40
440
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exact
the charge of bad shooting brought against the Spaniards is unjustified by the facts. As to the first of these charges we may at once confess that the list of the Spanish vessels was not quite accurate, but we would also point out that whereas our contem- porary says we gave it as an
" list it was in fact given only as a practically
31 correct list, and on examination the inaccuracies do not appear to be very vital. We should mention also that the list did not purport to have been given to us as it stood by our American informant, but was compiled from such materials as were to haud from various sources; it being stated that there were in all about fourteen Spanish vessels destroyed, the list gave the naines of those known to have been engaged and those that it was thought should probably be in- cluded. There seems at first to have been a singular uncertaint as to the precise extent of the Spanish lossesy The principal vessels were mentioned by. name, but even the Comercio itself in the account of the battle given in its first issue published after the eveut and it had three days in which to compile the report-concluded its list with the indefinite phrase "and some other small "vessels." In so far, however, as our list conveyed an impression unfavourable to the Spaniards we frankly apologise for its in- accuracies.
Even now, however, a mouth after the event, there is still a conflict of evidence as to some of the vessels concerned, Admiral DEWEY, in his telegraphic des patch as published in the Canadian papers, says the American squadron engaged the enemy and destroyed the following vessels:-
Reina Christina, Castilla, Ulloa, Isla de Cuba, General Lezo, Ducro, Corre, Velasco, Mindanao. The list given by the Comercio on the 4th May was as follows :-
Reina Christina, Castilla, Ulloa, Don Juan
de Austria, Marques del Duero, General Lezo, Isla de Luzon, Isla de Cuba, and some other small vessels. Mr. MCKINLEY, the late chief engineer of the Lala de Mindanoa, has given to the Singapore Free Fress an account of the engagement, in which he gives the following as the Spanish vessels engaged:
Reina Cristina, Isla de Luzon, Isla de Guba, Castilla, Don Juan del Austria, Marquis del Duero, one other small gunboat similar to the Duero.
THE HONGKONG WEEKLY PRESS AND
record, though it will be observed that one of these vessels, the Velasco, is mentioned by Admiral DEWEY as having been de- stroyed by his fleet. Our contemporary also contradicts the statement that there were two torpedo boats on the Spanish side | which made a dash at the Americans, but were themselves destroyed. On this point we are unable to give any explanation; several correspondents writing independ: ently have made mention of the incident which it is now alleged never occurred, and
It will be observed that there are several discrepancies in these lists, the Comercio's giving two names not included in the other two, not to mention the "several more "small vessels," while Admiral DEWEY gives three names which do not appear in the Comercio's or Mr. MCKINLEY'S list. One of these is the Mindanao, and her omission is easily explained on the ground that she was not counted as a fighting ship; although not included in the list of the Spanish fleet both the Comercio aud Mr. McKINLEY mention her in their descriptions of the fight. Mr. MCKINLEY, however, although he follows up his list with the remark "I may not have stated the ships according 'BRASSEY, but there they were, and none other," goes on to refer in his description to the burning of the Viloa, a vessel not included in his list, and this slip may give rise to doubts as to whether he may not have made others. The Comercio, in its criticisms on our report of the battle, complains that we included in our list of Spanish vessels some which were no- where, near the scene of the conflict, such as the Alavo, Elcano, Cebu, and Velasco, all of which have been dismantled. For the sake of accuracy we place the correction ou
"
+
it must be assumed that craft of some kind were seen which were honestly taken for torpedo boats.
14
[
With reference to the shore defences silenced by the Americans a full translation of our contemporary's remarks may be found of interest:-"As to the formidable forts and batteries which existed at Cavite, every one knows that at Punta Sangley there were only two Ordonez cannon of 15 centime tres, one of which was rendered useless "after the first fe v discharges, not by any "Yankee shot, but by causes with which they had nothing to do. There remained "therefore only one gun, which continued
喝富
(4
(
at work until the place was evacuated, "when Artillery Lieutenant VALERA spiked "the gun and destroyed the ammunition aud "retired with all his men without a single "casualty. This, after having received the "full fire of four Yankee vessels which
vainly tried to silence the battery, does "not say much in favour of the shooting of "the Yankee artillerists. On the other "hand the Baltimore carries in her hull "marks of the projectiles from the Punta
46
"
|
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[June 4, 1898.
