94
Witness (after a pause)- 1888 or 1889. Mr. Francis-In 1888 or 1898 ? Witness-Yes.
THE HONGKONG WEEKLY PRESS AND
Mr. Francis-Don't you know what I am description. McKinley joined witness as asking? Was it in 1888 or 1898 ?
Witness-I can't remember.
Mr. Francis-Just try to remember, then. What year was it?
Witness-In 1898 or 1899, I can't say which. Mr. Francis-You said 1888 just now. Witness- That was a mistake. Continuing, witness said he had borrowed money from Mr. Mallory-$1,000. He first had his bill-heads printed " A. F. Ramsay and Com- pany" in 1899, the year he commenced business in the corridor of the Hongkong Hotel.
Mr. Francis-What month did you commence business in the corridor of the hotel? 1899 is too wide.
You
Witness-I can't tell you exactly. Mr. Francis-What do you mean, sir? know perfectly well. You knew the business was being carried on in your name.
Witness-It was in September, I think. Mr. Francis-You are quite certain you had no business in the corridor of the Hongkong Hotel before that?
Witness-I had not.
Mr. Francis-Who suggested taking the stall in the hotel?
Witness-No one suggested taking the stall. I only know that Mr. Gibson had a stall, and he asked me to take it over when he went
home.
Mr. Francis-Then Mr. Gibson suggested it? When was that?
Witness-In September or October, I don't know which.
Mr. Mallory, witness, said, had advanced him | no money beyond the $1,000, nor had he witnessed any document or agreement of any
manager in June, 1899, having been employed by him on the way down from Tamsui. The entire conduct of the business was in the harda of Mrs. Ramsay. Witness took nothing to do with it, and he only visited the shop occasionally to have a look round and to tell his wife what he thought it was necessary to get.
This concluded the cross-examination. His Lordship-I think I had better adjourn this case sine die.
Mr. Francis-Unless your Lordship can fix a day for arguments.
This was impossible, his Lordship explained, on account of other engagements.
Mr. Robinson intimated that in addition to Dr. Hartigan, who was to be called to give evidence, he proposed to recall Mr. Haynes, manager of the Hongkong Hotel, who had written to say that he made a mistake in his evidence.
The Court then adjourned sine die.
BREACH OF ARMS ORDINANCE. Judgement in the case of Messrs. Siemssen & Co., for storing thirty-three cases of arms in godown No. 27 at Kowloon, in contravention of Section 12, of the Arms and Ammunition Ordinance of 1900, was given by Mr. Hazeland on the 23rd inst, as follows:-
The defendant was summoned before me under Section 12 of the 'Arms and Ammunition Ordinance, 1900, for that he did unlawfully without the special written permission of the Captain-Superintendent of the Police keep and store arms (to wit thirty-three cases of rifles) in Mr. Francis-How long had you then been No. 27 godown of the Hongkong and Kowloon carrying on the business in Wanchai?
Mr. Francis-What year? Witness-In 1899.
Witness-I had only started, I think.
Mr. Francis-When did you start in Wanchai? Witness-March or April. I can't exactly tell you when it was.
Mr. Franois-Did you keep an accouut of -what you bought and sold?
Witness-No: I just bought and sold. Mr. Francis-And pocketed the money What is the date of the opening of that account (indicating witness's pass-book)?
Witness-February 13th, 1899.
Mr. Francis-Was it opened in consequence of your starting this business of bicycle repairer and seller ?
Witness-Yes.
Mr. Francis-On what date does it begin, and when does it end?
Witness (examining pass-book)—It begins on February 13th, 1899, and is carried down to April 16th, 1891.
Mr. Francis There is an entry under February 16th-" Cheque, $1,000."
Witness-Yes, that's Mr. Mallory's. Mr. Francis-Do you remember when you first used bill-heads describing yourself as carrying on business in the Hongkong Hotel corridor ?
Witness-My wife looked after the business. I had nothing to do with it all.
In answer
to further questions, witness said he had three or four hundred dollars of his own when he started business, and he borrowed money from Mr. Mallory and another man. Witness did not keep any books whatever in 1899; his wife did all that, and he know nothing about them.
Mr. Francis was further cross-examining the witness, when Mr. Robinson interrupted on a question of relevancy.
Mr. Francis-I wish my friend would not inter- rupt me. He is simply prompting the witness. Mr. Ramsay said he started business with a capital of $2,000.
Mr. Francis-Where did that come from ? Witness-There was Mr. Mallory's cheque for $1,000, and the money I had myself.
Mr. Francis-You said that amounted to three or four hundred dollars. That makes $1,400. Where did the remainder of the $2,000 come from?
Witness-There was a few hundred dollars in stock.
Mr. Francis-You said $300 for that. What about the rest ?
* Witness-It's put down in a round sum of
$2,000.
Wharf and Godown Company at Kowloon, such place not being registered by him for that purpose.
the
Section 12 of the Arms and Ammunition Ordinance reads as follows: No arms or ammunition shall, without the special written permission of Captain-Superintendent of Police be kept or stored by any importer of or dealer in or vendor of arms or ammunition in any place or places other than in the place or places registered by him for that purpose.'
