serious crime, for he thoroughly believed and understood he had a perfect right to, do what he had dune. Although it was mentioned three or four weeks before being married again, so sure was he of his case, that he had a perfect right to get married that he never even attempted to take any steps whatsoever.
His Lordship stated that so far as he could recollent according to the depositions the pri soner said when in Hongkong that his first wife was dead.
The prisoner: That is what we agreed in the first place, ray Lord.
His Lordship That is all, against your argument.
The prisoner: That is wim we agiced in the first place. When we agreed not to take any action against que another we agreed upon
bat,
The Attorney General remarked that of curse he was unable to say how far the state. ments of the prisoner were correct. The man's first wife, who was ruined by these proceerlings, was not present, and of Fourse, the might have a very clear tale to tell. The facts, however, ware simple and clean. The prisoner, who wa formerly in the Royal Engineers, stationed at Hongkong joined the forces in 1885 and was attested in March of that year: The second arriage was not until December, roo. There fore, he must have been of years of age three months after joining the R. E. when he made the second marriage. He was married in England on the 14th July, 180, or five years and three months after being attested in the R.F. I was pretty clear therefore that he could not have been a minor when he married.
THE HONGKONG TELEGRAPH, SATURDAY, JANUARY 18, 1902.
that really the sule question for his Lordship to ship came to the conclusion that the Fadus was, decide, in the first instance at any rate, would be in the vicinity of the fishing junk on the night whether such a collision us alleged occurred at in question he would accept the statement of the all. That was to say whether there was any plaintiff that it was the Indus which sank the collision between the plaintiff's junk and the injunk. In that case he would give a verdict
favour of the plaintiff.
dus at the time and place alleged. The evidence was naturally contradictory. Two sets of witnes ses swore to entirely different stories, and the two sets of evidences could not stand together. It was for his Lordship to decirle, on considering the whole of the evidence, which party he believed. In the first place he pointed out that the onus of proof in the case rested on the plaintiff, and it was not for his client to prove that no collision occurred, but for the plaintiff to satisfy the court that the collision did occur. If there was still some reasonable doubt existing as to whether the Indus was actually in collision on the morning of the day named the benent of that doubt must be given to the defendant com- pany. It was not, he said, solely a question of money, but there was a serious allegation brought against the captain and crew of the steamship Indus, and set out in the statement of glaim, to the effect that after colliding with the junk they deliberately did not slacken their speed but cantinued on the course making no attempt to assist those on board of the junk, That was an allegation of inhumanity on the part of the captain who felt it very strongly in deed. It was a serious matter and one that should be taken into consideration. Turning to the evidence, Mr. Hastings said that the most important point in the case was to fix as near as possible the position of the junk at the time the collision was alleged to have taken place, and he thought that owing to the fortun.
in
cur
In delivering judgment, His Lordship said be had given the case some consideration since last sitting in Court, and the question before him was what ship came into collision with the junk. He proceeded to deal with the evidence adduced regarding the positions of the junk at the time, they were and the steamer allegat to have collided, and also reviewed the facts submitted in relation to the tent running. As to the question of collision he proceeded to comment on the evidence of both parties concerning the point, and observed that a feature of the defendant's evid ence was that no shock was felt to the ship, As to the point raised regarding the white hull and black funnels of the Indus, his Lordship said that as a jury he had 'talten the opportunity of going across the harbour while the steamer was in port and passing very close to her bows. When going over to Kow. loon he could not distingnish her colour though when returning he got a better gight of her and could just see faintly that she was white. That was his only experience in the matter, and of course the ship was in har hour where probably it was more favourabló than the conditions out at sea. On the whole, on that point he was of the opinion that it was very unlikely that the people on board of the junk could in the panic of collision have taken such minute notice of the steamer as they
· Entertainments. HONGKONG BENEVOLENT SOCIETY. SUBSCRIPTION DANCE in aid of the
A above SOCIETY will be held in the CITY HALL, on JANUARY 24TH, "1902, at 9-30 P.M. `
TICKETS ............................$5 each. Tickets may be had from Mrs. "FORBES.
of the Society. East Point, or from Members of the Committee
Hongkong, 19th December, 1901.
Bands Bands
PROMENADE CONCERTS.
MONDAY and TUESDAY, 3rd and 4th February,
Bagpipes
+
CITY HALL
9 P.H.
ORCHESTRA 120,
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5th Hyderabad Contingent. ...........H. K. and S. Battalion.
(Ladies and Gentlemen of Hongkong will kindly assist),
Booking at ROBINSON PIANO Co. Dress Circle Promenade
.............$2
Conductor J. H. MOIR, B.M., R.W.F.
