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May 4, 1901.]
steamer was the Sobraon, and that the captain wished the Irene to stand by to receive mails, passengers, and crew. We stood by, and took on the passengers and crew.'
"How many passengers ?"-" Forty-seven. The crew, I think, numbered 213."
"How long did you keep them ? "-
"The crew were on board the Irene for five days-all the time we stood by-and the passengers for three days. Captain Wibner, of the Sobraon, slept in the cabin of the captain of the Irene."
"You wouldn't have much room left for youselves ?"-"No; we had to give up all our rooms and sleep on deck. The Coromande arrived on 29th April, and we transferred the passengers and their baggage to her. On the 30th we transferred the crew to the Coromandel and the Irene left for Hongkong at 4.30 p.m on the same day."
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Now, about the Sobraon-is she in a bad plight ?"-"I think she is. Her starboard pro- peller is gone, and there are two blades off the port propeller. There are rocks all round her, practically, and there is in particular one on the port side, with only f ur feet of water covering it. Leading right up to the place where she finally stranded are a number of reefs, and it is a marvel how she missed them, lying as they do on both sides of the course she steered. I think myself the Sobraon will be come a total wreck.'
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"What other vessels besides the Coromandel were there when you left Tung Yung ?"—" The first to come up was the gunboat Daphne; then followed the Humber. They arrived on the 29th April, and anchored inside of the Irene. When we left we took four of the Sobraon's passengers down to Hongkong."
"What do you think is the value of the cargo salved by the Irene ?"-"About £115,000."
What does it consist of "-"Well. 817 bales of silk, which I value at £120 per bale; twelve bags of silver belonging to the Sobraon; twelve bags of parcel post; and a great amount of bag- gage belonging to the passengers."
This concluded the interview.
THE SPECIAL JURY QUESTION.
In the Supreme Court on) the 2nd inst., a special jury was summoned to try a civil case, the Anglo-Swiss Condensed Milk Co. against B. Rigold and Bergmann and Melchers and Co. This was an action brought by the Con- densed Milk Company to restrain the defendant firms from selling and exporting condensed milk and from using a certain trade mark known as the "Farm Brand mark. The following gentlemen wers called as jury:- Messrs A. G. Morris, R. Cooke, J. W. Bolles, G. L. Tomlin, W. H. Ray, B. Lawton and E. Osborne. Hereupon Mr. OSBORNE, the Fore- man of the Jury, addressing His Lordship the Chief Justice, said :-
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CHINA OVERLAND TRADE REPORT. With regard to the general question, either party to a suit had, according the existing Code of Civil Procedure, the right to demand a jury for the trial of the cause. By the new code, which came into operation on the 1st July next, this right was to some extent reduced and the practice in respect of juries was assimilated to that now prevailing in England But parties would still be able not infrequently to have their cases determined by juries. When a question of this kind was raised, a Judge was in a somes hat awkward position, because he would not desire to have it imputed to him that he was jealous of the intervention of juries. On the contrary he personally was often very glad of their assistance. But he confessed he could not help sympathising with busy men like them- selves when they were taken away from their own important affairs to decide issues which, as in that case, the Court was probably fairly competent to decide for itself. in two Colonies in which he had been, St. Lucia and British Guiana, there were no juries in civil cases, and their inhabitants were quite satisfied with that state of things. He understood that the same rule also prevailed in the Straits Settlements, where the conditions were not dissimilar to those which existed in this Colony. If the gentlemen on the Special Jury panel felt strongly that they should not be called upon to sacrifice their time and their business in- terests by attending the Court for the trial of issues in civil cases, he could only saggest that they should bring their opinion on the matter under the consideration of the Governor, who could, if he thought fit, take steps to bring about a change in te law. It would not be becoming for himself in auy way to move in the matter. With regard to the particular case now before the Court he might mention that in the first instance the order providing for its mode of trial directed that it should be heard before a Judge without a jury. Afterwards one of the parties come into Chambers and asked that notwithstanding that order, the case should be tried before a Judge with a special jury. Having regard to the note of the law on the subject, he did not like to refuse the application. But he had made it a condition of granting it that each juryman should receive $15 per diem for his attendauce.
My Lord, with your Lordship's permission and with the concurrence of the other members of the jury, I should like to ask the following questions:-
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Is it necessary in the interests of justice that a special jury should be called for this case?
**Is it in the interest, and for the benefit, of the community, that we should be called upon at great personal incon- renience, and possible loss, to devote valuable time over a case of this kind? If these questions cannot be answered in
the affirmative, we would most res pectfully protest at being compelled to serve. "The case which we have been called upon to try is not one in which the interests of justice are concerned, but some trivial trade dispute which could be equally well settled by your Lordship without the aid of a jury; and under these cir- cumstances we ask your Lordship not to allow a jury in this case, or if that is not possible to direct that each of us be paid $100 a day to compensate us for loss of time and as a check upon the legalised tyranmy which members of the legal profession exercise over the leading commercial men of this Colony in their abuse of the jury system."
