counsel. ager, on occasions, the plaintiff's partiality for drink. When the collision with the loreda. boat occurred the captain was a little drunk.

Mr. Goldring at this stage asked for an ad- journment in order that he might calf a Euro- pean who was not in the Colony.

His Lordship declined to grant an adjourn. ment and said Mr. Goldring should have subpoenaed him.

Mr. Goldring, for the defence, contended that the defendants were justified in dismissing the plaintiff an account of his drinking habits. He referred to the respectability of the Chinese witnesses, and remarked that it was unfortunate that in that Court the evidence of European witnesses was taken before that of Chinese.

His Lordship: Not with me. I see how a wilness gives his evidence, and weigh that evidence by its prob.bilities. It makes not the least difference to me who is giving evidence,

Mr. Goldring, in conclusion, said that just one occasion of drunkenness on board was ample justification for the defendants acting in the manner they did. Fie denied that there was wrongful disinissal.

The following jurors were sworn :-Messr G. W. Gegg, A Bain, L. E. Lummer, J. Milts, J. Wells, R. B. Cooper and G. P. Currie.

The case has been very fully and recently reported in these columns. The accused was alleged through negligence to have collided with and capsized a sampan containing nine passengers. A child was drowned, and also a man, the body of the last- named being recovered from the flarbour. some time later.

Evidence having been called for cution,

.

read..

A CONFESSION,

The Presidente referred to, who acted as in. terpreter, said that he saw the prisoner in the Gaol yesterday evening. Without any induce. ment of any kind he made a voluntary state- ment. Mr. Nolan, the interpreter at the Magistracy, was also present, with the object of translating from Spanish into English. The statement was taken down in writing, after prisoner had been duly, cautioned, and he after- ward put his mark to it.

The Attorney General read the statement as follows: Apowan (the dead man) went into Dangusan's (the woman's) bed. I saw kim leave. The day after he said: "You will not go back to Suwok (his home), I could not sleep. Apowan said it would be better for me to die first. If you are not dead you will tell the Americans. I was very much afraid. I did not sleep fur five nights. Neither did Apowan, The night after the fifth night, Apowan went to sleep, and I struck at him with a knife, and afterwards escaped from the ship,"

PRISONER NOT INSANE.

Dr. Thomson, Medical Officer in charge of the Gaol, said that be ordered the prisoner into the Hospital, in order that he might have him under observation.

Hon. Mr. Sharp: Will you express your opinion as to whether he is sane or not?

Witness: I think there is no evidence what- soever of insanity.

sane?

a consideration of their verdict.

GUILTY.

The jury, after two or three minutes' deliber- alion, returned a unanimous verdict of "guilty of wilful murder."

THE DEATH SINTENCE,

His Lordship, in passing sentence, said "You have been found guilty of intentionally and deliberately killing Apowan, your fellow-as- sociate, on board the Tremont. You have told us that the reason which prompted you was jealousy, That affords no excase for you according to the law of this Colony. According ly, you must pay the penalty of all who take life of another. That penally is the forfeiture of your life. The sentence upon you therefore is that you be taken from hence, to the place whence you came and from therice on a date to be hereafter fixed by the Governor to the place of execution, and there you will be hanged by the neck until you are dead, and your body buried in such a place as may be assigned by the Governor. And may the Lord have mercy upon you.

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The Court rose shortly after half-past one until to-morrow at eleven a..

20th inst.

The Chief Justice (Sir Henry S. Berkeley) took his seat on the Bench at the Supreme Court at eleven o'clock this morning when the last case in the calendar was entered upon.

ALLEGED FORGING OF NATURALISATION PAPERS.

Wong Cheak Yau and Wong Tim, elderly natives, were indicted for that on the 13th November last, and on divers other days did unlawfully conspire with divers other persons unknown, to deceive and defraud the Agents of the China Navigation Company, Limited, and other liege subjects of the King, and by false personation attempted to obtain a passage to Australia by one of the steamers of the said Company to Australia alleging that the per- sena or was a subject of the province of South Australia,

Mr. H. G. Calthrop prosecuted on behalf of the Hoo the Attorney General (Mr. E. 11. Sharp, K.C.) and Mr. H. N. Ferrers defended the first named prisoner.

Mr. Ferrers at the outset took an objection to the form of the indictment on the grounds of 'disjoinder and uncertainty.

The indictment was amended in one or two particulars.

The prisoners pleaded not guilty, the second

Mr. Sharp; Are you of opinion that he is stating that he had nothing to do with it at all. The following jurors were sworn: Messrs. L. E. Lammert, W. C. Logan, M, Simmons, J. Mills, C. Pederson, W. Inglis, and H. A. L. Oldberg.

