1905-06-03 — Page 13

QUESTION OF PARTNERSHIP.

BEFORE THE COURT,

39th ult..

Mr. E Pollock, & C., (instructed by Mr. I. Harding, of Messrs Ewens and Harsion) ap peated for the plaintiff firm, and Mr. E. . Sharp, R.C. (instructed by Mr. C. F. Dixon, of Mr. J. Hastings' office), represented the defen-

dant,

THE HONGKONG TELEGRAPH, SATURDAY JUNE 3, 1905.

POINT.

|

we already bave here. All ships' of the fleet at Hongkong ara under orders to proceed north probably remain until the middle of June as her at a moment's notice. HALS. Andromeda will defects will not be made good until then, The Sutlej and Vengeance are expected here to-day,

*THE VICE-ADMIRAL. hat Vice Admiral Sir Gerard H. U. Noel may It is understood in well-informed quarters possibly receive his promotion, which is not future. A certain resignation is expected at die until September next, in the very near home, and when this takes place the gallant commander of the China Squadron will be

waited in the fleet. raised to the rank of Admiral. News is daily

157

below the water line and at once began to take in water, in the second.hold. She was with- and during the day Messrs. Farnham, Boyd & only benched bow on at Pheasant Point Co, sent down workmen temporarily to patch her up so that she may come up river to be docked. The gash in the vessel's side is about

ightened yesterday aftemoon, her cargo being four feet in width and is now covered by a

pllision, mat, ransferred into lighters. The Nagsey pro The steamer was being

alongside the wharf. Feeded on her course up river and is now

DALLAS COMPANY RETURN

FOR SHORT SEASON.

ihort

Chief Clork at the Magistracy since April, fine money defendant would say something in "TRAVANCORE" ASHORE: 1900. The system of auditing the accounts indicate the case to which it related. In the pre- was for the former local auditor to'go through | sent stance witness thought the $50 was de- All the depositions for two consecutive posit money. He did not konw what shank-LVING ON THE ROCKS AT FOKAI months, and then for the next two or three wan" meunt or referred to. When he received His Lordship the Chief Justice, Mr. F. T.month he would make a test audit, without the $50 be counted it and then put it in the Piggott, sitting in the Supreme Court this seeing all the depositions, selecting, perhaps, third drawer. He could not remember the morning, heard an action brought by Messrs, only two or three cases our of every twenty. exact date. He could not say for certala that

2nd inst John D. Hutchison & Co., merchants of Under that system perhaps it would have been feds not paid on the 5th of April. When first place yesterday morning, the sailing ship During the heavy thunderstorm which look Queen's Road Central, against O Vik Tong to possible for money, to have been received and questioned by Mr. Phelips, witness did not Travancore, which only left Hongkong two recover the sum of $5,696 87, being the value of not entered in the cashbook, and the fact remember that he had the $50 of the days ago, went shore it Fokhi Point, Harlem goods supphed.

to have escaped detection. On the 4th April | defendant's in his chest, the total of fines received as entered by the bered it afterwards, on the 17th day of reparis that have been received on the subject He remen Bay, about forty miles from Hongkong. The shroff was $192.85. The Sgo in question was May; he was locking up the receipt, books and comparatively scanty in the matter of de not included in that amount.

and remembered the money was there. Heils, but it seems that shortly after leaving Cross-examined by Mr. Looker: The shroff was told- nnde up his cash-book every evening, when after the defendant had been arrasted. It was series of logs and heavy rains which abscured lock them up, by Mr. Hanmer, Hongkong the Travancore experienced a

The N, C.-D. News of 29th ult, says-On Saturday and yesterday the Dock Company's the Magistrates rise, and when he had finished not usual to lack theat up, witness had never the vision, with the result that she ran stent Mr. H. E. Pollack explained that the claims that his duties for the day were concluded, and done so himself before. He placed them in upon Fokai Point. The Travancore, which is

staff were busy at work upon the Austrian was brought by Messes John D. Hutchison he was at liberty to go. The next morning the third drawer, and then saw the Sio as 300h commanded by Captain Chamberlain, arrived at commission was spent on the Chinn Station Friday morning and so badly damaged that she

Lloyd's str. Afaria Valerie, which was in colli The first-class battleship Goliath, whose first sion with the China Mutual str. Pleguy on & Co, merchants of this Cotony, for a sum of the chief clerk and third clerk go through between $5,000 and $5,000 for price of goods the cases and the big cash-brok, to see

