Page
SUPREME COURT.
Tuesday, 10th December.
· IN ADMIRALTY JURISDICTION.
BEFORE HIS MONOUR THE CRIER JUSTICE (Mr. W. Rees Davies, K.C.), wITH COMMANDER BECKWITH AS
ANFESSOR,
STEAMER AND JUNK, IN COLLISION.
THE HONGKONG DAILY PRESS, WEDNESDAY, DECEMB):R (1în, 1912.
MERCHANTS' HEAVY FAILURE.
THE PUBLIC EXAMINATION.
"LE FIVE O'CLOCK."
AMUSING DISCOURSE ON A FRENCH
INSTITUTION.
TRIAL BY JURY. ́
PANAMA TOLLS.
SQUA38 PEGS. IN ROUND HOLES.
THE POLICY OF DISCRIMINATION. As an instance of what he regards as
WASHINGTON, November 14th. An audience consisting for the most the absurd jury system at Home, a corres-
The President's proclamation fixing part of English ladies laughed heartily pendent of the Daily Mail Writes that the Panama dues has been followed by the and often at the Grafton Galleries his chauffeur has been summoned to sit fessor Emory Johnson, the Government partial publication of a report by Pro- the firm of Richard Abenheim and Co. recently, as they listened to a Frenchon's High Court jury and to be one of expert, upon whose data the President)
"twelve good men and true,"
A sitting was held in the Curs of Bankruptcy London on the 20th ult., before Mr. Registrar Linklater, for the public examination of Richard Abenheim, Frederic Borthold Abenheim, and B ward Schweitzer Abenheim, partners in import and export merchants, of Hope-lady-Madame Louis Latour--talking in town House, Lloyd's-avenue, who also highly amusing fashion of that deeply-
based his proclamation, a report which in Hia chauffeur, the correspondent Bays, its entirety is the most important docu traded at Yokohama, Japan, under the routed Parisian institution, "Le Five although a capable mechanic and motor-ment yet available about both the dues style of Abenheim Brothers,
o'clock." London, she said, had given this lay in his life, knows nothing of collating commercial aspects of the American canal ear driver, has never been in a court of controversy and the general financial and curious mid-afternoon meal its name, but facte or dealing with evidence, and policy. Paris had made it-the thing itself-what admits that, howover willing he might be To take the dues controversy first. it was.
As a fact, the French had gone unsuitable to sit in judgment on
to enter the jury-box, he is entirely smashing blow has been dealt to the dis- far ahead of the English in the matter affairs of his fellow men.
the criminatory policy of the President and Receiver, attended; Mr.
Mr. Waltor Boyle, Assistant Official of afternoon tea"-an expression, by
Congress by their own export. With the Q Stanley
Mr. Kenyon, Chief Associate at the exemption from dues of American coast- Krauss, solicitor, appeared for the the way, never heard in the circles known Law Courts, showed a Daily Mail repre-Wise shipping and with that vague policy trustee (Mr. Maurice Jenks) and for the
as "Tout Paris"--and five o'clockersentative scme specimens of recent jury deep-sea shipping in the sense indicated of discrimination in favour of American for a creditor; and Mr. Higgs (Rehder petitioning creditor; Mr. Frank Mellor
panels. Juries are divided into two by the President's famous memoranduma classes :: and Higgs) for the bankrupts.
1. Speciul juries, drawn from people evidently is very scant. The same rates, to Congress Professor Juhnson's patience -occupying, in London, a dwelling-house he says, should be charged upon Ameri of the rateable value of, £100; in the country, Sa0.
can as upon foreign vessels for the follow- ing reasons:-
Action was beard in which Young Hing An amended joint statement of the Hi, of 76, Main Street, Aberdeen, owner bankrupts affairs had been lodged show of the fishing fank Fook Kon Lee, claiming Fross liabilities £128,704 3s. Id.
liabilities expected to rank, £78,068 38. ed a sum amounting to $4,000 from the 6d. ; and assets estimated to produce owner of the sa. Loengsang for damages £24,952 19s. 6d. occasioned by a collision which took place off Waglan Lighthouse on the 21st May, J012. There was a cross-nction by the Indo-China Steamship Company, owners of the 8.3. Loungeang, egainst the owner of the junk for 8350, for damage occa sioned by collision.
