Page

PARIS LETTEB.

PARIS 14th June.

PARISIANS AND PORT ARTHER.

fering the most. Young vines have been completely ruinal. Farmers have appealed to the Government for help in consequence.

of franes. Other parts of France have sufferod Hikewise from the effects of storms. At Chartros hailstones as large as all eggs fell during several hours last Thursday, these being fo). lowed by funder and lightning which sol 'That most Cramatic military eseut of modern buildings on fire, and killed severn! peremia times, the fil of Port Arthur, considered Exceedingly bad weather is also reported from Daminant by everyons kore, is expected moment-Calais and Nantes, the north and weat of France arily with Evathless, interest. Not oven mirgele could save its pture; the incessant shulling of the Japanese, the sinced straits of the wifortmunds Rusian garrison. fly want of

KING EDWARD'S VISIT TO THE KAISER, foori auri col+, and lack of ammunition, aru sa

Great polítient importance is altuel to the wany overwhelming odds against which the Bussis, however brave they may be, cannot approaching visit af King Edward to his oxymel to overcome. That the tissus intend the German Engorie: No end of con in dio granu, med display extraordinary couragejectures are indulged in by bobitors of cafe. age to the laudante, is evident; not the less. Paris newspapers have indulged in specu- Itions us regards the meeting, and French were they do surver.dler, us they must sorber or

politiciutes are dismassing its probable result. The lator, many Keos might a spareri

Nationalists are as usual, very pussimistic about both sides. The parrison must be a ran the whole affair, and are only too glad to have this time. The demoralising five of the dugunties Noet and army of tha hast few days help to make Leon afforded such a gokien opportunity for the way lifeult for the victorious Jups, are running down Porfide Albion, · They Angin-Gernesaa arcangement. previous to final assamit. The French cannot prophesy an help furling gwry for the Russians, whose forgetful of the fact that Englishmen are by no means enthusiastle about any such compact. dileman forms thus chief topic of conversation of beadeverdiers. Kuropatkin se still the sanu | Parisians, however, do not attach serious import- as predicted by the late man as ever, but, elever as he is. lance to such a result eusní do the impossible. He is, credited with | Nationalist gerty. On the contrary, they having done all that patrietisau regored of him incline more to the sensible views expressed by as far as making an attempt--and u had one such common-senso organs as Le Temps, that too-at relieving Port Arthur. Willinge us he King Edward has not the slightest intention of was to carry out the Tsar's orders in this spoiling his splendid work of rapprochemeal rsprei. Fate ruled otherwise; to advance south between. England and France. The recent wards towards Port Arthur without · 100,600 threatening speeches of the Kaiser have produc.

on

THE HONGKONG DAILY PRESS, THURSDAY, JULY 14TH, 1904.

|

SUPREME COURT.

Wednesday, 13th Judy.

IN APPELLATE JURISDICTION,'". BEFORE THEIR HONOURS SIR W. M. Goon. MAN (CHIEF JUSTICE) AND T. Senoomne SMITH (PUISNĄ Judge)

AND WONG KWONG SAN. Mr. M. W. Slado, barrister-st-kiw (instruetodl by Mr. H. W. Looker, of Messrs. Douron. Looktoy and Deacon, solicitorą, uppered on behalf of the appellant and applied for leave to appeal against the decision of Ás, Justira Serembe Smith in Summary Action No. 824 of 1964, Iward on 714 July, in the grounds that such decision was, erroneous in point of fact and that under the terms on which the respondent rented the promisam situatoil at Neg. 104 and 106, Station Street, Yaumati, from the appellant the respondent was liable to make got to the appellant the cost of certain walls and doors removed by the respondents at the commement of their tenaney,

The funts of the case were that the property had been lensed to the appellant by the Crown lessee, and that the appellant had in fars let it to the respondents. The respondents carried on the trade of hoilermaking, and for the purpose of their trade they obtained leave from the appellanit to remove certain doors and walls in the two houses, will regard to which a special aggreement was entered into as follows:- The Kwong Shang Lang Hing Ki has ronted

Street. Yaumati

trade on these promises then the porsou who had carried out the trade and had done dannige to the walls was the person who had to repair the damage he had done,

KODAKS! KODAKS!!

