SUPREME COUNT.
Friday, December 5th.
IN ORIGINAL JURISDICTION,
BEFORE HIS HUNGUR THE CHIEF JUSTICE
(BIR WM REES DAVIES, K.)./
THE DANG OF VICENTE SOTTO.
The case in which Vicente Sotto claims the equivalent of £500 from Thomas Carey Welch, Assistant Executive Secretary of the Philippine Islands, and Mr. J. B. Sawyer, Vice-Consul of the United States of America, in Hongkong, for alleged wrongful imprisonment, reached its third day's hearing
Mr. Potter, continuing his defence on behalf of Mr. Welch, detailed numerous authorities to uphold his contention that
A
person whose conviction had been quashed on account of unauthenticated documents could be re-tried, and that the person 80 concerned could be re-arrested by the Court having jurisdiction over hita. He quoted cases which he subrgitted were on all-fours with the case of Sotto, and which supported both Me Sharp's and his own submission, covering much of the legal ground traversed by Counsel for the other defendant. He reminded his Lordship that the Canadian case of
Wax
THE HONGKONG DAILY PRESS, SATURDAY, DECEMBER 6TH, 1913.
Mr. Blade replied that he had submitted many times in that Court that one of the most dangerous things to do was to quote
snippets out of cases without con- sideration of the subject matter in refor
ce to what the position really was, and he would point out how the position of
THE SHIPPING DISASTER IN THE NORTH.
164 PERSONS DROWNED-
RESCUE WORK IN A STORM,
It appears front mail advices that the
LOCAL SPORT,
HONGKONG CHESS CLUB.
HONGKONG SHARE MARKET. Messrs. Vernon & Smyth in their
state
The pick-up team match played at the weekly share report dated 5th December City Hall on Thursday evening resulted as follows:-
The local market during the period Hon Mr. E
under review has shown & tendency to. Pollock, KC....... 1. &. Dr. Ishak 0widen, and in several stocks prices have
1 v. R. C. Neves. Q. DV Souza 1
things was really affected by that practice, steamer Tak Yui (or Tuck Tui), which D. E, de Carvalho..... 1 v. H. M. Basto improved, and appear to be on the up
Later Mr. Slade remarked, in response to an interruption by Mr. Sharp My friend will twist up a statute and make a laughing stock of it. This suggestion is an absolute absurdity."
3
LEAGUE CRICKET.
grade. Langkats have again attracted attention, and after having declined to a buying rate of Tla. 25, now close with buyers in evidence at Tls. 28 Oils" have again been a very quiet market, and according to our London advices Service Cricket Club in a match against firm, but deals still remain very limited, The following will represent the Civil prices have weakened. The tone of the the Hongkong Cricket Club on the Heng-and the same remark applies to the Rubber market is advised as being
kong Cricket Club ground to-day-in" market.
Fine Hurd Para has R. E. O. Bird (Captain), Hon, Mr. Claud improved to 3/21 per lb, and Plantation Severn, R. C. Barlow, A O. Brawn, A.
Sheets are slightly easier at 2/34 per lb. Fester, R. A. Hutchison, E. B. Reed,
The open marki rate of discount has Prof. A. E. W. Salt, G. R. Sayer, A. R
risen to 4 per cent. and the Bank of Sutherland, and R. C. Witchell, Reserve: Eugland rate remains unchanged at FA. Bidin.
per cent. Dar Silver is now quoted at 26-11-16 for rewdy, and 20 13-16 for for ward
ran upon a submerged rock near Port J Silva Arthur and foundered, entailing a large M. J. Danenberg death roll, was a vessel of 1,250 tons gross, owned by the China Commercial Steam Navigation Co. Sho left Tengchow for Newchwang on the 21st November with Mr. Slade complained of the frequency 150 passengers and a crew of fifty-eight of Mr. Sharp's interruption whereupon men. According to the captain's state
His Lordship remarked-Mr. Slade sat quiet for two whole days
ment, 164 persons were drowned, and That is a proceeding which I hope will become a
thirty-four saved, the latter including two Europeans, a top penang i general practice in this Court
The Munchurian Daily News of the 24th The hearing was adjourned until Monult. says that while steaming half a mile day morning.
