TELEGRAMS. HONGKONG
DER OSTASIATISUHER LLOYD"
SERVICE
CHINA SERVICE.
TWO HUNDRED MUTINEERS SHOT.
PEKING, July 2nd.
Two hundred of the mutinous soldis of the First Division, by sentence of a court-martial, wore shot at Sha Ling Tie, near Kaigan.
RETURNING OFFICIALS.
PESING, July 2nd- Mr. Ariga, Legal. Adviser to the Pre- silent of China, returns to Japan next Tuesday, and Mr. Goodnow to the United States in August.
HORSE BREEDING IN MONGOLIA.
PEKINO, July 2nd
The Chinese Government intends to establish a large stud farm at Chaher
Inner Mongolia.
EUROPEAN SERVICE.
GERMANY AND CHINA.
· BERLIN, July 1st." The Frankfurt Guzelic points out how Germany bad refrained from taking up concessions due to her by right of Treaty for building two railway linos, and had ceded them to New China to finance them herself, thereby showing her own high condence in the future development of
-China:
THE SITUATION IN ALBANIA.
BERLIN, Joly Tat
The Albanian Premier, M. Turkhan,
sent to aid the Prince, or, alternatively, either, armed intervention by the Great Powers or a combined Austro-Italian
LEGISLATIVE
COUNCIL
A meeting of the Hongkong Legislative Council was held yesterday at the Council Chamber
The following were presout:--- HIS EXCELLENCY THE GOVERNOR, SIE FRANCIS HENRY MAY, K.O.M.G.
H1B EXCELLENCY MAJOR-GENERAL F. H. KELLY, C.B. (General Officer Commanding Troops)
Secretary).
Hon Mr. CLAUD SEVERN (Colonial
Hon. Mr. JH. Ker (Attorney General).
Hon. Mr. E. D. C. WOLFE (Colonial: Treasurer).
Hon. Mr. A. F. CHURCHILL (Director of Public Works).
Hon. Mr. E. R. HALLIFAX (Secretary for Chinese Affairs)
THE HONGKONG DAILY PRESS, FRIDAY, JULY 9an, 1914:
SUPREME COURT.
Thursday, July 2nd.
IN SUMMARY JURISDICTION.
BEFORE ME. FA. HAZRLAND, PUISNE JUDGE.
ALLEGED · LIBEL.
lines, which are mentioned in the agree referred to in Article 33 relates to feeding. ment as public motor car service, railless trolley car service, tramline light railway or other public means of transport." It seems desirable that an Ordinance regulating this tramway should also con tain provisions with regard to feeding lines available to carry on the services and with regard to the purchase by the Government of the undertaking at the end of a certain number of years. I should say the amendment to Article 2395, Mosque Street, v. G. Martini, import Jose Maria Xavier, mercantile assistant been accepted by the promoters, but they and export merchant, of 10, Queen's Road and the amendments to Article 33 have
amendment to Article 24. Theg to move, have taken some exception to the proposed Central. The claim was for 81,000, being therefore, 88
as to 8125 thereof for one month's arrears an amendment to the
of salary and, as to the balance for damages for wrongful dismissal from the defendant's employment as representative of the export department of the delen dant's business, and for libel contained in the Chinese newspaper called the Tran fan Fat Po on the 9th of May and other dates.
original motion, that Council approve the draft laid on the table on the 2nd July, The COLONIAL SECRETALY seconded, and the motion was agreed to.
G
of harm. N
dismissed six months afterwards. It was, he hald, utterly absurd to dismiss a man for inschriely six months afterwards. In fact it was abominable to dismiss a man in May for insobriety in November. When plaintiff was dismissed without any reason he was-offered $144,70 for money. due and one month's salary in lieu of notice. He said he would sign this under protest, but Mr. Bena, the manager, would not allow him to do so. The notice in the newspaper had done his client a good deal
the first time he had words with Mr. Bens In the witness-box plaintiff said that was on April 8th. There was then a sinks in a shipment of 100 picuis of pea only £50 and the amount shoulil have been nuts for the N.Y.K. The NY K. charged
100 or over He called Mr. Bena's attention to this and suggested that he should sen the NY. and have the mistake rectified. At this, he alleged, the manager got into a temper and told him not to mention a word to anyone, at the same time remarking that he (Xavier) bad nothing to do with it at all. He (plaintiff) | told Mr. Bena that it was not fair, and N.Y.K.
