Page
SUPREME COURT.
IN APPELLATE JURISDICTION. BEFORD THE CHIEF JUSTICE (Sin WM. RSES DAVIES, K.C), Ms. H. H. J. COMPERTS (PUISNE JUDGE), and MH.
F. A. HAZELAND.
A CHINESE PARTNERSHIP ACTION.
Ho Caiu, alias Ho Yui Tong, appellant,
THE HONGKONG DALY PRESS, THURSDAY, APRIL 1676 1914.
SEQUEL TO CHILDAR PIRACY.
CAPTAIN PROSECUTED FOR CARRYING TOO
GRANNY MANY PASSENGERS.
At the Marine Enurt yesterday, before Commander Basil Taylor, the master of the s.s, Chiller, which vessel, it will be recalled, was pirated when six hours out of Hongkong en roule for Swatow, was charged with having on board more passengers than was allowed by his port
COMPANY MEETING
ST. STEPHEN'S COLLEGE.
ANNUAL PRIZE DISTRIBUTION.
Tho
high, and the very faes that it had been up till now under the management of THE CHINA BORNEO CO., LTD.
such a man as the Rev. Mr. Barnett alone justines me in forming a very favourable abor was held at the offices of the Com
The 11th ordinary yearly meeting of the
anual prize distribution of St.
opinion of its reputation. I remember pany, St. George's Building, yesterday Kwai Pur Hall at the College yesterday that I sincerely trust that it is as good Stephen's College was held in the Lai the time the College was instituted, I Mr. J. W. C. Bonnar presided, and those The Bishop of Victoria presided, and its name. If it is as good as its name have seen it grow, and all I can say is also present were:-Sir Paul Chater, Mr those also present included H. the General Manager (members of the Co-Eliot, Mr. E A Irving (Director of A. E. Griffin and Mr. W. G. Darby, Governor and Lady May, Sir Charles
of the College), Revs, A. D. Stewart and CB Shan, Rev. Brother Petor, Dr and Mr. Sanders, Captam Alison A.D.C), and Mesors W L Patten des And S. W. Tso.
tant point raised in the report is ne it is very good indeed. The most impor
. Ho Sau Lam, alias Ho Ngok Lau, clearance, which entitled him to carry sulting Committee); and Mesars, W. P. Education), Archdeacon Barnett (Warden concerning the desirability of instituting |
respondent. This was a motion for leave
Mr. Lewis, (of Messrs. Johnson, Stokes and Master) defended on both counts,
fifty persons, The China Stoam Naviga- to appeal to Privy Council from a decretion Co., the charterers of the vessel, were of the Full Court dated 4th April made also charged with unlawfully and know in the action in favour of the respondeatingly consenting to the same.
Ir. Eldo Potter and Mr. F. C. Jen- ki (instructed by Mr. Otto Kong Sing and Mr. Leo d'Almada) were for appel-. lant, and Mr. E. . Sharp, K.C., and Mr. C. J. Alabaster (instructed by Mr. Beavis, of Messrs. Wilkinson & Grist)
represented the respondents.
Lance-Sergeant Moody spoke to visiting the Cider ab am on March 15th, and ascertained that the ship was due to set sail at 10:30 a.m. the same morning. At 20 o'clock he returned to the wedo wand remained alongside. The vessel was then returned at 12.30, and found the ship had working cargo. He went away and
In the original action, arising out of a partnership action, the Chief Justice duided in favour of the appellant. This judgment was subsequently reversed by the Full Court, though the Chief Justice
Inspector Gordon stated that at p.n. dissented from this decision, and the ap-on the 16th ho boarded the Childar nt pellante now appealed for leave to apply West Point anchorage, and the master to the Privy Council on the reversal judg-reported to him that a piracy had been
Mr. Potter, in applying for leave to appeal, remarked that the majority of the paragraphs in the petition were his torical, and the judgment of the Full Cuart was also set out. There was, he alded, no question as to the value of the property.
The Chief Justice-You merely make this appeal as a right
Mr. Potter said that this was so and alw handed in a formal verifying aflänvit· Ho asked for leave on tho usual terms as to security for costs,
Mr. Alabaster said he understood that
the usual terms were that the other side should pay their (the respondent's) coste, on the usual undertaking.