West of Reef Island in Shuangtaowan Bay, near Port Arthur, the vessel struck on a sunken rock at 11 p.m. A Chinese on shore- discovered: that the ship was in danger and reported the matter to the Japanese police at Shuangtaowan the next morning,
IN SUMMARY JURISDICTION. BEFORE His HowOUR MR. H. H. J. GOMPERTZ (PUIBNÉ JUDGE),
SELLING UP AN HOTEL The case was mentioned of Man Tsun Yuen Ching Kee v. Tsui Tin Hotel, Ltd, the claim being for S110.61. Tin Cheung and the Fuk Lung sued the same firm for $151.07 and 890.45 respectively.
Harsha, which he submitted as an Mr. Dixon, on behalf of the defendants, authority the previous day, was decided asked for an adjournment. in & British Colony, where the Chief
Mr. Otto Kong, Sing, for the Srst His Lordship remarked--Mr. Sharp sut Court of Appeal in England could be appealed to, and where also the faticas that the case should be taken that morn Lupus Act and also the Extradition Acting as the hotel was being sold up. were in force. And that judgment, was
Mr. C. Smith, representing the other one on the very point with which they two complainants, said that he had the same intructions.. He understood that were dealing. If a man was charged with an indictable offence and that the hotel had closed down, and the quashed, he was liable to be tried again furniture and effects were being sold. Mr. Potter closed by submitting that the
Mr. Kong Sing mentioned that the case was bound to be dismissed, and reclaim was for goods sold and delivered, minding his Lordship of the respect of and there was absolutely no defence. English Courts for the law in force in America. The Common Law of England he added,, was the same Common Law which was in force in America, except where they had been altered by statute.
Mr. Potter then raised £ point ад to the procedure to be adopted in that case,
From what Mr. Slade hail said, he appeared to assume that he had a right to reply, but he (Mr. Potter) submitted that he had not, as defendants were calling no evidence. Thus Mr. affidavit.
Blade's case was closed.
Mr. Blade-We are not calling evidence, but that makes no difference.
Mr. Potter added that even if Mr. Slade replied, then Counsel for the defence had The last word. He did not want to debar his friend from speaking, bat he (Mr. Potter) wanted, and held he was entitled to have, the last word. They did not want Mr. Slade to say, at the end of the bearing; that they were taking advantage of him.
Mr. Slade-It is curious how all these
objections are being raised.
His Lordship-Go on, Mr. Shade. Counsel for plaintiff then proceeded to reply to Mr. Potter. The arguments used by him Mr. Blade submitted, were not good, and that nine-tenths of them were irrelevant to the real issue which his
Mr. Smith said there had been other actions against the defendants, which had been settled before they came on for hearing.
Mr. Dixon imagined that that case would also be settled, and he asked for ant early date next week.
Mr Kong Sing remarked that as there were entitled to judgment. was no defence, he suggested that they
His Honour-Strictly, an application of this sort ought to be supported by
Mr. Dixon the remarked that he would consent to judgment in all three cases, and judgment was entered accordingly. -
EXTREMELY RESPECTABLE FIRMALI
others. The first claim was for $357.05, Fong On Hong Lee On Wing and and the same party, under a separate writ, claimed a further $700.25.7
Mr. Crew, for the defendants, asked for a week's adjournment:
Mr. H. L. Denays on behalf of plaintiff, said that he had been instructed that all
the partners in the firm had disappeared from the Colony, and he would like the case taken as soon as possible.
His Honour-You mean that none of them have been served i
Mr. Dennys replied that one of the
SEETHING SEAS AND SUNKEN ROOKS.
c.c.0, wik.co
This league fixture will be played to day on the Craigengower Cricket Club ground, The CCC team will be
LA. Rose, EL, Braga, G. A. Hancock, R. & Carvalho, R. Pestonji, F. K. Tata, G. E, Lace, B. Davierwalla, O. lusso. D. K. Khagas, and R. Bast
SECOND LEAGUE CRICKET.