Mr. Hanmer the first clerk, and told him to be exact--with a cargo of patent fusi from she opened the drawer. He at once went to Hongkong a month ago on the 30th of April from March, 1oco, to September, 1933, and is had to be benched at Pheasant Point. Early sold nud delivered. The actual amount whether the catrics of the amount of fines about it, and Mr. Hanmer said he could not Cardiff. She is a vessel of 2,217 tons, built in mentioned in the claim is $5,696.87, and the received by the shroff are correct. That is take any notice of it. Mr. Hanmer and Mr. 892, and the left Hongkong hound for Puget Greet, renowned for her gunnary, on the Chisa hold had been pumped dry, the vessel being now in the Reserve at thatham, has been yesterday afternoon u cofferdam had been fixed selected to relieve the Ocean, Captain T. Y.ver the hole on the port side and the No. 2. ground upon which the plaintiffs sought to one with the object of checking the shroff's Phelips had an interview on the 17th May, Sound, Port Angeles, in buliast. As will be make the defendant liable was that he eceipts, and if a prisoner has gone to gaol. it with the defendant in witness's presence. There remembered, the weather was very tough and Goliath and both are armed with the 12-inch

Station. The Ocean is a sister ship of the then all ready to be towed up to Shanghai. was partner in the Hang On firm. the duty of the third clerk to read out that were two interviews, the second being between stormy, and a good deal of fog has prevailed wire guns which have come in for such severe and at 7.30, the steamer was towed off by two The defendants had formally declined to fict. If a fine is received after the shroff has 11 am and 1a hoon. At the second inter during the last two or three days. It would criticism lately. The Goliath will be commisugs, coming up to Shanghai under full steam

l'he flood tide began to make about 5.30 p.m.. admit the supply of the goods by the

nade up his accounts and gone for the day, it view witness was asked if defendant had paid appear that the sea outside the harbour limits sioned by Captain H. P. Williams with a crew plaintiffs to the tang to firm, but Counsel as been the practice in ́enier it as received on him $30. All the parties mentioned were thought the substantial question they were in he following day. Witness here explained present. Defendant asked him the questioning winds must have adversely affected the knots ship, and an economical one, as on her

was of a tempestuous character and the shift of 750 of all risks. The Goliath is an 189.39 p.m. ready to be docked this morning, She was alongside the Cosmopolitan Dock at Court to decide was whether or not the defend-hal it would be entered in the cash-book on the in English. He said "I have handed aal was a pulizer in that Grin.

and without having made a drop of water! llowing day, but a note would be made as to

Travancore, which is described as a vessel.ofast run out to China she did the 6,458 knots. that So to you, shroff". That was said in fine sea-going qualities. At any rate, it is

The Dock Company are certainly to be con- Mr. Sharp intimated his agreement, and 4 having been received on the previous day, the presence of Mr. Phelips and Mr. Handbvious that if the vessel was only 40 miles The Canopur, sister ship of the Goliath, has work

to Colombo at 11 knots on 1,107 tons of coal. ratulated upon their expedition and successful Mr. Pullock, continuing, said that this morn;. these crises when checking the accounts, iner, and they could hear it, they were both away from Hoogkong a day after leaving the wring they had amadunið nerais; from the other heo no fine is entered the third clerk reads clove to defendant. Witness said "When? non, she had not made much progress. At

been also selected to join the China Squadron, side suggesting that really the only substantial ut that the prisoner has gone to gaol; but as a and defendant made no reply. Witness shook 830 u'clock yesterday morning she ran ashore

in which she will relieve the Centurion, Cap- question for his Lordship to decide was one of le he would also say if the fine was after his head in denial of the receipt of the money. at Poksi Point and now lies in that position,

tain F. F. Fegen, .V.O., A. D.C. The Centurion partnership, and they had suggested that in the

wards paid.

This was not always done. The At the first interview defendant told Mr. Phelips her bows high and dry. From the reports

was commissioned at Chatham in November, event of judgment be ng given against the de- entries being made on the following day are to that he had paid the $go to witness. Witness which have come to hand it would seem that commissioned service has been spent in the fendant on that point there might be a consent void the previous day's account being kept heard defendast say something about getting no difficulty is anticipated in getting the vessel

1995, for her present commission, but all her to an account being drawn ap by the registrar, pon. On the occasion in question the defend their money from his house. That was at the

Far East, since the spring of 1894, when the

29th ult. Plaintiffs were willing to adopt that course, and nt read out "prisoner game to gaol," but wit-second interview, after he had said he paid the providel the weather remains as it is at