Witness: I am.

Mr. Ferrers: You know, Doctor, of what is unscientifically known as running amok?

Witness: I do.

Mr. Feners: Have you had any experience of rianing amok?

Witness: None direct.

>

Mr. Calthrop, in opening the case, sa d that as they were probably all aware, the Common wealth of Australia had passed. very stringent regulations as to the allowing in

aliens into the Commonwealth.". Persons how- Mr. Fewers: But you have some knowledge ever who had been naturalised there, prior to of it?

Witness: Yes.

Mr. Ferrers: A man who runs amok is not in full possession of his senses?

Witness: Generally speaking, it is found that there is same cause or grievance which he means to avenge, and he strikes out at the first people who come in his way.

Re-examined by the Allornay General, Dr. Thomson said he had had lengthy conversa- tions with the prisoner, through the interpreter, and he had never noticed anything which would indicate that his mental condition was deranged. In his opinion prisoner was quite sane. He had been under observation ever since his arrest, and had never betrayed the slightest symptoms of insanity.

THE DEFENCE.

the prose- Prisoner in defence said he blew his whistle twice. At his bows was a steam launch towing a boat. On the right hand side was a large steamer anchored, and at the bows of the steamer was a larger cargo-boat going to the East. He had to blow the whistle twice to go over to that side where there were no boals. After the blast of the whistle his launch went towards the North, and the sumpan was also going towards the North. Ife stopped the engines completely, and rang the bell to go astern. The launch stopped and the sampan came against them; there were too many peoThey must also be quite satisfied that he un-enable him to get iala Australia. When he ple on board the sampan and that alone caused it to sink. There was no room on the south side, there being too many vessels thera.

Mr. Calthrop, replying for the Crown, said it was not a very serious case bat he thought the jury would agree after hearing the evidence he had called that the prisoner was guilty of culpable negligence.

The jury returned a verdict of "not guilty" of conspiracy and fraud, and the prisoners were dircharged.

His Lordship advised the prisoners to stop this practice, or it might lead to something dangerous.

This concluded the business of the Sessions, the Court rising at 3.30.

THE LIABILITY OF HOTEL KEEPERS.

A MISSING DRESSING GOWN.

At the Supreme Court this morning, before the Chief Justice (Sir Henry S. Berkeley. Mr. E. A. Nicholls brought an action against the proprietors of the Peak Hotel, to recover $20, the value of a dressing gown, alleged to have been lost by the defendants' negligence..

Mr. G. E. Morrell appeared for the plaintiff, and the defendants were represented by Mr. G. L. Duncan, formerly Manager of the Hotel.

Plaintiff said that he went to stay at the Peak Hotel on the 2Bili September, leaving at the end of a month. The day ho was leaving. be packed up a quantity of valuabler, curios, ctc, and told the boy, (who he understood was a substitute for the "regular room servant) to On pack up his clothes in his trunks. his return at tiffin, the boy, in reply to his question said he had packed up everything, so witness, who was in a hurry, locked the trunks, and his 'lug- gage was removed to Craigieburn. The same evening when he unpacked his trunks he could not find his dressing gown. lle complained to the defendants, but they were unable to find the garment, and denied liability. He had had the gown some time. It cost thirty-five shill ings in England. He was quite sure he left the gown to be packed by the boy.

His lordship remarked that by section 3 of the Ordinance, an innkeeper was not liable unless the same had been stolen through the wilful act or default of the innkeeper or his ser van. (To Plaintiff): Did you have a key to your-room?

Witness': 'No.

His Lordship: You left this dressing gown out to be packed up. There is contributery negligence on your part...

Mr. Duncan said thore was a key to plain- tiff's wardrobe, a key to his room, and a proper place in the Office to place same.

His Lordship: Was there a key to the wardrabe?

Witness: Yes, my Lord, but the lock was broken.

His Lordship: Did you complain to the management 2

Witness: did not. I never saw a key to the bedroom door.

LOCAL FIRM FİNED $1,007,

14th inst, At the Magistracy this morning, before Mr. F. A. Hazeland, a case was heard in which Messrs. Lutgens Einstmann and Co., of 14, Des Voeux Road Central, were summoned, at the instance of P. S. Jobs Grant, for importing and landing a case of arms without permission from the Captain Superintendent of Police.

Later, Mr. Gedge, of Messrs. Johnson, Stokes - and Master, appeared and asked for a re-hearing of the case as his clients did not understand that there was any barge against them, and thought the summons anly meant that they were required to give an explanation of the circumstances under which they came to im port and land the arms without a permit.

