Entimations,
A. S. WATSON & CO.,
LIMITED.
ESTABLISHED 1841.
WINE AND SPIRIT
MERCHANTS.
"ALEXANDRA BUILDINGS.
SHERRIES.
BOTTLED BY
GEO. G. SANDEMANN SONS &
CO., LTD.
Light Dry
Solera.........
Very Pale Dry
Per doren.
$13.00
18.00
18.00
Full Golden
21.00
Pale Dry Nuity... 24.00
Fine Old Brown
36.00
BIRTHS..
THE HONGKONG TELEGRAPH THURSDAY, JULY 6, 1905.
On the 28th June, at Shanghai, the wife of
-A. SANDER, of a son..
On the 8th June; at Newchwang, the wife of
A. WILSON, OF A son.
On the 24th June, at Taichow to Dr. S. W. and Mrs. BABINGTON, C. M. S., a son,
DEATHS
On the 13th June, at Chungking, GEORGE JOHN COLWELL. (late 1. M. Customs, Chung- king), aged 36 years.
On the oth June, at Newchwang, MARY ANNE IDA, oldest daughter of Mr. and. Mr. A. O. Wilson, aged 3 years and 2 months.
The Houghseg Celegraph
[Hongkong, Thursday, July 6, 1935.
THE TERM · OF PEACE.
Now that the Peace Plenipotentiaries have received their consmissions from their respec- live sovereigns, there is an inclination on the part of all those who have been either direct, ily or indirectly interested in the war to con- sider what should form a hasis of settlement. There can be no doubt that the Japanese representatives will receive instructions as to what should be regarded as the minimum
WR are informed that His Excellency Sir Matthew Nathan, EC.M.0, has generously the fund of the Tung Wals hospital for the contributed a sum of two hundred dollars to
year ending june, 1god. - :
ACTS OF BANKRUPICY,
IMPORTANT CASE
present Japan las refused again and again to undertake the office. There will be no praise for the Plenipotentiaries if the nego fiations fall through Russia may smile sardonically, having given the world some thing to talk about other than her discon- MR. H. Finckney, of No. 6 Stewart Terrace, tented sailors, soldiers, peasants and | Peak, charged a housebay from No. 3, and n students, but Japan would feel that the farce meant only so much time wasted. is for Japan to gain peace by dint strenuous fighting, to impress upon Russia the fact that all hope is gone, and to drive the Russian amis beyond the shores of Lake Baikal. The longer that Russia holds back the severer will be the conditions imposed upon her. This much is certain, whether the peace negotiations succeed or fail, Russia will be so crippled that her power for evil will be deadened for many a year to come, which practically means that the peace of the world is assured! for the next decade at least.
BEFORE CHIEF JUSTICE. At the Supreme Court this morning the Chief Justice, Sir Francis T. Piggott, again took the interesting bankruptcy case arising coolio from No. 5 of the same terrace, with out of the pon payment of debts by the Ching Ittrespassing and loitering in his servants' quar Hop firm Mr. C. H. H. Beavis appeared for ters without his knowledge or permission, the petitioning creditor Leung Sing Wo, Mr. of Their defence was the usual story: "Went to, P. Hets represented the debtor, and Mr. F. see my friend." The visit cost them $15 each, B. L. Bowley was present on behalf of the that being the amount of the fine indicted on creditors in the case re the Ching Hop firm them by Mr. F. A. Hazeland this morning. exparte Siemsien & Co. and others.
LOCAL AND GENERAL.
The official report shows that two cases of plague were notified since yesterday. Total
219.
Fock new recruits for the Hongkong Police Force arrived from home by the 16. Denbigh there this morning.
THE case in which Chan Shan, ex-shroff at the Magistracy, was charged with the embezzle ment of the sum of $jco and $315, respect ively, and with falsifying a certain book, the property of the Government, an the 17th of March and the 10th of May, respectively, was resumed this afternoon, Mr. F, B., Bowley, the Crown Solicitor, said that he had no evid. ence to adduce against the accused, and asked His Worship to discharge him.-llis Warship' (to accused): You are discharged.
