Page
INTIMATION
A. S. WATSON & CO.,
LIMITED,
ESTABLISHED A.D. 1841
CIGAR MERCHANTS TOBACCONISTS.
AND
THE HONGKONG DAILY PRESS/ESDAY, APRIL 6T¤, - 1911.
removed. No Conference could over hope to At the Magistracy yesterday
Thomas
satisfactorily dofiue the extent of armisamente Thomssa, unemployed, was and for
drunk ad disorderly at Prays East,
LEGRAMS.
rotected by the Telegraph Message
Copyright Ordinaren, 1894.1
PRES" RIOLUSIVE SEZTICE.] PLAGUE COMMISSION,
SUPREME COURT.
Wednesday, 5th April.
IN ORIGINAL JURISDICTION. BEFORE HIS HONOUR SIN FRANCIS PIGGOTT (CHIEF JUSTICE),
AN EXSCUTOR'S CLAIM,
!
Mr. Potter, in opening the case for the defence, said the plaintiff admitted that the books were kept in the shop where he could go and insport them. Further, he himself kept an necessary for a particular country having regard to the proportionate limitation of the
account of transactions of the Hongkong Bat-
armaments of the other nations. The problem
chery of which it was necessary to keep an account. The only matter of which on secount involves too many delicate considerations,
onght to be kept by the plaintiff were the which are so obvious that they need not be
sausage and corn beef transactions, and that statod, and the statement of the Chancellor
Lan Po Ten brought action against Cheung account was kept systematically from February. instead of being regarded as opposed to the
Tu Kau to recover 23,000 due for money lent, 1st, 1906, till January 1907, in the plaintiffs ideal of universal peace should be considered
Toxro, April 5th.
or in the alternative $3,000 ŭué on a promissory.own handwriting. So his Lordship would sa0 as promoting that interest, inasmuch as it
Kitazato has been elected note made by defendant on February 1st, 198, that the plaintiff was incorrect when he said sots forth clearly that the object aimed at will not be secured by the methods at
condition. He man of the International Com-and given as security for money lent, which note, that Mr. Howell had the sole control of the on being presented for payment was dishonoured, accounts. On the statement of claim Mr. Polter presont pursued and that other methods will had his removed to the Government Civil on which has assembled at Plaintiff also claimed interest at the rate of sine hoped to show the Coart that plaintiff had not have to be tried. His con cluding utterance The evidence of Dr. Koch was to the affectden to discuss the epidemic o per cant on the principle sum of $3,000, less given evidence suficient to establish a case. It
that universal arbitration was also impossible may be taken as supporting the interpreta. tion which we have given to his words, although we do not share that opinion. Uni. versal arbitration, in our belief, gives more hope of ultimate universal peace than any other method yet attempted. Great Britain and America have already demon-
We have been appointed
SOLE AGENTS for DIMITRINO & CO'S stated its valuo, and as the nations of the
Celebrated
EGYPTIAN
CIGARETTES.
BLUM PACHA
Parums:
L
$4.80 per box of 100..
SHEPHEARD'S HOTEL 440
POUR LES PRINCES... 3,50
נן
ور
3+
"
No. 5 EXTRA FINE...
3.50
##
**
よう
No. 9 FINE
2.50
ILL
2.25
>
"
#1
2.00
"
1
... 3:90
--CONSUL....
CORVETT
FLIRT
21
(Special terms to Hotels, Clubs, and Large Consumers.)
LIMITED,
ÁLEXANDRA BUILDINGS,
NOTICE TO CORRESPONDENTS. ONLY communications relating to the news column should be addressed to THE EDITOR.
|
At the Magistracy yesterday afternoon an inquiry was condusted by Mr. J. R. Wood, sitting a Cornuer, and a jury composed of Messrs. V. B. de Sours, V. L, dos Remedios and Thoma Meek, into the circumstances the delay Chaise coole, the attending during the exaention of a gambling raid at No. 8, Pasión. Street, on the 16th March. Polies Sergt. Grant stated that after the raid the man w found by him in the back Jard
AN anconscious
Hospits, where he died a fow hours afterwards,
that the man had died of a fractured skull.e in Manchuria. After haring other evidence the jury found that desh was due to fracture of the skull and
was the result of an accident.