HONGKONG GYMKHANA CLUB.
ENTRIES FOR THIRD MEETING
Gymkhana which takes place on Satur
Following are the entries for the day, the 11th inst.
Chief,
Tadeem, Matchlock, Rosario, Monarchi
GYMKHANA STAKES. Roman Dahlia.
ONCE ROUND HANDICAP (to be divided. into A and B classes). -Nigerian Chief,
Cilgwyn, Mallard, Sevington, Reliance, Fickle Bird, Flying Kangaroo, Unity, Mascotte, Matchlock, Monarch Dahlia,
Lorenzo, Valsalini, Pegasus. Amur Ra, Goode Hop, Dunin, Fluke,
Hattersley Smith; Liout. McGillewie, TENT PEGGING. Capt. Coa and Capt. R. N., and Lieut. Pope, R.N.; Mr. Lawder and Lieut. Wyndham Quin, R.Nj-Mr. Elwes and Mr. C. C. Clarke; Mr. Blason and Mr. Swire; Capt. Hatfield and Mr.. Rawlinson.
POLO PONY SCURRY-Armourer, Shang- hai, Wincanton, Buttercup, Sniff, Fletil- la, Magpie, Joy,
Hou, Mr. C. Mol. MESSER (Captain not be proceeded with at this meeting Mr. Russ (from Mr. Gardiner's office) the mistake was never pointed int to the Mr. Beith, Mr. Hickman, Capt. Coe,
Superintendent of Police).
Hon. Mr. VEI TUK, C.M.G. Hon. Mr. H. E. POLLOCK, 'K.O. Hon. Mr. E. A. Hewer, C.M.G. Hon. Mr. E. SHELLIM
Hon. Mr. D. LANDALE. Hon. Mr. LAU CHU PAK.. Mr. M. J. BREEN (Clerk of Councila). VINUTES.
ESTATE DUTY ORDINANCE. Hon. Mr. HEWErr-Sir, I beg to rise on a point of order. I see against the next itemy on the agenda a star, renting will Unofficial members have had a few meet ings on the subject of the Estate Dat Ordinance, and I have been asked by the senior unofficial member, (Hon. Mr. Wei Yuk) to request that this Bill should not be dealt with before six weeks, and the Government may be asked, for an exten- sion of that time. I think the reasons are obvious, and if unofficial members are asked to state their objections they are, Prepared to do so.
Consideration of the Bill was deferred His EXCELLENCY-Council stands ad journed king die.
The minutes of the previous meeting as requested. were confirmed.
PAPERA.
The COLONIAL, SECRETARY, by command of His Excellency the Governor, laid on the table the following paper:--Report on the Assessment for the year 1914-1915
FINANCIAL MINUTES.
The COLONIAL SECRETARY, by command the table Fhancial Minute No. 36, and of His Excelloney the Governor, laid on moved that it be referred to the Finance
Committee.
The COLONIAL TREASURER seconded, and the motion was agreed to.
FINANCIAL.
The COLONIAL SECRETARY, by command
the motion was agreed to,
The COLONIAL TREASURER secouded, and
FINANCE COMMITTEE.
A meeting of the Finance Committee was then held, the COLONIAL SECRETARY presiding. The following vote passed:-
was
BAN WATERWORKS EXTENSION... The Governor recommended the Council (84,000) in aid of the vote Public Works, to vote a sum of four thousand dollars Extraordinary, Hongkong, Water Works, Shankiwan Water Works Extension.
The CHALAMAN-The original estimate for this work was 840,000, and up to the The amount that lapsed to the Treasury end of 1913 30,404 has been expanded.
odd, and there was provided in this year's by the work not being finished was $7,000
THE MAGISTRACY.
was for plaintiff, and Mr. R. C. Faithfull defended.
jury 149
as representa-
The following special empanelled-Messrs. W. L. Pattenden, E A. Ram and A. S. Hooper..