Supreme Court, this morning before the Fuisne A QUESTION of account was argued at the Judge when Si Tak Yan sued La Man Hin Brion, Hett and Goldring, stated, on behalf for $4,0x Mr. P. W. Goldring, of Messrs. of the plaintiff, that the only maiter to be inled was whether or not the money had been paid. The defendant would produce a chiap book
|
Mr. Beavis said he had to prove the act of bankruptcy and proposed doing so either by the petition or the declaration of the petitioning creditor. The former stated that on the 7 Jane debtor gave Leung Sing Wo notice of the firm's intention of suspending payment of their debts, while it was set forth in the declaration that the managing partner of the firm had stated that the assets of the firm were 5130,000, or thereabouts, and the liabilities $162,000 He proceeded to call
tion whether a statement made by a debtor to any of his creditors amounted to notice that he had suspended or wat about to suspend pay, ment of his debts it was necessary in each case to estimate the reasonable construction which the creditor would pince upon the statement," If they were to ask the creditor whether he understood that debtor intended suspending payment of his debis, and if he did so under- stand that would carry them over the present difficulty. It was not so much the worda nama as the intention they were intended to convey.
His Lordship pointed out that the words might be construed as meaning *If you press me I shall have to suspend payment because my assets are only so much and my liabilities so much." Addressing Mr. Rowley, biş Lord. ship said the interpretation he proposed to put on the words were "If y press me; my credits being so much and my cebts so much, you see I shall have to suspend payment."
Mr. Bowley submitted that what the man meant was that his debts were so much asd his liabilities so much, and that he admitted it was absolutely impossible to pay his deble, which, of course, amounted to the same thing as suspending payment, there
His Lordship. Oh, no. There is no de- claration of the inability The words of the
that he has suspended or is about to suspende Act are "Gives notice to any of his creditors What do you say is the effect of consolidation? The to acts of bankruptcy merge,
Mr. Bowley-1.say that it is now immaterial how the acts of bankruptcy are proved so long as one of them is proved. . You want it proved
conditions on which a settlement can be agreed upon. The Russian Plenipotentiaries are in a different position. They cannot hope to lay any claim to consideration so far as their occupation of Manchuria is con- cerned, nor can they submit sound reasons. E Tu Governor. Maine Sir Matthew showing a receipt for the money, while plain why they should not be deprived of Sagha. Hatban, will be at home at Mountain Lodge tiff declared the amount was not paid. Mr. H. for payment, and as he understood that the firms to the conclusion that this mae did give notice.
W. Looker, of Messrs. Deacon, Looker and Deacon, appeared for the defendant, and plain tiff was eventually non-Buited, with costs.
the leak, 10-inorrow from 4.43 to 6.45 p.m. lien. Their highest endeavour must be to obtain the best terms possible. Port Arthur, Marquis lio is just now being made the vic- and the suzerainty of Korea must fall ton of anonymous postcards containing threats Japan. The question of Vladivostok may against him if he takes part in the peace A STRANGE case was brought to the notice of be waived in favour of Russia. The con negotiations, according to the Japan Chronicle. Mr. G. N. Orme this morning, when an trol of the railway through Chinese territory AF 3.30 p.m. today, the Governor, Sir Matamah, of Shatkiwan, proceeded against a may prove a dificult problems, unless the thew Naiban, visited the Central Police Station, European. It appears from the woman's state- Japanese are prepareil to agree to a joint accompanied by his aide-de-camp, Captainment that she was going downstairs at her international board of management. 3 Arbuthnot-Leslie, and his Private Secretary, mistress's house when the European came up Mr. R. A. B. Ponsonby, and the Hon. Mr. F. and pushed her causing her to fall down the the rock on which the conference may split H. May, and inspected the Rangkong I'ulice whole flight of stairs and break an ankle. is the question of the indemnity which Force. Kussia will pay Japan, Russia is not a wealthy country in the sense that she can produce gold, or the equivalent of gold, on Short notice. And the terrible experiences through which she has passed, the lavish waste of treasure and hyes, fruitlessly cast into the ocean, has impoverished her be
A. S. WATSON & CO., youd all manner of doubt. A brave show w made when a Timer writer-suggested that her Treasury was empty by inviting a
LIMITED,
THE Puisne Judge must have anticipsted a busy day when he entered Court this morning. He informed several fltigants that he had four cases fixed for the morning and six for the afternoon. To-morrow the cause lirt will be readjusted when some of the 'matters will doubtless be wiped off the slate.