.. Hongkong.. 17th January, 902
Entimations,'
[760
UNIVERSAL TRADING COMPANY, LIMITED. NOTICE. HAREHOLDERS in the above Company DIVIDEND at the rate of 12% per Annum for the Half-year ending 31st December, 1901, No. 4, Les Vaux Road Central, on and after the 1st January, 1912.
The Prisoner-f was not th years of age ate circumstance that there happened to be the stated they did. 1t had been urged that the will be payable at the Office of the Company,
when I joined the R.F.
and a
The Attorney General, continuing, pointed out that while in the Colony the prisoner and his first wife lived in the married men's quar ters at Lyeemoon.. In 1, after, an absence of ten years, the prisoner returned and was made a Company Sergeant Major of Works, warrant officer in that Regiment teengnised him and inquired after his wife The prisoner replied that he was dead. On the 1st December, roen, he went though the fun of mariage with Ellen Emily Lucas, who was a teacher in St. Frarcis Convent, Wanchai in the mariage certificate he was described as being 23 years of age, though he must have been considerably more than that as he joined the R.E.'s in 1885, which was more than 13 years before. He must have beco→→→
His Lordship13.
was not speaking the truth
His Lordship -f course, he is noi. The Attorney General conclude by stating that as to anybody being foolish enough to tell hit that it was illegal to marry his cousin-it must have been a very fontish person. As to bs being a miner at the time of the first marriage the recants were absolutely against that. In the depositions his age was put down as 55 that he thought was nearer the truth. He did not wish to say anything in aggravation of the matter nor press for undue punishment, but he did not think the statement made ag-inst his first wife, whom he believed was an ex remely respectable woman, tended to lessen the offence.
statement alone.
island of Pedro Blanco in the vicinity they were able to get at the position of the junk from the plaintiff's own Having dealt with that subject at some length he proceeded to refer to another material point in connection with the fixing of the time at which the occurrence was alleged to have taken place, and said that the crucial point, of the case and the point upon which the plaintiff must stand or fall, was the statement that the steamer which ran into the junk had white bulls and two black funnels. Upon that point plaintiff was supported by the members of the crew. He submitted, however, that that statement
plaintiff, when coming into Hongkong had a knowledge of the ship which bad collided with him, but only the knowledge that he had been run into. It was not until he had been in Hongkong and had made enquiries that he was aware, according to Mr. Hastings, of which ship it was thought to be. His Lord ship proceeded to deal with the question of the paint being scratched off the bows and pointed out they had heard the evidence of the officer on board, whose special duty it was to make a round of the ship on her arrival in harbour and see whether any paint was off or not. His evidence was clear and definite on the point
was not to be believed for apart from the for he stated absolutely, there were no signs of fact that the night was very dark at the collision having occurred. That was a point time when the crash came the crew would stress and, it seemed to His Lordship, a point apon which the plaintiff laid considerable
be in such abject terror, that it would be im- which had not been proved to the satisfaction of possible for anyone to take any accurate de- the Court. It was quite true that had the Indus tails of the steamer which struck them. When been in no paint scratched on, the th must have been some off, but the evidence the plaintiff arrived in flongkong in the morn that point was of such a nature that he could not accept it against the testimony of an officer, whose special duty it was to make a round of the ship and see whether or not paint
The Attorney General remarked that that showed that his statements were false and hening he was totally ignorant of the name of the steamer which ran into the junk or of any details concerning her. In comparing the evidence tendered by each party," Mr. Hastings submitted that the testimony of the plaintiff was not at all satisfactory as he had contradicted himself time after time, while the defendants' version of the affair tended to show that the Indus could not by any possibility have been in the position stated by the other side. At the time the ship must have been at least 16 miles to the west of Pedro Blanco. Of course, if she was not in collision with the junk it would naturally be asked how was it that the craft was damaged. lle pointed out that according to the evidence it appeared two other steamers followed the Indus at the time and came into Hongkong shortly after she arrived here. After pointing out to his Lordship that there was no conspiracy on the part of the crew of the mail boat to deny the affair, he urged him to consider whether the plaintiff had discharged the onus of proof, and proved that beyond all reasonable doubt the Indus was the ship which ran into the junk on the morning, in question laving had the facts before him he asked his Lordship to say that the plaintiff had not made quibis case and had not proved to the satisfaction of the Court that it was the Indur which collided with the junk.