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The Chief Justice said he did not feel any difficulty about this matter, therefore he would give his reasons at once. He did not think DEVELOPING AND PRINTING leave to appeal should be given unless somo for Amateurs, where we turn out work of the best description and with great promptness.

prima facie vase was made out. In this case the matter had been very well pat by. Mr. Slade and put as fairly and fully as possible. In August, 1901, the defendants in the Courf below beame tenants of curtain premises whicht they wanted to use for bailor-making purposes. This wi a noisy trade and it repairer? premises adapter to the work. The tenants not in and they male some holes in the walls lo suit their work. The tenancy was monthly oral, not written--and it was stipulated here what was to happen as regards repairs. were threo clauses. The first stipulated thai F the tenants removed the premises must be

replaced as they were originally. That provided that if the tonsists sauldenly aandoned the promises they had to repair the walls and the doors.

·

LONG, HING & CO.,

17A, QUEEN'S ROAD CENTRAL

For Doors Eust of Hongkong Hotel

Hongkong, 10th March. 1904,

NERNST

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BEAUTY OF ILLUMINATION COMBINED WITH GRRAT ECONOMY

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FOR PARTICULARS APPLY TO

EDM. JOHANNSEN

THE

If the landlord took back the shops and LAUMEYER rented thega to other persons the walls mul doors need not be repaired, which he thought, meant that if the landlevil determined the boun eg 'the teunut need not do the repairs. There was then the third provision which he could only take in the words of the translation furnished by the plaintiff in the Court below. This was to the offert that if the laws of the English

mount test meant cortuin death. Besides, in fed a strong impression on irrivaldo Fremdhmen, the whole premises of Nos. 104 and 106, Station ¦ repaired as they originally were.

could not spare so tuary men without destroying all his plans of defence further north. The summer le realises the painful fact that Part Arthur cannot be saved, and that its fall implies a shuttering blow to Hussian prestigo through out the Far East, the sooner his wing will be at What has Russia gained by flching Trest,

Port Arflar from Japan by a diplomatic trick. when the fortress belonged by rights to the Japanese, as the fruits of their victory over the Celorials? History repeats itself.

who have the satisfaction of having forestalled Germany in making a friendly agreement with England. Will that be likely the outcome of the visit of the reyul ancle to his imperial nephew? Wait ummi see.

FRONTIER NOTES,

JEKOM A CORRESPONDENT.

RICH

12th July. A BITI OFFICER AND HIS CAMERA. Colonel Smith Gordon, the British artillery Notwithstanding the torrential rains which officer who is now on purale, after boing arrested we have had of late, calculated as they were to as a spy in the west of France, has indeed every datuage seriously the pably erops, rice is more eans to regret the ill wind that blew him into plentiful this year all over San On than it this art of the country. Why he was detained has been for several seaSOUS, It is a disywana so long in prison, when there was absolutely notion of Providence that the crop should have proof whatsoever of his having noted as a spy.been so ploutiful, for much of the ripened grain has yet to be explained. The colonel owes his was washed out of the ear in the flours which release to Captain Nye, the British Consul at Brest, who as soon as he heard of his arrost, pro. ended to Lorient, and culled on the Proeurour of the Republic, the Juge l'Instruction, and the Colonel's barrister, with whom he had a long talk, and used his influence to convince these gentlemen that the charges against Col. Gorlon were decidedly of a trumpery character. The Colonel is now a free umm, but cannot yet return to England, as he is still a prisoner on paralo according to French law. This means that he has given his wond of honour that he

In future when the firm romoves and discontinues to rent the shops all the upper and lower walls and doors must he replaced by them as they were originally before The shop could be treated as taken back. If the

Inndlord takes back the shops, to rent them to other persons the sail wells and doors need not be repaired. If the laws of the Hongkong Government prohibit the working of the shop the said walls and doors must be replaced by the tenunt. This was entered into to prevent future disputes.

Mr. Sladu stated that at the time the agree.

