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pointed out by the court that from the evidence it appeared plaintiff was only himself nonimal holder of the shares which were taken in his name by his then employers, Messrs. Benjamin and- Kelly. As a matter of fact their Lordships would see from the evidence that that was the actual state of affairs. Hardoon being employed as a clerk by the firm of Messrs. Benjamin and Kelly, for convenience sold these shares, which were put in his name, and he signed a blank | transfer in respect of them, but it appeared from the evidence, and there was no contest upon the point, that as a matter of fact he never had for one single moment himself a farthing of interest whatsoever in these shares. He never had in his possession any certificates whatsoever for the shares. Hardoon was simply the bare trustee -the dummy practically, in whose name these shares were put.
The Chief Justice-I think that is clear enongh on the evidence,
Mr. Pollock, continuing, said his conten tion was that this was a case of trustee and cestui que trust. and that the ordinary rule must apply which had been applied by courts of equity in many cases-that was that the cestui que trust must indemnify the trustee for calls made upon shares belonging to the cestui que trust. Mr. Pollock proceeded to deal with the judgment of the court below, pointing out in what respects he considered that judgment open to question.
28th February.
Mr. Pollock continued his address on behalf of appellant, quoting cases in support of his contentions.
Without calling upon Mr. Robinson, the Court dismissed the appeal with costs.
2nd March.
IN ORIGINAL JURISDICTION,
BEFORE SIR JOHN CARRINGTON (Chief Justice).
THE HONGKONG WEEKLY PRESS AND
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to be well acquainted with the signature of the Count, and to the best of his belief the signa- ture produced was his.
By Mr. Robinson-So far as he could remem. ber be had never seen Cassum Moosa before the date on which this note was signed. He could not remember whether the note was sent to Macao and then returned with the signature of Count de Fernandes. The Bank would not have advanced the money without the signature, He did not think he had ever spoken to the person who was standing up in court (defend- ant). He had seen him and knew his face quite well, but he could not say whether he was the man who signed the note or not.
G. W. Playfair, chief manager of the Nation- al Bank of China, Limited, said that in regard to the promissory note in question he arranged the transaction He was well acquainted with the old Count, who was agent for the National Bank of China in Macao. He was not personally acquainted with Cassum Moosa at the time. The money was for Cassum Moosa's account un- der the guarantee of the late Count. The loan was not, as stated by defendant, for the late Count on Cassum Moosa's guarantee. The sug. gestion was utterly absurd. If the old Count had wanted a loan he would have had no dif- culty in obtaining it; as at that time the Count WAS # very wealthy man. 'I he account was closed on the 31st December, 1896, the $4,500 being paid and $90.70 interest. Viscount Fernandes then gave evidence and was cross-examined by Mr. Robinson. He said he Was sure that his father never was in want of money. He had seen letters addressed
to his father from the New Oriental Bank ask-
ing for the payment of money. He did not go to the Bank on the date of the promissory note and introduce Cassum Moosa. He could not tell whether his father did so or not.
Adjourned.
[March 4, 1899.
but no advance is made, perhaps because if the town were taken it would not be advisable to spare the meu necessary to hold an unimportant post.
A long line of small shelter tents extendsaround behind the trenchies to Santolan, the waterworks, with here and there a church or pretentious nipa house marking the headquarters of regi- ments or divisions. At Santolan there bas been heavy firing during the last three days and a number of the men have been wounded and many more overcome by the intense heat.
Continuing to San Pedro Macati and Guada- loupe, the men have practically been on duty for four days. Last night. Sunday, the natives succeeded in passing down both sides of the river and came so near that shots were exchanged at short range from the Church and Town Hall, the headquarters of Brigadier General King. At daybreak this mOFFICE the force of the attack was concepti, Hongkuadaloupe and the tired companies justasked to turned out to defend fighting the church
to quarters were After an hour's
riseand the Americ ns drew in their lines, ting for a time to
cetili some high ground just in the rear. A week ago their lines wer
miles further out than they are to-day
GUADALOUPE ABANDONED. Guadaloupe is now occupied by the Insur- gents, who have been coming nearer and bearer to San Pedro Macati all day, until the Artillery sighted its guns at 1,500 yards in shelling with shrapnel. I don't wish to be an alarmist. but if the situation does not soon take a change the next move will be by the Americans falling back on Santa Ana. It is more than likely that general orders prevent an advance into Filipino territory until the expected reinforce- ments arrive, but the ground already won has in this instance heen given up.
ADMIRAL DEWEY VISITS THE FIRING LINES.
THE WAR IN THE PHILIPPINES. Lamberton of the Olympia and some ladies This afternoon Admiral Dewey with Captain
AMERICANS ABANDON GUADA- LOUPE.
THE STRAIN TELLING ON
VOLUNTEERS.
A PROMISSORY NOTE TRANSACTION, In this case Bernardino de Senna Fernandes, Count de Senna Fernandes, sought to recover from Cassum Moosa the sum of $4,500 paid to the National Bank of China under a promissory note for which his late father was guarantor.
