Intimations.
THE HONGKONG TELEGRAPH, WEDNESDAY, NOVEMBER 23, 1904.
DEATH
THE Throne has shown great disapprove On Nov. raili, at his residence, The Cottage, towards Viceroy Tsen Chun-haunn's; polley 33 Cavanagh Road, Singapore, JAMES RODYK. | regarding military affairs in. Kwangsi, Aged 54, deeply regretted.
A. S. WATSON & CO., The Hongkong Telegraph.
LIMITED.
ESTABLISHED 3.6, 1841, ·
HONGKONG, WEDNESDAY, NOV. 23, 1904,
THE BALTIC FLEUT.
In view of the recent telegrams which have come from the West we must conclude that the Baltic Fleet is really in earnest about its destination, and may be expected ALEXANDRA BUILDINGS. to turn up in Chinese waters in due course. That its progress will be slow may be assumed from the capabilities of many of the vessels composing it and from the ques
CONFECTIONERY
We beg to notify the Arrival of our New Beason's Confectionery,
ØRTED FROM THE LEADING
ndon and
tion of coal consumption, which will noces. site the whole fleet moving at economical
spel, or, in other words, at the speed which
represents the smallest consumption of coal in comparison to the distance covered. It is, of course, recognised that the speed of a fleet is the speed of its slowest ship, and as many of the vessels in the Baltic Fleet are quite ancient warriors they can hardly be expected to perfona what they did in their prime, and it is, therefore, diflicult to estimate what they may now be capable of accomplishing. The question that most concerns the public, however, is where and in what way do the Japanese Parisian Houses. propose to meet them. While inclining to the belief that there will be no news from the Japanese in answer to this question until her reply has been de monstrated, we can make a very shrewd guess as to what the method of attack is is likely to be. Of all antagonists in modern Naval warfare none are more dreaded than the torpedo boats creeping up under cover of the night, or silently waiting in the dark- ness until their unsuspecting victini comes
SELECTIONS
OF THE
PUREST
AND
BEST QUALITY [from the Simplest to that of The Finest and Most
Recherche Character.
within range.
Such a large fleet as the one now bound for the Far East, if keeping in anything like close order, cannot fail to at tract attention in the day time by the cloud
THERE is a talk of yet nanther hotel for Kaw. loon, a report being current to the effect that application will be made for permission to open a licensed house at Hunghom near the Hongkong and Whampoa Dock's premises We are also given to understand that a hotel being built on the Shaukiwan Road, not far from the Metropole, at a cost of some fifty to sixty thousand dollars.
THE ENGLISIE OFFICERS CLAIMS
WAS lengths
-mor
hosen
ubreque
particular conveyance by which he finvelled was so far identified with the driver that, if any injury was sustained by him from colision with At the Supreme Court this mo AGAINST THE KOWLOON GODOWN CO. LTD another vehicle through the joint negligence Chlef Justice said that
|of his own driver and that of the driver of him, to get througli At the Civil Summary Court this morning, the other vehicle, precluding the former he would deliver judgment t T. Sarcombe, Smith (Puise Judge) gave from maintaining an action against the in the action brought hy judgment in the action brought by Lieutenant latter, the passenger was himself equally pre Kaisha against the owners W. F. Lumsden, RA, nguinst the longkongcluded (Addison, Teris, 6th Eu.p. 27). This steamer Promilkens, Ho and Kowloon Wharf and Godown Company, doctrine was declared not to be the law in he would give judgment on Limited, for the recovery of $202, damages 1888 by the House of Lords. The law in this
THESIS, PRINZ EITEL alleged to be due in respect of injuries sustain respect now is that a plaintiff is not precluded
"“ARIEDRICH ed through the negligence of the employees of from succeeding in an action for negligence by reason only of the contributory negligenca of a Aho defendant Company, a q
third party who is not either his servant of his agent. The question then is, was the puller of the ricksha the servant or agent of the plaintiff?
Mr. E. J. Grist (Messrs. Wilkinson and Grist) appeared for the plaintiff, and Mr. H. W, Looker (Mesirs. Deacon, Looker and Deacon) defended.
