An Imaginary
Syndicate.
A DISPUTED MORTGAGE CASE,
JUDGMENT OF THE CHIEF JUSTICE):
THE HONGKONG TELEGRAPH SATURDAY AUGUST 29 1908.
the plalaif's contendo agreemeul not to
sus;. I am told that the plaintiffs" solicitor op posed the summons, and as it was called, pro- lested: I don't quite know, what that means, but what may have happened and probably did happen, was that the solicitor said "We cannot 100 Li Po Kam because we bave agreed a
401 10 him" to which my reply would bare beon,
But nothing more
except ibitstrange
and probably Set it out in an affidavit,
The Chief Jaslice (Sir Francia Piggott) gavebing-that the appended against Li Po
Kam, in spite of this document which, what- ever it may be in reality, the plaintifs very earnestly contended was an undertaking not tʊ sue him. And I suppose they wanted to get judgment against him, and 1 suppoin Talsos $2, Costs.
bis reserved decision in the Supreme Court, last Monday, in the case brought by the Hip On Insurance Exchange and Loan Co., Ltd, and the Hongkong and Manila Yugo Sbeag Exchange
and Trading Company, Ltd., against Li Po Yong wod Li Po Kam, of Alexandra Building, to locover the sum of $49,061 52, which the plaintiff firms d'loged was the balance of principal, interest and co-is due after deduct ing proceeds of sale and payments on account under a mortgage dated 29th January, 1905 made between Li Po Kam, the defendant, of the one part, and Yu Yuk Chi and Li Pa Kwai of the other part, to sicure repayment of Sigo,000 and interest, which the mort ragons jointly and severally covecasted to pay and which sum and the securities there for wore duly transferred to the plaintiff by deed dated aiad July, 1905, and made between Ya Yuk Chi and LiPo Kwai of the first part, Li plain Pak of the second part, and the
In
of the third
this case the plaintiffs claimed that by an indenture of mortgage dated 20th January, 1905, the defendant and Li Po Kam, as mon- gagors, in consideration of certain parties named Yu Yok Chi and Li Po Kwai, as morte pagees, assisting one Li Tsung Pal, he brother of the defendasi, and of Li Po Xam, in the set. tement of his affairs and to payment of bis fants, agrees that they would, on the 20th January, 1995, repay to the mortgagee all soms of money not exceeding $50,000 as should bave then bean expended by the mortgages,
The justification put forward was that the plaiosiffs were not really suing this defendant, but were compelled to "do by order of the Court, Apparently, they regretted the neces sity which an untoward order of the Judge in Chambers had forced upon
Tham To my query, why was there so appeal to pal matters straight, although as a matter of fact a second would have been" sufficient? the
Kwok Yik Ting bid offered $18,000 which The Motor Car Incident.
ta
am far from saying might not have passed maxari but whether having the 5139,000 valu- ation before him, the bargain actually made i SCENE OUTSIDE THE CEMETERY. unificiently near to the valuation now made, enable that bargals to be justified. Obriously the considerations | raised-by: this of thị case are very different to the one just referred to; and I am of opinion that, the difference is
present valuation.
by
AMUBINO EVIDENCE IN COURT.
The charges brought against Mr. S. A.
Two yards of the rickand
What did you put your braken on fall?- ***After putting on the brakes how far did Tour car travel?--About a yard and a ball E How do you estimate speed have Biraty second and third gear. Es emimate the|| spend according to how i use these gears, || Mr. Swart-Have you been in the Police Court before on similar charges?----No, I once killed a man
100 large for the bargain to stand just Maricán, proprietor of the Dragon Cycle Dépôt, charge, maka 80% 2.7There was no
Farma rectifications made in the register motor car along Wong-nel-chong Road on the
necituary
The safe therefore t be set aside and the by: a ricksha pullar for recklessly driving
will be entered for both 18th instant and doing damage to the ricksha defendants on the claim, and for Li Po Yung to the extent of $2.50; and that brought by on the
agalost
both defendant Mr. S. Swart, of Messrs. Schuldi and Company, to the co
combler-claim...
with cosing
for for driving in a furious manner to the common What the form of the order will be must be danger of pedestrians, were beard by Mr. Į.R.
imat
Lost. argued, as it may became a very complicated a ter. The ques
question ni redemption Br
I the Honman the Police Court, on; the 14th-
Marican Also issued counter-charge kong Fire Co.'s mortgage was much insisted against Mr. Swart for assault and using abusive on: I am not sure that it will: ariss 'depandı | language. on the attitude taken up by the Company, who Mr. E. J. Grat, of Mess. Wilkinson and may be willing to have it transferred to the Grist, appeared for Mr. Marican, Ms. Swart not, BOW OWDOIN But this in tuin depends on | #ppeared in pinon ha Bisauited the con• driving proved. many other considerations. When the
partiel Asked as to whether
KYSTIS wor.
