Page
SUPREME COUNT,
Friday, 20th July.
IN SUMMARY JURISDICTION.
BORK Mx. II. H. J. GouPERTZ,
~ (Puign=-Judor),
THE CLAIM BY A NURSE.
THE HONGKONG DAILY PRESS, SATURDAY, JULY 27TH, 1912.
You told us that Mrs. Looker told you. I put it to you that you went in to that you could go and that she or world gladly pay your passage borne rather than bave you here so unhappy
Yes. But you took it back the same evening,
I put it to you that your answer was,
am determined not to be a failure, and get on "That is not so. I won't take it"-No, I asked you if
I may say that what you are speaking is untrue?That is not untrue.
Mrs, Looker said to you: "If only the
with anything "No.
The hearing of the action at the you stuck to Mrs. Looker's offer, and you child would he well, she would put up instance of Miss Emina 8. Hamilton said, "Certainly not." against Mr. H. W. Looker for $1,000, damages for wrongful dismissal, was con- tinued before his Lordship and a special jury consisting of Mosers. F. Maitland, A. R. Lowe, and L. Berindeagss. Reader Harris, of Messrs. Wilkinson & irist, appeared for plaintiff, Mr. Looker appearing in person.
Mr.
Mr. Looker asked to be allowed to put one or two questions which he had ever looked in his cross-examination of the plaintiff.
His Lordship consented.
Mr. Looker-After you had been dis missed and before you left the house, 1 offered, did I not, that I was quite will ing to let your engagement be treated as mutually rescinded-Not after you dismissed mo.
On what date did I diss you?-- Thursday, 20th June.
Did you see Mr. Wilkinson -Yes, Before you left the house I-Yes. "On the 28th June I wrote to Mr. Wil- kinson, I wish no harm to Miss Hamil ton. As I told you last Saturday if she preferred to rescind her agreement I was quite prepared in her interests to let I um the matter rest on that footing. still willing to do that." I put it to you that Mr. Wilkinson communicated that to you think that is a letter I have not heard about
Mr. Harris Mr. Wilkinson treated it as a privale letter,
Mr. Looker--Did I put that offer to you don't think that letter was read?
tume.
Was that offer made to you?-Will you read it again?
Letter read-That was not what Mr Wilkinson-
Was that not told you by Mr. Wilkin- son-No, I don't think I was told that by Mr. Wilkinson.
What is the date of that letter 1-261
June.
That letter says "As I told you last Saturday." Was that communicated to you ?--No, I have always refused to break the agreement.
Mr. Looker--I don't think you should look to your solicitor for corroboration.
Mr. Harris-I was not looking at my
client at all.
Mr. Lunker-I suggest your client was looking to you.
On the 8th July I wrote to Mr. Wilkit son telling his. I should have no objee tion to adding some such statement us you suggest to the testimonial and to provide her with a second class passage to England? That is the commanica- tion that was put to me.
You refused that I preferred to have what I had in my book, rather than what you suggested. It was not definite. That letter did not come until after the writ had been issued,
Mr. Looker-That letter is dated 5th July and the writ is dated 12th July.
Mr Harris Your Lordship will see how objectionable this is.
His Lordship-I don't see what it has to do with the case.
Mr. Harris-It is irrelevant.
You said that I said to you that you had swollen head, and that if you were a specimen of Norland nurses I did not What did I tell you -You said to me, "If you like, I will leave you behind think much of them. I put it to you that when we go back in October and we will that is not true?-That was quite true
Witness was then questioned as to obey. take a travelling amah with us." Then
ing Mrs. Looker's instructions. She you came back and said that "Mrs.denied having naked to be allowed to Cooker says it is impossible."
HOTEL RIVALRY ON THE HARBOUR.
Bluementhal.
WAB. a cross-summons
Mrs. Looker and said: "I don't know why I am doing things which upset you. I don't want to do it, but I can't help
An interesting case was opened before it." Is that true-It is quite untrue.