The CHIAF JUSTICE said he had pleasure in releasing the jurors from attendance, and he would add a few words with reference to the memorandum handed in by Mr. Osborne and the remarks which he had founded upon it.
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NEW TERRITORY CULTIVATION.
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ports with coal, and it is on the tapis that others are to follow. Anyhow, it is a certainty that New Zealand is now to supply the British- possessions in China with the greater part of its coal, not only for the use of the Govern ment but for the mercantile marine generally.
venture
THEATRE ROYAL.
Perhaps one of the greatest hits ever made is) by the Brough omedy Company was scored (from the purely humorous point of view, that when they staged The Brixton Burglary. The outline of the plot has already been published, but one must see the play to realise and enjoy its wealth of humour, its absurd situations, and its laughable denouments-following one upon the other with a rapidity and unexpectedness of merriment. that keep the audience in a continual state A good house favoured the production of the play on Tuesday evening, among those present being H.E. the Governor and Lady Blake, and party.
will shortly be made to the local Government We are led to believe that an application
for a concession over certain portions of Lantau Island in the New Territory. It before the British occupation the is well known that silver exists there, and
had taken root, but the general apathy of the Chinese prevented anything like the development of a really practical under taking. The idea is
to float a company to take over the districts where the mineral strata are said principal to be the richest, to work them as a speculation, founded upon previous reports of those having recently explored the country.
now
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With respect of the development of the arable land at Taipo, as mentioned in a previous issue, we are informed on the most reliable authority that the Shanghai syndicate is almost complete, and. proposals will shortly be made to the local Government on the subject.
HONG KONG COAL SUPPLY.
including H E. the Governor, Lady and Miss On Thursday, before another good house, Blake and suite, the Brough Company put on the boards The Amazons, a farcical romance by A. W. Pinero. The well-known figure of formers, but Mrs. Brough, Miss Grace Noble Mr. Brough as absent amongst the per and
For some time there has been considerable gossip in shipping circles in the Colony as to the supply of coal necessary for the British feet in Chinese waters, and that already pro- vided for the ordinary consumption of fuel for the world's mercantile marine passing north and south of the China Seas. For the Naval Dockyard, Welsh coal has generally been im- ported, and Nagasaki coal has been brought in for the use of the ordinary tramp as well as for the usual steamboat mail services.
and caused no end of amusement by their Miss Temple made splendid "beys," slangy phrases. Indeed all the parts were well sustained, and it is impossible for us to particularise
however, the two songs of Miss Grace Noble, We must not forget to mention, which added a decided variety to the per- formince. Mr. Leslie Victor, as the French- man, caused no end of amusemont.
CONCERT AT KOWLOON.
Choir last week at Kowloon to the soldiers and The concert given by the St. John's Cathedrai sailors met with such a favourable reception that the suggestion was made that a second concert, on a much more extensive scale, should be given to the civilian community, and the proceeds handed over to that most deserving institution, the Missions to Seamen. The suggestion was no sooner made than it was adopted, and Mr. A. Cunningham, hon. secretary of the Cathedral Choir, by whom the first concert was organised, assumed control of the arrangements connected it may be almost unnecessary to point out, are with the second venture. Duties such as those.
never light, but the hon. secretary found his task transformed into a pleasure by the ready offers of assistance and co-operation received from numerous quarters. The Hon. C. P. Chater, for instance, lent the hall, the Robinson Piano Company the piano, and Mr. Bowley (of the City Hall) the chairs, whilst the physical comforts of the recipients of all this large-hearted philanthrophy were willingly and amply catered for by other friends, who gave donations of cigars, cigarettes, Church, had a multiplicity of similarly solf- oto. The Rev. J. H. France, St. Peter's imposed duties to attend to, but with the able
assistance of sailor friends and others accounted admirably for his department. As to the concert programme-an attractive collection of vocal and instrumental items-the arranging of the part songs was left in the capable hands of Mr. C. W. Marshall. That he had done so successfully was demonstrated as the night progressed.
The entertainment opened on Wednesday evening, the 1st inst., to a well-filled hall, augur- ing well for the financial success at least of the concert. A pianoforte duet ("Mar- che Boheme") by Misses King and Chun- yat was the first item on the programme, and proved an excellent opening piece. Both of these young ladies showed great accuracy and delicacy in their touch, and inter- preted the difficult piece with an easy grace born of justifiable confidence in their ability to so interpret it. Sergeant-Instructor French From telegraphic advices which have reached followed with the song, Hongkong, New Zealand has entered the field. Earth," which he sang very pleasingly;
Queen of the and already large shipments of coal have been possesses a good tenor roics. effected, and are now on their way to China. cored, and repeated the last verse. In ad- The British Admiralty have given orders for dition to being a clever pianoforte performer, the construction of two cargo-boats which are Miss Chunyut proved herself to be the to run between Hongkong, Weihaiwei, Wel-possessor of a very sweet soprano voice, and her lington, Auckland and other New Zealand rendering of "By the River" made the audience
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