Ar a quarter past eight o'clock last evening six men armed with knives, swords, and daggers, entered the first floor of No. 9 line Loong Street, to commit a robbery. Finding nothing, they proceeded to untest an old sick woman His Honour said-In this action the plain- and tried to make her divulge the where-tiff seeks to recover the sum of $100 for dam- Bluts of her valuables. fustead of doing ages sustained by him in a collision alleged this she yelled wils such effect that she is have been caused by the negligence of the joon had all her neighbours round, and four of servants of the defendant company, un pat the men rushed on to the roof and made their About 3 pm. on the 6th October last, the scape. The other two diapped their weapons, plaintiff was riding in a ricksha along the
and rushed out of the house right into the public read running in front of the defendant's arms of an Indian watchman, who was hurry.gudowas at Kowloon, between the west corner ing to see the cause of the noise, and he of Elgin Road and the terminal wharf of the promptly are led them. They were placed be: Star Ferry Company, Ltd. A short distance foro Mr. Gomperie this morning and remanded in front of the ricksha was Lieut. Macdonald, R.GA., on a bicycle. When the ricksha was At the Civil Summary Court this morning, opposite wharf No. 2 belonging to the defen- Before the l'uiss Judge (Mr. T. Sercombe dant company, a collision occurred between Smith) the Cheung Blok Ying, firm of coolie the resha and a truck worked by some ser- contractors, sted Ling Shing On to recover vants of the defendant company. As a result $257.30, being in respect of cral coolies sup. of the enlision the plaintiff was thrown out of plied. Mr. R. A. Harding was for plaintiff and the ricksha, and suffered damage to his cluthing Mr. E J. Grist defended. Mr. Grist consent and person, ed to judgment, but asked that the arder be
Though evidence was conflicting, the follow made payable in instalments. The defendanting facts are established:- could neither read nor write, but had always left (a) That plaintiff looked to see if any truck his affairs in the hands of the accountant, who was about to cross his path. unfortunately was not available. He offered $20 a month. Mr. Harding reminded His Honour that the bill was over a year old, and further that the delegant had quite recently returned to the Colony, having run away to avoid payment of his debts. His Honour made an order for defendant to pay $50 a month, the first payment to be made in seven days.
THE LATE MR, JUSTICE LEACH,
(6) That the view of the road, ead of the wharf was obstructed by things on and about that end of the wharf.
(c). That the ricksha was moving at about a walking pace a few seconds before the moment of collision.
(d) that the truck had been moved from the wharf end across the road by coolies at a jog-
(e) That the truck was not under effective control.
trol
(/) That the puller of the ricksha at the last moment quickened his pace in an attempt to cross in front of the truck.
(2) That the ricksha puller was on his own
On the 16th inst, on the assembling of the of smoke which hangs over it. This is enough to give an enemy, far below the and Mr. Justice Leslie Thornton on the Bench, Supreme Court at Singapore, Sir Lionel Cox horizon, a very substantial clue to their iden- there being a full attendance of the Bar, in proper side of the road. tity. A fleet protects itself by sending out scouts in the shape of a "V," and often ex tending several miles ahead. It is their duty to give warning of approaching danger, but a
A. S. WATSON & Co., flotilla of destroyers would see advance boats
LIMITED,
THE HONGKONG DISPENSARY.
Hongkong, 19th November, 1904-
YELEPHONE NO. 5. CABLE ADDRESS: "ACHEE," HONGKONG
ABC. CODE, 4TH EDITION.
ESTABLISHED 1859.
CHEE &
139
CO., 祥利 腐
17, QUEEN'S ROAD.
cluding the Attorney General, and the Solicitor General, reference was made to, the late Mr. Justice I each.
The Chief Justice said; Mr. Attorney Gen-
cral and gentlemen of the Bar, we have met long before they were visible themselves, and here to-day as a result of the televiain received could therefore, by making a wide detour, Justice Andrew John Leach, who was recently from London announcing the death of Mr.
come up behind the fleet as night fell. Ita Paisne Judge of this Court. I have no doubl is in this way most probably that the Baltic the news was received by the Bar with the fleet will receive their first baptism, and to meet destroyers in the open sea is the most terrible thing that can befall a large fleet. The Japanese destroyers, as we have seen,
tiff and that no adequate warning was given.
