November 26, 1906.J
CHINA OVERLAND TRADE REPORT.
the vessel began to roll beavily, but after |INFRINGEMENT OF TRADE MARK. considerable difficulty he managed to heavƏ in about 35 fathoms of chain. About a quarter of an hour after this he saw what he took to be the North point of the East Brothers very close to the ship on the port bow. After passing the Brothers the second officer went forward again with the Captain's order to witness to let the anchor drag, and not try to beave on it. Shortly after that the vessel took the ground. The wind was then south-south west, and blowing with hurricane force. Witness had been in the river trade about four years, and had previously been in a typhoon.
By Lieut. Bousher-Have you any idea why you were told to stop heaving in P-No.
Supposing you had weighed your anchor, do you think it would have been possible to get the ship under control?—I am unable to say.
Melbourne heard a charge brought by Messrs. At the Magistracy on Nov. 22ad Mr. C. D. W. G. Humphreys and Co.. against Long Wah Shing. storekeeper, 265 Queen's Road Central, of infringing the trade mark of Messrs. W. Gossage and Company. Widnes, Lancashire, by using the "Beehive" brand as applied to that Company's soap. Mr. Grist (of Messrs. Wilkin- son and Grist) appeared in support of the Johnson, Stokes and Master) appeared for the summons, and Mr. G. C. C. Master (of Messrs. defendant.
the trade mark and that it was registered.
Mr. Grist said they were prepared to prove
Continuing, be explained that his client had Mr. Master replied that they admitted that. ordered the soap from Japan, but as the letter, he did not instruct the manufacturers to send of which he had a press copy, would show, any soap with the "Beehive" mark. The latter sent it down on their own account, and hid client wrote to them in August last that they must not send down soap made by a foreign firm. Certainly his client ought to have gone to Mr. Humphreys with that case of soap, but he did not do so. Still it was not as if he had imported large quantities with the object of underselling Messrs Humphreys. Be sold fifteen cases out of the forty. He suggested that his client be allowed to export the 25 cases.
come to some arrangement with Mr. G. ist.
His Worship asked if Mr. Mˇster ould uot
Mr. Grist replied that he could not do so. The defendant had received 4 cases from Japan which he knew bore a forged trade mark and he had no right to put these ou the market. Mr. Master admitted that bis client had sold 15 cass but he had written to the mauufacturers not to send that stuff again.
If you had both anchors down and all your chain out, do you think you could have steadied the ship?-She would still have dragged.
When further evidence had been adduced the Court found.-That the ss. Kinshan left Hongkong on September 18th at 830 a.m. bound for Canton with a general cargo, 427 passengers and 100 crew. The ship was well found and powered. The typhoon drum was hoisted at the appointed place indicating that there was a typhoon eastward of the Colony within 300 miles. That on
reaching the Capsnimun Pass the wind backed to W.N.W. The captain's original intention was to anchor south east of the East Brothers, but he proceeded to Pillar Point instead. This, in the opinion of the Court, was an error of judgment on the part of the master, who most certainly ought to have taken Do risks and anchored south east of the East Brothers. That, from the evidence care- fully gone into, when the master found his ship dragging with 30 fathoms of chain ont, and the ship nearly stranding on the north point of the East Brothers, we consider it was clearly the duty of the master then to have let go both anchors ad all his cable. This, in the opinion of the Court would have held the ship and prevented her stranding. That owing to the abnormal Mr. Master said he had understood from Mr. conditions under which the master was navigat. Grist that he did not intend to press the case ing, with regard to the hurricane force of the bat his action was different to what his state- wind and blinding rain squalls, the Court con-ment led him to believe. His client was not a sider that a severe 'censure be passed on the fraudulent trader, desirous of underselling master for allowing his ship to strand with an Mes rs. Humphreys. If his Worship was to anchor at bow and another on a short stay. impose a fine, confiscate the goods and order the defendant to pay costs in a mild case like that, what could be do when a flagrant case came before him. If necessary he (Mr. Master) would ask for an adjournment so as to enable him to Fut before the court the letters which his client had written to Japan.
CHINESE AND BIRTH REGISTRATION.
*
Mr. Grist pointed out that those 40 cases being on sale constituted a breach of the Ordin- ance, and while his clients did not wish to be vindictive and did not press for a heavy penalty, yet they asked for a conviction. They wanted the soap to be forfeited and they asked for their costs.
His Worship-Perhaps Mr. admit these ?
Grist will
Mr. Grist-I am quite prepared to admit all that he says, but I ask what could be a more back on my statement to him he is utterly flagrant case. If my friend says I have gone
wrong.
that
case.
Yet this is called a soap.
flagrant th.t I think it is the mildest case
before the court. could come
Mr. Grist-We could have taken action in a cirile art.