His Worship said he would take time to consider the question of a re-hearing,

His Lordship said a hotel-keeper was entitled 10 the assistance of his guests. If plaintiff could the passing of this Act, received a certain hava, shown, that he had locked up his room, certificate to show that they were naturalised, he could have recovered. As it was, there was and this certificate re-admitted them into the negligence on his part. There would be country whenever they chose to go back, Incon-judgment for the defendants, but no costs. sequence of certain matters one of the witnesses he should call before them, having received UNLAWFUL LANDING OF ARMS. certain instructions from the police went to the house occupied by the first prisoner, where the other prisoner was acting as a sort of servant. The first prisoner described himself as a broker, and be assumed that he intended to carry on the business of supplying tickets to Australia for would-be emigrants. The man in question Ho Tim, in November last, went to this house in Connaught Road West, went up to the second floor and made certala inquiries. The prisoners were there, and he made certain inquiries of the prisoners as to

Mr. A. Herbst, on behalf of the firm pleaded obtaining papers to enable him to go to 'not guilty, but the charge being proved a fine Australia. Various conversations took place of $1,050, or three months' imprisonment was different times between Ho Tim and the firsi imposed, and the arms ordered to be confis. prisoner, though the other defendant was al-cated. ways present, and could hear what was going on. Eventually the first prisoner promised to supply to Tim with the necessary papers to first went there llo Tim had paid the sum of $50 on account, and had been told that the amount requisite, to enable him to get the necessary papera was $850. Now the amount of a third class ticket from Hongkong to the far hest point in Australia was only $13, so that the sum of $350 seemed at least extra- vagant to pay simply for the privilege of gung in a steamer from Hongkong to Australia. The prisoners told Ho Tim if would be necessary to have his photographs taken. Two photographs were taken, the object being to send one of them to some other Chinese in Australia so Lutgens, Einstmann and Co., of 14 l'es Vœux when the man landed with his certificate of Road, Central, in which they were charged naturalisation, he might be identified by the with landing a case of arms without a permit person to whom the photograph had been from the Captain Superintendent of Police, was He was given papers in the name taken by Mr. Hareland this morning. The Hon. Mr. Sharp, replying for the of one Ah Wei who had been in Australia and Sedge, of Messrs. Johnson, Stokes and Mas- direct cause of such negligence, that was Crown, said this was one of those cases in became a naturalised subject. Ho Tim left ter, appeared for the defendant firm.

Paul Remedios, stated, that he was clerk manslaughter, for which the person su guilty which there was not the smallest element of the house, on the pretext of going to get the of negligence was answerable. That was the reasonable doubt. The crime was as deliber other money, when Chief Detective Hanson to. Messrs Jardine Matheson and Co. The appeared on the scene, and the first prisoner bill of lading, produced, was brought to him by principle of law, and it was necessary for the ately committed as it could very well be; in

was arrested. A search of the place was made, ar. Herbst, of the defendant firm. It was protection of the public who had to use things fact, he might say, it was a case of most un

sual deliberation, Dealing with the ar.u- plain-containing an element of danger. Take such ments of Mr. Ferrers that the prisoner was not naturalisation were found. In conclusion; half of Messrs. Jardine, Matheson & Co.

and in a safe numerous bundles of letters of endorsed by them, and witness signed it on be a thing as a railway. Tisere the driver must accountable for his action, Counsel rad the Counsel dwelt upon the penalties attaching to To Mr. Gedge: Witness did not know who bring to the conduct of the driving of the trainw presomed every man to be sane and re skill and care, and if by his negligence, a sponsible for his actions, and to make bit carrying Chinese passengers to Australia Not

steamers and captain fund to be carelessly took these goods from the steamers

Chiu Song said he was a tallyman at the.. collision took place and death, ensued, it was irresponible for his actions, it must be clearly only were heavy fines imposed, but the ship had Kowloon godowns. Looking at the bill of manslaughter on his part. Of course, as practig and distinctly proved that he was insane. In cal men of the world, they knew there had this case there had been no attempt to prove to bring them back to Hongking. lading shown to him, he said it was presented Evidence was led, full details of which have on board a steamer, the name of which he did beca, cases where engine drivers had been insanity, and the question had unly been intro already appeared in these columns was not know, Witness landed the box mentioned convicted by. jurors, where negligence hadduced by suggestion. been brought home to them. And the same re

On resuming after luncheon, His Lordship, in, the bill and stored it with alber goods in principle applied to the coxswain in charge

addressing Mr. Calthrop, said that with regard the godown. The marks on the box tallied to the first two counts charging the defendants with those on the bill. with conspiracy and intent to defraud, there was no agreement between them to defraud, the China Navigation Company Limited in