Hals entured into it Was

known that the Government were taking steps to prohibit noisy trades, and for the parses of providing against loss the agreement was en- tered into. Sou time after the beginning of last year the Crown Lesses received a notice from the Colonial Secretary to the effect that on the premises at Nos. 104 uuri 106, Stution Streat, Yawuti, a'zoisy trade was being carried on without a licence from the Government. which was in contravention of the convention

Government prohibited the people from working in these shops then tho walls and doors must be It was adrifted that the carrying on of a boilermasing trade was a noisy trade and might be a nuisance and probably would be unless carried on in some place suitable for it. There had horri complaints apparently, and the Government. decided to put a stop to soms of there noisy trades. They did not seem to want to preceed barshly, for they gave two years notice to the people beforehin so that they might look mat for suitable premises. On 1st December, 1902. the Government gave notice to the Crown lessed in this case, that a noisy trade was being carried ou in the premises of which he was the registered owner, without a licence sul in contravention of the laws of the

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SIEMSSEN & CO., SOLE AGENTS FOR CHINA. steamer spoke on behalf of the defendant, who SHANGHAI JUSTIOL IN A HURRY. had been in gun of good character for 12 years in the U.3. Navy. He had, moreover, a wife and children. Mr. Gompertz sentenced the man to 14 days' hard labour,

THEFT FROM A STEAMER.

A somewhat sensational incident took place on the Bund yesterday morning. Sir Ham S. Wilkinson, H.B.M.'s Chief Justice, Was driving along the Bund en route to the Con- Three Chinese were charged with stenling mulate when his carriage had a slight collision nine ingots of copper, valued at $60 property with another. The inafoo harked the vehicle to of Messrs. Butterfield & Swire, from the 8.8.

free it, and in doing so either upset, or Taiyon. The captain gavo osidence that frightened the coolio so much that ho upset, a after infosiling his vessel nine ingots werą

ricksho, containing a foreigner, Frederick Pøn. found missing. The steward had seen a man fold.

Penfold was so enraged at this that he going along the deck with a bag. He went leapt into Sir Hiram's carriage and kit the towards him, but the man rushed to the gang-mafoo on the back of his head. Sir Hiran way and got away with his boat. The defendants at Penfold down in the carriage and drove were arrested by Inspector Langley.

straight to the British Consulato, where he tried him in the Polica Court and fined him $

One of flat was sentenced to oue month's

land and of the event contained in the Crown imprisonment and is hours stocks aid the and costs. The whole sifuir from start to finish lease; and that unless such contravention veus other two were sentenced to two months did not occupy more than five minutes. before lat Icember, 1994, the Crown would

proceed to re-enter upon the precises pursuant to the conditions of the Crowe lease. The lettur containing this notice was handed by the Crown lessee to the sub-lessee, the landlord in this case, who went to the tenant, showed it to him and told him to go. Bis Lordship could not cou.

lled every valley. The paddy is now being cat and threshed. In the Sumchun market tha best winnowed new rice enn bo got for $2.30 xul the next quality for 820, per pic.. Last year at this time it was selling at $3 per pleul under which the Crown Lesso was issued. In-ceive anything much more clear tha that intima

A CHINESE TRAIT.

An incident occurred lately tour Sumchna which shows a strange truit in the Chinese sharoter. As many in Hongkong will know. passengers are brought down from the Customs Station in boatsto most the Hongkong launches

less such contravention was discontinued before the end of 1904 the Crow would take steps to re-enter the land. The Crown Lessee passed the letter on to the appellunt, who in turn Inted it to the respondent, at the same time telling him that unless the trade was stopped

tion to go.

It was a notice to quit, not through any desire on the part of the landford to get rid of the tenant, but because he did not want to endanger his Crown lease. His leuse was not endangered by the law of the Jund at by the special covenant which he had entered into in

imprisonment and six hours' stocks.

Berone Mn. J. H. KEMP (SECOND I'ouen MAGISTRATE).

NO OPTION OF A FINE.

A Chiniman was charged with unlawful possession of opinm. He was an informer who. it was believed, and a habit of putting opium in houses und then giving other people's information against them. He was sentenced to the mouths hard labour and six hours stocks without the uption of a fine.