Whampoa Dock Company, Ltd., sent a photo- MR. W... Crawford, of the Hongkong & graph to The Navy League Journal, showing
Agents in Hongkong and South China for representative of that paper to inspect the M.S. Albion baving two 12-in, gums taken
SANDEMAN'S WINES.
ESTABLISHED 841.
Hongkong, 22nd June, 1905.
GREGOR
gold reserve in t. Petershning for himself, but it did not throw dust in the eyes of the onlookers. Viscount Aoki, ex-Minister of Foreign Affairs in Japan, has given it as 132 his opinion that the indemnity should he not less than two thousand million yen, which does not scent to be an immoderate demand in the circumstances. Russia might manage to raise that amount and end the war, if only that she might concentrate her energies of the rebellions at home What Japan really wants is a peace that will
& CO.,
†
out and two new ones put on board. This oper atina was performed in three hours, and reflects the greatest credit on all who had charge of the work, says the journal.
CARELESSSuss in alighting from a tamcar caused the death of another. Chinaman last night It appears that a coalie, who has not been identified, was riding in car No. 15 of 939 p.m. when, on nearing the junction of Wing Lok Street and Praya West, he got up: and with his back towards the motorman's end
The European said the case was an entire in vention. He had never in his life spoken a word to the amah." He saw ber going down stairs, and noticed that she suddenly slipped and fell to the hottom of the flight. She seemed hurt and whest he went in her assist ance she accused him of pushing her down, and sent for the police and had him arrested, As the 'complainant had had to be removed to hospital to have her broken ankle attended to the case was to have been remanded but the woman was subsequently carried into Court. She could not substantiate the charge and the case was dismissed.
REPUSING DUTY
ON THE EGREMONT CASTLE."
Captain Moodie, of the ss. Egremont Castle, this afternoon prosecuted another fireman, C. Georgensen, a Norwegian, for refusing duty on board the steamer while at sea.-Captain Moodie said that while at sea at two o'clock in
the afternoon of the 27th June, defendant was
of the car, jumped off, with the result that he brought to him by the chief engineer whe
fell "all of a heap" on the concrete road-way. said the man refused to do a six bours
be permanent. Russia's claws must be ex-There he lay unconscious anti Police Ser-duty; he could du lour hours but was geant Cooper came up and, seeing that the man unfit to do six hours. Defendant he said appeared to be badly hurt, had him removed was suffering from cramps--that is a fire to the Government Civil Hospital where he man's disease. Witness found no signs of expired from a fractured, skull an hour after cramps on him, but gave him some medicine admission.
|
Leung Sing Wo, the petitioning creditor, who stated that he was a trader living at 24. Lower Lascar Read. The Ching Hop firm was when he asked for payment on the 7th June indebted to him in the sum of $19.913.30, and he was told by Li Wing Chau, the masters day. Subsequently he went to see him that he had no money to pay anyone that and said, "I hear that the foreign firms are weighing out your cargo; you must pay mie money." Debtor replied "At present have not got the money. People were pressing him wished to take delivery of the man's cargo of old iron and horse shoes, lying in the godowns, he questioned him about it and debtor replied "I owe people 5163,000. When asked what the value of his goods were he said he had some $50,000 worth. People awed the amar money to the extent of more than $70,000 of which debtor thought he would be able to collect $30,000. Witness suggested that the officials be asked to distribute the sum, but debtor made no reply.
that this debtor has given notice of the suspen tion of payment of debts. I ask you to come
to one or other of his creditors that he had
suspended payment.
His Lordship. You want to argue against my interpretation. My interpretation is that the meaning is, "If you press me, my debins being so much, and my asses so much I shall be obliged to divide it among the creditors,
On the application of Mr. Beavis, Mr. G. H. Watenian was appointed Receiver.
A discussion then ensued concerning the payment of costs, and his Lordship eventually observed that it was really a small matter and should be mentioned to the Registrar and if he had any doubt about it it could be men-
His Lordship did not consider that this was an act of bankruptcy as no notice of intention of suspending payment had been given. It was lait down in the Court of Appeal that the state- | tioned to him again. ment by a debtor that he was unable to pay his debis was not notice of an intention to suspend payment. In the present case the creditor went to the debtor and said "Pay,me," and the ma replied 'I cannot pay you." That was not a notice of suspension of payment. .
