The Sun.
London, England, 1844-01-22 00:00:00

LATEST FROM CHINA.

We have received by the overland mail letters from an in-
telligent friend at Hong-Kong, dated Sept. 26, from which we
Make the following extracts:—
The Driver steamer, Commander C. Hayes, arrived here
from Chusan, on the 3d of September, and sailed again
directly for Macao. Chus.in is considered much more healthy
than Hong-Kong for a settlement', but it is too late now unless
the Chinese refuse to pay thesransom,,which I apprehend they
will not do; for they know the penalty-5,000,000 dollars are
to be paid . next week at Canton. • The Admiral, Sir. W.
Parker,•it is'said is going there to see it paid, and then re-
turns here, ant shortly after leaves for India. Two gentle-
men were upset. in a small boat—fortunately the Minden's
jolly-boat picked them up ; neither of them could swim. Next
day they sent off fifty dollars to be divided between six
men, which gives eight to each man, and two additional
to the coxswain. Assistant-Commissary General Foote, who
had just arrived from England, died on the 2(1 of September
Commissariat only commenced business on the pre-
vious day. Orders have just been issued that no more of
the 55th are to be received on board the Minden. The
medical men have declared the fever of Hong-Kong, to
be the jangle fever of India, and the yellow fever of the
West Indies combilted. Her Majesty's ship Spiteful arrived
here on the 7th; Sept. The Cornwallis has lost upwards of
100 men since she left England. There had been received on
board the Minden, hospital ship, about 600 patients in the
year ending 30th Sept., 1843, 180 of this number have died.
There have also been received on board '270 soldiers, 88 have
died—remaining 35. The soldiers were buried by the Min-
den's boats at sea, without any medical or military officers, and
it is a notorious fact, that since the Minden arrived at Hong-
Kong, four months, not more than two visits have been made
by military officers to their sick soldiers. The last, I think,
was Captain Young, the new Commandant, who died two days
afterwards, so that the whole responsibility has devolved upon
the naval Surgeons, who have well and faithfully performed
their duty to these poor forlorn and otherwise neglected men.
Lieut. Hayes, of the 41st Native Infantry, whilst in a state
of delirium and fever, put a pistol into his mouth and fired it
off; he is still alive, but in a most wretched and mutilated
condition. Mr. Hancorn, the Master of the Minden, died
on the 12th of Septetrt•er, after a few hours illness, and was
buried on the 13th, at twelve o'clock, by candle light, in the
burying ground at Hong-Kong. There was a procession of
ten or tweht' boats; Captain Quin, of the Minden, attended
and all the officers that could be spared. They are about to
erect a tomb or stone to his msmory, as he died universally
regretted. H.M.S. Thalia, sailed for India on the 13th
September. There are two Admiral's flags flying here, with
' the Minden, Semarang, Childers, Rattlesnake, Sapphire,
Spiteful, Vixen, and two steamers. Every thing is exceed-
ingly dear, consequently, the merchants at Hong-Kong are
dissatisfied with the state of trade. A report is in circulation
that every patient on board the Minden cost 20s. .per day, and
as half are soldiers who are to pay the Government. but 10d.,
thereby making an actual loss of 19s. 2 I. per day each, or
about 1001. per day in all, the Admiral has determined to.send
that ship to England. There are not more at present than
sixty seamen and marines en board the Minden, and many of
them are in a convalescent state ; twenty of these belong to
the ship, reducing the casual sick to forty. These if neces-
sary might be accommodated on shore at a very trifling expense,
when compared to the present expenditure. A court-martial
was held on the 18th September onboard the Spiteful steamer,
and the first engineer has been dismissed the service. The
men of the 55th Regimen( are still dying off with fever, and I
regret. to say the regiment is row reduced from 1,000 strong
to 150. Property at Hong-Kong, is becoming of less value
every day, in consequencevf the unhealthy state of the place."