with a flourish of trumpets that they were going out to meet the enemy, but they did. not do so, aud finally allowed themselves. to be caught in a position in which they were unable to manoeuvre. Why? If the courage with which the Spaniards are credited had prompted them to go outside to fight, the struggle might have had a different ending. It is improbable that the Spaniards with their inferior force could have achieved a victory-(though there are many chances in war)-but it is almost certain that they could have inflicted serious damage upon the attacking force. Their own loss could not in any case have been greater as regards the ships, though the crews would have had a less easy escape to land had the fight taken place outside the Bay. The Comerico prefaces its account of the battle as follows:-" Spain loves honour "without vessels more than vessels without
ff
honour, said Mendez-Nunez at Callao on "the 2nd May, 1866, and thirty-two years "less one day afterwards our navy inscribes with equal heroism a brilliant page of glory in the golden book of history. Hon- our to the heroes who fell that day and glory to all the valiant survivors of the unequal "and horrible naval battle that took place on. "the 1st May in the waters of our Bay." Honour to all who displayed valour in the fight, yes; but little claim to honour can be advanced on behalf of the fleet as a body.
"
SUPREME COURT.
27th May
IN ORIGINAL JurisdictioN,
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE).
Sangley battery, and that these did not do more execution was not due to bad aiming "but because the guns from which they "were discharged were incapable of doing more. A hundred and thirty shots were fired by the battery on that memorable VINCENZO PIETRO MUSSO DI PERALTA ET AL., morning, and with general applause the "valiant officer of artillery and the four men who served the guns have been pro- posed for the Cross of San Fernando."
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PLAINTIFFS, V. VITTORIA LUCIA
MUSSO, DEFENDANT.
The following written judgment was de- livered by the Chief Justice :-
In this case the parties are in substantial accord as to the facts and it was consequently argued on the Petition and Answer. In addition, four documents relating to the matters in con- troversy were by consent put in evidence.
The facts upon which the questions arise which are now to be determined by the Court may be shortly stated as follows.
The plaintiffs are the sons of the defendant by her deceased husband Domenico Musso, who was formerly consul for Italy in this Colony. The defendant was married to him in Italy in the year 1872, and at that time she and Mr. Musso were Italian subjects domiciled in Italy. They continued to live together as husband and wife, and their domicile remained the same, until the date of Mr. Musso's death. In 1885 Mr. Musso became possessed of certain lease- hold properties in Victoria known as Marine Lot No. 188 and the remaining portion of Marine Lot No. 189 for the respective re- sidues of the several terms of 999 years from the 25th June, 1861, created by the Crown leases of the lots respectively.
The Comercio also mentions the fact that the Castilla and Von Antonio de Ulloa fought under disadvantages, the machinery of the former being in a bad condition and the second being under repair. It may be at once admitted that the American force-was much superior to the Spanish, but it is the opinion of experts well acquainted with the vessels of both squadrons that the Spanish were strong enough to have made the Americans pay somewhat dearly for their victory had the meeting taken place in open waters and the Spanish vessels been handled with ordinary skill. The Americans speak highly of the courage displayed by the Spaniards when the fight was forced upon them, but the question suggests itself, why did the Spaniards allow themselves to be taken in a corner to begin with and why had not the vessels in un- serviceable condition been repaired before the commencement of hostilities, or, if that was impossible, why were they not left behind in harbour while the others went out to meet the enemy. The Americau squadrou had been lying for weeks in Hongkong and it was known to all the world that it was the intention to make a descent upon Manila, or rather to search out the Spanish squadron, should the then pending difference between the two countries result in an open rupture. When the time came and the vessels left, the Spanish Government had information of their departure, and from the Comercio wę gather that their approach to Manila was It had sigualled from Cape Bolinao, previously been announced by the Spaniards ground situste lying and being at Victoria, aformaid and
Being so possessed, Mr. Musso, on the 28th January, 1895, executed the following in- strument -
This Indenture made the twenty-eighth day of January one thousand eight hundred and ninety-five between Dom- enico Masso of Victoris in the Colony of Hongkong gentle- man of the one part and Lucia Vittoria Musso of Victoris aforesaid wife of the said Domenico Musso of the other part Whereas by certain acts and deeds in the law all thos pieces or parcels of ground hereinafter mentioned became legally rested in the said Domenico Musso his executore administrators and assigns for the respective residues of the several terms of years respectively created by several indentures of Orown lease thereof subject to the payment -- of the Crown rents and whereas tho said Domenico Musso hath promised and agreed to give to his wife the said Ļucia
vittoria Musso all those the said pieces or parcels of ground with the messunges erections and buildings thercom
respectively and the appurtenances thereunto belonging Now this Indenturo witnesseth that in consideration of his love and affection for the said Lucia Vittoria Musso he the said Domenico Musso doth hereby assign and give absolutely unto the said Lucia Vittoria Musso her executors administrators and assigna all those pieces or parcels of
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