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satisfied himself in any way of the foreman's experience, whereas it was his duty to have satisfied himself in some way. Again, he appeared to bave known perfectly well that this contractor was patting in bad work, and that should have made him specially careful. He also sent the notice to inspect, so he was the member of the firm who had to satisfy himself that the buildings were in a fit state to be passed. But the different members of the firm tried to get the contractors to put in good work by making them take portions of the buildings down, and so on. In considering Mr. Bird's liability the jurors should bear in mind that although the bonding was quite bad in some parts of the wall, it was quite good in other parts, The jury then retired, returning into Court after an absence of forty minutes, when the fore- man (Mr Austin) announced that
They found that death was due to a collapse, caused by the typhoon of 27th-28th July.
They were not unanimous with regard to the question of gross negligence, two being of opinion that there had been gross negligence on the part of Mr. Bird, while the third held that there was negligence, but not gross negligence. They were unanimously of the opinion that Mr. Tooker committed a serious error of judg- ment in passing the house and issuing the certificate.
His Worship-Regarding the third part, I don't know whether I ought to record it, my reason being that Mr. Tooker is not here to give any explanation of his conduct, and I don't understand clearly why you wish to censure Mr. Tooker without any reference to the architect who supervised the greater part of the work. I mention this because I referred to the fact that Mr. Turner was not here, but did not refer to Mr. Tooker,
The Foreman-That is our opinion from the evidence brought before us. There may be
evidence to be heard on the other sida.
His Worship-Two out of three jurors bav. ing found gross negligence on the part of Mr. Bird, I don't think I can say there is no case. It is my duty to commit him.
His Worship then committed Mr. Bird for trial on a charge of manslaughter, allowing bail in his own recognizances in the sum of $1.000.
JAPAN AND THE AMERICAN FLEET.
In response to a petition received from American residents in Japan, the Authorities have given instructions that no geisha are to be employed to attend on the sailors of the Ameri- can Fleet,
As the day approaches for the arrival of the Fleet Japanese Press is enthusiastically anticipa. ting the event and the keenest interest is being manifested by the general public.
REMARKABLE JAPANESE IMPERIAL RESCRIPT.
A remarkable Imperial rescript was issued on the 14th inst. It states that in view of the unceasing advance of oivilisation it is the wish of the Emperor that while strengthening the relations with the other powers Japan should share fully in the benefits of general improve. ment and in order to keep pace with the constant progress the development of the national resources are of the greatest importance. The recript adds that it is the desire of the Emperor that all classes should act in unison and avoid ostentation and inare themselves to arduous toil.
KOREAN PILGRIMS KILLED
BY JAPANESE PATROL.
THE HONGKONG WEEKLY PRESS AND
A Japanese patrol, it is reported, has killed a number of Korean pilgrims. The pilgrins, to the number of thirty-four, at the outset of their journey to the temple, informed the Japanese gendarme of their intention, but the troop understanding that the Koreans were insurgents attacked the village inn and killed twenty-one.
The "Jiji" condemns the precipitate action of the troops in slaughtering unarmed men and demands an investigation and the payment of compensation.
SUPREME COURT,
Thursday, October 15th.
IN SUMMARY JURISDICTION.
October 17, 1908,
AMERICAN EXPORTS TO THE FAR EAST.
The figures of the staple United States axports to China for the fiscal year ending with last June do not, says the “Journal” of the American Asistic Association, make very cheerful reading. The total of cotton piece
BEFORE MR. H. H. J. GOMPERTZ (ACTING goods has sunk below even the figures of 1907,
PUISNE JUDOR).
A DEFENDANT'S ILLNESS. When the case of Sang Cheong and Company 7. M. Christie was called Mr. J, H. Gardiner, for the defendant, asked for an adjournment as his client was too unwell to appear. He would produce a medical certicate.
Mr. Otto Kong Sing, on behalf of the plain tiffs, objected. He said that the money had been owing his clients for two years and the writ had been issued more than a month.
Mr. Gardiner explained that his client was too ill to appear before and a medical certificate to that effect was produced.
Mr. Otto Kong Sing explained that when the writ was issued Mr. Reginald Harding had the case and Mr. Dixon appeared for him and asked for an adjournment. An adjournment had been granted and then Mr. Gardiner took up the case and also obtained a further adjourn ment. It had been going on for a fortnight.
His Lordship thought it would be rather unfair to have gone on in face of the medical certificate.
Mr. Otto Kong Sing admitted that it would have been so at that time. Again his friend came into court and asked for an adjournment. Perhaps the woman was ill, but after the writ she was in his office.
Mr. Gardiner-She has not been in your office since then ?
His Lordship-I don't see how I can go
bebind a medical certificate.