Davies, K.C.
THE $85,000 CLAIM.
of
Mr. Lewis observed that there was an
alternative, and that was to refuse to take the extra passengers or delay the boat until the following Monday, at
Jupp, H. W. Kennett, W. Russell, Taptista, A. W. Gibb, A. M. da Silva T. Forrest, and C.-C. Shark.
The Secretary read the notice convening the meeting, after which
Tho CHAIRMAN said--The report and
In the course of his report, the Wardon
rooms
examina
In
very
day.
INTIMATIONS
BROKE OUT ON
LEGS AND ARMS
Ailment Started with Feet and Wrists In Biebs Like Small Swellings. Would Itch Some- thing Awful. Cured by Cuticura Soap and Ointment.
38, Brank St., Halifas, Eng-"My {" mcstated with my feet and wrists first, then it gradually broke out up my logs
and arms and I also bad It on the pit of my stomach. It broke out in hleba. Uko small swellings about a big
nis à six-penco and they used to Itch something awful, more a. at night slmo Now and apat tump the stie of a shilling would rise on my shoulders and body and legs and itch terribly, then go at ngain. I sufferod aighteen nionths. Sing the adver tisement of Cuticuro Bonpand Ointment I tried them and I found that the first tablet of Capleura Soap reloved :, so in al Ţ had three tablets of Caticura Scep en ons hax of Colicara Olaiment which cured me." (Signed) F, Glover, Mid-33, 1012.
Not only are Cuticura Soap and Ointment Inder valuable in the treatment of eczemas and other distressing eruptions of skin and scalp, but no other emollients do so much for pimples, blackheads, red.rough skins, #tching scaly scalps, dandroit, dry, tin and falling Hair Cuticura Soap and Obitment soldovery. wher. A
A sample of each with 32-p. book. free from nearost depot: Nowbery & Sons,
27. Charterhouse &.. London: R. Towns & Co... Sydney, N. 8. W.; Lennon, Ltd, Cape Tows; Miler. Maclean & Co., Calcutta and Bombay Potter D&C.Corp. Doston,U.S.A. Tonder-face men should shave with Cultura Soap Shaving Stki: Sample free.
[06.8
& CO.,
WATCHMAKERS
·AND
JEWELLERS.
the left (Sir Charles Eliot) and those certain additional examinations at the University, and I may say that my friend
associated with him in the management of the University are already taking these subjects into consideration. The report | accounts of the Company, together with said that a review of the cleveith goce on to touch on another point regard the auditor's certificate, have been in your history of St. Stephen's College was suggesing permission to attend lectures andor hands for some days, and with your ton of raner and change Now class certain conditions. The point is not permission we will take them as read. Tears had been added, kitchen, corsared, play quite clear to me hates really desired. am glad to say that the Company's opera providing both better accommodation and and I would suggest that if the College than they have done for some time. It The total number on the roll had been 245. Charles Eliot on the subject, and I have tions for last veer show a letter result moved anitation. During these twelve authorities have a proposal to make on months 83 how students had entered College that behalf they should addres Sir is a pleasure to us to be able to recommend been so full as during the past term, and no doubt he will give the matter his very The House, with 42 boarders, had never the payment of a somewhat larger the Boarders Usion, constituted on self sympathetic consideration. dividend without interfering with our governing principles, had contributed con- concludes with a sentiment which I The report policy of making liberal provision for siderably to the discipline and harmony of depreciation. You will note that we friction among story was worth mention to it that in addition to the cultivation the whole House, This freedom from thoroughly endorse, I would like to add committed after he cleared from Hong recommend the formation of a fund to ing, seeing that Chinese students were of righteousness I would that the Chinese kong with a clearance of 50 passengers insure our fleet of launches and lightere. Kwangtung, and Kraugs, from the far would cultivate the practical power of
attracted to the College not only from On returning to Hongkong without Wo hope to be able to make additions to western having reached his destination, he had 130 this fund from time to time, and by this Yunnan, from Fukieu and the north of
provinees of Szechuan and mutual confidence. I know many Chinese passengers, which number was 40 in excess means to gradually eliminate the con
Shanghai, but also from Australia, Singa
in this Colony-I have of the clearance.
