August 7, 1895.]
at once perceived that the knights of Choshu intended to deprive him of his ship, so he left the port early the next morning. Soon after he had started. two hundred knights came down to the beach, but Shozo and his ship were already beyond their reach.
That the babits and character of the lower classes of the people are undergoing a change may, we think, be inferred if we compare the following with the evidences of pluck, devotion to duty, and admirable discipline of the troops and navy which the recent war lias shown :-
an
In the first year of Genji (1864) he sailed for Yedo, where he took in a full cargo of merchandise. Whon. off the coast of Shima, the vessel was overtaken by a great storm, and for nineteen hours, was, at the mercy of the wind and waves. As midnight approached the storm increased in intensity, and the ship was in danger of foundering. The captain gave the order to cut away the maste, but all the sailors were worn out with fatigue and incessant toil, and none stirred to obey the command. At this critical moment the captain, upon consulting with Hirano Tomiji, engineer, brought a box filled with gold on deck, and displaying its contents to the sailors, cried out: This gold is for him who cuts away the mast!" But not a man answered even this appeal ing his sword, the captain then threatened his
Draw recalcitrant crew with instant death. Still no one stirred. Isematsu, the pilot, now declared that they were beyond the power of human aid; there was nothing left for them but to implore the help of Kompira (Kompira Dai Gongen, the god of mari ners). At these words the men plucked up courage ased to state that gold was what men desired, death what they abhorred, but that both were powerless to affect the heart when all hope of life was gone. Religion and religion only coull sway the human
and went to work. It is said that Shozo, thereafter
mind at all times.
We have left ourselves little room to tell much about Mr. Motogi himself. He was born in 1824 and died in 1875; living loug enough to see not only all the changes and improvements that he had been all his life striving, against the strongest opposition and almost insuperable difficulties, to bring about, but many more, assured of realization. His bio- grapher says: "It was Motogi's belief that nutil the printer's art in Japan stoo on the same level with that of the Occident, our civilisation would fall short of that of Europe." He suc ceeded in establishing a number of type- foundries and printing-honses, but for many years the demand was very small and he lost more than half his fortune through his efforts; but ulti- mately "the demand for type gradually grew more active and the prospects of the trade began to look correspondingly bright. On hearing this, Shozo exclaimed: It is as I said! The new era has begun!'” And he was right in Japan as everywhere else the printing press is the foundation and keystone on which a nation's progress is built. But Shozo was not only the father of modern printing in Japan. he was its first steam-navigator. In 1860 he bought the steamers Victoria and Charles and acted as the captain of both. He opened up several lead and autimony mines and in 1868 was ap pointed director of the irou foundry at Aku-no. ara. In 1869 he superintended the building of the bridge at Hamano-machi, Nagaski, the first iron bridge built in Japan.
4
CHINA OVERLAND TRADE REPORT.
every satisfaction for several years and have re- cently received two large founts of their romau type, which is quite equal to any made in Europe or America, and with which we will shortly greatly improve the appearance of the Daily Press and Weekly Press. Uulike Mr. Shigeri we do not blush to speak of our own pros, erity.
|
SUPREME COURT.
31st July,
IN SUMARY JURISDICTION.
BEFORE MR. T. SERCOMBE SMITH (ACTING PUISSE JUDGE).
SUNDAH SINGH V. F. DANNENBERG...
An action was brought by Suudah Singh, a policeman, to recover four large buffaloes and- one small buffalo wrongfully detained by F. Daunenberg, of the East Point Dairy Farm; in
of the buffaloes. the alternative plaintiff claimed $480, the price
|
99
He submitted
Mr. Robinson said he had very little to say ou the law of the case; his arguments would be confined to facts. that justice had not been properly dons-partly through their own fault.
The Acting Chief Justice-The first question is whether there shall be an adjournment, at pre- sent I am not inclined to grant it.
an
Mr. Robinson urged their Lordships to grant adjournment. He did not receive the Judge's notes until midday on Wednesday.
The Acting Puisne Judge-They were ready at ten o'clock and could have been got then.
The Acting Chief Justice Mr. Phillippo knew all the facts of the case. You coming in as a new man might be at a disadvantage, but Mr Phillippo knew what occurred at the trial. I do not see any reason for an adjournment on the reasons you have adduced.
Mr. Robinson-I would like to ask your raling on section 41.. I submit that the practice of the Court is wrong if an application of this kind must be made in Court within seven days.
The Acting Chief Justice-It is quite nane. cessary for us to give a ruling upon that. As a matter of fact you are before the Court, and it will be time to decide that question afterwards.
Mr. Robinson-I submit that this application is made in so short a time only because it was understood to be the practice of the Court, and it is entirely erroneous,
Mr. Reece appeared for the plaintiff, and the defendant was represented by Mr. Phillippo.
The plaintiff's case was that he lent $1,750 to Peer Bux in April last on a bill of sale, which comprised in the schedule all the cattle owned by Peer Bux at Yanmati. Peer Bux absconded and on the 9th July plaintiff enforced the bill of sale by instructing Mr. Armstrong to take posses- The Acting Chief Justice I myself fixed the sion of the cattle, which were to be sold at the day for the hearing of this appeal, and I fixed expiration of twelve clear days. Mr. Arm-to-day, which 1 understood would suit both strong's watchman took possession of the cattle parties. I see no reason to grant an adjourn. until the 12th-alt, when five of the animals were taken away by the defendant, who claimed to be entitled to them. In answer to Mr. Phillippo plaintiff said the whole of the money lent was principal; be charged no interest: Some of the money was h's own, and some he borrowed from friends.