EMBEZZLEMENT. ·

Chun Chuk Yen, Chinese youth in the

the river being too shallow to permit the latter to the Government would cancel the lease for the that lease. Therefore it did not seem to hi will resido at the Hotel de Franco. Lorient run-up-the entire distanco. These honteland. Under those circumstances Mr. Blade where he is staying actually, until his rase has generally start away down the river long befor submitted that it was for the tenant to replace i Lordship that the law of the land, the law employ of the Osaka Shosen Kaisha, was

„been fully investigated, and a decision arrived at. He was released from prison on telegraphie instructions from Paris. There is no doubt that the whole regrettable business is the consequence of a mistake. The Colonel, who

wus

the launch is due, and they make fast to the bank to await its coming. The wait is wearisome enough in all conscience. bailing bot in summer and piercingly cold in winter. But the conditions under which a party of is a tall, distinguished-looking man with grey Europeans suffered the other day were very hair and moustache, attributes his tremble to much worse than usual. There was the mycare his camera. Bebe very fond of taking of a half-grown buffulo sticking in the mu shots, like thousands of other people, he took cùi, the bank, all swollen up and decomposed photographs of interesting objects across which to such extent that the "hom" he came while on the Continent. It was while perceptible many yards off. One would have he was enupshotting forts and batteries that he thought the boatmen with their many passengers was pounced upon and arrested as a spy would have given the stinking caresse a wide He was treated as such during three weeks. berth. But no. They had the whole extent and suffered considerably His position is of bank to choose from, and by preference they still an intolerable one; lat being an in-moored right alongside the dead animal. The nocent in the oyas of his countrymen is alorse Europeans protested, but the boatuien paid un a sonrge of greet consolation to lam. The heed to them. The Chinese passengers laughed painful affair is king settled between the and joked about the buffalo, and appeared to French and English Governments in quite enjoy the smell greatly as an olfactory treat: friendly manner.

RAINS AND FLOODS.

BAIN.

lying valleys with water, making them look like huge lakes. Last Sunday the rains ap country and have bean very heavy. The tributaries of the Samchun River flowing from the north west were very much swollen.

PICAT.

Pineapples are being shipped at Sawchuo in large quantities. They are cheap and of ex- cellent quality.

WILD ANIMALS.

The recent six days" rain made each mountain Storms--and terrible ones into the bargain-stream into a roaring torrent. filling up the low. have been the order of the day in France for some weeks. causing widespread destruction, and killing munay people. Not for many years jas such a storm been experienced as that which destroyed Mamers last Tuesday. The latter is but a small place of 7,000 inhabitants. und situated in the departement of the Sarthe About two o'clock in the afternoon, the town which is now a mass of ruins-was visited by an extraordinarily violent orge, rain falling in. cessantly. As the storm iureased, the small river the Dive rose rapidly. The bursting of a dam wall situated just abore the town trans- formed what at ordinary times would bo stream not more than siz jest wide and flirty inches deep into a raging torrent, spreading out to a width of 130 yards in the space of a few carrying everything before it Thrilling incidents followed. as well a galhint rescues. Houses, trees, Jurses, parts, and rattle were swept away with lightning rapidity, before anybody could resend them. A great windmill had been carried away bodily from itu position, and did considerable damage as it wont bumping through the whole of Mamers, nearly a milo in length. The roofs of the college, the

sinates,

hospital and the unshouses wore torn off, the milway line was washed up, and a mass of timber in a timber-yard was swept four miles away. The rise of the river was so terribly sudden that niany person had no time to eseapo, several being drowned in their houses. Heartrending scenes occurrol in tho almshouses and hospitals, where, in spite of every offort mudo to save the aged al infirm, many were drowned in their beds. Civilians and soldiers displayed wonderful iurage in their attempts at resume. Had it not been for them quite twe

As Imadred, Kves would have been lost. was, some thirty persons were killed, the damage done Leing estimstedt at 1 millions

A species of wolf is sometimes seen in the New Territory and these boasts are often ro- ported having committed depredations upon domestic animals, The other moring a police sergeant saw one of these wolves within 20 yards

the doors and walls which he had removed. He

submitted the decision of the Pnishe Judge was wrong, whether in point of fact or in point of law he could not say, but it seemed to him that the action was one of those mixtures

of law and fact.

