·
A
MORE HOTEL SECRETS.
THE HONGKONG'S" DIRECTORS GIVE EVIDENCE.
JUDGMENT FOR THE HOTEL COMPANY.
24th Inst.
The case of Ernant Wobifarbi, chef, against the Hongkong Hotel Company, concluding for $1,000 damages for wrongful dismissal, was continued in the Supreme Court to-day-His Honour Mr. A. G. Wise, Pulsne Judge, on the bench.
Mr. R. F. C. Master, of Johnson, Stokes and Master, represented the plaintiff, and Mr. H. W. Looker of Deacon, Locker and Deacon appear. ed for the defendant firm.
As at the previous hearing there was a large number of Hotel servante in attendance. Mr. E. Oibare, chairman of the board of directors of the Hongkong Hotel sat with counsel, The case for the plaintiff was closed at the last slicing.
MR. OSBORNE IN THE BOX.
Mr. Edward Osborne was the first witness called for the defence. He stated that in March 1903, he went to England, being empowered to engage a chef. He had an interview with the plaintiff which occupied three quarters of an hour. He explained that they did not want Biman to come to Hongkong to cook because the Chinese staff was quite capable of that, but they wanted a chef to look after the Chinese and to keep them up to the mark. He spoke of the life in Hongkong, the heat of the sum mer, probably the opposition of the Chinese, and every ot..er drawback he could think of. He said that the chef would be under the direct orders of the manager, but so long as he per- formed his duties satisfactorily he would be left alone. If he did not fulfil the expectations of the directors he would be told so, nad if the dissatisfaction continued, he would be di missed. The plaintiff was appareatly anxious to come and he was engaged. He was special- ly careful to tell the plaintiff that he must give satisfaction otherwise he would be dismissed: and a special clause to that effect was put into the agreement.
Did the plaintiff clearly understand that he must give satisfaction otherwise be would he dismissed-He clearly understood it; he said
80.
DIRECTORS DISSATISFIED.
The chef arrived in September and the wit ness in March.
When you arrived did you find that the directors were satisfied?-No.
Did you discuss the matter?-Several times. He watched things for two months and found that in, his opinion the food was not im proved; the service was the sanse. With the exception of a few sauces he did not think there was any improvement whatever. He allowed things to go on till the winter. The dis- satisfaction continued, and the matter was discussed at various meetings. Messages were sent through Mr. Haynes to the chef.
NO SUGGESTIONS.
Did the chef attend the Hoard meetings When I returned I suggested that he should attend the Board meetings in order to make suggestions.
Did he attend?--Yen.
Ever make a suggestion? He never made a suggestion; never make a remark.
In consequence of that- In consequence of that we stopped him attending.
Witness continued to explain that complaints were made about the chef, and suggestions were sent to him, but he ignored them alo. gether. The directors asked him (Mr. Osborne) To investigate matters personally. Every day at I o'clock at tiffin time he saw the raw food which the chef had bought and passed. On several occasions he found the raw food unfit for eat: He pointed this put to the chef, but the raw food still continued. This broadly ex- tended to all the market provisions.
CHEF IN A PASSION.
IN THE KITCHEN.
THE HONGKONG TELEGRAPH, SATURDAY, JULY 29, 1905.
When you started going into the kitchen- -I didn't go into the kitchen.
You said you went into the kitchen?—I raid 1 went into the kitchen use a week,
How far did you go towards the kitchen? The kitchen is on the top floor.
Where did you go to see the food?-To the frosh provision room.
Where is that?-Op the first floor. ed by the chef when you saw them-Some. The rovisions you saw, had they been pass times they had.
+
CARROTS,
You didn't examine each carrot separately, did you?-No, I didn't examine each carrot.
What do you know about carrots 7-What any ordinary intelligent man knows and no
mare.
You are not an expert?-No.
Would you back your opinion against an expert of 19 years' experience in cooking vegetables?-Yes, as far as an intelligent man can go,
What is your opinion as to carrots ?-What to you mean by carrotsi
As to the age of carrots?-My opinion is as good as the chef's as to the age of a carrot.
How do you do it?-Any fool can see. whether a carrot is old or fresh.
What was the matter with the carrots ?
They were overgrown,
A DONUS FOR THE CHEY.
