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were carrying stone and sand ballast. He could not say that bo had ever seen the master under the influence of drink. The rocks seem ed to be about three-fourths of a foot distant when they missed stays. He received no orders from the second officer when he relieved him at midnight. He had been first officer in the

November of last year, Blank

The inquiry was adjourned until Friday.

THE HONGKONG TELEGRAPH SATURDAY, JULY 8, 1905.

Lieut. McCall-Is it a written stipulation | between you and your owners that you have to find your own charts-it is not a written stipulation.

But they make you do?—Yes. in the course of further cross-examination the witness said he bure his back in the night and officers of the fact. Had a breeze sprung up the first officer would have informed him in the middle watch. That was standing order He did not consider. It was necessary to turn over his duties to the first officer when ha burt kis back

the question as to fenders not having been gol | credits being so much and my deble so much, over I am of opinion the it was no part of the you see I shall have to suspend payment.” defendant's duty to have done so as the getting Mr. Bowlay submitted that what the man over of fenders is not an act of navigation meant was that his debis were so much and fled, as a fact, and am so advised that the dels liabilities so much, and that he admitted it fendant did not fail to use his utmost case and was absolutely impossible to pay his debts, diligence whilst bringing, this, ship to the which, of course, amounted to the same thing. dant, and I order this summons to be dinalused, His Lordship.-Oh, no. There

claration of the inability. The words of the Act are Gives notice to any of his creditors that he has suspended or is about to suspend. What do you say is the effect of consolidation The two acts of bankruptcy merge

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ship. with the present capiafa since, 23rd of the 31st May and informed both the tet and. Juna; and saw the ship pear land. At aight | wharf. My finding is therefore for the defen- as suspending payment." There is no de. | rendered the now fi ibares of little or no value..

SERIOUS ALLEGATIONS, :

7th inst. The Marine Court, appointed to Inquire into the stranding of the sailing ship Travancore and the charges of incompetency brought byt her crew against the master, Capt. William Chamberlin, bald another sitting to-day when farther evidence was taken.

Mr. C. D. Wilkinson (of Meurs. Wilkinson and Grist) appeared for Mr. Chamberlin, and Mr J. Hays (of Messrs. Johnson, Stokes and Master) represented the owners of the ship,

Capt.Chamberlin was first called and continu ed his evidence. If stated that he returned with the crew to the ship at 3 am, on the 2nd June, Shortly after they got aboard the vessel com menced to bump and as he thought she would break up he ordered the man to return to the boats. This was about six o clock of the same morning. They pulled a little distance away and laid off the ship for about an hour when they again boarded the vessel, which, at that time, was not bumping quite so heavily. They endeavoured to get her off by means of hawsera And anchors, but were not muccessful so he decided to wait for the tide to rise. Several other efforts to refloat her were made during the day but with no avail, and it was eventually decided to await assistance from Hongkong. During this time they had four men away who had been sent to ilongkung. He thought four man were suficient to man the life-boat, and considered he was justified in sanding that number only.

The President-Are you sure in your own -mind that was the lifeboat you rent?

Witness No. It was not the lifeboat; it was the gig.

You stated in your evidence that it was the lifeboat. Do you wish me to correct that? -Yes, sir.

Continuing, he said that two days later the Liking arrived at the scene of the stranding.

The President--Do you mean the Liking: was not it the Robert Cooke?—Yes.

Capt. Pybus-When you found the ship could not stay and was beginning to wear did not strike you as she was getting near land, to let go an anchor - felt cordent she would to round and therefore did not let go an ar chor. The first officer was clearing the anchore it the time. They are let go from the cackbill

Why did you lie the log book and chart round your body ?-To keep them safe while I was getting into the boat, pe

The log book was saved; bow is it you did not save the chart ?—I don't know how it got out

You had it round your body; bow is it that it got away?—I slipped out. When the caps tan broke I took it off while I went below to lubk for a knife to cut through the 3" line at ached to the capstan and I laid the chart down.

Continuing, the witness said that the official luge and the chart were lost.

Neplying to Capt. George, he said he had been in command of the ship for a little ever six months, but he did not know the sailing qualities of the veisel in ballast trim, Asked what his reason was for standing so close into the land he said he thought there was plenty of room to go about. The second officer had access to the charts whenever he wished to see them, and it was usual for the fiers to go into the cabin and look at them.

