OD,
February 8, 1904.]
CHINA OVERLAND TRADE REPORT.
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Mr. Slade said that when a plea of privilege was made the onus fell upon the plaintiff to prove express malice on the part of the defen. dauts. They said they were privileged because of the relation between the three purties-the defendants, the plaintiff and the man to whom this communication was made.
His Lordship stated that would require pro f of the alleged privilege.
Mr. Slade said he would call evidence to prove that ever Company he had systematically squeezed the since Elvios joined the Dock watchmen and that he received money from the Chinese sweepera.
Evidence was then given.
At four o'clock the hearing was adjourned until Monday next.
Wednesday, 3rd February.
IN PROBATE JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM M, GOODMAN (CHIEF JUSTICE).
A FORGED WILL.
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SPORT NG ́NOTES.
(Daily Pess, 30th January.)
115
The return match between the H.K.C.C. aud the Garrison takes place on the Cricket Ground played on the 14th November, when, after all at noon to-day. The first game this season was
prospects were deemed in favour of the Club, the Garrison, thanks to execrable fielding on the part of the r opponents, ran up a score of 178 (Capt. Radcliffe 74. Li ut. Smith 29, Lieut. Hodgsou 20) and g t nine Club wickets down for 141. Theu came the sensational stand be- tween Mast and Lowe, which stands out amid the features of the present season. In a bad light both batsmen hit the military bowlers all over the field. brought the scores level, and went on nutil 196 was reached, when Lowe was caught and bowled. Mast carried his bat for 43 and was chaired into the pavilion. We can look for no such excitement to-day, but the game shou'd be worth seeing. The Garrison has six out of the XI. who so nearly prov-d successful in November, and of the other five some are almost new to the Colony. I should saying that Corporal Bradford, A.O.C., left mention, by the way, that I was in error in
on the Dilwara. He is still here to take ly an experimental one, though it wickets. The H.K.C.C. side to-day is decided. tains a 1t of all-round strength.
Con..
On the football field the Rugby game between, the Club and H.M. Albion will be the chief
we have stopped giving him any more money or cumshaw when every new Indian is taken he has turn on us and does his attermost in getting us into trouble and make such lising reports about us to you. Therefore, instance the No. 3 has lent him $300 and more and Mr. T, Elvins promised him he will look after him and do him a good turn, and that is how he does it the swindler after has got te money. Mr. Wilson, Mr. Wilsou, sir, we are very sorry to tell you this but we can't help it. Mr. Elvins has driven us to it, that he the said Mr. T. Elvius has been receiving bribes of $20 to $30 from the sweepers of the yard for allow ing them to carry off the sweepings to the dust- bost from the shop with cut ings of brass, iron and steel. This can be proved if you will take the trouble and see it for yourself and also he receive bribes from the night-soil men that carry the soil out of the yard in the morning by allowing them to do the same. He charged the one, the other day, for stealing brass from the moulder sh p because the ooolies did not give him any money; the case would not have been heard of it of if he had got the money he wanted from the man by his Chinese detective. That detective was a bad man, Mr. Wilson, same as Ah Mau, all the time squeezing money himself. In Ho Kam, alias Ho Nai Kam, against Ho As for Mr. Elvin where his wife got so many Nai Cheong, plaintiff. prayed to have the letters fancy and new dresses-a new dress every other
of administration with the will annexed of the day-all from the money he got out of the pretend d will of Ho Lin Shing. his father, Indians and what squeezes he got from his deceased, dated 12th July, 19 3, revoked and the Chinese detective Mr. Wilson, do you allow willd clared null and void; and to have letters of Mr. Gomes to interfere in the office with what administration granted to him. Hon. H. E. the Indian watchmer doing and saying what Pollock, K.C.. barrister-at- aw (nstructed by for yon report to Mr. Wilson, Portugese Mr. R Harding, of Messrs. Ewens and watchmen no good; bye and bye al belong Hurston, solicitors). app ared for the plaintifferent, Portuges, Indian men all finished; also Mr. It appeared that the father of the plaintiff, Silva of the boiler shop has been interfering Ho Lin Shing, died intestate on 12th October, also with the Indian too. Thi、 is Mr. Elvias 1899, on board the ss. Konghing on his way to doing, teaching them what to
Canton. Letters of administration were granted say and against the Inditu and by and bye all the to his widow, Lau Shi, in Macao. Ho Lin Indian will leave and get the Portugese instead. Shing left property in Hongkong. uamely the No. 3 watchmen ein tll you this what they Yee Wo pawnshop in Hollywood Road, and no have been saying. Mr. Wilson, if things do administration was applied for. Plaintiff with not change we will have to resiga and let Mr. a manager was in charge of the shop, and had Elvin gat all his Portugese. It will pleas him been so ever since. One of the younger sons, and his wifo will be able to ride in a carriage the defendant, waited to borrow money, and he and pairs and the Company then will see how offered his share in the pawnshop for security, they like the Portugese. There is no other but the friend whom he had "pproached in the Indian will come to this employment and it is matter found that the shop was registered in the so hard to employ them, because it is known all name of the plaintiff and the manager, and told over Hongkong the rascally way Mr. Elvins him he could not accept his share as security. treats his Indian watchmen. PS.-We all the The friend suggested that he might get over the watchmen are ready if you want to swear us difficulty by making a false will and applying that he always wants bribe from us, and if not for probate of his father's estate, and said that please get him to swear when he was sick living if he agreed to this he would make the will for at Tsim Sha Tini he called three of us in th him. Shortly afterwards he was taken to a house and asked us to give money or if not solicitor's office and was asked to sign the when he rejoined he will send us away. Then petition for probate of the false will and we three men veut in his house and paid him also to sign some other documents. Letters $10". You want man who may speak English of administration were granted as a result. but when one is employed Mr. Elvin do Defendant was then introduced to a dismiss him because he says that any mai
clied Lam Tan 1 hiu, and it was arranged who speaks English do not do his duty that he should sell two-fifths of the business to properly, and to you he reports that no In-him for $310, He signed a contract to that dians able to speak and understand English effect. Laman Chiu instead of becoming the and therefore he keeps Portuguese on gates.
