366
THE HONGKONG WEEKLY PRESS AND
[May;15, 1895
Mr, Dennys, if he liked, could or that he should have told him he had lent operation. money to the defendant.
proceed in another way,
Mr. Denny-You dismiss the application His Lordship—Yes, without prejudice.
This was the case for the defendant. Mr. Ellis asked permission to call two wit-without prejudice.
Witness-No. If I did receive any money it was a matter of business. I do not think I received any money for my board from Mr. Hardy. I will not swear that I have not. I was there most of the time myself. I drew on Mr.nesses. Hiscocks for my expenses, and settled with him on my return. I was in England about six weeks. Mr. Hiscocks paid my passage. My ex- penses during that time were more than £100. I got the rest of the money when I returned. In Australia I got £12 a week salary, and a per- centage on the profits. I was not responsible for the losses.
On your arrival in England did Mr. Hardy pay you £500 P-Certainly not.
Mr. Ellis said that according to the deed of partnership the witness was to receive £500 from Hardy in consideration of the power of attorney. Witness said he certainly did not receive the money.
од
His Lordship granted permission, and said that as one of the witnesses was în Court he should accept his evidence subject to that fact.
HONGKONG SANITARY BOARD.
Mr. WJ. Montgomery was then called and said Mr. Saville Smith once called upon me and my
The fortnightly meeting of the Sani, wife at our house in Calcutts, and amongst other
tle said Board was held on Thursday afternoon. things the question of exchange arose. that if the rate of exchange went lower it would President (Hon. F. A. Cooper) was in the be absolutely impossible for theatrical managers and there were also present Dr. Atkinson, to exist in the East. I said I had discovered that ing Colonial Surgeon, Dr. Westcott, Actin to my sorrow, as I had brought people out at Medical Officer of Health, Commander."W. sterling and had to pay them at the rate of ex-H. Hastings, Acting Captain Superintendent change. Smith said " Hardy, my partner, had Police, and Mr. H. McCallum, Secretary. 290 from England, and received 1,800 rupees."
THE MACIO GOVERNMENT AND THE PLAGUE: Cross-examined-You and Miss Hawthorne
Mr. E. E. Werner, British Consul at Maenò,. were stranded P-Absolutely.
wrote stating that the Macao Government had decreed a medical examination of all passengers arriving by steamer from Hongkong.
"J.
You had to get somebody to get you back to Calcutta P-Not necessarily. I simply had to write to my people.
You telegraphed to Bombay to Mr. Smith ?---- I did, and Mr. Smith said he never received the telegram.
VOTE OF THANKS TO THE EZ-UNOFFICIAL MEMBERS.
*
The SECRETARY read the letter, from thứ When was the telegram sent ?—I cannot tell. Colonial Secretary stating that His Excellenőr Farther cross-examined-I met Mr. Smith had been " pleased to accept" the resignationis, by accident in the office of the Corinthian thea-of Dr. Ho Ksi and Dr. Hartigan as members the
Board. tre, Calcutta. I could not pay all my debts in Calcutta.
Witness, continuing, said-I got my salary; but no profits. I went to Tasmania and superintended the building of a theatre at Launceston, and had a salary of £7 a week. It was not my business to alter the architect't plans. The only thing i had control over was the seating of the house and the building of the stage, and in those respects I altered the plans. I was thus engaged for about three months, when I took the theatre a lease. I suppose. I then had about £300 or £400, I could always get capital. I took the thoatre for three months, and did It was a salvation to you to meet Mr. Saville fairly well. I have had many failures, and have Smith ?-Looked at from your point of view. got one now. (Laughter). It is not a fact that
Looked at from your point of view at the time. when I started the Gaiety Theatre I had to bor. You were very anxious to get Mr. Saville Smith row $50 from a Mr. Marshall, printer. Mr. Hardy-Not particularly. Mr. Saville Smith was was not concerned in the Tasmanian theatre. more anxions to get us than we were to get him.
Mr. Ellis-You are not an architect--Well, | We were his salvation. 1 don't know. I am not a solicitor.
Mr. Ellis-Probably they would not have you. Witness-I return the compliment to you. In answer to further questions witness said he was burned out twice, but he still had his original capital. When he went to England Mr. Hardy might have paid his passage. In 1892 Mr. Hardy paid him £10 on 30th August, on the 8th August £6. I think they were towards the business. When we left England Mr. Hardy and I were partners. I swear that it was not for the sake of my name appearing that I was given ont as a partner. I was not known out here then. I should think we made $3,000 or $4,000 on the tour. That was in 1894. When went to America I had $750 from the show, and I spent between $800 and $900 gold in America, In the meantime the company was mismanaged by Mr. Hardy and Mr. Nünn.
Witness, continuing-I cannot say when the conversation was held. I did not see Mr. Hardy before Mrs. Montgomery was engaged by Mr. Smith. Mr. Smith has had a dispute with Mrs. Montgomery and me.
He gave you notice to leave the other day ?— Yes.
And you have issued a writ against him?—I have.
mentioned.
7!
The PRESIDENT Gentlemen, I think this letter calls for a few remarks from me. Iřir well known now to the members of the Board that Messrs. Ho Kai, Francis, Hartigan, : and. Leigh have resigned their seats, as members of thim Board. I do not propose, to enter upon the which have, caused : : thond special reasons gentlemen to resign their seala but I think the Governor, the members of the Government, the members of this Board, and the public generally will concur with me in the motion which I mow intend to present at this meeting. Although. many of us were absent from the colony during the serious epidemic of plague, last year, I am sure the published accounts of that emis demic are sufficiently convincing that these
I gentlemen, especially Mr. Francis, who,
devoted several months of. There has been a heavy loss on the company understand,
his time absolutely to the work of coping-with- Mr. Smith has made it appear so.