Capt. George arked the President to make a special note of what had transpired in connec tion with the charts, for although it might not have a very great deal to do with the present case it would be of importance in connection with future cases.

By Mr. Wilkinson,-te had, bad long ex- perience in salling vessels.

Certificates were handed in to the Court,

Mr. Wilkinson-Capt. Chamberlin, the aug. gestion was made that you were not perfectly sober at the time the ship left H +gkong, What have you to say to that?

Witness- deny it, sir.

Witaess added that occasionally he took a glass of whisky, but he could not drink much spirits as some years ago he was snowblind and if he took spirits his eyes woul probably be permanently affected. It was very seldom that he took alcoholic drink.

The Court adjourned. After the adjournment Charles Michell, able seaman, of the Travancore, was called and stated that on leaving Hongkong on the 31st May be went to the wheel at 5.35 am. and noticed that the captain was acting in a pecu. Har manner-not as he should do if saber When leaving the bathour it was raining heavily; witness was relieved at the wheel at 8.30 am. and about eleven o'clock we all noticed the captain falling down on the peop in front of the man at the wheel-senior prentice Gordan." They called the attan tion of the chief officerto this and he saved

Mr. Hays objected, and witness did not furnish the reply.

Proceeding, witness said that the Robert Cooke brought back the crew from Hongkong, and the Putol brought back the ship's gig. As 1001 as the tug boat drew near witness communicated with her and gut the tow rope fast to her. He ordered the men into the boats in case the vessel should sink if she got into deep water. The Liking had arrived on the and June and witness gave ibe crew permission to go on board of her for the night. During that "same evening when witness and the male were the only two on board, the vessel slipped off the rocks, and he (the captain) immediately sent up three lights as a signal for the crew to return to the ship. In about an hour and a half the crew canic aboard, but by this time the ship had gone ashore again.

By the President: The vessel was afloat about three quarters of an hour. The fore yard was braced up on the starboard tack. The main and crossjack yards were square. All the lower topmails were set and the foresail, but no head sail They were set when the land breeze came up about 8pm, with the hope

He proceeded to relate the circumsta ces that they would assist in driving the ship off They were set by witness and the first mate, attending the departure of the ship from Hong The President.-Would it not have been akong and her subsequent voyage up the He wiser precaution to have signalled to your men coast, and the ultimate stranding. to come back immediately it occurred to you said she ran aiern on to the rocks with a that the ship might alp off?

sudden bump, her jibboom nearly touching the cliff. Witness afterwards proceeded to Hong kong and upon his return to the ship, on the Robert Cooke, the captain informed the master of the tug boat that he was too late as the bottom was out of the ship and her rudder. Three of those on the was unshipped. Robers Cooke boarded the vessel, witness being the first to arrive on the deck as seeing she was abandoned it would not do for any one else to be the first on board? There was no one there to give orders so witnes asked the matter why didn't he tell them what to do, and previous 10 this the 1st scar of the Rebar Coole had told the master to put out a hawser, but witness was waiting for orders from the captain of his own ship. Witness proceeded to state what occurred up to the time that he left the ship.

Witness-Bul the wind came in such a rush, and as soon as ever it can e she started off. It was then that I signalled to the men. signalled immediately, and the Liking answer ed at once.

1

After you got off you hoisted the blue lights 7-Yes.

Would it not have been better to have sent off your blue lights previously to getting off if you had the idea that the ship might slide off ✦ You would then have had the advantage of having the crew aboard. Apparently it did not occur to you to have the crew aboard before?--I got them aboard

Yes, but not until after the ship got afloat. There was a reasonable prospect of your getting off and because of that reason you set certain sail. Yes, sir.

The wind, as you hoped, would send the ship into deep water, and then it was that you made the signal for the crew to come aboard. I ask you, would it not have been better if you had got them off previous to making the sail and gliding off so that you would have had them there to work the sails?-It was such a short time. The men had not been aboard the Liking many minutes before the ship slipped off in fact, had only just got aboard of her.

Don't you think you were rather mistaken in letting them go aboard of the 'Liking at all? Were you wise in letting them go? Yes, we expected the maxis to come down the way the ship was bumping. If the masts had fallen and the men were on deck they might have been killed.

Proceeding, witness said that on the return of the crow he trimmed the rails so as to assist in getting the ship off. This was about 1 or 1 am. on the 3rd June. The crew then left the abip accompanied by the Best officer, while

witness remained on board.