Marine Office, and the steam-tender doto The patrol-cutter Tej, of the are, of the Rycjun Naval Station, hurried to the scene of the accident. followed by the flakuyin Maru, with a rescio party organized by the Ryojun Civil Administration. The Yeijo Here roughed it through the storm, and, of arrival found that the Chinese steamer had already made a sharp list; her for castle was.
in the air. About 100 passengers were sech on the forecastle erying for help but access to the steamereserves: J. O, Wright and H. A. Taylor. was inpossible, owing to the seething seas
HONGKONG CRICKET LEAGUE. and sunken rocks.
At this time the steamer began to lurch to starboard, and about noon she dis appeared in the sea.
Sterling TT. closes at 1/118, Shanghai T.T. at 739, and Singapore T.T EL 83 Consols have declined to 734.
BANKS-Hongkong and Shanghais have. again ruled a steady market at $750, at Which price a limited number of shares have changed bands. London market is unchanged with a middle quotation of
TO 10s, and sellers at £80.
quetation.
MAGINE INSURANCES: Unious have The following will represent the Civil again been a quiet market and a few Service Cricket Club in a match against shares have changed hands at $810. at the Hongkong Police Club on the Civil which price they close with a nominal Service Cricket Club ground to-day -C, Sara (Captain), J Mackay W. H. sales have taken place at $320, and more Cantons have improved, and Edmonds, C. Tacchi, E. W. Dawson, Care wanted at the same figure, North Higginbotham, W. Hill, E. Gibson, W. B.
Chinas are unchanged with a nominal Bradbury, N. L. Smith, and H. P. Jacks. quotation of T13, 133 and Yangiszes close at last week's quotation, viz, $192) nominal at exchange .
FIRST DIVISION-LEANUK”. TABLE..
Of 150 passengers and sixty-four officers Heagkong Cricket Club and crew, of whom three were British, Civil Service thirty-three were sayed by the Feijo Maru RG.A. and the remainder are missing. The Kowloon ... Yeijo Maru discovered six passengers, Craigengower.... who were suffering from cold and hunger, Staff and Departments. on Reef Ialand.
Navy
The deto Maru and the Hakuyin Maru could make no headway against the gale, and were compelled to beat a retreat to Port Arthur.
CAFT. THORESEN'S STATEMENT.
P. W. D. L. Pt.
4 4 0 0 4:
4 2.11 2
3.1 2.0 1
3. 10 2 1 4 1 1 2 1 4.00 4 0. 00:00 0
ASSOCIATION LEAGUE FOOTBALL.
HONGKONG CLUB ROYAL ENGINEERS. This League match will be contested on Capt. Thoresen in a statement pub the Club's ground at Happy Valley this lished by the Vanchurian Daily News, afternoon, the kick-off being advertised says that the engines of the Tak I, for 4 p.m. The Club, will be represented which was under his command, were kept by the undermentioned:-C. G. Cope, M. going full speed ahead after the ship. Railton and A. J. Stalker; R. F. Long struck so as to get steam off the boilers W. B. Kigden and R. C. Brown; NL as there were twenty-four fathoms of Goldenberg, and C. Wilkie. and also to keep the ship on the rocks, Railton, J. Walker, Edgcumbe, I. L.
water under her stern. Orders were given to sound the forehold and get the life- filled with a shrieking and gesticulating boats one. The bridge was instantly crowd of coolies, and from there they swarmed into the lifeboats, so that it was
heavily, lying broadside to the seas unpossible to get these lifted out of the chucks; besides the ship was rolling
The coolics also began to loot the cap tain's and officers rome.
boats out the captain got rockets out, but Seeing that it was impossible to get the hese could not be set alight. It was then reported that the forehold was full of water, the forecastle head was nearly evel with the water, and the foremast leaning 45 degrees aft...