The Chief Justice-What yon appeal on is the meaning of the agreement. That is a point

of law.

Mr. Slade said it was partly a question of law and partly of fact.

The Chief Justice pointed out that the plaintiff himself had stated that this was a monthly tenancy and had been shown the better from the Government and told to go. It was quite clear that the landlord had to protect him self and told these people to go because the Crown had given notice that the trada must be stopped. There was a stipulation in the lease that if the lessee carried on a noisy trade he must get a licence from the Crown or else the Government would re-enter. That was a special agreement. It was not the law. The Govern. mont wrote in January, 1901, stating that the premises wors being need for a noisy trade with out a licence from the Government and in con- travention of the covenant contained in the

Crown lease, aud that unless such contravention ceased before 1st December, 1904, the Crown would re-outer upon the premises.

Mr. Slude argued that this agreement, was zaude in anticipation of the exact circams lances which took place. The term "law" used in the agreement would mera un octer of the English

Government. When the landlord told the tenant that he had to go there was no specific time mentioned by him. There was no lagui notice of the contravention at the end of Decem.

of his station. He fired a round of buck shot at bor, because it was given in the middle of the the animal. which, although severely wounded, month. The louant need not have gone at that managed to escape into the hills. From a

| dute; there was no obligation upon him to go village in the Now Territory comes another then. report that one of these wolves descended from the hills in the early morning and carried of a small pig

HONGKONG VOLUNTEER CORPS.

The Chief Justice said he took the first section of the agreement to mean that if the tenant gave notice of removal he must repair the pre- mises to the extent to which he had altered the

of

English Government, stopped those charged with embesdement of $1,375.60. Mr. office, prosvented, and Mr. the English Government in its broadest Hestings" People from working. Indeed the law of P. W. Goldring, solicitor, of Mr. John E. J. Grist, solicitor, of Messrs. Wilkinson interpretation did

from not stop them lator.

The and Grist, appeared for the defence. Therefore

defendant pleated guilty.

working several months instead of waiting until that law stopped them

Evidence showed that the young man had from working, the lessre, as soon as he got this letter, went and saw the tenant and said he had been in the habit of collecting money owing to to go. The tenant looked about for new pre- the Osaka Showen Kaisha from the Sperry mises. He paid his rent up to the end of the Flour Co. on his own account, and giving month, although he had gone in the middle of receipts for it on Osaka Shosen Kaishy bill the month. Plaintiff claimed $587, being $192 forms. for four months rent and the balance for breach of coatruct to put the premises into repair. Was thore such a breach of contract? Ho thought that if a person had come down and got an injunction against him under the ordinary law the tenant Oz vurious occasions we (Kobe Chronicie would have had to do the repairs. If an have referred to the evils arising from Ordinaner had been passed saying that within the system which has grown up with for.

The case was remanded,

THE CHIT SYSTEM.

a certain rudias no boiler-making establishments eign influence in the Far East, that of could be carried on, under those circumstances signing chits for anything and everything. the law of the British Government would have Some months ago it was stated that a certain stepped in and he would have Ead to repair. hotel in Shanghai had decided to abolish tha Neither of these things happened. He was credit syston, and flut in future all pureuses told to go, the reason being that the landlord is would have to be defrayel "cash down." afraid that if he does not comply with the law, Whether the scheme was ever given a fair his Crown lease would be endangered. His trial we are unable to say. If it was tried, it Lordship thought that leave to appeal should was evidently speedily abandoned, for from all not be granted. If leave were granted he was accounts chits are signed as freely as evar in of opinion that the appeal would be dismissed, Shanghai, as in all parts of the Far East. Unlimited credit is the happy-go-lucky way of even if no one appeared on the other side."

the East, and it is not confined to any particu The Puisme Judge concurred.