CANTON.
(TOM OUR OWN CORRESPONDENT.)
April 4th.
PROVINCIAL ACCOUNTS, Hitherto, what has been done with the revenue collected from various sources in this
Provine has been unknown to any ona bat the very highest officials. The now Viceroy has observed that this is by no means in accordance
where binils of revenue and expenditure are
HE TREATY BETWEEN JAPAN AND AMERICA.
TOKYO, April 5th. he text of the Treaty between an and United States, recently luded, has now been published.
MALIGNED, AMERICANS.
Toxro, April 5th,
payment on account, until payment or judg-was said in the statement of claim that the
ment.
The statement of claim set out that plaintiff was one of the executors of Lan Chin Fing, deceased, who died on October 3rd, 1907, leaving a will of which probat was granted to the ecutors named therein on November 18th of the same year. On January 30th, 1905, deceased lent to the defendant and others $58,500 on the
defendant falsely and frandulently repressatod that the business was not paying. There was a diret charge of fraudulent misrepresentation. There was no beating about the bush er ambiguity. It was put down in cold print. Bat there was no evidence before the Court to At any rate the support that allegatim,
plaintif himself had not been able to allega any fasts which supported it. A plaintiff in a case of this kind could always go into the box and say he believed that defendant's statement was untrue, but that was not sufficient.
His Lordebip-He has produced an account Mr. Potter said there was the allegation of
security, inter alia, of a mortgage given by the defendant on his property, which was registered world realise with succeeding years the!
as the remaining portion of section B of inland On lot No. 18, and inland lot No. 1326. grave responsibilities of embarking upon
February 1st, 1908, $47,100 being then due on wat and are the more readily inclined to
the mortgage and payable to defondant, plaintiff exhaust all other means of adjusting na-
and the other executez executed a reassignment ant. tional differences before resorting to the with therals that prevails in foreign countries. The Yokohama Board of Trade has of the property in ensideration of the sum of "dread arbitrament," they will develop a
mortgage for $9,600 on other property of misrepresented things to him, but there was ne faith in these tribunels which have shown published. The Viceroy has therefore satised a resolution condemning an 834,500 paid to the executors in cash, and of a the plaintiff that Ms. Howell fraudulently His Lordship-Thera is the evidence that themes/ves capable of dealing with inter-officer Shanghai in order to get the provinciicle published in an American the defendant and a promissory note for 83,000 evidence to support it. national disputes in a manner consistent book of these socounts will soon be on sale at
the books were kept badly. What it is worth al accouts of the past year printed and the riodical by Mr. Melville Stone, the given by the defendant to the plaintiff.
is another quatter. with the great issues at stake. The idea to the price of 6 taels por volume. This book anager of the Associated Press, in Defendant had paid interest to the amount of which ex-President ROOSEVELT gave I should pore interesting reading to those who nich American residents in Japan Mr. M. W. Slade, E.C., who was instructed pression while in Europe last year that the are at all interested in local affairs, and it incidere inaligned, a Japanese Minister by Mr. Needham, appeared for the plaintit, the sake of my argument. Even if the books nations should form a kind of international sutally Bows the pains the Viceroy is taking to State being quoted as authority for He stated that the end came on ez parte on the
police force with a kind of sheriff as official
to see that peace was maintained is not without merit, but doubtless other and
better schemes will be evolved as greater consideration is given to the subject.
bring the province into line with the procedure of more slightened places.
TO SUPPERS PRIVATE GAMBLING.
he statements.
The cloials are just now very much exercised | BRUTER'S SERVICE TO THE "HONGKONG as to how they will be able to suppress private
DAILY PRE56." ] gambling. Now that the public gaming houses good intentions will be defeated by persons who have been closed the officials for that their.
AMERICA AND JAPAN.
