8
THE "SAMSON" CASE AT SHANGHAI.
We extract the following from the N-C. Daily News law report to show the defence in
the case of Parlow v. Kristensen. It makes the case somewhat easier to understand.
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THE HONGKONG WEEKLY PRESS AND
which had not a favourable impression of the condition of the Port at the time. Burleigh was going in the interests of Russia, and the jury had heard what Mr. Pavlow had said of him the preceding day. Whenever he had an opportunity of attacking Burleigh he bad done
80. Counsel did not know whether this was gratitude. It seemed to him that there was a reason for it, and it was this: that Mr. Parlow thought he could show up the conduct of one British journalist at all events, and was anxious to do so. He was anxious for the whole world to know that Burleigh went into Port Arthur as a spy, and he wanted in this way to dis. credit British journalism. He thought that was one of the chief reasons why the action Was brought before the Court. Counsel then describd how Burleigh got the in- formation required, how a sealed letter was handed to defendant and personally taken to Mr. Pavlow by him, and how negotiations were then con luded for the purchase of the Edendale, as a hospital ship. Defendant would show that on the 8th of November he placed the necessary information in Mr. Parlow's hands, and that on the following day an order was given to Messrs. Kristensen for medical supplies. The scheme fell through owing
to
names used.
Mr. Phillips said that be intended to outline briefly the oase for the defence. He referred to plaintiff's career in the British army, he having been an officer in the First Royal Scots Regiment, and served on the staff of Lord Roberts during the South African war. Ward was a Baron of the Austrian Empire. It was a hereditary barony, and he was the fourth in succession. Counsel then gave the reasons for defendant's leaving the army and described his attempts to get to the front with the Japanese. After failing in this obj ct defen dant went to Tieuisin, where he net Colonel Ogorodnikoff, Russian Military Attaché in Peking. It becam known that Port Arthur was badly in need of medical supplies, and defendant and the Colonel talk d over the matter and arranged a scheme by which medical supplies could be gut into the fortress. Dofen- dant came to Shanghai with an introduction from the Colonel to Mr. Pavlow, and when they had talked over the matter it was finally arranged that the scheme should proceed on the following lines. A Red Cross Lague supported by as many influential people as possible, was to be formed at home. A local branch was to be formed out here, and per- mission was to be sought from the Japanese authorities to remove the wounded and sick from Port Arthur by means of a hospital ship. A small vessel, ostensibly for use as a Press boat was to b purchased and sent to Port Arthur to find out what medical supplies were needed, and then a larger hospital ship would be sent in with the medical supplies, necessary for the successful continuance of the defence. Mr. Parlow, when the details of the scheme were finally arranged. promised defendant the sum of £20,000 for his work in connection therewith, a not unreasonable sum when it was remembered that on the success of this scheme depended to a large extent the safety of Port Arthur. The medical supplies were needed there more then anything else. The besieged had plenty of fool and ammunition, but the urgent need of medical supplies caused fearful suffering among
the wounded at Port Arthur. Couusel did not think he need discuss the importance of the prolongation of the defence of Port Arthur. If it held out it kept a large Japanese and by him to Kristense & Co. The engaged land, and the entire godown orders for medical supplies
од Japan fleet on the sex.
At that
handed to plaintiff by Messrs. Kristensen an! huge military operationa were pending in Co. Mr. Parlow deducted the amount of this Manchuria, and the Baltic Fleet was on its way bargain money from the cost of the medical oat. Ultimately Port Arthur fell earlier than supplies, and Kristensen agreed to this, it might have done. The result was immediate. expecting to get the flour contract promi ed General Nogi assisted Marshal Oyama with his to them. After narrating the circumstances army at the battle of Muk`on, with the under which the Samson returned to Shanghai, utmost effect. It WAS the Port Arthur Counsel then put his client into the witness
box.
army
time
army which crushed in the Russian right and turned the defeat into a rout. The Japanese flet was able to dock for necessary repair and then met the Baltio Floet with the result all knew. Up to that time for eleven months the fleet had spent a wearying time at sea, night and day, before Port Arthur and it was a matter of absolute necessity for them to go into dock and refit before meeting the fleet which was, on paper, so powerful. It was, therefore, very important, and Mr. Par. low recognised it, that Port Arthur should be able to continue its defence. Part of the negotiations between Mr. Pavlow and his Government had been read to the jury and, of course, the whole scheme proved by the Ru-sian Government and authorities. The amount required for the carrying out of the scheme was fixed, ughly, at Tls. 400,000. It was arranged that that sum should be at the disposal of Baron Ward, either in London, Paris, or Shanghai. Mr. Paylow had himself admitted that a sum of Tls. 400,000 was alluded to. Counsel then went into a detailed statement of how this amount was made
and described the purchase of the Samson and Mr. Bennt Burleigh's part in the scheme. Burleigh, Mr. Pavlow had said, was going in the interest of Russia, as a sort of counterblast to the other papers
up,
was ap
July 1, 1905.]
Chinese that the action of the Shanghai Chamber of Commerce in deciding to boycott American traders and American goods until such time as satisfactory amendment be made in the laws dealing with the admission of Chinesa into the United States be approved, and that similar action be taken by the Chinese mer- chants in Singapore,
This resolution was carried ungimously and it was decided to cable the decision to Shanghai, and also to cable to the Board of Commerce, and the Wa wapu at Peking urging them to streng- then the hands of the Chinese Minister in the matter.
