Page
SUPREME COURT.
Wednesday, 20th May..
IN ORIGINAL JURISDICTION.
DEALS IN LANGKATS, E. Basto v Li Kia Tong. The claim mounted to $19,048,32,in connection, with a transaction in Langkats.
THE HONGKONG DAILY PRESS, THURSDAY, MAY 21st. 1914.
DISASTER.
distant this swing would prevent you sceing them?Yes, it would probably
Would you think that a reasonable ox- planation ?—Yes
them up and witness then told defendant SEQUEL TO THE TAI ON» that if he could not take up the shares he would be obliged to sell them, and defendant agreed to that, and he pro creded to sell at the market prin. Ho found it very dificult to find a buyer. on settlement day, but he eventually ENCAPTAIN OF LINTAN FINED: CAPTAIN should hope so, but of course. I don't did so
OF THE ON LEE EXONERATED.
FAILURE TO RENDER ABSISTANCE,
his instructions, he had purchased these 100 shares. The third document was a confirmatory memorandum, which was attached to the bought note" for signature by the purchaser, and that was BEFORE THE CHIEF JUSTICE, MR. H. E. J. returnable by the principal to the broker.
GOMPERTZ.
Then there was also the sold note sent by Mr. H. M. Basto, the seller's broker, to his principal, which read in the same way as the bought note"-"1 have that the practice was that the broker had Mr. J. R. Wood, John Jones, of the Ta
Replying to Mr. Alabaster, witness said At the Magistracy yesterday, before to-day sold," and so on. The remuining to take shares himself if they were not shan, and Owen Hughes, being thon time of this transaction, and when the document related to the others. At the taken up, and he sold them at one. masters respectively of the intan and four continets were made, defendant
en the fr
Mr. Alabaster-If the broker not On Lee, were charged that they did us was follow the custom of accepting ability lawfully neglect to render assistance to no doubt generally looked upon as
would it be possible for him to do divers persons on board the Tai On substantial person. He had had previous business here at all? share transactions with Mr. Basto, and
found at sen in the Canton River, off the island of Ki Au, in danger of being lost. hi" made good on all of them. ??
The Becond contract was dated 28th May and
Hodgson) prosecuted, and Mr. P. S The Crown Solicitor (Mr. F. M. related to a similar tranenction; all the
Dixon (of Messrs. Wilkinson & Grist) contracts were in fact ade under the
appeared for both defendants. same circumstances, Defendunt required.
The Crow bollo de ud the two de
The statement of clain mentioned that in April, May and June, 1913, the plain LINE, the defendant's instructions, entered into contracts to buy at certain prices 400 shures in all of the Maatschappij Mijn Bosch-en-Landbouw Exploitatie in Langkat, whereof 200 shares were for delivery against payment at the June settlement and 200 shares wore
for delivery ut the July settlement. ⠀ Defendant
·Con
All
a
Mr. Basto replied that if a broker failed to make good his contracts he would never do any more business in the market; no other brokers would deal with him.
Mr. Alabaster-Such a broker would
Stockbrokers Association, and if he was nmber he would very soon case to be a member --Yes.
When these contracts were entered into before the June settlement you looked upon defendant as a substantial person 1
YCH,
You had had previous dealings with His Lordship then asked whether or
in that case,
ships and there were really two charges, but he took it that his friend had no objection to the two cases being tried together.
Mr. Dixon-1 have no objection. course, the two deferees are entirely 'tinct.
Of
dis
The Crown Solicitor, in opening, said that, happily, cases of this description were exceedingly rare, both here in this Colony, the East, and at Home. It was
I think you have no doubt that if Captain Hughes knew the straits you wero in he would have turned back and rendered all assistancó
know, "
possible I
As regards the Zentan, what did you
should have stopped his ship and sound expect her to do?
What do you think the Captain should have done?-He out what was really the matter with
e
you were being pirated. Do yon tank
Yes, but the Master of the Lintan knew- no should have lowered a houl --No, to, certainly not. He should have coine really the inutter, and I could have tola within hail and found out what was him to stand by.
pussed some time before the ship was In answer to his Worship, Captain
are. The Linten did not stop, but went Wetherell said that the Lintan fichy Lift
straight on to Wongmoon to get a gunboat.