By the hoine going French mail from the were preared to deal with the matter before ess did not remember whether he afterwards

was sent out to relieve the Imperiause, agorth the Dallas-Bandmann Opera Company. hit Lordship amply upon th question of partaid the prisoner paid the fine later. At the defendant then said. lie said to Mr. Phelips brought to them this morning. It was imme. money to witness. Witness remembered what the local agents and ward of the accident was

present. Messrs. Gibh, Livingston Co. are ship of Vice Admiral Sir E. Fremantle, arrived in the Colony and are opening nership. The Hang On firm was in existence nie of checking the accounts, witness said, he

Commander in Chief. She has a fine reputa season at the Theatre Rayal this evening when in English, "Don't blame it so hard on me, it diately decided to send

tion for gunnery, and it may be remembered they stage the popular "Lingalee" which met. for only about a year. from December, 1903, to fhiasself must have known that the $50 had been is not my fault." Mr. Phelips replied, "It is

that her crew participated in the suppression with such appreciation in Hongkong a few. →→→December, 1971, and had since put up its shut aid afterwards. If a prisoner pays his fine a entirely your fault. Then defendant said

of the Boxer rising. ters and gone into bankruptcy, with Mr. W. H. receipt is taken out of one of the books, and the "May I fetch another $50 from home? Awith the object of towing the vessel off the placement being 12,950 tons, against the has of necessity been alightly altered, Miss months back, Mr. and Mr. Dailns are now on. Wakeman official receiver. Plaintiffs would be crunterfoil would show it. The third clerk has the fat interview Mr. Phelips saw the shroff rocks, and the Hongkong and Whampoa Dock

The Canopur is a large battleship, her dis. their way to England and the casts of the play able in produce before his Lordship two books frequently received payment of fines after the alone, and the defendant was called in later. Company were approached with the result that of account belonging to the Hang On firm, shroff has gone, and in those cases it is his Mr. Phelips said Tung Fuk, did you receive arrangements were made to send the Robers of having the heavier big guns. The barbelte night "The Orchid" will be given, and on 10,500 tons of the Centurion, Both are of the Violet Frampton appearing as Nanoya and Mr. same speed, but, the latter has the advantage Percy Haydn as Chambuddy Ram. To-morrow which were seized and taken into the Registry duty to hand it to the shroff as soon as pos- it." Defendant said "did" and was asked Cooke to the assistance of the Travancore. at the time of the bankruptcy. Each of them bible, or to the chief clerk, if present. If there what he did with it, and replied "I keep it in The tug boat left at o'clock this afternoon and the Centurion ate pin,, and grave accusationsing by criticisms of the performances recently contains an entry under date as follows "23rd is nobody else present, he is at liberty to keep my private drawer." Defend..nt did not tell all being well should return to Hongkong with have been made from time to time concerning given by them in the north the Company have guns of the Canopur are 12 in., while those of Wednesday "The Dutchess of Dantzig." Judg. January, 1974. Peceived from: Yik Tong hit it in his drawer and band it over to the shroff Mr. Phelips that he fugot to pay it to witness, the sailing ship in tow in the course of to their accuracy or rather that of their sights been playing even better than they did when share money $4,500," and in connection with the next morning. The defendant joined as thase entries Counsel referred his Lordship to clerk at the Magistracy, as third clerk, in May on the 16th of May, in March defendant sel has sustained comparatively little damage, the smaller quickfiring guns are more numer performances at Tientsin the Pand, T. Times

who was the first to see the entry of the case

morrow. The agents are hopeful that the ves. She also carries a couple more 6 in. guns and last in Hongkong. Writing regarding the what he thought was rather a special provision 1904, but there was no entry to show when he of the law of evidence in this Calany. in the first joined. Witness thought it was in 1900.

drew from witness all the private money he and that belief is strengthened by the state- Evidence Ordinance No. 2 of 1889, section 26, It has frequently happened that defendant's

had in deposit with him, about £500, That ments of those who came to Hongkong in

40s The Canopus was completed for sea in says "There is a cordiality and good spirit was at the end of March. From that time order to obtain the necessary assistance. It is asdsub-section 1,1here wava provision the effect work has kept him in office fater than any until the 17th of May defendant had no money possible that experts may also le sent down to'

