SUPREME COURT.
Wednesday, May 14th.
IN SUMMARY JURISDICTION.
BePORE THE PUIBNE JUDOZ (Mn. J. H. KEMP).
and "adulteration" was that adultera tion implied that the impurities had leon put is on purpose, and Share was no evidenie to the effect that such had been louie. The defendants further had evidence that in at least one market-and a market in which one would imagine the standard was higher than in
China coasts, that WEA
the
to
·
THE HONGKONG DAILY PRESS, THURSDAY, MAY 15TH, 1913.
CANTON.
(FROM OUR Own CornESPONDENT]
CANTON, May 13th.
FLAGER IN THE CITY.
Recently plague has been fairly prora- lent around Canton, and in the Eastern district of the City it has become brae during the last few days. During the
PARIS LETTER.
PROM OUR OWN CORRESPONDENT.)
Tants, April 18th.
defeat and humiliation, must amilo within himself when he finds that the "intervention of the Powers," a phrase. loved by all international politicians, meine only the despolling of a small nation. Montonepro now will say
Put not your trust in Allies !! Still the situation in the Near East remains strained, and is re-acting, in an unhappy
in the local markets-to which last week soven people died of plague in affair which should be treated as such.degree on the relations of the European
ALLEGED BREACH OF CONTRACT, The action was re-opened in which say, Mestra. W. R. Loxley & Co., general defondanta supplied the oil five per cent, merchants and exporters of wood oil, ot impurities was not a ground for sued the Nam Mow firm, of 164, Con-rejection. He submitted that the defen- Daught Road Central, for $1,000 as dam-ciaats wero entitled to the beneft of the age for breach of contract, dated 4th doubt is Lordship would not presume July, 1912, whereby the defendants
in the absence of evidence that the defen- agreed to sell to the plaintiffs 025 piculs dants had added this foreign substance of wood oil, to be filled by the defendants on purpose. The case for the defendants into drum provided by the plaintiffs and was that the oil supplied was oil of a shipped by the defendants free on board | character ordinarily supplied and dealt in Hongkong Harbour within the months with in the local market as wood oil, and of August and September, 1012. The time that since the commencement of this case for delivery was subsequently extended to practically the whole of that oil had ben the 1st of. November, but the defendants add at the market price, and that no failed to deliver such oil or any part complaints had been received from any thereof. It will be remembered that his purchaser of any deficiency in the quality Lordship gave judgment for the defen-at the oil. dants with costs, but subacqnontly an- nounced that on reviewing the care and writing out the judgment, he bad dis covered that his recollection of the evidenes on which he based his decision way at fault.
- Mr. Davidson then called the manager of the defendant firm, who said he had
bean in the oil business for ten years or more. In July of last year he entered into a contract with the plaintiffs to sell
the Eastern Suburbs and people living there are a little scared. The vicinity of the West Gate has also suffered, although no casualties have been natified during this week. It is very difficult to know just how bad the epidemic may be, for until the afflicted persons are very bad or die no steps appear to be taken.
THE NANCY AFFALE, There is really, no senso in the amount of publicity devoted to the Nancy affair by the French and German Press.. It is merely a pothouse quarrel, an insignificant
It is most impolitio indeed to stir up
Powers. In the background of the whole passion over such a teacup tempest,
business hovers the Austrian Eagle, especially just now when Germany and symbol of spoil and plunder. It is Franco are not the heat of friends, and
Austria who objects to the Montenegrins when so many sparks are falling. What possessing Scutari, they fear & strong in there to make such a fuss about, after nation on their Eastern frontier. But all? The French papers corsider that should Scutari belong to the so-called the Germans have grossly exaggerated the autonomous Albania, which will in some way be infuenced by Austrian diplomacy, Nancy incident, which may well account the Yuet Han Railway to Ying Tak took ment is desirous of finding a friendly thing and will be surrounded entirely by The atticial opening of the extension of for the report that the German Govern Montenegru will be too weak to do any place on Saturday last. The party, consolution. The fullest inquiry is being Austria. By this means Austria, with- sisting of about 14 European and 600 meds, and though Government investiga-out having participated in the war, will Chinese guests, left the Wongsha Station tions are not yet terminated, there be stronger on the Adriatic than ever. at 8.45 am, arriving at Yin Tak at, 1 appears to be nothing to show that the p.m.
It seems, and is hard on Montenegro; three Germans and their lady com-
there is little wonder that King Nicholas panions who went to the Nancy Casino last threatens to resign, and should this Sunday where a French patriotie play hanpeu, Montenegro will join Servia, and form of violence. No notice would likely was being given, were subjected to any have been taken of the preseues of the foreigners had it not been for some
THE YUET-HAN RAILWAY.