It has been asserted by certain very advanced thinkers that if one nation were will rent out their promises as private gambling EXCHANGE OF CORDIAL MESSAGES.
saloons. A Mr. Leung, of the San Wal District, las sent in the following suggestions to the Voorsy to aid in parting down all kinds. of private gambling (1) Auy person may
LONDON, April 5th.
$405.
failure of the defendant to file a statement of defence. The claim was on a promissory note given by the plaintiff to the defondant as. exentor of the decused person in settlement of certain indebtednew by the defendant to the deceased.
Plaintiff entered the witness-box and produced the promissory notes, and judgment was entered on his behalf.
CLAIM FOR AN 1000UNT AND RECEIVER.. Kwok Sz. Cheung Treung Chi and ethers
will of Cheung Hol, deceased, for an account of
Mr. Potter-I will socept that position for
wero extremely badly kept that is not ferience to prove to any Court that the defendant fraudulently misrepresented things.
His Lordship-If a thing is not true it in fraudulent.
Mr. Potter With great respost, ▲ thing may be untrue and may be as for removed from
fraad as the North Pole is from the South.
His Lordship-If the books were badly and. wrongly kept that is some evidence,
Mr. Potter-There is no evidence that the booke wers badly or wrongly kept. If there was the plaintiff admits the books were kept
claim..
President Taft, replying to a cordials a claim by the plaintiff, as executor of the by an acconstant. I am told he is dead now. be allowed to send in an accusation by post message from the Emperor of Japan the share of the said deceased in the business of That is one of the disadvantages of bringing sale provided the accusation is accompanied by the on the occasion of the ratification of the Shun Kea firm, otherwise Robert Jack & sender's tue para o and address as a guarantee of dominions, would have nothing to gain by his bondjies. (2) Local offers are to be closely the Japan-America Treaty, jouts with Co., and for the appointment of a receiver,
In watohod to see if they are receiving what the the Emperor in confident expectation Chinese all "dark money for the protection of that the Treaty will result in binding private gamblers. (3) If a gambling house is closer the ties which have for so long known to exist in a particular neighbourhood noted the this is entirely in accordance with the and no din its information can be obtained, the united the peoples of the United
1.7
THE RUSSIAN DUMA..
to scrap ber navy and disband her army her safety would not be endangered. In the case of Great Britain, it has boon argu. ed that if she were to adopt this policy the other nations, having equal trading facili ties with the British in all parts of their
seeking to dispossess her of territory. A. S. WATSON & CO., other words, if one ambitious country attempted for certain reasons to annex any portion of the Empire the other nations would be sufficiently interested to see that smaller nations of the world exist mainly al Chuess idea of "justice." (4) After the because of the goodwill of the others, receipt of an accusation, if it be found true tho or because of the jealousy which will not gambler's property is to be confiscated; if faise, allow one to obtain anything in which the accter's goods will suffer the same fate. (5) Any offeal whose razzers or soldiers are found auther does not share, helps to support guilty of protecting gamblers is to be at onse heen elected President of the Duma. this view. Certainly a considerable degree degraded. (6) Any official or member of the of moral courage would be required for a
"gentry" who is found guilty of trading in ALLEGED nation to take such a step as that indi- gambling apparatus is to be sovorely punished. cated. Many would regard it as national (7) Doulb punishment should be meted ent to those whcare found guilty of encouraging females suicide it might be but that
in gamblag. (6) Rewards should be offered to weak nations do exist by the grace those who are instrumental in bringing gambl of the stronger is a fact not to be overlooked, ens to justies. (9) Junks soming from Maese, and if the experiment were tried and proved where gambling has not yet been prohibited, successful there can be no doubt that others should be confiscated if any one on board be would quickly follow. The civilised natious found gabling while in Chinese waters (10)
armies to protect themselves against each the indigont be lessened and so the desire for of the world should have really no need for The officals should exert themselves to promote patiso iniustries in order that the number of gambling be in great measure dono away with.
Correspondents must forward their names and addresses with communicatione ad- dressed to the Editor, mot for publication but as evidenos of good faith.
All letters for publication should be written on one side of paper only.
