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September 4, 1895.]
following day tell you to get settled and come back to the office that afternoon ?
Witness-I certainly do not remember that. Mr. Gedge-Did he not say that if you did not get settled that afternoon you must cer- tainly go to the office on the following morning. Witness-I am certain he did not say that. Mr. Gedge-Didn't you tell Mr. Jesumann to tell Mr. Sachse that you intended to have a pionic that day-Friday ?
Witness-I do not think I said so; I had never been to a pionie.
His Lordship You must know whether you
said it or not.
Witness-I really cannot remember. I did not think these things were coming before the Court and to be put in the scales of justice. I did not think there was a case pending.
After the interval Mr. Gedge asked witness how much drink he had on the night of the 1st August.
Witness-I cannot tell; it all depends how you feel.
Mr. Holmes-I think that is an irrelevant question; it is simply put to annoy the witness. Mr. Gedge-Perhaps Mr. Holmes will pro- duce an authority on How to cross-examine a witness."
66
Mr. Holmes-I think that is very objection- able, Mr. Gedge.
Witness-I did not have a dozen whiskies or a dozen bottles of beer; nor half-a-dozen. Mr. Jesumann did not tell me that Mr. Sachse was astonished that I had not taken up my position and was angry and grumbling. I did not tell Jesumann that I refused to go to the office on the Friday and would go on the following day, I have spoken to Mr. Tarrabachia about this. action. On the day the Pruessen left Hong- kong I did not say that I would go out with the vessel and return with the pilot in time for the office the following morning. I did not return with the pilot, but I might have returned from the docks in a sampan or a 'ricksha.
Mr. Gedge-Can you explain your conduct in not coming to the office on Saturday after receiving the letter on Friday.
Witness-The letter was not a direct request. Mr. Gedge-You saw Mr. Jesumann, you knew Mr. Sachse was in Canton, and yet you did not go to the office. What is your reason? Witness-I asked Mr. Jesumann to excuse me, and he said it would be all right. I had private matters to attend to.
Mr. Gedge What were the private matters? Witness-I shall not say what my private matters are. I am not a criminal and I have nothing to tell you about any private affairs.
Mr. Gedge-And you thought your private affairs would over-ride that letter and your going to the office on Saturday P
Witness-I excused myself with Mr. Jesu- mann and on the strength of that excuse. I did not go.
CHINA OVERLAND TRADE REPORT.
Witness Well, I will tell you; he saw me. My eyes were better then.
Mr. Gedge-Did not Dr. Gerlach tell you that you had no fever, that you were all right and able to do your work ?
Witness-The doctor said there would be, in his opinion, nothing in the way of my going to work. He might be able to say that of a man whom he had seen before but not of a stranger. Mr. Gedge-Did you complain of fever, want of appetite, want of sleep and trembling
of hands?
Witness-I might have said more. Mr. Gedge-Did not the doctor say you had evidently been drinking.
Witness-The doctor said he had heard that
during the last night I had been having a glass of beer here and there, and this was the reason why the doctor was prejudiced.
Mr. Gedge And you suggest that he did not make up his mind from what he saw but from what he had heard ?
Witness-I think the doctor made up his mind upon hearsay evidence; the doctor heard about this and he must have been prejudiced. at the German Club have I had such a quantity Re-examined-At no time when I have been
of beer as would make me unsteady in my walk.
Mr. Gedge-Was it German boer ? Witness-Carlowitz & Cofs, beer. (Loud
laughter.)
Mr. Holmes-Is it very strong beer? Witness-Very mild,
Mr. Holmes-How many Bottles drink without rolling over.
you
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181
of kindness and charity, a first class passage to Bombay on board an Austrian Lloyd steamer and a second class passage from Bombay to Trieste. They would also hand him 100 marks and pay his incidental expenses in Hongkong, in addition to $50 for expenses on board the steamer; and, further, that the sum of $50 which was obtained from the compradore should not be accounted against the plaintiff, although of course the defendants admitted no liability in this respect. Therefore judgment would be entered for the defendants by consent, and he thought this arrangement was a much better way of settling the matter.
Mr. Holmes-You make no order as to costs ?
His Lordship No.
EARTHQUAKES AT HONGKONG AND SWATOW;
A slight earthquake occurred on Friday after- noon shortly after five o'clock. A corres- pondent writes:-We felt the first shook at at 5.50.15., but this one lasted only four seconds. 5.43.30, it lasting about 15 seconds, the second
We hardly believed it to be an earthquake un- til the chairs on which we were seated rocked to and fro, while doors and glasses rattled, and all the bells in the house rang. A small copper kettle on a gas-stand was jerked backwards and forwards, so strong was the oscillation.
On Friday night at about ten minutes to six a severe shock of earthquake was felt in
The interpreter-Do you mean dropping off Swatow. It had been excessively hot all day his chair?
Mr. Holmes-Yes.