The scenery on the route is very fine indeed, especially above Pakenghoy where pretty Chinese villages nestle among: groves. As the train crosses tho mountains the view is beautifully rugged. Although this was advertised as an officis function, strange to say there was not a party. Several foreigners in the employ
Austria will find a
very troublesomo combined State.
neighbour in this Montenegro's dream of annexing Sentari and setting up there her new capital can
Mr. F. C. Jonkin (instructed by Mr. them 828 nicula of wood gil--the subject single official of any standing among the students who, spotting the Germans, made only be realised at the expanse of a great |
Dennys, of Messrs, Denys & Bowley) matter of the action. At the date of the represented
the plaintiffs, and Mr. contract witness had not sufficient in stock Davidson (of Messrs. Hastings & to complete the contract, having a little Hanstings) appeared for the defendanta, over 700 piculs, and had perforce to buy Chineso enjoyed themselves as they always when the Germans left to go to Metz five
Mr. Jenkin announced that he had con- the remainder in order to carry out the forred with Mr. Davidson about this case, contract. The wood oil which he had in and would like to know his Lordship a stock wes of the ordinary quality, and stato of mind at the present moment with he had tested in various ways the wood oil regard to the one, as his Lordship's in his bad bought. In reply to Mr. Davidson timation would in all probability limit the witness, through the interpreter, said the issues and facilitate the hearing.
Te colour of wood oil was red....Mr. David- them loft his scat for a moment he would I the German visitors were molested, farved shall not be fortified. King Nicholas would like to know whether his Ledson looked surprised, and his Lordship ship's opinion was that the oil had been adulterated, and, if so, who was to blame for the adulteration.
His Lordship-There was evidence on one side that the oil was adulterated.
Mr. Jonkin then enquired if his Lord ship gavo judgment on the basis of the compromiso mentioned of 25 per cent.
His Lordship-Not directly. The ques tion rested upon the evidence of the ex- perts.
Mr. Jenkin undertook, if necessary, to call Mr. Beattie, with regard to the counter offer of 25 per cent, in order to carry the matter a little further.
Mr. Davidson objected to this, and said he did not take his Lordship's distinction in regard to the 10 per cent, of impurities in the oil, and his Lordship's second view to the effect that 10 per cent. of some other substance had been added.
do right heartily and the 13 cars (about which one of the foreign guests was VERY superstitious) were literally packed. The arrangements were not exactly what they might have been. Special cars were pro vided for the foreign guests, but if one of
find on his return that it was occupied by explained that Chinese terme for colours some of the Chinese from the next car, did not agree with the English at nil which was orowded. On arrival at Ying Witness further said he was satisfied Tak, tiffin was served in a large natshed that the oil he supplied the plaintiffs was specially built for this purpose. Tiffin merchantable oil, and it was put into the consisted of a piste of cold meat and plaintiffs' drums under his own super-glass of boor. Our Chinese friends vision. The oil was rejected by the plaintiff firm, but had since been sold at the market price. Questioned by Mr. Jon kini as to who were the partners in the firm, witness declared he only knew one,
who was in Macao. He denied that he (witness) was a partner.
Mr. Jonkin then applied to his Lordship for an order against the witness and against the defendant firm to disclose the names and addresses of the partners in his firm by noon the next day and the order was granted.
Mr. Davidson called no more witnesses,
"
always try to do their best, but in a case of this kind whore they had some 800 odd guests to enter for they ought to have solicited the help of some people who had some experience of this sort of business Photos of the principal guests were taken before the departure from Ying Tak, and 2.45 p.m., arriving at Wongeha at 7:00. the train left on its return journey at The train was in charge of the Trac Manager, Mr. Wong, who did his hest to make the outing a success. This addition to the line ought to be of great benefit Canton, as there is sure to be a lot of
trains are being put on,
RUMOURS IN CANTON,
and explained that he had cut short the trane up and down, especially as faster His Lordship-The evidence for the evidence for the defence because no ques plaintiff appeared to be that there was authors had been asked by plaintiffs on the actual audition, and not impurity arising
important point in the evidence of the during the course of manufacture. It
witness that he sold the whole of the wood was an addition which might arise frail after ite rojection by plaintiffs at the another source altogether. Therefore he
market prices of the day; therefore this plaintiffs said the defendants applied the
evidence remained unchallenged. admixture.
The case was adjourned,
OVCE the..