Mr. lIENN—Have you any notes of what you call further
observations ?—I have read them. Witness continued to
read from his notes the speech of Mr. O'Connell, the ma..
torial parts of which are as follow :—" There are many
candidates for the Preservative Association. Gentlemen of
the first fortune and of the highest rank are daily proposing
to me that they should be named as candidates for it ; there
will be no difficulty whatever in getting 100 gentlemen.
I am speaking entirely by anticipation. We must keep
within the letter and spirit of the law. I am not at present
prepared, nor do I think it necessary, to open the scheme of
the Preservative Association ; but I am working out my
plan for the constitution of the Irish House of Com-
moos, when it shall be established by Act of Parliament,
or by the exercise of the prerogative of the Crown.
lam working slowly but surely. I am working for the Irish
nation, and want to satisfy them with my progress. I will give
way if any body will show me that I have taken a false step—
the way to avoid it is to proceed gradually, and therefore I will
confine myself to the appointment of Repeal Wardens."
Were you present at the Association on the 29th of August,
the following day ?—Yes.
Now, will you look at your notes, and say how many of the
traversers were present ?—I have none but Mr. O'Connell on
my notes.
Did Mr. O'Connell, upon that occasion, say anything on that
part of the Queen's speech relative to her determination to
maintain the union between England and Ireland? He said,
A' It is now my duty -"
Mr. HENN—Is that the beginning of his speech? Wit-
ness—lt is.
Mr. HENN—Did you take full notes of what occurred at
that meeting, and the one before it ?—I took a full nuts of
various matters that occurred. _

Mr. HENN—Where is that note ? I have not a full note of
all that occurred. If you will allow me I will explain.
Mr. HENN—I V;0111(1 rather you would answer me. Did
you take full notes of such portions as you thought material?
—Yes.
Have you those notes here?--Yes.
Those are the short-hand notes ?—Yes.
Mr. HENN (addressing the Court)— I respectfully submit
that he is not at liberty to use those notes.
Sergeant WARREN—Mr. Ilenn, my Lord, is under a mis-
concept ion.
Mr. HENN—Pardon me, I am not.
Mr. Justice CuAmeTox—What is the exact effect of what
the witness has said?
Mr. HENN—He said he did not take full notes of all that
passed at that meeting, but only such portions as appeared to
him to be material. I submit that he is not to be a judge of
materiality, and that he must have the whole.proceedings on
his notes in order to give evidence on any part.
Sergeant WARREN—I will leave it to the Court.
CHIEF JUSTICE—If the witness swears that he gives the
substance of what was o spoken, according to the best of his
skill and judgment, the Court will admit that evidence—other-
wise no note could be admissible that the witness was not able
to swear was literatim et verbatim.
Mr. HENN—We don't require liberating et verbatim ; but
we reouire the substance of all that passed, and without the
whole he is not entitled to give evidence of any part.
Sergeant WARREN—That is certainly the most novel posi-
tion I ever heard asserted.

Mr. Justice BURTON—Suppose that no note had been taken
at all, but that a witness-- came to give evidence of certain
things he heard said, would nut that be admissable although
he might not waled every word?
Mr. Justice CRAMPToti-Aye, or every sentence ?
Mr. Justice BURTON—If the witness was present at a time
when particular expressions were made use of by particular
persons. surely that would still be evidence?
;
Mr. HENN—That would be a very different thing, for in
that case we might examine his memor but, -if -a- person
goes deputed, ast
he witness announced he was, by the Govern-
ment, and takes notes, he ought to be able to produce them—
not garbled vittraets.. We are entitled to the whole of what
passed at that meeticg, and not to part.
Sergeant WARREN—The witness has said that he took a
full note.
Mr. HENN—He has said that he toak notes of such portions
as he thought material.
Sergeant WARREN (to witness)---Have you
taken a note, to
the best of your skill and judgment, of Jr.A O'Connell's speech
on that occasion?— I have. I believe I have the entire. I
can always tell when I have taken a • thing consecutively, and
when Ihave taken'oily the heads of the subject; the Govern-
ment accepted my services on one condition.
Mr. HENN—ltiow, don't make a speech. I • object, my
Lord, to this witness going on. He swears he did not take all
of the speech.
taken a full note.
Sergeant-WARREN—If I do not mistake, he swore he had