was given-" An appeal''are ready, the form of the order can be made / plainant, Mr. Swart aid. * No” asked sa to
|
cor
been uselesso
sowing to the peculiar | the subject of a special motion för judgment, constitution of the Court: which means the plaintiff by his counsel deliberately allege, and
suppose believe, that if I had been shown this agreement pot to sus I should have per- sisted in my order that they should spe. I'de- cl.ne
to treat such frivolous remarks as serious. it is an impossible tertium quid to the only other alternatives, that my decision in Cham bers was in some extraordinary way misunder daliberately taken advantage of, I must add thing that there are certain methods of procedure which do not appeal to me at all,
this
stood, or
daring Cossexion, I must repeat what i said the trial about another matter, that I do not approve of the non-disclosure of
of certain docume documents-the syndicate receipts. They were documents which it was most 1 for the
Li Po Kem attigned as security certain land", I defendants to see; they were COB
sidered decision which I had
A sum of $150,005, was paid to the plaintiffs in respect of the debt of "Li Tsung Pak, and by Yu Yux Chi and Li Po Kwai tra
Consent, larred to the plaintiffs all their rights under the indenture of mangage, the interest being reduced from twelve per cent. to eleven and a half per cent. The sum of $150,000 had not beep repaid, but the defendant bad paid $4,312,50 as interest. The plaintiffs, on 31st October, 1906, sold the
For and,000, 911
...but bad to pay the Hongly
Bank some 560,667.39 for principal, interest, and costs on their mortgage
for $60,000, The defendant owed the plaintiffs e balance of $40-
Po
Yong, the first defendant, denied tely that the transfer to the plaintiffs wan made
nat very
long ago on the point involved, which had been reported. And although the affidavit of docu- ments in this case had already been filed when that decision was given, a further affidavit ought to have been made at the time of the filing the amendment to the defence to the counter-claim, in para, 8 of which the members of the syndicate and their contributions were specially referred to. Judgment will of course bo for the defendant Li Po Kam 'with costs. As to the form of it this must be
be considered later...
1 now come to the case of fraud, which arises in the main from the fact that the misu-
absob his consent. He did not either angers of the two plaintiff companies were on
Mo
the syndicate which, it is alleged, bought thin property at an appreciable undervalue. Gross undervalue as originally alleged is not proved: and appreciable has now taken its place.
ROADS IN CHINA.
be used insulting language, be repiled: I called him a fool and a Billy "dence which was given by The evidenta
the ricksha at the .coolie
last
the effect that Mr. Roads have been wall described as the Marican's car collided with his ricksha, doing
bearing to arteries of commerce," and "though the advent of railways in Europe and America has to a certain damage, was read to Mr. Grist, who large extent robbed them of their importance cross-examined the coolls. and gonds over long distances, they
first saw it ?"uked the solicitor,
"I did not notice il Dalil it ran into me replied the coolie.
Did you hear the horn sounding ?—No, Just before the collision your fare was leave ing the cametery?—Yes.
THE ILL-FATED ""PING KING.
'RECOVERY OF: KKSINEEN: FOTNERINGHAM.
The numerous friends of Mr. D. Fotharing. ham, both here le Hougkong and in Australia, where he is very generally known anyong theship. ping communities, will be glad to know that be is sufficiently recovered from the severe injuries received after the foundering of be ill-fated as. Ting King to be discharged from hospital last Saturday where he had been under treated ant for the past twenty-four Mr. Fother
days. ingham bas nnt yet recovered perfect freedom
Barat of I his propsitors " as he described
his injured legs Marks of the severe brains, cansedi Vicient
dashing against Jagyad
ad rocks, are left
frond the Auki
ankle right up to the
MSN g Why didn't you stop before the collision? I expect everybody to get out of my way
Mr. Grist called the attention of the Court to the fact that at the time of the collision there was no funeral; only the mourners were learing the cemetery.
“That concluded the evidence.