European war. Austria is prepared to stake her very existence on the exclusion of King Nicholas from Scutari. Feeling in Russia is so excited in favour of Montenegro that the situation is not without its grave dangers, From the latest reports to hand. Montenegro is ready to withdraw the troops from Scutari provided Furore concedes certain territory and guarantees that Bentari
further exacts that the £1,200,000 to be he considered as a war indemnity and not offered to Montenegro by the Powers shall
as the price of the abandonmout of the attack on Scutari-a question of amour propre. The way Montenegro is being treated, or rather ill-trated, is a disgrace to civilised Europe.
INTIMATIONS
WATERY ECZEMA ON HEAD AND FOREHEAD
Head and Ears Were Right Raw. Red and Scabby Patches at First. Al- ways Scratching and Rubbing. Cu- ticura Soap and Ointment Cured.
до
College Road, Fralingham, Suffolk, Ing. -"My boy's bead and forehead, under hla cars and on lifa simulders, were allocted with walkery eozina, When bo was about six weeks old bo bayran to have it. The rash kept going out on his forehead to his eam. Then his head and ears were rightme. Tho eczema tonlod ko rod and scabby patches at flest; why you touched. tbea water gozed out
out of them in m It did it very much, ho was alware in a piacos scratching and ruhting. I don't think it stopped him much from sleeping, mare of day times. He was fratial at times. The Bezera took all his half off first but it kee grown thicc again finco his heal tas be well.
"I cried Arst but they did no good. Then I saw in the paper about Cuticum Soap and Cuticura Ointment. I use t completo treatment, both Cutlera Sony nud Cuffeura Ojutment every morning and they cured Him. Cutiara Soap and Ointment gave my boy a beautiful siin." (gued) Mrs. M. Woods, Jan. 1, 1915.
Cuticuro Soap and Cattura Vialmentary Bold throughout the world: A single ne fa oftea sufficient when all else faste, Bample of each with 32-p. book free from nearest dopot: F. Newbery & Sons, 27, Charter house 8q.. London: R. Towns & Co, Syd- ney. N. s. W.; Lonnon, Ltd., Cape Town; Muller, Maclean & Co.. Ualcutta and Bola bay; Potter D. &. Corp.. Hoston, U. S. A. Tender-faced mon should shavo' with Cutleura Bean Shaving Ellek. Sample fro
96-25
PRISM
BINOCULARS
AT HOME PRICES:
(now model):
.£10.10.0 $10.10.0
£9.5.0
£6.10.0
(large field)...
£7.10.0
6
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£5.18.0
3
£5.8.0
of the Chinese Government were the only some rerurks to them which was followed people of any distinction present. They hissing from the gallery. The mani festation was renewed at a café, and
or six students and fifty other indiscreet person's followed them to the station jeering at them. So much for the French version of the affair. The German version states that in addition to being insulted
to kneel and salute French officers. The latter Hounds absolutely ridiculous, Baron von Schen, Gernian Ambassador, while anxious to arrive at the truth, does not believe his countrymen were made to kneel and salutes The proof of tact exhibited by the French Government in ordering an immediate inquiry before waiting for representations has certainly produced a
THE PRESIDENT'S DEREAVEMENT. German circles here. Reticence on both most unfortunate since he succeeded M.
favourable impression in
President Poincairé has certainly been sides is by far the best course to adopt, Fallieres. He has had no end of political until the result of the inquiry is known. troubles to contend with, but the death The regrettable tone of the German and of his mother, which has just taken place, French Press is not calculated to smooth has proved his greatest how Mme ZEISS
diffenlly Fro
From Grenoble Antoine Poincaré died quito suddenly, another teatre scene is reported. The aged 74,-last Friday morning in her flat appearance of some of the actors in the Rue Babylone, in Paris, In spite German uniforms in a patriotic play, Lof his bas, the President received a "The Heart of a Frenchwoman," caused number of people at an official luncheon 16 Power
demonstration from the audience, and at the Elyste Palaco an hour after his some Gerinan students in the audience mother's death, because it was too late tu
12 retired, with commendable discretion. put them off without inconveniencing 12 Just now there are great rumours going The Luneville affair was equally one of thein-characteristic of the new President,
8 round about the signing of the loan and rudeness and misplaced gestures at the The late Mine. Poincaré was a model the payment of the first instalment which expense of Germans of German officers in mother, and charitable to the last; her to be made to-day. One story is that this case. Baron you Schon sincerely de loss will be severely felt by the poor of if the instalment of the loan is paid there plores this lack of courtesy, which, if perth is City, who looked upon her for years. is to be a general boycott of all foroigu sisted in, may but bring about very serious as their best and truest friend. She was goods and foreign firms. Most likely this trouble. Returning to the Nancy affair: a dear old lady in every sense of the word, is all talk, but it shows the way the wind Nobody in Nancy attaches any import | most devoted to her two sons, and her is blowing and points out once more that anoc to it, says Le Temp. As L'Eclair | influeno, did much to make the present although on the face of it everything in-
very appropriately remarks, when overy President the man he is. When a few. take much to cause an outbreaks. Just a dicates quietness in the delta t would wt thing is settled, the only thing to remember months ago le returned to his house from few days ago it was stated that a imberll be the exaggeration that the Press Versailles after being electe i President, June I will see active work begun. on the new plant of the Oriental Brewery, of agitators had been making long that of Germany in particular--gave to an bis overjoyed mother, neglecting the which was recently purchased in Hong speeches at Fatsban and trying to the no question of diplomatic representatiouately kissed her son in front of every- unimportant pothouse quarret. There can official personages present, most affee.
