1905-08-10 — Page 4

Intimations.

THE HONGKONG TELEGRAPH THURSDAY,

The Hongkong Telegraph

HONGKONG, THURSDAY, AUGUST 10, 1905.

A. S. WATSON & CO., HONGKONG'S MEAT SUPPLIES.

LIMITED.

WATSON'S

E

VERY OLD LIQUEUR

SCOTCH ̈

WHISKY.

THIS

CELEBRATED

BLEND

OF

THE FINEST

WHISKIES

IN SCOTLAND

IS CHARACTERISED BY ITS

| THE following appointment has been made t the Admiralty Captain-H. P. Williams, to the Tamer, as commodare and clais, and as nival officer in charge at Hongkong, to date ||17th ult.

IT is reported, in a London wire of the 3rd inste to the Straffs Timas, that the umpire appointed in the arbitration over the transfer of the

is Sir Michael Hicks-Beach.

AUGUST 10, 1905.

BLOCKADE RUNNING,

A SUCCESSFUL VOYAGE.

certain correspondence that had passed with the owners, but the captain refused to give him a copy of the agreement, Witness told him he would not proceed, and the defendant replied "You will have to take my word the same as 1 have had to take the owners.". Upon this plaintiff said,Owing to the fact that I have been deceived on two other occasions with a verbal agreement I don't intend to accept that."

MACAO, NOTES.

[From Our Own Correspondent,,

Macao, August 9th,

THE EARTHQUAKE SHOCKS. The greatest alarm, which amounts almost

The abattoir with its accessories is situated Tanjong Pagar Dock Company to Government, band of war was heard in the Court of Sum.be remarked to the chief engineer This in a has been caused by the recent visitations of

IN an almost perfect state of preservation, and easily recognisable, the dead body, of a guide, gamed Nagi, a native of Aosta, Italy, who fell into a crevasse in 1877, near the summit of Monte Rosa, has just been recovered from the ice.

THR Novosti states the syndicate of St. Petersburg bankers which has been consider ing the project of a Russian internal loan of 150,000,000 roubles (£15,000,000) has decided that its issue is impossible at the present

at such a distance from the centre of the city, in a locality comparatively unfrequent- ed by Europeans, that it seldom attracts to itself the attention of the public which it deserves. People take it for granted that all goen well there, and if they ever find any. thing amiss with their meat they set it down to the carelessness of the market attendants. About the beginning of this year we gave a description of the abattoir, the methods in force there, and the efforts made to exclude discase. But, of course, while recognising the excellent work which is done by a hand-moment, ful of Europeans there, it would be foolish to. assert that the abattoir is all that it should be. Certainly every endeavour is made to keep the place clean and sweet, but it is evident even to a layman that the accom. modation for the large number of animals which daily pass through the abattoir is far 100 restricted. Hongkong has grown with

FINE FLAVOUR such rapid strides that people who have

AND

MELLOWNESS

ATTAINED ONLY BY

GENUINE

QUALITY

AND

GREAT AGE,

Per Dozon $16.50.

LIMITED,

WINE AND SPIRIT MERCHANTS.

ALEXANDRA BUILDINGS.

foram senun in Hongkang, 22nd July, 1905.

$16.00

[37

LEAVE of absence to the neighbouring countries has been granted to Lieut-Col A. E. Aitken, 119th Infantry from 30th inst. to 18th October, and to Lieut F. B. Humphreys, and Royal West Kent Regiment, from 12th inst September.

10

THE INDO-CHINA ROBBERY CASE.

1ath

APPEAL UNANIMOUSLY DISMISSED.

STRICTURES ON MAGISTRACY METHODS.