The Crown SolicitorWho
told You The Crown Solicitor-I am afraid that is not evidence. I did not open about this, but if it is raised as a detence I am prepared to prove, if necessary, that the for assistance. Lantan passed a gunboat and did not ask
Mr. T. D. McCartney, the Chief Engineer on the Tat Un, said he saw the until the ship was pirated. At that time lights of the On Lee all the way along she must have been between 15 and 20 along quite close, and observed people minutes ahead He saw the Litan pass rushing to the rails, and looking towards them. They seemed to be in a panic. He
burnt at the time on the Tas On Thu yards away. Blue lights were being Linten took no notice, and passed on.
ing 300 shares. Thereupon the plaintiff Mr. Silva: Or that settlement day it not the Keswick Ordinance did not apply only natural that they should ba rare, would think the Lutun was about 200
arose.
Mr. Sharp contended that it could not apply because the Ordinance only related to Companies in Great Britain or in
Company was a Dutch Corporation per British possessions; and the Lagkat
defendant has raised that Ordinane, or forming in Sumatra. Furthermore, hat eppeared to raise that Ordinance at an early stage of the case, but he did not appear to rely upon it in the pleadings. Probably he was instructed that i did not apply. ̈
INTIMATIONS
REDNESS, BURNING AND ITCHING
On Chest and Back. Came Out in Open Bleeding Sores. Pain So Severo Could Get No Rest. Cuti- cura Soap and Ointment Cured. -
70, Krowsley Rd.. Norwich, Eng="My complaint #arted over flats months ago with recluse, burning and Itching on chest
and back. I went is a chomist whimppifed us with soap aani ointment but Instead of "It getting better as I hoped. both chat and back camo out in open bleeding sores. "Iy pain was no seropeo I could get no rest at night I continued the remedies, the troublo was śranti an badan Three weeks ago I saw the Cutiena ad- vertisement, and sent for omple of Cuticura Soap and Ointment. I washed tie attected. parts with wac.in water and Cutters Soay, then and tho. Ointment. From the first timo of usluz, the smarting reased. · When I had issed Sotople I sent to the chemist for somo mere and now thanks to io Ontlara romedics I am completely cured. Fio Boop I shall always as I much prefer it to any others I have tried. The oatment I shadi keep in the boss in caso
to caso I bear of anyone
else requiring ft.*. (8igned) Miss 3. Sher ringlon
· Merris, ~
, July 3, 1912. "Cutleurs Soap and Ointment sro
sto Rold throughout the world. A single snt is often sufficient. Eample of each withs 32-p. book free from nearest depot: F. Newbery & Bous, 27. Charterhouse By. London; R. Taps & Co.. Sydney, N. 8. W.: Lennon, Ltd, Cape Town: Muller, Maclean & Co. Calcutta and Bombay; Potter D. & C. Corp., Boston, U.S. A.
25-Tender-faced man shoukt shave with Cuticura Soap Shaving Stick, sample free..
[96.24
firmed in writing his order for each to buy and instructed Mr. Basto to buy never be admitted a member of the fendants in this case were on different that Captain Jones... purchase of shares... Defendant refused! at the price quoted; the second 100 were and failed to pay for and tako delivery bought at the market price of Tls, 9 of 200 shares at the Jums settlement, The principal was the same, in each and whereupon plaintiff, at defendant's the documents were all confirmed. request, arranged to carry over 100 of the four contracts, he reminded his Lord- the shares to the July settlement, and ship, were made before the June settls the plaintiff was obliged to pay the ment. On the day before settlement day vendor for the loss on the remaining 100 Mr. Basto sent out the usual settlement of the mid shares of the July settlement of account, to the defendant, to Mr. E. Defendant again refused and failed to M. Basto, and also to a eccond seller's' | him —Yes.