Miss Grace Hawthorne, wife of the last wit.the epidemic-I say it is obvious, from these. that these gentlemen ness, said that until lately she had been con-published accounts nected with the dramatic company managed by rendered valuable services not only to this Mr. Smith. She then related the conversation Board, but to the colony generally. My predeces: that took place between the defendant and the sor in this chair, Mr. F. H. May, who vad last witness respecting the rate of exchange, also intimately connected with the operations, but she did not remember Hardy's name being mentioned to me before leaving the colony that he had hoped to bring before this Cross-examined-We were not stranded as far Board the very valuable services and the Witness was cross-examined at some length repecting his finanical affairs, and he said he as I am aware. I wrote or wired to the defen enormous amount of work performed by Mr. J. could always got money when he wanted it. He dant to Bombay, hearing that he was in want of J. Francis, Q.C., as Chairman of the Permanent -That swore that he did not say to Mr. Montgomery, people. I was not displeased with Mr. Hardy Committee last year. With these few remarks speaking of the rate of exchange," Poor Hardy being connected with the company. I am never. I beg to move the following resolution got 290 from England, and he has got Rs. 1,800 displeased at meeting a gentleman. My maid, the thanks of the Board be conveyed to Masera. who was English before she went to India, was Ho Kai, Francis, Hartigan, and Leigh, for the the business of this Board during their member- in the room at the time the conversation was assistance they have rendered in the conduct of held.
Mr. Dennys addressed the Court for the de-ship and especially to Mr. Francis, Q.C., for his fence, and asked his Lordship not to accept Mr. untiring seal and energy in coping with the Montgomery's evidence against the sworn testi- plague epidemic during 1894. mony of Mr: Saville Smith, as Mr. Montgomery said that he could not remember the date or the time of the conversation and that no one was in the room at the time, whereas Mrs. Montgomery had said that her maid was in the room as well. The plaintiff had no promissory note or admis. sion of debts, Did his Lordship believe that Were that man received Rs. 1,800 in Bombay? the entries in the book to be relied upon? Counsel asked his Lordship to come to the con- clusion that the entries were written after or about the time Mr. Deacon's letter was sent to the defendant, and that the plaintiff had not made out his case.
for it."
Mr. Ellis-If his Lordship will allow me I propose to call two witnesses who heard you have this conversation. Do you still deny it?
Witness-I deny it emphatically.
Mr. Ellis-I will ask your Lordship's permis. sion to call the two witnesses.
Witness-I never mentioned such a thing. deny it if you call twenty witnesses.
I
Mr. Dennys-I do not think the witness should be called, as he is in Court. He is suing
Mr. Saville Smith at this moment.
Mr. Ellis-But the other one is not. Witness-He will swear anything. Mr. Ellis-That is a very impertinent remark, and one you have no right to make.
Mr. Dennys said that Miss Brian was unable to attend as she was unwell.
Mr. Walter Durant said that in July last year he was in Penang when the defendant returned from America. Witness was not a member of the company then. He joined it about two months after at Calcutta, and was engaged by Mr. Smith. As far as he knew Mr. Hardy was not a partner of Mr. Smith. Witness had no knowledge of the $5 said to have been advanced by Mr. Hardy. He always got his money from Mr. Smith, and had never heard that the plaintiff received money from England, or that Mr. Smith was indebted to him.
In cross-examination witness said that he was not an intimate friend of Mr. Hardy, and there was no reason why Mr. Hardy should have told him that he had received money from England,
Mr. Ellis repudiated the suggestion that there was anything wrong in the letter sent by Mr. Deacon. "Details of the claim" meant the items, and not the actual figures. Whether it was true or not that Mr. Hardy received the Rs. 1,800 did not affect the question whether be lent the defendant Rs. 1,550, Counsel submitted that it had been fully proved that the company could not have left Unleatta without the assistance of Mr. Hardy.
His Lordship said he wished to read the evidence and would reserve judgment. In reference to the application by Mr. Denn ys on Saturday his Lordship said he would nt put the clause in the Code of Civil Procedure oin
I
The ACTING CAPTAIN SUPERINTENDENT OF POLICE-I saw the work which was done by these gentlemen last year, and I have very great pleasure in seconding the resolution.
E
Carried.
THE MEDICAL INSPECTION OF PASSENGERS. The COLONIal Secretary sent the fellow; ing report by Dr. Atkinson :--
I fail to see the utility of a medical inspection of passengers and crews of vessels arriving from Can- ton. The incubation period of plague is nine days, and considering the short time it takes for a verdi to come from Canton, it is very unlikely that a case would be detected. The experience of last year, when two medical men performed that duty alone for some months, bears me out, as there was not one case of plague detected by them. If the Govéinment decide that this medical inspection be carried out I apprehend that we shall have considerable difficulty in obtaining the medical men.
The PRESIDENT said that as the Govern- ment considered the inspection of bosts, im- practicable, he proposed to take no further steps in the matter.
18 A THIRD SANITARY SURVEYOR WANTÈD ?- The COLONIAL SECRETARY wrote making whether the Board required a third Sanitary Surveyor in addition to Messrs. Crook and Ram.
The following minutes were attached : The President. Please circulate, and if membera conqur reply that so long as Mr. Ham's netviods wre
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