Page
SUPREME COURT.
Thursday, 12th Decembr.
IN SUMMARY JURISDICTION, BEFORE HIS HONOUR ME. H. H. J. GoMPERTZ (Prisse Judar).
ALLECALSE IMPRISONMENT.
THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 13гm, 1912.
that he was a tally man and did not On know what happened in the hold.
Monday he was taken to the Magistracy and charged with the theft of dates, but was discharged.
Plaintiff was cross-examined at length by Mr. Mastor, who obtained replies to the effect that plaintiff considered he had
His Lordship--Yes.
Mr. Mastor-With costs? His Lordship-Yes.
Mr. Master submitted that the plaintiff, had not proved his case.
Mr. Hind afterwards admitted there was no ease against the P. & O. Company and the P&O. with costs.
GOVERNMENT HOUSE BALL.
A BRILLIANT GATHERING.
To say that the ball given at Govern- ment House last night was a brilliant gathering is to state tho obvious and the It was indeed the brilliant expected.
The action by Ling Oi Ting, tallyman, discharged his duties by accepting the Judgment was entered for Mr. Shallard gathering that was anticipated, and in
against Mr. H. W. D. Shallard, the P. & O. Co., and Police Inspector Karr, claiming $1,000 damages for alleged false imprisonment, was heard.
word of the coolie as to what was in the
hold.
After tifin a curious mistake was dis- covered. When the name of Mr. A. E. Mr. Hind, of Messrs. Brutton & Hett, Griffin was called, a gentleman answered to the name and was duly sworn. Later appeared for the plaintiff, and Mr. R. H. F. Master, appeared for the firat Mr. Griffin, of Messrs. Leigh & Orange, and second defendants, Mr. P. M. Hodg-appeared, and sent a message to the clerk of Court. It-then-transpired that Mr. son, Assistant Crown Solicitor, repre- A. Raymond had answered the name by senting the third defendant.
The following special jury Was Beattie, empanelled--Messre. M.. P.
The case against Inspector Kerr was then proceeded with.
every way upheld the traditions of the Government House. An unusual interest Mr. Hodgson then contended there was attached to the event, inasmuch as it was no case against the Inspector.
the first ball given since Sir Henry May became Governor, and as His Excellency has the assistance of Lady May in these mattors it follows that social functions
are invested with a charm and grace that give them a distinct individuality.
Plaintiff was recalled and stated that it was Sergt. Wills before whom he was charged.
Mr. Hind then applied to have the name of Sergt. Wills added to the writ. mistake. On the error being pointed to
His Lordship refused the application both sides, Mr. Hind objected to the jury [and dismissed the action against In- on the ground that they had not been spector Kerr. properly sworn. In the end, however, Mr. Bind intimated that he would Mr. Raymond was re-sworn and Mr.bring an action against Sergt. Wills. Griffin was exensed from farther attend-
ance.
A. E. Griffin and F. C. Wilford.
Mr. Hind, having read the statement of claim, stated that the complainant said he was unlawfully arrested on the harbour, then unlawfully detained in the
Police-Bergt. Larigan, who was sub- office of the P. & O. Co., and later un-poenaed, said he took the plaintiff from lawfully detained in the Water Police the P. & O. office to the Water Police Station under instructions
from the Station.
He received his instructions from Sergh. Caygill. At the P. & O. office Mr. Buckle informed him that the basket of dates was in the hold of the lighter and seemed to be covered with canvas. The inquiries made by witness on the lighter were without result, and he took the crew ashore in order to make inquiries. did so on his own initiative.
P. & O. Company.
Mr. Master submitted that no case was wonde out on the pleadings against Mr. Shallard The only allegations were against the P. & O. Co, by their servants. Mr. Hind replied that the proper form was to take action against the Company and their servant.
His Lordship agreed.
that
E
He
IN ADMIRALTY JURISDICTION.
BEFORE HIS HONOUR THE CHIEF JUSTICE (Ma. W. Rees Davies, K.O.), WITH COMMANDER BECKWITH AS
The programme follows:-
1.--Walte 2; Waltz 3.-Two-steps
it,
with music is as
**Dream" **Eternal,"
"Everybody's doing Berlin.
Joyce. Fall..