for and take delivery of the remain- broker, an outside broker, presumably
was obliged to take up and pay for the was known for the first time that Li Kin
that a ship would not render assistance too, because it was hardly conceivable said shares and re-sell them at market Tong was in default all round, Plaintiff, prices, and he gave defendant notice after he had forwarded his settlement
when able to a ship in distress. For that thereof. The transactions were carried account, saw Li Kin Tong, who did not
reason this case was undoubtedly of some was fired the On Lee must have been
Mr. Dixon-At the time the first rocket nut in accordance with the usage and not do so until the present proceedings In fact he did
importance and of rather a serious minutes ahead of your t-Roughly about question his liability. practice of the Hongkong Share Market,
nature. If it was satisfactorily proved 20. and the plaintiff claimed to be indemnibut said he could not take up the shares,
these ships did in fact neglect to render hi is probably correct-Well, I supposə Defendant admitted his liability,
to his Worship that the Masters of was nearly four miles away at the time, Su that when Captain Hughes says he hed and remunerated by the defendant and instructed plaintiff that with regard
assistance to the conflict to the der he would be, yea in respect of the said transactions, and to the 200 shares he was making arrange
cumstances in which the Tai On WIR to be reimbursed for money paid to the ments with regard to 100, which he
placed on the night of the 27th April, and Captain of the On Lee was that he knew
This closed the case for the prosecution CHS. J. GAUPP use and at the request of the defondant (Counsel) did not think he need go into
they had no reasonable excuses to offer, nothing of the matter on the Tai and to be paid for work done to the Defendant was trying to make arrange
& CO., aniourit altogether of $12,046.32.
monts with another broker to look after.
he thought the onus would be upon them Mawan Light, and that he saw
that he never saw the Tai Or past the Mr. Sharp, K.C., and Mr. C. G. 100 shares, and be asked Mr. Basto to Sharp's view and gave judgment for facts of the case were to a certain extent prove that the On. Lee was about the time
His Lordship concurred with Mr to show why they did not do so. Alabaster, instructed by Mr. Johnson carry over the other 100 shares to the plaintiff with costs, certifying two familiar to his Worship through other four miles ahead of the Tai On, and that
The rockets, and heard no firing. He would WATCHMAKERS (from the office of Messrs. Dennys & July settlement, which plaintiff dis. Bowley) appeared for plaintiff; bat With regard to the other 100 defendants and an expert witness, Mr. sources, but he would just deal shortly bridge of the On Lace, to set rockets break- it would be impossible, standing on the defendant was not present, nor.
Smyth. Another order was also sude. with one or two things which would have ing overhead on account of the permanent said he could do nothing, they would legally represented..
Plaintiff in this action was sed: to be brought forward specifically. The awning. Had lie known anything of the Mr Sharp explained that up to the Two more lots of 100 shares were connection with an action arising out at about 7 o'clock, the steamship On Lee as it was he knew nothing. In addition have to be sold; and they were sold. previously in the Summary: Court in Tai O left Hongkong on the 27th April plight of the Trin he would have previous evening he had understand that purchased for the July settlement, so that of the share transaction, and in stis Linten left a little later, and, apparently, man on board and of bridge, who would turned back and gone to the resens, but defendant would be opposing the claim
left a few minutes afterwards, and the he could call the evidence of an English- strenuously, but they had now heard that
although duc notice had been given. Basto again sent the settlement They had received no formal notice of counts'; including that of the vendor'g to remain in the custody of the Court after the Tri O was piruted, which was defendant's intention not to appear, but brokers, who at that time were the pending decision in this present action.just off the island of Ki Au
was h
there were 300 shares which Li Kin Tong
Mr. Dixon said that the defence of the
no
E did not propose to appear in the case. ought to have taken delivery. of. Mr. faction of the claim Mr. Basta paid into must have passed the Tai On, but she say they neither saw nor heard anything |
comm
out
AND
JEWELLERS.
men who were on the bridge, who would SURVEYING AND NAUTICAL
INSTRUMENTS.
Court a sum of money which was ordered remained in sight all the way until suspicious.