pada siderable amount we now have to pay field as Poru. In July last, Eve candidates but I can truthfully say that I do
pore, Borneo, Java, Cuba, and even as far great respect for many of them In answer to Mr. Lewis, witness said annually by way of premium. I fool rassed the Senior Oxford (two of whom not know two men who really trust the Harbour Ofoe was closed on Satur confident that this recommendation will gained distinction in Classical Chinese), day afternoon and the whole of Sunday, have your approval. Some time ago we of these also obtaining distinction).
eight the Junior, and five Preliminary (one each other.
er. It is an
It is an extraordinary and er admitted that the captain ex-devided that it would be desirable to make addition to these candidates sixteen others
characteristic of the race. You can find plained to him that other passengers came certain altorations in the method of examination. passed the
University matriculation amongst Europene here men who trust aboard on Sunday morning, and that keeping our accounts, more especially at hver energetic under the Chairmanship of as much confidence in their friends as they they wore not able to clear the ship.
The Sports Committee had each other so implicitly that they hare our branches, and as a result of this you had all received attention.
Mr. Britton. Swimming, tennis, football will not a considerable increase under ment of the University was acting as a will trust the judgment of a gentleman The establish have in themselves. In fact many of them the heading of management and office healthful tonic to the student life in Hong friend more than they will trust their CHS. J. GAUPP expenses.
kong. It had been their endeavour to pass This is due to all the on to the University during the first fifteen own opinion. It is a peculiar Chinese administration charges at our branches mouths of its life as many undergraduates characteristic this want of mutual con- The leave to appeal was granted on con-
Witness added that the information con- being for the first time shown in full in as posible. No less than or dancefidence-but I can assure you that the dition that the usual rules should be com cerning the clearance had been in the cunts. You will also note from the its lecture halls (of these 22 were now want of it is evidenced every
the College had qualified for entrance to plied with
possession of the authorities ever since auditor's certificate that the accounts kept studying Engineering, 16 Arts, and twa Chinese would carry more weight outside the ship had returned, but there and been at our branches are subject to local audit audiçine seven had gone abroad or to busi- their own country, and they would man BEFORE THE CHIEF JUSTICE, SIE WN. RES no charge made until the present one before being went here. The improvement directions the University might encourage age affairs in their own country for
ness), It was, however, felt that in two He had told the master he had committed, an offence, but he never went any further, to which I have already referred in the the school still further to concentrate their better, if they could cultivate the power er gave information which would lead the Company's balance sheet is not due to efforts upon increasing the number of under-of working together with mutual trust master to expect that any charge would any social cause. Towards the end of tions junior to matriculation; and, secondly, and confidence We have been reminded
graduates: Jirst, by offering schools be preferred. by do would last year there was a moderate recovery by providing a senior or higher examination passengers and they totalled 115,
Det-Sergt. Pinout said be counted the of the timber market in China; we have in some respecte more difficult than the to-day that Mr. Barnett is about to resign, had no local losses to provide for, and in the year a change in the Waitlenship of have no doubt all those here will regret present matriculation examination. Earlier his close connection with this College. I
quite technical and asked for only a headway, in finding fresh outlets for our of Warden and Secretary of the Church
Mr. Lewis submitted the offence was we have continued to make satisfactory the College was announced. This change the step that he has been obliged to take. had become necessary because the dual duties We are glad, all those of us who are formal conviction.
timber. When, improvement is due to a Missionary Society in South China could no interested in this institution, that he will Capt. Neilssen, the anastor, said he did number of causes, there should be a longer be filled by one man with justice to still be at hand with his raluable advies. not know there were more than 50 pas-reasonable prospect of its being main the Rev. A. D. Stowart, M.A.. would become the claims of either office. From to-morTow
val assistance
£1 personally sengers. Those who came on board were tained. Before moving the adoption of Warden (Applause) The growth and interested in the gentleman who is to supplied with tickets from the Company's the report and accounts I shall be pleased success of St. Paul's College under Mr. succeed bim, We have the honour of cffice ashore,
to answer any questions.