Mr. J. J. Francis, Q.C. (instructed by Mr. NO ADVANCE IN THE LONG FIRING Hursthouse) appeared for plaintiff and Mr. E. Robinson (instructed by Mr. Gedge) for defen- dant.
Mr. Francis, in his opening statement, said that the late Count during his life and his son continued the business after his death was for some time agent in Macao for the National Bank of China, and during that agency Cassum Moosa, from September. 1893, to 1896. regularly paid interest on this $4500. These payments appeared in the account books of the agency in Macao and in the books of the Na- tional Bank of China as duly received. How- ever in 1896, ander pressure from the Bank, the administrator of the Count, who had died.
paid the money and the interest then due, ad it was for the recovery of the amount then pair —although it was not quite the full amount they were properly entitled to claim-that that action had been brought.
Anthony Babbington, at present in the firm of Shewan, Tomes and Co., said that in 1892 he was in the employ of the National Bank of China as accountant, The signature on the document produced was bis. He signed it as a witness. He witnessed the signature of Cassum Moosa. He saw him sign it. It was a joint and several promissory note given by Cassum Moosa and the late Count de Fernandes to the National Bank of China for $4,500, they jointly and severally promising to pay the sum on de mand to the National Bank of China, Limited. or order, interest to be paid at the rate of 8 per cent per annum, payable monthly. To the best of his belief Cassum Moosa was brought over from Macao by either the old Count or the young Count. Cassum Moosa certainly signed the note in English. He did not think he could-recognise the man who signed it. He ceased to be accountant for the Bank about two years ago. On the issue of the promissory note he opened an account himself in favour of Cassum Moosa for the sum of $4,500. He used
LINE.
went up the river in a launch and visited San Pedro Macati. About this time the firing became very heavy and probably considering the ladies the party hastily returned down the
river.
FILIPINOS BECOMING MORE ACCURATE.
A study of the wounded men in the hospitals and observation on the firing lines develops the fact that the aconrracy of the native aim is fast improving. A large percentage of the wounds are in the lower part of the body and legs. The out-great mass of bullets still fly high, as they do even in well trained armies, but the line itself, previously more safe than some two or three dangerous. bundred yards in the rear is becoming more
[FROM OUR CORRESPONDENT.]
Manila, 19th February. Fifteen days have now passed since the break of hostilities on the memorable Saturday night of 4th February and beyond the advances have scarcely changed their position. On the made during the first four days the Americans
south of the long firing line beyond Malate and Passay, General Orenshine's brigade has pushed its outposts some four or five hundred yards into the enemy's country, in the direction of hey are entrenched so strongly that a balte old Camp Dewey near Paranaque, but bere
tsha been any advantage gained it lies on the aid must be anticipated. On the contrary, if there of the Filipinos. Skirmishing continues night and day incessantly, keeping the troops ever on the qui rive, and it is far more wearing on the
Americans than on the natives. The latter are
pursuing the old tactics practised on the Span- iards, only in a more trained condition. They are capable of improving every moment of quiet by resting, while a small squad of scattered soldiers
worries the Americans with occasional shots falling into camp, causing everyone a strain that is beginning to tell on the meu.
Since the taking of Caloocan the natives have retired to Malabon, where the navy could shell them out in short order, but it has not been done. Dozens of English flags flying from the houses, mixed up with a few German and Swiss, make that place look for all the world like a foreign elony dropped from the clouds. Most of the onatives have recently withdrawn, leaving only a small guard plainly visible by the glasses, who scatter here and there and throw Mausers and Remingtons into the American entrenchments beyond Caloocan. The artillery commands the main road to the city and the infantry line under the able direc- tion of General McArthur is in a position to sweep off all attempts at retreat toward Malolos,
to be running short, for now the position of Aguinaldo's smokeless powder supply seems the natives is easily made out by the puffs of smoke, where formerly they were absent.
giment were seen to-day near Guadaloupe and to-night or to-morrow morning has led to the the anticipation of an attack from that quarter strengthening of the line in this direction.
Members of the much vaunted red-coated re-
In addition to two guns of the 6th Artillery and four of the old Astor battery eight com- Washington, and seven companies of the Idalio panies of the California, two companies of the
Volunteers are on the front.
ENGLISH OFFICERS AT THE FRONT.
Several English officers visited San Pedro Macati during the fighting to-day and took great interest in the artillery firing from a bill near San Pedro to the south toward Gudaloupe, At a distance of 2,500 yards a party of natives were seen passing along the ridge of a gently rising mound. The sharpshooters first took a try, but without effect, and then the Artillery with 3.2 in. guns dropped two shells (shrapnel) apparently right in their midst. The bursting was plainly visible and the natives could be seen scampering in all dire tions.
As darkness drew on there was a general Inll and the visitors and several officials returned to town. In all likelihood the poor fellows ont on the lines will spend a sleepless night trying to pump lead into tiny dots of flame indicating the position of some Filipino worry man.
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