By the President.-He remained as he con. sidered it bis duty to do so so long as the vessel was afloat. The ship was still bumping. He tied the ship's log and chart round his waist He usually kept the chart in a drawer in the saloon which was part of his private quarters. The officers could at any tims have access to the chart. The boats fald off the ship until daylight on the 3rd fuse. When the Robert Cooke hove in sight witness called one of bis boats alongside and proceeded on board of the tug and a bawser was passed gcross, As soon as this was fast he ordered the crew, back to the boats, The Robart Cooke then commenced to tow, and the vessel came off; witness and the mate were the paly two on board. They were towed into Harlem Bay as the ship was filling rapidly, and he anchored there in 12 to 13 feet of low water after the first officer had le

the hawser by mistake. The Robert Cooke | 胆 then returned to Hongkong for pumps, and the crew came aboard and; after' furling the mails, were put on the hand pumps. The crew grumbled several times, talk.

The President (to the Court)-Well, gentle men, I think we have got as far as the narra tive goes, having reached that position at which I do not think it is necessary to continue the story. The act of getting back to Hong kong after the ship was got off, when she was In a position to do so, does not really affect the case. Therefore, I don't propose to ask the master anything further myself

By Lieut. McCallum Who supplies your charts to the ship?: Who pays for them 7-1. "pay for them,

In that customary -Not always. But in the Arme that I have been in I have generally had to buy my own charts,dan k

Don't you fad that very expensive 7-It is "Tather expensive majadiliano

Are you bound to pay for them yourself)- Yes, siren

The President. The money comes out of your own pocket)--Yes, sir,

"The captain charges us with cowardice," he remarked, "and I don't think there is a man among us who would not like fair play. The captain was often found under the influence of liquor; I have seen him often myself. When we left the ship in the boats we saw him under the influence of liquor, and all that moining he was under the influence of drink."

The President-ow did you determine that fact By his retion. I can tell by a man's action in walking and by his talk.

•

Lieut. McCallum-You said you noticed the captain, on the morning of leaving Hongkong, was acting in a very peculiar manner?-Yes,

Dir.

What do you mean by that?-He used to gn and talk to the pilot and the pilot used to keep walking away from him, and when the pilut told him anything he would not listen to him.

I don't see how you can judge how he was acting in a peculiar manner?-I saw the cap tain smoking a cigar and it kept dropping out of his mouth and he kept picking it up and getting the pilot to light it for him, and the pilot got so disgusted that he pulled out another cigar from his pocket and handed it to him.

By the President-It was a Chinese pilot. By Capt. Pybus It was raining slightly at the time the captain slipped. The captain was laying on the poop rail for about an hour before, nodding all the time with his head; then lifted his arms from the rail and fell straight down on the deck." A

pm, he saw him ali'le backwards and fall into sitting position on the deck. He then fell on his back. Benior apprentice 4, ordon was at the wheel at the time. He got up and Jeaned with his side against the rad, looking forward to see if the men were taking notice. Witness went on deck at seven bells on the 1st bells they had orders to "bout ship," and ha | sent two men forward to attend to the head sails. n the order being given '"hard'a les,” the ship came to the wind, had a light shake, and started to fall off again. When witnest saw this he did nothing more, but expected the order to drop anchor, which never came. The anchors were lashed, and could have been let go in from ibres to five minutes' time,

The President-And why did you not let them go?

Witness- could not let them go without orders.

The President-As a British seaman, does it not surike you that that is a lame excuse to make when by letting go the anchors you might have been in a position of saving illa?

Witness-1 wouldn't like to take it upon myself to let them go without orders. ...**

Witness, proceeding, said he heard the second officer give some orders about the lifeboats, just before the ship struck stem on to the rocks. This was from fifteen to twenty minutes after she started to fall off. The captain then went to him and said, Bo'e'p, go forrard and drop the two anchors; and don't let the chief mate know anything about it. Witness was making preparations to do so when he said, Never mind the anchors. If the mate does not round on me the crew will t should have let them go before. About moon on the and June, he observed the ship was anoat fore and aft. The captain and the first officer were going into the cabin, when witness said to the first officer, "Are you aware the ship's afloat?" He said, "I don't think so, and then went with him to the main, rigging He then said, I believe she has gone astern, and witness.told him that if he wanted to get the ship off the rocks he must heave on some thing. The chief mate gave the orders to man the capstan, and before the rope got the gave them orders to make it fast. The men went forward, and witness stopped it. The mate called him on one side and said, "Bo's'n, I would like to scuttle it. You take the men forrard and give them some work to do so that they won't hear the hammering. I will put a hole in her." The captain was in the cabin at the time. Witness did not consent to the pro- posal, and no more was said about it. During The time witness was

ACTS OF BANKRUPICY.

