October 24, 1895.]
"2
|
THE OFFICIAL INVESTIGATION.
Foochow, 12th October. Nothing could be more unsatisfactory than the news up to the 9th instant from Kucheng. There is not one word about any further executions, and as to what is written about any progress, or prospect of progress, one can read between the lines, as plainly as if actually in words, a message from the Viceroy to the Taotai, The foreigners may stay at Kucheng just as long as they please, but they will get no further satisfaction from me." It is now a fortnight since the sudden collapse took place. Of course all this time the Consuls have been assured that the country is being scoured in the hope of making arrests, but none have been made or are now likely to be made, it would seem. Urged by the Consuls to renew their efforts, a hundred soldiers were sent as far as Nga-yong, nine miles distant from Kucheng city, where a body of troops is stationed, and on their arrival they told the people that they had only been sent there to deceive the Consuls and foreigners and did not mean to arrest anyone. On the afternoon of the 8th instant the Taotai called on the Con- suls and laid his proposals before the Commission for the further conduct
of the investigation. He stated' that he intended to offer rewards for the capture of all those who went to Whasang and that he would send proclamations to all the different Lieng Kak to this effect. This all referred to a future. Why was this not done directly it was seen that no more arrests were being made? For the simple reason that it was, ordered a fortnight ago. that no more arrests should be made. And now, as to their undertaking to offer rewards for arrests after the interval, and issue proclamations to the different Lieng Kak, is there any faith to be placed in them? Of course not. And then, over and above all these profferred undertakings, we understand that the Taotai mildy suggests that the foreign Commissioners should return to Foochow, and, as captures are made and the men' tried by the local officials; they should come up from time to time and try them jointly! Our news does not inform us of the reception of these overtures by the Com- mission perhaps it was thought unnecessary We only know, writing on Friday night, that H.B.M. Consul is expected in Foochow to- morrow morning. Echo.
DISASTROUS EXPLOSION ON
A CHINESE TROOPER..
FEW SURVIVORS.
[SPECIAL TELEGRAMS TO THE DAILY PRESS."]
SHANGHAI, 17th October,, 9.45 p.m. The China Merchants Company have received a telegram stating that an explosion has oc- curred on their steamer Kungpal and that the fore part of the vessel was blown out. Many persons were wounded.
No details have yet been received. [The Kungpai was probably engaged in carry- ing troops from the North. In the N. C. Daily News of the 9th inst. the following paragraph appeared:-The Chinese troops at Kaichow, to the number of 5,000, are being taken back to Tongku by the Kungpai.]
SHANGHAI, 18th October, 3.53 p.m. Further news with reference to the Kungpai states that the Third Engineer, some Chineso firemen and soldiers, and one foreign passenger were saved.
The steamer Irene has been despatched to Kinghow to render assistance.
CHINA OVERLAND TRADE REPORT.
Some good news comes from the Takashima Colliery, says the Nagasaki Observer.
The strata of coal which are being worked at present are 10, 8, and 5 feet thick, respectively. They have been found to extend for over 1,200 yards, where a slight "fault" is met with. On the other side of this the seams have been again found extending for an unknown distance. The Shimpo states that grave fears have recently been felt that the mine was becoming exhausted, but now congratulates the owners on the supply they have to draw on, which
says will last for "many tens of years to come.'
>
SUPREME COURT.
18th October.
CRIMINAL SESSIONS.
BEFORE SIR FIELDING CLARKE (CHIEF JUSTICE)..
DISCHARGED BY PROCLAMATION.
The Attorney-General (Hon. W. M. Good- man) said that a charge of attempted bribery had been committed by the Magistrate, but he did not feel justified, after carefully reading the evidence, in sending the case before the jury. He therefore asked that the prisoners, Sin Qua Sing, Chan Fung, and Yeung Kun, be discharged by proclamation. The applica tion was acceded to.
1
UNLAWFULLY WOUNDING.
Chung Hoi Mun. formerly interpreter on the Empress of Japan, was charged with unlawfully and maliciously wounding a prostitute named Wong Tsoi, in Stanley Street, on 26th Septem- her, with intent to do her grievous bodily harm. The Attorney-General (Hon. W. M. Good. man) prosecuted on behalf of the Crown.
The prisoner pleaded not guilty. He said, I was insensible."
The following gentlemen composed the jury -Messrs. E. F. Birchall, L. M. H. Ozorio, F. Lammert, E. J. da S. Loureiro, R. Aitken, C. P. Adamson, and A. F. Willson.
Mr. J. B. F. Lemm's name was called as a juror, but he did not attend.
His Lordship-Let a summons issue for Mr. Lemm, and the rest of the gentlemen in waiting can go.