Mr. E. A. Irving, at the Magistracy And that Mrs. Looker said to you:yesterday, when Harry Kelly, of the "You have your two nurseries, and if Grand Hotel, and Albert Kahrs, of “No, I am not going to be a failure. you would only stick to them we might Messrs. Thos. Cook & Sons were gum
moned for using abusive language to Nathan Bluementhal, of the Astor House Hotel, and Kahts was also preceded against for amaulting There
against Blumenthal for assaulting Kahrs. Mr. W. E. L. Shenton, of Messrs. Deacon, Looker & Deacon, solicitors, appeared for the complainnut and Mr. M. Reader Harris, of Messrs. Wilkinson & Grist, solicitors, for the two defendants, break her agreement. Defendant made it Complainant stated that on July 21st perfectly clear by his perpetual nagging
ho was on board the str. Coblenz in the She interests of the Hotel, Mr. Solomon and that be did not wish to keep her... did not tell him on one occasion that the the two defendanta being also on board. whole trouble was because he grudged the Four American passengers were doubtful high salary he was paying her. He said whether to stay in Hongkong or go on one occasion that he would pay more straight on to Canton, and he offered to have the child well, but he added that to keep their baggage until their return he would grudge it. Plaintiff was ques from Canton, to which they agreed, when Mr. Harris-She does not say that attioned with regard to an occasion when Mr. Kelly "mixed in" and said the all. Her case in clear without that ezi
she was ill and thought that Mrs. Looker Grand Hotel was the only American would have sent for the doctor. Mrs Laokor did not offer to send for the doc. tor and witness did not decline to have a doctor.
IIis Lordship--How does this come in t Mr. Harris-It does not come in.. Mr. Looker-1 Ido not put these to the plaintiff and get her denial may be stopped when I examine my witnesses upon them. Flaintiff's story is that sha
never asked to be dismissed and was never willing to go-
dence.
Mr. Looker-The plaintiff has said in her evidence that she never wished to go. Mr. Harris-In reply to your ques- tions. That is not part of her case.
Hi Lordship-Your case is that the plaintiff was anxious for you to dismiss
her 7
Mr. Looker asked if witness could account for the fact that since she had left the child was well and in better health than it had been all the time it
Mr. Looker Yes. His Lordship-It goes to the facts of was under her care. the whole thing.
Mr. Looker---There is another view. 1 filed a lot of particulars of the grounds on which I justified the dismissal. In plaintiff's evidence in answering those particulars she made a lot of statements not directly connected with them, which if allowed to pass unchallenged might possibly bo prejudicial to my altitude and conduct and the attitude and con- duct of my wife. Having made these statements surely I am entitled to put in evidence to show that they are not true? His Lordship What exactly do you
Mr. Harris-That is not a fact at all My friend is giving evidence all the time. Mr. Looker-Can you account for the fact ?
His Lordship Put the question in pro- per form.
Mr. Looker -Can you account for the fact which I allege that after the child was removed from your care it manifest ed a rapid improvement in health!
Hotel in the Culony. Mr. Workman, head of the party, said he had decided to let his baggage go to the Astor House, and the witness proceeded to dispose of
HONGKONG SHARE MARKET.
Messrs. Veraon and Smyth in their weekly share report dated July zệth
Late-
With the exception of a speculative movement in China Sugars, the local past week and but little business of im- market has ralod quict throughout the portance has been transacted. Sterling the period under review, with Fine Hard Bubber show a slight improvement on Parad higher at a closing quotation of 4/111 per lb sellers. Singapore Hush-
bers are quiet bat steady at about last quotations. The Bank of England rats of discount remains at 3 per cent, but the open market rate has advanced toi 3 per cent. Bar Silver is steady at 27fd ready, 28d, forward, and Starling T.T. at 171. Consols after further receding to 798, the lowest point touched, are firmer again at a closing quotation of 74. Shanghai T.T. is quoted at 733.