(4)-That no warning was heard by the plain-
The questions to be answered are: (1) Were the defendant's servants gent?
|
ARRIVESVAT) HONGKONGS
That there are palaces float is made palent In Mills v. Armstrong, 13 Appeal cases, at by the arrival in the harbour this morning of p. 8, Ford Herschell said " The relation between the latest addition to the Norddentcher Linyr's the passenger in a public vehicle and the driver. Far Eastern line, in the cliope of the so. Priez of it, certainly is not such as to fall within any Bidel Friedrick, a veritable levia han, now of the recognised categories in which the act of in her maiden trip from Hamburg to Yoko one man is treated in law as the act of another" hama. This fine vesseli bu il of steel, is 488 and his Lordship makes it clear at pp. 5 and 6 feet long, 531 feet in breadth, and 32, feet deep. that the recognised categories to which he Her registered tonnage is
is 8,864, and 5.000-1.rity referred are those of master and servant and She is fitted with twin screws, and has quadruple, employeur and agent acting within the scope expansion engines, her indicated horse-power of his authority. At p. 16 Lord Watson said: being 7,500, with an average speed of 164 krois- Individuals who are injured, without being Her brige house is built of lesk wood which personally negligent, are nevertheless disabled entirely takes the place of the old canvas, and from recovering damages it, at the time, they being filled with six large portholes, com stood in such a relation to any one of the actual mands on interrupted view all around. Here wrongdeers as to imply their responsibility for there are two telegraplis for communicating his act of default." This relation canot be with the engine room, and one for the sitemmen. other than the two classes of relation, referred There are also electric alarms, by means of to by Lord Herschell. Again at p. 18 Lord which, in case of fire, all the passengers run- Watson stated that in bis opinion an ordinary shmultaneously be called on dick, each cabin passenger by an omnibus or by a ship is not being fitted with an alarm bell, Besides this affected, either in a question with contributory there is a machine by means of which by re wrongdoers or with innocent third parties, [by leasing a lever, the water tight bulkheads in the negligence, in the one case of the driver, the holds can be instantly closed in case of and in the other of the master and crew by accident. She has also patent fog signals, and whom the ship is navigated, unless he actually assumes control over thetractions and occasions mischief"
telephones communicating with all parts of this ship. The Prins Eiki Friedrich bas iba credit, of being the first steamer to be fitted with these Lord Hershell therefore lays down the gene latter contrivancer. From this same room, rat proposition of law that the relation between moreover, all the clocks in the ship can be set the passenger in a public vehicle and the driver to proper time by one movement, and thus if of it is not the relation of master and servant one clock is right all are right, and vice verin. or employees and agent; Lut this general pro- Abalt the wheel house is a special turbine.in. position appears to be restric.ed by Lord Watsonvention by means of which all the electric to the case where the passenger does not lights on deck can be turned on independent y assume control over the driver's action soar of the engines. She carries five boilerstan thereby to occasion mischief.
double cylindrical, two single, and one den key-boiler, and maintains 24 fires. On her hot deck are twelve lifeboats capable of carry. ing goo persons, besides other boats of various capacities. On deck are eleven cargo wincles, working over five hatches. The first clas saloon is a fine, handsome apartment, uphols tered in greeu morocco leather and plush, there" being seating accommodation for 165 passen gers. Here the walls are covered with a white silk repp of tasteful design, wie mans il paintings, while the dome is decorated in En pire style, in green, gold and white, with motifs. Above and abaft the saloon is the The plaintiff therefore seems c'eatly to come writing room and lounge for gentlemen, ard within the general proposition laid down by the music room, in which the band is stati
there was no contributory negligencean the part communicating by a passage with the saloon So that even if I am in error in holding that stoon is the smoking room, bar and cardroom, of the ticksba puller, nevertheless the plaintif rendering it unnecessary to goleb deck-la c
In the present case, the ricksha hired by the plaintiff was not a private ricksha, but a public vehicle within the definition of section a of Ordinance No. 8 of 1887, where public vehicle is defined to mean any chair, carriage, finrichsha or other vehicle of any kind, witich plies for hire in the steeels for the carriage of passen. negligers. Moreover, the plaintiff, beyond properly ordering the puller of the ricksha to go slowly, and directing him whither to take him, did not assume any control over his actions whereby mischief was occasioned
(2) Was the plaintiff negligent ? (3) Was the ricksha-puller negligent? his negligence imputable to the plaintiff'?