His Honour the Puisne Judge, in his judg. thelated the facts of the case, stating that the Nam Lung firm, who carried on business near Saigon, was robbed of a large sum of money. Lam Tung was a cook on a French steamer trading between Saigon and Hongkong; By the same steamer travelled a man named Chau Kwong who had been acquainted with Lam Tung for some years. When the vessel arrived at Hongkong Chan wong was arrested on the charge of being concerned in the burg; lary on the Nam Long firm; be was handed over to the French authorities and convicted. When he was arrested in Hongkong the sum of $3,000 in notes was found in his possession, $1,6co of which formed the subject of the pre seat action. The Nam Lung firm demanded the restitution of the monoys as being part of the proceeds of the burglary. Lam Tung claimed the money alleging that he had given it to Chau Kwong for safe custody. The learned Chief Justice found for the plain- tiff and the defendants appellants appealed from that judgment. The counsel for the appellants took a somewhat unusual course: He divided his attack into two parts. In the one he asked that the judgment appealed against should be reversed; and in the other he asked for special leave to adduce further evidence. His Lordship thought that the appellants were making an ineffectual tempt ought to have been more strenuously urged in the earlier stages of the case. After recounting what had happened in the lower Court, his Lordship said he had come to the conclusion that the appellants knew perfectly well at the time of the trial what further evi- dance they wanted, and that they had two op- portunities of attempting to get that further evidence and had not availed themselves of it. There never had been a surprise; so far as they were concerned they acted with their eyes open Under these circumstances, if this sort of appeal were to succeed there would be no finally. He was strongly of opinion that in view of their laches they were not entitled to any indulgence, and that so far as this part of the appeal went it failed. On both points his Lordship saw no reason why the original deci sion should be disturbed, He thoroughly agreed with the learned Chief Justice that there was considerable difficulty in the matter, but he could only say that several doubts which he had on first reading the papers had disappear ed on further consideration. His Lordship was of opinion that the appeal should be dismissed with costs.

the g

vvidenza, which ma

celebrated their semi-jubilee here can hardly recognise the scenes of their childhood, And the growth of the city has been mark

The Full Court sat this moming to give ed by an improvement in the food re-judgment in the appeal against the judgment of quirements or tastes of the people the Chief Justice in the Las Tung vs Naip Lung firm case. The Chief Justice, Sir Francis generally. That means that the abat Piggott, and His Honour Mr. A. G. Wise, toir is increasingly taxed to supply the Puisne Judge, were on the bench. wants of the public in the shape of dead meat. but dead meat is not everything. We must be certain that the meat is absolute- ly free from contamination, and not only so, but that it is not likely to incur con tamination. It is true that the inspectors examine each haunch and carcass that leaves the abattoir, and impress it with the scal of the "municipality," and no one will suggest that they are in the slightest degree negli. gent in the work of preserving the citizens from the abomination of diseased meat. Yet a deal remains to be done if the abattoir and A. S. WATSON & CO., its accessories would be brought up to date. The matter was under the attention of the Sanitary Board the pher day, when Mr. Rumjahn suggested that a Select Committee should be appointed to consider and report on the subject, The Select Committee was appointed and therefore the matter is sad judice in the sense that Mr. Arnold Foster described the War Stores Report as sub judice. That is to say, it is sub julice so long as no evil is said of matters connected with it, and punishable with the extremest rigour of the law if any carping critic essays a till. As yet, however, so far as the inspec. tion of cattle and meat is concerned, no re- port has been submitted with which we can deal. But certain things should be borne in mind by the members of this Select Com- mittce who have been appointed to investi. gate matters.

It is all essential that the health of Hongkong should be preserved at all, hazards. It is now an accepted fact that food forms one of the most prolific media of disease known, even if it be boiled, roasted or pickled. Therefore precautions should be taken that even the raw material, so to speak, is rendered innocuous. Cattle arrive at Hongkong from a variety of places

