SUPREME COURT, Thursday, 8th January. IN SUMMARY, JURISDICTION. BEFORE HIS HONOUR MR. H. H. J.
GOMPERTZ (PUIENE JUDGE),
TRIALS OF NEWSPAPER FRODUCTION.
The case was resumed in which Losi Wai Kee claimed 81,000 from C, H. Lee, editor of the China Outlook. There waS also a counterclaim for 82,070, damage and loss alleged to have been caused by
the plaintiff's action in suspending the
printing of the panor.
Speaking with regard to the damages claimed in the counter-claim, Mr. Harris (representing defendant), said he thought he was entitled to have the advantage of the ancient principle of restitutio in integrum; that was to say, he proposed to prove damages in what he considored to be a correct way, to show what his loss would be if the paper had been brought out-for it was obvious they were losing on the production and also the loss incurred by the non-production of the paper, and so get the difference. He was entitled to be put in the position he would occupy if the plaintiff was continuing his contract. It was true that they did lose on the paper, but he had not taken that into consideration when he estimated damages. The claim would really be for three-quarters of the month's balance, The cartoons, Mr. Harris mentioned, which had been secured from the New York Herald, cost $44 (gold).
Hie Honour remarked that Mr. Harris' plan of claim for damages seemed to be a very fair one, and assuming he found in his favour, the adoption of such a plan would be the better one for the arm.
Mr. Harris-The real question is whe- ther the loss on the production of the paper would be greater than the loss by the non-production of the paper. If the Ioss on the non-production exceeded the loss as a result of the production, then I am entitled to the difference.
A. CHAUFFEUR'S CLAIM.
The
THE HONGKONG DAILY PRESS, FRIDAY, JANUARY 9′Ė, 1914.
5. A. Rasheed . J. H. H. Mody. clainr was for $104, being as to $23, balance of wages for November, 1913, and as to 875 for damages for wrongful die missal. Defendant made a counter-claim of 30, halims of fines deducted from the amount owing.
Mr. Dixon appeared for plaintiff, and the defendant was represented by Mr.
J. H. Gardiner.
1s opening, Mr. Dixon said that the claim for wages W&5 admitted, though defendant said he had a right to inflict certain fines. His friend alleged that plaintiff was not dismissed, but that ho left defendant's employ, and on those grounds he held that Mr. Gardiner should. open first.
His Honour did not agree to this course, whereupon,
PORTUGUESE LADY ATTACKED
illegal in English law, and he now con- tended that the Truck Auts were now in fores in the Colony. It would be an iniquitous, law which said that a mantad could be fined in that way,
TWO MEN COMMITTED FOR TRIAL.
SHIPPING NOTES.
The British steamer Indraharah, bound from Adelaide for England, went aground
INTIMATIONS
GOODS.
At the Magistracy yesterday. Mr. J. B. in the Habret section of the Suez Canal RACES Wood committed two Chinese for trial on the 17th uib, and obstructed the traffic. at the next Criminal Sessions on a charge The ladieburuk, a steamer of over 7,000 of snatching a handbag, containing morey tons, stranded on the Manawatu const The telegram from and various articles, from Miss Mearly in May and remained ashore for Port Said said it would be necessary to Britte, residing at No. 27, Seymour Road, nearly two months. on the Salisbury Road, Kowloon.
discharge cargo before the vessel could be refloated.
His Honour--It is an iniquitous offence to get drank, and a man who has to have such a clause placed in a contract has no right to be a chauffeur at all, if you ask me,
Subsequently his Honour remarked that he could only congratulate Mr. for his client. No doubt plaintiff was a Dixon on the excellent, fight he had made
It was alleged for the prosecution, was conducted by Inspector good mechanie, and if he kept sober was 20 extremely useful servant. He was of which
Prominence is given in London papers the opinion that the man had been veryMurison, that the two men approached
from behind and to a telegram from Vancouver (B.C.) would not pull hitheelf up. The only wall treated, and it was a great pity he the complainant thing he could do was to give judgment matched the bug she was carrying, after stating that the Canadian Pacific Rail- A complaint was way Company is employing Chinese in for the defendant on the claim, with costs. wards making off.
lodged with the authorities, with the the crews of their Pacific liners Empress· result that the two men were arrested. of India and Empress of Japan on the Defendants, when asked if they had grounds of economy. The report is one anything to say before being committed, which requires some modification; how- answered in the affirmative. The first ever, for we notice that Mr. H. Mait- man declared that he came down to see land Kerey, manager-in-chief of the the second defendant on the day of the Canadian Pacific Ocean Service, has_We andurtake to refund the Cost of any robbery. He denied watching the bag, stated that though Chinese were being
CHINESE CUSTOMS RETURNS.
