Shanghai, 15th Jan, Before D. H. Bary, Esq., Consul-General, sitting as Judge, and Mr, C. BLETHES and Captain BASsErr, Assessors.
Fav-curine v, Cuarzes A, Surru, plaintiff, Mie R. E, Watxzwnicutr appeared for the Me, J. J, Hexpenson appeared for the defendant.
The hoaring of ti was resumed from Monday morning; the evidence of Mr. Armstrong, Fan-chung, Tung A Tuck, and Captain Roberts being read over to them. gyevioue evidence read over, was re-called by The last-named witness, having heard his
it, Wainewright, and said in answer to question from hit that the measurement of the lorcha Chinkiang was 26 ft. 6 in, beam ho had measured it himself.
Mr, WarNzwnraur then wished to ask the witness some questions to rebut some of the statements made by the defendant as to the depth of hold.
Mr. Hespgnson objected to this evidence being put in, and some discussion ensued on the matter.
is Honour finally requested Mr, wright to reduce the questions to. writ and ruled that gestions might be put, subject to subsequent examination of the irony to wee if the replies obtained were in rebuttal of it, when they would be ruled out if wuch were not the case, In reply to Mr, Wainewright, Captain Roberts then said that he had seen. the patterns marked out on the floor at Faudrung's place and had seen that the measarement for amidships frame as laid down there was 10 ft. 1 in, allowing for the ceil By Mr. Hespexsos—Whe width of the hearn was measured from extreme outside to outside in the widest place in a horizontal line; he did not know of his own Knowledge that the patterns he saw were for the Chinkiang; he measured the patterns on Sunday last' by request of the plaintiff.
Mr. WAINEWRIGHT re-called Oscar Armstrong, who testified that he had shown the "patterns" referred to to Captain Roberts last Sunday, and saw him measure the amidship frames.
Mr, HENDERSON then asked Captain Roberts whether the mould of the frames must neces-continue to the top of the ship's timbers, they not stop at the point where the perpendicular begun.—He replied that ko had never known of a ship in which the frames were not moulded; he wae certain that the Chinkiang had nov straight sides, and had never seen a vessel that had.
In reply to Mr. Henderson, Oscar An strong testified that he knew the patterns he showed to the last witness on Sunday had been designed for the Chinkiang, because he was present when they were laid down.
Gri the re-assembling of the Court at 2 p.m. the evidence of Mo Sing and Sun Wun-pau was read over to those witnesses and signed by them.
answer to a remark from Mr, Henderson spoken of in the morn-ght admitted that the defendant did not know anything about them.
ing and Foa Chung was read over aut Further evidence of Tang ATuk, Tang igned by the deponents, Mr. HexpeRson commenced his summing up on behalf of the defendant, which was not concluded when the Court adjourned at p.m. gth Jan, On the Court resuming its session at 10 o'clock, Mr. Hespensoy concluded his speech of the previous afternoon, Mr. Watxewnicur then sammed up on behalf of the plaintiff, At the conclusion of that he and the Assessors "ti to look into th dence, and that judgment would be delivered at any early date, 17th January, Before D. H. Harvey, Esq., Consul-General, sitting a3 Juilge.
In Admiralty, The Barque Coxpon the Steamer "Pine ox.
Mr. Roprysox appeared on behalf of the Condor.
Mr, Drusttoxp appeared for the Ping-on, In. this case a petition has been filed on behalf of the Condor to reco the sum of 5,000 as damages sustained through a min with the s. Ping-on, and the 23rd inst.
pointed by plainti for the hoarivg to take place.
Mr, Drusstoxp now applied on behalf of
forthwith in the following terms the Pingron for the hearing to take place i Ths it may be forthwith heard ble Court; 2, That the plaintiff may lered to deposit in Court security for the amount of the defendants' claim as set in their answer; 3, That the plai to pay into Court before sum of hai sycee, auch sum to be pai ats in the event of decision in the suit being is fendants' favour, or paid back to the in the event of the decision being in the plaintiff's favour." In support of application he read an affidavit. from Capt jcCaslin, master of the Ping-on, follows:—1.—That thew the arrest of steamer suit Was served up 4th day of December, 1879, and the Ping-on left on the following day: 2. hat the tin for filing the answer was extended to the 4th bef December, the answer was filed on that day: 3.—That the plaintiff might and ought to have set down the trial of this suit for hearing forthwith, say on the 25th December, but has neglected to do so, and it is now for h '23rd January 4—That the p!. B. Blethen, is now absent from China and beyond the jurisdiction was ready to proceed to sea on the 30th December, and haa been detained here sulaly in consequence of the delay in the hearing of 6.—That the loss caused to the lants by the unnecessary de of the steamer Ping-on in this port amounts to upwards of tis. 100 per diem, the actu disbursements amounting to Tls. 50 per diem, that the plaintiff perfect right to select his own time for the case to be heard, and that the Court could not order him to come to trial any sooner than he chose; he went on to say that the delay complained of had not been caused by the plaintiff, bue by the defendant s themselves, Hesubmitted that the Court had no jurisdiction to order the plaintiff to bring the case into Court op any given day. He also said that it Was not competent for his learned friend to th any money set up an
cage; the suit could only be either dismissed, or decided in favour of the plaintiff, and he asked that the petition should be retused.
Mr. Davwxoxp replied, and asked the Vourt to decide as to whether the defendant could or could not set up a counter claim in the answer, in order that a cross suit wight be instituted if that step could not be taken, The Courr was inclined to the opinion that the delay asked for by the plaintiff had not been unreasonable, and the hearing would take place on the 23rd inst,, the time already set, Ho would consider the other questions contained in the motion, and give judgment fon Monday mor 19th Jan, This case was before the Court on the 17th inst., on a motion by Mr. Drammond, on behalf of he Ping-on, when the Court reserved its decision ow the points rai The three poi d in the motion. The first one was that the suit should ith instead of on the 23rd inst,, as fixed by Mr, Robinson, on bebal€ of the Condor. The Court decided on Saturday that the case should be heard on the Lhe other two points were—firat, that the plaintiff may be ordered to deposit in Court security for the amount of the defend.
uta' claim as set forth in their answer; and, second, that the plaintiff may be ordered to pay into Court before the hearing of this ca: sum of Ts, 1,000 Shanghai sycee, such sura to be paid to the defendants in the event of Avcision in the suit being in the defondante' favour, or pail hack to the plaintiffs in the event of the decision being in the plaintiff's favour, The Court refused to comply with these two terms also, but granted leave to the Ping-on to file " cross-petition, in accordance with Mr, Drummoud's application on Saturday.
Text read from the printed page and cleaned; old type leaves the occasional error.