SUPREME COURT.
Monday, 23rd Outuber.
IN ORIGINAL, JURISDICTION. BEFORE SIR F. T. PIGGOTT (CHIEF JUSTICE).
AN INJUNCTION GRANTED. The North British Rubber Company, Edia- burgh, through their local agente, Messrs. Humphreys & Co., applied for un injunction to restrain the Hongkong and Kowloon Wharf and Godown Company from parting with the possession of L cases of rubber shoes, bearing what were alleged to be imitations of their trade marks
Mr. Pollock, K.C. (instructed by Mere. Wilkinson and Grist) said he appeared for the complainants who wore moving ex parte wer the provisions of the code for an injunction to restrain the defendauts from cases of parting with possession of 15 rubber shoes bearing spurious representations The writ of of complainants" trademarks. Anmoos was issued on the 19th instant motion on the 20th and the notice of instant. Mr. Pollock rend the affidavit by Mr W. G. Humphreys, of 16 Queen's Road Central, whe stated ho had received lustructions from explainants to stop the sale of rubber shoes bearing spuŝous representations of the firm's trade marks which had been registered in the colony,
His Lordship remarked that the trade marks on the shoes did not exactly correspond with the description in the affidavit.
Mr. Pollock submitted that all the material
facts were there.
From the affidavit it further appeared that the rubber shoes in question hand boen consigned to Messrs. Jorgo and Co., Zetland Street, against whom there was another action. Mr. Humphreys had written to the secretary of the defondant Company, who ha", in reply, expressed his inability to comply with his request not to part with possession.
His Lordship-Does anybody appear on the other side?
Mr. Pollock-No, my lord; this motica in ex parte.
Constel road other affidavits by Mr. Cecil Hamphreys and Mr. Wilkinson, of Messrs. Wilkinson and Grist, from the latter of which, be zuid, Lis Lordship would see that the defendent company required them to make some applica. tion to the court in connection with that matter. and they were now applying to his Lordship under the provisions of the code.
дви
His Lordship What are you moving for
Mr. Pollock-We are moring in terms of the notice on the paper. We are entirely in your Lordship's hands. We are moving for an absoluto order. The Godown Company require us to move for an order. If your Lordship made an absolute order, that would be served on the Godowa Celapany, and if they saw any reason to come to court they could do eo.
Mr. Pollock, In reply to his Lordship, dealt with the necessity for taking sach nction and mentioned that there was An action against Mesara Jorge & Co., which firm had purchased from some other firm those rubber shoes bearing a spurious imita tion of complainants' trade marke; and the Ja junction wassought to have the goods returned to them or kept from the market. Godown Company by asking for an order of the court for them to not upon had insisted on those legal proceedings, and probably the
The
THE HONGKONG DAILY PRESS, TUESDAY, OCTOBER 24TM¤, 1905.
ordered with a view to his prosecution, and us no prosecution had in faut been inslitated it would be nureasonable, that he should remain longer under arrest. Ample time had elapsed for the purpose of prosecuting Lim, resuming ony serious intention to Į that there was
presoonto him,
,
His Lordsbip-I think I refused bail. Mr. Pollack -Yes."
His Lordship-That strengthens your case? Mr. Pollock--Yes, he has been actually under
arrest,
His Lordskip- Quite so.
Mr. Looker opposed the application, Mr. Pollock thought his friend had no locus
standi.
His Lordship-In whose hands is the preseen
tion?
Mr. Wakeman-It has been referred to the
Law Officers.
His Lordship What decision have they arrived at!
Mr. Wakewan was understood to say the Law Offloors had decided there was no case for a criminal prosecution.
His Lordship-You support the motion? Mr. Wakeman-No, my lord. His Lordship--Who is to bring those before me?
Mr. Wakeman-It has been submitted to the Law Officors.
FINGER PRINT EVIDENCE.'
ITS USE IN HONGKONG.
[Written for the "Daily Press."] Though introduced into Hongkong rather more than a year agr, the system of tracing criminals by their finger prints, as practiced fu the Colony, has not come under the public notice. For several reasons, the chief being the erroneous impression which prerain on the subject, the local authorities hare hesitated to subrait the identification supplied by tinger prints as evidence on which they would add a jury to convict a prisoner, and hitherto they have been content to rely on the old and somewhat cumbersome proceeding involved in taking photographs and recording the descrip tions of the persone who pass through their bande. But interest in this now phase of criminal investigation has of late been aroused through various causes, and that will perhaps be domed sufficient justification for our dealing with it in this article.