No anonymously signed communications that have already appeared in other papers will be inserted.
Orders for extra copies of DAILY PRESS should be sent before 11 am. on day of publication. After that hour the supply is limited. Only supply for Cash.
Telegraphia Address: PRESS. Codis: 4.B.C. 5th Ed. Lieber P.0. Boa., 34. Telephone No. 12. LONDOS OFFICE: 131, FLEET STR8s. E HONGYONG OFFICn: 10a, Ues Yœur ROAD C
The Daily Press.
HONGKONG, APRIL 6TH, 1911
UNIVERSAL peace, the happy state which the world may reach at some more or less distant date, is not likely to be retarded by the statement made by the German Chin-
60:
other. Arbitration should be sufficient to settle all their differences. The necessity
GAMBLERS TINED,
LONDON, April 5th. M. Rodsianko, an Octobrist, has
JAPANESE -SPY NEAR ST. PETERSBURG,
LONDON, April 5th.
The statement of claim showed that Choung Tang Chi was the managing partner of the Shun Keo firm, but had now absconded. The second
defendante, the Shan Kes
How can it be said that Mr. Howell in responsible for accounts kept by the novountant? Iis Lordship-We can have that argument after the case is over, bat not now. I think there is a casO.
Mr. Potter-Your Lordship holds, there is n ase of fraud ?
to
HisLordship-There is a case on the pleading coal merchants lately carrying on business at go to the jury. There are facts given in firm, were a firm of compradores, stevedores and
had the cais? . . và sanh là gái ruột nhatantiate fraud. basiness was now in the hands of a receiver, and
Mr Potter-It must come to this, that there was in course of being wound up. Three is evidence that the defendunt falsely and fraud- docensed partners in the firm had each at the icatly represented that the business was in a time of his death shares of $7,000, $3,000 and bad way and that he falsely represented that $3,000 respectively, and another person had a
the plaintiff owed in a sum of $1,400 odd. share of $1,000. Since the death of Cheang
Hie Lordship-There is a case on the plead- Hoi, the first defendant had managed the inge. If I go further it is fantamount te business of the defendant firm, which made conering that Mr. Howell has been guilty of siderable profits and was interested in several Prak other businesses and properties within the juris. diction of the Court. The first defendant had disposed of the grater portion of the profits of
Mr. Potier-I think it can only mean what I say. It must mean that if Mr. Howell did-
not answer the case he would be found guilty
the said business and converted then to his own of fraud. What evidence is there of the allega-
A Japanese has been charged at St., and he had not properly accounted to Lay of the plaintiffs for the Arma. Petersburg with espionage.
He had further concealed or destroyed the books of the firm for the years 1899 to 1906. He had further from time to time, issued falso and
aid firm which he had converted to his own use misleading balance sheets to the plaintifs with view to concealing the movies belonging to the
Plaintiff claimed from the defendants an account of the shares of the plaintiff in the business of
He was arrested at Strelna, close to St. Petersburg, and had in his
Aramenbaum, and the south shore of possessin photographs of Peterhof,
Finland.
LATER.
THE SPANISH CABINET REMODELLED.
LONDON, April 5th,
a
for armies and navies should only be as a In the City and suburbs all gambling appeara protection against the uncivilised races of to have been completely stamped out. It has
The Japanese arrested at Strelna the Shan Kes dira; payment of all such monies as may be found das on the taking of an account; the earth, and ar international force | been quis noticeable during the past few days was not detained.