IMPORTANT CASE

PEFORE CHIBY JUSTICE.

6th inst.

As the Supreme Court this morning the Chief Justice, Sir Francis T. Piggott, again took the interesting bankruptcy case arising out of the non-payment of debts by the Ching Hop firm. Mr. C. E. H. Beavis appeared for the petitioning creditor Leung Sing We, Mr. . P. Helt represented the debtor, and Mr. F. B. L. Bowley was present on behalf of the treditars in the case re the Ching Hop firm exparin Slamasen & Co. and others.

Mr. Bowlay—I say that it is now immaterial how the acts of bankruptcy are proved so long as one of them is proved. You want it proved that this debtor has given notice of the suspen- tion of payment of debts. I ask you to come to the conclusion that this man did give notice to one or other of his creditors that he had suspended payment.

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is gbvious that the future value of these, „£1 shares depended entirely upon an agreement as to 119 fimmitation of a further issue of ordin sry us preference shares or of debentures, and the terms upon which such issue would be permissible.

it is clear that without an agreement in this sense the purchasing sindicats might hava Before taking the responsibility of submitting the scheme to the shareholder the Directors ought to have safeguarded this elementary point, or to have made it plain that they had not done so. They apparently took meliber course; the Chairman stated that after months of negotiation it seemed to the Directors that the final offers left very little room, if any, for a return on the original shares.

It was the precipitate action of the Board lo submitting a crude scheme which was adver 1ely criticised, and not the general manage- ment of the Company, which has given a return His Lordship.You want to argue against to the shareholders for many years of which my interpretation. My interpretation is that the Directors may be proud, the meaning is, "If you press me, my debts In the future, further questions of non- being so much, and my assets so much I shall technical character affecting the Company's be obliged to divide it among the creditors.

welfare may arise; changes in the manage On the application of Mr. Beavis, Mr. G. H.ment are inevitable sooner or laters at prosent Wakeman was appointed Receiver,

the Board of Directors have practically the A discussion, then ensued concerning the power of electing their successpin; under these payment of costs, and his Lordship eventually circumstances it is surely worthy of considera- observed that it was reaily a small matter and on whether it is in the best interests of the thould be mentioned to the Registrar and if Company this arrangement should be perma- he had any doubt about it it could be men- neat, even after the retirement of the men who tioned to him again,

have made the Company; or whether the basis of representation on the Board should not be extended. In any case there seems to be no

Mr. Beavis said he had to prove the act of bankruptcy and proposed doing so either by the petition or the declaration of the petitioning creditor. The former stated that on the 7th Juna debtor gave Leung Sing Wo notice of the inn's intention of suspending payment of their debts, while it was set forth in the declaration that the managing partner of the firm had stated that the assets of the firm were $130,000, or thereabouts, and the liabilities $100,000 ALLEGED VITRIOL THROWING | reason why the suggestion should be looked He proceeded to call

Leung Sing Wo, the petitioning creditor, who stated that he was a trader living at 24 Lower Lascar Road. The Ching Hop firm was indebted to him in the sum of $19,933.30, and when he asked for payment on the 7th June he was told by Li Wing Chau, the master, that he had no money to pay anyone that Subsequently he went to see him day. and said, "I hear that the foreign Arms aro weighing out your cargo: you must pay me not get the money" People were pressing him money.* Debtor replied "At present i have for payment, and as he understood that the firms wished to take delivery of the man's cargo of old iron and horse shoes, lying in the godowns he questioned him about it and debtor replied own people $160,000. When asked what the value of his goods were he said in had some 550,000 worth. People owed the man money to the extent of more than $70,000 of which debtor thought he would be able to collect an effort made to get the ship off, with the ex-$30,000. Witness suggested that the officials be ception of the steam launch. When the vessel asked to distribute the sum, but debtor made no floated off the rocks there was only one anchor reply. out, iad a second been run out she would' most certainly have come off. Next morning the obert Cooke have in sight, and when Ca, tain Chamberlin met the captain of the tug he said, "You're too late; the ship is full of water. The crew has abandoned her, and the bottom is out of her.".

board he did not see

To Lt. McCallum-There is no spanker or mainsail on the ship. When I observed the chip float i called the mate's attention. There was then a very light shade of wind from the starboard side. When he vessel floated the had no list.

