Page
August 7, 1905.]
Mr. Gedge-That being so you thought you were exercising ordinary cats in leaving this jewellery which you valued, on your dressing table.
Witness-I never thought about taking care. Mr. Gedge-Did you tell Detective Clive that you could not remember whether you had seen your box the day before the robbery?
Witness-Yes.
His Honour-When do you think you last Eaw it?
Witness-I know it was there on the 20th, and both amah and boy said it was there on the 21st.
Mr. Gedge-1 contend that an innkeeper would not be liable for loss if a guest did not use ordinary care such as a prudent man or woman would exhibit. Leaving articles of jewellery about in a common silver box without a lock is an act of carelessness. The plaintiff might have locked the jewellery up in her trunk, or have procured another receptacle in which to lock it. It has been held that where an innkeeper gives notice that he will take charge of all valuables, he is not responsible for any loss should advantage not be taken of his offer.
He said A clerk in the hotel was called. notices were posted in all the rooms but he could not say that one was in Mrs. Bell's room at the time the theft was committed, nor could he say one was exposed in the hail.
The Puisne Judge intimated that he would like to hear Mr. Beavis on the question of contributory negligence.
Mr. Beavis s ated that under the heading of contributory came the question of notices.
The Puisne Judge-There is no evidence of notices.
Mr. Beavis-It is for my friend to prove negligence.
Mr. Gedge-I am taking it on your own vidence.
Mr. Beavis Then deal with the position of the plaintiff as a guest.
Mr. Gedge-Every person in an hotel is a guest unless he has a direct agreement with the innkeeper which relieves him of his responsi. bility. The defendant made an arrangement with the plaintiff in connection with another business whereby he provided her with free board and lodging.
no onus on the
Mr. Beavis contended that it was a question of fact, and depended entirely on what view the judge took of it. There was plaintiff to lock her door.
In summing up His Honour said-It appears that the plaintiff was employed by the defendant, and that part of her salary was fres board and lodging in an establishment belonging to the defendant. Under the circumstances there is a doubt about her standing as a guest. On the question of contributory negligence the fact that she was in the habit of leaving her jewellery about was sufficient to prevent her succeeding in this action. Judgment for defendant with costs.
Friday, 4th August.
IN SUMMARY JURISDICTION.
CHINA OVERLAND TRADE REPORT.
CANTON NOTES.
FROM OUR CORRESPONDENTS.
CANTON. 27th July, THE SHAMEEN AFFAIR.
The
of the
I wired you about the affair which took place at the Shameen on the morning of the 25th instant, and now take the opportunity of send ing you further particulars. The man who was killed was a workman in the employ of a con- tractor engaged at some European houses on the Shameen. This contractor has, altogether. thirty to forty men working for him. deceased, it is alleged, was a very lazy individual, and had been absent from his work one or two days previous to the occurrence. He then came to demand his wages. His master, the contractor, ordered him to depart from the premises. Deceased is said to have then shaken his contractor. who fist in the face of the slapped and kicked him for his insolence, rupturing his spleen-another case Chinese spleen. The contractor ran but afterwards surrendered himself to the Shameen police. In the afternoon the Namhoi Magistrate sent a deputy to the Shameen for the purpose of holding a post mortem examina tion. This took place in the open air, being attended by about fifteen Europeans and twice as many Chinese. The Shameen as a rule is so dull that any occur.euce such as this stirs up the whole community. The result of the examination has not been made public, but what is known is that the contractor is to underg his trial. Both deceased and the contractor being Chinese subjects the case will come before the Chinese court, with the British Consul or Vice- Consul sitting with the Magistrate, as the affray took place on the British concession.
CHINESE APPRECIATION OF CHEV. TOLPICELLI'S WORK.
away,
The following is a translation of an article appearing in the Canton newspaper Yeong Shing Po of yesterday's date:---
ou the
The pamphlet containing essays subject of inflicting tortare for the purpose of extorting evidence "as translated by Cher. Volpicelli, the Italian Consul for Canton, exposes all its uselessness aud barbarity, and acts as a good medicine to China. He had already made up au essay incorporating all the general ideas on this subject and sent the same to us last year. He is now having it printed in pamphlet form and again presents us with We have always been of the opinion that of all the uncirilised methods in the Chinese
one.
criminal code, none are more cruel or base than
the rule which allows the torturing of litigants for the purpose of obtaining evidence. Now that the ministers appointed to amend the criminal law have memorialised the throne to abolish all torture during the course of a trial, which memorial has been granted, and ordered to be carried into effect, this pamphlet by Chov. Volpicelli shows that he all along has been actuated by heartfelt and sincere love for our country. We, therefore, record these few words for the purpose of announcing our gratitude.
THE WEI SHING LOTTERY AT HONGKONG.
Apropos the Viceroy's proclamations re Berors Mr. A. G. WISE (PCION■ JUDGE gambling, I shall like to say a few words
KONG LAM KEE U. CHEUNG SING CHRE, The plaint.ff claimed from the defendant, the owner of a number of houses in High Street, a sum of 329.55, being balance of amount due for whitewashing 44 shops containing 90 storeys
at $1.28 per storey.