costs and further or other reliať... gambling has been seen in the
In his defense the first defendant stated could be arranged for that purpose. 01 thut
the lonely districts
that since January another consideration streets. However, in
3rd, 1900, he had course, there is
been the manager of the defendant firm, which may
hasten the parliament outside the great North Gate, where there are
and further, that he was the sole surviv. and that 18;
no polio, gambling has been found to be as of peace,"
the greater
rifo as wer. A raid made yesterday resulted
ing partner of that firm. He denied that cellor in the Reichstag last week when he/ destructiveness of warlike preparations in the discovery of many people engaged in
large or any profits had been made in the various kinds of gambling games, and there
business since January 3rd, 1900, and stated declared that since the question of universal ALFRED NOBEL, who did so much for the cause of peace, said, discussing how war disarmament had been introduced at The might be stopped, "Faihaps my factories places hown as New On and Sam Ycon the have a heavily fined. It is said that in the
that if any profits had been made the same had been lost. Defendant admitted that the books Hague Conference no practical scheme had will put an end to war sooner than your gaming shops have not been closed at all,
for the years 1899-1906 were destroyed, but been evolved. The frank recognition of the Congresses; on the day when two army
denied that they were destroyed for concealing the contents thereof, or for any improper failure of all schemes does not necessarily corps rány mutually annihilate each other Sometime ago an Imperial Edict, issued by imply hostility or aversion to disarmament.
purpose whatever. From the beginning of the in a second, probably all civilised nations the late Emperor Kwong Sü, did away for over
year 1900 up to the end of the year 1909 Great Britain insists upon a programme will recoil with horror and disband their with the abominable system of torture for
defendant supplied balance sheets showing the profit and loss of the trading operations ag shown in the books of account of the firm.
Mr. Blade, instructed by Mr. P. W. Gold ring (of Messra Goldring, Barlow & Morrell),
The woman, one of the boat people accused of stealing our from the 2.s. Hercules, was yester day sentenced to six wooks' imprisonment for her complicity in the transaction.
TORTURE.
famous for centuries. However, it would appear
Sr. Canalejas, the Spanish Premier, has remodelled the Cabinet, omitting the Ministers of War and Finance who are doubtful supporters.
tion that he persuaded the plaintiff to give up the management of the business and take the post of steward and parser on the Pelican.
His Lordship-I don't want to eatyon short, but there is evidence given by the plaintiff to
of deciding this case without Mr. Bowell in the support the whole of the statements made in the statement of claim, and I should not dream
box.
Mr. Potter said he did not for a moment desire
to keep Mr. Howell out of the box, but he had to de bis datyand ashe had done it he would now pass to the statute of limitations. This was AD objection which he submitted ought to be fatal to the plaintiff's case; that although the defend- ant had specifically pleaded the statute of limita tions the plaxotif had not alleged by way of reply anything to take the case out of the Statuto. That was sufficient to put an end to the case. They had it admitted in evidence that the business was closed definitely on Jun- mary 4th, 1907, and on the face of it an account whereas this action was brought in 1904. The of a business closed in 1907 was statato barrad. only finding open to the Court if the plaintiff scceeded was that Mr. Tatem was the sole proprietor of the Hongkong Butchery Com-
pany.
His Lordship-I don't think you can say that, because the relationship between the par- fies was such that it might have been a pariner- ship in law.
Mr. Potter-There is no allegation of part- nership. If there was, we had a right to terminate the partnership in January 1907. Proceeding, Mr. Potter said that this case was statute barred on the face of it and the plaintiff was driven to allage fraud to avoid the statute. If
[FROM THE MANILA CABLENEWS."]
U S. INCOME TAX LAW.
Washington, March 30. that the diet is disregarded even in this city.
The members of tho new Congress are A day a two ago, the officer in charge of the No. 1 Eastern Section Police Station had gathering in the Capital preparatory to the occasion to investigate into the conduct of four opening of the session, April 4. The leaders appeared for the plaintiff. He said that a state- there had been say partnership between Howell men. As they would not confess to having of the new House have been in Washingtonment of class had been fled as well as a state- and Tatem in law there would have bean, no noces. committed a crime; he caused them to kuest for for acte time drafting legislation it is ment of defence, but the latter had been struck sity to have alleged fraud or anything else, and over an hour on sharp rusty iron chains, and proposed to enact at the coming session. out on account of the non-compliance by the Tater when he care back in 1891 could have then hat them severely. The officer is likely Among the important measures
being defendent of an order of the Court. The ra to be cled over the coals for this outrageous drafted a new income tax bill it is planned defendant had absconded in default of finding conduct, for it is indeed monstrous that a patty to past.