To Captain Pybus-When expected the order to let go anchor the chief officer was al the braces. be covers of the lifebrats were of wood, and nailed down to the gunwales. The mate did not call the captain when I drew his attention to the ship being afloat. When we abandoned the ship she had a heavy list to starboard, and was bumping heavily on the rocks. The foresal and lower topsaif were on her when she floated, but they were doing her harm. The chief mate generally gives the orders to get the anchors ready when coming into part, and I take my orders from him.

The inquiry was adjourned until Monday.

THE PILOT CASE,

MAGISTRATE'S DECISION,

New

6th inst.

At the Magistracy this afternoon Mr. F. A. Hazeland gave his decision in the case in which Captain Lawlor, licensed pilot, was charged with negligent navigation and infringing the regulations of the Harbour Master in the wa ters of this harbour, on the 19th March last.

The decision was as follow-

His Lordship did not consider that this was an act of bankruptcy as no notice of intention of suspending payment had been given. It was laid down in the Court of Appeal that the state ment by a debtor that he was unable to pay his debts was not notice of an intention to suspend paymont, to the present case the creditor went to the debtor and said "Pay me,” and the man

replied "I cannot pay you." That was not a notice of suspension of payment.

Mr. Beavis pointed out that the particular section of the 'rdinance prescribes that notice shall be given to any one of the creditors, but does not stipulate what form of notice.

BY NAVAL YARD' CONSTAble.

4th inst. The case against Horace Titmus, a Naval and constable, who is charged with throwing corrosive fluid over the property of a woman in Ship Street, was resumed before Mr. Hazeland

|-this afternoon,

Mr. H. W. Looker defended complainant the result of which was that The facts alleged were that accused quarrelled with the be threw some corrosive fluid into the woman's box doing damage to the extent of $396.-Dr. F. Brown testified to examining the clothing found in the box and said he had discovered nitric acid on them.-Complainant was called and spoke of the quarrel with defendant, and the case was adjourned.

5th inst

The case against Horace Titmus, Constable of the Naval Yard Force, on the above charge was resumed before Mr. F. A. Hazeland this afternoon, Mr. H. W. Looker, of Messrs. Dea. con, Looker and Deacon, again appearing for the defendant..

Harsoko, mistress of No. 19, Ship Street, said complainant was an inmate of her house. She knew defendant. She had known him since the 24th of June he came to see complainant. On the 26th isnt at about 11.30 pm, there was a quarrel between complainant and defendant in the former's room over some keys. Witness found them struggling, and tried to separate them, when defendant returned the keys, and in the meanwhile tore complainant's clothes. The box produced was the complainant's, but was kept in witness's room, it was always kept locked. The keys produced were those taken away by defendant. One of them opens the box. On the next day complainant drew witness's attention to the box, and she saw it was unlocked. Complainant told her some one had unlocked it. On looking into the box she saw some medicine had been put on the clothes, and they were discoloured. All the clothing belongs to the complainant. The devalue of it is $396, as valued by a Japanese

tailor.

Lordship reminded him that the principle of all cases seited was that there must be an expressed notice of intention to suspend payment, and one might be able to construe a statement of inability to pay debis as such if it was strong enough. There was nothing that he could see in the statement in question.

Mr. Beavis-The debtor is represented here, my Lord, and there is no question as to his anxiety to pass through bankruptcy.

His Lordship. That is not the question. Mr. Beavis It seems to me that much pends on the construction that the creditor put on the words debtor used to him.

His Lordship-There is nothing in the words actually used amounting to an intention of suspension of payment of debts. Ail debtor says is "I cannot pay my debis."

Mr. Beavis-Supposing he had used the words "I will not pay my debts?".

His Lordship. That would be stronger,

Mr. Beavis.Of course, it is hard to expect term he has to use, to make use of a correct a debtor, who is not aware of the particular

expression.