Mr. Eldon Potter, instructed by Mr. F. X. d'Almada e Castro, appeared for plaintiff, and Mr. M. instructed by Mr. Davidson, of Messrs. Hastings & Hastings, represented the
defendants:
Receiver, Mr. Richard Abenheim stated Examined by the Assistant Official that he was an American by birth, and had not been naturalized in this country. He acquired his business knowledge partly in San Francisco. On January Slade, K.C..lat, 1900, he began to trade in London, with a capital of £700 or £1,000, as an Bradford, and Leads goods to Japan. In export merchant, exporting Manchester, January, 1901, he was joined by Mr. F. B. and Mr. B. E. Abenheim, and the business was continued under the style of Richard Abenheim and Co. in London, and as Abenheim Brothers in New York and Japan. Their trade increased con- to manage the business there, while he siderably, and his brothers went to Japan
was to be in the fashion, while not to "five o'clocker" was to he hopelessly "out of it." On the visiting cards of a lady of her acquaintance she lately read: Five o'clock tous les jours a 4 heures." But while the ladies of Paris had acquir ed a great liking for ten their husbands and brothers generally hated it, unless it were so plentifully mixed with rum or pletely the flavour of the plant. Thus, something equally strong as to hide com- the Parisian hostess who wished to attract there more than a few minutes took care men to her "five o'clock" and keep them
to provide, in addition to all sorts of appetising solids, a variety of liquids nowadays become so elaborate and sub- other than tea. The meal had, indeed,
of the doctors, who never tired of
promiscuous eating and drinking between luncheon and dinner; but it made no difference: le five o'clock was firmly established, and flourished ou tion, as
persecu- persecuted institutions. English people, was the invariable habit of continued Madame Louis Latour, might reasonably enough smile at their French
2 Comioon juries, persons who are rated at £30 in London; £20 in the country.
class of commercial and divorce cases and The former try the more important
the latter try minor cases and are paid are paid £1 1s. a day for their services; 1s. for each case.
by Mr. Kenyon gave the following A specimen common-jury panel shown occupations of juryman:-
Laundryman Cowkeeper. Clerk.
A
INTIMATIONS
DIXON'S
DOUBLE
DIAMOND
PORT.
tolls as regards American shipping would Firat, the omission or repayment of
would be of little help to American vessela shipping, which does not need aid and be of assistance mainly to our coastwise
subsidies as are given to the American engaged in foreign trade; secondly, such "Try it for yourself. It is as mercantile marine should be paid to delightful to the taste as it is the remission or repayment to the owners boneficial to health." vessels employed in our foreign trade, but
Mr. Potter, in opening, said that the two actions had been consolidated, as they both turned upon the same set of facts. There was no question as to the amount of damages these would be referred to the Registrar-and the only question was supervised the London branch. Instantial as to have incurred the enmity one of liability. Referring to the pre-January, 1010, Mr. E. S. Abenheim, who liminary acts, Mr. Potter pointed out had desposited £10,000 with the firm, denouncing the evils arising from this gence is supposed to be high, includes partially to benefit shippers and con-
that plaintiff put the time of the collision at 1 a.m., and defendante put it at 3.16 a. on the 21st May, but that mattered little because the Loungeing did in fact strike the junk. With regard to the place of collision, plaintiff said it took place ten miles off Waglan, but defendants said.
became a partner, and shortly afterwards went to Japan, where he remained until the firm's failure. Mr. R. E. Abenheim, whose health bad for some time been failing, died in San Francisco in August, 1911, and the firm received £5,000, the proceeds of a policy of insurance on liis life.
THE CAUSE OF THE FAILURES.
2
was unknown to thousands who used it daily and hourly; but were ber hearers quite sure they themselves were not at tires in the habit of using French words in a sense altogether different from the right, the real, the French sense? Once An English lady invited her to inspect what abc called her "bric-a-brac." Rather puzzled at being asked to look at what she supposed would be a lot of broken rubbish only fit for the dustbin, Madame Latour was more astonished still when she discovered the brac-a brac "the French equivalent of refuse" -to consist of a number of delightful bibelots and artistic treasures of all sorts. Then as to chiffon. Originally the word English had insisted on giving this name mennt nothing more than "rag," but the to an expensive trimming, and now the Parisian modistes had been compelled to use the term in its anglicised significance. So, said the lecturer in conclusion, the laugh was not all on the one side, and her audience expressed their agreement by hearty applause.