INTIMATIONS
DIXON'S
Joyce DOUBLE
4. Lancore... "Arcadians, Monckton. G.-Waltz .... Remembrance," ..... G-Two-step “Tomovua,... Miss Dixon. 7-Waits.. Nights of gladness," Anolife. 8.---Two-step
Timo,"
9. Eightsono reol ..... 10.--Waltz
11.--Waltz
Supper
dances.
gin to Sing,"
Alexander's Rag
Berlin.
Fairydance.”
་་་་་*
When the birds be Joyce. "Chanson do mon.
Joyce.
Policeman's holi- Eming.
Miss Dixon.
coeur, 12.-Two-step
day," 13... Waltz "Lolonia," 14.- Waltz ..." Druid's Prayer,”..... Dawson, 15. Two-step..." Gaby Glido,".... Hirsch. 16.--Waltz
"Count of Luxem- Lehar,
-bourg,"
A special interest attaches to the music:
played last night, as two of the items on the programme are the composition of a lady who is it present staying at Government House as the guest of His Excellency and Lady May. Miss Dixon'a compositions were the "Tamavua" and the Loloma," the orchestration for which had been carried out by Band- muster Moss. Their production last night evoked very favourable comment,
The preparations for the ball and for the entertainment of the aumerous guests wore conducted on a very complete scale, and the interior of Government House was transformed for the nonce into a veritable hall of pleasure. The blaze of innumerable lights and the dash of rich coleur afforded by the flags placed round
About 1.30 the company adjourned to the verandahs gave a joyous appearance
the supper room, where they partook of which was visible for some distance, a recherche repast. His Excellency's
STEAMER AND JUNK IN COLLISION.
and closer approach revealed a very party was made up of the ladies and pretty ballroom scene. The guests gentlemen who had taken part in tho The hearing of the activi
were exceptionally numerouts, and it official set of lancers. The Ball continued continued in which Yueng Hing His fair to assume that to the 1,200 till paat i a.m. of 76, Main Street, Aberdeen, owner invitations issued comparatively few of the fishing junk Fook Kon Lee, claim replies expressing regret were received. rd a sum amounting to $4,000 from the
It is believed that at least 1,000 people owners of the s.5. Longsung for damages were present, and though the ballroom was insufficient to provide accommodation
ASSESSOR.
wwwwwwww
occasioned by a collision which took place
SHIPPING NOTES.
A Chinese witness stated that he heard off Waglan Lighthouse on the 21st May, for all had they wished to engage in the the Penang Maru will leave Loudon for
defendants the compradore tell the plaintiff to wait
there for the taipan's decision.
This closed the case for the plaintiff. Mr. Master-I submit there is no cast against the P. & Q
You arrested the plaintiff on your Mr. Hind then read the statement of initiative -1 book him to the station to defener by the P. and O. Company make inquiries. and
stated Mr. Shallard and in those pleadings the said the plaintiff was Bot im- prisoned by the P. and Q. Company or any one on behalf of them. In the alter- native they said if they did' imprison him they had good cause, as certain cases of dates were missing and they had good cause for suspecting that the plaintiff was the man who stole then. Mr. Hind also read the statement of defence y Inspector Kerr, who stated that he was justified in detaining the plaintiff, as he had cause for suspecting that thes plaintiff had stolen certain goods.
Plaintiff then gave evidence. He stated that on the 24th October le procceded on the lighter Madge to the steamer India and remained till the cargo was dis- charged. There were several cases of broken dates, but these did not concern him. When Mr. Buckle came on board, plaintiff gave him the tally sheet. Mr. Buckle told him not to wait for the signa- ture of the second officer, but to take 500 cases of dates to the Empress steamer. He proceeded with the lighter to the Empresa steamer, Mr. Buckle accompany ing him. He unloaded the dates on the Empress steaner, but after completing the number on the manifest there were 19 cases left over. Some of them were broken. After Mr. Buckle towed the lighter to the steamer ho left in his launch, but returned about half-past-ten,
by which time the work of discharging
had been completed. There were on the lighter the head lighterman and the carpenter. The latter was nailing up cases. When Mr. Buckle came on board
the lighter, plaintiff showed him his tally sheets, and Mr. Buckle, after looking round, asked why certain cases of dates lying in the centre hold were there. Wit ness replied that they were for Portland. Then Mr. Buckle inquired respecting other dates in packages and accused plaintiff of telling the coilies to hide them. He threatened to strike plaintiff, and declared he would have to take him ashore to see the taipan.