His Lordship said he bad listened to a great del of what had been said in the matter, and was of the opinion that prisoner had said much which would have been better unsaid, ile must have lied one way or the other, and there was no pity, for him at all as he had ruined two He would be sentenced to prison for two years with hard labour.
wo:nen.
OTHER CASES. LARČENÝ,
Wong Lim, pleaded not guilty to three, charges of larceny of satia and crepe.
The Attorney General (instructed by the Crown Solicitar, Mɩ F. II. L. Dowley), prose-
Mr. Morgan Phillips, for the plaintiffs, urged cuted, and the following jury was empanneled to that there were certain facts in the case which try the case:-Messrs. Jehann Heinrich lessen, were proved beyond contradiction, and the sole Bonifacio Maria Castro, Chow Dart Tong, question for his Lordship to consider was Henry Chamberlain Sandford, Wilhelm Ernst whether it was the steamship Indus which Pucher, Themes Hair and Henry Adolphus collided with the junk. It seemed to him that Warre Slade. The prisoner was found guilty, the evidence poimed most strongly in that and was sentenced to six months' imprisonment direction. Turning to the statement of witnesses, on each count, the sentences to ran consecube submitted that the story told by the plaintiff tively. His Lordship ordered the goods res Inined to be restored to the plaintiff on their being properly redeemed.
Wan Lam was sent to gaol for nine months with hard labour. on each of two counts larceny the sentences to run consecutively.
of
had been scratched off.
been on the plaintiff to satisfy the Court on the The onus of proof, he concluded, having evidence that the steamer which collided with the junk was the indus, belonging to the defen- dant company, that onus in his opinion, and not been discharged, and the defendant com- pany would therefore have judgment-with costs.
HONGKONG SHARE MARKET.
Messrs. Benjamin, Kelly and Potts, in their weekly share report state-
Dividend Warrants can be obtained on application.
will be CLOSED from SATURDAY, the 18th to MONDAY, the 20th instant, both Days inclusive
The TRANSFER BOOKS of the Company
ELLIS KADOORIE, General Manager. Hongkong, 16th January, 1902.
f74d ST. JOHN'S CATHEDRAL CHURCH, HONGKONG.
NOTICE is hereby given the T HOL
of SEAT DERS and SUBSCRIBERS will be held at
ST. PAUL'S COLLEGE, on THURSDAY, the 23rd instant, at 5 PM.
t
Hongkong, 14th January, 1902, [67d THE WEST POINT BUILDING CO., LIMITED.
י
NOTICE is hereby given that the THIR
TEENTH ORDINARY MEETING of SHAREHOLDERS in this Company will be held at the COMPANY'S OFFICES, Victoria" Buildings, on THURSDAY, the 23rd January, 1902, at 11.45 o'clock AM, for the purpose of receiving the Report of the Directors together 31st December, [gor. with Statement of Accounts for the year ending
The REGISTER of SHARES of the Com- pany will be CLOSED from TUESDAY, the 14th instant, to THURSDAY, the 23rd instant, (both Days inclusive), during which period no Transfer of Shares can be registered.
By Order of the Board of Directors,
MOWBRAY S. NORTHCOTE, Acting Secretary to the Hongkong
Land Investment and Agency Co Ltd General Agents for The West Point Building Company, Limited Hongkong, 6th January, 1901, 1, (zzd THE HONGKONG LAND INVESTMENT AND AGENCY COMPANY, LIMITED.
NOTICENTH ORDINARY MEETING of SHAREHOLDERS in this Company will Buildings, on THURSDAY, the 23rd January, be held at the COMPANY'S OFFICES, Victoria
1902, at 12 o'clock Nook, for the purpose of receiving the Report of the Directors together with Statement of Accounts for the year ending 31st December, 1901.
is hereby given that the FOUR-
The REGISTER of SHARES will be CLOSED from TUESDAY, the 14th instant, to THURSDAY, the 23rd instant, (both Days inclusive), during which period no Transfer of
By Order of the Board of Directors,
MOWBRAY S. NORTHCOTE,
·Acting Secretary, Hongkong, 6th January, 1902. HUMPHREYS ESTATE & FINANCE COMPANY, LIMITED.
[21d
A. S.
CREE
Intimations.
At every turn,
day and night, you hear the en thusiastic praise of some one who is competent to judge and prefers
RAINIER
BEER
to all others the whole world has it and likes it.
SOLE AGENTS:
WATSON & Co.,
MY LIMITED, THE HONGKONG DISPENSARY.
Hongkong, 13th December, 190i,
W.
BRI
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NEW INTERNATIONAL CODE, OF SIGNALS S13.
NEW STOCK.