Our attention to the practice was attracted by the case of a Chinaman convicted at the Magistracy last week. Arrosted on a charge of theft, his finger prints were taken, with the result that it was found he had been banished some time ago under a different name to what he had given ou this occasion. When before His Lordship-I should have thought that the angistrate be admitted the accuracy of the when they decided not to prosecate, the dismissal particulars and was, of course, dealt with accord of the bankrupt would have followed as a matteringly. This led to inquiries on the part of our representative, who was given opportunities of of course.
seeing how the finger prints are taken and learning, brongh the courtesy of Mr. F. L. Clyde of the identification department of the
Mr. Looker then stated that his Lordship had adjourned the case in order that the creditors might formulate the charges against debtor, but it was considered unnecessary for them to do so if the Attorney-General and Crown' Solicitor bad to prosecute.
it.
His Lordship-Now they havo declined to do
Mr. Looker admitted that it put them in an awkward position.
His Lordship-Yes, I can hardly order a prosecution.
Mr. Lookor asked that the court should order the mau to remain under arrest and to detain the books until he came up for his dis charge. He has been adjudicated a bankrupt and may apply at any time for his discharge.
His Lordship-In the public examination concludod ?
Mr. Looker-It has been practiosily closed. A lacussion followed as to whether debtor had committed an eff-peo or a misdemeanone, at the end of which,
Mr. Pollack said that the Law Officers having decided there was no case for criminal proseea- tion, he was entitled to asked for his discharge. His Lordship said, he did not, wish to express any views on the merits of the case.
Detective staff, something of the system.
what it is not.
there is a sub-classification based on the details of each finger which has the effect of giving each record its own distinctive character. An idea of the care bestowed upon the records may bo gathered from the fact that each in checked in turn by four and sometimas five officials.
Foen under the microscope, the prints reveal oven to the uninitiated points of difference which would seem to give each its special individuality, and it is interesting to note that when fuger prints are put in as exhibits they have been photographed and enlarged, so that it is easy for the judge or jury to see the points of similarity or dissimilarity on which the prox cantion rely. similarity in the finger olaracteristics of two in- dividuals been ignored. Experta have calen!atod that the cdds against all the numerous features of one digit being found in the finger of another individual are over a million to one, while the chances of coincidences occurring in each of the ton digits of one person would ran to Sgares representing more than the inhabi- tants of the earth.
Neither has the possibility of
Of course the chief see to which the finger print system is put is as a menus of identification after arrest. In this connection it has proved very valuable in India, as well as at home, and the results are likely to lead to its miora general adoption. Supposing a man is arrested, and it is suspected he has been in trouble before, the official in charge takes the impressions of his fingers and classifica then. Taking the records from the corresponding pigeon hole he res down the list until his eye catches the peonliarity which gives this record its individuality. In like menner, the export can secertain within four minutes after the receipt of an inquiry. accompanied by the prints, whether the impres sions resemble those on any of the records. He bas in view (1) the primary classification, whether all ten fingers are whorls or loops; (2) if all loops the sub-classification is given by ridge count. ing; (3) if all whorls, sub-classification is given by ridge tracing. Points of difference as woll us points of agrcow eat are looked for, and he
a
THE
NO. 2 FOLDING BROWNIE.”
A PERFECT POCKET CAMERA,.
FOR
$12:00.
LONG, ·HING & Co..
No. 17, QUEEN's Road, 30
THE BURLINGTON.
4, PEDDER STREET, OPPOSITE THE HONGKONG HOTEL.
WINTER MILLINERY & READY-MADE COSTUMES
OF THE
LATEST FASHIONS. (JUST ARRIVED).
A LARGE ASSORTMENT OF AMERICAN & FRENCH SHOES;
SMARTEST SHAPES.
A VARIED SELECTION OF TRIMMINGS & RUCHINGS HATS & DRESSES MADE TO ORDER WITH PROMPTITUDE & REFICIENCY. BEST VALUE IN THE COLONY.