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His Lordship-And no case against Mr. Shellard!
Mr. Master--No.
1912.
Indo-China Steamship Company, owners,
There was a cross-action by the
of the a.s. Loòngsong, against the owner of the junk for $350, for damage occa- sioned by collision.
Mr. Eldon Potter, instructed by Mr. F. X, d'Almada e Castro, appeared for plaintiff, and Mr. M. Slade, KC, His Lordship-Mr. Shallard's name has instructed by Mr. Davidson, of Messrs. not even been mentioned.
Hastings & Hastings, represented the defendants.
Mr. Hind-Mr. Bhallard's name was on the charge sheet.
Mr. Hind--There is a case against the Company. Mr. Buckle is a servant of the Company. It is his duty to superintend the unloading and discharge of cargo, He has implied authority to protect the goods of his employer, and-in-the-exer- eise of that authority he has arrested the plaintiff,
}
there were no excuses for anyone feeling more active pleasures of the evening,
dull. Entertainment was provided for all rooms were set apart for card games,
A steaner recently bought by the Nip- pon Yusen Kaisha in England and named
December. Yokohama, vid ports, towards the end of
The Shiraki Maru, 3,000 tons, a sister-
a way of passing the time which is sup-ship of the Koma Maru launched the other posed to be the privilege or otherwise of day, has been launched at the Kawasaki the men, but on this occasion the passion Yard, Kobe, in the presence of a number which the fair sex in the Colony have of railway officials. These new steamers are being built to the order of the Rail- developed for bridge was recognised by a card room being provided for ladies. way Bureau, and are to be used as ferry-, The Governor's office was set aside for bonts to connect the railway service be
tween Shimonoseki and Fusan, this purpose.
FOOms.
3
DIAMOND
PORT.
"Try it for yourself. It is as delightful to the taste as it is beneficial to health.”
SOLE AGENTS:
H. BUTTONJEE & SON,
Wine and Spirit Merchants.
133
Chs. J. Gaupp
& Co.,
ALBIANDEA BUILDINGS,
CHATER ROAD.
JEWELLERS AND OPTICIAN
FINE
DIAMOND
Mr. Cumming, the second officer of the His Lordship-You don't say there is Loongsang, continued his evidence.
He
In the ballroom an lundance of The German steamer Deike Rickmers any case against him personally I
agreed with the statement of plain-greenery was effectively introduced under | (Captain A. Rapp), ran aground off Mr. Hind-No.
tiff's witness that the stem of the steamer the direction of Mr. Green, the Acting Dauchen Island, at the entrance to Chin- His Lordship How about the Com-struck the junk on the port side. When Superintendent of the Botanical and nampo, Korea, on the 28th ult. The pany?
the engines were reversed, the steamer Forestry Department. Floral de accident occurred seven miles from the CHRONOMETER-MAKERS, would probably travel her own length corations were extensively employed harbour, and the steamer lay on a sandy
WATCHMAKERS, before there was a perceptible slackening throughout the House, and lent bottom. She had on board a quantity of of speed. The helm was hard over, which additional charm to the whole scene.machinery to be landed at Chinnampo for would alter her rate of progression.
The front verandahs were utilised as cloak Messre. Okura & Co., and similar ship-
ments for the Kure Naval Arsenal. Thomas Blair, chief engineer of the rooms, the billiard room was fitted up as
billiard room Loongsang, said that the first order he bar, and the verandahs outside the were equipped as card received from the bridge on the morning
NEW STAMP ISSUE IN CHINA. The supper room downstairs was of the collision was "full astern," and
The public will be interested to learn two minutes later he received the order most attractively treated, baskets of 'stop.” Those orders were promptly greenery being suspended from the ceil.that the Chinese Postal Administration- ing, and the general appearance was carried out, and the engines responded,
remarkably pretty. The stairway from Commemoration Stamps. One set will ENGLISH, AMERICAN W..J. G. Lonsk, master of the Loong: the ballroom leading to the grounds was sang, said he was not on deck at the time, walled in and roofed with bunting, and of the collision, but came on deck after the illuminations in the grounds were Mr. Master-No. There is no evidence being aroused by the commotion. The that the Company were in any way collision had taken place before he reach. Very striking. resible for what was done at the led the bridge. He could see the junk from his position on the bridge, but he } His Lordship-Inspector Kerr's paino could see no lights on her. Then orders
has been mentioned. He may have been
were given to lower boats and save the at Macao for all we know.
