464
His Lordship said that was the sixth day of the hearing and he thought the case had been drawn out somewhat.
14th December.
Mr. Pollock proceeded with his argument that it would have been wrong if the defendant had pleaded anything in regard to a portion of lot 1,381, because that would have opened one of the specific defences, which was that the plain- tiffs misconceived entirely the remedy to which they were entitled and therefore the action onght to be dismissed on that ground.
Mr. Francis objected to his friend entering into that line of argument. However justified he was in framing his answer as he had framed it, and however correct he might be in his contention tirat the plaintiffs' case was entirely misconceived, it was quite irrelevant to the question now before his Lord- ship-that the plaintiffs were entitled to call rebutting evidence. If the counsel for the defence felt so strongly on the point he was arguing his duty was to have moved for the dismissal of the suit and shown that the plain tiffs' case proved no declaration of trust. Plaintiffs were simply suing on the ground that Mr. Belilios had declared himself a trustee of certain property for the Jewish community, and to support their case counsel had put in the whole of the documentary evidence upon which they relied. If that evidence did not support their case that there was a declaration of trust the defendant's counsel should have moved for the dismissal of the action. But
whether he was right or wrong, it did not affect the question of the right of reply. The question was whether the plaintiffs had been taken by surprise and whether the issue defendant's counsel had raised was an issue the proof of which was or was not on him.
Mr. Pollock, in reply, said his answer was very plain and simple. He submitted he was entitled to bring out the whole of the surround- ing circumstances in order to show the precise position of the parties. It would have been absurd and premature for him to argue the point as to whether Mr. Belilios had declared himself a trustee before the evidence was com- plete.
His Lordship decided that Mr. Pollock was entitled to show that the pleadings were
correct.
A long argument on both sides was then heard, and in the end his Lordship, said he would allow plaintiffs to give evidence in rebuttal.
The Court then adjourned.
THE PROTECTION OF CHINESE
BRITISH SUBJECTS.
PROTEST BY THE STRAITS GOVERNOR.
THE HONGKONG WEEKLY PRESS AND
[SPECIAL TELEGRAM TO THE DAILY PRESS."
Singapore, 7th December. The Governor of the Straits Settlements wired to-day to the Minister protesting against the latter's decision in refusing protection of the Straits born Chinaman incarcerated in a native prison in China while travelling with a Straits passport. The Governor asks for the Chinaman's release.
|
EVACUATION OF KIAOCHAU. [SPECIAL TELEGRAM TO THE "DAILY PRESS."
Shanghai, 10th December, Germany is evacuating Kiaochan and is to receive a coaling station in Fokien.
F
EVACUATION CONTRADICTED,
[REUTER.]
The statement of the Times re the evacuation of Kiaochau and the occupation of Samsah is positively denied at Berlin.
Renter's Agency at Peking wires that China has yielded practically on all points and that the Germans refused to leave Kiaochau.
A proclamation in Chinese issued by the German Admiral has been handed to us (N. C. Daily News), a translation of which we give below:-
"Von Diederichs, Commander-in-chief of the Imperial German Eastern Fleet, hereby issues the following proclamation:-
"Be it knowu to all concerned that I have
come in obedience to the commands of
my
sovereign, H. 1. M. the German Emperor, who has instructed me to land at Kiaochau Bay at the head of my forer, and seize the said Bay
and all the islands and dependencies thereof. Having performed this duty it now behoves me to mark out the boundaries of the region held by me which are as follows:-
(1) From a straight line drawn from the seashore to the eastern hill to a spot distant, at high water mark, 18 li from Kiaochou.
+
(2) From thence a straight line drawn northwards to the Likin station at Ta-poteng: thence back of this to the meeting of the waters of the Kiaochou river and the Taku river. Note: Translator).
•
Tuku means Great Ancient
*(3) From thence eastwards to the seashore as far as an imaginary line cutting Laoshau Bay in the middle.
+
(4) The eastern line commences from a nor- therly point to the midway point of Laoshan Bay, thence southwards as far as the shores of the island of Kuanti Miao, Tsalien island, etc.
Note The colloquial term for Laoshan Bay is Laowan or Lao Bay which is also used in this proclamation-Translator.
(5) The southero line is drawn from Tsalien island to the southern point of Tiloshau island. "(6) From the north it is drawn to t seashore on the western side where the two places meet.
"The above noted places and the area com- prised within are to be held by the German forces, until the case of the murder of our Ger- man_missionaries in Shantung be settled.