444
In the Arms and Ammunition (amendment) Ordinance, 1900, No. 35 of 1900-there is the fol- lowing definition of the expression 'importer
-The expression 'importer '" shall include every person whether a commission agent or otherwise to whom or to whose order arms or am- munition landed in this colony are consigned.'
"It was proved in evidence that the thirty- three cases of rifles, the subject-matter of the charge, were landed from the steamship Eva on the 16th day of July, 1900, and were stored in godown No. 27 of the Godown ́ Company. The steamship Eva was chartered | by the Hamburg-American line which is a share company, and Messrs. Siemssen & Co. were on the said 16th day of July, 1900, the agents of the said Hamburg-American line. They have since ceased to act as such agents. It was further proved that the said thirty. three cases of rifles were consigned to Tientsin and that the Godown Company were keeping the said thirty-three cases pending instruc- tions for transhipment. No godown warrant had been issued for the casos nor had any rent been charged. The reason given by the Godown Superintendent of the Godown Company why no rent was charged was because the thirty-three cases were not storage cargo. It was further proved in evidence that Messrs. Siemssen & Co. were not the consignees of the arms, and also it was not known who the consignees were. It was also proved that Messrs. Siemsson & Co. were licensed dealers and vendors of arms and also that godowa No. 27 of the Godown Company was not a licensed godown under the Arms Ordinance.
+
&
The question for my decision is whether under these circumstances the defendant company can be held to be importers' within the meaning of the Ordinance. They were with clearly not dealers' nor ⚫ rendors respect to these thirty-three cases.
**I am of opinion that Messrs. Siemssen & Co., who were mere agents of a steamship company looking after the landing and tranship...
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[July 29, 1901.
ment of goods, cannot be considered as regards those thirty-three cases of arms in the light of 'importers.' In the statutory definition given in the amending Ordinance the word 'importer' is restricted to the case of a person to whoss order arms or ammunition are consignel. It was abundantly proved that the arms, the subject matter of the charge, were not consigned to Messrs. Siemssen & Co. My finding is therefore for the defendant, and I order this summons to be dismissed."
CIVILIAN CLUB CONCERT.
A most successful concert was given by the Civilian Club on the 20th inst. The entrance to and the outer facade of the Club were very prettily decorated with Chinese lanterns. Con. spicuous was the transparent “ Welcome the entrance. The stage too was a very pretty picture with its palms and lanterns.
??
over
The
The programme opened with a pianoforte trio by the Misses Leykum, King and Chun- yut, ably rendered and well received. same ladies opened the second part with a similar production, which found equal favour. Mr. Musso failing to appear, Mr. Haggard sang a song, followed by Miss Leykum who sang
B8 ад encore.
Unless to the evident satisfaction of the audience. Mr. Graça also failing to make his appearance with a violin solo as promised, Mr. Seely delighted the audience with a banjo solo, and was obliged to give an encore. The same occurred on his appearance in the second part of the programme. Mr. Leykum gave "In Old Madrid," while the popular song
Ward amused his admirers with Mr. "I didn't know it," and a short recita- In the second part tion he again obliged with a recitation entitled "My First Recitation." The duet from Il Trovatore by Mr. and Miss Leykum was great success. Mr. Viggers, the inimitable, convulsed his audience with "It's fine," and was encored, to which he cordially responded: in the latter portion of the programme "Do be careful” and “Tell me, Mother he Darling," old but still popular-for all that, he would do well to learn a new song now and again. Mr. Haggard's "Courier of the King was ably rendered. Mr. Leykum's was much ap. “Tell her I love her so," preciated. In conclusion tribute must be given to Miss Chunyut for her able accompanying.
gare
GENERAL CHAFFEE'S REPORT.
a
General Chaffee's report on the campaign in China contains the following special reports made by United States officers upon the allied troops-
Major Craighill says:-"The information gained of the Russians is meagre and unsatis factory. No reply has been made by them to your request for a staiement of the location or character of their force in North China in cony Major nection with the relief expedition." Craighill speaks of the excellent discipline of the Russians, but says that their rations were of the simplest. They were, he says, industrious foragers. They did not use tents, but lived in huts of native matting. Major Craighill also reports upon the French, particularly regard- ing their arms, supplies, &c., but his comments, like nearly all others, are omitted from public- ation, being represented by rows of asterisks.
Lieutenant-Colonel Dickman reports upon the Germans. He mys that the officers are well educated and that the troops are under good discipline. Colonel Dickman also reports upon the British. He speaks of their pains- taking detail in the mobilisation and despatch of the expeditionary foros, and says that the discipline of the troops is excellent. He speaks highly of the Italian regiments.
also
Major Muir describes the Japanese in detail. He mys that they are actuated by intense patriotism, and that if Japan can keep her armament and equipment on a par with her soldiers, she will be a most valuable ally and a' most formidable enemy.
Surgeon Major Banister reports on the medical departments of the allied armies. He mentions that the British and Indian troops. are treated in separate hospitals, and commends the Japanese and German medical departments.