When natives find 'hemselves in trouble with the Hongkong Authorities they invariably plead ignorance of the regulations or the laws which they have infringed, and despite the sixty odd years that Hongkong has been under British administration there is still the same difficulty in inducing the people to comply with local regulations. A case in point is the registration of children born in the colony.he had got the wrong soap, wrote to Japan Mr. Master-My client having found out Many Chinese parents neglect this duty, either in August before the prosecution was com- through ignorance or a disinclination to obey. and the object of the Ordinance is frustrated menced to stop the manufacturers sending What brings the matter up afresh was the imprisonment of a boy for larceny who, after his discharge, was ordered to be banish- ed, The father, however, intervened and declared the lad was born in Hongkong and could not, therefore, be sent ont of the Colony. Inquiries were made, and a woman stated she had been present at the birth of the boy in a boat at Causeway Ray. The mother also appeared and said that the younger son, a boy of four, was born at the same place. She admitted that she had not registered either of the births. A prosecution followed, the parents being proceeded against for not registering the births of the two children. The father pleaded that he did not know he had to do so, but the Magistrate thought the duty would be impressed on him by the imposition of a fine of $5.
It is reported that the Government have warned the underwriters of the German steamer Petrarch which was driven ashore near the Kowloon wharves in the typhoon, that they must take immediate steps to have the vessel efloated.
Mr. Master-Yes. His Worship-Can you not arrangement with Mr. Grist?
make
some
Mr. Master-I advised my client to ship they should not be sold bere. All Messrs. the remaining cases out of the Colony so that
Humphreys want is protection.
Mr. Grist-They may be doing business in Japan.
363
Mr Master-We will have the case gone into.
Mr. Grist-I am prepared to go on with it. Mr. Master-I would suggest to your Wor- ship that the goods be forfeited and the man
fined a dollar.
!
Mr. Grist-What protection are we going to have for trade here ?
if his client forfeited the stuff and paid a Mr. Master thought it would be reasonable nominal fine of a dollar.
His Worship-Mr. Master has pleaded guilty, and I will deal with the case straight away.
|
The Mr. Grist could not agree to that. defendant was liable because he sold the soap knowing that it bore a false trade mark.
Mr. Master said that if the case was going to be pressed like that he would ask for an adjournment.
Mr. Grist-It is not being pressed, Mr. Master-It is being pressed. Mr. Grist-Nothing of the kind.
Mr. Grist I must leave it to your Worship. His Worship-Fined $25, the soap to be forfeited; costs disallowed.
MR. R. HOUGHTON'S DEATH.
Mr. F. A. Hazeland, sitting as a coroner, with Messrs. G. Friesland, G. D. Sullivan, and D. Harvey, inquired on Nov. 19 at the Magistracy William Houghton, tailor, who was found dead into the circumstances of the death of Robert
in his room on November 9th under conditions which suggested suicide.
Dr. Heanley, medical officer in charge of the deceased, who was aged about 55 years. Death mortuary, deposed to examining the body of
was due to poisoning by cyanide of potassium.
Frank Brown, Government analyst, said he received the bottle produced on November 10th from Inspector Smith. It contained 20 drops of liquid which he analysed and found to contain one thid of a grain of cyanide of potassium, w.ich was a deadly poison.
Inspector Smith spoke to having received the bottle from Sergt. Murison.
Fred. Howell, head bailiff of the Supreme Court, stated that he took possession of deceased's estate on the 10th inst. under directions of the Official Administrator. e knew deceased was heavily involved and had been pressed for money for the last nine months. On October 2nd witness enforced an execution against hint, which was settled by payment of $600 on November 8th. Deceased was also pressed for rent, both for his shop and his residence, and witness estimated that his indebtedness amounted to $23,000.
George A. Drude, master mariner, said that in 1895 be started a tailoring business with deceased and Mr. Bothe. He contributed the money. Mr. Bothe died two years later and witness withdrew from the partnership, deceased owing him $18,000, He had received part of the interest, but nothing for the last (wo years.
At his death deceased owed him nearly $20,000.
Sergt. Murison said he went to the first floor at 21 Wyndham Street on the 9th inst, and found deceased lying at the head of the table. The bottle produced was found with others. He closed the place. Among the deceased's effects were two letters, one being found at his residence and the other at his shop.
His Worship read the letters. The first from the National Bank of China was as follows:
To Mr. R. W. Houghton. Dear Sir,-Your cheque, No. 15081, for $200 overdraws your account $196.26. Kindly pay in at once so as to enable us to meet same, and oblige.
The second letter from the Hongkong Hotel was as under:-R. Houghton, Esq., Queen's Road. Sir,-As you have failed to liquidate your Hotel account after repeated application made by the Hotel collector, I beg to inform you
that until the amount due, $128.63, is paid no more of your chits will be accepted.
Cheung On said he had been in the deceased's employ for three years. On the morning of the 8th inst. Mr. Houghton returned abont 5.45 very drunk. He went to bed and slept all day, having no food at all. At 2.30 in the afternoon witness entered the room to take out Mr. Houghton's clothing in order to brush it, H. found the bottle produced which was nearly full of liquid in the coat pocket. He placed it on a small table four or five feet from the bed. Going again into the room at five o'clock be fo und deceased still asleep. At seven o'clock next morning he heard him coughing, and about an hour later be entered the room with a cup of tea, placing it on a small table. Deceased was then asleep. Witness noticed that the bottle was not where he had placed it. But on a rack over the washstand. At 10 o'clock he went into the room accompanied by the foreman tailor and found bis master dead.
The jury returned a verdict of suicide whilst · temporarily insane.