Coffee-house keeper.
Butler. Farrier. Milkman. Hairdresser.
A special-jury panel, where the intelli-
this week:-
of vessels of the Panama tolls on Ameri- can ships in the foreign trade would be an ineffectiva subsidy that might invite retaliatory measures by foreign Govern- ments; thirdly, the exemption of coast- wise shipping would tend mainly to bencfit coastyise carriers and only
Pablicans.
sumers. Neither the rates of steamship Lamplighters.lines nor the charges of rail carriera will Hairdressers.
Horse dealers. be appreciably higher. if the toils are Boarding house keepers. Greengrocers, charged on coastwise shipping than they
Butchers. Walters.
will be if such shipping is relieved from the payment of the tolls.
Artists. EVERLASTING LAW SUIT.” In the famous case of Wyler v. Lewis,
Suit," a King's Bench trial, occupying thirty-three days, was heard by a jury which included a
Fishmonger. Pawnbroker Upholsterer. Hospital secretary, Bootmaker. Confectioner.
Draper
Tailor.
Fruiterer. Ironmonger.
Lace merchant.
two groups of financiers over concessions The case arose out of a dispute between
in Portugueso East Africa, and was one of the most costly and intricate financial suits ever before a law court.
Chief Justice has given it as his opinion No less an authority than the Lord that we have not the service of the same when he practised in the old Guildhall. class of jurors now as we used to have So deep rooted are some of the anomalies of the jury system that a Departmental Committee of the Home Office, presided over by Lord Mersey, is still considering the matter, although appointed nearly a year ago.
INTERNATIONAL TRADE ASPECTS.
The international trade aspects of the the exemption of Johnson disposes of as follows:-Dis. crimination is apparently enacted mainly
SOLE AGENTS:
H. RUTTONJEE & SON,
Wine and Spirit Merchants.
Chs. J.
133
&aupp
Co.,
on the ground that it is necessary to encourage the coastwise trade, to get off such advantages in the way of cheaper building and operating expenses as may accrue to Canadian shipowners, and to enable constwise vessels to completa effectively with the Trans-continental of the canal should in itself be a sufficient railways. But, he continues, the opening
stimulus to an already sufficiently tected industry, whils, as to Canadian competition, a vessel carrying lumber.
on has to reckon at present with the say, from Vancouver to New Orleans in competition with American vessels from, american duty upon luraber. Besides, it would be inconceivable if in the ovent CHRONOMETER-MAKERS, of aqual treatment the problem of com were not to a great extent solved by "con. petitive Canadian and American rutes
WATCHMAKERS, ference" agreements between American and Canadian shipowners.
In 1908 the firm started an import busi. neighbours over their enthusiasm for "lo which altogether lasted over fifteen years controversy about it was twelve miles. The night was "dark cess, but, being insufliciently acquainted five o'clock," the very meaning of which and was known as the "Everlasting Law American coastwise shipping Professor but clear," and defendants said the junkel Trading Company Limited) was with that trade, a company called the was under her bow before they noticed formed to dispose of the goods imported. her. The junk people, however, said they This business had really been the cause of their troubles. An agreement was entered saw the steamer about 1,500 yards off, and into between the firm and the company as the Leongsang did not alter her course and was worked with disastrous results. the junk people beat gongs to attract Disputes arose between the firm and the attention, but without effect. The plain company, and in March, 1911, the firm brought an action against the company tiff alleged that the Loongrang was at asking for an account, the cancellation fault in not stopping or reversing her of the agreement, and damages. After engines when a collision was imminent,& hearing lasting 11 days a settlement of the action was arrived of. The and the steamer was at fault in not keep-account was ordered to be taken, and ing a proper lockout. The junk carried the company agreed to pay £3,500 towards the ordinary lights, and that question of the costs of the action. He thought that the firm lost over £24,000 through the lights was perhaps the main question. arrangement with the General Trading Proceeding, he related the facts as Company; and the stock left on the firm's follows-On the evening of the 20th May further heavy loss.
