We concur in the above rendered decisions.
E. H.
Txomso: Associates, Before Joux Goopyow, Esq., (Consul-General) Acting Judicially, and Messrs.
H. Dr Gray and W. Hust, Assessors, Cana Mow r. E. W. ANprews and H. W. Grorce.
The hearing of this case was resumed. Mr. G. F. Curtis again appeared for the plaintiff and Mr.C. R. Holcomb, with whom was Judge Lamme, for the defendants.
A statement of expenses incurred by Mr. Comstock in caring through the contract was put in by defendants, objected to by Mr. Curtis, and admitted subject to the objection, which could be argued later.
Mr. Friedrich von Fischers, who deseribed himself asa broker at Port Arthur, was called, and said he knew Chang Mow-chow and had seen him at Port Arthur in connection with this business. Mr. Chang had seen both cargoes at Moukden before they came down to Port Arthur.
His Honour disallowed any reference to the cargo at Moukden, and Mr. Holcomb after arguing the point entered an exception to the ruling.
Witness said he represented Mr. Friede in the sale of the second cargo, and he saw Mr. Chang at Port Arthur when it arrived
that was, on cars guarded by soldiers. there. It came down on a military train, At first the Russian Government refused to fallow another examination of the cargo, but witness obtained special permission for Chang to examine. Ho looked through from 20 to 30 bags and was told he might examine more, but he expressed himself satisfied. Witness received payment and next day the cargo was weighed out. The following day, Chang said there were more bullets in the cargo than he thought, and he objected to receive it. Witness pointed out that the cargo had been accepted and ssid for, and he proceeded to ship it on to Shanghai, Mr. Curtis "asked many questions in cross-examination, bub objections were sustained against nearly all of them. was stil the representative of Mr. Friede In reply to His Honour witness said he
at Port Arthur. In the law suit. in which Mr. Friede has been engaged there, the first decision was appealed against and no second decision had been given yet.
'Mr. Curtis put in a further affidavit affirming that. Neo Chiing, if present, agreed to pay the expenses of defendants' would, he believed, state Shs he never agent. Comstock to' Port Arthur,—but understand they were covered by the price paid for the cargo.
This concluded the evidence.
His Honour asked how long a tinie the counsel desired to present their cases.
Mr. Holcomb was satisfied with 45 minutes, but Mr. Curtis asked four hours.
The Court retired, and on returning His Honour announced that the Court was very anxious not to appear in the slightest degree tocurtail the arguments of counsel to the detriment of their clients, but felt that if it allowed an hour and a half to each side and asked also fora written brief covering the law points on each side to be put in, it would be going as far as could be reasonably asked.
Mr. Curtis accordingly commenced to read his brief, which restated his case at great length." The Court again adjourned.
Text read from the printed page and cleaned; old type leaves the occasional error.