The Chief Justice, in the couse of his judg and they should be segregated in a campment, held that the fresh evidence which it was away from the vicinity of the abattoir-Bel- sought to adduce had not been excluded in the tower Court by reason of any technical objection, cher's Bay, as Mr. Rumjahn suggested, it was excluded by an order of the Judge in would-be a satisfactory site, other things Chambers; there was no appeal from that de being equal. If cattle are to be exported cision, and no application of any sort was made to the Court daring the trial which would have methods should be adopted whereby the enabled it to make an order for this evidence to be taken. After dealing with other points, work of the inspectors should not be added bis Lordship remarked that the defendant's to by a fresh batch of regulations; at the counsel said it was very hard to have valuable same time it should not be overlooked that evidence excluded. But this arose from the fact that the affidavit made in support of the the cattle should be guaranteed, so far as summons for a commission disclosed the actual human knowledge can guarantee, that these facts which it was alleged the witnesses ig Saigon would give. His Lordship saw no rea cattle are free from discase. Hongkong's son to alter the opinion he formed alter heat name, as a place liable to all manner of dising the case. It was apparent from the terms eases, is not a thing for sport. And finally, of his judgment that he had experienced cop. the provision for examining the cattle and inspecting the meat furnished to the people in Hongkong should be vastly extended. At present the meat is inspected in a poky little chamber, half-lighted, with shoulders of beef crowded together so closely that even the

of an

expert might be deceived by appearances. The same thing applies to mutton and pork, goals' and bussaloes' flesh. The Select Committee of the Sanitary Board will see these things for themselves, and we do not doubt that they will present a scheme incorporating radical improvements in the inspection of cattle and meat in Hongkong at the earliest possible time. Hongkong is still growing, and any scheme of extension should not leave that fact out of sight.

WILL BUY A CASE

OF

GREGOR & CO.'S

IMPERIAL

HIGHLAND

WHISKY.

NOT ONE OF THE BEST,

BUT

THE BEST!

GREGOR & Co..

eye

LOCAL AND GENERAL.

IT is stated that a number of the men discharg ed from Devonport Dockyard have found employment under the Japanese Admiralty. "NOBBY" Harris, of the sailing ship Parr of Grander, writes that he is willing to fight any man in Hongkong or vicinity at 124 lbs. at the ringside. He says there should be no side-bet, and suggests that Fitzgerald's Circus put up a suitable purse. He has another man looking [331 for a fight at 150 the, ringuido,

34, QUEEN'S ROAD CENTRAL,

Hongkong, 15th June, 1905.

siderable difficulty in arriving at it, and he bad therefore been the more anxious to hear what further arguments could be advanced on either side to make the matter clearer to his mind. He did not find anything to make him alter the decision he arrived at nor any of the subordinate opinions on different parts of the case which went to compose the whole, in closing his Lordship referred to an argument which occurred over a letter. His Lordship said: "The really serious part of the case made on this point is the discrepancy in the evidence of Kwong Kam Cheung. At the Police Court he said he opened the envelope and that there were two envelopes inside. At the trial be said that when he opened the envelope there was a letter inside which ha put back in the envelope. It is much to be regretted that the officials of the Police Court do not seem to have been too careful to see what became of the enclosure whatever it was. The envelope came to the Registrar of this Court opened, with no enclosure. Although this in a serious matter, I do not think that there is anything in it to support the theory that the envelope was an old one, and was not in fact "opened" in the presence of the Magistrate. All parties were present and it is not to be sup posed that any sleight-of-hand could have been practised without somebody noticing it. But again this points to fraud and perjury, and we cannot come to a decision which is only con sistent with such heinous offences on no better evidence than what seems to me a somewhat fantastic theory as to what actually took place. There is no half-way house. Either the plain tiff's story is true, or as I said in my former judgment he was an accomplice in the robbery, In that judgment on further consideration, I do not think it necessary to alter a single word."