hands was afterwards realized at last the junk Fook Kon Lee in company with a sister junk-it was customary for the junks to sh in pairs-left Aberdeen and proceeded in a south-easterly diree
The Fook Kon Lee carried the ordinary lights, and all went well until they reached ten miles south-east of Waglan. It was a dark night, but there were fog, conditions which beebnically described as "dark but clear," In the early hours of the morning it was observed that a steamer was approaching, and realising that a collision was inevit able the crew beat gongs in order attract the attention of the crew of the steamer, but without effect and the junk was struck amidships. After the scoident the Loongsang did all that was possible It appeared from the firm's books that to save the crew, and also took the junk the net result of their trading since the in low afterwards bending it over to a end of December, 1908, had been a beavy. launch. The main point was whether the loss. During the same period the draw junk had the lights that it should have ings of the partners had amounted to had, and he would call evidence to prove £28,685, The death of Mr. R. E Aben- that. The question might arise after heim,
competent wards, assuming they had no lights, did business man of the firm, had indirectly the steamer take sufficient precautions to led to the present position. Other causes aroid accident in the circumstances.
were the heavy drawings of the partners. Evidence by the crew of the junk was and interest charged on the renewal of then heard and the hearing adjourned. THE CHINESE GOVERNMENT AND
tion.
Was
no
COMMERCE.
to
When the firm suspended payment in February of this year they had unfinished contracts on band amounting to £180,000 The in London and £40,000 in Japan. suspension resulted in a heavy loss, and added considerably to their liabilities. In 1910 the firm became- interested in a scheme for the purchase and sale of an extensive timber, farming, and retro- liferous estate in Mexico, and for the purpose of financing the scheme the firra made themselves liable on bills to the The flotation of a amount of £31,250.
over the estate was delayed by the revolution. company to take
The firm afterwards succeeded in getting rid of their liability on the bills and relin- quished their claim to a share of the profits.
bills.
TOO MANY IRONS IN THE FIRE.""
who was the most
RUBBER COMPANIES.
......
STRAITS RUBBER COMPANY-Third interim dividend of 15 per cent. in respect of the year ending December 31st, payable on December 2nd. Last year the dividend was 10 per cent,
VIEWS OF SIR GEORGE LEWIS.
ALUXANDRA BUILDINGS,
OHATER ROAD.
JEWELLERS AND OPTICIAN
FINE
DIAMOND
JEWELLERY
AND
SWISS
▲ SPECIALITY.
ENGLISH, AMERICAN
GOLD AND SILVER WATCHES.
SILVER BRACELET
WATCHES.
AND
JEWELLERY.
But Professor Johnson's elaborate dis- cussion of this complicated question can- not. unfortunately, be followed here. It Sir George Lewis said to a Daily Mail is perhaps enough to say that after representative - From many points of reading it one gets the impression that, view the jury system is most unsatisif Professor Johnson he correct in his factory because there is no doubt that facts, only inadequate knowledge or, per- many jurymen are swayed by emotions haps, a powerful coastwise shipping and opinions entirely foreign to the
"fobby" ecu'd have caused Congress to matters which they have been called upon paks last summer the Bill it did.
While Professor Johnson does not, to decide. They frequently come to a
discussion of the decision as to what they think ought to of course, enter into be the result, and not as to the result diplomatic side of the controversy or KOMBOK (F.M.8.) RUBBER COMPANY.which the facts and evidence placed before commit himself on the question of dis- GOLD
crimination, it is pretty obvious that his Interim dividend in respect of the year them justify.
"Take for instance, libel cases. In argument, if it gets the publicity i onding. December 31st of Id. per share on
deserves, will greatly strengthen the the fully-paid shares and d. per share many cases juries when sent to consider British protest which, I understand, is ENGLISH MOUNTED CHINESE JADF on the partly paid shares, payable on
their verdict are divided in opinion, and to be made shortly.. November 30th.
in order to arrive at a verdict some of them have to be persuaded, and often over-persuaded, so that when the verdict is given they are not giving their opinion at all, but the opinion of the majority of the other jurymen. They are often unable to agree as to the amount of
The tells should be such as to enable damages which should be awarded, and the canal first to divert from the Straits LANGKAT BUMATIA RUBBER COMPANY.A there is a system, which I know frequently of Magellan ali traffic to the Pacific coast contract has been entered into for the sale prevails--because jurymen have told me of South America; secondly, to prevent of 18 tons of first latex crêpe to be dle of it-that each, juryman writes down the the use of the Cape of Good Hope route livered at the rate of one ton per month amount which he considers ought to be commerce between the Atlantic and from January to June and at the rate of awarded, and the aggregate sum is Gulf coast of the United States and two tons per month from July to Decem-divided by swelve. The result is that Australia; thirdly, to divert from the ber, 1913, at 1s. 4d. per lb.