The statement of claim mentioned that on October 31st, 1913, plaintiff
was employed by the defendant. tive of the defendant in the export department. He was to receive a monthly salary of 8125 and a commission of 10 per cent on the net annual profits of the defendant's export business. On or about May 5th, 1914, defondant wrongfully determined plaintiff's employment and refused to employ him. On or about May 9th, 1913. and on other dates the defendant falsely and maliciously wrote and printed printed and published, in the current issue and had published, or caused to be written, of the Fun Wan Yat Po, a Chinese paper, in Chinese, of the plaintiff the words of which the following is a translation: different firms. This is to notify that this For the information of exporters of firm heretofore employed a Portuguese
Replying to Mr. Russ plaintiff said he had never been told to be at the office at 9 a.m. He denied over having be intoxicated in business hours. He remembered attending the Chinese dinners with the other employees.
...
ų
LA LES NOMINATION-MP. Thos Seth,
Clarke, Mr. Carr, Mr. Gedge, Mr. Lient. Pope, R.N., Mr. Swire, Mr. C) C) Fergusson, Capt. Hatfield, Mr. Elwes, Mr. Blason, Lieut. Moves, U.S.N., M. Rawlinson Mr. Aston.
ONE AND A QUARTER MILE HANDICAP ton, Lorenzo, Cilgwyn, Roman Chief, Reliance Fickle Bird, Rosario, Beving. Nigerian Chief, Amna Ra. Monarch Dunin. Dahlia Mascotte, Valsalini Mallard
TYPHOON WARNING.
Did you have any drink then - No more than the others.
I do not think it is possible to go to (Laughter)-No. a Chinese dinner without drinking? I was sober to
His Lordship-Were you sober --Well, (Laughter.)
certain extent: Mr. Russ-Were you in the same condi tion as the whole of the company --Yea
Plaintiff added that he had never charged a secret commission, and heutory reported a cyclone or
At 9.m. yesterday the Manila Obser-
Considered that the newspaper notice was
hoon N. of Yap, moving W.N.W. likely to do him a lot of harm. he had never been drunk in office hours.
In reply to Mr. Faithfull plaintiff said
INTIMATIONS
& CO.,
AND
Mr. Faithfull-We do not say you wereTM
M. Faithful, addressing the jury, said drunk. It was the after effects; you wore sleepy and nervous and no good for work. the chief reason for plaintiff's dismissal CHS. J. GAUPP was that he failed to send off a letter by supposed to have done. He allowed it the Italian mail at the time he was
the office at 1 p.m., the mail having gore to remain over until the following mora. ing; and he pat in an appearance si at 10a.m. That morning he also arrived WATCHMAKERS
then that he had nothing more to do drink, used high words towards Mr.
with the firm. Mr. Chozi had to push plaintiff out of the godown, and when he arrived at the office he was discharged and was offered money in lieu of a month's notice, which plaintiff refused. The noties in the paper was merely for
plaintiff came to the office sleepy, intended to the plaintiff. the protection of the firm. No harm was SURVEYING AND NAUTICAL
Mr. Bena, the manager, said that the nervous, and shivering, and he could do nothing. Everything he did was done wrongly
has accused Essad Pasha at Home of of His Excellency the Governor, laid on
ng the difficulties in Albania and the table the Report of the Finance Com estimate 83,000, so that the actual amount named Sai-Fi-Ya (Xavier) to look after late at the godown, was the worso fo bas requested that European troops bemittee (No. 8), and moved its adoption, required to complete the work is $3,951.80, the exportation of goods on our behalf, Ghezzi, an Italian clerk, and was told
but the vote was charged at $4,000 to be on and that he is dismissed from to day. In the safe side.
future all persons dealing with this firm in the exportation of goods must make satisfactory agreement with the Com pradore Department of this firm before At the
the Magistracy yesterday, before the transaction can be regarded 25 Kent charged a Chinese with snatching guese obtains samples of goods or orders Mr. C. D. Melbourne, Acting Inspector having actual proof. If the said Portu a Chinese woman'a car-ring in Queen's goods outside by means of this firm's Road West on Tuesday last. It appeared nare, it shall have nothing whatever to
occupation. The Russian diplomats. desire the removal of the Prince and the giving to the Commissioners of Control wider powers with a neutral or a militia
army..