Appeal dismissed with casta, The Court adjourned sing die,

AND DISSATISFIED ENGINEER'S CLAIM, An echo of the days when every sailorman dreamt of being captured by either of the belli- gerent fleets while on a vessel carrying contra- mary Jurisdiction to-day, before His Honour Mr. A.G. Wise, Puisné Judge. William Turper Seabrook, second engineer, sued W. A. Scott, master of the steamship Royalist, for breach of contract. In his statement of claim the plain tiff stated that he signed a contract at South Shields on 5th October, 1904, engaging to per form the duties of second engineer for an or dinary voyage within the limits of the contract.

| During this time the ship was under way and to consternation among the common people,

smart way to take people out of port." Two, days later there was a dispute with the men about a document which the caplain had Words were spoken over the mislaid. mess-room table with regard to mutiny, and the chief officer said "The first man that re fuses duty, the captain is ready for him; he will clap him in irons. As his certificate was at Able to refuse duty. At Vladivostok several of stake winess did not think it would be advisin the crow asked the captain about the Russian bonus and he told them that he know nothing On arrival at Singapore, on the 27th Novem about it. When the anchor was dropped in ber, 1904, the defendant represemed to the Vladivostok the captain said "That's my too" Upon arriving at Shanghai the captain refused plaintiff that the next port of call was Hung-to give witness any guarantee as to payment, koog, whereas instead of proceeding to Hong-and witness saw the British Consul and Mr. kong the steamship proceeded under the orders of the defendant to Vladivostok. The cargo on

board the Royalist was contraband of war and the port of Vladivostok, belonging to one of the belligerent powers in the war now being carried on between Japan and Russia, was at the time blockaded. The defendant gave the plaintiff no opportunity of declining to proceed 10 Vladivostok, thus exposing him to extra 'ordinary and unforeseen dangers and perils which were not contemplated and were not with. in the terms of the contract for service. After the steamship had got under way, after leaving Singapore, the defendant entered into a verbal agreement with the plaintiff whereby the de- fondant in consideration of the plaintiff pro- ceeding to Vladivostok promised to pay him double wages and a bones on account of the extraordinary and unforeseen dangers and pe- rils to which he would be exposed in going to Vladivostok. The plaintiff had not received sum of $1,000 for breach of contract and such the said bonus, and he therefore claimed the double wages and bonus as promised.

Mr. H. J. Gedge (Messrs. Johnson, Stokes and Master) appeared for the plaintiff, and Mr. M. J. D. Stephens for the defendant.

After reading the endorsement on the writ, Mr. Gedge was proceeding to relate the facts of the case when

a

Douglas advised him to agree to certain written terma under protest. As the ship was about to leave and he did wish to delay her witness accepted the advice, and

His Honope-You did not accept the verbal agreement, and you accepted this under protest,

Mr. Stephens-We are quite willing to pay the double wages to the plaintiff when we arrive in London or at the final port of discharge, and we will also pay him any bonus

if there is one due..

Mr. Gedge. Apart from that, if there was not a contract I am entitled to damages for the breach of the contract.

His Honour.-How can you be; you have not a contract. You should have sued in the Lord Mayor's Court in London; you cannot sue for wages here.

Mr. Gedge-I am suing for damages. · His Honour-But you have not a contract. Mr. Gedge. This is one (holding up a do- cument);

His Honour.-Oh, no. The contract you are suing on is a verbal agreement, and the plain- tiff has given that away but saying he refused protect

Mr. Gedge, I understood he accepted the to accept it while the other was accepted under verbal agreement and went on to Vladivostok. His Honour-I should have thought so; but he says he didn't.

"

Plaintiff.I could not get out of the ship. The ship was at sea.

Mr. Gedge-You have to treat these seamen with a little more latitude than in the case of ordinary witnesses.

His Honour. Oh, yes. This man appears to know what he is doing. There is no contract. You cannot sue on the verbal agreement, you cannot sue on this other thing,, and you are therefore reduced to the ordinary seaman econ at the final port of discharge.

His Honour (interrupting) said:-1 think as matter of fict the facts are all admitted. Mr. Stephens. No, my Lard. Proceeding, Mr. Gedge said that the voyage

Plaintiff I intended to take this to the was to extend for a period not exceeding two years, and Vladivostok was within the degree court in London or at the final port of dis- of latitude embodied in the terms of the agree-charge, but the captain informed me he was ment. After leaving South Shields the ship leaving the ship. proceeded to Barry and having taken a cargo. of coal aboard left for Singapore which the plaintiff thought was ber final destination. He then outlined the facts of the case which would be related by the plaintiff, and was alluding to Mr. Stephens said he would admit certain the figures of the claim before the Court when liability-double wages, for instance-and if there was any bonds due the plaintiff would

Taraium in Án a matter of faci theea esa no

bonus due.