On the 6th of April you gave the chef a im? Is that right I think it shows the bonus. Yel you say you were dissatisfied with consistency with which the directors have trea!- eat the chef, while complaining about the qua- Lty of the fead, and the service of the dining om, they were perfecty, willing to recognise always recognised that they were extremely what he did at the private dinner parties. They well treated, and to encourage him we said that nu those private dinner parties we would make him this bonus, bat as to the general dining room we expressed our dissatisfaction.
A DIRECTOR'S FRIENDS,
Osbome was friendly disposed towards the A question was asked as to whether Mr. plaintiff.
"I am not in the habit of making friends of subo dinates in the Hotel," said Mr. Osborne.
The dismissal of the chef was due to the dissatisfaction of the directors with the plain tiff, and not to the row with the acting mon- ager. But the one coming on top of the other rather hastened matters
Re-examined by Mr. Looker-Do you think it was possible for him to make improvements in all the things you wanted?Yes, it was quite possible, if the man knew his work.
He was not asked to do anything impos Bible?-Not at all
Witness said there had been no improve. ments since the plaintiff came to the intel
THE GODOWN. COMPANY.
the Godown Company, are the Godown Com- With releience to my friend's remark about
Hongkong Hotel ?-Yes, they have sanctioned pany aware that you are a director of the
it...
Have you had any experience of vegetable growing I have, in a private garden. How many year?-Fifteen years. Do you grow vegetables?—Yes.
Do you consider the carrots and the provi in the preparation of food ?--I don't think they sinne you used to see were fit to be employed were fit to be in the Hotel. They were over grown Chinese things.
The witness could conceive of nothing more serious than for a chef to be confronted with rotten food.
MR. PARFITT'S EVIDENCE.
If you were dissatisfied with him at all why give him a bonus?--We were satisfied with the special dinner.
Was there ever any discussion at the Board meetings, while Mr. Parfitt was in England, about dismissing, the plaintiff)-There was some discussion once.
CAPTAIN BOUGOUINS TRIAL:
TEXT OF JUDGMENT.
The Japan Herald says the following is a full charges against Captain. Bougould and Maki translation of the judgment delivered in the
Don't you think if there had been no row with the acting manager that the chef wouldKQ. have finished his three years' service-No, 1 fancy not.
T
1
WAITING FOR IMPROVEMENTS..
During the whole time the plaintiff has been in the Hotel have you not noticed any imp-ove- ment in the food I cannot say I did personal ly, I know that before Mr. Osborne came back Mr. Polts and myself sat at the same table and we were always wondering when the im provements were to begin,
Mr. A. F. Davies was called. He stated Haynes left for England. that he had been acting manager since Mr.
HISTORY OF THE ROW. Come down to the 26th of May. Tell us so what happened then-On the evening of the 26th of May about dinner time I went to the fresh provision store and Wohlfart was there with the compradore. When I walked in he seemed to be very excited. He said "What's this about soused fish? I will be soon show you, you be that you cannot came into my kitchen," I looked a bim and walked away. compradore and he came back and said-"! About a quarter of an hour later I spoke to the will b-soon show you, you b, that you can't do what you like here." Then I spoke to him suspend you." He said "You be fool, you for the first time. I said "I bave had enough of this, chef. i you say another word I will can't suspend me." And I said "You can now consider yourself suspended." He snapped you walked away. This occurred in the his fingers and said "I will take no notice of presence of the pantry staff.
By Mr. Master-What experience have you in hotel management?-Ten years in St. Leonards, Windsor, London and other places.
GENTLE REMINDERS.
Were the complaints made against the chef of a serious character? They wouldn't have been made if they hadn't been serious.
Tell us about some those complaints
Bad fish, bad food, bad vegetables.
Were they not more in the nature of re minders than complaints-I don't think so.
Haven't you laughed with the chef at the triviality of the complaints?- have said Whether you consider the complaint trivial or not it is the complaint of the directors," and I advised him to carry them out. trivial?—I can't say I did.
Did you consider soms of the complaints
WHAT IS A SERIOUS COMPLAINT} What do you consider a serious offence-
there is ground for complaint, sauce-If the sauce is not properly prepared that there was not enough parsley in the
plaint.
Is that a serious complaint P-It is a com llow often have you got messages for the chef?-Pretty well after every board meeting,
You always gave those messaget to the chel? -Yes!