During the hearing of the case his Lordship said a summons need not be issued, as a medical certificate, the delivery of which had been declared, had been handed in.
|
The Attorney-General explained the facts of the case, and said that on the night of the 10th September the prisoner visited the woman, and in the early part of the morning she was awakened by feeling a sharp cut on the neck. She saw the prisoner hacking her face with a razor; and on raising an alarm a watchman came in and took the razor from the accused, who had swallowed a quantity of opium. Several wounds were inflicted, the most serious one extending from the mouth to the jaw. If the razor had gone one inch lower down one of the main arteries would have been severed, and the result would probably have been fatal. The motive for the attack was doubtless to be found in the refusal of the woman to leave the brothel and live with the prisoner in accordance with his request.
Witnesses were then called who supported this statement.
Dr. Atkinson said that if the man had not received immediate medical attention he would probably have died. A large quantity of opium taken by a person would not have the immediate effect of lessening his mental faculties. The first symptom of opium poisoning was a feeling of exhilaration, the pulse at first.quickens, the primary stage of excitement is very short after a poisonous dose, and narcotism soon sets in.
The jury returned a unanimous verdict of guilty of anlawfully wounding without intent to do grievous bodily harin, and the prisoner was sent to gaol for three years with hard labour,
16th October.
IN ORIGINAL JURISDICTION.
BEFORE SIR FIELDING CLARKE (CHIEF JUSTICE).
303
His Lordship gave judgment in accordance with the terms consented to.
IN THE MATTER OF THE GÉEEN ISLAND CEMENT COMPANY, LIMITED. Mr. Francis, Q.C. (instracted by Mr. Ellis, of Mr. V. H. Deacon's office), petitioned for an order to confirm the reduction of the capital of the Company as consented to at extraordinary meetings of the shareholders. There was no objection raised, and his Lordship made the order asked for subject to a perusal of the articles of association.
15th October,
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (ACTING PUISNE JUDGE).
A CURIOUS POINT IN BANKRUPTCY LAW. Lo Sui Tang sued Chat Yat Shun for $700, plaintiff. Mr. Mounsey appeared for the plain. the value of a cargo of salt the property of the tiff and Mr. Gedge represented the defendant.
The plaintiff was giving his evidence when it transpired that a receiving order (absolute) had been made against the estate of the defendant.
His Lordship Then your man is practically non est, Mr. Gedge.
had
Mr. Gedge-Yes, my Lord; but if I not appeared here Mr. Mounsey would have put his client in the box, proved his claim, and got the salt.
His Lordship-Well, where is the Official he is the only person who can defend this action. Receiver? I want to see what he has to say, as
Mr. Mounsey-This is simply a question of ownership, my Lord. No order has been made for stay of these proceedings, and I submit that such an order cannot be made now.
Mr. Gedge-As a matter of fact a receiving order does stay all proceedings.
His Lordship-Well, that is what I want to know all about. The defendant is nobody: he is practically dead in the eye of the law.
Mr. Mounsey-Yes,. my Lord, that would be the case if we were suing the defendant for an
ordinary debt, and the Official Receiver would ant; but this is a question as to whom this pro- then be the proper authority to join as defend- perty belongs to.
His Lordship-If Mr. Seth, the Official Receiver, does not claim the property, I do not see how you can claim, Mr. Gedge.
taken out before the bankruptcy proceedings Mr. Mounsey-The summons in this case was commenced.
His Lordship-Surely you must agree with me that the whole of this property goes into the hands of the Official Receiver ?
Official Receiver. He attached and received Mr. Mounsey-We have a claim against the
of the plaintiff. this property and sold it without the authority!
tion; it is, not before me to-day. Mr. Gedge, His Lordship I am not going into that ques- I do not see how you can have anything to do with the case.
?
Mr. Gedge-I am representing Chat Yat Shun.
His Lordship But he is nobody now. Mr. Seth at this point came into Court. His Lordship-Mr. Seth, here is a case in which a plaintiff is claiming against a bankrupt. You are the Official Receiver; do you know any- thing about it? Mr. Gedge appears for the bankrupt and claims the property. You had better make an application for it. If you do not want it the plaintiff, will get it.
Mr. Seth-The salt has been sold.
His Lordship You have sold the salt under the proceedings. Who is the defendant? He is dead-dead in the eye of law.
Mr. Seth-I have got possession of the
TSO SIK.CHAN u. TSOI 'KWAI. Plaintiff claimed for the return of $1,000 in respect of a deposit on a sale of property and in-proceeds of the sale now. terest thereon. Mr. Francis, Q.C., appeared for the plaintiff, and Mr. Sharp for the defendant.
Mr. Francis said that unsel for the defence was prepared to consent for judgment for $1,161.50 and costs.
• His Lordship pointed out that a special agree ment which had been filed differed from this arrangement.
Mr.. Francis said the parties withdrew the agreement.
His Lordship-You had better settle the matter between you. It is perfectly clear that Mr. Gedge is appearing for nobody.
Mr. Gedge If Mr. Mounsey proves his. claim, the salt is not in the hands of my client, but in the hands of the Official Receiver.
His Lordship-That is for Mr. Mounsey to consider.
Mr. Gedge-I think Mr. Seth had better.
etter allow me to appear for him.
2
No comments yet.
Private notes are available after approval.