Mr. Beavis pointed out that the particular section of the Ordinance prescribes that notice shall be given to any one of the creditors, but does not stipulate what form of notice.
His Lordship reminded him that the principle, of all cases sett'ed was that there must be an expressed notice of intention to suspend payment, and one might be able to construe a statement of inability to pay debts as such if i was strong enough. There was nothing that he could see in the statement in question.
Mr. Beavis The debtor is represented here, my Lord, and there is no question as to his anxiety to pass through bankruptcy.
His Lordship. That is not the question. pends on the construction that the creditor put Mr. Deavis. It seems to me that much de
on the words debtor used to him.
His Lordship-Theit is nothing in the words actually used amounting to an intention of suspension of payment of debts. All debtor says is "I cannot pay my debts."
'THE FILOT' CASE.
MAGISTRATE'S DECISION.
At the Magistracy this afternoon Mr. F. A. Hazeland gave his decision in the case in which Captain Lawlor, licensed pilot, was charged regulations of the Harbour Master in the wa with negligent navigation and infringing the
iers of this harbour, on the 19th March last.
The decision was as follows-
The defendant was summoned before me for that he on the 19th day of March, 1905, in the waters of the Colony, being a licensed pilot under Ordinance No 3 of 304, and in charge of the Slavonia, unlawfully did infringe a regulation made by the harbour master under section 4 of that Ordinance, and published in the Government Gazette on the toib June, 1904, namely, regulation No 5, and that he failed to use his utmost care and diligence when bring- ing the said ship up to the No. 1 wharf of the Godown Company to avoid accident or ship struck the No. 2 wharf and becam damage to the said ship, whereby the said
damaged thereby. The first question for my decision is ns to -when the duties of the pilat under this Ordinacne ate at an end. The
tracted so that she cannot dream of con- 34, QUEEN'S ROAD CENTRAL,quests in the Far East for fifty years to comic. If the result of the settlement proved that Russia's aims were merely thwarted and not absolutely defeated for the next forty or fifty years Japan would be in a worse position now than she was before the war began. was found floating in the sea off Shaukiwan was of opinion that defendant was perfectly term be has to use, to make use of a correct next question to be decided is as to whether the
1ST FLOOR.
BEER
PILSENER.
CROWN LABEL.
$13.00
and told him to report if he felt unwell. He did not dose however and said nothing further about it stil the ship arrived in this port, Witness a
words "I will not pay my debts?"
Mr. Beavis. Supposing he had used the
His Lordship. That would be stronger. Mr. Beavis. Of course, it is hard to expect debtor, who is not aware of the particular
master of the Slate said in his evidence that he employer the defendant to bring his ship up to the wharf, but I am of opinion that the defend int regarded himself in charge of the vessel when she was drifting on to the No. 1 wharf. In the absence of any contract as to the express duration of the ser vice, I am of opinion that a pilot engaged un- der this Ordinance is in the same position as a pilot when the pilotage is compulsory. The
defendant was justified, considering all the cir
·His Lordship.—No. It never was intended cumstances of the case in bringing the ship in
OUR readers will remember that on the 21st ulio, the dead body of a young Chinese woman
| fit to do a six hours' duty. It was the practice expression, de
and was subsequently idemtified, by the mother, for men to do extra work in case of necessity,
information at his disposal he was quite
Japan would have to repair her injuries, in crease her resources, building up an effective defence against any possible onslaught, and at the same time keep à wary eye on Russia. | With Russian aspirations crushed for fifty. previous evening when she last saw her daugh was sick, and other evidence having beention is, what has he done, or what will bring him bows est, am also advised that there
ter she was wearing hairpins, bangles, ring, no evidence whatever of cramps, while there
given flis Worship concluded that there was within the Act if the creditors choose to act? was an undercurrent which caused the ship years the peace of the world in the Far East
Mr. Bearis-1 think it is not unlikely that key-chains, and earrings, all of which had
the statement actually made might be translat
as that of a boatwoman named Shek Kau, who especially in the fire department. A fireman that a person should deliberately go and bring bows first. I am advised that in view Justi plied for passenger hire at night, the mother on the Egremont Castle said the defendant himself within the Bankruptcy Act. The ques-fed in bringing the ship alongside the wharf plying by day. The mother stated that on the
tenced two weeks' hard fabour.
