March 12, 1898.]
Bolicitor accepting service, said the appellant had not complied with the requirements of the statute. His Lordship would see the position in which the appellant was pat.
The Chief Justice-You should not have Berved notice on the Crown Solicitor unless he was representing the respondent. You should have complied with the requirements of section 105 by serving the respondent or his solicitor. The Crown Solicitor has nothing to do with it.
Mr. Slade-Surely, my Lord, if I take an action against A.B. and serve the summons on C.D. and C.D. accepts service, that is good service.
The
Attorney-General-There
acceptance of service at all.
was до
The Chief Justice-He had not represented the respondent at the Police Court?
Mr. Slade-No.
The Chief Justice-He had nothing to do with these proceedings.
Mr. Slade-He is the Public Prosecutor. The Chief Justice-This is essentially a private prosecution.
Mr. Slade I do not wish to use hard words, but it seems to me a bit of
The Chief Justice-I think the best course will be to give you leave to serve notice on the respondent.
Mr. Slade-It is exceedingly hard for this motion to be postponed.
The Chief Justice-You cannot go on unless the law is complied with. The law says that the notice of motion must be served on the respondent. You have not done that.
The Attorney-General said that until he came into court he did not know that the notice had not been served on the respondent. There were several of these appeals, and he did not know whether he should appear or not.
The Chief Justice-The best course would have been for the Crown Solicitor to write to the appellant's solicitor saying he had nothing to do with the case. Mr. Slade, we are in this position. We must either dismiss your motion on the ground that you have not complied with the law or we will give you leave to serve the notice of motion on the respondent.
Mr. Slade I ask leave to serve the notice, and I also apply for substituted service.
The Puisne Judge-On what ground do you ask for substituted service? Is the man away? Mr. Slade-I believe so, my Lord. He de- serted his ship and cannot be found.
The Attorney-General said he believed the Magistrate remanded the man.
The Chief Justice directed that an applica- tion he made in Chambers for substituted service. Mr. Slade said the ship was going away shortly and he asked that an early date be fixed. The Chief Justice said that he would make as early a date as possible when the question of service had been settled.
The Attorney-General said he was anxions there should be no injustice done, and if his Lordship thought justice would be best served by his appearing for the respondent he would rather do so than cause delay.
His Lordship said that under the circumstan- ces he did not see how the Court could allow the Attorney-General to appear for the re- spondent, as he had nothing to do with the case If Mr. Slade brought an application to him in Chambers on Monday an early date for the hearing would be fixed.
7th March.
on
Leave to serve the notice of motion the respondent having been granted the respondent, who had been arrested for deserting his ship, was now present in court in the custody of a prison warder.
Mr. Slade detailed the evidence for the res- pondent given before the Magistrate and sub- mitted that it betrayed gross exaggeration. His evidence was that he was eating his meal outside the forecastle when the appellant went to him, accused him of having been asleep, and then knocked him down and brutally kicked him about the body. He was struck in his let eye and mouth and kicked in his stomach, the result being that his eye was discoloured, a tooth was knocked out, his lips were split, and his body was swollen. Counsel admitted that if all this was true it was a most serious assault, but he submitted that although an assault had been committed it was not of such a violent character
CHINA OVERLAND TRADE REPORT.
as the respondent had made out. The captain swore before the Magistrate that he saw no mark on the respondent's face on the following day, and therefore the injuries could not have been very great. It might be said that the captain was a prejudiced witness, but a violent mate, who was brutal to the crew, would be a most undesirable man to have on board, and that fact would discount the obvious comment that the captain was in favour of his own officer. Counsel asked their Lordships, even if they believed the whole of the respondent's story, to reduce the heavy penalty of six weeks' im- prisonment.
Their Lordships considered that the evidence for the respondent was reliable and that the sentence was a just one. The motion was there- fore dismissed with costs, if any.
THE SITUATION
ALARMING REPORTS.
Rumours were in circulation on 9th Mar.-ap- parently possessing some foundation though we have been unable to obtain direct official con- firmation of them to the effect that Russia had hoisted her flag at Port Arthur and Talien- and that Japan had sent an ultimatum to Russia demanding her withdrawal from those ports.
wall,
There has been a fall in consols on the London market, the quotations during the last month being as follows:-Feb. 12, 113+; Feb. 19, 1121; Feb. 26, 112; Mar. 5, 112; Mar. 8, 111. That the Russian flag has been hoisted at Port Arthur and Talienwan is very probable, but that Japan has presented an ultimatum is more doubtful, though no doubt there will be considerable excitement upon the subject in that country. The latest official statement as to the intentions of Russia was contained in a Reuter's telegram dated 25th February, which was as follows:-" Mr. Curzon read a note from Count Muravieff in the House of Com- mons declaring that any port Russia occupies in China will be open to ships for the commerce of the world." A later telegram, dated 3rd March, stated, on the authority of the Standard, that the Government is negotiating with Russia and Germany with a view to embodiment in a formal diplomatic document in the character of an international agreement of their assurances regarding China." From this it would appear that England did not intend to oppose the acquisition of a port or ports by Russia, provided Russia would give an undertaking that the port or ports so acquired should be thrown open to the trade of the world.
