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to decide whether this signature was the sig. nature of Emilio Aguinaldo. In order to prove that this was Aguinaldo's signature he would call before them a gentleman of the name of Bray, resident many years in Manila and well acquainted with Aguinaldo. He had seen Aguinaldo many times; in one particular instance he saw Aguinaldo sign the agreement between the U.S. Consul at Singapore and Aguinaldo. Mr. Bray had seen Aguinaldo write his signature many times, and he had let- ters from Aguinaldo in his possession, He would tell the jury that he had not the slight- est doubt that the two signatures on these do. cuments were in Aguinaldo's own writing. Mr. Keenan, of the Chartered Bank, where Aguin. aldó, in the early part of last year, had an ao. count, would produce a number of cheques drawn by Aguinaldo on that account, which were paid by the Bank. He would tell them that if a cheque bearing any of these signatures on the power of attorney had been presented to him, and he was the man who was responsible for pay- ing the cheques of the Bank, he would allow it to be paid. When the deposit receipt was pre- sented to the Bank in May last year, the Bank stated in their answer that the only reason they did not pay the money was that the time of the loan had not yet expired, so that it was per. fectly clear that they did not dispute this
the deposit note, and signature on would ask the jury to compare the signa- ture on the deposit note with the signa. ture on the power of attorney. He would also call upon Mr. Thomas Jackson to produce thirty-five paid cheques drawn by Aguinaldo on his account for sums varying between $200,000 and a few dollars, and he would also call for the book of the bank in which Aguinaldo's signature appeared. He would ask the jury to compare the signatures on these cheques and the signature in the book with the signature on the power of attorney. Mr. Slade said he had not seen the chepues, nor had anyone interested in the plaintiffs' case seen the cheques, but so con- fident were they of the genuineness of Aguinaldo's signatures on this document that they were going to have them put forward in support of their case He thought the Bank wanted some- thing more than "reasonable evidence they had in their posssession thirty-five copies of Aguinaldo's signature. Mr. Slade proceeded to quote a considerable number of authorities to prove his contentions in regard to the law, ou- cupying the whole of the morning and the
afternoon.
14th March.
he
"when
Mr. Slade My Lord, before this case is called on I wish to call your lordship's attention to what I submit is an exceedingly improper report of this case which appeared in one of last night's papers, namely, the China Mail,
The Chief Justice-You have no affidavit ? Mr. Slade I have the paper and nothing else. I wish to call your lordship's attention to it and if necessary I am prepared to make a motion on the adjournment to commit the pro- prietors of this paper for contempt of court.
The Chief Justice-Unless you have an affi- davit I do not think I can deal with the matter.
It
Mr. Slade Certainly, but I thought it would be convenient to mention the matter now. is only concerning the heading, which I think is distinctly calculated to prejudice the minds of the jury against the plaintiffs in the case.
The Chief Justice-You must bring it be- fore the Court in the regular way. Have you communicated with the publisher of the paper ? Mr. Slude-He has been communicated with informally but I do not know whether it has reached him yet. There has been no formal communication.
mean
by
THE HONGKONG WEEKLY PRESS AND
The Chief Justice-You understand what I communicating. If you have any proper complaint I think the publisher and proprietor should be communicated with,
It was decided to deal with the matter after the adjournment.
Mr. Slade continued his opening, dealing with the questions of law which arose.
After tiffin Mr. Slade continued his argument, and finally the case was adjourned for the set- tlement of issues. The proceedings against the China Mail have, we understand, been dropped.
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IN SUMMARY JURISDICTION.
BEFORE MR. JUSTICE WISE (PUISNE JUDGE.)
COLLINS V. MCMAHON
[March 18, 1999.
DELIMITATION OF THE KO LOON FRONTIER.
13th Marob.
The delimitation of the Kowloon frontier is at last to be entered upou. Kee Wei, an Ex- R. A. Collins, of the Dragon Cycle Works,pectant Magistrate, and another Weiyuen sought to recover from Sir Horace McMahon, named Wong Chuin-shiu are the Chinese officers Bt., Captain in the Royal Welsh Fusiliers, the appointed for the purpose and the Canton Go- sum of $120 for repairs done to four bicycles verument Gazette contains a notification to the effect that they paid a visit to the Viceroy's and the supply of one Dunlop tyre.
Yamen on the 10th inst. to take leave of His Excellency. The gunboat Kwangli has been placed at their disposal for the journey to Hongkong.
Mr. Looker (of Messrs. Deaeon and Hastings) appeared for the plaintiff, and Mr. Gedge (Messrs. Jonuson, Stokes and Muster) for the defendant.
The plaintiff said that sometime in the be. ginning of February last the defendant asked him to go to the Murray Barracks as he had some bicycles to be repaired. Plaintiff accord. ingly went to the Barracks the next morning, and Lieut. Hay showed him four bicycles which were in the open air in the road in a very It was agreed between the plaintiff bad state. and Lieut. Hay that the machines were to be reenamelled, fresh tubes were to be supplied where necessary, and that the machines were to be put in thorough working order for the sum of $100. $20 was to be charged extra for the Dunlop tyre.