31r. 14EN N—Pardon me--
again.
Mr. O'CoNNELL—Let Sergeant Warren ask the question
Sergeant WARREN (to witness)—Have you taken the entire
of that speech ?—I know 1 have, because it's all consecutive.
Mr. HENN—AII consecutive!
Witness—l can always tell when I have taken only a branch
of a speech.
Witness then took up a bundle of notes.
Mr. HENN—Now, tell me are those full notes, or loose ab-
stracts, in them ?—I cannot depose to a fact of which I know
nothing.—(Boars of Laughter.)
The witness, in reply to Sergeant WARREN, said I have
not as yet seen my notes at all. so that there may be a blank
in them, or there may not be a blank in them.
Sergeant WARREN—Look at your note-book, and say- if you
have taken an entire note of Mr. O'Connell's speech on that
occasion or not? (The witness looked at his note-book for
some time and said)'--1 don't think I have a full note of all
that occurred that-day ;tut I have taken such a note as enables
me to give a description of it.
Sergeant WARREN—I• submit, my Lord, we are entitled to
have this evidence, and it will then be for the jury to say how
they will receive it.
Judge PERRIN—Did you observe the last answer the witness
has given?—lle says he did not take a full note of the
speech,but such a note as would enable him to give a description.
Mr. HENN—And I submit that is not evidence, 'because he
cannot say anyth:ng except what is in his notes, and he admits
he did not take a full note of the speech. • •
CHIEF JUSTICE—Let us take down his answer corrected,
and see what it is. 'What is your answer, Mr.-Rose ?—I have
taken a full note of all that I considered important and ma-
terial in that speech ; for instance, I will give you, my Lords,
an example of the sort of notes 1 took. When I came to a
passage in the speech which I considered material I took it
"down ; for instance, there is a passage in the speech of Mr.
O'Connell, when speaking of the Union, where he states that
trade and manufactures had fallen off greatly in consequence
of the blighting effects of the union. I considered that ma-
terial, and took it down.
CoussEt—The falling off of trade and mauifacture is rather
material certainly for this country.
Judge CRAMPTON—If I understood you correctly, your' an-
swer is this—you took a portion, or part, of the speech; ver-
batim, and other portions of it yon made a summary of ?
Yes, my Lord, that's it exactly.
n
Judge CRAMPTON—Then, you can't give the words of the
portion
anokflywchoanf
what lescsallletahnensoutpor do I pretend to do so.ary part of the speech, can you?
CHIEF JUSTICE—In the summary which you took down, I
suppose you put down a catch-word, did you 7-4 will give you
an explanation of the manner in which I took the notes.
When Mr. O'Connell came to particular Passages, I took up
the words he uttered; for instance, lie says here, " There is
another bill of indictment against the Government, and he
(Mr. O'C.) also read a letter from Smyth O'Brien. -He (Mr.
O'Connell) said the Welch committed crimes and they were
favoured with an inquiry ; the Irish committed no crimes, and
were, on that account, denied their rights."
CHIEF JUSTICE—WeII, Sir ?--Those are what I call heads,
or the summary of two or three sentences, but I did not take
the precise words uttered on the occasion.
CHIEF JUSTICE—WiII you take on yourself to swear, to the
best of your skill and judgment, that what you did take down
contains the substance of what was spoken on that occasion ?
It contains the substance of what was spoken, certainly.
Mr. HENN—If I understand you right you have taken a
verbatim note of what you thought to be material in the speech,
and a summary of the. remainder of the proceedings. .Now,
will you take on Yourself to swear, that m.the summary you
have taken you have correctly taken the .substance of what
was said ? Why the topics—(the end of the sentence was lost,
is the witness spoke so low).
Mr. O'CONNELL-3Raise your voice, ; the end of your