CANTON NOTES.
[From Our Own Correspondent.]
Canton, July 5th, 1905.
FOURTH OF JULY.
on Shameen were at half-mast.
BANK FAILURES.
Mr. Beavis.--1 don't know whether there is any particular Chinese expression which means "1 give notice of my intention to suspend pay ment of my debts,"
to drift. I am also advised that there is no at least should be assured for half a century disappeared. The girl's boat was subsequently was of refusal of duty. Defendani was sen.
method at present available for forseeing such and Japan, who has fought the colossus of found on the beach near Shaukiwan, and on
ed to mean '1 will suspend payment. an undercurrent. The next question to be decided is as to whether the drifting of the the north single-handed, and thus deserves to examination one of the earrings worn by the
His Lordship. Ub, no. I went very carefully ship on to No. 2 what was due solely to the reap the fullest reward, should exact to the latter when last seen was found in the bottom,
into the matter and asked Mr. Goldring to delay in getting out the stern line, in not heav
ing in on it when fast, and to the fact that it uttermost such conditions
analyse what the man had said. as will, as
of the craft. The matter was taken under far as human eye can foresee,
detective investigation, with the result that
was foul of the bollards. I am advised tha ensure
live. Mr. Unsworth in his evidence stated the answer to this question is in the affiroz. a solid and lasting peace.
one Chung Fat, an alleged lover of the "If peace is
deceased was arrested on suspicion of having
that the launch had to wait ten minutes tnade upon other conditions," says a writer murdered the girl. Evidence of tie arrest was,
for the stern line and that there never, in the after showing that Japan can taken before Mr. F. A. Hazeland this morning
His Lordship. In this case the debtor said, seemed to be any strain on the stern line before only hope to crush Russia in the Far East, and at the request of Inspector Robertson, who
"At present I have not got the money. I have wated in his evidence that the ship struck No. 3 she struck. The master of the steamer The Fourth of July passed off very quietly in been pressed by the creditors." Then the man wharf before the stern line gaton to No. I wharf because it would be impossible to threaten has charge of the case, the further hearing was Canton. The death of the U. S. Secretary of Russia in St. Petersburg-" If peace is made djourned for a week.
State put a stop to all public fonctions. The made a statement as to his debts and the crediI am of opinion that the defendant was in no reception at the Consulate-General was can- tors suggested that they should be officially dis-way responsible for the delay in passing out upon other conditions not sufficient, to en- THREE chair coolies were charged at the ins-celled. Preparations were being made for a
tributed; He proposed that there should be the stern line, for its being foul of the bollards, sure peace for the term mentioned it can tance of Mr. Paul Urecht, manager of the firework display in the evening, but these were not reply.
some sort of an arrangement, but debtor did nor for the failure to heave in on that lies. The ship having got into this position, was of only be called a lengthy armistice." Japan German Club, in Kennedy Road, with behaving stopped. Most of the flags in the harbour and
was not the proper matœuvre to have backed cannot afford to employ her national re-
in a disorderly and riotous manner outside the
Mr. Beavis. Supposing the translation had our? I am advised that to bare backed cut club last night. They were also charged by sources without being sufficiently compensa another chair coolie with assault. When placed.