security. The daim was for partnership no
police deer should set at naught a beneficent Imperis Decree:
THE CORONATION COMMITTEE,
which she considers necessary for the troops. That is so. The increasing de.which the Chinese law courts have been in- protection of her world-wide empire structiveness of the instruments of war and Germany follows with a programas which the greater appreciation of peace, not to in the opinion of her rulers is essential to mention the burdensome cost of armaments; the maintenance of her interests; and a should together make for the consumma- these two nations occupy leading positions tion so devoutly desired by the nations of with respect to mi itary armament the the world. advocates of peace and of disarmament realise that they must induce a change of belief in these countries before their preach ing can have much avail. It must not be
Before Commander Beckwith, R.N., yester inferred that the solution lies with either the one or the other of these nations, but it day at the Marine Court, Mathow Patterson,
We are informed that the Coronation Com George Browne, James Duke sand Tyodore cannot be denied that the course of action Vandervelden, of the s.5. Empress of Chins, moved from one house to another in the west-anciens in order to make a beginning, has Two days ago a rich, family named Leung mittee, of which the Governor appointed a followed by any one of these nations has its were charged with absenting themselves era sularbs. The family moved out first and power to to-opt as many others as it may desire influence on the other nations of the world. from duty. Arthur A. Cooper, Chief. Offloor, left the servants to bring along the luggage without reference to the Governor.
When the German Chancellor remarked stated that the practice of "breaking out! Just they were about to do so a number of that all disarmament schemes. must be while in Hongkong was getting too common, armed men broke into the house, overswed, wrecked on the question of the basin of His Worship sentenced prisoners to one the Erightened domestics and made off with adjustment,
which
utterly im- practicable he gave expression to an opinion which is generally entertained even among those who most ardently desire to use the burden of national armamenta
Way
GREAT ROBBERY,
month's imprisonment with herd labour each property to the value of several thousand to be released on demand from the master dollars Luckily one servant managed to before the ship left, with the exception of escape, and by his information promptly caused defendant Duke, es lis Worship thought that one of the thieves to be arrested. How it is as he had been sick through excess he had had possible for robberies of this kind to be com- mitted in a well-policed city in open daylight is sufficient punishment. Defendant was ordered
a matter that passes comprehension. to go on board his ship at once.
H.K.OC. LAWN TENNIS TOURNA. MENT.
counts
His Lordship entered judgment for plaintiff.
TATEN *. HOWELL
The action was continuod in which Jobs
of the Supreme Court, for an account since Tatem med Frederick Howell, chief bailiff
24th September, 1905, of the receipts and disbursements of the defendant in respect of the plaintiff'a Imsiness of a hatcher and com. pradors carried on under the style of the Hongkong Butchery, and for a receiver.
Mr. M. W. Slade, K.C., instrooted by Mr. An interesting gain in the championship compeition took place on Tuesday when RJ, H. Gardiner, appeared for the plaintiff, und Hancock and H. Hancock (who had been defendant was represented by Mr. Eldon Potter, awarded a bye in the first round) met in the who was instrumed by Mr. C. E. H. Beavis (of second round. The first named 8-5, 6-3, 36, 6-1
won by
Messrs. Wilkinson & Grist).
brought an ordinary action for account if he lind chceen. But he had not chosen, so he wa driven sloven years afterwards to oring bie action and to silags fraud
His LordshipWhen did he return in feet? Mr. Potter In 1899, and he has sworn that--
that year he know as much shout the case as he does now. Proceeding, Mr. Potter said the plaintiff had ad- witted that in 1899 he knew the business had been re-opened. So when he came hers then be knew he was defrauded. In such circumstances Mr. Potter abmitted that the Statute of Limitation commenced to run against him from the time when he knew ho was defranded.
case of frond the statute never raz against a man until he had discovered the fraud or until he might have discovered it if he used reasonable diligence. Plaintif gaited that he knew of the fraud in 1899 and hat heing the nothing, and so was statuta barred.
he had stood by for nine years and dono Evidence was called and the hearing was aljourned.