1897, and two years later was commissioned permeating the troupe which infects all they do for service on the Mediterranean Station. She with a distinctive charm, and this can only be of which was that it made buoks what one would one else Since he had been third clerk with witness. The only muney he deposited Fokal Point to learn the actual damage which officers and men, ar 136 more than the the kindly Manager and the genial consider. will he commissioned with a crew of 750 attributed to the tact and good management of ordinarily call corroborative evidence, or, in there had been many occasions on which all that time was the $50, and he did not draw the vessel has incurred, and to give advice Centurion. ther words, they were accepted by the Court defendant had received money and paid it in any of that. Witness was able to say positive regarding the safest method of re-floating the as corroborative evidence wherever they refer to the shroff the following morning, but he ly that defendant depusited the $50 with him ship. Fokal Point, it may be mentioned, is a

ation. of the Musical Conductor and Stage to a matter into which inquiry, is being made could not say how many times. Since defend- after he had drawn the whole of the $500 at rocky headland jutting inter the sea off the

Manager. As one who saw the company in although alone they would not be sufficient not joined the Magisterial staff witness should the end of March.

Shanghai, and knows something of the life be evidence to charge any person with liability, say his character and conduct were good. He

China coast. It is apparently of sufficient im-

hind the lights, I can testify that if the excel. Counsel proceeded to outline the evidenca lie found him perfectly honest and hard-working

pottance to be marked on the maps, and is

lent bill of fare which they are giving us now intended adducing, mentioning the production

well-known to coasting shipmaster.

had been served up as I saw it in the south- Re-examined by Mr. Morell, witness said there of the books in question, the calling of a wit- is a receipt book, and that being initialled by de-

ern port, fear they would have lost money." ness formerly employed in the Hang On firm fendant would tell witness that the $so had been

"Mr. Garton has come up here without a Captain Bourdon, of the s.s. Ernest Simons guarantee and has thereby demonstrated the who would speak as to the managing partner paid. Defendant's name is on that book, and

which arrived here from Yokohama patruth of what has been repeatedly stated in of the firm having said that the man in ques

Shanghai last night, reports that when leaving witness must have noticed it. Witness always tion was a master and could be supplied with

Woosung on the aóth inat, there were four used to see the shroff's banks every day. There goods without being charged, and also the

Russian colliers and three cruisers there are two books, one for entering the payment of evidence ni a Mr. Pacheco, a solicitor, at Macao, fines in full, and one for proportionale payment, who saw the man some time ago and by whom after prisoners had served a portion the sen- he was advised about purchasing goods of the tance. Witness could not remember having firm from their banch at Macao Mr. Pacheco reprimanded defendant at any particular time, had since wired that, owing to indispostien, he hut he must have spoken to him sharply at was unable to attend the Court that morning. times, though he did not remember his having and Counsel aid that having regard to the done anything seriously wrong, but it would be importance of his evidence it might be posSmpossible for things to have gone on smoothly sible that he would have to ask for an adjourn all the time. ment of the heating. He than proceeded to call his evidence, the first witness being the Official Receiver, Mr. G. R. Wakeman.

BY A GOVERNMENT CLERK.

29th uit, Before Mr. F. A. Hazeland this afternoon the case was resumed in which Tang Fuk, Coroner's clerk and third clerk at the Magis tracy, was charged with the embezzlement of $50, the property of the Government.

Mr. G. E. Morell, of Messrs. Dennys and Bowley's office prosecuted, and Mr. U. W. Looker, of Musary teacon, looker and Deacon, ◆ defended, and 'r. J. H. Hanson, Chief inspector of Detectives, watched the case on behalf of the Police.

Thomas Hanmer, chief clerk at the Magis. tracy, continuing his cvidence, said he did not think it proper for the shroff to advance money to any member of the staff; neither did he think it proper for any member to use bad language to subordinates. He had had trouble with the defendant since he came to this office, but he did not call it "friction." When he wanted him to do things defendant had said

་་

That was the case for the prosecution. Mr. Looker said he submitted that there was no case to go before a jury, as the prosecution had not proved anything.

The case was adjourned until tomorrow, at 10 am,

zst inst.

10.

Cross-examined by Mr. Morell, witness said he was not a friend of defendant, but keeps money fr him because he is the shroff and everybody asks him to do Witness had not lately had words, either with his father, or uncle. They had na spoke to him about his com panions. Formerly he used to wo about with defendant out of office hours, and some. times went with him now, but they were at friendly, though wel acquainted with him out. side business, ometimes defendant would deposit money several times a month and some

times only once a month. He did not make a

·

A TUG TO. THE SCENE

HONGKONG'S WEATHER,

SOME INCIDENTS OF THE RAIN-STORM.

luged with rain, which has fallen, not in mo.