Mr. Gedge.I think I shall be able to prove to your Lordship that there was a bonus.

His Honour-Yes, all right. But I don't quite understand how this case comes to this Court. it should be heard in the Police Court. There was a similar case balore the Lord Mayor's court in London not long age. It comes under the Merchant Shipping Act and I don't see Mr. Gedge-We cannot take it there. 1 why it should not go to the Police Court. submit that there was extraordinary peril.

His Honour.-Oh, yes. There's no trouble about that.

Mr. Gedge-There is a leading case on the point of wages-the case of Burlon v. Piggott. Mr. Gedge proceeded to quote the authority after which

His Honour said-I don't think it is disputed that at Singapore the destination of the ship was changed.

Mr. Gedge-The plaintiff claims that there was a verbal contract whereby in considera. tion of the ship proceeding to Vladivostok he was to be paid double wages,

His Honour-But he is suing on that Mr. Stephens-We don't dispute that. We will pay it when it becomes due. In the Mer- chant Shipping Act it is provided that where a seaman is engaged for a voyage and that voyage is to terminate in the United Kingdom he cannot sue in a court of law for wages until the termination of such vayage.

Mr. Gedge-We are not; we are suing for damages. For double wages and bonus.

Mr. Stephens-But the wages are not pay able until the end of the voyage. We did not promise a bonus.

Mr. Gedge. At any rate your client got £500 bonus when the anchor dropped in Viadi vostok.

Mr. Stephens That has nothing to do with

His Honour. You see he knows this case is one for the court in London. He should sue Mr. Gedge requested his Honour to refer to the owners. the CASO of Burton v. Piggott, and Mr. Wise promised to do so and reserved judgment accordingly.

́SEQUEL 10 A BANKRUPTCY.

ALLEGED PROMISSORY NOTE IMPOUNDED.

The hearing of the case of E. H. Murray, 4. Duddell Street, against G. H. Wakeman, Trustee in Bankruptcy for the Wei Yuen firm concluding, for the return of the steam launch Competitor or payment of its value $5,coo, was resumed in the Court of Original Jurisdiction to-day, the Chief justice, Sir Francis Piggott, on the bench.

Mr. H. N Ferrers, instructed by Messrs. Brutton, Hett and Goldring, appeared for the plaintiff Mr. n. E. Pollock, KC, instructed

by Mr. Dixon, represented the defendant.

When the case was ac journed yesterday, the question under consideration was whether the promissory note for $5,0co which the plaintiff had received from Kwai Pak, in payment of all claims, and afterwards exchanged in return for the steam-launch, was properly stamped and executed.

earthquake to Macao. During the past few weeks frequent and severe, shocks have been experienced, shaking the narves of everybody in the Colony. On Wednesday night last one of the shocks lasted for nearly ten seconds and so fierce were the rumblings that people were the ruins of their houses. Fortunately, momentary fear that they would be engulfed Macao has so far escaped serious damage, but the inhabitants rest in a state of continual ex- pectation that something is about to happen. The Chinese mind, seeking for a cause for these shocks of earthquake, ascribes it to various en- raged deities, but one and all are agreed that. worst has not yet passed. Da Saturday there will be an eclipse of the sun, and already the Chinese, anticipating trouble and belloving" occurrence of the earthquakes, are making ar that the eclipse is solely connected with the rangements-as many of them as have the means to leave Macao while the eclipse it in progress. They have heard that Hongkong l free from shocks and there is likely to be a large exodus from Macao to Hongkong before will be observable in Hongkong as well as in the end of the week. The fact that the eclipse Macao does not seem to affect the Chinese. They are firmly convinced and are egged on to believe that Macao is a good place to leave behind while the eclipse in in progress. Of course, some of the superstitious ones are responsible for this state of mind, but the feel. ing that danger' exists for Macao on the tatl Inst. is very general. If, however, Macao, ascapes damage on the 13th then, in the opinion of the lower classes it is only post paned until the 22nd September. At the same time while there is this abullition of alarm evi-

dent among the Chinese, all classes of the community are troubled with uneasiness owing to the frequent shocks which have been felt of

lata.

