306
THE HONGKONG WEEKLY PRESS AND
Tai, and Cheung King Sing had the effect of discharging the surety by depriving Cheung Kai of a remedy to which he was entitled pre- viously to the agreement; that time was given to the compradore; and that the compradore was discharged from liability by a substituted security. Counsel then cited cases in support of his arguments.
*
Mr. Francis replied at great length and con- tended that the plaintiffs had established their case. The point was in what sum was the com- pradore indebted to the Bank. Judgment was reserved.
19th October.
CRIMINAL SESSIONS.
BEFORE HIS Honour De. Carrington (CHIEF JUSTICE.)
THE CAUSEWAY BAY MURDER.
On the application of the Hon. H. E. Pollock (Acting Attorney-General) his Lordship fixed Friday for the trial of the men charged with the murder of two mafoos at Causeway Bay.
DISCHARGED.
Leung Put, coxswain of the steam launch Tweed, was charged with the manslaughter of Tso Cho I, a sampán woman. The Acting At- torney General prosecuted and Mr. J. J. Francis, Q.C. (instructed by Mr. Hastings, of Mr. Deacon's Office), defended.
The following jury tried the case-Messrs. A. A. dos Remedios, J. Rankin, E. J. Hagan, W. G. Humphreys, G. L. Tomlin, A. Anderson, and G. L. Remedios.
The Acting Attorney-General said that on the evening of the 4th inst., about seven o'clock, the deceased and her two sisters were rowing in a sampan from Causeway Bay in the direction of Hunghom. The accused was coxswain of the Tweed, which was sighted by the women. At that time it appeared to be at a sufficient distance from the shore to go outside the sam. pan, which could then pass under the stern of the Tweed. Soon afterwards, however, it seemed to the women that the launch suddenly turned in the direction of the China Sugar Refinery and then the launch struck the sampan on the star- board side. The boat capsized, the result being that the deceased was drowned. The question the jury had to decide was whether the prisoner had been guilty of such negligence as to cause the death of the woman. The prosecution con- tended that he ought to have stopped the engines of the launch sooner than he did, and that if he bad starboarded his helm instead of porting it he would have gone clear of the sampan.
Before evidence was given Mr. Francis said he was entitled, judging by what had been done in England; to ask his Lordship's opinion at the moment as to whether, on the opening statement of the learned Attorney-General, any case could be established for the Crown-any case that could be left to the jury, assuming that the counsel proved completely the different allegations he had made with reference to the prisoner. The Acting Attorney-General had charged the prisoner with negligence. He was not charged with any positive act-of misconduct, but neglect or omission of some duty. He (counsel) thought his Lordship would find in two cases reported in Carrington and Payne that at least culpable negligence must be charged. In the first place the prisoner was alleged not to have stopped the engines soon enough. What was that but an error of judgment?
His Lordship here interupted Mr. Francis and said that without expressing any opinion on the strength of the case for the Crown he thought the jury should hear the case.
Evidence was then given and at the con- olusion Mr. Francis submitted there was no case to go to the jury.
His Lordship directed the jury to return a verdict of not guilty, and, this was accordingly
and the prisoner discharged.
20th October.
DISCHARGED.
|
Chan Kam, a woman, was charged with pur- chasing a girl for the purpose of prostitution and also with taking part in the disposal of the girl'
for the same purpose. Hon. H. E. Pollock (in- | from the Pigmy went ov structed by Mr. Johnson, Crown Solicitor) pro-it. This the Spanish secuted and Mr. C. A. D. Melbourne (instructed thing, for in Spanish
to appear that they cannot by Mr. Reece) defended.
that may for the time be in
The jury were-Messrs. A. Bevington, M. de | Silva Guimares, K. Raeburn, J. W. Stewart, E. F. Bateman, C. E. T. da Silva, and E. 8. Kelly.
For the defence Mr. Melbourne did not deny the purchase of the girl, but contended that the object was that she should be a concubine to a Chinaman in Penang.
The jury found a unanimous verdict of not guilty and the prisoner was discharged.
THE REBELLI‹ N. IN THE PHILIPPINES.
[SPECIAL CORRESPONDENCE.]
MANILA, 6th October. Quarantine has been abolished, as you are no doubt aware, and the shipping people are con- sequently elated.