ANOTHER RECORD YEAR.
PEKING, January 2nd. Mr. E. A. Aglen, Inspector-General of the Maritime Customs, reports that the total Customs revenues for 1913 amount to Tls. 43,960,000, which at an average exchange of 3. Ogd, is equivalent
an increase.
Mr. Dixon explained that plaintiff had been engaged by Mr. Mody as a chauffeur at $70 per month, and when defendant purchased a second car, the mau's wages were increased to $75 per month. During November, plaintiff drew $46 in advance to £0,709,479. of his salary, leaving 82 due to him. At-Compared with 1912, during which the previous highest amount was collected, the end of the month plaintiff went and there is a gain of Tls. 4,000,000. Most asked for the amount due, and Mr. Mody ports show told him to come again. When he again Tientsin, Hankow and Canton each show asked for this balance of wages Mr. Mody record receipts and together are respon sible for nearly Tls: 26,000,000. The total told him to go away, that he would not of Chinkiang, Wuhu, Kiukiang and pay him anything, and that he did not Amoy show a falling off. want a chauffeur any more as he was going to England shortly. It appeared, with reference to the fines, that Mr. Mody had said he would fine, plaintiff $10 whenever he was absent. Such an action. was legal in England, though illegal Those Acts had under the Truck Acts.
been amended at Hume, and did not apply to that Colony,
His Honour-I do not know, I often wonder. He also remarked that domestic servants were fined at Home,
Mr. Dizon submitted that his elicat could not be called a domestic servant.
His Honour-Is not a man who drives Defendant was then further cross- & motor car a domestic servant? They examined by Mr. Norrington, At the are usually given quarters and marry the present time, he said, his assets substan-wooks (Laughter.)
He had tially exceeded his liabilities.
Mr. Dixon replied that he did not think always been in a safe financial condition. so, and added that plaintiff had been When plaintiff ceased printing the paper, dismissed by Mr. Mody, though he was bo (defendant) discussed terms with the at work on days when defendant said he China Mail, and the Oriental Printing was not. Company, with regard to the printing of the paper, subsequently coming to terms with the latter.
Mr. Norrington expressed the opinion that defendant could have continued publishing the paper at an carlier date than he did. Ho was three weeks finding a new printer.
Defendant-If you knew anything about newspaper work you would know that a daily newspaper cannot be produced in a few days...
Mr. Norrington-Do you know that I could bring out an eight-page paper in a week?
Mr. Harris-Go into the box, then, go into the box. (Laughter.)
Plaintiff then gave evidence supporting his solicitor's statensent.
During
cross-examination by
Mr.
Gardiner, plaintiff denied that he had ever been drunk while he had lived in the He rever touched alcohol, Colony. neither had he been told by Mr. Mody or his solicitor to "cut out the drink.
Further cross-examined, plaintiff a mitted that he left Mr. Mody's employ because his balance of wages was not forthcoming.
An employee at the Exile Garage, in reply to Mr. Gardiner, said that, he had seen plaintiff drinking, but he had never seen him drunk when on duty.
Mr. Gardiner By drinking I mean drinking alcohol. It has been said that he never drank, and he is a Mahomme- dan. (Laughter.)
His Honour-Of course you did not mean water. (Laughter.)
and said it was the second man,
OUR CONFIDENCE JUSTIFIED.
The increased as stewards and stokers there is Article if any of our Customers are not satisfied, as we know how excellent our Goods are, Chinese crews. no intention of replacing British with
latter gave him the money, asking him to put it in two different places. He then told him to ruu. He (the first defendant) had been walking with the second man Shanghai,the whole day, and ho taught him to do it. The second defendant alleged that the first defendant snatched the bag, but he did not know how he did it. He went to Sayingpun on the Sunday, and on his return found that the first man had been arrested. He went to see him, and whilst the defendant was in custody he was assaulted by a district watchman. After the first man had been assaulted, he said that he (the second defendant) had taken part in the robbery. He denied taking part in the affair.
The Maritime Customs revenues have been sufficient to meet the payment of all loans secured upon them as well as the entire Boxer Indemnity charge for 1913. Reuter
AN INTERESTING CHINESE WEDDING IN PEKING.