A SEISMOGRAPH FOR MACAO,

I understand that His Excellency the Gover nor of Macao is procuring from Hongkong a seismograph in order that, should further shocks of earthquake be experienced, observa- tions as to their duration, direction, and force may be recorded. The instrument, if avail official, who will record the

I able, wil be plite scorch the reading truss that the information obtained from these re cords will be made available to the public, through the medium of the Press,”

THE HOT SPRINGS,

The commander of H.M S. Aloorhen, which is at present lying at Macao, had intended to make a short excursion on Sunday to view the

water springs at Yungmak. There is no

doubt that these springs are of volcanic origin.

and being only from 18 to 20 miles from Macao, as the crow flies, their appearance at the pre

of the seismic disturbances at Macao, however, sent time should be worthy of note. In view the commander has decided to remain by his ship, and the visit to Yungmak is indefinitely postponed.

MILITARY MANEUVRES

On Monday last, the mounted troops attached 10 the local garrison proceeded to carry out. a very interesting series of manoeuvres. They. were under the charge of the officer in com mand of the corps, Baron de Cado:o (Carlos), A.D.C. to His Excellency the Governor. The force performed a number of evolutions in a smart soldier-like fashion on the esplanade at Tapseak. Hundreds of people, especially Chinese, followed the mounted corps for a con siderable distance, and watched the military manoeuvres with the greatest interest. PROPOSED REDUCTION IN ASSIGNMENT FESS.

It will be good news for the landed pro prietors in Macao io learn that His Excel to Lisbon against the present excessivo fees) Lency the Governor has made representations charged by the Fazenda (Revenue Department) on assignment of land and bouse property. Whereas the present fee is at the rate of lo per cent. on the consideration money it is pro posed by the Governor that it be reduced to a per cent. The outcome of these representa tions must be awaited before the reduction can be put into effect in the Colony...

ITALIAN OPERA,

THE STAMPING OF DOCUMENTS. His Lordship said this morning, when the

The music-lovers of, Macao were charmed case opened, there was in the possession of

on Sunday last, by a visit from an operatic the Court a document which perponed to be company which gave selections from Italian executed dated Hongkong, 26th January, 1905. operas. The theatre of the Club de Macau was There was a stamp on that document dated 30th crowded with an appreciative audience. The January, 1905. It was necessary to deal with company has been engaged to present a series this document as it stood irrespective of any of operatic selections, the first performance to evidence. His Lordship had intended to deal with the document as if it were unstamped and be given on Sunday next week. order it to be stamped and impose a penally under section 8 of the Stamp Ordinance. But by paragraph of sub-section 2 bills of ex-

change and promissory notes shall not be

stamped after the event. Therefore, it would appear to be an offence under section 23 (1) and the Stamp Officer's attention should be called to the matter and the document im pounded under section 12. Generally speaking

CURIOUS PLAGUE EXPERI MKN7.

Some experiments bave been made in the Punjab by Lieutant Barnardo, IM S., on the subject of plague, rais, and fleas. It was found that in homes which bad been cinsed on ac count of deaths from plague there were swarms the agreement, and I don't admit it; the cap-it was the duty of the Court to act in aid of

the revenue and specially when a document of fleas, which had apparently deserted the tain has never informed me of it,

was said by an Ordinance not to be receivable dead rats in their runs. A plague-infected sat Mr. Gedge. He has said so himself. Mr. Stephens. It is quite beside the question, in evidence when unstamped or insufficiently His Honour.-There is no trouble about the stamped. It was then the duty of the Court law. Defenddot has admitted that he promised not to receive it whether the point was taken double wages, and the sole question is whether by Counsel or not. This document was not Stamps, and unless the learned counsel for the plaintiff is entitled to be paid now or when the, stamped in accordance with the Ordinance on lip arrives in London.