For several days Hongkong has been de detation, but in sheets. So far as can be learned, traffic has not been dislocated to ny masked extent, but the inconven ence which

have experienced has been most acute.

SHIPPING JETSAM.

THE RIVAL FLEETS,

29th ult,

part be left on the 24th inst, and reports that Captain D Lear, of the as. Prins Sigis mund, arrived this morning from Moji, which

sian cruiser of the Volunteer fleet, a black at bam. on the 16th inst, he passed a Rus.

lat. 29.38 N., and long. 12421 F. The Prine steamer with three masts and two funnels, in Sigfund passed quite close to her, but was not stopped.

arrived in port last night from Moji, with 5,900 Captain Knagg, of the 5.s. Gibraltar, which

evening of the 23rd inst, when about 50 miles tons of coal for Hongkong, reports that on the

of the Goto Islands he was stopped by the Japanese cruiser Mansku, and an officer boarded her and examined his papers. These were found satisfactory and the Gibraltar was allowed to proceed without any further delay,

Captain Gregory, of the s.s. Caledonien Shigon, which she left on the 27th inst, reports which arrived last night from Marseilles vla that there were still a large number of trapa

ports in Saigon River.

31st ult,

speed of 12 knots has been sold to the Osaka A Norwegian steamer of 1167 tons with a Shosen Kaisha. The delivery of the steamer will take place at Osaka early next month.

our columns that a good show needs no guarantee. If 1 mistake not the company will not leave here with any harder tuck than they

community not hard to please; we only demand may encounter from time to time at any of the ports more in the usual track. We are as

judging from the guad houses of the past week, be best, when it can possibly be obtained, and

will not hesitate to visit us again next year with there seems reason to believe that Mr. Garton some more up-to-date productions, Bat good voices, whatever the piece: good voices. The high kick is excellent, and quite the thing, but panies a tuneful song." it is none the less acceptable when it accom

deposit every month. Since witness hard been Mest people talk learnedly about a drizzle and shioff defendant had several times received a shower, and it has even been suggested that 6nes, and he could swear to more than three these are more annoying than a steady fall, uccasions. It was not the duty of defendant but a little of the present state of matters goei Li Lai Cheong, fifth clerk at the Magistracy, when receiving fixes to enter them in some, a long way, and if residents had their way they said he kept a record book cases, and made body else's cash book, He never entered them would refuse to have rain for months to come his entries daily, in the forenoon, of the cases The case was subsequently adjourned.

in witness's book. The entry on the endorse- Of course, the optimist copies to the rescue decided the previous day. The entry of the ment is the handwriting of witness. The and suggests how delightful it is to know that Case in which the $50 was paid was made on defendant would know the next morning, when there will be no semicity, in the water supply

"THE CINGALEE." THE ALLEGED EMBEZZLEMEN the forenoon of the sufi of April. it is entered comparing cases that the entry had been made | That is very sell in its own way, but it is

its "$so paid." Winess corrected himself and

30th ult. in witness's cash book, The endorsement not what one would exactly tera beneficent to

Opera Company has been looked forward to The return visit of the Dallas-Bandmann said he did not think he entered it as 'paid." made on the gth of April was in defear the individual who is caught a the storm. Mr. Looker said he failed to find the entry.dant's hand writing. At the time that entry Naturally, almost as if it were a case of cause

by not an inconsiderable number of the play- Witness said it was entered under the column, was made defendant could not know if any and effect, the car service broke down this

going public of Hongkong, and when last "neti fine payable to treasurer," as $50." If entry had been made in the shroff's book, morning. At some place rar had gone off

evening, the members staged the subject of 30th inst. the fine has been paid afterwards witness on When witness wrote in the rough book the line and the result was that there was a Captain Jobury, of the ss. Senegambia, from recently there was a good house to welcome much discussion in the High Court at London made the entry referring to the $30 case, he ash brok. Witness remembered that the $50 tone-continued and tremendous downpour. left on the 26th inst., arriving here this morn-caught on when first performed bere, and now ters it under the warrant number.. When he "entered" he meant that it was entered in the complete, cessation of the service during a

Yokohaman via Shanghai, which latter port she them back to the Colony. "The Cingalee** knew the fine had been paid. He got his in- was paid after the end of March because when Then the rickshas were used, and, of courie

ing, reports that when leaving Woosung there that the Dallas Company have settled down to formation from the endorsement on the case.