IN CRIMINAL JURISDICTION. BEFORE ME. F. A. HAZELAND (PUIENK JUDGE);
AN EMBEZZLEMENT CHARGE,"
for
SUN GLASSES.
Captain Hughes gave evidence bearing out his solicitor's statement, and, in it was apparent that he did not intend firm of Raymond & Logans Mr. Basto His Lordship now made an order
The in answer to the Crown Solicitor, said to do so. At the last moment, as late had bought from Raymond & Logan. On this sum to be paid to plaintiff, subject was some little way behind-the hat he could swear that nobody on his ZEISS PRISM BINOCULARS.
ovidence would show clearly how for. It lights.
boat informed him that they had seen the as the previous evening, he understood settlement day Mr. Basto, while in the to the previous order being proved.
Ho was prepared to swear thet was when just about abreast of Ki Aube was in total ignorance of the fact that that a bankruptcy petition had been filed company of Mr. H. A. Lammert, who was
that the Tas On was pirated. There was the Tai On was in distress. He would against defondant. He had
an outside broker, saw Li Kin Tong and
treat deal of commotion on the vessel have gone back at once had he known, municated with the Official Receiver, who asked him whether he was prepared to
aluting and shots. The Captain and and stood by. Chief Officer and Chief Engineer were had no objection to the action proceed take up the 300 shares. Defendant again
The Crown Solicitor said he was pro- SILVER AND PRINCE'S PLATE. vigorously defending the bridge when pared to accept Capt. Hughes' explana ing. He had also informed the Official did not question his liability, in fact he
they had the satisfaction of seeing the tion as far as he was concerned. Receiver that they would not clain costs admitted it. He said he was not in a
Lintan coming up from behind. His The case was concluded in which U ImWorship might conceive what a pleasant justified in accepting it.
His Worship-I think you will be quite incurred after the filing of the petition position to take up the shares.
Mr. Lai, a former partner in the Tai Fung and all on board, except, of course, the drew In conseqence of defendant's actios Basto then said he would have to sell, firm, was charged on four counts with pirates The officers fired off rockets and Hughes and he was discharged.
sight it must have been for the Captain The Crown Solicitor accordingly with- summons against Captain and the instructions then given were that embezzling and misappropriating two burnt blue lights, and waved them to the Lurdship as long as it would have been he was to sell at the market price. Plain sums of $3,000 and $1,500, the monics of inten. In fact the Linton was go near he could call Captain Jones, who, he MAPPIN &
Regarding the Lintan, Mr. Dixon said on a settlement day, but he eventually did firm, on divers dates since October megaphone. It must have been for b said, knew perfectly well that a piracy painful sight in the face of this attack was going on and thought the beat thing sell them and now claimed the difference 9th, 1909, Prisoner pleaded not guilty, between the contract price and the selling Kemp) prosecuted for the Crown, and without taking the alightest notice, or close it, and he thought it best to The Attorney-General (Mr. J. H. upon them for the officers on the Tai On to do was to go on to Wangmoon and get price Mr. Basto had, in fact, paid for Mr. F. C. Jenkin (instructed, by Mr, attempt to render assistance.
to see the Lintan calmly going past 4 gunboat. There would have been danger to his passengers had he stood all the shares, and all along he had neted Leo d'Almads) defended.
Lintas proceeded on her way, and left proceed and warn & gunboat under the instructions of Li Kin Tong
themselves. those on board the Tai On to battle for. Captain Jones deposed that, noticing He would call Mr. Basto.
1
would not detain his
Tecessary had
defence been
put
up, bat he thought that as a question of law was involved it was only right that at should explain the dealings in detail and also call the evidence of the plaintiff The facts of the case were very simple There were four contracts for the purchase of Langkats between the plain. tiff and the defendant, the foriner having acted as the defendant's broker in the mutter, defendant
latter then
tiff, found it difficult to sell the 300 shares
Several more witnesses were called for the prosecution.