Photograph Scrap Albums, Scrap Shot Albums,
Croquet, Badminton, Base Dall Sets, Cricket, Tennis Rackets, Nets and Poles, Ayer's, Slazenger's, Forresters, 1902, Tennis Balls, Newspaper Scrap Albums,
Hongkong, 15th January, 1902.
Ladies' and Gentlemen's Boots and
Shoes, GREAT VARIETY.
Egyptian Cigarettes, Wills' Cigarettes, Indian Cigars, Manila Cigars, Tennis Shoes, large variety.
[34d
WING CHEONG.
DEALERS IN JEWELLERY, PEARLS, DIAMONDS, JADESTONEWARE, CURIOS, SILKS, CARVED IVORYWARE, AND CRASSCLOTHS,
AND
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No. 35, Queen's Road: Central,
Next Door Messrs. LANE, CRAWFORD & Co. Hongkong, zoth November, 1901.
Hengkong, 20o pam. 1901.
[12560
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The machine is worked by hand, can be attended to by any ordinary pative servant and manufactures Aorated Waters of best quality at enormously cheap prices. LEOPOLD SPATZ & CO.
[7330-
INCANDESCENT GAS LIGHT.
NUAL GENERAL MEETING of HE SIXTEENTH ORDINARY AN THE SHAREHOLDERS of the above Company will be held at the REGISTERED OFFICES of the Company, on MONDAY, the 27th January, at Noon, for the purpose of receiving the Report of the Directors together with a State- meat of Accounts for the year ending 31st December, 1901.
will be CLOSED from the 24th to 31st instant, The TRANSFER BOOKS of the Company
bath Days inclusive.
HONGKONG, Friday, January 17th. For the past week there has been very little doing, and only a few stocks have been dealt Company, Limited, has advertised its Sixteenth in. The Humphreys Estate and Finance Ordinary Annual Meeting for the 27th January. The transfer books will be closed from the 24th to 31st instant, both days inclusive. The declared an interim Dividend of St.zo per Universal Trading Company, Limited, has
share payable on and after the a1st January. The transfer books will be closed from the 18th to zoth instant, both days inclusive. The Hongkong, Canton and Macao Steamboat Company, Limited, bas given notice of its Seventy-first Ordinary Half-yearly Meeting, to be held on the 4th February. The transfer books will be closed from the 22nd instant to the 4th proxime, both days inclusive. Banks.--Shares can be registered. Hongkong and Shanghai Bankes have not maintained their position, and have reacted to $627, at which figure shares are offering. The London quotation keeps steady at £65. Nationals are still wanted at $27. Marine Insurances. Unions are steady, with sales at $54, and North Chinas have risen to Tis. 185 $342). China Traders are enquired for at buyers. There is no change in other stocks. Fire Insurances-Hongkong Fires have been sold at $375 and may now be obtained at $370, China Fires have changed hands at $90. Ship ping-Hongkong, Canton and Macao Steam- was entitled to belief and acceptance by the hoats have been taken off the market at $374, Count on the grounds that it had not been $371, and $379. Indo-Chinas have ruled rather broken up in cross-examination nor had con- erratic, and transactions at $137, 5138 and $139 ficting evidence of a superior weight been ad enquiries at S138: Douglas Steamships are have taken place; the market closes with duced against it: To him if seemed that the unchanged. China and Manilas have further most important thing in the whole matter was declined, and shares to be had at $8. Star that, at ten o'clock on the morning of the Ferries are out of favour, and sellers rule. the market at 124 for the old, and 59 for the new collision the plaintiff was at the office of his
issue. Shell Transports are quoted at £2.5/-. solicitors with all information regarding the Refineries.We have heard of no business in collision. As to the question of current run- either stock, and rates are unaltered. Mining. This case was concludert in the Supreme ning at the time, he thought it was a curious-Punjoms can be placed at $4.80. Raubs are