His Lordship,-No, It never was intended that a person should deliberately go and bring bimself within the Bankruptcy Act, The ques tion is, what has be done, or what will bring him within the Act if the creditors choose to act}

Mr. Beavis-I think it is not unlikely that

Mr. Beavia-1 don't know whether there is any particular Chinete expression which means I give notice of my intention to suspend pay ment of my debts.

His Lordship. In this case the debtor sald, "At present I have not goten They the move been pressed by the creditors. man made a statement as to his debts and the credi- 1ors suggested that they should be officially dis. tributed. He proposed that there should be some sort of an arrangement, but debtor did not reply.

Mr. Beavis-Supposing the translation had been instead of the words "I cannot," "I will I believe that in Chinese not pay my debis," there is no present or future tause. Coupled

with the statement that his assets amounted to

so much and bis liabilities to so much, I think

His Lordship.That bringe a little closer, I admit A little closer, but not very far.

The defendant was sum noned before me for that he on the 19th day of March, 1005, in the waters of the Colony, being a licensed pilot under Ordinance No 3 of 104, and in charge the statement actually made might be translate of the Slavonia, unlawfully did infringe aed to mean I will suspend payment." regulation made by the harbour master under His Lordship.-Oh, no. I went very carefully into the matter and asked Mr. Goldring to section 4 of that Ordinance, and published in the Government Gazette on the roth June, 1904, analyse what the man had said. anmely, regulation No 5, and that he failed to his utmost care and diligence when bring. ing the said ship up to the No. 1 wharf of the Godown Company to avoid accident of damage to the said ship, whereby the said ship struck the No. 2 wharf and became damaged thereby. The first question for my decision is as to when the duties of the pilot under this Ordinacne are at an end. The master of the Slavonia said in his evidence that he employed the defendant to bring his ship up to the wharf, but am of opinion that the defendant regarded blæself in charge of the vessel when she was drifting on to the No. a wharf. In the absence of any contract as to the express duration of the ser- vice, I am of opinion that a pilot engaged un- der this Ordinance is in the same position as a pilot when the pilotage is compulsory. The next question to be decided is as to whether the defendant was justified, considering all the cir-

Mr. Deavia-And also the future statement cumstances of the case in bringing the ship in bows first. I am advised that in view of the that the foreigners were weighing his goods, information at his disposal he was quite funti-The three statements together certainly tend to fled in bringing the ship alongside the wharf make it a stronger case, bows first. I am also. advised that there was an undercorrent which caused the ship to drift. I am also advised that there is no method at present available for forseeing such The next question to be decided is as to whether the drifting of the ship on to No, a wharf was due solely to the delay in gening out the stern line, in not bear ing in on it when fast, and to the fact that it was foul of the bollards, I am advised that the answer to this question is in the afirma tive. Mr. Unsworth in bis evidenca stated that the launch had to: wait ten minutes for the star line and thai thara never seemed to be any strain on the stern line before she struck, The master of the steamer It was after reading that was it, that it or stated in his evidence that the ship struck No. 3 carred to you to make this charge?-Before wharf before the stern line got on to Not wharf I am of opinion that the defendant was in no that."

Why didn't you make it?-Because the cap way responsible for the delay in passing out tain reckoned there was going to be an inquiry, the stern line, for its being foul of the bollards Daring further questioning witness said that, nor for the failure to heave in on that-line. Mr Parels of the Dock Co. told him that if The ship having got into this position,, was or he had got aboard of the Travancers first he was not the proper mancouvre to have backed oullam advised that to have backed out would have claimed salvage,

Thomas Nash, bon, said that on the 31st under the circumstances would have been a May, he was officer of the watch from six to proper mangouyre, but there was nothing eight p.m. The chief male said to him" Bo's'n, improper fo, that executed by the defen I most be a capable man, as the captain bas dant. I am advised that there in given me charge. Witsess thought it was danger, if the ship bad gone astern, of then, that the captain was under the influence her head canting to starboard after the of drink. He observed him in the afternoon had gathered sternway and colliding with lying over the poop rail, his head and banda No. 2 wharf, in which case the collision hanging down, and apparently he way in with the wharf would probably have been more drunken sleep. Shortly afterwards, about 6" violent than it actually was. With respect to

Continuing, he said he had had so trouble with either the captain or the mate and had had no complaints made against him. He had never been under the influence of drink either on duty or off duty and had never been in a an undercurrent. police court in connection with a charge for drunkenness or in any other connection,

Do you read the newspapers here, asked Mr. Wilkinson-Sometimes, we get them some times once a reek

As a matter of fact you read the China Afoil, did'nt you?--I did that time.