Stewart's leadership affords ample justifica being fellow countrymen. In fact, as you tion for this appointment, and he can he assured of a warm welcome from both staff say in China, we are "fellow-villagers. " and students,
His family, besides the reputation which The BISHOP OF VICTORIA said that it has gained in China, is one of extremely Archdeacon Barnett bad touched in his good repute in Ireland. I am a 6rm modesty all too little on the success of believer in good blood, and this family St. Stephen's College during the eleven is of a good old stock to which one can years of its existence. When he originated well look for good opinions, it at that time it was one of the pioneer Stewart's uncle and I were at the same educational institutions of its kind in the day school together langer ago than I world. Sineo then it had obtained a care to remember, and if Mr. Stewart, is reputation that was, he supposed, world anything like his uncle in character-and wide. Its success had lain very largely I am sure he inherits the family character in the fact thub it and had at the head to the fullest degree-then he ought to of it a man so devoted to it as Archdeace a fake a worthy successor to a very worthy Barnett. (Applause.)
predecessor, He was
(Applause.) I wish - the relinquishing his office at the College. and College everyý success and prosperity so they thought the College was passing under his guidance, and I trust that it through a critical time. They had on tes will not feel too severely the loss which Council of the College a number of it is sustaining in the loss of Mr. Barnett. Chinese gentlemen who took the keenest (Applause.) interest in it, and when the resignation" of Archdeacon Barnett was announced it was those gentlemen who said that they felt quite certain that the man to succeed the Archdeacon was the Rev. A. D. Stewart, who belonged to a family whose name was a household word in China He welcomed His Excellency there, and said they regarded him as a candid friend, and he hoped that he would tell them what he thought about them, and would encourage them if he thought fit, (Applause.)
The Great Western Smelting Co. San Francisc. T. P. Marques of Macao. This was an action in which plaintiffs claimed 885,152, being balance due under a guarantee for the payment of $200,000. given by the defendant that Messrs. Arndt & Co., Hongkong, would pay the amount.
Blt. E. H.
There were no questions, and Tho CHAIRMAN thereupon, moved the
Yung Ling Kew manager for the Company said he originally gave instruc tions for 60 pasengers, and at that time he had only sold 23 tickets. On Sunday adoption of the report and accounts." morning several Chinese brokers came to him, with the result that he issued 235 tickets, of which 12 were returned when the vessel sailed
until this morning..
The Magistrate reserved his decision
CHARGE AT THE MAGISTRACY,
Before Mr. J. B. Wood at the Magis: tracy yesterday, four Chinese (three men and woman) were charged with being. concerned in the piracy of the Childor
Inspector Gerrard said that the Childar had gone to Bangkok and they could do nothing until her retairn. He asked for a week's remand.
Potter (instrup K. C., and Mr. Eldon by Mr. Beavis, of Messrs. Wilkinson & Grist) were for plaintiffs, and Mr. E. H. Pollock, K.C., and Mr. F. C. Jenkin (instructed by Mr. Leo d'Almada) was for the defendant.