defendant's salary was paid he took away all they proved short of the demand. "The boar

were five Russian transports there. his money, and there was none in deposit resident who has his habitat in Wanchai

the remodelling of the caste the play is de when he gave him the $50. He did not had a poor chance of getting to town un

alluded to the talents of there gifted ladies and cidedly well rendered. We have frequently reserve the third drawer for defendant's | less "he" was

content to ket soaked to the

pretty and enlivening music with which the money. Witness remembered defendant's skin. A correspondent writes to say that peo

gentlemen and when to this is added the having said something about "Shaukiwan," ple were being conveyed to the headquarter

play is spiced it is not difficult to sea that The as soon as he saw the $50; that was on the offices, near Fletcher Street, in boats. It would afternoon the 17th May. Since these pro- not be astonishing, but if it actually was a fact

Cingalee is made a charming production at the ceedings started he had had no interview with the rain there must have been something

bands of the Dallas Company. Miss Frampton the defendant on the subject, and had not phenomenal. The chairs from the Hill district

Andre Kayn is entrusted with the part! of course, takes the leading role and Mons. spoken one word to him about it. Witness had a bad time. Une unfortunate gentleman mentioned to Li Lai Chan, since defendant's who was riding in a chair somewhere in

of the lover, Mr. Percy Haydn ja very wan." On former occasions when defendant experience. The front coolie was swept off his airest, that the defendant had said Shauki the vicinity of Caine Road had a nasty

successful in the difficult character of Chamb huddy Ram the haboo, while Malie, Bel Lus had brought wilneas he has received in payment feet by the current of water and the occupant

Nicoll are likewise delightfully suited to their combe, Miss Dolly Varden, and Miss Yetla: of fines he did not bring the counterfoil, receipt was flung into the raging torrent, If his long

parts which they fill with conspicuous ability and point it out to him; he simply handed in the uage was rather torrid it is not to be wondered

Mr. Frank Cochrane is capital, as the money saying "for expense or cumsha. at. In any case he was very wel. A few in

titled ancient, and Miss Jessie Williams, Sometimes he would mention what case the cidents of a similar character are reported from fine was paid for, and sometimes he wou'd hand various parts of the city, but they could not be

and Mr. Edgar Melatyre are also among him the case papers. On the occasion in ques authenticated, and might po-sibly be apochry.

Captain Bainbridge, of the .. Thyra, which certain to gain enthusiastic plaudits from the members of the company, who are also tion defendant did not hans him the case. If phal, This much is certain, that the rain. has arrived at 8 a.m. to-day from Saigon, which he had told bim shout the case witness would produced the scime of discomfort. It has led port she left on the 6th inst. with 4.500 tona Mr. Jamie Dallas is recovering from his int the audience. We are glad to learn that have looked back to see if the receipt was cor

to sullen lowering looks where usually there is Saigon there were about 46 transports in Saigon Meakin," in The Orchid this evening. Given of rice for this part, reports that when leaving disposition, and will be able to appear af rect. Witness remembered having an inter-sunshine and pleasantness. But as it comes view on the 23rd May with Mr. Haumer and as an expected visitor, or rather as, poor re-

River, mostly loaded. On the same day the fine weather there is certain to be a full theat ... Tai Shan counted $7 vessels including tre during the stay of the company in Hongy interview anything about the use of the word say. No wonder but Mr. Alleyne Ireland besides two at Cape St. James, "Shaukiwan." Witness then only stated that speaks in A disgusted tont defendant said "cumsha" on "for expense." May to September season in Hongkong. of the He thought "cumsha and for sxpense" "Every pin is rusty,

The O.S.K. shallow. draught steamer Darko he days, every ineant the same thing. He was not asked feather droops, bedraggled beyond redemp be launched from the Tategami Yard in the mars, now belog constructed at Nagasaki, will defendant's exact words when be handed wit. tion; starch cannot-stiffen ner hat irons coume of this month, while another steamer for smooth the infinite variety of male and the company, the Daifuku-maru, which is now female garments curling irons avail nothing being transformed at Shanghai, is expected to to female hair; the must cunningly devised be ready for sea in June next. The Daiko pompidous looks like a half-melted frozen mary is intended for the tchang-Hankow ser pudding; the Marcel wave is beyond the wildvice, and the Daijuku maru for the Hankow est dreams of innocent maidenhood. We can Shanghai line-Nagatoki Press. only look forward to the days of sunshine, when no doubt a new grievance will be evolved by the average resident.

to witness that it was not his duty, but that of the coolies. He could not remember exact- ly what it was he wanted defendant to do, but could not swear it was hot in connection with

chits, or with witness's private chits, Witness believed defendant to be guilty of the present harge. He first formed that opinion when he found the money was not in his drawer, Dee fendant did not say to witness that the money Was to the drawer. He thought he put the question, but if Mr. Phelips said he pui it wit.