plaintiff could urge anything in favour of it, his Lordship thought that by Section 1a it was not receivable in evidence,

Mr. Gedge.The articles only relate to the wages earned during ile voyage of two years, and do not relate to any outside agreement entered into between the parties concerning payment for other services rendered during the voyage. For instance

Mr. Stephens. I think I shall show- Mr. Gedge-Will you allow me, Mr. Step. bens. Don't keep on interrupting.

Proceeding, Mr. Gedge instanced a case in which remuneration apart from that stipulated under the usual agreement would be paid, and then called evidence.

The first, and as it proved, the only, witness to be examined was the plaintiff, who said. that when the ship arrived at Singapore, and went alongside the wharf he was instructed that they were going to proceed to Hongkong. Owing to the presence of a British naval lieutenant on board during the afternoon his suspicions were aroused concerning the destination of the ship, and his fears were subsequently borne out, for when he was getting the engines ready and stand by" was rung on the telegraph it came to his knowledge that the vessel, was bound for Vladivostok. He immediately left the engins room and gave orders to the third engineer not to respond to the telegraph.. He went to the chief engineer about the matter and subse quently saw the captain who told him the ship was going to Vladivostok. Witness told bim he would not go and the captain replied "Surely you are not going to humbug me Look here, there is double pay if you go be sides a bones from the Russian government and also a bonus from the owners. I can assure you it will be paid." Witness was shown

was caught and placed in a cage covered in with musling it died with unmistakable. symptoms of the disease, and it was then seen that all the fleas had swarmed upon the muslin

One or two ofthere were secured alive, seccotine employed for birds. The fleas were then con being used, much in the same way as birdlime is veyed to healthy rats kept ready in cages, and

in three or four days these rats died of virulent'

Mr. Ferrer-Promissory notes cannot be plague. The important point to remember is that, during an epidemic, the rat-fien and the His Lordship-On the face of this document rat must be destroyed logelber, and that con- stamped after execution, we have a document which has been stamped sequently the rats should then be trapped. after execution.

Mr. Ferrers suggested that the plaintiff might DURING the voyage of H.M.S. Glory from have spoken in error.

His lordship-His evidence is very clear on Hongkong to Singapore a sad affair happened rather curious. He was being cross-examined Frack W White, the torpedo gunner, was the point and i took it down at the time it is on board two days out from Singapore. Mr. as to why he destroyed the first promissory found in the morning in his berth dead, heart note. The second note, he said, was signed failure having been the cause of death. His on the date 26th January, 1905 Was stamped loss was deeply regretted by the whole ship. before signature."I got it stamped im- He was buried at sea.

Mr.. Ferrers said that the evidence was a mediately after-no, I mean before, signature." mistake.

His Lordship remarked that he was merely concerned with the legal question whether the document was receivable in evidence and he found that in accordance with the law it could not be received.

p

The cross-examination of the plaintiff was continued, and in the course of his replies te remarked that he had made a mistake in his evidence regarding the dates the previous day, for which he was extremely sorry.

Evidence of officials from the Stamp Office was beard as to the procedure adopted in stamping promissory notes; and counsel ad. dressed the Court on the subject.

His Lordship said he could not accept the promissory note as evidence and non-sulted the plaintif with coate

SHIPPING AND MAILS..

·MAILS DUKAN Australian (Eastern), 13th inst Canadian (Empress of India) 14th jast. German (Preussen) 16th inst. Australiah (Changska) 19th inst,

The s.s. Lowther Castle telt New York

5th inst, for China and Japan,

gn

The Bucknall Line & Barotse left Singapore yesterday, and is due bere on 15th inst.

The C. P. R. Co.1 8.3. Tarfar left Vancouver on 7th inst, for Hongkong via the usual Forte of Calle