The defence was that Dannenberg was en titled to the aminals as payment of a debt.
Judgment was given for plaintiff.
1st August.
IN APPELLATE JURISDICTION,
BEFORE THE FULL COURT THE IION. MEIGH GOODMAN (ACTING CHIEF JUSTICE) AND MR. T. SER. COMBE SMITH (ACTING PUISNE JUDGE.)
W.
CHFUNG KAM TIN (DEFENDANT), APPELLANT, U. -WONG YIK WAN (PLAINTIFF), RESPONDENT.
This was au appeal by the defendant from the judgment of the Acting Puisne Judge given in the Summary Jurisdie ionourt. The action was brought by the plaintiff to recover from the defendant a sum of $300, and interest. lent to defendant's wife for, and expended by her in, the purchase of necessaries during ber separa- tion from her husband. Judgment was given for the plaintiff, and defendant now applied for a
Mr. Robinson and Mr. Phillippo appeared on behalf of the appellant.
12000;
ment.
Mr. Robinson-Very well, my lord. I will do the best I can under the circumstances, and I must apologise if I have to take a longer time than I otherwise wou'd have done if there had been an adjournment,
The Acting Chief Justice--Take what time you think necessary, Mr. Robinson,
է,
Mr. Robinson then criticised at consider- able length the judgment in the case given by the Acting Chief Justice. Counsel submitted that the Judge had misdirected him- self in considering upon whom the onns lay; that he bad wrongly appreciated the facts in so far as they were brought before him. Counsel admitted that on some points the actual facts were inadequately presented to him, and that evidence which ought to have been ad- duced was not adduced,
The Acting Chief Justice-Whose fault was that?
Mr. Robinson-Our fault, my Lord.
The Acting Chief Justice-If in every case tried in the Summary Court an application was made of this kind on the ground that the counsel or solicitor or somebody had not brought for- ward his case in a satisfactory way, it might pay to bring forward a case imperfectly, hear the defence, and then bring the case over again.
Mr. Robinson-There are exceptions to all general rules, and in the present instance I seek for justice by asking that the case be heard de
novo.
All
Within the memory of persons stil! rasi-rehearing, dent in the Far East Japan was a country,
Continuing his criticism of the judgment although morally in advance of the China
counsel said it was disputed that the money of to-day, in which many barbarous customs Mr. Robinson said this was an ex parte ap was lent by plaintiff to defendant's wife; it was prevailed and the most utter ignorance of plication for leave to appeal or for a re-hearing. denied by appellant that the money was spent all foreign countries except China was uni The Court had full powers under section 45 of upon necessaries; and generally the appeal was versal. Torture was legally practised; street Ordinance 14 of 1873 to order the case, whether brought on the ground that the judgment murderers of the high-toned Samurai class were on a question of fact or discretion, to be tried de proce›ded upon the erroneous supposition that generally unpunished; converts to foreign re-
and he thought that course would re- the appellant admitted what be strenuously ligions were slaughtered with the sanction of the commend itself to the Court. Under section deined, and that the Judge had not weighed, anthorities, and woman, if not actually a slave, 41 this application had to be made within from the point of view of the husband, the was looked upon merely as a toy and never seven days, and the result of the practice | evidence which was brought before him. educated. When we reflect on this we cannot if it be the practice-was that only a very the matters which the Judge said were not but honour as heroes Motogi aud men like bim short time was allowed for consideration of the disputed, with the exception of the separation, who in spite of general opposition and persecu- circumstances of the case on which the appeal is were strongly disputed and were admitted only tion fought for the regeneration of their country asked. Therefore, under the present circum by the wife. It was said there was no agree and have produced a change for the better, instances, he asked for an adjournment on the ment between the parties. There was an agree. thoroughness and rapidity greater than the ground that he was not yet prepared to properly ment prior to the loan made in the case, and the world has ever seen before. The pam bring the facts before the Court.
wife agreed to accept a sum of $40 a month, and¦ ̈ phlet written by Mr. Shigeriis a mere The Acting Chief Justice-I am not prepared she took that amount. In regard to the separa- sketch, but we hope that he or some other of his to grant an adjournment, as this is a very imtion it was stated that the wife objected to her countrymen will write a full biography of Motogi portant matter.
busband keeping concubines, which was a ground Nagahisa, which we are sure would be most
absolutely invalid according to Chinese interesting to foreiguers as well as to Japanese.
custom. which governed the case. She beat In the meantime we recommend this little book The Acting Chief Justice-You are assisted her husband, but it did not appear in the to our readers, and, supposing that it may have by the barrister, who actually appeared and con- evidence that she severely wounded him, with a been partly meant as an advertisement, by which ducted the case in Court. He knows the whole staff in the presence of his assistants, thereby suggestion we do not at all imply anything dis facts of the case and there is no reason at all to disgracing him in their eyes, and he did not live honourable, we may take the opportunity of adjourn. The whole essence of summary pro with her after that day. Counsel again admitted also recommending the Tokyo Tsukiji Type-cedure is that there shall be cheap and speedy that the husband's case ought to have h en more foundry. We have used some of their Chinese justice, and this is a case in which there shall be clearly laid before the Court, and he submitted
ype in the printing office of this paper with cheap and speedy justice.
that the reason alleged by the wife was not the
Mr. Robinson said he came before the Court practically unarmed for an argument.
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