348
he may be let alone and allowed to rusticate with his feather-brained friend Dr. SUN YAT-SEN. The young Emperor Kwang Su was unfortunate indeed to have fallen under the personal influence of such a man as KANG, who led him to the brink of the precipice over which he fell.
OUTRAGE ON FOREIGN ENGINEERS AT LUKOUCHAO.
OPPOSITION TO THE PAOTING RAILWAY.
THE HONGKONG WEEKLY PRESS AND
Mr. Francis-Yes, the affidavits were served at the same time:
Benjamin Emsley was then called, and in response he took a seat at the advocates' table.
Mr. Francis The application is for an in- terim injunction. The notice of motion is as follows
The Chief Justice-Before you begin it oc curred to me whether the parties might not ar- range to treat the hearing of the motion as the hearing of the suit, to save expense, and so on.. Mr. Francis-The position is this. Your lordship will have noticed that there is a snit in the Summary Court which Mr. Emsley has brought against Mr. Robinson for having improperly dismissed him. Of course whether he was improperly dismissed or not will We have to be thrashed out in that suit. are perfectly ready. It was Shanghai, 26th October."
a suggestion intended to make before the court before On Sunday afternoon a party of Chinese
the proceedings to-day terminated that the soldiers attacked the English engineers at Lukouchao, injuring two and killing a Chinese heard and disposed of at one time, but of course two proceedings might be consolidated and ćoolie.
your lordship will see that would practically in- volve a hearing on something else than affidavit. The Chief Justice-With regard to this mo- tion the affidavits may stand and the parties who made them attend for cross-examination.
[SPECIAL TELEGRAM TO THE "DAILY PRESS.
Work on the railway has been suspended and the Luhan engineers have been ordered in.
Mr. Dunstan's house has been looted.
The telegraph wires have been cut, interrupting 'communication with Paotingfu, and there are still eight Foreign engineers to be heard from.
-DESTRUCTION OF T. LEGRAPII
· LINES BY CHINESE SOLDIERS.
A REPAIRING PARTY ATTACKED.
[SPECIAL TELEGRAM TO THE "DAILY PRESS””
SHANGHAI, 27th October. Tang Fu-siaug's troops have destroyed much of the telegraph line to Peking and have at. tacked the repairing party.
The Tsungli Yamen has ordered Tung Fu- siang to punish the ringleaders with the utmost severity.
SUPREME COURT.
22nd October.
IN ORIGINAL JURISDICTION,
BEFORE SIR JOHN CARRINGTon (Chief JUSTICE.)
ROBINSON V. EMSLEY.-APPLICATION FOR
AN INJUNCTION,
In this case Waltor Vanghan Robinson was plaintiff and Benjamin Emsley defendant. Plaintiff applied for
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Mr. Francis-Certainly, it might be disposed of in that way.
The Chief Justice-Defendant would have to
undertake not to interfere with plaintiff's busi- ness in any way, but I would not order him not to take employment.
Mr. Francis Then the only question is as to the date of the adjournment.
The Chief Justice-I could take it on Friday. Mr. Francis-I have been speaking to Mr. Hastings, and I think that would be the ear- liest date.
The Chief Justice-Yes, that would be the earliest date."
Mr. Francis-Mr. Hastings tells me there is a little difficulty about that so far as time is concerned. Our principal witness in the case as to dismissal is the Singapore manager, who is at present up at Shanghai and who has been sent for but won't be down here for a fortnight. Your lordship might fix the hearing for Friday week.
The Chief Justice-Very well, Friday week. Of course defendant's having employment at Lane Crawford's could not prejudice plaintiff much.
Mr. Francis-No, certainly not, the principal objection is to his endeavouring to take away Mr. Robinson's clients.
you
The Chief Justice-Mr. Emsley, do understand the matter? Here is an application for an interim injunction restraining you from doing certain things. Well, it seems to me that supposing the motion were heard now and the Court made an order thereon it would have to be heard again on the hearing of the other case, which is the same matter really, so I suggested we might do what is often done in England, treat the bearing of the motion as the hearing of the suit. In other words, when the motion is disposed of the suit is disposed of too.
Mr. Emsley-I don't know the law. I am in your lordship's hands.
(1) An injunction to restrain defendant from continuing in the employment of Lane, Crawford, and Co., of Hongkong, as assistant in their business of piano tuners and repairers and music and musical instrument dealers, or taking any other employment or carrying on business on his own account or in partnership or on commission or being engaged in any manner whatsoever, either directly or in- The Chief Justice-I think that is fair to all directly, in the business of a piano manufac- parties. The only thing is that you must give turer, tuner, or repairer or musical instrumentan nudertaking not in any way to interfere with dealer, or any other business of a like and similar kind to that carried on by plaintiff in the colony of Hongkong or within 20 miles thereof.