VOLLEY BALL LEAGUE.
Volley Ball League will be played this One of the decisive matches of the afternoon at the YM.C.A.. Playground, Bridges St, Tai Ping Shan, at 4:30 pm. Chinese Y.M.C.A, between St. Paul's College and the Both teams have all. Those who wish to see a good exhibi played five matches to date and have won
do well to make a point of witnessing ton of this new and popular game would
this match.
THE KOWLOON TERMINUS.
·The Building News of October 31st con- tains a picture and a plan of the now-
FIRE INSURANCES-China Fires have been sold at $181, and a small number of Hongkong Fires are on offer at $880.
SHIPPING, Hongkong, Canton and Macaos remain in demand at. 8281, but no appreciable number of shares are on uffer. Indo-Chinas remain a dull market,
INTIMATIONS
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– Cuticura Boap and tinsmenteeld everywhere. Sam- Din of each with 32-p. book free from nearest depot: Newbery, 27, Charterhonse Hg., London; R. Towes &Co, Sydney, N.B.W.; Lennan, Lul: Cops Tawn;
·Stuller, Maclean & Co., Calcutta and Bombay: Fot- tet Tirus & Chem. Corp., ende props... Boston, D.B.A. my Fonder-faced mth thave in comfort with Cutl una Svap Shaving Sikh Liberal zample teve.
[96.d.
and have been sold at $90 The London MAPPIN&WEBB,
middle price remains unaltered, vizi, 165 China and Manilaa have again strengthened and changed bands at $0.10, with buyers still in force at the slightly reduced price of 32.00. Star Ferries are still wanted at $44), but ne shares are on offer. Douglases are unchanged with sellers at $30.
LIMITED.
NEW CONSIGNMENTS
OILS. Shells according to our lates London advices have weakened, and are advised as 98/4 middle, and Mexican Eagles are also easier at 40 middle. STERLING Ural Caspians have failed to maintain their quotation of last week, and are now reported as having a midele quotation of
60/71.
REFINERIES-China Sugars have ruled qafet during the week, and now close with sellers at $08. Luzons are neglected, and remain on offer at 833.
at 3 without leading to business, and now MINING Raubs have been inquired for close with a nominal quotation of 331- Henwords also having a nominal quota- tion of 2/3. Kalans remain at last week's figure, viz., 33/0 middle, and Tronoha have declined to 407 middle, 19.
DOCKS, WHARVES AND GODOWNS.-Hong- week have been the medium of a fair kong and Whampoa Docks diiring the
business, and been sold at $75 and now close with buyers offering 875, at which no business has been reported. Kowloon Wharres have been dealt in at $91, and now close slightly easier with a nominal quotation of 800. No change nominal
SILVER WARE.
PRINCE'S PLATE
(GUARANTEED FOR 30 YEARS).
CUTLERY
From the
SOLE AGENTS:
has to be reported in New Amoy Docks CHS. J. GAUPP which again close
器 with
gain been a quiet market, and close at quotation of S. Shanghai Docks have
last week's figure, viz., Tls. 54, Shanghai and Hongket Wharves close on offer at Tls. 110.
Lordship had to try. A point had been partners were there, but a short time ago bo done, and no signs of ships in the and will further enhance Mr. Hubback's kong Landa have been sold at $113, and
made of the adaptability of the Act in the Colony in reference to extradition pro- edings. Because of that it was up to the Counsel for defendants to prove special and peculiar eircumstances why the Act could not be applied to that Colony. It was brought in with the object of securing the liberty of the subject, and surely that applied to a new Colony, and the Privy Council had never held that Habeas Corpue was not in force in any Colony.
they promised to pay.