those furymen who are perhaps more Suez Canal trade between the eastern sea- acute than the others, and are anxious for board of the United States and the large damages, put down & much larger | Orient, east of Singapore; fourthly, to sam than they think ought to be awarded compete with the Suez Canal for in order, when the division takes place, portion of Europe's commerce with the to secure large damages. The result in Far East, often very unfair.
BANDAR SUMATHA RUBBER COMPANY. A contract has been entered into for the sale of six tons of first latex crêpe to be de- livered at the rate of one ton per month from July to December, 1913, at 4s. 3d. per lb.
At the annual meeting of the British and Chinese Corporation on the 21st ult. Mr. C. Macrae, who presided, said what the corporation had financed and supervised the building of practically all the railways in China which had been constructed with British capital. The revenue showed a reduction at £7,831, due to the effects of the revolution, which had naturally prevented the doing of business with the Government, and had not only MISSING WAR CORRESPONDENT. The total rubber crop harvested amounted
stopped the completion of various pend- ing pieces of business, but had made it,
The Official Receiver-I suggest to Mr. Abenheim, that you had too you,
any irons, in the fire, and could not properly attend to all of them.
The bankrupt,That is true to some extent.
BUKIT KAJANG RUDDER ESTATES. The In answer to Mr. Krauss, the bankrupt accounts for the year ended June 30th agreed that the time and attention which show a balance of net profit, after writ- the firm gave to the Mexican propositioning off £1,388 for depreciation on build had affected their ordinary business and inge, machinery, etc., of £24,727, making had contributed to their bankruptcy.
with £1,231 brought forward, £25,958. It The hearing was adjourned.
is proposed to pay a third dividend of 7 per cent., making 22 per cent, for the year, and to carry forward £3,726. to 104,1771b., which has been shipped and sold at an average net price of 48. 51d. per lb. The cost of production amounted to 1s. 93d. per lb. f.6.6. The estimated output for the current financial year is 300,000lb.
MR. ANGUS HAMILTON A PRISONED.
following Constantinople
tele-
for the time boing, unprofitable to The negotiate fresh busineas. Things in China now seemed to be settling down; gram appeared in the London evening order was rapidly being re-established papers on the 22nd ult.:-
18
UNITED SERDANG = (SUMATRA) RUBBER
"It is a rare thing to find juries com. posed of men of education and a know- ledge of affaira.
"The remedy lies, to my mind, between one of two things:-Either jurymen should be drawn from a superior class of citizen, or the abolition of the jury system altogther."
THE RUSSO-MONGOLIAN AGREEMENT.
THE POLICY OF THE TOLLS. While the general American policy to- wards the canal is, of course, self-evident from the schedule of tolls, one quotation from Professor Johnson's report may be given
Da
It is upon this basis, of course, that the President fize: the rates.
That the canal will pay in reasonable time, especially were there to be no
Johnson discrimination, Professor sanguine.-The Times.
NAVAL FIRE CONTROL.
SIR PERCY SCOTT'S INVENTION.
is
MAPPIN & WEBB'S
SILVERWARE,
CUTLERY and
PRINCES PLATE.
OUR
STUDY
OF
EYE
45
and its anatomy and our long experience in correcting defective vision enable us to tell beyond doubt if your eyes will be benefited by wearing glasses.
Our method of testing is scientific and sovurate. If you do not need glasses wo will tell you so. If you do need glasses we can supply and fit them at extremely moderate prices.
and a return was being made to condi- -Anxiety as to the fate of Mr. Angis tions which the board trusted would en-Hamilton, one of the special war corres-PLANTATIONS. The report for the year
A further report from Berehaven states able them to carry through various impondents of the Central News, has now oiled August 31st last states that the crop
that the result of the comparative tests portant negotiations in which they had been relieved. It has been ascertained
which have been held between the battle- been engaged for some time past. While that Mr. Hamilton was with the Turkish of rubber amounted to $34,979lb., against
In the House of Commons on the 21st ships Thunderer and Orion is to establish THE their objecs was on fair and reasonable advance force beyond the Chatalja lines an estimate of 433,000lb. The average net price realized for the rubber was 48. 3.73d.
definitely the superiority of Sir Percy terms to assist the Government in the and was captured by the Bulgarians.