Mr. Ferrers addressed the Court on behalf of the prisoner, and told the jury that they must be satisfied that the man was in full pos session of his senses. If they were not satis fied, they would return a verdict to that effect, and the method was that the broker of the

and he would be confined as a criminal lunatic plaintiffs used to go round for orders. The

or dealt with as the Crown thought proper defendants used to give an order, with their

His Lordship, in summing up, said he did not chop on it, and then they used to put in the

think the defendants had justified their dis-

derstood the proceedings going on around him. price which they were willing to pay. It was

missal of the plaintiff. It was quite true that

Counsel asked the jury to disregard the con- then brought back to the plaintiffs who put a master might dismiss his servant without

fession and admissions of the accused as hav. their chop on it. Afterwards they saw whether giving him any reason, and might subsequently

ing been made whilst in an unsound state of they could sell the goods at that particular justify his action by proving a good reason,

mind. All his actions from the time he left price, and if so, the order was returned

but the onus lay with him of proving as a fact

the ship pointed to the belief that the man was to the defendants, who chopped it again that a good reason existed at the time of his

not accountable for his conduct, and not legal. and the contract was complete. If the goods, dismissal. Now in this case the employment

ly capable of giving an account of himself, upon arrival, were not taken away from the

was admitted as also the sudden termination His Lordship, addressing the jury, said they Under the influence of terror from Apowan, godown within a specified time, included in of the same, and it was alleged to have been might take it as a general principle, that wher who had threatened him, and said he should the contract, the seller was to be at liberty to terminated in consequence of the plaintiff's ever one was in control of anything that con- hot go back to his home, and having had no dispose of the goods, and the buyer was re- intemperate habits. It seemed to him that turned an element of danger the duty was im- sleep for five days he forestalled him, and gat sponsible for the difference between the selling was not the real reason. It was inconsistent posed of bringing to the control of that thing his blow in, but it was clear that he was suffer and buying price. Notice was always given to with the evidence given by the manager, for such care and skill as would prevent the dange-ing from mental collapse, and was totally irres the defendants of the arrival of the goods, and had he thought that the interests of his Com-rusthing from becoming an actual danger, and ponsible for what he had done. that they were lying in the godown, pending pany would best be served by the immediate that if in the management of this thing, so acceplance. In most cases, however, it hap-

and prompt dismissal of the Master he would containing an element of danger, negligence pened that the defendants refused to accept,

would never have asked him to praceed no- was, exhibited, and death resulted" as the. and kept on delaying, though in the case of

other trip in the ship, after his letter of the some contracts they did take delivery.

10th November. There was nothing new in Mr. A. W. Lamperski, assistant manager of removing a man from a position to make room Messra, Melchers and Company, was called to

for a friend of the Company's. It had been prove the system. The contracts produced done before, and would be done till the end of were signed by the defendants, and had not time. He would give judgment for the heen carried out. When goods arrived, his tiff for the amount claimed with costs. firm always noticed the defendants by special letter, aunouncing that they were ready for inspection. Messrs. Melchers had imported for the defendants on these contracts goods to the value of $8,89.64 which was inclusive of godown and insurance expenses. The goods not being taken delivery of they sent them to be sold by auction, and they realised $1,135

Mr. Calibrop said this left a balance due to

claimed, with cosİS,

the plaintiffs of $3,054.64, which amount they

His Lordship entered judgment for the amount claimed with costs,

DEATH OF MR. W. N. MOREHOUSE.

14th inst.

UNUSUAL DELIBERATION.

CHERCHEZ LA FEMME.

sent.

It is with deep regret that we have to record the death of Mr. Walter Yoyes Morehouse, Com- missioner of the, I. M:Customs, late of Lapps, of a steam launch. He must bring to the His Lordship, summing up, said: The evid- Macao. The deceased gentleman had been management of that sicam, launch skill and pace showed a deliberate and intentional kill suffering, for some time from Bright's disease, care. He must not be negligent, and tag by the prisoner, because of the intimacy of which resulted in his death, at Florence, on if the jury found that death resulted as the deceased man Apowan with a woman of the 15th December, ln the 57th year of his age. the cause of bis negligence they must whom the prisoner was enamoured, Well, a aby sonte, because they were quite prepared so

The arms consisted of twelve American, Er- field rifles, and it appeared the firm had a permit to land a case of arms, but the permit was not made out in their name.

19th inst The rehearing of the case against Messes,

Mr

To Mr. Gedge: Witness did not know on whose account the box was landed.

He, handad the case into No. 15-godown.

He was on the ship, and the box was put a ca

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