been instead of the words "I cannot," "I will under the circumstances would have beau a red for her action. The iji, however, hefore Mr.G.N.Ome this morning the evidence
not pay may dahits." I believe that in Chinese proper magasuvre, but there was nothing Some days ago, I reported that many banks there is no present or future tense. Coupled dant. I am advised that there is a improper in that executed by the defen- doubtsthe sincerity of Russia's readiness to showed that Mr. Ulbrecht heard shouting and had failed or were going out of business owing with the statement that his assets amounted to danger, if the ship had gone astern, of accept terms of peace. Anything to distract | noises of striking bamboos together, and on to hard times. I have now ascertained that no so much and his liabilities to so much, I think her head capting to starboard, alter · she the attention of the people at home, is going to investigate found about ten or a doren less than forty-eight banks have either closed, His Lordship. That brings us a little No. 2 wharf, in which case the collision had gathered steinway and colliding "with Russia's cry; anything to divert attention chair coolies engaged in what appeared to be a or will close before the end of the year closer, I admit. A little closer, but not very with the wharf would probably have been more from the doings at Odessa, Moscow and half free fight with bamboo poles. He sent for the These banks, .. these that have not yet
vintent than it actually was. With respect to police and on the sergeant's approach they all closed, have given up business and are Mr. Beavis.And also the future statement the question as to fenders not having been got a hundred other places in European Russia. bolted, the three defendants alone being secur only keeping open to collect and pay ac that the foreigners were weighing his goods. over 1 am of opinion that it was no part of the It is therefore incumbent on Japan to negoed. The assaulted man said he and his com counts. Only five of these forty-eight banks The three statements together certainly lead to defendant's duty to have done so as the getting tiate for the terms of a basis of settlement, rade had just dropped a fare, at the club and are bankrupt. The total deficit is not farge, make it a stronger case.
over of fenders is not an act of navigation. If find, as a fact, and am so advised that the de... while she still pursues her victorious career after being paid were about to return to their being between one and two hundred thousand His Lordship referred Mr. Beavis to a case { fendant did net fail to wao bis utmost case and on land, pushing home her blows until the stand on the Praya, when the second defendant dollars. One chief reason for the hard times is alleding to the sending to the creditors of a diligence whilst bringing this ship to the Russian army in the field is worn out. How called out "beat the Hakka men," and he and the failure of the silk crop in Shua Tak. The circular stating that financial difficulties made wharf. My finding is therefore for the defen- pessimistic the Japanese vernacular press is about ten others came at them with bamboos very cold wet weather in the beginning killed it desirable for the writers to consult with their dant, and I order this summons to be dismissed. on the prospect of peace may be gauged by and commenced belabouring them, so that many of the worms and the mulberry leaves creditors as to their position and asking to be
SHIPPING AND MAILS. complainant received a cut, four inches long, this sentence "Whoever may be chosen as on the scalp, and other wounds on his head, the Japanese Plenipotentiaries for conducting face, and body, necessitating his going to is very low, and the quantity is not nearly up to the proposed peace negotiations it matters hospital for treatment. His comrade was also little, as the negotiations have meagre prosbeaten all over the body, but he prefered no pect of success." And again" It is useless charge. Both the beaten men appeared in to listen to the irresponsible talk of peace. Court looking as if they had indeed met with That this view is not singular, is clear from very severe handling. The first defendant was
fined $15, the second $25,
$25, while the third, the fact that the Marquis Ito, though repeated against whom there was insufficient evidence. [33-1 ly pressed by his Emperor and his peers to re- to secure a conviction, was discharged,
Per Case of 4 Dozen Quarts.
$19.50
Per Case of 8 Dozen Pints.
Hongkong, 16th June, 1905,
far.
not up to the proper standard. Consequently furnished with an account of the amount ow the silk is of an inferior quality and the price ing. That carried the matter a little further A ruling by the present Lord Chief Justice the normal.
carried it even further, for he held that a state- ment by a debior that he was utterly, penniless, could not pay anybody, and, had lost every thing, was an act of bankruptcy...
SHOP CLOSED.
A shop in which some Japanese were carry ing on a kind of a restaurant near the steamer landing has been closed by the Viceroy. Some Japanese girls were kept in the shop and the plea of the officials was that the morals of the Chinese were in danger,
Mr. Beavis directed his Lordship's attention, to the judgment of Lord Esher in re Cooke where the case of re Lamb was also considered.
was laid down that in considering the ques...)
THUST
MAILS DUB, E Indian (Zairing) tmh insti American (Mongolia) 11th inst. French (Tonkin) rith inst, van Canadian Athenian) 18th instr American (China) 19th-inst
The P&O. S.. N, Ca's 23, Mazagon lett The O. S. S. Ca &C. M. 5. N. Ca's 63. Singapore for this port on 5th inst, at 4 pro Kremus left Shanghai yesterday at noon, and is'dup bere on toth lost, at 5 pm