purchaser himself got a woman called Lam Shi Portuguese will never do as good duty as to purchase this share of the business. She Indians." In consequence of the defamatory subsequently issued a writ against defendant expressions contained in the latter plaintiff had for a dissolution of partnership and for the been and was greatly injured in his cre lit and taking of an account of the pawnshop. Of this repatition and has been suspended by his matter plaintiff came to know and took these employers until he could clear himself from the proceedings accordingly. charges which the defendants made against him in the letter. Plaintiff claimed $500 damages.
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In their statement of defence the defendants admitted that they wrote and published to Mr. W. Wilson, the manager of the Docks, the letter complained of, but pleaded that they did so without malice, and bona-fide believing all the statements cont ined in it to be true. It was the duty of the defendants and to their common interests and those of the Company for the defendants to make complaint to and request investigation by Mr. W. Wilson of the matters set out in the letter. They also pleaded privilege.
man
His Lordship after bearing counsel aud witnesses, granted the petition, with costs.
at the Admiralty -Captains.-F. G. Kirby, to The following appointments have been made the Leviathan, to date Jan. 11; the Hon. W. G. Stopford, to the Glory, as Flag Captain to Vice- R. W. Bentinck, to the Glory, to date Jan. 7, Admiral Sir G. Noel, undated. Commander.- and for special service on recommissioning. Lieutenants.-C. P. Metcalfe, to the Kinsha on 'recommissioning; F. J. B. Gibson and G. B. Alexander, to the Waterwitch, J. O. Barron. to the Eclipse, additional, G. Bashford, to the Amphitrite, R. A. Wilson, to the Talbot. H. L. Shephard, to the Glory, A. D Graut, to the Gressy, R. D. Foster-Forbes, to the Tamar, for the Virago. Staff Paymaster.-A. R. Parker, to the Clory, as secretary to Vice-Adm. Sir G. to be true Noel to date Jau. 15. Assista t Paymasters. it W43 not for the plaintiff to prove J. P. Rateliff, G. B Osborne, ... T. Johnson negatively that he had not committed certain and C. Prior, to the Glory, as secretary's clerks
orrupt or fraudulent acts.
to date Jan. 15.
Hon. Mr. Pollock said i was for the defend- ants to begin as it lay upon the party making defamatory statements regarding another in such cases to prove the truth of these statements if he con.d, or if he tried to justify them by saying he believed them
C
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As the former's three-quarter line is quile problematical (the departure of Barnes being severely felt). it looks as if the naval men will have to be beaten forward if the match is to be saved. But, of course, Messra" S. O. Else audA. N. Other" may surprise their com rades. Turning to the Association game, the last day for the first round of the Shield, but Cressy and R. E, teams should meet to day, the the Gressy is still up north. It has not yet been allow the Cressy to play. Otherwise the draw dec ded whether to extend the date 80 as to
for the second round will be as follows:-Albion V. Tamar, Leviathan v. R.A., H.K.C.C. v. Ocean. Sherwood Foresters v. R.E., the first- of ground. named club in each case having choice
This week's hockey has been interesting. On Monday the lab lost to the Ocean (0-2); on Wednesday the 93rd Burmas beat the Ocern (6-3), while the Club was defeated by the Albion (1-2); on Thursday the Vengeance beat the 93rd Barmas (1-0); yesterday the Club lost to the 93rd Burmas (0-1). The Club team has been much weakened lately, Barnes going to India, and Chater, Hooper, and Davies being on
the sick-list.
Ten entries have been received for the Hockey Cup. The following is the draw:-
114th Mahrattas
H.M.S. Vengeance
93rd Burmas (II) bye
110th Mahrattas
93rd Burmas (I)
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H.K. Hockey Club H.M.S. Albion H.M.S. Ocean H.M.S. Leviath n The first round is to be finished on or before
H.M.S. Centurion
the 10th February, the second on or before the 22nd February.
I mentioned a short time ago that a Cup presented by Mr. T. C. Gray had been put up for competition among the members of the Hongkong Club bowling team, Six of the eight compe'ed, and the result was as follows :----
1. F. Maitland 2. E. H. Hinds 3 J. Hooper
4. J. W, C. Bonnar 3. C. P. Chater 6. J. F. Lee
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1503
•
1467
1438
1422
1386
1272
A second ight is practising hard for a match v. German 2nd VIII, the match coming off soon. Probably after that the German Club will again challenge the Club for the Shield.
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