Hongkong, 17th October, 1905.
PRECAUTIONS.
Regulations bave likewise been issued for the town and state of Hamburg which appear to bo thoroughly adapted for the purpose. People are warned not to drink unfiltered Elbs water, whilst no necessity exists for boiling that from the town mains before using it, as the system of filtration is perfect; persons arriving from cleewhere, whether residents or strangers, are ordered to report themselves to the sanitary anthorities, if within five days prior to their arrivel here, they have been staying in any dis-
At the outsel one has to distinguish between what finger print identification is and what it is not. It will perhaps. be easier to say, firstly, It does not mean that the similarity of one finger print of a prisoner with an impression in the pigeon holes of the Police Department is sufficient to establish his identity,sually has little trouble in deciding whether or trict where cases of cholers have occurred; inn-
If such were the ease there would be some justification for questioning either the volno or the justice of the system. No, finger print identification is much more than that. The impressions of the whole ten digits are taken, and white points of similarity between two persons' prints may be so great in two fingers as to make it difficult to distinguish between them, yet in all the thousands of records taken by the police there have not been discovered o hauds alike, so that the possibility of an error is very remote.
not the individual in question in on record in that department.
While the system may not be infallible, its working so far has not revealed any defects, and we are sure that were the public more intimate with its operation and aware of the rare exer. ofsed by the authorities, its value would be better appreciated. It has stond the test of many years and its greater application in the Colony would certainly not be prejudicial to the further- sace of the names of law and justico.
HAMBURG.
(FROM OUR CORRESPONDENT.)
Hamborg, 19th Sept.
CHOLERA.
In happy to say that the cholera, the
keepers, managers of lodging or boarding houses, in fact everybody receiving guests, privatë per- sons not excepted, are strictly enjoined to see that it in done and to put the necessary questions on the subject. There is much more of the samu kind which I need not go into what I base and suffices to show that the experience of 1892 has not been wasted on the authorities
SUGAR.
Bat to turn to another sabject. A com- muniquè has been addressed to the local papers) with regard to the recent events in the sugar trade:
E
Exaggerated reports having been cirenlated as to the effects of the heavy decline in the prices of sugar and the recent catastrophes in Paris on our market. short acomt of the true state of affairs Beema called That Hamburg with its widespread international connections should have suffered to a certain extent, like London and other markets, it would be vain to deny; it may be looked upon as a proof of the important position in the trade it has acquired during the last seventeen years. To conclude from this how. ever, directly or indirectly, that our Sugar! Exchange is a gambling den, is by no means justifiable and demands an era phatic protest;
The reason for selecting impressions of the fingers in proferanes to any other part of the human body is that these do not show
show the same obaracteristics in old age; and any change. Finger prints taken in early years even change of occupation is not sufficient to affect the peeabarities which distinguish the Mr. Looker said that he had not bad time to hands of one individual from Buecher. For appearance of which in the eastern provinces for. consult his clients but knew they desired the instance, a clerk with soft hands and delicate application to be opposed. They would have fingers may in course of time engage in manual already prosecuted the debtor privately but for labour and become a koray banded son of the fact that it had been held by the Attorney- toil." Yet though the fingers may be scarred General that they could zot do so.
and seared and the skin hardened, the readings His Lordeli--If I acquiesced in this motion of the finger priots will, notwithstanding the I should be supporting the contention difference that has taken place, disclose the that there is as power to privately pres whorls or loops, ridges bifurcated at certain ecate which I am not at all prepared to do paints, and the stopping abruptly of others that iu the absence of further information, were found in the original prints. I thought the power to prosecute was open to all. I should not like to be held to acquiesce
but I agree that there is hardship in this man being kept in prison.
Mr. Looker What we ask for is that there
That this method of identification is really an ernst science is demonstrated by the fact
of the country I mentioned in my last, has since made little if any progress and that there seems to be no danger of it assutaing au epidemic obaracter. There have been fresh cases, but they have been isolated ones and the total so far remains below two hundred, of which about one third proved fatal. Sinos the death of the last victim, a week ago. Hamburg has been perfectly free, and as it is a question
beat course would be to grant complainants a being extremely strong cause to believe that the the colour and quantity of the hair, the fint nad | medies! officer appointed by the United States excess in the last named year of business
absolute order which would be served upon the Godown Company. Then it would be competent for them at any time, assuming they wished to take any further action in the matter, for the latter to apply to have the order sut aside. The other action was against Mesers. Jorgo and Company.