BANKB. Hongkong and Shanghais havo been sold in small lots at $87, closing with sellers at $825. The London rate is quoted privately by wire this morning at £83 63. od.
booked at 8793, market closing with prob MARINE INSURANCES.-Unions have been
able small buyers at this, and sellers at 8800. China Traders and Yangtszes are quict at last quotations, and North Chinas are to be had in the North at Tis. 135. Cantons have again advanced, the closing rate being steady at 8240 with sales.
FILE INSURANCER.-Hongkongs are quiet with a small anle reported at $365 Chinas are still in request at $132, but again no sales are reported.
INTIMATIONS
KEEP THE SKIN CLEAR
With
CUTICURA
Soap and Ointment
No other emollients do so much for pimples, blackheads, red, rough and oily skin, itching, scaly scalps, dry, thin and falling hair, chapped hands and shapeless nails. They do even more for skin- tortured and disfigured infants.
Samplos with 2-n, bank frog from cearat dopoth Mavisers, dest, 11X, 77 Charterhouto Be London; Towns & Co., Sydney, N. 5, W.; Lansen. Ltd., Cape Tow; Muller. Maclean & Co.; Chicatimand Bombay Fettor 1 & D. Corp, sole props, Borten, U. 6. 4.
SHIPPING, Hongkong, Canton ani Macau continue firm with buyers at $27. It is announced that, subject to audit,
meeting, advertised for the 6th proxime, the directors of this Company will re- commend at the forthcoming half-yearly the payment of a dividend of $1 per share, absorbing $80,000; write off book value of wharves and properties 810,000; trans- of steamere 836,000; write off book value fer to special reserve fund $10,000; and carry forward to cow account $24,820.03. The transfer books of the Company will be closed from the 23rd July to the 6th August, both days inclusive. Indo-Chinas are procurable locally at 872, the London quotation being unchanged at 140/, middle price. China and Manilas have lases alter sales at the reduced rate of sold and are procurable at 99. Doug Chs.
89.x.
Gaupp
the baggage. Kelly was persistent, and ultimately applied the offensive descrip. Kahrs then interfered and also made a tion complained of to the Astor House, similarly suggestive remark. Mr. Work man then came back and said he wanted his baggage back, as he would not stay at the Hotel. On the 23rd inst., the witness was on board the str. Minnesota, and got a number of passengers for the Astor House. He was also asked to transfer the baggage of four passengers, old guests of his Hotel, to the Chino are. Whilst he was marking the baggage, Kalirs came along, seized his hand and said, "Don't you interfere with $ are in further request at tho quota the baggage." He explained what he was tion. Star Ferrys have buyers at 83 and
old and now doing and he was then called to his ab for the
isanes launch. Alongside it were the Company's curable at 102/6, the buying rate being respectively. Shell Transports are pro- and Cook's launches. He then saw Kahrs 100 coming from Cook's to the Astor House $119/8120 in the beginning of the REFINERIES.-China Sugars after touch- launch, and thinking he wanted to pass week enddenly collapsed yesterday to a made way for him. But Kahrs stopped, selling quotation of $115, but are firmer and said, "Now I will fix you. He put again to-day with sales reported at the hia hands on witness shoulders and close at $118, Lazons sold in the earlier Always have on hand a very large complete Do I understand you to say that the then "need" him, The witness' cox- part of the week at 634) and 235, but are state of your health affected the child-swain pushed Kahrs back and the latter's how obtainable at 834.
hat was knocked off by the awning. He 1 do not say it did. The child was per-called Mr. Blanch, the manager of Cook's, His Lordship said he did not wish to fectly well when I left.
who was on the launch, hat Mr. Blanch stop Mr. Looker. be
refused to interfere, saying they must fight it out themselves.
raean?
Mr. Looker-There are lots of state- ments in her examination which are not at all necessary in dealing with the parti culara. I am merely stating that these being inconsistent with the facts. I am entitled to call evidence to prove that.