An Albanian Agent has arrived at
Athens to confer about the candidature of a Greek Prinos.
CRISIS AT DURAZZO.
BERLIN, July 18t The troops of Bibdoda have returned to Alessio, which they plundered, and Darazzo in again threatened.
Sig. Alcotti has conferred with the Marquis di San Giuliano at Rome and it 18 uncertain whether he will return to Durazzo.
THE HONGKONG (SOUTH) DEVELOPMENT SCHEME. The next item on the Agenda was the Attor cy-General-WEE following motion in the name of the
That this Council approves the draft agreement laid on the table on the 4th of June, between His Excellency Sir F. H. May, K.O.M.G., Governor of Hongkong,
A CONFIRMED SNATCH-TRIEF,
JEWELLERS.
INSTRUMENTS.
for and on behalf of the Government ofthat the woman, seized the thief, and do with this firm. Western Calendar eth Replying to Mr. Russ witness said ZEISS PRISM BINOCULARS.
the same (who and whose successors in office are hereinafter referred to as the Governor of the one part, and Messrs. Dennys & Bowley, solicitors (who and whose assigns are hereinafter called the Promoters) of the other part, with regard
called out for assistance. A lakong who was riding along in a riesha jumped out and arrested the man. The defen- dant admitted to his Worship that he
to a scheme for the development of a bad twice previously been convicted of
May 1914: Notified by Ma Tin Le (Martini) Foreign Firm,
the defendant intended not only the By the said words, the claim said that
portion of the South of the leland of snatching ladies ear-rings, and that he customers of the defendant but also the Hongkong, on condition that the promo had been banished For returning frota public to understand that the plaintiff
sarry out the sobome, "
OPIUM UNDER THE LAI-CHI
plaintiff had never been really drank in the office he was sleepy and nervous. It drunk, you know, was the after effects.
Mr. Russ-Well, that is not being Witness He was under the influence of liquor.
SUN GLASSES.
drink or was he in drink I cannot say
His Lordship-Was he affected by the SILVERAND PRINCE'S PLATE-
of £50, said he had no business to do Mr. Russ then asked why witness, when plaintiff pointed out the mistake that, and became excited. Also why he (witness) said it was not necessary to complain 1-ile was always interfering. plained to you and be then pointed out MAPPIN & WEBB. to you that you had paid £50 less than you should have done -He was always business of his. interfering in things which were no
That was the brat time he bad com-
ters furnish to the Government satisfac tory proof of their financial ability to banishment, defendant was sentenced to had been guilty of gross misconduct and twelve months hard labour and 12 dishonesty as employee of the defendant The ATTORNEY-GENERAL-Sir, the pointstrokes with the birch, and for the theft in such a way as to make it lawful for the raised at the last meeting of the Council labour, the sentences to be concurrent. defondant to dismiss him, and that he he was sentenced to six months hard by the Hon. Mr. Landale have been considered by the Government, and it is
was lawfully dismissed without notice Acting on certain information, a by the defendant on that account, and thought undesirable that any sole or
Chinese detective watched for a man in that he was a dishonest and untrue Queen's Road West who was supposed to exclusive rights of supplying electricity be in possession of prepared opium. person, and that he would, and was likely or gas should be granted to the promoters. The suspect came along, swinging on to, obtain credit or goods by fraud from It is therefore proposed to ask the Council ordinary small fruit basket, on the top the old customers of the defendant, that of which some vivid complexioned, juicy- Queen Wilhelmina, during an address to approve the agreement only with looking lai-chi were displayed. The he had embezzled money and stolen bonest in business1-Just so
certain alterations which I propose to detective stopped him, and found 60 property of the defendant while in his at the barracks at Rotterdam, ealogized explain shortly. A new draft agreement, the blushing fruit. Inspector P employment, and that the plaintiff was witness had not properly understood that taels of prepared opium concealed under O'Sullivan prosecuted the unlawful possessor of the drug, and the case was
*** MEN OF ÛRANITE AND STEEL.”
BERLIN, July 1st..
the late Colonel Thomsen and referred to his meritorious services rendered to Albania. Her Majesty also spoke of the offers fighting in Albania and Dutch East Indies as being men of granite and steel.