It is quite a lar section of the Orient. permissible for a lady doing her shopping to sign a chit for goods purchased as for un impeennious clerk to languidly crawl s signature over the familiar paper tablet oblivious of the fact that there are many clits that have remained unpaid for months past and INDIANS IN TROUBLE.

that LOU.'s bearing the self-same signa Three Indians, Jhangir Khan and Azha *ture are planted in various parts of the town Khan, of the New Victoria Hotel, and Noor Like many other Far Eastern luxuries which Hosien, of the King Edward Hotel,

were the average alien does not indulge in at home, charged with assaulting a countryman. The the chit system is an undoubted convenience, and two former wore discharged, and the latter was one without which the East would indeed serm fined $5 or 14 days' imprisonment.

POLICE COURT.

Wednesday, 13th July,

BEFORE Mr. H. H. J. GOMPERTZ (ACTING POLICE MAGISTRALE)

During the hearing of the case Mr. Saund, the Court interpreter, asked Jhangir Khan if he had any questions to ask. The latter replied Chup rao," necuing, in Hindustani, Shut up". The man was remanded on a charge of

doors and walls. The second section was that if the landlord gave the taunt notice to quit the tenant need not do any repairs. The third Corps orders by Major C. G. Pritchard, Com-wetion meant that if the law prevented the work being carried on the repairs must be done by the mandant- und Adjutant.

tenant. That might mean either that an: Ordinance was passed prohibiting noisy trados. An old offender numed O'Brien was charge) er an injunction was taken by souse person with assaulting a consable. He was fined $15 against the trade being carried on.

or one month's imprisonment.

ARTILLERY COMPANIES.

Parado At Hoad Quarters at 5.30 p., on Tuesday, 19th instant for 15 Pr. B. L. Gun Drill, C.-S.-M. Whelan, R.G.A.. will'attend,

KOWLOON DOCK DETACHMENT.

Parade. At Gun Club Hill at 5,30 p.m. on Tuesday, 10th instant, for 15 Pr. B. L. Gun Drill. Sergt. Bartolome, R.G.A., will attend

Parade. At Kowloon Docks at 5.30 p.m. on Wednesday, 20th July, 1804, for Infantry Drill Sergt. Turton, 3st Sherwood Foresters, wil attend.

C. G. PRITCHAre, Major.

Mr. Slade contended that that was putthig upon the language of the agreement the most technical construction and obsenring the origiail meaning. An exact parallel would be for his Lordship to tell him that if he did not stop talking within so many minutes he would be sent to gaol. The contract was that if by any means the British Government took steps to stop the carrying out of a boiler maker's

contempt of court.

ASSAULT.

STOWAWAYS.

Thres Chinaman charged with stowing away on a steamer, and thereby getting a passage from Singapore to Hengkong, wore fined $25 or uns month's imprisonment.

The foregoing is taken from the N-C. Daily Newe of the 7th inst., and assuming, as we may safely do, that the facts were as represented, there are one or two obvious conclusions to be drawn. The first is that there was no need for such unseemly basis. Mr. Penfold did wrong. will make sOM! of course, but most men allowance for the irritation naturally produced by his rickska being upset. It appears to us very much as if some of the same humai irritability bad penetrated the judicial breast, There does not seem to have been anything unjust or disproportionate about the penalty: but we are accustomed to more deliberation in the march of British justies. And surely, sinc it was a Polles Court case, the functions of

not have been combined in one person ?

judge, prosecutor, andì, pro-naubly, with sy, nosił

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strange. As we have said on previous oce-cions, Dr. NEWELL WILSON. DR. WILLIAM DANEL the principle of unlimited credit, whether by the chit system or any other, in un evil which the foreign residents of the Far East would be ufinitely better without, and any moventent which tends towards reform in this matter deserves encouragement. Of that institution known as the Young Men's Christian Asscola- tion we know very little, but it is eminently satisfactory to note that at the opening of some now rooms in connection with the Hongkong branch recently it was urged that the institu- tion should be conducted on the randy money Bystem.

MACNIVEN & CAMERON'S "J" PENS. Mr. Haynes, manager of the Hongkonur Hotel, are by special devicein manufacture the smoothest charged Domnik, chief bo'sen of the U. S. S. sad most quill-like J nits to be obtained anywhere Solace, with stealing a biscuit box valued at $15.

In 6d. and te. boxes, at all Stationers, Two bar boys gare eridence. An officer of the WAVERLEY WORKS, EDINBURNE. (402-4

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1940

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