GOOD FRIENDS.
...
didn't feel inclined to carry out the instructions Were you on good terms with the chef Very good. We had little disputes when he he received.
before you became acting-manager?—No.
Were you not on better terms with the chef You didn't get on the high horse when you became acting manager-Not at all. plaintiff as you used to be?-I am not on any You are not on such good terms with the ierms with him at all now.
Had you words with him before 28th May?
Mr. Parfitt, another director of the Hongkong De gave evidence as to the dissatisfaction of flotel Company, was the next witness called.
satisfied" with the chef's work. When retura. the directors and aid they were "ather is-Only at odd times. ing from England this year he received a letter from Mr. Usborne speaking of his dissatisfac-. tion with the chef. It was evident from that letter that the dismissal the plaintiff was con
Did you continue that to the end?--I contemplated The natter was under constant tinued it till one day he flew into a passion and discussion and Mr. Osborne was deputed to practically told me I knew nothing about it. personally investigate matters. The dismissal He was told to attend at the Board meeting of the chef was due to dissatisfaction and not and ordered to accept my decision of other
to the row with the manager. The directors, steps would be taken..
however, were indignant with the chef over his behaviour towards the acting manager.
Witness explained why the complaint book was started. Complaints were made about the way the food was served, but practically no im provement took place.
He was dismissed on the day after the row with Mr. Davies ?—Yes.
Was that dismissal in consequence of that row or in consequence of previous dissatisfac tion?-In consequence of previouu dituatisfac tion.
COMPLAINTS.
Was there any reason for sending your mes aages through the Hotel manager?-Because the staff is under the direction at the manager, What time of the day did you carry out these investigations at the Hotel 7-About five minutes past one.
Did you consider the chef carried out his duties according to his instructions?-He failed to carry out his instructions and failed to do what he was engaged for.
Were specific complaints made to him at the Board meetings? Yes, there were specific
complaints,
Cross-examined by Mr. Maste-Have you aver worked in a Hotel ?—No,
How long have you been a director of the Hongkong Hotel-Since 1903,
You occupy some other positions in the Colony ?--Yes.
Secretary of the Hongkong and Kowloon Wharf and Godown Company 7-Yes.
Are you in the babit of personally superin tanding the cooking ?—No."
A PERSONAL QUERY.
How much of your time do you giveļte the Hongkong Hotel suppose ten minutes a day, at tifin time,
Has the amount of attention you have given to the Hongkong Hotel called for any com. ment from the shareholders of the Hongkong and Kowloon Wharf and Godown Company - I cannot say.
The plaintiff says that when you returned to Hongkong you shook hands with him and complimented bim on the improvements he had made; did you do to 7-1 probably shook hands with him and said "How are you," but I didn't compliment him..
Did you tell him the directors were dissatis- Bed! It wasn't my place to offer any comment on his work.
Wouldn't it have been reasonable to do so? Certainly not.
NO COUPLIMENTO,
Did you see any improveine as the result of the chef's work?-No appreciable improve
ment.
Was there any improvement in the service?
None.
"UNFIT FOR FOOD,"
in the complaint book you said there was certain food served up that was unfit for food? -Absolutely.-
That occurred before the complaint book was started?-On frequent occasions.
If the chef had been civil to the manager it dismissed on the 1st of June. The chef had was not probable that he would have been been warned that the directors were dissatisfied with his services. They complained of bad fish, badly-cooked vegetables, and so forth.
NEW DISHES,
By Mr. Looker-The chef has told us that he laught the Chinese a tremendous number of new dishes. Did you notice them during the first
six months?-Better or worse?
New dishest noticed some
noticed three or four entrees, and three or four A lot or a few7-1 think I might say sweets, and perhaps two or three preparations of fish.
When you returned from England did you see any more new dishes ?—No, I didn't notice
any.
MR. POTTS'S EVIDENCE
Mr. Potts, director of the Hongkong Hotel Company, spoke to the arrival of the chef in Hongkong. The board had been very dis satisfied with the chef's work, even after he had only been a few months in the Colony. The matter was discussed at every meeting and the directors were constantly giving in structions to the chef through the manager. Ho saw no improvements in the service or pro- paration of the food,
When the chef was dismissed was he dis. missed solely as the result of the row with Mr dissatisfaction?-On account of the previons Davies or through that on top of the previous dissatisfaction.