Mr. Jenkin, in the course of his address to the jury, held that it was absurd to promissory note in the way he did when, suggest that the prisoner dealt with the
if he was in need of money, he could have gone to the bank and borrowed the cash
that Captain Wetherell asked his
The
the
to "go to the
Representatives
WEBB.
LTD..
LONDON.
ALEXANDRA BUILDINGS.
CHATER ROAD.
CALDBECK,
(ESTABLISHED 1864),
BOLE AGENTS FOR
&
the CANTRELL
They must have heard the that the Ta Un was considerably out of Mr. Basto, in the withess-box, said that
actual firing going on on the Tai On. In her course, he surmised that pirates were he was now a inember of the Stockbrokers'
fact the evidence would prove that all on board the vessel. He heard no rifle the passengers and crew on the Linton shots, and continued on his course.. Ho were watching the Tas On as they passed. declared that he was never nearer to the thus being the Association, but at the time of the principal. He asked his Lordship to con- dealings he was not." Defendant came to
Rockets were more or leas bursting over air, but so reports of small arms. He They were lined up on the side in a state u than two miles. He saw the sider one for all the contracts, because the him on the day mentioned asking him to
the heads of those on the Linton, and the could see the Shen Lee and Shin On of great excitement and commotion. rockets, and heard the explosion in the sane principle was involved in all four. bay 100 Langkat shares for June at the The first was dated 23rd-April, 1913. On market price of Tis. 69) On the me
blue lights were burning clearly, showing this date the decendant called at the day witness made arrangements with In regard to the second note, he asked that the ship was in very great distring coming down, and he reported the matter plaintiff's office and informed him of his nuvilter broker, Mr. H. M. Basto, to if it was possible to stiggest that the passed the ship out of any want of Wangmoon, and get assistance there. He MACGREGOR&C.
He could not conceive that Captain Jones ashore. He thought it best to go on to to them, saying that the Tai Ou waS
desire to purchase Langkats, asking for sell him the shares, the latter acting for prisoner pretended to pay the bank and humanity. He could only assume that surmised that pirates had pirated the Tai a price for the June settlement. The Mr. Rumjahn in the transaction. Also then went back to the firm with a forged that did not excuse him from a very quered the Europeans, and had run the he must have lost his head. At any rate, On as they had the year before, bad cou market price on that date for the June on the same day he sent a memo to the note which would have to be examined serious error. The case of the On Ler, vessel into land. When he got to Wang settlement was Tis, 821 Mr. Basto defendant stating that he had purchased by an accountant. It was absurd. The unless the Captain had some really moon he found there was no gunboat informed defendant of the price, and the the 100 shares, and he received a con- story had been fabricated to such an nature, because oven although the 7tan
reasonable excuse, was also of d
there. He thought the best thing to do instructed plaintiff to firmatory letter in reply from Li Kin extent that it had been discredited, was coming up from behind which as was to fetch a gunboat and ask the ships umchtse 103 shares for, huu. Plaintiff Tong. On May 29th defendant again there was not an atom of truth in ne uglar to live one, hunner cover assistance of the Tet On- then proceeded to buy the shares forth
came to witness office and wanted to buy although a “full” statement of accounts lights. Every ship should render assist object of giving information to the
peculiar circumstance was that he ought have back and rendered
The Crown Solicitor-What was the assistance, if he saw the rockets and blue with. purchasing them from another broker, Mr. H. M. Basto, who was a June. The broker in this case was a
ho was
another 100 Langkuts at Tls. 59 for had been kept, showing the firm's gains auce, no matter how many others were other ships coming down the river, and relative of the plaintiff but did not Mr. Silva. Inquiries were also made and losses, the loss alleged by prisoner's at the sens of the happening, and it the Ta On, when you thought it was not there. There were strong tides running ahouting to them to go to the assistance of rule on the local Stock Exchange, as it was by defendant about Langkets for Julvlieged theft bad not been included. might be that a seventh bbat arriving necessary for you to go to her assistance?RY belong to the same firm. It was a general all over, the world, he believed, that where and witness agreed to buy 100 for him and they also found that all the other would rescue people whom the other half-I thought I would get assistance to
dozen might not be able to. In these days come down. there were two brokers employed, by the at Tis. 50, which he obtained from Partners of the firm latt at the same of wireless telegraphy they had it pretty You could not have hoped to get assist prisoner was supposed to have clearly shown that where a ship sent out ance down for four hours! Yes, but buyer and the seller, the name of the with Raymond & Logan on behalf of left the Colony That was a viry 4 wireless message for assistance, not one she would have had, assistance from the principal of the selling broker was not
or two, but others getting information boats coming down. A RA bobowy Moditendant, buying another 100 Langkats peculiar happening to a thriving assisted, buttholers getting infor ecessarily disclosed.