Mr. Otto Kong Sing-That was last Friday. Mr. Gardiner-I have asked for another medical certificate. I understand Dr. Belilios will attend to-day.
His Lordship-If that certifoste is put in I think the defendant is entitled to a further adjournment.
Mr. Otto Kong Sing-If this certificate is not produced I would ask your Lordship to
take it to-morrow.
Mr. Gardiner-Sabject to the certificate being produced then your Lordship will not allow costs, simply the costs in the case, not the costs in this adjournment.
Mr. Otto Kong Sing-You must pay that in
Any 0888.
Mr. ardiner-No.
Z
being produced I will postpone it to-morrow His Lordship-Subject to the certificate If it is not filled I will deal with it.
Mr. Otto Kong Sing-My client is entitled to the costs of to-day.
His Lordship-It is not the usual practice. Mr. Otto Kong Sing-In any case I am entitled to the costs of this adjournment,
Mr. Gardiner-That is for the Registrar. His Lordship-I will put the case in to- morrow's list.
AN INGENIOUS DEFENCE.
Lo San Ting sued the Ying Tak Lang for $152. Mr. J. H. Gardiner appeared for the plaintiff and defendants were represented by Mr. Morrell,
Mr. Gardiner explained that the plaintiff, a very ignorant man, came to Hongkong with the intention of proceeding to Balias Cruz. He sked the defendants' manager to procure a ticket for him, handing him $160 which was all the money he possessed. Defendant added 820 to this in order to make up the nec8888/Y $180. The ticket was obtained, but as defen- dant was not passed by the doctor, the money was refunded. He asked the defendants to
retain the money for him, drawing only $8. When he subsequently asked for the money he could not get it, though defendant admitted at a meeting of the Sunning people that he owed the money. Later he offered $27, holding the remainder as he wanted to pay the costs of his solicitors, Messrs. Goldring, Barlow and Morrell.
and the indications of improvement are still of the most slender character The export trade as a whole reveals totals of a low depressing character, That is to say, the exports to the Chinese Empire for the fiscal year 1908 were valued at $22,349,671, against $25,704,582 lant year, for Hongkong they were $8,975,161, against $8,332,208 in 1907. It is true that since 1904 the total of our exports to China has considerably exceeded these figures, but there is some comfort in the reflection that a restoration to normal dimensions of the exports of cotton piece goods would bring the annual total to an amount hitherto unexampled. The importa from China show a decrease under the figures of the last four years, but still stand at the fairly satisfactory average of $26, 20,922. With Japan, on the other hand, our entire trade shows a gradual increase, and, when sooount is taken of the exports which figure in the returns as destined for "Japanese Chins," a very subtantial increase. To Japan proper the total of the exports for the fiscal year 1908 is $41,432,327, against $38,770,027 for the preceding year. But the exports to the Liao-tung Peninsula account for another $8,198,896, against $1,542,841 for 1907, and only $21,512 in 1906. The imports from Japan are some $800,000 less than they were the year before, the total for 1908 being . 868,107,545-two-thirds of which are accounted for by American purchases of silk in Japan.
A FAR EASTERN MEDICAL ASSOCIATION.
One result of this year's Medical Congress at Manila has been the formation of a Far Eastern Medios! Association," its object being to bring together all legally qualified medical men practising east of Sues (not including India). A council has been formed consisting of three American medical men in the Philip pine Islands, and all the delegates from foreign countries who attended the recent Congress. Transactions will be published and issued to members free. It is proposed to hold a bien- nisl meeting in the various colonies, and it is hoped that the several Governments concerned will favour the project. The delegates voted in favour of the establishment of this Association, with the proviso that their Governments ap- proved of their sotion. The Government of the Philippines issued a formal invitation to the President and Council of the Far Eastern Medical Association to hold its first meeting at Manila in 1910.
GENEROUS GIFT TO UNION CHURCH.
AN ANONYMOUS DONOR,
mittee of Management of Union Church at its A pleasant surprise was sprang on the Com-
Church, The Manse, and the Church Hall last meeting. Considerable repairs to the
have recently been in progress, including the
king good of a large amount of damage by July; add an item on the agenda was the question white ants and by the typhoon of the 27th of
se to how this expenditure was to be met. Mr. D. Macdonald, Convener of the Building Committee, reported that the outlay to date from Mr. B. Mitchell, stating that a member amonted to $1,142.18; and then read a letter of the Church, who desires to be anonymo 18, had paid the bill for $1,142,18, which duly discharged, was laid on the table. A complete overhaul of the exterior of the Church build. ings is about to be proceeded with as soon as the dry season is established.
The Japan Gazelle says that, although there have been various rumours to the contrary, it The defence was that the manager conducted is now, ascertained that the China Squadron the passage booking as a personal business. I will not visit either Yokohama or Kobe-until the The hearing was adjourned,
spring of next year.
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