THE BOSNIAN TRAGEDY."
BERLIN, July lat
Count Berchthold, Austro-Hungarian Minister of Foreign Affairs, has had a conference with General v. Hotzendorff (Chief of Staff) and General von Krabatin, Minister of War, regarding request to be made to Servia to aid in the uncovering of the conspiracy The Sorvian Government has publicly declared its innocence and-promised the strictest surveillance
against
spects.
and
measures
MONTENEGRO AND SERVIA IN
ALLIANCE...
BERLIN, July 1st. The Figaro confirms the report of a Montenegrin Servian Alliance under the patronage of Russia. The proclamation of the union, it says, has been postponed
an account of the assassinations.
RUSSIA AND THE BRITISH OIL INTERESTS IN PERSIA.
BERLIN, July 1st: The Russian Press urges
urges renewed Russo-British agreements on the Persian
oil question after the pattern of the Anglo-German agreement about Asia Minor.
ITALIAN GENERAL'S DEATH.
BERLIN, July 1st. General Pollio, Chief of the Italian Staff, died from spolexy.
marked on the back 5th draft agree ment," has been laid on the table, and if hon, members will be good enough to refer to that I shall be able to explain shortly The principal one is in Article 24. The what the alterations now proposed are. old draft of that article read as follows: "The promoters shall have the sole right during the term of 25 years to supply electricity and gas within the areas over which they have an option. That gave a monopoly which it is now thought proposed to insert instead the following andesirable to grant. It is thermore
remanded.
THE FALLEN, CLOCK, Z
an
article which appears on the new draft manager of the Home, and realised also
The Government shall during the said term of 25 years grant to, the promote
He tried on that occasion to keep you His Lordship remarked that he thought question. ⠀
then said that he objected to his clerks The question was repeated and witness making such suggestions.
As long as your clerks make suggestions which are likely to lose your Arm money that way. you object 1-Everything I object to
Representatives
LTD..
LONDON.
BUILDINGS.
CHATER ROAD.
ALEXANDRA
CALDBECK,
Re-examined by Mr. Faithfull, Mr. Bena said that since Xavier had left the firm they had done three times more export business, at botter prices. The firm, he added, was not actuated by malice in insorting the notice in the paper.
Replying to a juryman, witness said MACGREGOR&C. that Xavier's place had been filled by two men from Europe
Carlo Ghezzi, second to Mr. Bena, spoke to Xavier coming to the West Point Godown at 11.45 on the morning of May
not such an employee as any man would and should employ. For this plaintiff claimed 8875 damages for wrongful dis- missal and $123 arrears of salary. Inspector McHardy prosecuted unmployed Chinese on a charge of
The statement of defence said that stealing a large clock from the Soldiers defendent denied having agreed to pay and bailors Home, Wanchai. It plaintiff the annual commission which the appeared from the narrative of the prosecution that the man went into the
latter said had been agreed to. It was appropriated the clock, to give him a bonus of 10 per cent. fashion under his arm when he espied the business. Defendant also denied wrong- carrying it off to a most affectionate on the metal profits, of the export
that the manager had seen him. He fully determining the plaintiff's employ made a holt down the stairs, stillment and said that he was justified in all reasonable facilities to enable them to footing, causing his descent to be some dismissing plaintiff from his service for
clutching his treasure, but missed his supply electricity and gas in the areas
what hurried, and certainly painful At the following reasons:-(a) For dis over which they have an aption: provided the bottom he becanie hopelessly mixed obedience of orders in not attending at that nothing in this article shall be deemed un with the works of the big clock, and the office at 9 am, on May 5th, 1911, and 5th He was not sober, and, following to confer on the promoters any sole or before he could extricate himself he was coming in at 1.30 p.m. instead. (6) That the instructions given by Mr. Bena, exclusive right to supply electricity or caught. The clock presented a very he was gility of insobriety during witness told him to go to the office gas: provided also that the maximum battered appearance when produced at business hours, and (e) for inflating the immediately. At this Xavier became rates at which electricity or gas shall be the Magistracy Inspector McHardy, price of goods purchased by the defendant angry endeavoured to prevent witness supplied shall be subject to the approval in from time to time of the Government,
answer to his Worship's anxious from customers by charging them the examining the peanuts and to induce the enquiry, said that before its full with commission and for receiving commission coolies to stop work. He also used bad Consequential on that, Sir, the proviso the defendant the clock was quite in good from such customers. As to the notice in language and put his hands up to fight. to Article 23 must be deleted. That order. Defendant was sentenced to one
the newspaper defendant admitted that Lam Kee Shun, a general broker, said article gives to the Government power to month's hard labour and four hours'
he inserted such notice in the paper he paid Xavier $31 in respect of each of sanction the laying of cables, mains, pipes stocks.