His Lordebip-Supposing it turns out that
detained in gaol er required to present himself prisoner has committal an offence he should bo for his release under the Bankruptor Ordinance Mr. Pollock-My friend asks your Lordship to keep this man in prison because, he may have to put him into prison later on.
In giving his decision his Lordship said- conditional on the bankrupt coming up for
11. GAINS,
Manageress.
[1996
NO TONGUE CAN
TELL SUFFERING
From Itching and Bleeding Eczema
-Pain Terrible-Body and Face: Covered with Sores Doctors and Medicines Failed.
ANOTHER WONDERFUL
CURE BY CUTICURA
"No tongue can tell how I suffered for five years with itching and bleeding ec zema, until I was cured by the Cuticurs Remedies, and I am so grateful I want the world to know, for what helped me will help others. My body sad face were cov ered with sores. One day it would seem to be better, and then break out again with the most terrible pain but never and itching. I
have been sick several
in my life did I experience such awful suffering as with this eczema. I bad up my mind that death was near at hand, and I longed for that time when
made
I
would be at rest. I had tried many dif ferent docters and medicines without suc cess, and my mother brought me the Cuticura Remedies, insisting that I try them. I began to feel better after the first bath with Cuticura Soap, and one application of Cuticura Ointment. I con- tinued with the Soap and Ointment, and have taken four bottles of Cuticura Ro. solvent, and consider myself well. Any person having any doubt about this won- derful cure by the Caticura Remedies can write to my address. Mra, Altic Etson, Bellevue, Mich."
ITCHING ECZEMA
And AH Other Itching and Scaly Eruptions Cured by Cuticura. The agonizing itching and burning of the skin, as in eczema; the frightful scaling, as in psoriasis; the loss of hair and crusting of scalp, as in scalled head, from infancy to age; all demand remedy of almost superhuman virtues to successfully cope with them. That Cuticura Soap, Ointment, and Pills are such stands proven beyond all doubt.
Calicurs Soup, latexal ast Pits are sold throughout the world. Desude Lendon, Charlerone B Paris, & Dine de Pale: Aortali, R. Towne & Co., Bydnay, Porat izuga
Send for How to Cure Examna, Malyd Fro 69-11
the transactions booked by the Clearinghonse Bank (Liquidations Casse) amounted in 19:12 to 11,803,500 bags: in 1903 to 8,527,100 bags; and in 1974 to 18,428,500 bags: whilst the protection, the widest publicity should be given turnover in actual sugar reached in 1902 1903 7,157,000 bags, to the extremely favourable opinion expresset 9,034,000 hags: in
The large on the subject by Dr. Allan McLaughlin, the and in 1994 9,450,000 bags,
that in actual sugar is government for the inspection of emigrants, in futures oror on the first news of the outbreak of the accounted for by the abnormal conditions then
Cheta, Cory Boncz, U. 8. A, Bale Prop At an interview prevailing, the effects of which extended far disease in this country. granted to one of the staff of the Hamburg into the following year. Under the circum- Fremdenblatt Dr. MeLanghlin acknowledged stances and in view of the millions of bags of the courtesy and openness he had met with the article dealt in bere, no impartial observer at the bands of the medical authorities and would venture to assert that the Hamburg
uf vital importance to the place, as to all emigrant ports, that it should not become suspect" and that full confidents should be that it is based on pattern and ridge charact-r-pinced abroad in the measures adopted for its istics which persist throughout the period of human life. The dimensions of the limbs and body alter in the course of growth and decay
teeth, the expression of the features, and even the quality of the skin, the number and set of the eye obauge after many years, but in the minute ridges on the fingers there is a persistenco which has been known to last after death up to the time when the shiu perished through decomposition. It is stated that the marks on the paws of stuffed monkeys still romain legible Be that as it may, it will be admitted that given this permanence in the finger skin characteristics, it should not be difficult to establish a systom which could be applied universally, and this is what has been done through the labours of scientists and police experia. Having indicated what it is as a science, we will now proceed to the consideration of the finger print system as on art,
PORE FRESH WATER. THE HONGKONG STEAN WATER-
these cases do not coutaiu rubber shoes as stated. I could not make the order for his relers the Gugers of many Egyptian mummies and on the heads and managers of the shipping firms, Sugar Exchange lacks a solid foundation18 BOAT CO., LD., is prepared to supply
Mx. Pollock-Then, of course, we should
have to suffer for it.