A FRUITFUL TOPIC.
By Mr. Master-You often discussed matter of the chef at the Board meeting almost every meeting.
the
At
Did you intimate your dissatisfaction to the chell-Yes.
SENTENCE.
211
must be kept as long as military plans possi- | since May soth, not even the Japanese with ble (E) The Siatements Nos. 5 and 6 deal whom he had formerly been in business. “Al-- with composition of forces, the date of their then, h the Court promised protection to any departure, their destination and the method of witung interpreter, Captain Bougouia could keep secret the movements of such forces. Its been able to speak French he would have been transportation. Every belligerent must try to find nogs. If two of his advocates had not statements considered thus far come under the Even with the aid of bis lawyers he could gain disclosure is bound to injuro Japan. All the quite incapable of presenting his defence. purview of military secrets."
no cognizance of all the documents offered in evidence by the prosecution.".
The accused in his defence contends that a Alexandre H. S. Bougoula, Captain (retired) portion, at least, of the secrets are no longer of the French Army, citizen of the French Re-secret, since they were written in newspapers, public, domiciled at No. 6, Akaskitcho, Tsukiji, known to the public, and by the time his dit Klobashi-ku, Tokio, and agent for manufac patches reached Pails, they were obsolete. It turers and firms, aged 54.
must be noted that occasionally a feature or Kanagawa-ken living at No. 8, Shiba Park, be known in a casual way by the public, pr Maki Ko, a boimin of Miure-nori, Yokosuka, features constituting a military secret come to Tokio, commercial employe, aged 45.
sometimes through inadvertent writings in In connection with the aforementioned men, newspapers. But as a rule they do not dis the Preservation of Military Secrets, the Court elements. This boing the case, it by no means charged with the infringement of the Law for close the whole organisation, or its constructiva adjudicates, in the presence of Procurators follows that the matter loses its character of a Anju Tokhitaro and Ochia! Yoshizo, and sen- secret. As to the contention that when the tences Alexandre H. S. Baugauin to 10 years' information got to Faris, the secret was lost, penal servitude and Maki Ko to 8 years' penal it is apparent that beyond the more or less servitude. The articles seized are returned to mitigation of injury resultaat upon publica- their respective owners.
tion the matter remains the same. Whether a military secret was detected or not must be wise what constitutes a military secret. The ascertained at the time of such detection, like accused's plea, that it must be determined by result, falls to the ground.
(3) As regards the question whether the accused detected the military secrete himself, accused maintains that he learned them from other people, or saw them himself, or Teamed them through newspapers and Maki Ko, there by guess work, and not detected, upan drawing his deductions and arriving at data. He forwarded his intelligence as such, But (1) Exhibit No. 861 (copy 3) page 67, con- tains a statement addresied to General Hore-
FACTS AND REASONS.
by the Japanese Government as a military in The accused Bougouin was once employed structor, and subsequently he acted as military attaché in the French Legation, of which post he was relieved later on and returned home, |ot Meiji (1893), and started a commercial and He came out to Japan sgain in the z6th year manufacturing agency.
From about August last till the 5th of May in the course of the war. His act is of a grave last, he added to his calling that of correspon dent. Ha undertook to find out military recrets
nalare.
THE CONFISLATION OF THE "INDUSTRIE"
PRIZE COURT'S DECISION.