The
CountDid you offer to pay the coolie however, to re-gain his former gait within compensation F
a forteight's time. Much sympathy will be Mr. Marican Yes,
felt with Mr. Fotheringham in
vin the fact that he Have you paid him -No
bas bad bimself to o meet the hospital", bills fory
been nader treätmant, his claims on the owan His
Worship found the charge of negligent not having been successfully entertained, The recovery of Mr Fotheringham's linen in wash Mr. Gris-I would
ask your
Worship to
with a native dhoka has also failed, as
ne that state a CATON STEE uggestieman is unable t
| to trace the washerman's) His Worship—I shall certainly state, a casa place of business owing to the loss of his receipts
Ring vs the point. But you must make your appli- on board the Ting Hing. The chief engineer cation in writing within seven days, and saved nothing beyond the only serge cost $5 and ordered to pay the coolie $2.50 com-
Oa 1ʻthe first charge: Mr." Marican was fined was wearing when the steamer want to the
bottom of the sea on that fateful nigh pensation. The second charge was dismissed. The counter-charge was then taken. Mu
plainant, replied that he might have when com plainant "placed his dirty floger on his white suit."
Hins be refused compensation ?—No; I bave the time be bad the ill-fated've
as highways for the conveyance at Bore How for sway was the motor when you Swart, asked if he shook his fist at com.
20
remain
And at that time you rushed across the road?, --NO.
What were you doing?-My ricksha was stationary at the side of the road.
Were you in the shasts?—Yes. No. I was not holding the shake.
And the shafts were up from the ground?
Mr. Matican, said that, after the collision, Mr. Swart seized hold of him, swoop him round, and raising his fist called complainant a blackguid, a black fool, etc, etc.
Mr. Swan--Yon arṇ a'llar:"- Complainant, proceeding, said that the de- fendant said he was not capable to drive a car opped complainant from using the
an indispensable adjunct to the commercial rcial life of the West, Rocial
Every great colo realized the importance of road-making for the mining mation front the time of the Romans has development and administration of its
* posses sions and the magnificent, work of the Roman road makers, bas left an indelible impression upon every country over which Rome held away: In our own days the first steps takes in the administration of new colonial by acy of the great Powers is the P of well-made highways, which not only serve to develop the trade of the districts through which they but alio rendor: it phos, possible to civilize the natives and to ensure law and order. Especially are good roads e
lold of what occurred after the accident. Mt. to a country that is deriely populat DecoMity
But you said so just now?--No.
Swart was not the only one who used insulting ed, for so long as means of communication are
Mr. Grist proceeded to argue that the wit-language towards complainant. There were confided to Barrow paths, travel and comness bad already said that he had seen Bin fare three or four others, whom the witness did not,
are carried on at a disadvantage, and before the collision. merce
know. itis impossible either to police or light the neighbourhood satisfactorily.
What were you doing then?-1 was standing
up.
You were then in the act of taking your rick tha to your fars?-No, I had not yet seen my fare..
Mr. Swart-Let the witnowigeak for himself,: please.
The Court All right, Mr. Swart, Mr. Grist, proceeding ➡In what position wi your ricksha ?-Facing Wanchai.
Against the wall-Yes.
walk between your rickaba and the wall?-No The Court-Was there room for anyone to Mr. Griet You were all taken down to No. Police Station, weren't you?-Yes.
The Court-Were you angry at the time?. Complaint-Not at all,
Were you laughing?—No.
Mr. C. P. Walio, a mechanical engineer, of Shatin, who was driving out with complainant,
Mr. Swan asked, if preventing a person from running away, constiinted an assault. «
His Worship-Sometimes, Mr. Swat Then plead guilty. I wanted 10. stop him from taking away the car before the police had come to res its position. As he denied, saying he did not know the regards calling complainant a blackguard" meaning of the word.
Mr. Kapteyan, of the Holland, Chini Trad- wanted compensation,
And you missed to make any charge-ing Company, a witness for the defendant, said he did nol hear the expression "blackguard" used by Mr. Swart. He was not sure, but he believed that Mr. Swart called complaint
What's the value of the damage ?-$2.50, the estimate of the ricksha foreman.
Mr. Swart then proceeded to question the
Fotheringham is at parssel in Australia where the good news of her husband' recovery has bisa telegraphed to her. PARA
MYSTERIOUS GRIMBʻIN
TIENTSINËT
ATTEMPTED MURDER OF THE
RUSSIAN CONSUL
Tientsin, 6th August. lathe early hours of yesterday morning writes a Tientsin paper, a murderous "attack was made upon, M. N." Poppe, the Russian Consul, who as a result yesterday y'io's very
lay' critical condition,
It is an unhappy coincidence that M. Poppe's predecessor at the Russian Consulate, M. Lapter, „met, his death, at the bands of an assassin, just about two years ago ko
M. Leptow's assailant was known, but M. Pappe's is not.
"The
incident-the news of which around the widest and deepest regret when it became known yesterday morning-took place about 1:30 am., At that time, M. Poppe was, maloop. in bed at the Consulate, and the building wan fastened up for the night. There was, how ever, Rccess to the interior by a dour in the rear sad by a narrow corridor. · The Consulate was in darkness and these circumstancen necessarily tend to the inference that the man who had designa os M. Poppe's life must bare been familiar with the Consulate premises and the whereabouts of the Consul's bedroom and otherwise he could his general habits of living
have entered the building and found hurdly
about deed in the dark, as was the
it way
; and performed the dastardly
have said, wa
was asleep in
his
caso.