The day it was issued-Yes. In that case where it says about cowardice I could not be alluded to there because I was not amongst the men alluded to.

Cross-examined by Mr. Looker, witness said she saw defendant go away on the Monday After the quarrel he went away and did not come back till Tuesday.

P.C. Mackay said that on the a7th inst, at half past nine, he went to No. 19 Ship Street and fourd defendant there. Witness said complainant accused him of damaging property valued at $395. Defendant said How could, minutes the previous night Witness then I have done it? I was only here for five

asked him if he had the keys of the box and defendant said he had taken them to look for a photograph.

L. 5. W. Blackman testified to arresting defendant, and finding the bottles of sulphuric

acid and nitric acid.

Mr. Looker, addressing His Worship, said that there was no case to convict upon. The defendant had never been proved to have been in the mistress's room.

His Worship said the ten minutes that he was alone in the rooms had not been accounted for.

Heary Maytum said he was a member of the Naval Dockyard staff and knew the defendant. He was at No. 19 Ship Street on the night in question with a friend. He went to the second floor, ahout half past ten o'clock. He sat in the middle one of three rooms and complainant was was an archway leading to No. 21 and the com- with his friend and him. Opposite that room plainant's room was there on the right. Wit. ness saw defendant there that night.

upon as hostile to the present Directors.

THE PASSING OF TANJONG

PAGAR DOCKS.

Council, on 30th ult, H. E the Governor At the meeting of the Singapore Legislativo (Sir John Anderson) sald that before the meet-

which were to take place on Saturday, that the ng concluded, he should like to be allowed to say with regard to the rather important events Government had to thank those gentlemen who allowed Government the benefit of their services in connection with the taking over of the Tanjong Pagar Dock Company. The new board would consist of Massrs. J. Ander son, W. H. Shelford, J. Roménij, A. &. Faber, J. Somerville, J. R. Nicholson, C. Sugden, C. Macarthur, W. P. Waddell with the Acting. Colonial Secretary and the Acting Colonial Treasurer, This Board would hold its first meeting on Saturday and he had no doubt that it would prove fully equal to the task imposed Upon it. He need not say that that task was a very serious undertaking, but the fact that a large number of the members-of the Board"" had already had much experience in working the concern, and had on the whole worked it with__great_satisfaction, the fact that these gentlemen had for so many years been able to work this undertaking with such satisfaction, and to bring it to the great point 'of succesi to which it bad now comp, was some proof that when the undertaking was transferred to Government, and their services would be avail- able, that the undertaking would start with Colony would be able to put some confidence. a management in which the people of the He might say with regard to a further matter the Government had power under the Ordi nauce to give the Board special instructions which they were bound to pay respect, The with regard to the business, Instructions to only instructions he had thought necessary 'to give was that" all officials: in Singapore were to be taken over, and all conditions of em« playment were to continon exactly the same under the new management as under the old Whatever rights and privileges the employees had would be continued under the new Board, and all rights as regarded time allowances and other matters; he bad inform d members of the Board that strict conticuity of practica should be observed. They had taken over all' the officials here with the exception of Mr. Kennie who as they knew bad been selected by the Company to assist in their case. The members of the London committee and off.

interested, in the saw management for some cials there were not required, at any rats for the present. They had bad suggestions from those regulations as to procedure. These they had passed as they were represented as being necessary to enable the Board to conduct busi. were found in any way irksome they would not ness satisfactorily. But if these regulations be

followed, and if the Board desired might matter was about to become an accomplish make its own rules. He hoped now that this fact, that those who represented the Compan and Government would be able to work toge." ther cordially, and make this Institution the great success it ought to be under the direction of this Board. So far as Government was con cerned he might say that though they had endeavoured to carry out such controversy as there had been with courtery and 'good sense, if they had failed and had said anything which might be regarded as personal, he might say Ally was the culprit he was ready to withdraw it. They had on the other hand no complaist they regretted it very much, and if he person-

to make against those who represented the company. Now that all that was over as far as they were concerned and the controversy would be taken out of their hands and relegat

Mr. Looker said that as regards the keys the complainant had a photograph of defendant which the latter wanted back, and as the com- with bar for the keys as he was determined to that those who had agreed to serve the Board conduct of such an undertaking, he was sure plainant would not give it he had a scuffled to the lawyers, who were outside the actual get the photo back. His returnthe next night would work together with Government as far was quite spontaneous, and was merely to re-

as Government had anything to do with the turn the keys. He submitted there was so

matter, to do their best for the docks and port case against the defendant,

of Singapore (bear, hear),

His Worship said that on the evidence no Jury, he thought, would convict, and the delen.

dant must be discharged.