of the Sasebo Prize Court in the case of the The Otaka Mainichi publishes the decision German steamer Industria, which was recently captured by a Japanese war-ship off Korea The owner of the steamer is stated to be Mr. Bloch, a German resident at Tsingtao. The following is the Court's decisiun
"The teamer Industrie is conficated "The meamship Industrie was owned by the petitioner and registered at the port of Ham- vage and towing business under the German burg, Germany. She was engaged in the lag. On February 8th, 1905, R. R. McDermid, an American citizen and the proprietor of the China, chartered the steamer at Shanghai from Daily Nner, a paper published as Chafoo, the petitioner for use as a dispatch-boat, for a Shanghai taels per month and Adolph Ban sier, German subject, joined the steamer as a term of three months, at the rate of 1,500
charge of Bannier, left Shanghai for the pur war correspondent at a monthly salary of $400, "On the 19th February fast the steamer, in
McDermid. The sleamer reached a point ag pose of watching the movements of the Japanese feet and cominunicating the result to the Russian authorities through the said last. She returned to Shanghai on the 15th of miles south-west of Tsushima on the 3rd March the same montb, and again left on the rgth, calling at North Shoan leland, Korea, on the Quelpart and Anderson Islands and the waters 23rd. She cruised in the neighbourhood of thereabouts until the 27th. At daylight of the Kutoku Island, and found Japanese warships a7th the Industrie proceeded to the vicinity of assembled five miles east of the island. After the warships, the Industrie was proceeding to taking observation of the types and names of
when she was chased and scised by the Japan Fusan for the purpose of telegraphing the particulars of the discovery to McDermid, ese cruiser Kasuga two miles south of the samic island, at 3 p.m. on the same day: She was seized on suspicion of scouting the move- ments of the Japanese fleet and communicat. ~
lized. He ordered Strange, who was living can be imagined, to collect correct information,
1 On or about the art of November last, he learned that the division was being mobiux, that it is very difficult, mere difficult than private code to a Frenchman by the name of No. 7), from pages No. 4 onward, contains with him, that day to cable the matter in a
and that "I am one of those who are able to detect secrets well," etc. (2) Exhibit 861 (copy Ketchal (1. Cairial) living in Shanghai, who letters addressed to Da Labry, saying that the cabled the information to the Puit Parisien.
sent northward. This fact the accused sent by sent to Nagoya on a commercial errand, but On the 30th of November last, again, the accused experienced great difficulty in detect division landed at-and a cavalry force was in certain item. (3) Maki Ko's evidence letter to the same journal.
in Court shows that ostensibly he was was ordered to report on military matters as they came to his notice. This shows that himself admits that be learned from the others, the accused detected secrets, (4) The accused also that he collected information from news that the-division had arrived at Liaoyang on
3-About the 10th of February, be learned therefrom. He also collected facts pertaining papers and saw himself, drawing his deduction the 26th January, that the--division proceeded to military matters, thereby constructing a northward at the end of January, and that comprehensive analysis. This process may be fact he communicated, on the same day, with military secrets. All this evidence and the ac- finally the same division arrived at This put down as a certain means of finding out the mail belonging to the French Embassy in cured's own statement show that he was en ting the result to the enemy. Japan to Capt. de Labry, of Paris.
gaged in detecting military secrets.
a.-On the roth January, 1905, the-division proceeded northward by railway, which fact he learned about the 25th of the same month. U the same day he sent on the information by letter to the same journal,
4.About August of 1904 he learned of the
On the 13th of January he communicated the composition of the guns with the Port Arthur, investing army, their description, number, etc.
secret to the same officer by the same means.
5.-About the 10th of February last, he learned that-body was newly organized, and for the purpose-regiments were drafted to Tokio, and were leaving for the seat of war; also that regiments were being mobilised at Sendai and were leaving Yokohama by the str Tamba-mars on 28th January, and regiments
secret he communicated by the name means as were being organized at Nagoya and ware leaving Taketoyo about the same day. The
above mentioned.
6-About the 15th April of the same year, he learned that at Hiroshima-was organized and on the same day he sent the information by letter to the same man. About the zoth Japanese transports passed--which fact he April he learned that on the 19th April 30 communicated to Ketchal (?), in Shanghai, who cabled the same the said Labay. Again, on the 5th of May he learned that the transports carried--which forces went to- On the same day, he communicated the in- formation, by letter to the same parties.
The accused Mahi Ko was employed by the said Bougouin, and in February, icos, he went to Nagoya in order to report upon military secrets, fully knowing for what purpose the information was wanted. At Nagoya he found Has the plaintiff assisted you in dealing with the same regiments had embarked on board regiments were being drafted and learned that the Gbinese staff?-Yes, he has assisted me in transports at Taketoyo, getting the menus ready and so on.
e reported the Has he assisted you in any other way?-facilitating his work, and contributing towards same and other items to Bougouin, thus don't think he has been called upon to do so. his crime.
As far as you know, how does he supervise the kitchen?I don't know ; I never went into
should be taken out of the kitchen?-No
· Did you give orders that the frying pan How often did he use the word b Three or four times, I cannot remember.
Since you have been in the Ilotel has there meal?-I was not there before the plaintif been any improvement in the kitchen depart
THE CHINESE STAFF.
the kitchen at all.