His Worship committed the men for trial:
THE CHARGES AGAINST EUROPEANS.
The Peking Daily News reports an interesting wedding in the Temple of Chang Pen-cheng. The bridegroom was Mr. Hsu Liang, who studied for some.. time in Columbia University, and who is now in the Ministry of Justice. His guardian is Minister Liang Chi-chao of Justice. The bride was Miss Liu Bing-
Three Europeans, named Joseph Kelly, yiu, a daughter of Mr. Lin Heian-chu, Chief of the Printery of the Ministry of Lewis John Baxter, and Sam Benhoman, Finance Premier Hsiung Hsi-ling was the first two being unemployed, and the described 19 # share broker, the go-between Mr. Ling Chang-ming, Chief Secretary of the House of Repre- third sentatives, was the Master of Ceremony appeared before Mr. Wood at the Magis Among the protainert guests present were Premier and Mrs. Hsiung Hsi-ling, tracy yesterday afternoon, in answer to Mr. and Mrs. Liang Chi-chao, Mr. Ma 12 charges preferred against them by the Liang, Delegate of the Administrative police. Conference,
The wedding ceremony, says our con- temporary, was very interesting. Before the ceremony proper the bridegroom was conducted to a hail, where he worshipped the ancestors and was admitted to man- houd through a series of the ceremony
handed down from, the ancient Chow Dynasty. The bride and bridgroom were then led to another hall, where the
Premier Hsiung- wedding took place. presided over the ceremony, Mr. Ma Liang, who is a famous orator, delivered a speech on the relation between wife and husband.
The following is the abridged pro- gramme:
1.The Master of the Ceremony took his seat.
2.The Go-Between (Premier Hsiung} took his seat.
3-The guardians of the Bride and the Bridegroom took their seats,
4-Music. The Band of the Chin weichun)
8.The Best-men conducted the Bride and the Bridegroom to their seats.
9.The Go-Between made his report. 10. The Bride and the Bridegroom bowed three times towards each other.
11.-They bowed once towards the Go-
Between.
12. They bowed once towards the Guardians
13They gave one bow to the gentle men, and one bow to the ladies present.
14-They gave one bow to the elders of the family of the bridegroom, and one bow to the elders of the family of the 15.The bride and the bridegroom gave one bow to the relatives of the bride groom, and one bow to the relatives of the bride.
16. Mr. Ma Liang gave an instructive 16-The guardians presented gifts to speech to the bride and the bridegroom.
17. The bride and the bridegroom the new couple. thanked the audience by one bow.
18.-Representatives of the guests gavo speeches.
Ar.. Harris, addressing his Honour on behalf of defendant, submitted that plaintiff could not recover in that action if defendant's story as to the arrange- ments which had been arrived at for the printing of the paper was accepted; also On behalf of defendant, Mr. Gardiner the story with regard to the question of said that Mr. Mody had never agreed to Plaintiff had given type, and the interview on 29th October. pay plaintif 875. Plaintiff's real claim was for 8242,& great deal of trouble, and was intem- balance due on the September account. perate. He had one redeeming feature, Mr. Harris called attention to the erratic however, and that was that he was a good production of the paper by plaintiff, itmechanie. Mr. Mody had threatened to was coming out at any time, though at fine him in the hope that that would curb bride.
Plaintiff had the present time, with the same composi- his intemperate habits. tors being employed, the paper came out never been dismissed.
In the witness-box, Mr. Mody said that That went to regularly each morning. show, obviously, that plaintiff had broken plaintiff was one of the best mechanics! the contract which he had entered into in the Colony when he was sober, but he morning was very seldom sober. On one occasion for regularly producing a paper; there was also improper work, in September plaintiff was incapable of When the paper came out after breakfast driving the car and he was fined $10. At As a the end of the month, however, this time it was absolutely useless.
18. The couple replied. consequence of these happenings, defen. amount was remitted. Plaintiff absented
20 Music (Ton girls sang.) dant repeatedly cut down plaintiff's himself on several occasions in the follow-
21.-A photography was taken. The bride and the bridegroom made account. He became tired of doing this, ing month. Late in the day on one of these and subsequently kept back the $242 occasions witness went to the plaintiff's which was being claimed. And plaintiff,quarters, and he alleged that he there the acquaintance of each other when they in Japan ten years ago. The bride speaks it was evident, had realised that he had found him "lying down dead drunk with were pupils of Minister Liang Chi-chac beautiful Japanese and English. She can Mr. that -And
a write Chinese essays and poems. broken his contract. Referring to bank a bottle of wine by his side,"
Mahonunedan who does not drink Hsu Liang has a very good command of ing accounts, Hr. Harris remarked that
the English language and also speaks His father is his friend did not seem to realise that
(Laughter.)
the Japanese language. a good many people in that Colony over-
the Consul-General in San Francisco. drew their accounts, but they had secarity, and obtained-2 per cent for nothing.