(2) "Damages for breach by defendant of agreement entered into by defendant with plain tiff and dated the 25th January, 1897, whereby defendant agreed for six years after the termina- tion of his service with plaintiff not to take employment in or carry on any such business as aforesaid in the colony of Hongkong or within 20 miles thereof without the consent of plaintiff.
(3) The costs of the suit."-
Mr. Francis, Q.C.- (instructed by Messrs. Deacon and Hastings) said he appeared for plaintiff. He did not see that there was any. one there for defendant. Perhaps defendant would be called..
The Chief Justice Yon served notice of motion?
Mr. Francis-With your lordship's permis- sion.
The Chief Justice-The day before yesterday?
plaintiff's customers. I won't put you on a promise not to go back to your employment at Lane Crawford's.
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[October 29, 1898.
Mr. Emsley-Yes, I wish to say I have abe solutely no means to employ counsel, and what- ever has been done has been done out of charity by Messrs. Johnston, Stokes, and Master on my behalf.
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The Chief Justice Of course the court must take care everything is done fairly by you.
Mr. Emsley-I place myself unreservedly in your lordship's hands.
The Chief Justice-Then you will take an order of the Puisne Judge tranferring the suit and an order will be made consolidating the two proceedings. It stands for hearing on Friday week, and the understanding is that any wit- nesses either by affidavit or original testimony can be cross-examined.
Mr. Emsley-Is it possible to have it tried in the Summary Court, where Messrs. Johnston, Stokes, and Master could appear for me ?
The Chief Justice-The higher Court must take precedence.
mary Court to grant an injunction in the case,
Mr. Francis-There is no power in the Sum
which would be a necessary part of the proceed- ings.
heard in this court.
The Chief Justice-No, I think it must be
The hearing was accordingly fixed for Friday week.
Mr. Francis-If we are not ready to go on on that date your lordship will allow us to give notice?
The Chief Justice-Yes, but I shall be able to take it on that day..
Mr. Francis-But if our witness is not down. The Chief Justice-In that case we shall have to fix another day, but at present it stands fixed for that day, and any witnesses you want you must subpoena.
Mr. Springford, has gone away to Japan.
Mr. Emsley-Unfortunately my best witness,
Mr. Francis He is a witness we were very anxious to have too.
THE ARRANGEMENTS FOR THE PLINCESS HENRY OF PRUSSIA'S VISIT.
Princess Henry of Prussia will arrive in Hongkong by the German mail steamer Prins. Heinrich, due here on the 15th December. Prince Henry will meet the Princess here and Their Royal Highnesses will go on by the Prinz Heinrich to Kiaochau, where Christmas will be spent, after which they will return to Hongkong, where a stay of some duration will be made.
THE VOLUNTEERS IN CAMP.
The annual Volunteer camp of instruction was opened on Saturday last under most favourable conditions and the ten days' sojourn of our citizen soldiers on Stonecutters promises to be both a pleasant and instructive time. The location of the camp is changed this year, the old familiar camping ground being occupied by the Asiatic Artillery. The Volunteer tents are pitched on the slope of a hill in a picturesque little gap near the naval range and close to the sea shore. The men paraded at headquarters at 3 p.m. on Saturday and, headed by the fife and drum band, marched down to Murray pier, whence they were transported by lannoh to Stone- cutter's Island. Before leaving headquarters. the Commandant, Major Sir John Carrington, presented the Band with a handsome staff mas- sively mounted in silver and bearing the Corps arms and motto, "Nulli secundus in Oriente, and an inscription. On their arrival at camp and before dismissing them Major Carrington addressed the men as to their duties and the camp rules and discipline to be observed, drop- ping a hint to any possible sluggards that the reveille must be responded to promptly. The men were then dismissed and were soon busy making things comfortable under canvas. At The Chief Justice-Has the other been trans-an impromptu concert held in the mess tent in ferred to this court?
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Mr. Emsley-I agree to that.
The Chief Justice-I think that would be a very fair arrangement:
Mr. Francis-Yes, I think that would be a very fair arrangement..
The Chief Justice-Would you fix it for Friday week?
Mr. Francis-Mr. Hastings tells me it would be best to adjourn the hearing sine die-both this and the other, and have the hearing of the two.together.
Mr. Francis-I was going to suggest that. The Chief Justice You would suggest they be heard together?
Mr. Francis That they be heard together, and taken as one hearing.
The Chief Justice I think that would be the proper course, Mr. Emsley, do you agree to that?
the evening the healths of the gallant Major and Captain Sanders were drunk with musical honours and a "tiger."
On Sunday morning reveille was sounded promptly and the camp was soon stirring, but no drill was called 'till the men fell in for church parade. During the morning the in- teresting ceremony of hoisting the Corps colours over the camp was performed, the men
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