-fool. He did not see defendant raise his M. Poppelpast one: the would-b
on the latter date. e. further stated that the gages from the original mortgagees in sheer hetween Chins and adjacent countries for witgers, as 'follows;-At the time the car col-fist towards complainant... sale made was not a real sale, but a pretended 10 them in respect of which Li Po Yung pointed out in these columes, merely illided with your ricksha was anyone entering
the
10
transaction as a gross under-value whereby plaintiffs had acquired the property at a price less than two-thirds of the real value. He denied sise any indebtedness to the plain tiffs because they had agreed to release him from all
1 liability. judgment was delivered for t
|
i
your
Mr. Marican-Yes.
read It was in effect that defendant's motor car Mr. Swart's evidence given. Just time was was driven recklessly on that afternoon. When the collision took place, he (defendant) wil still laughing.
In the case of China it in, perhaps, unfortun; ste that the eagerness both on her part and among Western nations to extend railway deve lopment in this country should have arisen before xent to a reduction in the rate of interest. In
indlipensability of roads has been recognized. November, 190s he commenced an action which
There is the consequent danger that railways was withdrawa à upon the plaintiff agreeing not to bold him liable in respect of the ma-igge
will be regarded as a permanent substitute Now, the case as it is 'set out in the pload-
and the need for good roads in the generala The second defendant, Li Po Yung's defence was that he was unaware what sum, if any, hading, and as most dexterously set forth by the development of the empire will be ignored. feamed counsel, is pristine in its lanocences Strictly speaking, except in and around the best paid by Yo Yok Chi and Li Po
it positively scintillates with virtuous endea
Irealy ports, China has no highways that could and that the mortgage of 20th January, 1905:
your. ifore were these companies who had and the transfer of July 22nd, 1995, were in bren obliged to take this transfer of the mori-
lay claim in Europe to the title of roads. The grea case valid for more than the same already paid
highways that have been trade router self-defence. There were heavy debis owing
ceptarios are, as Dr. J. MacGowan recently
kept
rickshal-No. The mash had already often
not mote than four made himself liable: there were other creditors who also held mortgages pressing who bad da feet frequently far less.
Excap taken place...
The Court-Was that the same car you were termined to sell the property; with great diffi in Northern China, bere roughly constructed driving last night Sull culty the auction advanised had been post-ca
carts are used, no wheeled vehicles other than poned and 3 months' grace oblained: the money
Chinese that
production, the wheel, peculiarly to pay off these creditors had to be found, and barrow, are to be seen on the highways, and also as much as possible to cover the debts
where bills have to be traversed transport it had to be literally forced on, and apparently due to themselves: a sale had to be contrived; almost entirely limited to human carriers,
It ja la true
that large tracts of the country are inter, sected with canali, there were no purchasers: four
which
a. useful provide a most evil mense of communication and transport when refused the offer: wheb, at this had juncture the god appears out of
machine in the shape of Kwok Yik Ting, with an offer of they are deep enough to permit the passage of
boat; but in
in times
of drought and famine they have proved femcatably inadequate, and $180,000 cash down, cash down being of course the necessity of the situation. What could the
resont' has had to be had when?-barrow
10 mortgagos do but to accept with alacrily transport, with the result that thousands have perished before food could be brought Now, Kwok Yik Ting, although he was rather modest in describing his own achievements in connexion with the sale of land (he said he had so experience in such matters and could not understand why Li Po Yung and others should have selected him to try and put through the business) was in fact a building speculator, and in connexion with M. L. No. 57, had made a pretty and most innocent-looking plan, bas- in favour among the Chinese-a syndicate ad, as was painted out to me, on a plan much which would buy and develop property, building five kopies and letting them at profitable rents. The syndicate would put up $60,000 in cash, and would ralia $120,000, on mort- Fire Insurance gage from the Hongkong head
with costs.
or the defendants on the claim with costs, and on the counter. claim a decision was entered for Li Po Yung In the course of his judgment the Chief Justice said: In this case Li Po Yungand Li Po Kamare sed by the Hip On and the Yuen Sheng Com panies for the balance, $49,000 odd, dus un a mortgage given by the defeudants on certain of property known as Marine Lot #M.L.. 57% of which they are joint owners, credit being given for the amount realized by the ale of the pro perty. The. mortgage was given originally to Yu Yak Chi and Li Po Kwai, and the plaintiffs are the transformen. The defendant, Li Po Kam, sets up an agreement with the plaintiff by which they undertook not to held him liable in respect of the sald mortgage.