17th March.
Yesterday morning the Hon. J. H. Stewart Lockhart and Kei Wei and Wong Chain Shin left for Mirs Bay for the purpose of delimitating the Kowloon frontier.
THE WAR IN THE PHILIPPINES.
STEADY SKIRMISHING AND
BATTLES.
TWO
ARRIVAL OF REINFORCEMENTS— MORE EXPECTED.
LAWTON'S ARRIVAL.
In cross-examination, plaintiff admitted that the bicycles were re-enamelled with Aspinall's ACTION TO BEGIN WITH GENERAL and not baked enamel as generally used. Plain- tiff denied that anything was said to Mr. Hay about renickelling and considered he had fulfilled his contract when he returned 'the machines, which were in thrrough working order.
Emerson Gibson was called as an expert wit ness on behalf of the plaintiff.
Sir Horace McMahon said that Lieut. Hay contracted with the plaintiff, and that he had nothing to do with the contract. He, however, waived this objection.
Lieut. Hay, R.W.F., said the contract was to thoroughly repair, renickel, re-enamel, and overhaul the machines. Plaintiff was to supply When new tubes to tyres where necessary. plaintiff returned the four machines, they were not in rideable condition. The tyres could not be blown up properly, stood only for 24 hours. The machines were not and could not be ridden since they were returned.
James Livingstone was called as an expert witness on behalf of the defendant, and said he found many defects in the machines, which were not in a rideable state when he examined
them.
His Lordship held that the plaintiff did not fulfil his original contract, and therefore, in law, he could not recover. Judgment was en- tered for the defendant with costs,
The four machines were exhibited in Court.
RESUME OF THE SITUATION.
[FROM OUR CORRESPONDENT].
Manila, 8th March. Though the last six days have been marked by constant fighting, and two engagements have approached the severity of battles, there has been practically no change in the American position? In accordance with general orders, ground fought over and cleared out time and time again has been given up only to have the natives come drifting back and banging on the front and flanks threatening the men in the trenches. The death list has been swelled and hospital cots occupied over and over again and all to very little purpose.
Up to March 4th Sau Pedro Maonti was the objective of the Filipino skirmishers and small engagements, in which a man or two would be killed and half a dozen wounded, occurred almost with the regularity of meals, and in fact it was the usual thing for a flight of Mau- sers to come into camp about daylight or break- fast, and another small brush to happen along just before dark. The men were not allowed to go beyond the trenches, but the artillery, posted on high positions, kept a sharp look out and ao- Jomplished about as much by the terrifying boom of the discharge and bursting as by the actual damage of the schrapnel. People there
dozens of times they have seen shells exploding right in a bunch of natives, undoubtedly killing them all or at least a large number, yet the natives seem to have an unlimited stock of men ready to be blown up. During the regular sharpshooting it is a rare thing for a man in the lines to be able to see more than a puff of smoke and a fragment of clothing or clot of white colour, to indicate some crouching native. Uuder these circumstances the death rate is bound to be very low,
SETTLEMENT EXTENSION AT are who will tell any credulous listener that
SHANGHAI.
PROTESTS BY THE FRENCH AND RUSSIAN CONSULS.
JOINT ACTION BY THE BRITISH AND AMERICANS.
[SPECIAL TELEGRAM TO THE “DAILY PRESS."]
Shanghai, 14th Maroh. The American and British Consuls are jointly pressing the Chinese for a prompt adjustment of the present deadlock with reference to the extension of the Settlement.
The French and Russian Consuls oppose the extension unless the protests against the ex- tension of the French Settlement are withdrawn, an attitude which conflicts with American and British interests.
Meetings of the Americans and British have been called with a view to protest against Franco-Russian interference and to appeal to their respective Governments.
SHANGHAI, 16th March.
At a joint meeting of the China Association and American Association of Chius a resolution was unanimously passed urging vigorous Betion on the part of the British and United States Governments with the object of securing an extension of the general settlement.
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The arrival of the transports Senator and Ohio with the 22nd U.S. Infantry, which saw servios in Cuba, has naturally strengthened the forces. The men have all been landed and show up in good form, although some of them still have traces of the Cuban fever in their bones.
On the 6th inst. the first extensive sotion in several days took place. During the previous night the outposts near the waterworks had some difficulty with the natives and as daylight approached fring became general along the front of General Hale's brigade. The insur. gents were in strong positions near Santolan and refused to budge until the infantry was aided by the artillery. The Nebraskaas, Colo- rada, Wyomings, four guns of the Utah battery, and two companies of the Oregons, together with four companies of the 20th Regulars in reserve, made a very respectable battle front. After three hours of hard fighting the insurgents
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