(SPECIAL TELEGRAM TO THE "DAILY PRESS.]
Shanghai, 9th March.
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189
AFFAIRS IN THE PHILIPPINES.
COMMUNICATION WITH MANILA CUT OFF.
For some days past there have been alarming reports in circulation with reference to the position of affairs in Luzon. On the 8th inst. we published a paragraph stating that it was reported that another rebellion had commenced in the Philippines and that an encounter with Spanish troops had taken place. On the pre- vious day the cable companies bad issued a notification stating that the Spanish Govern- ment land lines beyond Bolinao had been interrupted since Sunday night, 6th inst., and that telegrams were being forwarded to Bolinao to await restoration of the land lines. On Thursday another notification was issued stating that owing to the continued interruption of the Spanish Government's land line between Bolinao and Manila, and the inter- ruption of all postal communication between those places, telegrams for the Philippines are being despatched from Hongkong, Amoy, &c. by steamer. From this it is to be inferred that the rebels are in possession of the country between Bolinao and Manila. In the late rebellion this district was so little affected that telegraphic and postal communication was maintained throughout the whole period of the disturbances.
It is reported that in the encounter between the Spanish troops and the rebels reported in our issue of the 8th the Spanish lost upwards of fifty men.
On Thursday afternoon H.M.S. Edgar was hurriedly prepared for sea, and she left for Manila gesterday.
There was also a rumour than an American warship was under orders to leave for Manila this morning, but we hear/that no such orders have as yet been given.
PRINCE HENRY OF PRUSSIA.
ARRIVAL IN HONGKONG. The battleship Deutschland, with Prince Henry of Prussia on board, and the cruiser Gefion arrived here on Tuesday morning, both vessels steaming into the harbour in company shortly after seven o'clock. The squadron was observed passing Gap Rock at eleven o'clock on Monday night, and they anchored outside the island until after daybreak. They made fast to their buoys about half past seven and at eight o'clock the usual salutes were exchanged.
At 11.30 a.m. His Royal Highness landed st Murray Pier as an Admiral of the German fleet after having paid a visit to Commodore Holland, A.D.C., on board the Tamar. On landing & salute was fired by the Royal Artillery shore battery, and the Prince, who was accompanied by two of his officers, was met on the steps by Colonel The O'Gorman. A guard of honour, formed by men of the King's Own Lancaster The following Reuter's telegrams have been | Regiment, with the Regimental Colours and received during the week:
It is reported that Japan has formally lodged a claim to continue in permanent occupation of Weihaiwei.
:་
London, 3rd March. The Standard states that the Government is negotiating with Russia and Germany, with a view to embodiment, in a formal diplomatic docmment in the character of an international agreement, of thir assurances regarding China.
London, 7th March. The Times Peking correspondent wires that Russia has demanded that China surrenders her Sovereign rights in Port Arthur and Talienwan had grants the same condns to Russia as anve been granted to Germany at Kiaochan. Russia also demands this right to construct a railway from Petuna to Moukden and Port Arthur. In the event of China not complying with these demands within five days Russia threatens to send troops into Manchuria.
Mr. Curzon speaking in the House said that no information concerning the Peking Times correspondent's statements re Russia and China had been received by the Government.
An approach to a panic has occurred on the London Stock Exchange, owing to fears of a conflict with Russia in connection with China.
London, 8th March. Russia has demanded a lease of Port Arthur and Talienwan for 99 years and insisted on a reply by to-day,
Mr. Curzon has announced that he has tele- graphed to Peking and St. Petersburg enquir ing about the above.
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Band, received His Royal Highness, who re- peatedly acknowledged the salutes of the crowd of residents assembled on the pier eager to catch a glimpse of the royal visitor. The Prince was wearing on his breast several medals and orders, and his fine. commanding figure was the subject of much comment. He was apparently in splendid health and when Colonel" O'Gorman was about to conduct him to a 'ricksha which was in waiting he expressed his desire to walk. Without losing a moment he proceeded to Head- quarter House to pay a visit to His Excellency Major-General Black, C.B., the Acting Go- vernor. After leaving Headquarter House His Royal Highness called on the German Consul and then returned in a steam pinnace to the Deutschland.
In the afternoon His Excellency the Acting Governor returned His Royal Highness's visit, and the usual salutes were fired.
On Tuesday evening His Royal Highness dined with the German Consul.
The Deutschland was built in England in 1874 at a cost of £412,022. She is a central battery sea-going armour clad battleship, and one the few remaining boats of English build in the German navy. She stands high out of the water and her width is disproportionate to her length, so far as shapeliness is concerned. Her dimensions are: length 280 feet, beam 62 feet 4 inches, and mean draught 24 feet 7 inches. Although of 7,319 metric tons displacement her
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