His Lordship-Thorn is manifestly a príma facie case of infringement, and it is clearly cars for an absoluto injunction. If the injune-I am justified in keeping a tion is granted that disposes of the action?
Mr. Pullook-Yes.
His Lordship-Therefore you are practically entitled to judgment on the writ?
Mr. Pollock--Practically so, my lord. The question of costs was mentioned by M, Pollock, but his Lordship said this question would arise on any application respecting the injunction and he would reserve his desicion on that point till then.
IN BANKRUPTCY,
YIK WING EXPARTE MA FAI NAM,
had even been made; in fact there had been He considers the police nothing to conceal. and medical authorities of Hamburg to be amongst the most efficient in the world, the protective measures devised by them being well conceived and must conscientiously carried out by all concerned.
Call Flag W.
J. W. KEW, Manager,
Hotel Mansions, 3rd Floor, 1499 Hongkong, 8th August, 1905.
and emphasised that no attempt at concealment floating in the air. Moreover the regulations ANY QUANTITY OF PURE FRESH of the Clearinghouse Bauk, providing for the WATER to the Shipping, both for Desk and payment of original margins and of subsequent Boilers. ones, in cases where the market goes against the operator, at a moment's notice, net as a whole-
at reckless speculation and lessen the chases of some, if not as an absolate, check on any attempt disasters where the bounds of prudence bave been oversteppod. No anoh institution existed in Magdeburg in 1888, nor does there to the present day in Paris, bat the establishment of one in the latter parket is now seriously contemplated.
PRAISE FOX THE X. A. L
The soundness of the business here could not i
SUN FAT & CO.
MANUFACTURERS AND DEALERS IN LADIES AND CHILDREN'S UNDERWEAR, EMBROIDERIES, LACES, SILKS, PONGEES,
GRABS LINEN, SHAWLS, HANDKERCHIEFS; BLANKETS, THONES,
FANGY GOODS.
No. 82, QUEEN'S ROAD CENTRAL. Any Order Promptly Attended To. Hongkong, 12th January, 1905.
his discharge under the Bankruptcy Ordinance With regard to the other matter, I think it is of considerable importance. I do ubt whether man in prison until the doubt in my mind is satisfied. I don't think I should be interfering with the rights of creditors, if tliey intend to prosecute, by ordering his discharge.
This man has been
'The emigrants' queriors of the Hamburg in prison much longer than has been necessary
for special praise; With a piece of flat tia, some printer's ink, a Ameriena Line come i been in vacation. if the court and not
roller for spreading it, and a sheet of ordinary nowhere," says Dr. McLaughlin, have I met Directly the decision of the Law Offcers had
white paper, we will set to work. These few with a shipping firm who seemed to have the been obtained, I think he should have been simple appliances are all that are required, welfare of their steerage passengers more st released, I certainly could not take any action Sureading the ink on the flat tin, we take the hoart; the sanitary arrangements and regala.bs more clearly demonstrated than by the fact with regard to ordering a prosecution or
hand of the subject. place his thumb on the inky tions are excellent, whilst a staff of experienced that the convulsions the sugar market has lately EBONY FURNITULE AND expressing any opinion on that subject. If surface, then transfer it to the paper, making and mest conscientious toodical man, aided by experienced have not led to a single, suspension the oreditors think it desirable to raise the clear print. And so on with the inter, middle, body of thoroughly trained subordinates of payment, and although the "profit and question of whether they buvo the power to ring and little fingers. Immediately below watches over the strict observanes of then I losa nocount" of some firms may have been these we record the impressions of the corros- visit overy boat before it puts out to sea Mr. Pollock said he appeared on behalf of whereby that question can be raised. I don't pending digits of the left hand. A sify on this is order to satisfy myself that everything on apprehensious, as the losses, which at first AUTOMATIO MA USER the bankrupt who had been committed to prison think I am justified in keeping the bankrupt part of the operator might lead to the flogers | board is in conformity with the regulations were grossly exaggerated, have since shrunk
not being priated in their proper sequence, for unigrant vessels laid down by the laws but this contingency is guarded against hy of the United States and it is not until placing the index, middle, ring and little fingers I hara anviused myself of this being the of each hand in a mitten or strap and taking case that I sign a bill of health; in not a their impressions simultaneously. This ensures single instance, however, have I bed to with- the fingers being read in the proper sequence, hold my signature. I may say that I hare for the one impression must prove the other. rarely met with such order sud clemuliness on
of to the classification Coming now
board ship as in these Hamburg passenger the impressions, we learn that for purposes boats. The quarantine iswa of the States limit of indexing there are four malu reference to period of segregation to five days marks. The Brat indicates the character emigrants hero, before being allowed to of the ridges on the thumb-whether bark, are kept under strict medical whurls, loops, arches or composites; the second
C & warrant pending a criminal prosecution.