(4) If the ricksha-puller was negligent, is First then, were the defendant's servants
Bame sorrow as by the Bench. Mr. Leach was negligent? If they were, and such negligence Lord Herschell as modified by Lord Watson.ed to play during dinner." In line with the
my colleague on this bench for some seven years, a colleague whose co-operation was to
resulted in a wrong being committed, the de- fendant company is answerable for that wrong
a high degree valuable, and which brought its results, because such wrong was com
can keep the sea for long periods, coaling about between us a close personal friendship.ited in the course of the service of the must succeed against the defendant company of disty weather. Next is a very fine and lof
He was held in equally high esteem by the defendant ebmpany and for its benefit. Though whose servants were guilty of negligence gymnasium with all the latest and most up 16
from colliers and parent cruisers. The Rus sians have good reason to know their power, and if, in the North Sea, a fleet of trawlers could create such panic how would
a trany steamer or even a liner fare did she chance to fall in with them. She would be well lit up of course, but would that protect her? 3light not a Japanese cruiser thus seek to draw FURNITURE she saw no chance of escaping observation? atteation off her accompanying destroyers if
DEALERS.
Might she not well try a bluffing game anyhow? The coming of these war vessels to the Far East will be viewed with apprehension by all shipowners and by those who realize the enomous issues at stakes. What, we ask, would be the action of the home Govern ment if a British passenger ship were sunk "in error". Would any "explanation" be acceptable, and yet if it caused England to take up a decided and unmistakable attitude, would it not save Russia from the possible indignity of having to climb
DRAWING-ROOM,
DINING-ROOM,
and BED-ROOM
FURNITURE.
ELECTRO-PLATED,
GLASS, and
CHINA WARES.
PASTEUR'S MICROBE-PROOF
FILTERS,
KOCHESTER LAMPS,
WHITE TURKISH TOWELS.
COUNTERPANES.
COOKING RANGES;
KITCHEN UTENSILS, and
<
HOUSEHOLD REQUISITES.
down to an Asiatic Race?
LOCAL AND GENERAL
THE English mail of the 32nd October arrived
at Brindisi on the 17th instant,
children's
the company pay not have authorised the because the plaintiff being guiltless of particular act complained of, yet it has put negligence, assumed no such control over the On the lower deck, of which there are al, is a date contrivances for taking-in-door, exercise. coolies in its place to do a class of acts, and ricksha puller as occasioned the mischief." The
must be answerable for the manner in which and is not therefors responsible for the nurse in attendance. In all the ship has 46 Brat
and dining room with Menursery, its agents conducted themselves in doing the negligence of the ricksha puller business which the company had enjoined them to do.
Bar and the public. When last year we heard that his health that not allow of his return to this Colony there was general regret many friends he had made here hoped that a change of climate might lead to his recovery and not a few looked forward to the pleasure, one day, of again meeting with their o'd friend Andrew Leach. intimated yesterday to the
of so many members of the Bar shows me that Attorney General my intention of alluding to the sad event this morning. The attendance the entire profession juin with the Bench in manifesting a high regard to Mr. Justice Leach and in tendering to the widow and son our sincere sympathy and condolence.
To constitute negligence of the part of the servants of the company they must have omitted or failed to use due cara-and caution
class cabins, 64′′ second, and accommodą“ In perusing Ordinance No. 7 of 1897, by tion for 600 third class passengers. The which the defendant company was authorised first and second are luxury itself, being to lay down the tramway on which the colli fitted with wardrobes, tables, electric, fans, sion in this case occurred, I found that, by and upholstered in grey and white rep section 13, the rights, powers and privileges
granted by the Ordinance were to continue to force for twenty years from the 3rd day of September, 1884, with power to the Governor in-Council, by order to be published in the Gazette, to declare an extension of the dura tion of such fights, powers and privileges for ang funher time not exceeding ten years at a time.