Mr. Crew said that the first partner was in the Colony.. It was a question ́of guarantee,
The first officer was then ordered to get terminal station at Kowloon on the British rafts ready on the after deck. It was section of the Kowloon Canton Railway, expected that the bunker bulkhead would give way any moment, the engine room. A B. Hubback for the Government of which was specially designed by Mr. All and the ship slide off the rocks and Hongkong. The terminus, the main fea- sink in a few minutes.
ture of which is a clock tower, will have Secing that there was nothing more to an imposing appearance when finished vicinity, the captain, chief officer, steward high reputation as an architect His Honour-It seems probable that and a quartermaster got on to a raft and drifted off Shortly afterwards the ship they come and go."
swang round broactside to the rocks. This
CHINESE GOVERNMENT MINING, accounts for her keeping so long afloat.
SCHEMES, DRIFTED FOR ELEVEN HOURS..
DIFFICULTIES IN FULFILMENT. The four men on the raft drifted for Mr. Dennys-It is not a question of eleven hours, The raft was constantly
PERING. November 20th. washed over by tho huge seas. Finally it guarantee at all.
The draft of the mining regulations drifted into Louisa Bay, where the states, in addition to what has already occupants were picked up by natives in been telegraphed. that the provinces an utterly exhausted condition, and more and
also the Inte Conference on or less injured. On getting ashore the Industry and Commerce requested the tried to get junks to go to the rescue, but Dynasty taxes gold and silver and pre captain telegraphed for assistance, and reduction of mining taxes. The Ching no junk men would go out in the rough cious stones ten per cent. and other In the morning one boat arrived minerals five per cent, while fifty per The second mate (Chinese) drifted ashore Henceforth the highest tax will be one en a plank and ten others got to Reef per cent and the lowest one-half per Island, where they afterwards were saved by the Japanese rescuing party from Port output will more thinn make up
The Ministry expects that the increased the Arthur,
The draft contains lengthy details in difference in the Government revenue. connection with foreign while many of the main issues are co-operation, shirked.
Mr. Crew-My friend claims for goods sold and delivered, but there is a question of a guarantee.
Mr. Dennys-If your Honour will give us a date, the case will be settled. There
Reus.
& CO.,
ALEXANDRA BUILDINGS,
CHATER ROAD
ME
LANDS, HOTELS AND BUILDINGS.-Hong-
are now wanted at the improved price of $113), but no shares are on offer. Kow- loon Lands close at last week's quotation. viz., $b, and West Points remain on offer at 10: Humphreys Estates have been sold at $0.20 and 69.25, and now finish with sellers at the latter quotation. Hongkong Hotels (old) are on offer at $125, and the New Issue are wanted a the improved price of 886.
Corros Muita The Northern Mills according to our latest advices have weakened, and the following quotations MACGREGOR&C.. 1434 buyers. Kung Yiks Tle. 13 buyers, are the latest to hand, viz.:-Ewas Tls. Lacu Kung Muws Tis. 104 buyers, and Shanghai Cottons. Tls. 118 bayers. Hong-
are a lot of large, claims against these with twelve men, and another with seven, cent, of the nett profits was also claimed, kongs are unchanged with sellers at 8.
His Lordship-On, no; I do not think you need elaborate that point.
Counsel, proceeding, said that the next people which are perfectly simple, as they point was as to what sort of imprison are acknowledged by their own "chop." ment the abruz Corpus Act of Charles Mr. Crew pressed for a week's adjourn I dealt with His friend had argued ment. His friend had come into Court strenuously the case where a man had been and made ex parte statements which were let out on bail on an application for not substantiated (Mr. Dennys-I am not Habeas Corpus and subsequently was the only person to make them)-about the re-arrested on the same charge. That was insolvent condition of an extremely Mr. Potter's argument based upon the respectable firm here. very words of the Act itself, but he had ontirely confined himself to enses where a man had been imprisoned or committed on some indictable offance. Mr. Potter had given an entirely erroneous meaning to the provisions of the Act, which could be shown by a closer perusal of thein than that of his learned friend.
firm ought to pay its debts.