It was, he added, always understood that they should have a month's notice from plaintiff if he wished
man who is often drunk to drive a car? to
stop printing the paper; there was a
Thers-Yes, it is very dangerous. definite agreement to that effect," was an account owing of
of $811 which Was he drank when he drove defendant was ready to pay, but the Mody out in the mornings He was-so- amour could not borecovered in that drunk on one occasion that I had to push claim, because it was not due when the writ was issued.
Mr.
Gardiner
is
Cross-examined by Mr. Dixon, defen- dant said it was somewhat unusual for a person to engage a chauffeur who was frequently drunk.
Mr. Dixon-Don't you think it is n
great danger to the Colony to ctupley, a
him off the car and drive myself.
ra
to
WICK BURGHS BYE-ELECTION. RE-ELECTION OF FORD ADVOCATÉ, The result of e polling in Wick Burghs, which took place on December 8th, was declared as follows:-
Mr. R. Munro, K.C. (L.) ...... 1,577 Mr. A. G. Mackenzie (U.) ... 1,134 Liberal majority
443
The bye-election was rendered necessary by Mr. R. Munro's appointment as Lord Advocate.
The last election resulted as follows:
Mr. R. Munro (L.)
1,518) Sir A. Bignald (U.)
******** 1,304
211 Liberal majority
But don't you think it is a dangerous Mr. Norrington described Mr. Harris defence as an old but ingenious one; the practice to employ a drunken man expiry of a debt before the issue of drive a lady around Hongkong --When Plaintiff had been very badly he was drunk he was not allowed to drive, writ.. treated in the matter, and he contended Defendant added that the fines were not that defendant had acted in an arbitrary put in because the writ was issued,
It was expected that Mr. Munro would He asked for judgment with
His Honour was against Mr. Dixon on facts, and the latter thereupon sub- he returned, but the size of the majority His Honour said he would have to gomitted that it was an illegal act to fine the largest ever recorded in the history of It was the Burghs came as a surprise even to through the evidence again, and be an employee for being drunk.
his supporters. reserved judgment..
Inangor. cost's.
At Newcastic-on-Tyne last month Sir Snok an offer could not to wade if thero) wan W. G. Armstrong, Whitworth, & Co the slightest doubt about our Goods. All we (Limited) launched the large oil tank steamer San Isidoro for the Eagle Oil ask is your inspection.
The Transport Company (Limited). vessel is-548ft. long, 66ift. wide, and
lift. deep, with a tonnage of 15,000. H. She has been built on the Isherwood system of longitudinal framing and will carry oil in 12 holds. Oil will be burned as fuel, and the propelling machinery will be supplied by the North-Eastern Marine Engineering Company, Wallsend, The vessel will have a Marconi wireless
installation..
The Russian mercantile marine, owing
RUTTONJEE
& SON,
WINE AND PROVISION MEROMANTS.
[01
to its slow development, is still unabe MAPPIN&WEBB,
up
to take any large part in international see-borne trade, and continues to confine itself exclusively to the conating trade. With the object of improving matters, the Ministry of Commerce and Industry a Bill proposing to has drawn institute navigation bounties for Russian merchant vessels. Thus reports the on the
Russian newspaper. Embassy at St. Petersburg authority of a These bounties are to be based on the comparative working expenses of foreign and Russian shipping enterprises, so that vessels of Russian nationality will be able to compete on equal terms with foreigu
be achieved by a bounty of a copecks vessels, an end which it is estimated will (about 1d.) per hundred ton-mileage. Russian merchant vessels plying between (a) Russian and foreign ports (b) foreign
tributaries, and (d) Russian ports, (c) ports on the Danube and its
The charges related to several alleged situated on different seas, will be entitled The minimum fraudulent purchases on various dates to receive the Bounty. from the 24th December to the 30th tonnage necessary for any vessel to be December, the goods concerned being eligible for the bounty will be 20 tons, chiefly of silk, leather, and cotton,
Foreign-built ships flying the Russian
His Worship explained to the defen daats that the 12 charges referred to six separate occasions. They were charged with larceny, attempted larceny, and
men went to the places concerned and conspiracy. The first two meant that the obtained or attempted to obtain certain goods without any intention of paying for them. The conspiracy charges meant that they put their heads together to see how they might cheat these people.
borts
LIMITED.