Did you ever complain to the directors about The plaintiff-Never once. Never at all-Never,
What is your opinion about the plaintiff He is a very good chef.
The witness could conceive of nothing more serious than to say that the food was of bad quality,
counsel addressed the Coon,
The case for the defendants was closed and
and the causes
THE JUDGMENT,
:
|
(4). The accused contends that, in trying to that (1) the allegation that the Daily Nates was The attorney of the petitioner maintained
the public and published in newspapers. But was a temporary employe of McDermid, and find out military secrets, he did not believe that subsidised by the Russian Government was they were secrets, since they were known to groundless, and be repudiated it. (1) Baunier (1) Exhibit 861 (copy 31), page 67, says (letter was a war correspondent, his duly being to im to General Horeaux) as the censorship is partially observe the movements of the Japan- very severe, when important information is ese as well as the Russian fleet. He was not received, it will be sent on to Shanghal by acting as a spy in the interests of Russia, nor post and thence wired. This, in my opinion, is was he scouting the movements of the Japan- the most advantageous plan." (2) Page 141 of ne fest in the interests of Russia. (3) The proprietor of the Petit Paritten that cable-out bis steamer as a scouting vessel for Russia the same copy book says in a latter to the petitioner, owner of the steamer, did not hire grams will be sent on from Shanghai, and In particular, the allegation of the Prosecutor the censorship will thus be eluded, (3) that a contract was signed between the owner On page 197, in a letter to Kelchal ( Caissial) of the steamer and General Dessino for the a private code giving an account of the divi transfer of the steamer was quite baseless,, (4) sion's departure is given. (4) Exhibit 861 The profession of a newspaper correspondent (copy 31), page 27, contains the account of the was a business of public interest, and his ac said division's departure described in the said lion in reporting the operations of the cam private code,
ought not to be confiscated, except where such paign was not a violation of nautral obliga. tions; (5) The steamer of neutral country a vessel is engaged in the transport of contra band of war or runping a blockade. Where a newspaper dispatch-boat is to be confiscated on enemy the charge must be proved by undeni the charge of having acted in the interests of the able evidence, but the charge against the evidence. The steamer being an innocent steamer in this case vessel of a neutral country, should be released. not supported by such
is that the steamer in this case was apparently The view of the Prosecutor, in substance,
charged with the duty of scouting the move- a common dispatch-boat, but in reality she was
contract between the Russians and McDermid... ments of the Japanese fleet and reporting to the Russian authorities according to a secret
fiscated. The steamer was, therefore, liable to be con
code, thereby eluding the censorship. Exhibit This shows the accused utilized a private 861 (copy 7), page 6 onwards (letters addressed to De Labry), says great difficulty is encounter ed in furnishing still clearer accounts and that 77 onwards of the same cepy book (letters to the party isnbserving great secrecy, (6) Pages the same individuat) say the accused is carry. ability, but feels great difficulty in obtaining ing out his instructions to the best of his information, etc. Funher it is stated that limited to strategicallans and organization, "elegrams to be sent from Shanghai are
vey such matters as the sinking of the Yakima and telegrams to be sent you (De Labry) con. and the Takasago, which are kept secret in intention of reporting strategical plans and Japan." This shows the accused bad the organization, Moreover, the accused is a his professional knowledge that he did military man and it does not agree with
therefore follows that he detected military not know what constituted military secrets, It
secrets as such.