The defendant, Li Po Yung challenges the inte of the property, on two grounds; that the purchaser Kwok Yik Tiog was not an inde pendent purchaser, and that the sale was not a bond for sale, but was made at a gross under value; and
and further that it was
wala.
fid # on the ground that the managers of
plaintiff.com. panies were themselves concerned in the pur
of the f
in order to affect the plaintiff companies, the gravamen of the charge being against the two manager and i was suggested that, this did not fall within the allegations i the Statement true of Defence. I do not think it right e time the pleadings too rigorously, at same suggestion was properly made. I think, how over, that the facts alleged lo para of the Statement of Defence are suficicat to support the legal contention in this respect which was raised upon them, "
of the
& con-
been assessed by the Government, and being early finished are already for occupation. But unfortunately these facts in so far as their simplicity, is concerned are wholly imaginary. the syndicate of purchasers there isn't a the three, Tam Tax
It is not to far
own
Mr. Grist took the witness in hand. "You were coming out of the cemetery at the tima? be miked.
Mr. Swart replied, "yea."
Did you bear his horn ?—Yes. And then?—I heard an awful smash.
There was a lot of rickshas there?-Yes, plenty
There were all over the street ?--I beg your pardon. They were at the side of the road.
This motor, did she pull up? —She did not until she got among the ric-star. She pearly
turned
ned turtle.
why did she not pull up before (laughter).
In her cadetour to pull up?-Holy Moses, When the motor was stopped it was facing the race-court-Yen.
Mr. Marican-Three paces.
to
DR. ROCH IN KOBÉ.
RECEPTION AT JOR HOTEL
Dr. and Mrs. Koch, accompanied by Dr Kitasato and other gentlemen, arrived in Kobe, soon after 1 o'clock yesterday afternoon, reports the Japan Chronicle of 13th inst. Over 400 doctors, all members of the Hyogo Prefectural Doctors' Society, and a few local govemment officials, including Governor Hattori and Mayor
di Minakami, welcomed the distinguished piston on the platform, which was decorated with brator of Kobs, representing the Municipality, beating for the occasion. Mr. Minskami, the presented Mrs. Koch with a basket of artificial flowers.
Police.
|
bed
AS WO
ur.
I when at His Wombip said that it was clear from the evidence that the defendant wanted to stop Mr. derer who is still at large and unknown; stole into the apartment, and, creeping up to the bed Marican from going away. There was some in which the Russian Consul lay, lunged at indignation, aroused, and he thought that if heims with what most bave been terrific force entered a formal conviction against Mr. Swart, with a but no fics, it would meet the case.
arnego od extremely sham kaifs. The
M. Poppe blow
in the right breast," Hád it been the left breast that was stabbed M. Poppe could I not have survived to tell the tale. As it was, the injuries inflicted were fearfol The knife penetrated deeply into M. Poppe's chest in the region to the right of the heart, which was fortunately not touched, and the wound extended downward to the abdo- men Some conception of the strength of the sailant and the force with which he stabbed his victim may be afforded by the fact that thựẹn ribs were cut clean through. The livar also was cut with an incision about two to their doors. Yet, headless of the lessons
inches long, and the diaphragm was piprced. *. of the past, the conservancy of cracks and canals persistently neglected by the
le a man of M. Poppe's build and inves wounds, ather such as prevalla át present such live authorities, and when a famine or a tebel.
Any case and
time, are lion occurs in ops of the inland provinces the
most serious in extremely dangerous. M. Poppe lost an en greatest difficulty is supplies or troops to the spot! Except where experienced in bringing
him much of the blending was external, and ormous quantity of blood, but fortunately, for
there are navigable canals, or milways have
there was not so much internal blending as opened up the land, travel in Chian
tedious
have been expected. Thus there, was might and the acRIO of discomfort and journey
Right across the road?—Yoi.