After further remarks,
You said I have refused to pay your passage to England?-Before I was dis- missed, yes.
Did I not tell you that if you had no means I should pay your passage and give you money to support yourself when you got home? Is that true or not true? ---I think you did say that. I could not see how it affected the case.
Is it not a fact that owing to the em stant friction over the care of the child that it was arranged that you and the child should have your meals separately, and that Mrs. Looker should not inter fere with you at all-We had our meals separately.
For that reason -Whether that was Mrs. Looker's reason or not, I cannot
If
Plaintiff can account for it.. Mrs. Looker had been removed and the child had been under my care the same thing would have happened. Owing to the perpetual friction which took place aver the child, the health of the nurse must suffer, and the state of the nurse relects upon the child, so that the child invariably suffera,
Cross-examined about the knife which she allowed the child to have; he denied that she did so against Mrs. Looker's or-
ders,
In the course of this examination wit ness said-One minute. Must f answer six questions always with one answer! Some of the questions put to me are trac and some are not true.
His Lordship Answer it bit by bit. Witness denied that on the occasion when the child had a steel knife at tiff that she told her to put the point into the joint of the chicken on her plate.
Is it not a fact that you do not like chicken ?--Yes.
Did you eat chicken --I had to eat it. It was on the table that day.
Is it part of the Norland regulations
F. J. Louran, n guest at the Aster House Hotel, who arrived by the str. Minarmute, gave corroborative evidence.
The ease was remanded.
with
J.
& Co.,
ALEXANDRA BUILDINGS,
CHATER ROAD.
stock of
SCIENTIFIC AND
firmer MINING-Tronoba are buyers for London account at 74/6, Hea woods are quoted at 4- buyers and Chinese Engineerings at 33/0 (middle price). Raubs after sales at 84 close quiet | SURVEYING INSTRUMENTS at the quotation.
DOCKS, WHARVES AND GODOWNs.--Hong-
kong and Whampoa Docks have been (Transits, Levels, Plane Tables, Prismatic and booked at $463 and 40 closing steady at the latter rate. Kowloon Wharves are
Bight Compasses, Hand Levels, ke, &o.). wanted at $81, no shares being New apparently available under $62. Amoy Docks are quoted at 861, Shanghaj Docks at Tls. 50, and Shanghai and Hongkow Wharves at Tls. 3, the latter being in request in the North.
A KORE CAUSE CELEBRE.
One of the most interesting judgments ever given by a Japanese tribunal was pronounced the other day in the Osaka
LANDS, HOTELS AND BUILDINGS.--Hong- Appen! Court. This concerned what is kong Lands are a little easier with sellers known as the Kobe Dynamite Explosionate 81053 and no sales reported. Kow- case. On April 7th, 1910, shortly before loon Lands continue in request at $34, 7 o'clock in the morning, when everyone and West. Points at 8661 Hongkong ( was getting up, the whole town was Hotels have sold and have further buyers shaken from end to end by the roar of a at 8113 and 875 for old and new
say. I do not know that Mrs. Locker that the nurses should accustom them-producing, in fact, the greatest explo
She said she wished itselves to the existing domestic coudi-
tions 7-Yes.
gave a reason. like that.
Witness was then questioned as to the visits of the doctor to the boase, and as
His Lordship-You won't carry this Faraton was
diseases. further, I suggest
Mr. Looker-One more letter. With
asked his wife or his nurse he would find
COTTON MILLS.No business is reported in this section, and quotations are un- changed.
regard to those letters I took the oppor- that it was impossible to prevent children was engaged to a man who was mortalls sustained by the Kobe Gae Co., whose Eats have been sold to the North at
portunity of seeking the opinion of an ominent Counsel on the subject, and he thought there could be no objection.
The Mr. Harris-I object to this. eminent Counsel is interested in the case and may be a witness.