.
Hie Lordship-You say the arrest began when he was taken to the office, and continued when he was taken to the Police Station!
Mr. Hind-Yes,
His Lordship-Can you charge the Company with that!
Police Station.
Mr. Hind-Inspector Kerr was in charge and the plaintiff was imprisoned in the Police Station.
His Lordship-Why at Mr. Badeley or Mr. Wodehouse?
E
His Lordship-Is that pleaded?
Mr. Hind-It is not,lenied.
is
His Lordship-Mr. Kerr's name mentioned.
Mr. Master submitted there was no against Mr. Bhallard. His Lordship--No.
*
crew of the junk.
1
į
Down below there were,
of course, plenty of attractions. It should be added that naval mon proved most useful in displaying the flags which were leat for the occasion.
are about to issue for sale two sets of
commemorate the revolution and the other
set will commemorate the establishment
JEWELLERY
-A: SPECIALITY/
AND
BWISS
GOLD AND SILVER WATCHES.
AND SILVER BRACELET
WATCHES.
of the Republic. The donominations are GOLD as follows: 1 cent, 2, 3, 5, 8, 10, 16, 20, und 50 cents and $1, $2, $5. It is ex-
JEWELLERY
ported that these stamps will be on sale ENGLISH MOUNTED CHINESE JADI about the middle of December. As the issue is a limited (ze the stamps will be sold concurrently with the ordinary sur- charged stamps now in use. The sale of
ped after the 31st July, 1913.
Cross-examined-He only saw the junk His Excellency and Lady May. The the commemoration stamps will be stop- MAPPIN & WEBB'S
after the collision had taken place.
This concluded the evidence.
RUSSIA'S NEW PROPOSITION TO OHINA.
(1) China to grant the leasehold of Maimaikai and Kulon in return for the rescindment of the Russo-Mongo- lian Treaty.
Shortly before nine o'clock the guests began to arrive, and were received by
stream of arrivals continued for some little time, and then the formal lancers Mr. Blade said there was no suggestion was danced, the official set being com- Mr. Hind-Inspector Keer was in that there had been any faulty naviga posed of-H.E. and Mrs. Lander; His charge of the station.
tion on the part of the defendants other Honour Mr. Rees Davies, Chief Justice,
With reference to the pending negotia- than the bare fact that the junk was run
and Lady May; Commander Anstruther|tions between M. Krupenaky, ilusaian down. Steamships did not seek for colli- and Mrs. Bucknill; Hon. Mr. J. A. S. Minister to Peking, and Mr. Liu, Chinese notaions--they took the greatest posible care Buckmill and Mrs. Chatham; Hon. Mr. Foreign Minister, regarding the Mongo- Jian question, the former is reported to to avoid them and there could be no Chatham and Mre. Hallifax; Hon. Mr. have made the following five new pro- case reason suggested as to why this collision E. R. Hallifax and Mrs. Pollock; Hon. positions:--
should have occurred, if, as was alleged, Mr. Pollock and Mrs. Ross; His Honour the two bright lights were upon the junk, Mr. Justice Gompertz and Madame Mr. Master, on being asked if he in- because the junk was a very small boat, Volpicelli. The floor was in excellent tended to offer any evideṛce, said he did, and a minute alteration in the helm condition, and the music, supplied by the but he thought there was no ease 19 80 would have cleared it Counsel then band of the K.O.V.L.I., was all that could to the jury. There was no evidence of dealt with the evidence for the other side, be desired, and under these conditions How did he make you get into the arrest by Mr. Buckte. The tallyman and stated that the witnesses differed dancing was decidedly pleasurable. When Inunch He told me I must go to see the simply came ashore with Mr. Buckle in vitally in their account as to how the dancing was at its height, especially in taipan and he motioned me to go into the ordinary course of events. It was light was hoisted to the foremast head. the square dances, the scene was remark. the launch. If I had not gone they would, absurd to suggest that a man was to be He proceeded to demonstrate this by the ably brilliant, the uniforms of the officers bave said I was a thief.