Mr. Lloyd (Staffordshire, W., Opp.) Scott's system of director firing over that development of their great country, they He was placed under arrest and sent per lb., against a f.o.b. cost of is. 4.17d.
asked the Secretary of State for Foreign hitherto in use. per ib. The ali in cost amounted to were very sensible of that Government's under escort to Kirk Kiliase.
For four years it has been questioned difficulties, and were anxious to meet
7.734. per lb. The coffee crop Affairs whether he had any information The last despatch from Mr. Angus amounted to 1,005 piculs, against an
which he could give regarding the Russ whether the new method was superior to them, so far us was possible, consistently Hamilton was dated the 10th ult., and he estimate of 850 piculs, and was sold in Mongolian agreement of November 3rd. the old, and it was to settle the matter with due protection for the interests of was then with the Turkish cavalry the East at a net average of £3 89. 11d the agreement and its most important the experiments to take place between the those whose money they invited to sup division.
and whether he could state the nature of conclusively that the Admiralty ordered
port the various undertakings to which
per picul, against a cost of £2. 8s. 11jd. terms, and whether the protocol of that
Thunderer, which was fitted with the new they might become engaged.
per picul. The estimated crop of rubber agreement assured any special commercial invention, and the Orion, which was not. Particularly they noted with respectful
The two vessels were ordered to fire at appreciation a marked change in the
for the current year is $21,000lb., at an
the same time, with the same range and. spirit and methods of the high officials of
estimated cost of 18. 2.01d. per lo rights to Russian trade and Nussian sub- The directors have agreed, subject to the Si E. Grey-The semi-official state targets, and to make the trial as effective the Government with whom they had to deal from those which characterized the
approval of the shareholders, to acquirements issued in St. Petersburg and re
as possible it was ordered to be held in the estates of the Serdang (Sumatra) ported in the Press contain, so far as I the Atlantic in rough weather, not neces old régime. There was now shown
Rubber and Produce Estates as from am aware, the salient points of the agres- sarily in a storm, but with the ships roll- breadth of view and a more liberal and
the November 1st, 1012; the purchase con-ment. The protocol attached to ing at least five degrees each way. Under enlightened attitude towards such ques-
these conditions the Thunderer made five tions as those with which the board were
sideration to be 7,727 fully-paid £1 shares agreement has not yet been communicated of this Company and £2,322 in cash. The to me. It would seem prima facie that concerned which were rare in their ex-
death on Monday evening, falling from net profit, including £14,985 brought for the agreement is intended to confirm times as many hits as the Orion, and com-"| perience of Mandarinate of the late dynasty. Th had grounds for heileving window into the yard at the that the presen, Provisional Government of the Central Police barracks. The propose to place to reserve account jects which existed under previous tre-firing, including those obtained in fine the Thunderer, sometimes from five and was earnestly bent on fostering good re- occurrence has a tragic precedent, for a £10,000, to write off expenses in connecties of many years standing and general-weather. It is said that the broadsides of secure the status, practically sometimes from 10 guns, seemed to rain on tion with new issue (February, 1912), to lations with those who would honestly little while ago & mau fell out of a siuvlar $135, and to pay a final dividend of 25 amounting to an on our Mongolia, but the target, assist it in its desire to bring about the window in the same room and was killed.
The new system, it is understood. will welfare and progress of their great
per cent, leaving to carry forward normal condition of Outer
I am awaiting further information onbe fitted to all armoured ships with the The matter is being investigated.
£5,714. country.
these points.
be fitted to a delay.
Lady Pinero, the mother of Mr. Angus Hamilton, received from him a telegram despatched from Kirk Kilisse on Tuesday evening the 19th, reading as follows:
"Quite safe, well; to be sent Sofia soon and released. Angus Hamilton."
2
An Indian constable met a terrible
jects.
MAKE CERTAIN.
WE WILL TELL YOU.
CLA
OPTICIANS BLOGS, CHATER RA
CIENTIFIC
HONGKONG
75