To defendant-You are discharged,

5. C. FARNHAM, BOYD & CO.

His Lordship referred Mr. Beavis to a case alluding to the sending to the creditors of a circular stating that financial difficulties made it desirable for the writers to consult with their creditors as to their position and asking to be

We learn that Mr. J. Johnston has in furnished with an account of the amount ow ing. That carried the matter a little farther.siructed his legal adviser to take proceedings A ruling by the present Lord Chief Justice Against Mr. Twentyman for the language used carried if even further, for he held that a state by him at the recent meeting of 6. C. Paraham, ment by a debtor that he was utterly penniless, Boyd and Co,, Ld.-N, G. D. News, could not pay anybody, and had lost every- thing, was an act of bankruptcy.

Mr. Beavis directed his Lordship's attention to the judgment of Lord Esher in ro Cooke where the case of re Lamb was also considered. It was laid down that in considering the ques tion whether a statement made by a debtor to any of his creditors amounted to notice that he had suspended or was about to suspend pay. ment of his debts it was necessary in each case to estimate the reasonable construction which to creditor would place upon the statement. If they were to ask the creditor whether be understood that deblor intended suspending payment of his debts, and if he did so under stand that would carry them over the present difficulty. It was not so much the words used as the intention they were intended to convey His Lordship pointed out that the words might be construed as meaning: If you press me I shall have to suspend payment because my assets are only so much and my liabilities so much. Addressing Mr. Bowley, bis Lord ship said the interpretation he proposed to put on the words ware "If you press me my

We understand that the interjection Rats, addressed to the chairman at the recent meetr ing of Messrs. S. G, Farnham, Boyd and Co. Ld., did not emanate from Mr. J. Johnston, but from a shareholder who was sitting near him→N. C. D, News, ...

SEETON," the newest of the health resorts established for the benefit of the people of Hongkong, was opened yesterday afternoon for the Brit time.. "Seeton " is situated In delightfully sheltered cove, beyond Stone cutter's Island Surrounded by hills, and Javed by a limpid sea, which shelves away from a sandy beach by almost imperceptible degrees, the new resori is eminently, adapted for picnics and bathing parties; it is an ident place to lounge away an idle hour. Only four months ago, Sesión wax a comparatively barrea piece of foreshore. Mr. Samuel Ser the manager, has converted the land into a garden, A restaurant bungalow, whern ten and light refreshments are served, has been erected. From the bungalow to the beach the bather walks over the softest of sand and those who cannot swim may find pleasure paddling in three feet of water. It is intended to anchors housebost near the shore for the Writing to the M. C. D. News on zoth ult, convenience of ladies: The lawn in front of the bungalow will be utilised for tennis, and it Mr. F. Anderson states:

Sir-16 your report of the annual meeting is proposed, when the moon is at its zenith, to of the Dock Company, at which I was unable start evening excursions from Hongkong to to be present, the Chairman is stated to have "Seetan. On week days the launches leave referred to the circular letter of the 13th April Blake Pier at 5 pm) returning at 7 p.m. while. addressed to the Directors as vindictive. As on Saturdays and Sundays the lanach leaves one of the signatorias of the letter in question at 3 pm and returou at 7 pm. Only $t'li disclaim any other motive than legitimate charged for the gura trip, including refresh criticism of the action of the Board in the im ment tops need be deterred from portant question of the sale of the undertaking. taking on the ground of expense, The value of the "definite offer which was Yesterday at large pany which fournered submitted to the shareholders depended upon across jo accton on the invitation of the whether there were reasonable grounds for be manager expressed themselves highly delighted lieving that the sixteen shares in the new with the excursion and predicted the thorough Company would be worth par after folations is success of the enterprise,

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