362
tention that she was embarrassed in her course by the manoeuvres of a launch which apparently was a police launch. With regard to that the officer in charge of the launch on that night,
The
THE HONGKO
NG WEEKLY PRESS AND
3rd May,
IN ORIGINAL JURISDICTION.
JUSTICE.)
-
IN THE MATTER OF THE NEW AMOY
DOCK COMPANY, LIMITED
AND REDUCED.
Mr. Pollock (instructed by Messrs. Johnson, Stokes and Master) explained that this was a petition for confirming a resolution reducing the capital of the said company from the sum of $60,000 to the sum of $40,500
An order was made in the following terms:- Special resolution confirmed; minute approved; use of words “aud reduced " dispensed with forthwith.
[May 7, 1898. THE SPANISH-AMERICAN WAR,
30th April.
No news has been received from the Ameri- can fleet or from Manila for the last two days.
to-night, where they will in all probabilty have arrived uninterrupted. It is not at all likely that the Spanish fleet would leave Manila with a view to engaging their enemy. There is some uncer- tainty with regard to the immediate future of Manila. Admiral Dewey considers that his duty will have been performed when he has captured the Spanish fleet and secured the safety of American trading vessels. We understand that some eleven American trading vessels are over- due at different ports, and some anxiety is felt in consequence. The question of forming a provisional Government at Manila is one with regard to which Consul Williams will his discretion.
tise
apparently the only launch which could have BEFORE SIR JOHN CARRINGTON (CHIEF The fleet, however, should be sighted in Manila been intended as far as one could make out, gave evidence entirely at variance with the evidence given on behalf of the defence. The case for the Powan was this: After leaving the Capsnimnu Pass the second officer was in charge. The captain said he came on to the bridge, her position then being abreast of Green Island. vessel was then going about six knots, and there was a current eastward of about
a knot. He said that when he got some 1.200 feet from the westernmost junk of the ine of junks opposite China Merchants' Wharf on the north side of the fairway he star- boarded the helm, swinging round to come up in the channel of the southern fairway. He immediately made out a steam launch in the midst of the channel going. he thought he said, in a south-western course towards the direction of the China Merchants' Wharf. He said that on seeing this steam launch he thought he could not get into the fairway, and so he steadied his helm and shortly after he ported his helm. That of course would take him towards the further into the land and more China Merchants' Wharf. He said that at that time the launch had shown her green light and her white light. Shortly after the launch turned round and showed her red light, and be at the some time apparently found he was getting on to the vessel lying alongside the China Merchants' Wharf. He put his hel hard a starboard, and at the same time or immedi
The
ately afterwards gave the order to go full speed astern. That order, it was said, was obeyed at once. It appeared in evidence that the order to reverse and go full speed asteru was given about 30 seconds before the collision. chief engineer said it took about ten seconds to get the engines to go astern, so that a matter of some 20 seconds only elapsed between the going astern and the collision. The first officer said he went forward about 15 seconds before the collision and he admitted that at that time
the collision was inevitable. The Powan struck the Kwanglee in the manner he had already mentioned. With these facts before them the assessors advised him in the following way— first that having regard to the character of the night and her (l'owan) failure to see her lead- ing mark in making the harbour, namely, the green light at the end of the China Mer- chants Wharf, she ought on approaching the end of the southern fairway to have gone half speed. Secondly, that on the assumption that the launch was present and manoeuvring in the way stated by the defence the Powan was in error in steadying and afterwards porting her helm, and that if she had gone on her starboard helm she would have gone clear and passed into the northern part of the fairway. Thirdly, it was admitted that the whistle was never used by the Powan, and he must confess that under the circumstances it struck one as strange that no warning note was blown with the whistle. Fourthly, that when she ported her helm she must have known that the manoeuvre would bring her on to the China Merchants' Wharf or thereabouts and she ought therefore at the same time to have stopped and reversed Fifthly, that generally the vessel was not navigated with seamanlike skill. The assessors were both of opinion that there was a good deal of want of decision, of want of pro- per discipline, displayed by the officers of the Powan. Sixthly, that these circumstances contributed to the collision. The result of these findings was that the Powan also was to blame for this collision, and the general
May 4th.
IN APPELLATE JURISDICTION,
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE) AND MR. JUSTICE WISE (PUISSE JUDGE,)
MANA BINGU V. YUENG KAU,
Mr. Francis. Q.C.. said that he appeared in this case for the appellant, defendant in a suit below. The action in the Summary Court was brought by Mana Singh against Young Kau. Plaintiff claimed $590 principal and interest due on a promissory note dated June 29th, 1897, given by defendant io one Yenng San and endorsed to plaintiff. It appeared in evidence that Yeung San was an infant at the time the note was endorsed over to him and that defendant was also an infant under the age of 21 years on the date gave the nota. The defence raised in the Court below was infancy but the learned Judge in the summary juris- diction of that court decided in favour of plain- tiff and against the plea of infancy, and defend ant was desirous of appealing against that de- cision under the provisions of section 41. Ordinance 14 of 1873. Having read the notice of motion Mr. Francis, contincing. said the application had been set down for hearing that day so as to be within the seven days during which an application of
that sort must be made to the Court, and he would ask their Lordships to adjourn the hear ing of the application if necessary as he was not prepared with any arguments for the moment.