M. Barretto, of this city. kong by a syndicate headed by Antonio the people up against the present off
tions, as
the Gaulois observes, the body present, and then, patting his cheeks, non-recogni- Of interest in connection with the cials, and this loan and the was not merchautable they could be said establishment of this plant in Manila istion of the Government were part of their State never being responsible for incidents remarked clearly and distinctly "I a private character happening in an only hope, Raymond, that you have not to have proved that it was something the appointment of Enrique Barretto, arguments..
founder of the San Miguel Brewery, as
tablishment not under its control. As undertaken too difficult a job. You were quite different, because the greater in its general rounager. Enrique Barretto cluded the less. In order to discharge will be remembered by many people here
been sent by the French Government to yourself, you know." soon as the report of M. Ogier--who has never quite so clever as you thought The President that obligation-and he thought it would as the Black Prince," a eobriquet earn-
inquire into the Nancy incident-is in uwes a great deal of his success in life to not be denied that the onus rested up by his lavish hospitality in the hoyday
the hands of the French Prime Minister, his mother; the plaintific-the only evidence they had
this admirable Woman led was that of two chemists whose
German Government, which in turn will exemplary loving solicitude. She insisted his conclusions will be laid before the watched over his early
career with evidence went no further than that the
communicate the report of the Metz on superintending his studies as a lad, The Messagerie Cantonnaises have ne quired the middle wharf which was terities who interrogated the com- and taught him how to get up in the plainants. A comparison of the two morning. The old lady always rose at formorly used by the Steamboat Company and B. & S., and this new arrangement versious will determine the legal steps.
Her whole life may be said to have been entirely devoted to the opinion remains admirably calm, and used to conduct them herself to the school very little notice is being taken here of gates. It was his maternal grandfather
assistance necessary to realise his first the explosion on the other side of the who gave the President the financial STUDY frontier. It is the Press of both countries political ambitions. The President used that is doing all the mischief by mis¦ regularly to spend a part of the cummer representing facts. The French astion is with his mother in the quiet rustic hone not a rude que; everyone knows that France cannot help no more can Germany Hongkong will fire (weather permitting)-what a few mad brained students and on Saturday, 17th inst., at a p.m., on the other persons may do, who, if caught, will,
be severely punished. King's Park Range,
Mr. Davidson said the plaintiffs, wno had entered into an open contract for the sale of wood oil, had to show that what had been delivered by the defendants-- it was not disputed that some oll was delivered--was not merchantable wood oil. If they failed to show that they might also show that it was not wood at all. A question which he thought he need not dwell upon at that time was that if they failed to prove that the oil
NEW BREWERY FOR MANILA: The Manila Cablenews of the 10th inst. publishes the following: --
SHAMRES.
In the river at present are H.M.S. Virago and Moorhen, and the two French gunboats Vigilante and Argus.
been laid.
of his prosperity. Of recent years he The new water schede is last nearing has lived quietly in Manila, passing his completion and the tower is already con days as an employe in the office of the structed, while most of the pipes have clerk of the Supreme Court.
Don Enrique yesterday told of the plans oil in question did not answer to of the new company, and with enthusiasm the tests applied to absolutely pure described the modern plant which is now wood oil--that was the language used being dismantled in Hongkong for ship
ment to Manila. by Mr. Spurge-and that probably, ac “I am highly pleased to get back into cording to Mr. Browne's evidence there the brewing game," he said.