Bina-
October 22, 18
MANILA, 13th Octo The third batch of troops arrived. over 1,200 in number, and a swarthy looking fellows they are
the
little
This places altogether over 3,000 the Philippines ready for the field, whi to the native troops, who so far have w exceptions been loyal to the Spaniards, give a sufficient number to extermin poorly armed rebels now holding forth in Cavite. We say it should be a sufficient number but it seems to be the opinion that the rebels will still flourish and be able to defend themselves. against any serious blow for some little time yet, at least until the rest of the 8,000 troops who are expected have arrived and are in he field.
lay The Spanish also show an inclination aside and not take any chances of defeat Affairs in the country still remain in a state of the other troops arrive, when with a large force disturbance similar to the condition a week ago.
their success would, at least in their eyes, Last Friday the Spanish Transatlantic Com- pany's steamer Cataluna arrived with 937 of appear to be certain. From what we saw
the soldiers, it would seem that considerable the 1,500 troops expected and to-day the Mont-time could be wisely spent in equipping the serrat, belonging to the same Company, arrived with probably the same number aboard, for the troops; for work in the field cannot be success- fully carried on when the outfit of a soldier is number stated to have been sent is also 1,500. limited to a gun and cartridge case. The The streets in consequence have been decorated Commissariat Department seems to be limited with arches and floral displays, while the build-
to an officer in gorgeous uniform and two ings are draped with the national colours, red Indians with a couple of old iron pots. Meanwhile the firing can be The Medical Department, a doctor with a and yellow. plainly heard, as the gunboats and fort keep medicine chest. No doubt they are, pounding away at the rebels of the Cavite pro-
better off than that, although that is exactly vince, who hover dangerously near the vil the outfit, as far as could be seen, of a body of.
Yesterday morning a lage of Old Cavite.
troops who were embarking för Cavite. It is, severe engagement took place near
however, certain that they are extremely weak cayan, where the Government powder maga in organization.. zine is established, and the Spanish forces thought it prudent to withdraw and wait for Fortifications have been reinforcements. erected by both rebels and Spaniards and as yet the latter have acted only on the defensive. At present out of the 22 villages in the With the province the rebels hold 19. Spanish reinforcements arriving the Govern- ment will soon no doubt be able to put a force into the field sufficient to drive the badly armed troops into the hills. But what then? Will the Spanish be able to pursue and subdue them completely. Opinions do not vary on that point. It is almost an impossibility unless the Spanish can put ten men in the field where The mother country can- they have one now. not do this until the Cuban difficulty is settled. The native troops have been loyal to the Spanish from the first and it is, to say the least, most creditable. Throughout the difficulties they have not yet swerved from the path of duty. And this, one must remember, at a period when the power was in their own hands, and they could have put a bullet through the heart of every Spaniard in Manila if they so desired. Will the Government recognize this loyalty ? They should. One cannot view the profuse displays, the expense incurred in decorating and banqueting the arriving Spanish troops, but wish that the money so spent, or that a similar sum, be afforded to give to these poor weary natives whom one sees marching backward and forward in the heated streets, a testimonial of the appreciation that the citizens have for their loyalty.
Arrests continue, and it is said that over two thousand prisoners are now confined, packed in ill ventilated dungeons to an extent that if not proving fatal to great numbers causes great. suffering. But the fearful incident of the "black hole of Manila," when 57 suspects were smothered to death, will probably not be again, repeated, for the Governor-General, who is generally known to be a man of sterling qualities, was greatly enraged over the affair, which the guards in attendance swear was an unavoidable accident, and has given such orders that the soldiers are aware it would be greatly to their disadvantage to allow any more such "unavoidable accidents."
H.M.S. Pigmy is here and it is reported that the officers have had a slight controversy with the Spanish Naval authorities as to what the duties of a foreign warship in a similiar posi- tion may be. A mutiny broke out aboard a Nova Scotia ship yesterday morning and a squad
Some disloyalty has been shown by some of the Indian marines on shore duty, who fired upon some Spanish troops, while it is also re- ported that the native troops at Mindanao have revolted, seizing the forts and gunboats on the lake, and that they are in fact in full possession. I will have more to say of this in my next letter.
The Spanish troops have been firing at each other, as a result of a blunder in manoeuvring, and a considerable loss has been reported.
Governor-General Blanco is no doubt trying to conduct the campaign in the way it should be, and to him alone is credit due for the very little killing that has taken place in and about Manila. It is unfortunate, however, that the
officers who have the execution of his orders in hand are not of the same spirit. I have heard nothing but good said of the Governor-General from every side, except from Spanish themselves, A big Frenchman, the Isly, arrived in harbour. who evidently consider him too lenient. last night.
ere:
In closing, let me say the report that affairs are quieting down and the rebellion is about over is altogether false. The rebels are in better position to-day than they ever and it has been only during the last few days that a large estate not a dozen miles fro Manila was seized and the rebels occupied undisturbed. The city of Manila itself, howe ever, is undoubtedly safe.
JAMES W. DAVIDSON.
THE CONDITION OF AFFAIRS IN THE PHILIPPINI S.
[SPECIAL CORR
In writing on this much as possible po view. I do not wish to fav or the natives, but to give I have been dependent the truth of which I have end
personal observation firm by perso while in Manila we espionage that it wa ness personally any I write. In fact
when wa tion,
NOE
nsanı msh
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