Witness-I must have a try first. His Lordship-The man might have been drunk every day; you have got to show why he did not
the go to Whether he was drunk has nothing to do office.
with the case. He has got to show why he did not go to the office.
and many of the Europeans had complained of a dull oppressive feeling in the air. Just before the shock rain fell heavily. Some idea of its severity may be gathered from the fact that the ships in the harbour were shaken from agitated that the colour of the water was truck to keelson and the mud in the river so
changed completely in a few seconds. During the passage from Amoy of the Thales the confused Mr. Holmes-I quite appreciate what your appearance of the sea outside the port was Lordship has said, but there have been so observed and commented upon. From the time many insinuations against my client's character this shock was felt until 3.15 a.m. on Saturday, that they might, if not cleared up, affect your a continuation of minor shocks were felt, Lordship's opinion. My case is that de-although none attained the severity of the first. fendant's absence was excused and that he had not been guilty of gross disobedience of orders such as to justify the defendants in dismissing him,
His Lordship-Suppose it was proved that his conduct was not good; that might be the reason why he did not go to the office. He ought to have gone to the office, as he was over here, and it is perfectly clear he went to the German Club. Why did he not go to the office ? You have the second defence in the clause about
six months' notice..
!
Mr. Holmes-It is no breach to be absent on a general holiday.
His Lordship-You have to prove it was a general holiday.
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HONGKONG SANITARY BOARD.
A meeting of the Sanitary Board was held on Thursday afternoon, Hon. F. A. Cooper (Director of Public Works) presiding, the other members present being Dr. J. A. Lowson (Acting Colonial Surgeon), Surgeon-Major Westcott (Health Officer), Capt. W. C. H. Hastings (Acting Captain Superintendent of Police), Mr. N. J. Ede, and Mr. Hugh Mc- Callum (Secretary).
MINUTES.
The minutes of the previous meeting were read and confirmed.
CHOLERA AT PAKHOI.
Mr. HolmesThat is only on one occasion; an absence of four days has been held not to be The British Consul at Pakhoi, in a letter to sufficient to justify dismissal. There is a clause the Colonial Secretary dated the 17th August, in the agreement that if the firm is not reported an outbreak of cholera in Pakhoi. It satisfied with his conduct they shall have the was impossible to say when it first appeared, privilege of giving six months notice.
some accounts saying twenty days and some His Lordship-In common law it is recog-five or six days previously, and up to the time nised that a master has the privilege, outside the contract, to dismiss a servant for gross misconduct or disobedience.
Witness, proceeding--I got the eye lotion and the first letter from Carlowitz at the same time. The next day I saw Dr. Gerlach. I` did not tell him that I had not been to Hong. kong and had been in Kowloon with friends restoring myself; to say so is a direct lie. I had a conversation with Dr. Gerlach who said, "It might be fever caused by the sudden change of climate. You have been enjoying yourself a bit I did not deny that; but my illness was really due to climatic influence be- cause I have suffered with my eyes since I
Witness further re-examined, said When I came here, and they have pained me very much.
arrived in Hongkong was under the impres- I did not go to the office when I went to Hong-sion that Monday was the day I had to put in kong at five o'clock in the afternoon as I did an appearance in office. not think Mr. Sachse would be there. The This concluded the witness's examination, and least thing I expected when I reported myself his Lordship, in adjourning put the case in ill was that Carlowitz wou!l send a doctor-not Friday's list. He said that it would not be taken for the fever, because I could cure myself, but that day, but Monday or Tuesday would be fixed
for the resumed hearing. for my eyes.
Mr. Gedge Did you not know that when you were away the doctor came ?
Witness-I was told the doctor came a quar- ter of an hour after I left.
Mr. Gedge-Did not Mr. Jesumann tell you the doctor was coming?
Witness-That was on the following day. Mr. Gedge On Wednesday Dr. Gerlach saw you ?
Witness-That was after my dismissal and I refuse to tell you.
His Lordship--Don't be silly.
2nd September.
the letter was despatched twenty odd deaths were said to have occurred. The Medical Officer at the Missionary Hospital informed the Consul that the outbreak did not seem serious and that it was apparently on the decrease.
It was decided that the Health Officer of the Port should be instructed to carefully watch all ships.
THE IMPORTATION OF DEAD MEAT.
The following letter was addressed to the Colonial Secretary by the Acting Health Officer, and had been circulated among the members of the Board for consideration
*
Sir, I have the honour to report on the importation of meat into the colony, the condi- On the case being called his Lordship men-
tions of which are unsatisfactory. It appears tioned that the parties had, he was happy to say,
from reports by Colonial Veterinary Surgeon: come to an arrangement and had consented to (3rd August, 1894, 21st August, 1894 10th save further expense and annoyance by with- September, 1894) that a considerable amount of drawing from further litigation. The de-
meat is imported into the colony which finds its fendants had stated that they were willing-way into the markets, where it is exposed for When we although of course they admitted no liability sale without previous inspection. whatever, and he (his Lordship) did not wish to consider the care which is taken in the inspec prejudge the case-to give the plaintiff, out tion of live cattle previous to slaughter, and the
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