Dr. and Mrs. Koch, with Dr. Kitasato sud loss, danger of peritonitis, than there might which, on a macadamized highway, would oca Wagner, of Messri, Gaupp and Com Governor. Hattori, drove to the Tor Hotel, have been otherwise. This danger does
exist cup cupy a fɩw days; occupy woska or even months,
laik by mule litter sedas chair, or on foot. In many pany, spoke to being jammed between the where a reception was hald in their honour by however, and constitutes the most difficult
with which the doctors have to cops. the Kobe Society of Physicians. motor car and the ricksha os that afternoon. districts the only means of communication be
Mr. Grist submitted that there was no case,
The Consul's assailant, having delivered bia Three carriages and a large number of riki. tween village and village consists of a raised chase on their own behalf. This special Company, The' money was raivad and paid: "mad path between the paddy fields, which fefIt was the duty of people to get out of the shus formed'a procession to the hotel, where one blow, orcaped from the room and the build- of defence required considerable development buildings were put in the hands of a
y of the driver to get the guests, to the number of filty-six, sat downing in the dark, and has not been seen, por impussable in the rain. Even where a more way. If not it was the duty
hes be left "ADY TRACK" "by" #bien ble indöstity" tractor, baya been built and well built: havo | subitantial, stone-paved path. has been con out of their way in this case thern was'a to Innch shortly before 3 o'clock. Gavartior
can be established. Mr. Poppe, fortunately, did. the road. The defend-Hattori presided at the tide, and smoogst ant tooted his horn, and as no potice WA
"not lose consciousness as a result of bis terribia structed, it is dangerousin wet weather, and number of rickshas uncomfortable under foot in dry.
those at the cross-table weke Mr. Minakami, taken and a collision seemed inevitable he did Mayor of Kobe, the President of the Kobe City wound, but was able to get out of bed, open the window, and shout for help. He was able to borders to realies the truth of what has beet his best to do as lule darnage as was possible. Assembly, Prol, Nagano, Dr. Kiliate, decong
Defendant put on his brakes and tried
alarm the Vice-Consul, who was sleeping. .: stated above. It is still regarded as some
the Consulata, and soon there was available a thing of a feat to bicycle to the Hills, only avoid any damage. He did all in his power the well-known Kobe physicians present were
crowd of officials and native The Court-Except go slon,
BGTYARILMA Met Dr. Sano and Yamamoto. The latter, in
sengers and the telephone were employed to
• Mr. Grist...He was going only eight miles making an address of welcome in German, an hour. A motor car, your Worship, is always praised the work of Dr. Koch and also alluded
inform the doctors, the staff of Russa Chinese Bank, the police of the raTIONS COM to the signal benefits which the Japanese be pulled up in twelve paces.
medical world had reaped from his teachings, cessions and other, and" before very long
Dr. under control, and a car going at that rate can
bis locum tenens that is Schreyer and making special aflusion to Dr. Kitasio, who had been a pupil of Dr. Koch's in Germany, He could affirm that the distinguished visitors had made many new friends in Japan, and he expressed his wishes that the remainder of their sojourn in Japth would be enjoyable.
Governor Hattori, is addressing the gather ing, spoke in high terms of Prof. Koch, who have made their name on account of their from the Happy Retreat to the Golf Club,
discoveries in science and medicine, but there Profetter Koch, whose name was familiar fifteen to eighteen miles per hour. At the time in certainly not deserv- Important factor b promoting the stability of he was going at the rate of sight miles. When
even to boys of the Japanese Middle Schools. be first saw the string of rickshas longer hold its ground. The advest
other in the knowledge of what is excellent, of milways, herp from there, all the way until within
than in the extent of my power and dominios. steamships and the telegraph, the remarkable yards of the ticksbas. By this time the speed of Such a man was Professor Koch. In conclusios growth in the number of native newspapers, the car had been reduced. The speed of the car the Govenor said that he hoped the stance have already removed most of the
was about 41 miles when he got within filty
its. Dr. Koch, in replying, well versed in political the ay.. As the car got gradually Dearer its
are fancifully untrue.
found that he couldn't get through be put on affairs, yet it gave him great pleasure to wee take the facts as Central Government, but upon the svelop the braka and swang the car round. Witness the Japadsso and German flags interwoven as related in connexion with the $60,000 syndi cale, because I am under the impression
Japanese the $90,000 scheme is equally fanciful, and dement of Chinese commerce and promotion of had driven a car for about three years. He was they were then in the Tor Hotel, and he hoped de the prosperity of the people at large the con killed driver, and an engineer of motor that the good-will between the Germans and thus symbolised would always be as vised for the purpose of bringing Li Po Yung's struction of roads must play an important part,
cordial, in his life he had often received mark a. certificato? Court-Have you a name, and his alleged desire to have a share and it is to be hoped that this important factor,
ed attention from distinguished members of Witness--it was not needed. in the schema, "The subscribers were 'all set which has been so long overlooked, will shonly you were driving out yesterday? What pace tled before the 31st October, because the receive the attention it deserves, VCE
were you going round the rice-course?-Ab. monny was said to have been paid on or befare Neut
out twelve miles, la how many paces could that date. Some were Tim Tsz Kong's friends,
you pull p going at that pace?-3 to 4 yards.
