TASSALESKA DIFTALENSAHELANTA
30
CORRESPONDENCE.
[We do not hold ourselves responsible for the opinions expressed by our correspondents.]
HOUSE COLLAPSES.
TO THE EDITOR OF THE DAILY PRESB." Hongkong, 31st December. SIE,-Being one of those unfortunate_beings who have to live in houses built in this Colony, I have perused with some interest the long letter addressed to you by a juror in the late manslaughter case. Not having been present in court when the case was heard, it would be absurd for me to ocntrovert the facts stated by your correspondent; but I think it only fair to those who have to employ contractors to point out what I deem to be a fallacy in the argu- ment adduced by Mr. Gibson. He appears to suggest that because, in his opinion, the house that collapsed received "scant treatment at the hands of so-called overseers (presumably he means the Inspector of Buildings) the law relieves the contractor of the liability laid upon him of complying with the Building Ordinance, and he asks If the law has been made, whose duty is to see that it has been complied with ? Surely somebody's." I ask: Was not that some- body the contractor in the case to which be refers ?
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19
Supposing the Inspector of Buildings not to have discovered that the contractor had failed to comply with the Building Ordinance, surely this does not, either in law or in commonsense, relieve the contractor of his liability. Were this rule to be followed, the failure of the police to detect the anthor of a crime might be said to be a justification of the criminal.-Yours,
OLD RESIDENT.
eto.,
THE HONGKONG WEEKLY PRESS AND
THE CURRENCY QUESTION.
TO THE EDITOR OF THE "DAILY PRE 38.' Hongkong, 8th January. SIR, -It was with no little surprise that I read the account of the special mesting of the Committee of the Hongkong General Chamber of Commerce, held on the 23rd Decembar, and found that, at the end of an interesting, but very far from exhaustive discussio, it was decided not to call a special general meeting to consider the currency question. The Chair. man, I 833, said: "To my idea, the ohief objection to the Committee cilling a genera meeting of members is that in all probability no one will come forward with any well-thought out scheme or proposals, and that the meeting will only result in some general desultory dis- qassion which would not only not tend to further matters but would probably be productive of harm, and might create a bad impression." This is a poor compliment to the intelligence of the members of the Chamber, and I should like to ask why they should not be capable of thinking out proposals or discussing otherwise than desultorily the most important question which has ever arisen in condection with the trade between Hongkong and China? My personal opinion may be worthless, but to me what looks likely to do harm and create a bad impression is any attempt to burke the discus- sion of this question. I appeal, not (I hop2) altogether in vain, to those who wish to see this momentous subject openly and fairly dealt, away from the shadow of overwhelming in- terests, to do what they can to rescue it from being consigned to oblivion. Even if we suppose that no conore'e proposals will be formulated by a general meeting of the Chamber of Com merce, we shall at least get tangible arguments. The case of the Silverites was ably presented on the 2ård ult., but the other side was apparently overawed by the talent against them. This is ng fair field, and the decision of the Committee is not a correct representation either of the Fiews of the whole Chamber of Commerce or of the commercial community at large. Yours, etc.
SUPREME COURT.
Tuesday, 6th January.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. WISE (PUISNE JUDGE).
SEQUEL T), A COMPRADOre's fraudS. The hearing was resumed of the case in which the Tysing shop claimed from Messrs. Lauts, Wegener & Co. the sum of $1,125, restricted to $1,000, as damages for the non-delivery of 100 cases of beer, being part of 200 cises purchased by the plaintiffs from the defendan's and paid for on 23rd June, 1902, the other portion of which, namely 100 cases, was taken delivery of by the paintiffs on or about 30th June, 1902.
Mr. J. Ha tings of Messrs. Deacon and Hastings, solicitors, appeared for the plaintiffs, and Mr. G. C. C. Master of Messrs. Johnson, Stokes and Master, solicitors, for the defendants. Mr. Master said he desired to ask an adjourn- It was apparent that the ment of the case. case was going to turn on the position of a compradore towards his principals, and he desired the adjour. ment to allow him to call Mr. Lauts, who was at present in Swatow.
Mr. Hastings objected to the adjournment. The defendants had known all the time what If they their defence was; he had not, required Mr. Luts's evidence they could have asked for it before; he did not see, after all, that Mr. Lauts's evidence would elucidate this They knew what compradores tatter at all. were in this Colony and what were the lines of their dealings with Chinese customers o. firms; and he could not see how any evidence given by Mr. Lauts could alter the customs.
His Lordship said they had had no evidence from the plaintiff side as to any custom at all.
Mr. Hastings replied that his point was that his clients had been dealing with the compra- dore for years, bying goods and paying him
the money.
His lordship remarked that the defendant firm said they knew nothing about this matter.