country, who endeavours to ascertain the mili of international law that the subject of a neutral, "It is generally admitted from the standpoint
gerent, is acting in violation of neutral obliga. tary affairs or secrets of one of the belligerents and communicates the result to the other beill. ion, and a vessel employed for such service is liable to be confiscated. The attorney of the peti tioner maintained that the steamer in this case was a dispatch boat engaged by the Daily New led by the Russian authorities, as alleged. of Chefoo, and that the journal was not subsid The correspondent of the journal, in the axe- the movements of be h the Japanese and Rus- cution of his duty, was to impartially observa
the journal in question is a small paper, that it sian fleets. This contention, however, cannot be accepted. It is an indisputable fact that of the present war, that its financial position will not permit of it fitting out a dispatch-boat was started simultaneously with the outbreak
wilfully publishing news disadvantageous without outside financial assistance, and that it has always been defending Russia and aminailon of Bannier, contales the follow to Japan. The minutes of the third ex ing passage-lo answer to a question of Councillor of the Prize Court, Do you believe that the Daily Newer is a Russian
small paper, as pointed out by you. say that it is not receiving a subsidy from mouthpiece Bannier stated, Until now sidised by the Russian Government. Idd not know it. The parer may be sub It is a I cannot
would have been communicated to the Rus Russia In reply to a further question, sian Consol at Shanghai or Chefos, and Bannier stated, I think news sent by me
the accused Bougouin, the fact of his ex (1) Of the evidence adduced, and shown to
information alluded to are supported Arst by perience and the proof of kis having given the his own admission, and secondly by Exhihit is written the preceding information supplied. abroad it is obvious at least, that, apart from No. 861, (copy book No. 33, page 37) in which
(5). Since he communicated the secrets meat No. 2 is entered. On pages 36 and 75 the item covered by state- (copy No. 7), pages 55 to 17 contain the mat. Exhibit No. 861
other auxiliary objects be may have had in view, his one object was to communicate the secrets tar in Statement Ne. 3. Un page 55 is entered
Lo a French newspaper and its friends. To statement No. 5; on page 171 the first part of accomplish an object, he had to find out mili- statement No. 6, op page 197, the middle dangers. The accused's act cannot be treated lary secrets, which act is fraught with grave portion of it, and on page 216 the last portion His Lordship, in giving judgment, said the
of the same. Exhibit No. 961 (copy 35) also
lightly. plaintiff was engaged in England to act as chef Spatales statements covered by Statement
(6). As to date, (1) in the matters treated in No. 4 at the Hongkong Hotel. Under the agreement he was liable to dismissal provided that there aicated by the accused comes within the pur and other dates are not clear, but simultaneous
the stateinent referred to as No. 4 the accused (2) Considering whether the maiter commu- states he learned the fact during August last, The plaintiff contended that he had performed tary Secrets, it becomes necessary to ascertain evident he was in possession of such facts. (2) were reasonable grounds for dissatisfaction, view of the Law for the Preservation of Milly with the informations being sent abroad, it is his duties to the satisfaction of the directors what is implied by the term "military secrets" Such facts he worked at in his own domicile, reasonable ground on which to dismiss him. the exposure of which is calculated to injure accused's intention is shown to be of a conse that it could not be held the directors had the safely of the country when bruited abroad,
complaint were so trivia! It implies such military acts as will endanger drawing his own deductions.
(7). Though extending over everal item, He also said that any such complaints as were the military movements of Japan. A nation, cutive nature, and the acta committed conso- made or any such dissatisfaction, if there was. any, had ever been communicated to him. It for its own protection, muit jealously guard cutively come under the same category as one was perfectly clear from the evidence of the time of war. The extent to which such pro- comprised under one beading, thus constituting a
such military secrets in peace as well as in offence, demanding the working of one law as directors and of the acting manager that tection is pushed or where demarcation is to be consecutive crimes, there had been, for some time, dissatisfaction drawn between the prospective and accom in the minds of the directors as to the way the plaintiff carried out his duties. plished injury or danger, and what net should And there was no doubt according to the litary secrets depand greatly upon the time acting manager's evidence that he communicated when such act is committed and the character be considered as constituting violation of mi such complaints to the plaintiff, and there was of such act, and also upon the discretion of the the evidence of the directors that they com authorities responsible for controlling such municated their complaints to the palatiff matters, who, judging from the matter affected Thess complaints were themselves trivial, but when there was a series of them they became their internats were endangered or injured serious and, if true, they gave reasonable cause