The Chief Justice decided in favour of the plaintiffs, and Mr. Pollock now applied for a stay of proceedings pending the bearing of the appeal referred to in another notice of motion. In that case, he added, the respondents to the appeal, who were plaintiffs in the original action, were parties who were out of jurisdiction, and therefore he would submit that it was obvious that the amount of the claim should not be paid over and paid but to them, they being out of the Colony. The amount which plaintiffs paid into Court previously as security for costs should also remain in Court. With regard to the tapnis of the stay, if it were granted he would of course be quite willing, before the appeal came on, to pay into Court the amount of the judgment claim, or securities, to the satisfaction of the Regis trar for the amount of the judgment claim, and costs, the taxed costs. He His Worship expressed a desire to know mentioned securities as an alternative to the facts of the case, and the Inspector cash being paid. If money was paid into anid that the female defendant had a son, Court it did not carry any security at who would give evidence as to meetings all. The amount of the judgment was at his mother's house in Yaumati in con- somnothing like $85.000. That was a big nection with the piracy. He took the sum, and the question of interest on that police to Macao and there pointed out amount came in, which was a most import some of the gang. Property, stored in ant consideration. As regards the ques some pawnshops, had been identified by tion of taxed costs, and the costs of that the informers, and in all probability it appeal, he wanted to be quite fair. If would be identified by the compradore of the other side desired it, instead of that the Childar. The only one of the defen- amount being paid into Court-lhe taxed | dants who was inspected of being on the costs it could be paid over to the San Childer at the time of the pirney was the Francisco Company, with the undertaking second man to refund. As regards the money paid His Worship accordingly remanded the into Court as security for the plaintiff case for a week Tespondents for costs, that sum, he sub- mitted, should, remain in Court
wat bending the appeal. As to the 883,000 he submitted it would be reasonable to give them a fair time to pay that money, and perhaps permission would be given for them to pay that amount into Court a fortnight before the appeal came on. Seeing that the Court of Appeal would be sitting in June, that would mean that they would pay the amount in within six weeks. Again, in view of the fargeness of
the amount, he did not think it unreason able that his Lordship should be asked to make an order that instead of paying cash they should put up security as satisfac tion. His offent
lient would rather put up security.
CORRESPONDENCE,
BERMONS ON STONES."
(TO THE EDITOR OF THE HONGKONG
DAILY FRESS,**
ний
Hongkong, 15th April, 1914. Dear Mr. Enton-Keep it up! Keep it hit up Cer them logo, both the Lion and the Unicorn, and allow them to ramble all around the town.
Mr. T. FORREST Seconded, and this was unanimously carried. --
Mr GRIFFIN proposed the re-election of the Consulting Committee, along with
Mr. Bonnar. A
Sir PAUL CHATER Seconded, and this was agreed to.
Mr. F. Maitland is auditor to the Con Mr. GIBB proposed the re-eltetion of
pany at a remuneration of $200. per annum
of
Mr. O BAPTIRTA Seconded, and this was approved.
This was all the business, and the CHAIRMAN thanked the shareholders for their attendance, remarking that the dividend warrants were ready and could be had on application at the office on the
morrow..
FLEET PAYMASTER DISGRACED.
HARD LABOUR AND DISMISSAL FOR DESERTION
..
AND FRAUD.
now
SURVEYING INSTRUMENTS
THEODOLITES AND LEVELS.
BY
E. R. WATTS & SON, W. F. STANLEY & CO., LTD.,
LONDON.
CARL ZEISS. JENA.
Representatives.m MMAPPIN & WEBB,
LTD..
LONDON.
HIS EXCELLENCY then presented the awards to the successful students.
A hearty vote of thanks was accorded His Excellency and Lady May for their
attendance.
ALEXANDRA BUILDINGS.
CHATER ROAD.
CALDBECK,
(ESTABLISHED 1864).
34
In the evening a social gathering took MACGREGOR&Co. place at the College for the purpose of saying farewell to the Ven. Archdeacon Barnette and a welcome to the new Warden (Rev. A. D. Stewart) An entertaining musical programme was gone through. those contributing being Mr. and Mrs. Turnbull (pianoforte duet), Miss Stewart (songs), Mr. F. A. Britton (violin solos), Mr. MC Clare (song), Mrs. Turnbull
THE OLDEST FIRM OF WHISKY
At Portsmouth on Wednesday, March 25th, a naval court-martial sat for the trial of Fleet Paymaster George Harold Coles. of the Hampshire, against whom six charges were preferred namely, of wil fully disobeying the command of his superior officer, Captain Marcus R. Hill, of deserting from the Hampahare on January 25th last at Colombo, of fraudu lently converting to his own use £1,083 of public money, of stealing £469 10s. between December 3rd and January 28th last, of altering a date in a cash book with intent to defraud, and of withhold-
£319 95, ing from Captain Hill & meipt for
money
which had been given him to remit King who
Mr. G. H. King, who appeared for the accused, intimated that he was prepared and shows much progress--and satisfac by Messrs. Tso See Hon, Fung Shiu 1. V.O.S. to plead "Guilty to the charges of tory progress on the part of this College. and Wong Hing Lam, and Mr. Luí Chai wilfer hisobedience of desertion, and the My Lord Bishop has taked me to take ang contributed a Chinese story. In the converting to own use £1,063, Mr. Sharp remarked that any amounts Don't let him go! For goodness, prosecution would withdraw the others.