while the second class fixtures are bat lit la
for the safety of persons or property. If the
different to and certainly not inferior to the company had a light to move its trucks across
first. The second saloon is entirely framed in the public road, it must move them with care,
rosewood, and is as fine an aputment'as many so that persons and vehicles using the road
Arst class ones in regular finers. Abaft the may not be injured. There was a duty on the
saloon on the main deck in the barber's shop, a “ company to exercise such seasonable care and
well-fitted room, and beside, it is the printing to lake such reasonable precautions as ordinaty,
room where the daily menus ard run off the press. The pantries and kitchens are cleanli prudence dictated to protect the public from injury when its trucks were crossing a public road on which its rails were laid. This daty down, maintain, work and use the tramway in registered cruiser, and well protected below the The rights of the defendant company to lay ness itself. The Prina Estel Friedrich in a the defendant company failed in the present question seem therefore to fiave expired on the waterline. She carries a crew of 220, all told. instance to discharge. The truck in question 22nd day of September, 1903, or several days was being moved at too fast a rate and was not before the collision between the plaintiff special warning by shouting was inadequate, the Gardte has not published any Order-in under a proper state of control. The alleged ricksha and the defendant's truck occurred; for
and the notice boards, “Beware of the trucks,"
On the voyage out, on the oth inst, a fancy, dress ball was held in honour both Empress of Germany, the captain, proposing. of the birthday of King Edward and of the the King's health, and Mr. F. Birch, Reside ent of Perak, who was among the pas Fengers, responding and proposing the health of the Empress of Germany, slso of the Captain, and success to his new ship. On the 15th an other entertainment was given in honour of the name day of King of Belgium, 20 Belgians proceeding to join their Legation at Paking holding a small full dress parade on board In
did not constitute more than a warning that Council extending the term of such rights Boy trucks moving at a reasonable pace might beyond the aand day of September, 1934. encountered. I find, therefore, that the com This opens up a nice question as to the lengers,
gality of the acts of the defendant company in moving trucks on the said tramway after the 220ad day of September, 1904. 1 merely adven to this state of affairs, but do not pass any judgment upon it, because the point was not noticed during the course of the action.
As regards the damages to be awarded to the plaintiff, I fix the sum at Sico. There will, therefore, be judgment for plaintiff for dico and costs.
in honour of the occasion, is
On leaving Antwerp, there were no less than
20000 people on the wharf to bid some attachés
The Attorney General: I think I may say for myself personally and for every member of the Bar here present, that we fully appreciate from your lordship with regard to the loss we and concur in the expressions which have fallen have sustained. Mr. Justice Leach was one of the most able judges here, and by his death we have sustained a considerable loss. By early association, by family tradition, and by his own great aptitude he was singularly fitted for the post which he occupied, and I think I may say any other judicial post he might have heen called upon, in the course of his life, had it been prolonged, to fill. But the
at here do not merely wish to pay the pany, by its servants, was negligent, and that, usual tribute to a good judge, and make the as the result of such negligence, a wrong was done to the plaintiff of which the natural and TOMORROW being the zath of November, the usual expressions as to his conduct on the
Bench, or to the friendly professional inter-probable consequence was the injury to person American Thanksgiving Day, there will a
course between Bench and Bar. The Bar and ruinent incurred by the plaintiff. PHOTOGRAPHIC Thanksgiving Dinner served at the Kowloon
here who knew him personally have a much The next question concerns the negligence Hotel to morrow night.
deeper feeling than that. They krew him as a of the plaintiff himself. In my judgment no DEPARTMENT.
OWING to pressure on our space to-night the
friend of particularly sympathetic macner and negligence can be traced to him. Then, was DEVELOPING and PRINTING
account of the presentation of the two bats to of the utmost personal kindness. And I think the ricksha puller negligent? I do not say UNDERTAKEN for AMATEURS. Lieut. Heath and E. W. N. Wyall, at Harms-it is seldom that any judge upon the Bench that he could not have averted the collision;
GOOD WORK,
ton's circus last night, is unavoidably held over. has held the position in the minds of the Bar in the opinion of the plaintiff and his brother that Mr. Leach did. Not only on the Bench officer, the puller did all that could have been OWING "to the interruption of the Eastern but in the ordinary intercourse of life, in which done under the circumstances. They were Extension Co's cable from Foochow to Shang- he was a delightful companion; and in other eye-witnesses and could form a fair estimate of the exigencies of this situation. The bai, all telegrams for Shanghai and beyond are matters, such as sport, he took part with an being banded over to the Great Northern Tele-energy and keenness which was one of his position of the puller seems, therefore, le graph Company for transmission,
characteristics, and in doing so made friends have been that of a person who, on the nol mere sporting friends, but friends in a spur of the moment, had to make up his THROUн the falling of some baskets of sand more real sense. We have therefore not only mind how to evade a suddenly impending at the naval extension works last evening, lost one of the greatest ornaments of the Bench danger caised by want of care on the part of ong Chinaman was killed instantly, and an out here from a legal point of view, but many another person. Under such conditions he is other so severely injured about his legs, one have lost a personal friend, one likely to have excused if he failed to act, with perfect skili. of which was broken, that he had to be removed considerable influence on our minds. We here and presence of mind, and is not guilty of con- to hospital.