Action locally will be taken at once, but will not be retrospective; all contracts made up to the present will be carried out, but after that the boycott will be continued till such time as alteration is made in the liws.
Daring the course of the discussion which lasted some time, Mr. Yulick made a speech in which he made a novel proposition. Referring to the Christian missionaries from Am rioa be sail that the Chinese Christians won d support their fellow cruntrymen by refusing to listen to American missionaries whose Christianity did not appear to be practicable amongst their own countrymen. The best method would be to fight shy of American missionaries and tell them to g back to their own people as their doctrines were not acceptable. Those Christians· · would invite English gentlemen tɔ bɔ their pastors, or elect their own Chinese pastors to continae the work of the Church.
Mr. Parlow, who was guilty of considerable indiscretion with regard to it He used the names of several gentlemen who had not given permission to have their The Japanese Consul here found this out and communicated with his Govern ment, with the result that that Government In an interview with Mr. Wilber, United refused its consent to allow the medical sup, lies States Consul, next morning, the Free Press to be taken in. Counsel then dealt with the was informed that it was difficult to say how far guarantee given by defendant to Messrs. the action of the Chinese would affec: Am-rican Kristensen that the purchase would be effected. trade with Sin zapore. siuc the Consular figures and plaintiff's attitude over the purchase of only dealt with exports. As regards the exc'u. the Edendale, Messrs. Kristensen naturallysion law the Consul pointed out that under the wanted defendant t pay the Tls. 4,000 1994 Convention the regulations as t⋅ admitting he had guaranteed to pay when the coa-Chinese into the Stites, were he thought less tract fell through. Plaintiff agreed to ply severe than they are at present. That Conven- the actual expenses of bringing the ship tion expired in 1904 and the Chinese Govern- over, amounting to upwards of Tls. 9,600, and ment refused to renew it. In consequence gave them a cheque for that amount, which he the Government of the United States had asked them not to cash at that time. He told to fall back on the 1884 Chinese Exclusion Kristensen that he had a lucrative flour contract law which is the one at present in force. This with Vladivostock, and that he would give this law is aimed at the exclusion of the labourers, contract to Kristenson & Co, as compensation though it may be noted incidentally tha laund y for the non-paymnt of the Tis. 47,000. Kris proprietors and barbers bar been decided to be teosen agreed to this, and it was not until labourers. It, however, is intended to ex mpt January that Mr. Pavlow showed his hand, said officials, bona fide merchants students, and he had no flour contract, that he had given thre
Cer ificates travelling for pleasure. them one, and told them they might cash hissstting forth a large number of particulars cheque. Counsel then dealt with the bargain have to be obtained in all cases except that of money handed by plaintiff to defendant, Diplomatic officials, and the Consul was
were
If I
In reply to his Lordship. Mr. Phillips added -My defence is this: plaintiff states that he brings this action in his private capacity. can show that he is a representative of the Russian Government it seems to me this action is not properly bro ight, and he will be nonsuite. If I can show he is bringing it in his private capacity, them I have a set-off against him. He brings it either in his private capacity or as agent of the Russian Government.
On June 30th, the Court gave judgment in
M. Parlow's favour.
SINGAPORE CHINESE JOIN
AMERICAN BOYCOTE,
On June 20th, rports the Singapore Free Press, there was a large gathering of Chinese merchants and other members of the Chinese community at Singapore, to dis uss the question of taking joint action with Shanghai and Hougkong in regard to American goods and the American Chinese Exclusion Act.
The meeting was representative of every section of Chinese traders, over 200 persons being present
A resolution was proposed by Mr. Chan Teow Nam and a conded "by" Mr. Tan Hoon Chow.
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inclined to think that the trouble was caused not by the law itself, so much as by the fat
instances that certificates were in numerous faultily drawn out and had to be referred to headquarters for consideration, thus causing delay and vexation.
IMPORTANT SHIPPING
PRO ECUTION.
The Postmaster General proceeded against the Manger of the Osika Shosen Kaisha, before Mr. F. A. Hazeland at the Poli e Cout on June 27. for allowing the company's ss. Triumph to leave the harbour before the notified time, and with ut taking the mails for Swatow, Amoy and Foochow
Mr. H. F. Master (of Messrs. John-on, S'okes and Master) appaired for the defendant and stated that the summons had been issued under
The Sect on 30 of Ordinance No. 6 of 1909. Captain of the Triumph had left wi hout anthority from the office, as he feared had weither was coming on, and wished to be out a sea before it did H wished to apologise, on behalf of his clout, to the Postmaster General
Mr. Lewis, Assistant Postmaster-General, informed His Worship that the Post Ofe officials had been notified tha' th+ vessil was to leave at 12 o'clock. ¡At 11.3) o'clock, when the mail was taken off, the ship wa‹ under way, and would not wait to receive it. As con equənce, very important mails were left behind.
A fine of $2› was inflicted.
A life-sentence prisoner at Victoria Gail on June 27 ran amok with a pair of tail ·r's shears. He stabbed one of the other prisoners in the abdomen and inflicted some nasty wonnds on a European warder who seized him.