Mr. Dennys-An extremely respectable
Mr. Crew-My friend has to sub- stantiate the debts before he gets them paid..
admitted the debt. They had been given Mr. Dennys stated that defendants had
time, and now. they came forward and
Mr. Slade continued his reply to Masked for an adjournment. Potter after the titin adjournment, and
His Bondur asked how long the amounts
during his remarks on the applicability had been owing, and, upon being informed. of the Habeas Curons Act,
that they had heen outstanding for some Mr., Sharp interrupted with the statants, remarked that the parties had ment that Counsel for the defence had waited for six months, and now they asked. Mirror said, as Mr. Blade was contending,bet to disarrango his list. that the Habeas Corpus Act did not apply to the Colour: They held that the scction upon which Mr. Slade was contending did avt apply.
Mr. Slade The Acc doos directly apply to extradition proceedings.
His Lordship held that the contention of the defence was that the Act did not apply to canes of an indictable nature.
Mr. Donnys remarked that he ander- stead various creditors had been paid, and that his clients money was being kept back. It was only a question of fixing probably be arrived at the data, murd a settlement would then
Mr. Crew subsequently mentioned that the managing partner of the firm was in the Colony the previous evening, and that ho would accept service on his behalf.
The hearing was fixed for Friday next
Much credit is due to Mr. Yoshida, Civil Administrator, Port Arthur, and the Naval authorities of the same port, party. for their quick despatch of the rescuing Altogether 164 Chinese were drowned and thirtytwo suved. Two Europeans were also saved.
had made in the land, Is England Count the number of holes that golf nothing but a Gruyere cheesensks the Globe.
1247]
cent.
The general opinion of foreign experts is that the draft is absolutely useless. As regards foreign participation it is argued that
foreigners will never invest in Chinese mines while Chinese management
sidered likely to act against foreign interests to forty per cent is also eun- is essential. The restriction of foreigu
investment, but it is not necessarily fatal to it.-Router.
PERTUS
S
SIN.
• Is a barmiess and efficient remedy against all diseases of the respiratory. organs, especially WHOOPING COUGH, CATARRH OF LARYNX, ACUTE AND CHRONIC BRONCHIAL CATARRH, ASTHMA, &c., which bas Lovn recognised unequalled by the highest authorities. Also the AFFECTIONS OF THE LUNGS will be greatly relieved by the use of it.
TO BE HAD AT--
THE MEDICAL HALL,
HONGKONG.
D
MISCELLANEOUS.
Green Islands have changed hands at prices varying between $0.50 and $8.75 and now close with buyers at the latter figure,
China Borneos remain in demand at 893, but no shares are on offer. China Light and Powers are wanted at $41, China. Pro vidents at $61, Dairy Farms at 827, Hongkong Electrics at $45, and Steam Laundries at $4. Fees are in strong demand, and close with buyers at the improved rate of $185 with no shares on offer. Watsons have been sold at 88, and Hongkong Trams at 8/5, Powells are on offer at 591, Pulps at $20, and Peak
tion of D2 cents. Trams (old) can be obtained at $108, the new shares closing with a nominal quota:
LONDON QUOTATIONS. - The following quotations (middle price) were received from our London Agents by wire this morning:--
Indo-Chinas (Combined).2105/- Chinese Engineerings
3370:
Hongkong Electric Trams 8/44. Tronoh Mines, Ltd.:
40/-
Ural Caspians.
Mexican Eagle
1/7 407-
Shel's Transports "Bearer" 90/4 British Burnab Petroleums -5/3.; United Serdanga, melon 8/3 Rubber Plant Inv. Trust... 10/3 Eastern Int Trust
12/1 Venture Trust, Ltd.
1/3
Military and police patrols have been- largely increased at Wüchang during the last few days, says the Henlow Daily News of November 27th Several arrests of members of the Kuomintang have been made and it is reported that ten persons were executed.
CALDBECK,
(ESTABLISHED 1964).
THE OLDEST FIRM OF WINE AND
SPIRIT MERCHANTS IN THE
EAST.
CHAMPAGNES,
SHERRIES,
MADEIRAS.
MARŞALAS,
PORTS,
CLARETS,
BURGUNDIES,
HOCKS,
MOSELLES,
WHITE WINES,
[25