NEW CONSIGNMENTS
STERLING SILVER WARE.
PRINCE'S PLATE
(GUARANTEED FOR 30 YEARS)
CUTLERT.
From the
SOLE AGENTS:
The Court first proceeded with the Bag for less than a year from the date of CHS. J. GAUPP
a Russian port will be registry at ineligible, and it is also proposed to already receiving a exclude vessels Government subsidy.
It is estimated that 1,000,000 roubles
£105,300)
required will be
The
& CO...
ALEXANDRA BUILDINGS.
CHATER ROAD
CALDBECK,
MACGREGOR&C.
charge of stealing three leather trunks and one pair of slippers from Lai Cheung Shun, master of the Sang Mow shop, No. 13, Queen's Road Central. The com- plainant stated that the three defendants and another man came into his shop on (about the afternoon of the 24th ult., and the annually for these bounties, but H.M. third man asked the price of a leather Commercial Attaché for Russia states trunk. After he had been answered, all that no provision is made for such a defendants discussed the price, and charge in the estimates for 1014 of the agreed to buy four large leather trunks Departments of Mercantile Marine and and three small ones, together with four Mercantile Ports, as the Bill has not yet pairs of slippers. The price of all these been brought before the Dumą. goods was $71.50 After agreeing to buy estimates, however, do provide 100,000 the articles they all went away, one of roubles (about £10,500) for hounties for later. He asked that the property should trade in the Pri-Amar region, the men (Kelly) returning half an hour the encouragement of Russian coasting he sent away with him, and so witness allows for approximately 130,000,000 ton- The fokismiles at 0.05 copeeks each, including sent two fokis with him. returned later in the day, bringing back 35,000 roubles (about £3,890) for bounties. four trunks and three pairs of slippers. at the higher rate of 0.75 copecks From what the coolics told him he went per ton-mile for voyages north of latitude, to the Police Station and made a report. 50deg, N. About a week later, he went to the station for the purpose of identification, and then
At the Magistracy yesterday, before LUXURIES a mistake in Mr. Wood, Chan Wing, formerly niced out four men, including the three In the shop
*cash
employed by the Sze Yap Steamship Com was charged with embezzling defendants. Ha made the first defendant said
various sums amounting to $1,920, the regard to the fourth man. delivery." He had not been paid for any pany, of these articles
The fokis employed at the Sang How property of the Company. shop gave evidence, and the case was adjourned.
THE ROYAL HONGKONG GOLF CLUB.
CAPTAIN'S OUP 1014.
First Rund
1
Captain Spicer Mr. S. H. Dodwell I Mr. C. C.-Clarke. Mr. R. Hancock
Mr. J. B. Thomson
Mr. A. C. Davison.
Mr. A. H. Crew
Dr. Gröne
Second Round Captain James Captain Saxton
on
Mr. A. H. G. Jackson Lieut. Bitner Jones! 1st and 2nd Rounds to be played by
Sunday, 18th January.
EMPLOYERS' CLEMENCY,
This
Mr. R. C. Faithfull, appearing for tho Company, said the prosecution did not wish to press the charge, as the man had been is good servant, and he had a wife The thefts and large family to keep. were all in small sums, spread over á period of seven years from the begin- ning of 1907. He asked the Magistrate so deal with it summarily, as the defen- dant admitted everything. His Worship sentenced the man to six months' hard labour.
LONDON SHARE QUOTATIONS.
The following quotations of shares were received by cable from London yesterday morning by Mr. P. C. Potts
£ s. d. Shells (" Bearers") ... Ural Caspians"
January. 3rd Round to be played by Sunday, 25th Mexican Eagles
February. Final to be played by Sunday, 1st Pahangs
Kailans
4 17 6 sellers, 236 buyers, 1 18 0 middle. 1. 176
99 buyers. 6 sellers.
(ESTABLISHED 1804).
FOR THE
RACES
SEASON.
CALDEECK'S COCKTAILS.
V.O.S.
WHISKY.
Dow's HUNTING
PORT.
BENEDICTINE (D.O.M.)
AQUARIUS SODA.
CLUB
CIGARETTES.