know The Crown Solicitor If a gunboat Smyth, who at the time these con- for the July settlement at Tis. 573. By this business. The only man to remain in the perfectly well that there might be a dozou tracts were made was Chairman of the time, witness had bought 400 shares; 200 Colony was one who did not accept ships on the soone before they could hard come down four hours after the FOR THE FIRST TIME, BUT LONG
arrive. That was the advantage of wire- pirates. I am afraid you made Stockbrokers Association, would speak for each settlement. The day before the ability, and he had not been called. Hr. less telegraphy, but it was going to be of error of judgments
no use if Captains of ships receiving the
FAMOUS AT HOME AND IN THE as to the rules of the Association. June, settlement, he sent out the usual Jenkin characterised the story for the
His Worship pointed out that the When Mr. Busto parchased the shares settlement notes, and on the same day he prosecution as fabrication and imagia call for assistance took no notice of Chief Engineer of the Tai On said the COLONIES
Captain R. H: Wetherell, the Master of Linton passed along but 200 yards fire documents were necessary and met the defendant, who gave him an order on The firm had go to rack and the fan Os, was first called. He related Captain Jones smerted that way. they were included. One was the entry to deliver 200 shares to another broker. | ruin, it had been mis-managed, and the the course of events on his trip of this of transactions in plaintiff's own book He sold 100 at the market rate and partners ran away, and when they come and blue lights to attract attention. No regard to the distance he had given. He ON THE MARKET.
7th April, and deposed to bring rockets long mistake, though he admitted AROMATIC
that he himself might be mistaken in. and all the five documents bore the same carried the other 100 over to the July they said, By George, this is very bad piracy. The rockets could be seen four was on the bridge the whole time, the face to face with the financial position
reesel came to his assistance during the date. The second his reference to the settlement, making 200 in all for July, we will lay it at the door of this or five miles away in fine weather. below. He did not, see the latter all PER DOZ. PINTS “bought note" sent by Mr. Busto to the He again sent out the usual settlement The case for, the prosecution depended about the construction of the On Lee, the time. He did not consult with the Chief Officer and Chief Engineer being who had the handling of the money
Witness was questioned by Mr. Dixon defendant, and was more important than accounts for July, and then subsequently upon the story of two absconding debtars upon which the witress had served for a Chief Officer about the lights. The latter the first. In this Mr. Busto mentioned met defendant on acttlement day. Witness, who came into Court five years after period of five months as Mate, and he came up about 20 minutes later, that he had ascertained that it was Mr. who was in company with Mr. H. Awards and said that the prisoner stole said he knew there was a permanent His Worship What made you think Kumjahn who had sold the 100 shares Lammert, an outside broker, told defen the monos awning over the front part of the bridge there would be a gimboat at Wangmoon?
The jury found, prisoner not guilty on Mr. Dixon-If
Raymond & Logan. He had aucther deal
time that
great
COCHRANE'S
GINGER ALE.
NOW EXPORTED TO HONGKONG
AS THE FINEST
GINGER ALE
$3.20
SPLITS $2.60
through MH M. Basto, and also dant he had 300 shares waiting for him all charges, and he was accordingly the bridge of the Were standing on-Well, there sometimes is, and Bone- SEND FOR A FREE SAMPLE
informed defendant that, according to Defendant then said he could, not take discharged:
Lee and rockets were times not. I being ared behind you about two miles
(Continued on page 6.)
}