Mr. Looker The letter I wrote to your solicitor was, "I desire to repeat formal
ly the offer made in a personal letter to i
from eating things.
Mr. Harris-Is that an allegation rudeness or insolence?
Hie Lordship-I don't see how it
relevant.
Mr. Harris-It is a waste of time. His Lordship-It is not a matter which has been touched upon.
Mr. Looker Am I not entitled to ask
Mr. Wilkinson on the 8th instant from plaintiff any question I like which
a desire to spare my wife the ordeal ant think her answers will be for or against to do with Mrs. Alabaster.
Tls. 62.
nervous strain of the witness-box and re-mel My friend can make whatever con- said that she had another engagement to charge of the craft, the Judges point out, London Ventures.
DRAWING
also
INSTRUMENTS
AND MATERIAL.
Squares, Set Squares, Straight Högen..
Scales, Inks, &ẹ., ko.)
AGENTS YOR****
45
W. F. STANLEY & Co., LTD.,
LONDON.
E. R. WATT & SON, LTD.,
LONDON.
25/-
10/3
15/-
8/9 premium.
75j.
4/0
101/3. 33/D
|WE ELIMINATE
GUESSWORK-
.140/
1/-
8/6
4/11 por lb.
Sellers.
BY USING THE LATEST
tremendous explosion: A lighter contain. respectively. Humphreys Estates have ing over one hundred tons of dynamite been booked at $7.86, market closing with and a small quantity of gunpowder and buyers at this and sellers at 88. geliguite, had blown up with terrifio force sion on record, though happily, not the most destructive, for the fact of the
MISCELLANEOUS.-China Providents have lighter being some distance off shore been booked at 881, Cements at 844, Union Did you do that in my house Yes,
minimised the force of the shock on shore. Water Boats at $91, and Steam Laundryo There are buyers of China Under re-examination by Mr. Looker, Even so, however, the destruction on land at 58. to Mrs. Looker having stated that Orplaintif said that she did not take to in the way of shattered glass, and broken Borneos at $6.60, Peak Trams at $103,
an authority on Eastern She did not say that it hersing because she could not live with doors and window shutters, was, very Ropes at 210, and Watsons at $1. her mother and sisters, but because she extensive, and few houses escaped damage Cements are procurable at $41, Ices at altogether. The most serious loss was 8210, and Steam Fisherics at $1. Lang- wounded in the South African war. Be works are situated on the water front. fering to the incident at tea in a lady's Two large gasometers were tilted over
LONDON QUOTATIONE. The following of
house, where she was alleged to have de by the sudden atmospheric disturbance, quotations (middle prica) were received
and of course all the gas contained in from London by wire to-day ----
Hence the action for United Serdangs
103/- isclared that she would break her agres them escaped.
ment whenever she chose, she denied that damages against Messrs. Nickel & Cu, Sapongs
The the owners of the lighter. The claim was London Asiatics she had ever said such a thing.
for 15,688.99 yon. The Kobe Court dig E&L.. Trusts......... lady was Mrs. Alabaster, Mrs. Locker missed the claim, holding that no negli- fubber Trusts was not pleased when she learned that gence on the part of the stevedores had
Trunobs But now this decision Hongkong Electric Trams. the had been there to tea.. She said that been established.
When the Court, which has found that there was Chinese Engineerings she did not wish her to have anything has been reversed by the Osaku Appeal Hongkong Electr
negligence on the lighter. The man in
Indo-Chinas go to, the meant that she was under was known to have a cooking apparatus Pahang Consolidateds
on beard, and yet the owners failed to
Para Rubber Mr. Harris--I object to your going out-promise to take a girl abroad some time.
take the necessary precautions against an When she slept in the same cabin as Mrs.
obvious danger, with so much gunpowder to adding some supplement, on the lines side your particulars.