op
have been At eight miles 7-1} yards. ||At four anlles?—1) yards.
hotel, and the warm hospitality he had received dailes and hav
vice. It
is raspacted, that one of theme, here you came up to this crowd you at the hands of the Japanese people everywhere bourjog malice towards his late master, with
· Then when.
former and a balf?—You,
fellow servants, as the criminti, Then why was it necessary for you to lesva Subsequently Professor and Mrs. Koch and who made the stack. This remains to riekaba in port of me. in straight line to pull up?-To save hiẞting all prevent were photographed dan then ben olabil poticular po chic to pean
his wife sion of on theories of hotel. When you were: aix feat off this ricksha rode to the hatoba ja rikisha accompanied by suspicions can be based, and airy at work you could a matter of fact pull up?-1 many Japanese gentlemen. The Nomijimary trying to lay hands as the Cosants assallist waited for the riekaba to get out of the way, was awaling the party, and as they left the and bring him to Justice. Meanwhile the meat
You
| batoba daylight- fireworks warn Lar off, which Bonenty that Me Poops may be sortinal e snodšk could, could you not? —I could.
anxious hopes are throughout Whey didnt you pull out?I expected the fall in the form of German steamyacht to survive his terrible fojurkong gawe ricksha to move,
HANH The Nomi-mare, the larg@insteam-yacht How far off were you from that ricksha when owned by the Milade Hotels conveyed Pro Up to six o'clock lise (c) To obtain a naw nita (in addition, to the you made a turn 2--Abont:twg yards. present own for the construction of new Then you could have paid up?-To save to pand the night, slaving in het today and the
fessor, and. Mrak Kock to Malkon bere they doing a six o'clock Lee, Kabury Rope fallen
man among them excowok Yik Ting, who eighteen miles away, and except for the roadi Kong, Ng Li Hing knows what his rights are, much less bis liabili- that have bean made by the Municipality ties.. They all think that they have subscribed
ther are practically по properly coo between them 560,000 for the purchase of This defendant then counter-claimed, adding
ment boundary. are completely isolat the purchaser, Kwok Yik Ting, as defendant property, and their shares of the, $5,000 2bstructed thoroughfares outside the Settle scribers are 3/ath, but what of Kwok Yik-
ed from to the counter-claim; his claim, based on the
vehicular traffic is concerned, and though the the surrounding country, 10 far at
Mr. Grist continued to remark that his client was driving in a reasonable manser. foreign community has from time to time en
Mr. Wood observed that a person driving dearouted to carry into effect road-making schemes beyond the Settlement limits, it has fast up to a fuseral was sol driving reason
a consistently met by the opposition of the
Mr. Grist-Parely a matter of sentiment. Chinese authorities. The road to the Hills, Mr. Matican was then called. He stated that leasing bim, in virtue of the old role that the money has been paid from movoys received † projected some years ago, ja millino nearer he was a skilled mechanic. On the day in qutf I There are many men in the world, he said, siderable sum owing to the contractor, which arstion, and from whatever motive, the ion he was driving a 51 hone power motor car Chinese quite fail to appreciate the benefits that would accrue from a system of well-made roadi
difficulties of communication have been an
Ting did not know himself, and persisted above facts, being, that the sale be set asido,
in along
timesaying that it was 1/12th 81560,000 and the necessary rectification made in the
till he saw the error of his contention. The Registry.
This defendant also raised as a point of law, mortgage to the Hongkong Fire was concluded that the agreement between the plaintiffs and by Kwok Yik Ting, the contract for the build- Li Po Kam above referred to, resulted in ring was made by Kwok Yik Ting, some of the
release of one joint debtor releases the olber.
from the Hongkong Fire, but there i a con-
contractor, has been told to raise where
beca
ably.