Mr. Looker said: In this case the charge was originally embezzlement, but was now changed to larceny, and proceeded to review out a vital emission in Mr. Phelips' evidence the evidence for the prosecution, and pointed when he neglected to state that at one of the interviews the defendant said "I must have paid the money to the shroff." If the defen dant did pay the money to the shroff at once he discharged his duty, and there was no case against him. As regards the shroff it appeared that neither Mr. Hanmer por Mr. Phelps properly examined the shroff nor did they nake any mention of the shroff's statement that he remembered one day the defendant's paying him $50, and said that the action of the defendant in signing the receipt and the latention is commit a fraud.

been sold to Mr. N. Sawayama of Nagasaki is The Norwegian steamer Praper which has now ander repairs at the Mitsu Bishi Engine Works With this vestel Mr. Sawayama will engage in the transportation of coal from Kara- 180 to Shanghai.

ness would consider that he himself was mis. endorsement on the case showed he had no Mr. Morell, Witness did not mention at that Iation, it has to be "tholed" as the Scotch colliers and others in the river below Saigon, kong, and that of our readers not wishing, te

taken. Witness told defendant to open his drawer; he did not remember Mr. Phelips ask. ing for the keys. Witmers was not quite suTO if he had related everything that occurred in first conversation on the matter with the defens dant, and he had repeated all that took place at the second conversation. Pressed by Mr. Looker, witness said he know of no fact in defendant's favour which was brought to his notice, and which would suffice to acquit him. On the afternoon of the 17th the shroff told wit-

Chun Sham, lale shroff at the magistracy, said he was appointed to the position of shroff in June or July last year. The defendant had since deposited sums of money with him, They were private sums. He deposited money on more than on one occasion The largest sumness the money. he deposited at once was $300, the smallest being $10. He deposited this money for safe keeping. He drew the sums out in one big lump, not in instalments. Witness

nass that he remembered that the defendant used same times to keep the money for some had paid him 850some time previous," or words time until defendant asked for them. Delend to that effect. Witness then said it was nothing ant had paid him money received by him for to do with him and that defendant could do dues. The counterfoil of a fine-receipt, shown, what he liked or thought proper in the matter. paid to witness-the amount in $25. Defend was for money which defendant received and Witness had not mentioned that fact before in connection with the case because he had not and used to pay the fine-money the next morn been asked about it. He did not suppose heng. Another counterfoil, shows, was also in money received by defendant and was there to suppress facts favourable to the regard defendant, and to give evidence only in favour paid to witness-that was for $247.30 Another of the prosecution.

for 5tog related to a similar transaction. On Mt. Looker: Then answer my questions, the 5th of April last, witness did not receive

know it, Mr. Hanmer.

CLERK COMMITTED FOR TRIAL.

2nd June,

A carpenter at Shaukiwan said his master was recently 6ned and sent to gaol, but was released after 5 p.m. the same day as the fine was paid. Witness paid the $50, to da fendant, who at first refused to receive the money, saying " It is after office hours ; da you not know the rule of the Court?". Witness begged him to receive it and defendant ac capted the notes, placed them in the drawer, nad locked them up. His master was ther released from gaol.

Defendant's aunt spoke regarding property which accused had had left him and which various shops. The income derived was a little over $1,000 a year. Joined the police force as goed character

Chief Inspector: Baker said that defendant

in 1901, and had borne a good character." salary was Sto per month,

Mr. Hanmer, recalled, stated that defendant's The case for the defence and that on behalf of the prosecution having been put to his Wor ship, Mr. Hazeland committed the accused for trial and allowed him bail in the sum of $500,

NAVAL NOTAS.

a

and inst;

Many steamers are engaged in dragging for mines off Port Arthur,

The steamer Hokute Maru, stranded on Tsuthima, was refloated on the 17th ult. and was to be towed to Nagasaki,

lat a treat alig by should certainly call at the Robinson Piano Co. and secure seats for the performances,

"THE ORCHID,

songs of the great Gaiety production will always..