In consideration of the above, therefore, I find it necessary to exhort you all, viz.: the inhabitants of Tsingtao island and dependencies thereof, to peaceably continue your several avocations and avoid listening to the words of the disreputable and rowdy classes to create disturbances. As a matter of fact Germany and China have always been friendly and at peace, and formerly when China was at war with Japan, Germany used her utmost efforts to rescue China
ship as a neighbouring Power. We are now from her dilemma. This was to prove our friend. here not as enemies of China, hence you need not hesitate and entertain suspicions about us. Moreover, it will be the duty of the Ger- man officers to protect the law-abiding inbabit- ants of this place in order to preserve the peace. But if there be any discontented characters who shall endeavour to create disturbances, they THE GERMANS AT KIAOCHAU. shall surely be dealt with according to Chinese laws to the extreme extent (i.c., beheaded-Tran- slator). Further, if any German subjects here be killed the murderers will be dealt with accord- ing to German military law, (i.e., shot-Tran- slator). Hence I consider it my duty to ear- nestly exhort all to abstain from breaking the peace, and avoid resisting whatever the German authorities shall decide to do here. You should calculate the exigencies of the case, and you will| see that you are too weak to resist. Not only will you find it to of no advantage to you, but you will find' that you will have invited destruc- tion upon yourselves.
ATTACK ON THE VILLAGE BY CHINESE. [SPECIAL TELEGRAM TO THE "DAILY PRESS."]
Shanghai, 7th December, 1897. A number of disbanded Chinese soldiers at- tacked the village of Kiaochan. The Germans dispersed them and three Chinese were killed and some wounded.
GERMANY'S TERMS ACCEPTED.
́ | SPECIAL TELEGRAM TO THE DAILY PRESS."]
SHANGHAI, 8th December. To secure the evacuation of Kiaochan China accepts Germany's terms. The special privi- leges to be accorded to Germany in Shantung will follow the precedent laid down in the fifth article of the Gerard Convention.
Furthermore, be it known that where Ger- man troops shall be encamped, Chinese officials will still be permitted to go on with their usual duties. But if in the future these Chi- nese officials should receive orders from their superiors which they should find beyond their
[December 16, 1897.
powers, they should communicate the circum. stances to the German Governor, General Chu (?) or to Brigadier General T'sai (?). As for the buying or selling of land hereafter, per- mission should first be obtained from the Governor to become legal. Let all obey. An important Proclamation."
14th day of November, 1897, (Imperial Ger. man Reckoning). 21st day, 11th moon, 23rd year of Kuang Hsü~(Chinese Reckoning)
[L. S.]
Shanghai, 8th December. The Loongmoon arrived here from Kiaochan Bay yesterday, and she reported all quiet there. On the 3rd instant the Germans took possession. of Kiaochau city. On the first summons to open the city gates the garrison declined to do so, but a volley fired in the air induced them to change their minds, and the German force entered the city and took peaceable possession. General Chang Kao-yuan was at first confined in one of the yamens at Tsingtao, but on account of some native soldiers having been seen prowl- ing around at night and making signals to him, he was removed on board the flagship. The day Chang was released with the honours due to his before the Loongmoon left, however, General
rauk. Many of the people who left Tsingtao when the Germans first took possession have returned and are row employed by the latter in building and fitting up winter quarters for the troops. Yesterday wild rumours were floating about the Settlement that the Germans had. had a conflict with Chinese troops, but the explanation is that some disbanded Chinese soldiers were found attacking a village with intention to plunder, and fire-arms had to be used to disperse them, some three or four being killed. The Swatow leaves here to-day with supplies for the German fleet.
canise
A native who has recently returned overland from Kiaochou reports that the
of General Chang Kao-yuan's retention by the Germans was owing to his refusal to issue a
joint proclamation with the German Admiral calling upon the people of Kiaochou not to oppose the invaders. After being detained several days on board the German flagship, the Chinese General was released, an escort of German sailors accompanying him for about two miles beyond the sea shore of the Bay. The four soldiers who were detained with their
General report that they were not badly treated but that their General was treated very harshly at first, and was shut up in a dark cabin. When, however, the Germans found that they could do nothing they allowed General Chang to go. Our informant also states that General Chang telegraphed to Peking, as soon as he was compelled to retreat from the Tsing- tao fort asking for permission to oppose the Germans, but peremptory orders came telling him to do nothing to precipitate war with the Germans. Governor Li Ping-hêng, who knew < nothing of these orders, telegraphed to the ardice and asking leave to execute him as an ex- Throne denouncing General Chang for cow-
ample to the rest of the army. General Chang, however, is a brave and capable officer, much beloved by his troops and the people of Kiac. chou and Têngehou. He and his brigade, the Sungwu, fought well and bravely during the war in Liaotung against the Japanese. With reference to General Chang Kao-yuan, it will be remembered that our Newchwang correspon- dent spoke very highly of him and his troops during the late war and that his were the only troops who did not desert the colours. General Chang had quite a record for capability and courage during the reconquest of Chinese Turkestan from Yakub Beg of Kashgar, in the middle of the seventies. As a matter of fact General Chang may be said to be one of the very few Generals China has at present who may be relied on.-N. C. Daily News,
DEGRADATION OF THE GOVERNOR
OF SHANTUNG.
A telegram has been received by the Canton officials from Peking to the effect that Li Ping. Hing, Governor of Shantung, who was lately informed of his promotion to be Viceroy of Szechuen, has been degraded.
H.E. Ya Luk, Tartar General in Fukien province, has been appointed to take Li Ping Hing's place as Viceroy in Szechuen,
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