Mr. Looker, who appeared for 22 creditors, said they had had no official notice of that application, and he thought it would have beam proper to inform those who were representing the creditors.
In reply to his Lordship, Mr. Looker whied that debtor bod been arrested on the 3rd August and he was examined subsequently. Then they asked his Lordship to make an order for bis prosecution and his Lordship adjourned it for consideration,
prosecnie now, I think there are means
in prison any longer and he will be discharged. The question of costs was reserved pending any further steps the Official Receiver may decide to lake.
WEATHER REPORT,
The Hongkong Observatory yesterday farmed the following report
On the 23rd at 11.10 am. The barometer
bus risen in Japan, and fallen over China and the Philippises,
more or less affected, no cause exists for serious
to moderate dimensions.
RUSSIA AND THE FAR EAST,
Goder the tide of "Tho Will of Foter the
Groot," the Dépêche Coloniale published last month an article, the gist of which was to
advise Russia to abandon her Far Eastern dreams. The writer said
The Treaty of Portsmouth blocks for many years to come the way to the Far East for Russia. One is, indeed, inclined. to inquire! whether the Russians even in the distant future will find anything reasonable to do in
Pressure is highest between the E. coast of the special feature of the index finger supervision for six days, and the various eat, as they say themselves, by the yellow!
PISTOLS.
CALIBRE 7.53 L. With CHAMBER for 10 CARTRIDGES FIRING 10 SHOTS ↳n 2 SECONDS.
SIEMSSEN & CO. Hongkong, 3rd October, 1990.
DR. NEWELL WILSON,
DENTIST.
Latest American Methods. Reasonable Fees.
No charge for examinations. -Offles hours 9 4,31 to 5 P.21,
52
The fall over the latter area appears to be das
that Far East whence they have been turned to a depression to the S.E. of Lezno.
dwarfs. They were not able to conquer Mr. Pollock held that there must be some reasonable limit to the time a man was kept in China and Japan prison Debtor had been arrested in the
No. 4 PEDDER STREET (next to the Gradients continus rather steep over the third the special feature of the index and middle regulations which in ordinary times are only Constantinople, and they were compelled to
corned have now been extended to ali steers will Bagian diplomoney allow itself to be General Post Ofles and opposite to the side
so earnestly desired by Pater the Great? expectation that criminal proceedings would Chiva Sex, and strong monsoon may be expected fingers combined; and the fourth the number applied where Russians, Foles, etc., are con- give back Port Arther. Where is the ice-fres
in the Formosa Channel and strong N. and N.E. of ridges on the little finger. It will be sur- be institutad. No proceedings had been taken wieds to galo over the middle and North of the prising to find how many records this primary could be better organized, or more carefully formula which events have rendered offate? It
passengers, including GermanS.
hypnotized for another century or two by that entrance to the Hongkong Hotal).
Hoagkong, Jaly 59, 1933.
1370 Chios Sea.
Forecast-Moderate N.E. winds; dine.
in to be boped not.” classification brings into one pigeon hole, lat
} carried out,"
and he now asked for his release. Two months has elapsed since the arrest of the bankrapi was
Nothing
port