..You
a.m.
was present in the oil a percentage of Perhaps know that it was I who establish will be much more convenient for pas-domanded by the ingidents. French education of her two sons. She always
ed the San Miguel brewery. That was in some foreign matter, probably a vegetable 1899. In 1890 the grand opening took oil. That was as far as Mr. Browne place. That is all a memory now, and
an
comparatively insignificant one, when I contemplete the now concern which I am to manage for my cousin and his associates.
The Oriental plant has an annual 14,000,000 litres of beer and 190 tons of ice per day. This will be in- creased by fifty tons as soon as machinery we have cabled for arrives and is set up.'
Plans for the Nagtajan plant were taken from their coverings. They showed in detail the interior arrangements of the concrete structures which will house the brewery and ice plant and a sketch of tho entire plant as it will appear in full
"
went, and Mr. Spurge stated that he did not trouble about the percentage at all, The position was, that all his Lordship knew about the wood oil was that there was, taking the plaintiffs' case, admixture of possibly not more than six per cent. of some other substance which the tests seemed to indicate was a veget. able oil.
Ho thought ho was" not putting his case too high when he said the evidence of the plaintiff did not carry his Lordship any further than
working order. that Na evidence whatever had been
few weeks the Atlantic, Within a called to show what were the qualities of Cult and Pacific Company will begin merchantable wood oil, nor to show for work on the river wall which i ho what purposes wood oil was used, and built to furnish wharfare for the new ntant, and driving pile foundations for whether such an admixture would the buildings. The plant will cover 1980. make it useless for these purposes; square metres of ground, exclusive of neither had evidence been called to storage arðs.
Every piece of machinery cnnected show how that admixture came to with it is of the very latest pattern, and bo present in the oil It was true of sanitary design."
Mr. Benito was not certain, whan the that the expression "adulteration" had been use throughout the east, but he first brend he made, - that will depend op e rapides the which the thought, speaking from recollection, Mr. | plaut in an here. He stated that ar Browne admitted that the difference perthrew with his assists would
he import with im Germany to take between the presence, of “impurities" of the bra house,
scngere. The British boats are using the Ho Foo Nien wharf and the China Mer chants wharf, as they have been doing for
a considerable period.
INTERPORT RIFLE MATUH.
The following have been selected to forin the team-Meyers. Coles, Willis, lann, and Pearce (H.M.S. Humplere) Messrs. R. Stewart, T. Hearl, H. Elson and J. C. Gregory (R.N. Dockyard), and Messrs. D. Mclennan and MacNab Wilson (Hongkong Police).".
The Reserves:-Messrs. J. D. Danby and J. Lyon.
The Umpires are: Dr. Evan Jones and Tesars. Bullock and J. Watson (Shang hai)
The lawn bow's Jemue season com mences on Saturday, May 24th, when Civil Service play Police and Kowloon
play Taikoo.
THE BALKANS,
The attitude of the Powers towards
Mon-
To be obtained from
Chs. J. Gaupp & Co.,
OUR
OF
ALEXANDRA BUILDINGS
CHATER ROAD, ~
which his father had died. The funeral of me. Poincaré was simplicity THE EYE itself, only the President and his wife, and members of the family and one, or two Ministers were present.
A LOSS AT: THE SHANGHAI RACES.
Montenegro is no la ridiculous than
The police, says * Shanghai eun- King Nicholas' defiance. The Eastern
temporary, are at present engaged in cloud shows signs of breaking
investigating a loss of money which tenegro is still being politely told that it occurred at the Baces. This was not lost is a naughty little nation, and that, being in the way people usually dispose of their such, it has no right to claim its conquests money at these events, but in a manner or even compensation for the risk it has such as to put the detectives on the track. of the person berefting by its acquisition. made. The haughty big nations are too It is alleged that during Wednesday a large to course in this fashion, ant so may Chinese shroff employed by the Race Club keep their conquests. This is what the compradore called at one of the oflees of decision of the dilatory concert of Europe the club where he was, of course, well known, and stated that he ha1 boen sent really means, the smothering of a tiny by the compradore to get $2,000. This nation and Britain acquieses! After sun was handed to him, and it is stated all its glorious phaseology of "helping that since that has accordingly been
seen. The matter the weak." The Turk, despite his put in the hands of the polies,
dad its anatomy and our long experience in correcting defective vizion enable us to tell beyond doubt if your eyes will be hauested by wearing glasses
Our method of testing is se vutifie und sconrate: If you do not weed glasses we will tell you so if you do need glasses we can supply and it then at entremely moderate prices,
MAKE CURTAIN WE WILL TELA YOU,
CHAICKRD MINGKONG