held liable for false imprisonment because He did not actually touch you?-No. he had told a man to wait in the office. aid of a model and two huge lamps. belonging to the Services showing up very What happened on landing?-He went It was not alleged that he had bec Counsel was in a difficulty in attempting conspicuously, while the dresses of the ladies were decidedly effective. The with me to the office.
forced. The P. & D. paid the defendant, to describe a particular section of the
ing to the American, German What happened there i-He left me in and if they did not eaply him as a model, and ingenuously admitted that his guests, included naval officers belong-
of nautical terms was the outer office and went in to see the tallyman they could make him sit in the knowledge
Russian Navies, the Japanese officers
The following extract is taken from the taipan, telling me to wait. Afterwards office all day.
not being present owing to their
report of the cross-examination of Mr.. being in mourning for their late Emperor. D. M. Nissim, the Shangbai representa--
Did you go with him!-Yes. What would have happened if you hadn't gone with him?-I expect he would have dragged me with him,
How did you go1-In the Company's launch
deficient.
and
China to restrict the strength of the
(2)
Chinese Garrison in Mongolia to not more than two army divisions.
(3.)
Russia to continue in the enjoyment cf all the vested rights in Mongolia.
(4.) The Chinese Government to assume
(5.)
liabilities for the loans secured by
SILVERWARE,
CUTLERY and
PRINCES PLATE.
the Kulun Government or private STUDY persong from Russia
The Chinese Government to redeem
the Mongolian loan in cash in the event of the agreement pertaining to tha said loan being-cancelled
OF
"LEADING" A WITNESS.
the compradore told me I could not go jury to decide upon the facts whether or concerning Mr. Justice Bowen, the The Consular Corps was strongly repre- tive of Messrs. David Sassoon & Co., in
Mr. Hind contended that it was for the That reminded his Lordship of a tale
famous humourist of the Admiralty
His Lordship said he did not think that Mr. Buckle had implied authority to ar- rest plaintiff. He would call upon the P.&O. Company and Inspector Kerr for
their defence.
the China Re- against merchants Court, who was credited with the observa-sented, and the official community of the the libel action brought by the opium! Colony attended almost in force. Lead-
publican- tion that he hoped there would be no ring Chinese were present, though, of
Mr Douglas-If I said that all bean rolling of the bar when he put out to
courst, none of them attempted the plea-merchanta are rogues and fatten on the unfortunate Manchu, would you say that sea." (Loud laughter.)
sures of the dance.
that was a libel ↑
Witness-Of course. Mr. Douglas-On you! Witness-On the trade.
Mr. Potter in his address said the onus was on the defendants to prove that plaintiffs had been guilty of a breach of regulations.
but must wait.
How long did you wait?-From eleven not there was a case. o'clock to 2.45 p.m.
What happened then-The compradore told me to come, and on going out I met Sergt. Lanigan, who took us on the police launch to where the lighter was lying.
Needless to say, the A.D.C.'s, Captain Mr. Master-Does your Lordship hold
Taylor and Captain the Hon. Fitzroy The police arrested those on the lighter, and we were all taken to the Water there is a case against the P. & O. Coto-
Somerset, were assiduous in ministering Police Station, Mr. Buckle following, pany?
His Lordship- I am not prepared to
to the comfort of guests, and were assisted Proceeding, he said that they remained
Mr. Slade, interrupting, said that it by Captain Armstrong and Captain If there till dark, when Inspector Kerr say there is no case against them.. arried. Subsequently they were placed the compradore did imprison plaintiff I was for the plaintiffs to show that they Wood, honorary aides-de-camp, while Subadar Major Muhammed Ali, of the and Subadar Mul in trails. On Sunday he was brought think there would be a case to go to the had lights.
H.K.S.B.R.G.A., out ad charged with stealing certain
Singh, of the 120th Baluchis, were also present in their capacity of A.D.C,
dtes. He made a statement to the effect
jury
Mr. Master-1 take it that the case against Mr. Shallord is dismissed ?
At the close his lordship intimated that the Court would take time to consider their judgment.
Mr. Douglas--And if I said all land- lords are thieves you say that is a libel on you?
Witness-Yes.
Mr. Douglas-And if it was said that all lawyers are thieves would you say that was a libel on me 1 (Laughter.)
Witness-That is for the lawyers to determine. (Renewed laughter.)
THE EYE
45
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76