The defendant admitted that there was
balance due to the plaintiff, bet contended that the price arranged between them was 80 cents per storey.
After hearing the evideuce His Honour gave judgment for the amount claimed and costs.
The Chinese have acquired enough knowledge of trade abroad to raise prices to the full extent exchange alterations jutify and to take full advantage of the competition between foreign firms: but, says Consul-General Fraser of Han- kow, they do not seem yet to have realised that China has not the monopoly of any of the staple exports, and that greed for high prices is apt to kill the local demand, especially when coupled with false packing.
about
i
the Wei Sing lottery. and the sale of Wei Sing lottery tickets in Hongkong The Wei Sing lottery monopoly was formerly let to the Wang Fung Company, now in bankruptcy, and has since been secured by another syndicate. According to recent evidence in the Supreme Court at Hongkong the Wang Fung paid about $1,000,000 per annum for the exclusive right to run the lottery in the Kwongtung Province. whereas,
as far as I can gather, the new syndicate is paying only from six to seven hundred dollars. Most of the capital of the Wang Fung appears to have beeu subscribed by gentry at Hong. kong, very prominent members of the Chinese community, too, who have been very "hard hit" by the failure. There appears to be an extensive sale of Wei Sing lottery tickets in Hongkong though by whom I do not venture to say. In reading a report of a bankruptcy case in the Hongkong Supreme Court recently I noticed that a debtor who, amongst other things, happened to be a shareholder in the Wang Fung Company, stated that though the Wang Fung Company had kept a small office in Hongkong it was not
|
85
for the sale of tickets but so that the Canton office of the company might be in close touch with the Hongkong shareholders. However true this may be, a little incident I am going to relate will clearly prove that there is a big market, I might say, a very big market, in Hongkong for Wei Sing lottery tickets, in spite of the fact that the detective forca in your Colony has been increased, as I understand, to about seventy members, or nearly doubled, since the great Hongkong gambling scandal. The fact is, or at any rate I have been so informed, that the Macao Wei Sing Monopoly (farmed out for $860,000 a year, and in the hands of Lo Kan, in the name of his nephew) and the Canton Wei Sing Monopoly, both granted at the hands of the Viceroy, are about to amalgamate so as pot to be cutting down rates on the Hongkong market! The method. I am told, of successfully evading the Hongkong authorities is to send tickets to the various hongs, regular customers, as ordinary letters, and the members of the respective firms divide the tickets up. In this connection the Hongkong slenths of justice will have to sharpen their wits. Perhaps Chief Detective Hanson will be thankful for the "tip."
!
}
THE KUE YAN DEGREE.
Still on the gambling subject, the present monopoly is made all the more valuable by the fact that next year there will be a big examina tion at Canton, the examination for the Kue Yan degree. Canton will then be all bustle, and all sorts of gambling will be in full swing.
MESSRS. A. S. WATSON'S BRANCH.
Mr. Sutton, who recently relieved Mr. LawW% as manager of Messrs. A. S. Watson & Co.'s Canton establishment, is already very popular here; and everybody, too. likes Mr. Maxfield. his assistant.
Canton, 28th July.
THE EMPEROR'S BIRTHDAY. 10-day is the Emperor's Birthday, and the Chinese are observing the event, as, in my recollection, it has never been observed before. The day, indeed, is being regarded much more as a public holiday than heretofore.
Many factories have given their men the day off, with the result that the streets are crowded on the spree." with labourers
The Barbour presents quite a gala appearance. bunting flying in all directions. As I look from my window the following steamers strike me as very pretty in their Sunday-go-to-meeting" attire the British river steamer San Cheong, the French river steamer Charles Hardouin, the French gunboat Argus, and the German gunboat Tsingtau.
All yamens are closed.
I hear that the Electric Light Company in their contract with the Viceroy will have to supply all illuminations on such occasions as these free. To-night, Canton City will, in parta, no doubt look very pretty.
CITY IMPROVEMENTS. The Viceroy has ordered that Sanitary Boards be appointed for the different distriota in Can- ton, in imitation, perhaps, of that very excel- lent institution in Hongkong. The Viceroy is. indeed, a progressive man, and this latest ides of his is bound to be of far-reaching benefit. Though it may come as a surprise to many of your readers, I would say that in many respects Canton is just as modern as Hongkong. It as its electric light, for instance, and its own system of telephones. And whereas yon in Hongkong pay $100 per annum for your telephone, we pay 348, though I believe the rate is to be increased to $50 per month. So far the Telephone Com. pany has been able to supply only about 300 installations, though there must be at least 500 applicants.A Japanese manager is at the head
of affairs.
The great trouble in Canton is the narrow- ness of the streets, and this is a very hard nut I should like for progressive officials to crack. to see the Viceroy order that some of those stagnant pest holes, where the Chinese fatten fish for the market, be filled in. Considering that the fish are fed on the vilest filth, thes must be a source of much pestilenos. The sewers, of course, are practically open, running under the middle of the streste, as the heavy granite blocks forming the roadway have gaping cracks in between. The new Sanitary Boards will have to be very careful how they treat this subject, for if they took away the
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