to-day feel most deeply the loss we have sus-tributory negligence-: -
Having found the facts and having applied MR. George Edward Morrell, solicitor of the tained and we thank your Lordship for having
given us this opportunity of expressing our feel the law to them, the defendant company is, in Supreme Court of Judicature in England, was t-day admitted by the Chief Justice (Sir Henryings, and our sympathy for his wife and family. my judgment, liable to the plaintiff in damages Serkeley) in practise as a solicitor in this The expression we give to-day of our feeling is I need not go farther; but as the question was as sincere and deep as ever was expressed on argued as to whether contribuiory, degligence.
Singapore for this port on 22nd inst, of 6 pm, [ The P, & 0, S, N. Cô?; 19. Socotra left colony. Mr. Morrell joins Mesurs. Dennys and
such an occasion.
on the part of the ricksha puller (had há-Bean Bowley's office.
fonad guilty of such negligence) would have, depression, in the China Sea would appear to The Jaya China an Lina
#23rd shift, and may be been imputable to the plaintiff so as to prevent have moved westward and is probably filling Macassar for 3 him from recovering damages from the depa pang ten
expected here on and pro
N. Co's Kaum sang left Cal- fendant, I will, deal with the relation which Fresh to strong NE. monsoon prevails in the The 1 exists between the hirer, and the puller of a Formosa Channel and the mothers part of the cutia for this port via the Strails on 20th just
China Sea and very disturbed be furt and may be expected hers on 7th prox southward.
PROMPT RETURN. Hongkong, 8th January, 1904.
(45
ESPECIAL OLD TOM GIN. Marshall and
Elvy's
Patinette
DOUBLY DISTILLED MAND OPD
MATURED AGE.
TO BE OUTAINED FROM-
As I the hearty cheers of lage concourse of friends, and the singing of Auld Lang Syne," the remaining members of the Singap re Cricket team left to-day in the is. Frins Regent Luitpold, the Singapore Cricket Club, flying at the fore, and the band of the steamer [608 | playing again "Auld long Syne.",
THE MUTUAL STORES, Das Vœux Road,
ongkong, žith May, 1994;
Hr. T. de M. Braddell, on behalf of the prac- tising members of the bar, had been desired to express their grief and sorrow at the death of Mr. Leach The Attorney, General bad fully expressed the feelings of everyone pretent, and they endorsed every word he had uttered, rickshaEor many years the portrine of ddantification had judicial vogur in England. Under it a passenger who had selected the
The Court then rose. -Singapore Fra Press.
farewell. Captain Leid 15 an old and well- known commander in the Far East having? been in the service of the Norddepischer Lloyd, HIGH Commissioner Teh Liang wires to since 1887, and making 33.trips out this y Peking protesting against the payment of in. Three other vessels of the same description as demnity in gold. He is instructed to negotiate the Print Eitch Fridrich, are now on the with the foreign Consuls at Shanghai, together stocks and are expected to be launched about with Tuan Fang, acting Viceroy of Liang year heripe. These are desired 20. Like Kiang-Universal tini
the places of the 1'rrussen, the Sachsen and "Bayern,-in the Far Eastern passenger-
cargo trade.
THE WEATHER
The following report is from My. J-11um mer, Chief Assistant of the Hongkong Observ vatoryZAG
On the 23rd at 1540 am. The barometer bas in generally throughout China and fallen in Japin
The depression in nonhem Japsp has moved to the south-eastward into the Pacific, and the
Forecast-Strong NE, winds, fas
SHIPPING AND
SNAILS DUK French (Tankin) 29lb inst. Indian (Kumsang) 716 prax. American (Doric) 8th proši American (Manchuria) 17th prox
The H.A. LS3 Armente from Humbers will leave Manils for this port on 26th inst, Bast may be expected here on syth lurt