His Corchhip remerked that great Looker that was at Mrs. Looker's desire, and dynamite stored in the hold. The
A correspondent writes: The consola- suggested, to what was written in plain-
in were allowed
Mrs. Looker entered her in the passage defence clasin that anything in the nature- cross- tiff's testimonial book as far as I felt I liberties
"servant." She attributed the of a fire was strictly prohibited on the tions of religion are said to be many and could properly and safely add, and to examination, and he hoped Mr. Looker list as
friction that existed to the perpetual lighter; if se, asks the Court, why did efficacious to a degree almost unbelievable provide her with a second class passage would not go too far.
and fault-finding of Mes. ey not carry out a proper inspection of in this earping age. We who live in Des Witness admitted that the doctor. had nagging
the dangerous craft? In view of these to England." Was that letter put to
given directions regarding the care of Looker, who was always construing what facts, therefore, the Court holds that Voeux Road Central, not a day's journey you?-You are reading a private letter.
she said as rude. She did not order the negligence has been clearly proved, and from Ice House Street, have gone bodily Was this the first time any suggestion
child's food and she was told to give it defendants must pay the full amount of over to the great army of doubters this
the 'claim.
last week, which rash step has been caused was made to you of an offer of mine?-
It is understood that an appeal has what was sent in. She was fond of the That was the first letter that came to me,
child and the child was fond of her.
been lodged against this decision, the far- by that flourishing business concern I am asking you about the letter of
Mrs. Barlow was then called on behalf reaching consequences of which are known as the Hongkong Tramways Co., July 12th. Was that the first occasion
of the plaintiff and spoke to taking obvious. If the Osaka Court's decision is Ltd, suddenly electing to once more rip upheld, practically every householder in that any offer of mine had been put to
plaintiff's book at her request to Mr. he is legally entitled to compensation up the road near the track to an all-day you? It had been put before, but it did
I put it to you that you did not carry Looker for a testimonial to be written from Messrs. Nickel & Co., for broken deafening noise. An old adage says:- "There's nothing calms the spirits like not come as an official letter. Your letter them out properly -I carried out every in She denied that she said to Mr, glass and other material damage. When was not an answer to the letter written order given by the doctor.
Looker that Miss Hamilton did not mind it is remembered that some firus suffered Rum and True Religion." Rum is not damage in the way of broken glass alone suitable in this climate, and true religion by Mr. Wilkinson from me.
Constantly and throughout your ser whether a bad testimonial was written the amount of two hundred yen and avails us not, but can't the main the And you did not accept that offer?-ice-Constantly and throughout my in, as if the testimonials were all good more, the position is seen to be a serious street suggest something? Can't nuthin' The writ had already been issued...
people might think they were fictitious. one for the foreign firm. Happily, for be done; won't nobody help? We per- You have told us on one occasion that Mr. Looker cross-examined on the saine Messrs. Nickel & Co., however, no civil sonally would profer to go out straight claim can be instituted in the Japanese way and kill the Tramway Company and
policeman." Far East.
luctance to impose the same ordeal on varions witnesses. I have no objection
ment he likes
the child.
In your view were these suitable or necessary A doctor's directions are necessary and must be followed.
I put it to you that in your view they were unnecessary -They certainly were
necessary.
service
I ask you whether you accepted it!--
.
I refused it, I did not consider that it you went in to see Mrs. Looker and Mrs. point, and the hearing was adjourned Courts after the lapso of a year. The all its works, but we are afraid of the
was better than the one I had got.
Looker ericd-Yes.
until to-day.
AND MOST SCIENTIFIC
APPLIANCES-
it
in testing the sight for glasses. Your eyesight is the most
precious of
your senses and you cannot afford to jespardize ₺ by using incorrect lenses or ill-fitting frames. We are competent professionally, and we have the equipment to satisfy ourselves and to satisfy YOU what is best for your eyes. If a physician is needed we will so advise you. Lenses ground and polished on the premises.
& SCIENTIFIC OPTICIAN
YORK BLOGS, CHATER RO
# HONGKONG
75