But Kwok Yik Ting after perchasing 3BC probe, the Yik Ting having said he will pay in the adjacent country. It may be a The car, at full speed, was capable of going wero fow who had such a worldwide raputation
for LI PO he can,
ance Co.; and will be
perty mortgaged it to the Hongkong in the event of his suc
Fire Insur
Your
the interest. This somewhat peculiar arrange-- in of the term
I that
to be, Dr. Schreyenberg, were at the Consulate examining, cleaning and dressing M. Poppe's wound. They performed two surgical opers" tions, the second belog necessitated by the lats discovery of tha' lncision in the liver. that these two akified done as promptly and wall and thoroughly a
surgeons could do
WAI possible in such circumstances, and "all" the many friends of M. Popps will devoutly hope that the patient may recover. We are glad to be able to state that there is a chance that: wound in of the gravest character, and the dan Mr. Poppe's life be saved, though"the"
MAY
developments is very greatandhra
The Russian, Brilish, and Chicere police were promptly at work with delectives to dis bout yesterday they were unsuccessful in their cover the author of the crime. Up to ■ Tata
search for a positive clua. The would-be mar. derer was seen by no one and left nothing
uide the sale to obtaja somaspecial formofreliefment with the syndic but neither can the thir ancient Empire; but that argument can no passing the Parsea Cemetery." Hann he was Alexander the Great and: 41 bad rather axcel ger of the hot weather producing unfavourables
dealing with this mortgage, which was further complicated by the fact that some of the mort gage money was specially allocated to building operations, which have been undertaken, and are almost completed. Twospecial paragraphs wore added to the relief claimed by the conn ter-claim. It was argued that on the facts of the counter-claim, the relief should not have
been
members of it plame themselves by applying to is the term bona fide, 1, therefore, describe as Imaginary: that is to say the relation of the ficts to the description of Bas set
tooted' blu
out on the pleadings is wholly imaginery. that formerly isolated the provinces from one yards, as he expected the people to get out of of Science would go on increasing for ever. prayed, but should have been for leave Imaginary, or the facts given in evidARE DO Puger depend upon the lealous control speed was reduced to a walking pace. When was not 'u diplomatist orwell versed in political hind him. Search was made for the
defendant to relief,
∙to
The extrordina.y document which will call. ed as a declaration of mat is either
that
aceber. The peace and solidarity of Chios
of the dissemination of news, by an autocratis.
advintage of [new]
tew condition In the
THE POOCHOW DOCKYARD.
RE-ORGANIZATION SCHEME.
to redeem, and that the Hongkong Fire Co. should have been
made
ado a pity. This, I do not agree to at all The first prayer is sufficient t carry the counter-claim, and to entitle this if ho succeeds lp establish ing his allegations. What follows, should be se succeed, is consequential, resulting from the act of the defendants to the counter-claim and I am disposed to think parss; 2 and 3, of the prayer might have been omitted, the whole ground being covered by Further or other relief'
The case as it stands against Li Po Kain is certainly one of the most extmordinary I have ever board in this Court,
brought 2 The action was
originally against » Li Po Yung alone, and he took out a summons to join. Li Fo Kamas a third-party. When the summons came before me in Chamber the whole thing seemed, on affidavits before me) posuewhat unusual. The mortgages ap peared to be suing one of two joint and several
Yik Ting, and Ng Li Hing and Tam Ts mortgagors,, lakring; hita; to 'his romady over Aagainas his co-moʻtgaror I did what spamed
Kong, then we the most natami thing, in the world-ordered For this suggestion ignores the real question him to be joined at codeindast. But this which set in connection with the rains the plant now in existence
some were Kwok Vik Ting's friends. Then on that day Tam Taz Kong wanted some docu ment signed for the protection of his friends and one was signed, which was a few days after torn up and another substituted for it which is exhibit 26. As this was drawn up by
soliciter I must obviously take it to been drawe up in accordance with instructions, Now this document was
intended to be a de clarionof trust; and therefors is by sent ous document, and 15k ought to Con
I think be
harg
13 axistence (xhibit 16), which 11 hot as if Mr. Torner had advised in October Į spaventa la a rendre, but which | 1900, that the perpany was worth $199,000, and
10
cars,
The
....
the medical world, but never before had be been welcomed by the people of all classes and professions as he had been in Japan. He was very grateful for the welcome accorded
with which the wound was inflicted, but in vain, The Consulate is Barrounded by tail thick grass and weeds, and these ware yesterday cut down in order to discover if the knife had been throws. away there."
Suspicions, are
are entertained, but there are are based surmise. The entire Chiasse staff of
on 'the Consulates was sirested on suspicion. .......y
M. Poppe has recently had much trouble⠀ with his satira servants, several of whom have in the performance of their
him by the citizens of Kobe in that palatial been unsatisfactos See dismissed from 'his'serv
The principal members, of the Central Goght to haya boun able to pull up shayard would be remembered, by him” un long as he or without. connivance on the part of him?
vermant. have; lately been in consultation conckyard The W. C. D. Nara learns that they cafe Forchow they have arrived at the following decision.
(To appoint Gateral of the Dockyard pict
official as Director
To send a depatation to make personil invetigations about dockyards in foreign coun trial, in order to introduce improvements into
lived.
| Horting anyone I swerved fato the walliland for a cralie down the fasad Benga