31st pla The catchy music, dainty dances and popular: fill a theatre and it was not surprising to findi of last evening to witness the performance of a large audience turn out in the sultry, weather "The Orchid by members of the Dalles Bandmann Opera Co. As we saw on, tha piece is admirably staged, and nothing hate occasion of their former visit to Hongkong the

company has been placed in the hands of Mr. ever is amies since the management, of the F. C. Ganon. The old times seem refreshing. amusing ever, and the songs of the talanted ly, new, the comicalities of Jamie Dallas as vocalists lose none of their charm by repetition" the merits of each performer where everyone is It would be invidious distinction in dilate upos

company is balanced to a degree of nicety; they,

choras one can scarcely realise that threa push the play along without allowing a singló, drag to mar the merriment, and when at length the curtain falls upon, a rollicking hours have lipped away since the opening tural College. scene at the Countess of Barwick's Honicyl

and not fence with me, but tell the truth as you any money from the defendant i nar an the 4th comprised about $5,000 cash, and shares in seemingly authentic source, that the battleship to. Chefoo on the aist ult, reported the den so good and all deserving of eagal praise. The

idem. Witness remembered Mr. Phelips mak Witness said he told Mr. Morell about it, ing inquiries about a payment of $50 entered but he asked him the fact of the throffs That was on the 17th of May. At ly is me bat ho asked bim nothing about it. Witness in the hue-receipt book and not accounted for. speech would necessarily be important evidence witness had some of defendant's money in his in the defendant's favour, but it might be. possession. The amount was Sşa. Witness

The case was subsequently adjourned.

had had that sum in his possession between one and two months The defendant paid it to him, one morning, between 10 and 17 am. He threw $50 down on witness's, desk, saying "I give this to you for expense." He said that io English, and added something Pa, resuming, Mr. C. D. Melbourne, res that sounded like the word "Shaukiwan, H. akamined by Mr. Morell, said that on the said something else, but witness did not catch & WIRE from Osska, dated 23rd plt, and morning of the-sib- af April he checked the It. He was basy receiving flues. There were printed in the N. C. D. News, saysA Earor cash books, in the presence of the defendant, many people paying fines, and some of the pean telegram says it is reported that the Rus He held the cash book, and defendant read dines were very heavy. When fine-money was an colliers would appear to have been allow our the details of the cases, and mentioned paid by defendant, the latter usually said "for ed to assemble within territorial waters of the whether the defendants in these cases paid expense and sometimes" camsha ning the Philippine Islands, and the squadron appears the fines or went to gaol. All the entries same expressions when depositing his own to be cesling somewhere along the court sear kutallied with what he rosä." Witness had been I'money with witness. Sometimes when paying | Manila.

1. 8. SQUADRON;-.

The Volunteer Fleet steamer Kasam, which was used as a hospital ship at Pon Arthur, bas Cavite, May 25-Some days ago your corbeen taken by the Japanese there. respondant was given the information, from

The Chinese cruiser Fefying, which returned squadron would leave for Hongkong on the truction of no less than eleven derelict mines.

4th inst. It now transpires that the Rainbow

squadron at Cavite is indefinite. The Cavite the river in the early hours of yesterday will be the only vessel to visit Hongkong for

THE COLLISION AT SHANGHAI. some time to come. The stay of the battleship A somewhat serious collision occurred in aaval yard has commenced the repairs on the morning, says the N. C. D. New, of 27th alt Ohio, and she will not go to Hongkong to be The China Mutual str. Pingsuly arrived out sted as a flagship as was expected Cablinde the Woosung Split Buoy on Thursday afternoon and anchored there for the night, 118 u proceeding up the river early next morning. M.S. Optan and Centurion ATS under About the same timethe Austrian Lloyd's str orders 1 proceed home without waiting to be Marta Valdis outward bound for Trieste manager, who was reported to be in a critical. MR. Robert Brough, the well-known actor. on their way out. No dites have been fixed for chb About a quarter to five in the morning, result of a broken blood vessel, is now out of relieved on this station, although the reliefs are

was going down river on the last of the condition in Parth, Western Australia, as the the departure of the two warships,

opposite Pheasant Point-a portion of the danger. With three or four weeks rest, he i river which is always difficult to navigate the expected to make a full recovery, and to be able and inst. two vessels came into collision, the bows of to resume work: All play-going admirers an improved type of destroyers known as the amidships, on the port sids. The Pingay excellent company will much rear to hear The six new destroyers on their way out are the Pingway cutting into the Marta Valérie the Far East of Mr. and Mrs. Brough and their scout class. They can steam as knots, and suffered little damage boyand denting and that that fine actor has been so seriously {1}, base a larger coal capacity than the destroyen | scraping, but the Marta Valdris muu ́avi lata S. F. Prii, N

gratuit, As the witnesses had not put in an appear ance, Mr. Moroll asked for a short adjonment, Land this was granted until 11.15.a.m