by certain acts in the present case, the wit Dess Shimizu Koichi, who holds the post of fordissatisfaction. Things went on until the 26th Bikugun rifi (Judge advocate for the Army) Captain Bougouin on Monday night after the May when there was a dispute about soused testifies that (A) the matters under considera sentence, when the Captain directed attention fish, and apparently the directors determined to tion are treated a military secrets, and that to the fact that the correspondence addressed A representative of the Adverttur. saw
abused the acting massger and not only the statement No. 1, when this fact was commu- dence between military officers and not design- a lopt & new method of cocking. The plaialia the mobilization of the division referred to in to Captain de Labry was private corresponr manager but a man who had nothing to do with nicated abroad, was the division remaining at ed for publication. Captain de Labry, the officer plaintiff was not in any way justified in what had considerable significance on the then situ was, as Captain Bougouin points out, at one the removal of the pan from the kitchen. The home and its employment in active warfare to whom this correspondence was addressed, he did, and the directors taking into consideration-not a light matter from a military point time attache to the French Legation at Tokyo tion the complaints, coupled with the insulting of view. (B) Disclosing it was greatly to en- and was intensely interested in the military language to the acting manager, were parfectly danger Japan's military plans. The date of the affairs of Japan. During his incumbency just to conclude that the Russian Government Justified in dismissing the chef. There was
"Judging from the facts mentioned, it is only posal, as revealed, was openly the violation of Marshal Oyama as, military observer dur-neutral paper, and chartered the steamer for ing the China war of 1894-95 and was the purpose of scouting the movements of the present at the setions at Port Arthur and japanese fleet, under the pretence that the Wal-hai-wei. He is hama contemporary, one of the most active patch boat. The petitioner must have been. present, says our Yokor steamer was being used as a newspaper dis at Pari members of the Franco-Japaness Association aware of this faci, The Court is convinced that Captain Bougouin's family spoke as follows feet in the interests of Russia, and to com the steamer in thla case was under a commi1. The Advertiser says an intimate friend of sion to scout the movements of the Japanese This trial has ruled blm. From the time of municate the result to the Russian Government, his arrest he has been called by nearly all the The steamer is, therefore, ordered to be con Press the Russian spy! The findings of the fiscated. had no foundation in fact. As a result of this Court show all too late that such an accusation accusation go Japanese has entered his house
passed upon him, and did not think that the punishment if he was convicted would exceed Bougouin was greatly surprised at the sentence Reports from Tokyo state that Captain
mutation of the sentence, and that under the a fice, It is said his many friends in Tokyo are now considering means to obtain a com. circumstances the Captain may be induced to appeal.
and I intended to report not only on the disposition of the Japanese fleet, but on from the Consul to the Russian Govern- ment. But when I left Shanghai did not
newa sent by me, I think, would naturally know that such an arrangement was made,
the Russian vessels also, bonent Russla
In consequence A similar tatement was
sian war-ship in those waters. also made by Uddin, master of the steamer. There was at that time no sign of a single Rus
Is it the custom of the Hotel that all the this point that on the language alone the direc/landing of the division, and itp subsequent dis nt Tokyo he accompanied the staff of paid a subsidy to the Daily News of Chefao, a
You are sure you did not compliment him upper employes should attend the Board meet tors would have been justified in taking the on, bit work? have given you an answeringe-The manager and the compradore at-action they did. already. 1 did not.
tend. When the chef first came he used to Did you teach the cook how to cook soused attend also.
Judgment for the defendants, with costs. Bob-You have misrepresented me. I never If the dissatisfaction, of the Board was to sald so, it is a lie, you have in your examina- tion said that I tried to tell the man bow to
great that it would justify dismissal would it cook I tell you that is a lie. You misrepre
not have been right to invite the plaintiff to attend at the matings? We sent instructions ent me.
through the manager,
The witness sald it was the custom of the heads of the departments to attend at the Board meetings,
When you started going round the Hotel- ➡]'didn't go round the Hotel.
SPECIAL DINNERS.
You gave him a bonus in April?—That was to encourage him to look after the special diaters,
THE year 1904 was the most prosperous of all for the Tonquin "Charbonnages (collieries), according to the report read at the meeting of shareholders on May 30 Bajes ware 372,236 lous of coal and 77,895 tons of briquettes, year 1903. The rough receipts amounted to against 160,637 and 57,368 respectively in the 1,538,429 fr., against 1,128,071 in 1903. The future is promising.
a military secret. (C) The Division men tioned in Statements Nov. 1 and 3 and the Division proceeding northward-th having reference to the military movements after the their arrival and the name of the place. All capitulation of Port Anhur-and the date of these were disclosed before the battle of Mukden. The matter had indescribable bear ing on the milliary plans than contemplated and no doubt endangered Japan's military position. (D) The Statement No. 4 indicated sarily form the exclusive composities of the the condition of forces. They do not neces Port Arthur Investing Army alone the secret
explanation in regard to stiner points raised The Court finds it unnecessary to give any by the petitione??"