dull at 59, and Jelebus have, sellers at $41. Court yesterday afternoon and, as stated in our thing that if they deducted two knots from the Charbonnages have found buyers at the advan- issue last evening, His Lordship T. Sercombe log speed of 13 knots they would have the ced rate of $510. Dacks, Wharfs and Godowns. Smith gave judgment for the defendant com-Indus just north of Pedro Blanco. Anyhow, it-Hongkong and Whampoa Docks bave pany with costs, It will be remembered that seemed to him to be reasonably proved that negotiated at $285. Kowloon Wharfs after sales at $93 are now wanted at $94 the plaintiff Kwok Kam Chin, as owner of the the Indus must have been somewhere near Farnhams have been fixed at. Tis. 260 ex the fishing junk Cheung Kam Le, claimed from those island on the moming of the collision. interim dividend of Tls. 7 just paid. Lands, the Compagnie Des Messageries Maritimes, As to there being two other ships in the Hotels and Building-Longkong Lands have further declined, and can be procured at $192. of the steamship us, the vicinity at the time he pointed out that neither Hongkong Hotels are offering at $137. Hum sun of $1,457.64, damages alleged to have had white hulls and two black funnels: In pherys! Estate have changed hands at $14 been caused to the junk by a collision which fact, the whole question seemed rather a Subject to audit, the Directors propose to pay occurred between the mail steamer and the difficult one for his friend to overcome. Which ad vidend of $i per share, place $100,000 to Permanent Reserve Fund and $25,000 to junk off Hong, Hai Bay, in the China Sea, on story was to be believed in the case? As was Equalization of Dividend Fund, and carry Sunday evening, the 22nd September last. The usual in collision cases there was a conflict of ward $19,529.18. China Providents have been dealt in at $9ex the dividend of 3 cents paid plaintiff, however, in order to bring his claim evidence. One knew that on this coast a
Hongkong, 14th January, 1002. down yesterday, Cotton Mills-Hongkong Cottons- within the jurisdiction, of the Court waived great many fishing junks were
continue in demand, and can be sold at $14). the sum of $457.64, part of the sum of $1,457.64, and no report was made, the whole thing Sales of Ewos are reported at Tis. 42. The thereby reducing his claim to the sum of $1,000, being taken a matter of course. Yah Loong Cotten Spinning Company, Eld He further claimed the costs of the action. Where they had such large ships like the having gone into liquidation, we have taken the stack off our list. Cigar Companies. The Mr. Morgan Phillips, barrister-at-law, apdirs, going at a high rate of speed and runn-
Alhambra, Limited, has increased its capital peared for the plaintiff, instructed by Mr. Johning into a fishing junk the shock would be a
by $50,000 in 100 shares of $500, all of which Hays, of Messrs, Johnson, Stokes and Alasters, very small one, indeed. He asked his, Lord- have been taken up at par, Miscellaneous solicitors; and defendants were represented by ship, sitting as a jury, to come to a conclusion Green Island Cements have been disposed of Mr. John Hastings, solicitor.
upon the reasonable effect of the evidence and at $21. A. S Watsons are asked for at St5. Electrics, old, have been done, and more are Addressing the Court on behalf of the defen- take a reasonable view of it. He briefly sum wanted at $13; the new shares have enquiries dant company, Mr. Hastings said he thought med up the facts adduced, and said if his Lord at 561.
THE ALLEGED COLLISION, FRENCH MAIL AND JUNK. JUDGMENT FOR DEFENDANTS WITH COSTS.
05 owners
as
run
for
|
The atention o consumers is drawn to the fact that the Undersigned, being Sole Agents for DR AUER VON WELSBACH
VIENNA,
INVENTORS
Co.,
OF INCANDESCENT GAS LIGHT.
ARE SELLING THE ONLY GENUINE MANTLES, The Price of which has been reduced to FIFTY CENTS per piece.
BEWARE OF INFERIOR IMITATIONS
KRUSE & Co.,
JOHN D. HUMPHREYS & SON,
General Managers. Hongkong, 14th January, 1902.
[God 954c} HONGKONG, CANTON AND MACAO STEAMBOAT COMPANY, 'LIMITED.
of;
NOTICE TO BHAREHOLDERS, HE SEVENTY-FIRST ORDINARY HALF YEARLY MEETING. SHAREHOLDERS in the Company will be held at the OFFICE of the Company, No. 18, Bank Bni dings, Queen's Road Central, on TUESDAY, the 4th February, at 12 o'clock, NOON, for the purpose of receiving a Repon of the Directors, together with a Statement of Accounts, declaring a Div-dend, confirming the appointment of a Director, and electing Auditors.
The TRANSFER BOOKS of the Company will be, CLOSED from the 22nd January, to 4th February, inclusive.
By Order of the Board of Directors,
.
T. ARNOLD,
Secretary,
fard
GOVERNMENT NOTIFICATION, INFORMATION has been received from the Military Authorities that ARTILLERY PRACTICE will take place on the 4th instant from Kowloon City Pier in a South-Easterly direction.
All Ships, Junks, and other Vessels are cau- tioned to keep clear of the Ranges.
By Command,
JH. STEWART LOCKHART, Pumpagne Colonial Secretary, but
Hongkong, 16th January, 1908. L
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