referred to, but denied he acted two 500 shipments Xavier had asked and wires over the promoters' option
A STOWAWAY FROM MANILA.
maliciously in so doing, and that such him not to pay the compradore's com areas, and the proviso was to the effect that such wires, cables and mains should William Herbert Hardeman was charged (defendant's) business, and the statements but to him (Xavier)
Before Mr. Wood, an American named notice was for the protection of his mission to the compradore's department
not be used within any areas over which with stowing away on board the Empresa set out in such notice were true in the promoters had the sole right. Sole of Russia at Manila. Defendant told the substance and in fact. Defendant denied right", disappears under clause 24, and Magistrate that he wanted to get to the that he intended the said notice to hear that proviso becomes unnecessary. There United States. Inspector Gordon said the amaning alleged, and that plaintiff 24. The first of these two is the insertionment in Manila and stowed away. The tion or had suffered any damage by reason are also, Sir, two amendments in Article that Hardeman became out of employ had been injured in his credit and reputa of the figures 10 so as to make Section 10, shipping Company could not land him of the premises pola feder as well as Sections 11 and 12 of the Ordin in Hongkong, neither could they and Mr. Huss explained that none of the ance there referred to, apply to the main him in America, so they were forced to reasons for dismissal mentioned in the The jury retired, and upon their return tramway which is contemplated by this prosecute. The case was remanded until staternest of defence were given to the found that defendant was not justified in agreement, Sections 11 and 12 of the this morning.
siefendant at the time he was dismissed. dismissing plaintiff without notice, and Peak Tramways Ordinance deal with the procedure in case of the insolvency of the
THE FILIPINO EXTRADITION CASE They were only thought of and com- considered plaintiff was entitled to two In the case in which the extradition to municated to plaintiff afterwards. It months' salary in lieu of that, · ́ As regards Tramway Company, and also provide for Manila of a Filipino, who was arrested was claimed that one of the reasons for the alleged libel there was a majority of The purchase by the Government of the in Pottinger Street, is sought by the plaintiff's dismissal was insobriety in two against one that the newspaper notice. undertaking after a certain number of American authorities on a charge of business hours. The only occasion apon did not constitute-a libet.. years. Section 10 refers to the procedure embezzlement, Inspector Terrett informed it would be proved that plaintiff His Lordship intimated that this meant to be adopted in case the promoters should Mr Wood that he understood from the was anything Hut sober was an November cease to carry on the undertaking of the American Consul that there was great 10th, 1913, when he attended a Chinese tramway in which case the section would difficulty in getting anyone up from dinner at which all the employees were give the Government power to determine Manila to identify the defendant. He present. But that took place ten days their rights The other amendment I would have to ask for a short remand, After his client joined the Brat and he is
and this was granted.
Addressing the jury his Lordship said they had five questions to answer. Was defendant justified in dismissing plain- tiff? If not, what damages do you assess 1
the defendant is not justified, what Is this a libel! If it is a libel was defendant justified? If it is a libel, and
damage are you to assess
that the jury found there was no libel, *** Judgment was then given for plaintiff for $250, minus 15 which had been paid
to him as advance on his salary. He was also allowed general costs, but no order mangazi to the costs fer libel.
(ESTABLISHED -1854).
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