the part of a candid critic, but I must course of the evening Mr. Chau Hei Miu, which were paid into Court in such cases gracious sake don't let him go, keep bîm The accused, in a statement made to the remind you that really I know nothing one of the "past boys" of the College, also carried interest, at the rate of 8 per at it, as long as he can write such a Court, said he got into financial dificul about this College, except from hearsay presented the retiring Warden with a cent. Upon these terms he was prepared perfectly balanced and delicious mixture tres ant through speculation, betting or to withdraw the objection which he could of sense, and nonscase as you have server riotous living, and by the time the ship If you remember, the Government passed handsome silver rosebowl and a shield legally make to the application for their up thess last two or three days. t arrived at Colombo in January last his a little Ordinance which might have given both of which were inscribed:—-“ Present- taking security in lieu of cash. HeTalk of Carrols, Christmas Carols or liabilities amounted to roughly £600. agreed to the course suggested by his
us the power to gain an inside knowledged by the students of St. Stephen's College learned friend so long as his clients were any old Carols, we just love them when When he found that, despite his most not prejudiced in a pecuniary sense He ever they come, even if in the form of strenuous efforts to obtain money from of what the work is in this College, hat to the Venerable Archdeacon Barnett,
April 15th, 1914. " wanted a course adopted which would not buns adorned by a mighty croes (is it various sources to make good the amount the authorities of the College came to white pecuniaet spelled with ankanda capital he was out, he could not do so, he com- the conclusion that they would rather bo position than they would be if the money him go. We
Rough Anyhow, don't let pletely lost his head, and justead of facing
welcome him with matters as he ought to have done. he be outside the scope of the Ordinanca. I do was paid to them direct.
Mr. Pollock's application was sub open arms and fain would hold him in came obsessed with the idea of flight, a not wish to criticise their decision, but acquently granted on the understanding a fond embrace whilst sitting at his owning act of a madman which he had at the same time I am a very practical
regretted ever since. He took the £400 that the usual rate of interest, & por ceat foets Did you say six ? No, I've only with him This money had been person--I am afraid there is not mA MAT HOME"; to Mimbers of the
Sir HENRY MAY said: -It affords me a peculiar pleasure to come here to day on account of the peculiar circumstance and Mr. Wei Wing Lock (piano solo) + BLENDERS IN THE EAST. under which we meet. The report that Mr. Wan Chiu Fan (recitation). A we have heard read is a very good one, I selection of Chinese music was aleq given
Really your sermons on stones tave given one to heath, dopite the study murky, foggy atmosphere prevail ng
should be paid on the money paid into had two just enough to make me recovered." Court, and one month is to be allowed impatient for more.
Yes, I think The Court, having found the charges for the security for the 885,000 to be put intervals of about twenty-four hours will proved pentenced the accused to up. The money already paid into Court do nicely Yours,
months imprisonment with hard labour will continue to remain there pending the
and dismissal with disgrace-from-his Majesty's Service-The Times.
appeal.
THE SHRIMP
KOWLOON BOWLING GREEN
WHISKY
AND
CALDBECK'S
LIQUEUR
WHISKY
ARE TWO OF THE BEST KNOWN.
BRANDS OF No. 1 WHISKY CLUB
THE Members of the above CLUB will be CONSUMED IN THE EAST. KINDRED CLUB and litir Lady: Friends on Saturday, leth April, at 3.30p.m.
P. J. TAYLOR
Hoa Secretary.
Imagination about me and I cannot criticise unless I have solid facts upon which by base an opinion. That the College is in a satisfactory state I have very little doubt. Its reputation stands. Hongkong, 16th April, 1014,,“
SEND FOR FREE SAMPLE.
121