The application was granted, Thursday of next week being fixed for the hearing.
2nd May.
IN SUMMARY JURISDICTION,
BEFORE MR. JUSTICE WISE
(PUISNE JUDGE,),
MONA SINGH V, YEUNG KAU.
In this case plaintiff claimed from defendant $590 principal and interest due on a promissory note given by defendant to one Yeung San and endorsed to plaintiff. Defendant raised the plea of infancy, but in giving judgment for plaintiff with costs his Honour said the plea must fail.
Mr. Grist appeared for plaintiff and Mr. Ewens for defendant.
At the Magistracy on 3rd May a coolie named Chan Kam was charged with unlawfully having in his possession without a license from the Go- result therefore of the whole case was that the
rernment 26 lbs. of gunpowder. On Monday assessors thought, and he concurred with them, afternoon Inspector Baker met him in Shau that both sides were to blame in respect of this kiwan road carrying two bags. When asked what collision. The result, therefore, would be judge was carrying defendant said rice, but when ment would be entered for plaintiffs for the the Inspector opened the bags he found that recovery of the moiety of their damages in res pect of the collison and that on the counter they contained 20 lbs. of gunpowder. He sub- sequently found 6 lbs. more in defendant's house, claim defendants recover a moiety of the damages in which he also found a plant for manufactur. sustained by the Powan. There would be the
ing gunpowder. The man had only a permit usual order as to costs in these cases-that each from Government for 2 lbs. of gunpowder. De- party was to bear its own costs. In regard to fendant said the powder was ordered by a the assessors he thought it would be proper to Government contractor, who asked him to say each party should bear half the costs bring it to the quarry for blasting purposes, There would be an enquiry to assess the damages. A fine of $50 was imposed.
It is thought that there are not many Spanish troops in the neighbourhood of Manila. The officers and men in the American Squadron number about 2,000,
It is probable that the Concord will return to Hongkong from Manila on Wednesday next for despatches.
EL
A notification has been issued by the Cable Companies to the effect that the use of secrot "code or cypher," in language, whether private telegrams to the Philippine Islands is for the present prohibited by the Spanish Authorities.
Emilio Aguinaldo, who was leader of the in- surrection in the Philippines last year,
will arrive in Hongkong from Singapore in the P.&O. steamer Malacca. During his leadership Aquinaldo formed a provisional Government
with a Council consisting of seven persons, le himself was President and I. Atachio Minister of the Interior. Our readers will remember that some weeks ago the latter applied on behalf of himself and others for an injunction to restrain Aquinaldo, with whom the Hongkong and Shanghai Bank and the Chartered Bank of India, Australia, and China were joined as defendants, from parting with $400,000 remitted to Hongkong by the Spanish Government for distribution among certain of the leaders in the late insurrection. We understand that Aquinaldo's colleagues puspro repudiating the action taken by Atachio and expressing their unabated configence in Aquinaldo.
We learn that Aquinaldo and his colleagues are formulating a plan for going to Manila in their own vessel. They have a large supply of
ammunition and arms.
2nd May.
A report was current on Saturday that the American fleet had been sighted off Manila. Renter, telegraphs that the Spanish fleet had put to sea from Manila to meet the Americans, and if this is so the meeting ought already to have taken place, but having regard to all the circumstances that is hardly likely. Reuter's statement is no doubt founded on official infor mation telegraphed by the Manila authorities to the Government at Madrid, and as long as the telegraph is controlled at the Manila end by the Spaniards we must expect to receive our earliest information of important occur- rences by the circuitous route via Madrid and
London, as the Manila Government will prob- altogether or at least delay them until their own ably either stop independent press messages
messages have reached Madrid and so much of the information as is deemed prudent has been communicated to the Madrid press.
There is no reason to doubt that the Spanish squadron has left Manila, but it does not follow that it is intended to at once give battle to the Americans. In Manila papers received on Satur- day it is stated that the men-of-war then in the Bay wore to leave and cruise along the coasts of Luzon with Subic as their central port. The intention may be to play a game of hide and seek with the Americans and thus draw off the attack from Manila. Iersons who ought to know
Bay that it would have been a fatal error for the Spanish vessels to await the attack in Manila Bay, as that would not only have placed them at a disadvantage in manoeuvring but would also have carried the tide of battle into dangerously close proximity to the city of Manila itself.
Subic, which it is apparently intended to make the headquarters of the Spanish fleet, is a bay
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