Mr. Hasting contended that if a man who had had authority for years to make sales dis- obeyed his inst uctions and sold at the wrong price, t at did not take aw y his authority with regard to the people with whom he was dealing. Mr. Master stated that he wa: goi g to show that this compadre, as with compradores in general in Hongkong, had no anthority from their p incipals to take any contract without getting the principals' authority and couseut and he proposed to show his Lordship that in each case a delivery order was always made out and that that was the way the compradore brought the deal to the notice of the firm. What the compra ore put on afterwards could not bind them. He again asked aojournment.
for an
His Lordship allowed an adjournment sine die. with liberty to the plaintiff to call rebatting evidence; question of costs reserved.
The Court adjourned.
Weluesday, 7th January,
IN SUMMARY JURISDICTION.
BEFORE HI: HOYOUR A. G. WISE (PUISNE JUDG?.)
A REBUFF FROM THE BENCH.
A case was called in which Tam Tso Pai, coutractor, sued another contractor, Tse Chau Tsung, for the sum of $379 51, being principal and interest due upon a Chinese promissory note; there was als a cross-action for $185.36 in respect of wo k done and materials su plied. Mr. E. O. Pontifex appeared for the plaintiff in the original action and Mr. Paget Hett for
the defendant,
Mr. Pontifex said he desired to ask his Lord- Mr. ship for an adjournment till 11 o'clock Harston, who had charge of this case, A. P. A.
of
the
The London Gazette aqnoqaces that the King has been pleased to approve appointment of Charles Wedderbarn Dick son, Esq, to be an unofficial member of the Executive and Legislative Councils of the Colony of Hongkong,
was engaged at the Police Court on a case which had been adjourned from the previous day. He himself had uot gone into this case and was unable to go oa with it.
Mr. Helt said he had no objection to an adjournment.
His Lordship-But I hare; the case is fixed for a quarter past ten.
(January 12, 1933,
Mr Pontifex-Mr. Harston could not really help it. This case at the Police Court was adjourned in the afternoon till this morning.
His Lordship-I don't care twopence about the Police Court. It has not been the custom here to adjourn cases because of Police Court proceedings, and I am not going to begin it now, As a matter of fact, Mr. Harston, instead of being here to conduct this case, is earning money somewhere s'se.
Mr. Pontifer-But, your Lordship-
His Lordship-I cannot grant the adjourn- ment you ask for. The case will go on next Friday's list.
Mr. Hett-And the costs of the adjournment ? His Lordship-You are entitled to coats for this appearance.
The Court adjourned.
Thursday, 8th January,
IN ORIGINAL JURISDICTION,
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
A WORD TO THE BAR.
In the course of yesterday's sitting of the Court, his Lordship said he desired to make it known to the legal profession that he greatly disapproved of the applications which, for the convenience of solicitors or counsel, were so often made for the postponement of the hearing of cases which had been set down for hearing on certain days, and after arrangements had heea made by the Court to take such cases on those days. In future he would not allow any such postponements unless very strong grounds were shown for his doing so. such applications were made in the case of ap- peals, after the Judges had arranged to sit to gether so as to form a Full Court for the hearing, they caused grave inconvenience, as the Judges had to make their arrangements ɛome time beforehand.
The Court afterwards adjourned.
When
THE MURDER OF MR. EVANS.
At the Magistracy on the 6th inst. before Mr. F. A. Hazeland, Wong Kwai and Wong Lin were charged with piracy on the Canton or about 12th November last, and River on pleaded not guilty. Mr. F. J. Badeley, Captain Superintendent of Polios, conducted the pro- secution.
The piracy referred t› was that which involved the shooting and subsequent death of Mr. Evans, for many years constable to H.B M. Consul at Canton. The facts of the case are related in the statement madet o the police here three days after the event by Pang Chun, master of the pirated junk I Hop. He said that about 7 p.m. on 12th November, whilst on the way from Canton to Hongkong with firewood, aud when off Foo Mao, in Chinese waters, three men each rowing boats containing twelve attacked the junk, which the pirates boarded; they were armed with muskets and revolvers. Several shots wee fired, and the crew of the I Hop, including the master, went down into the hold; an European passenger (Mr. Evans) was wounded in both legs. The junk was then ransacked, and the robbers made off with the following property:-$100 in ten and twenty coat pieces, and a quantity of Chinese jewelry, consisting of gold finger-rings, earings, and bangles, of the value of about $2 0); tofal value, about $350. Pang Chun concluded by saying that the robbers could not be identified.
The authorities here set to work on the case, and on New Year's Night, in Kowloon, arrested three men, the two defendants and another, who turned King's evidenes.
This man, who is named Tam Tai and is
employed on a marriage-boat at Yaumati, was placed in the witness-box and said that on a certain night in November last he was in a boat at Taiping with the second defendant and two others, and the second defendant asked him to go to Tai Sha to rob a certain rice-junk. All four went, although witness was at first un- willing. They proceeded to Shak Tong Sha and waited for two other boats, in which there were eight mon-three in one and five in the an the other. The plot was exp'ained other two boats agreed to join forces with the first. Tai Sha was reached a little before six
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