THE ZOROASTRIAN CHARITIES.
Judgment as to Costs.
THE HONGKONG TELEGRAPH, TUESDAY, NOVEMBER 12, 1912...
COMPANY MEETING."
Hongkong, Canton and Macao
11
Steamboat Co..
}·
RE-HEARING APPLICA-
TION.
Mr. Roader. Harris Succeeds in Getting his Case Considered.
Mr.Reader Harris said that ha
A further interesting judgment.
An extraordinary general meet-
At the Police Court, this morn- was given this afternoon in the ing of the shareholders of the case relating to the administration Hongkong, Canton and Macao ing, before Mr. C. D. Melbourne, of the Zoroastrian charities trust Steamboat Company, was held Mr. Reader Harris, of Messrs. Wil funds in which three trustees at the head offices, to-day, for kinson and Grist, appeared to proceeding under an orginating the purpose of confirming a apply for a re-hearing in a cass 4. recent wherein a Chinese had been con- Bummons asked for the inter resolution passed at prepratation of certain of the oxtraordinary meeting making vietod and the fine paid, on a rulos.
provision for certain alterations charge of attempting to export ft will be remembered that at in the articles of asscoiation. Mr. opium. the hearing of tlie caso, which took RFuhrmann-presided and a considerable-time, Mr. C. G.there were prosent Mesara F. A was renewing his application for Alabastor and Mr. Eldon Potter, Gomes, H. A. Sieba, F. Lieb, F. a re-hearing of the case. He had instructed by Alessrs. Deacon H. Armstrong, G. R. Laurenz, G., written to the Superintendent of Looker and Deacau, appeared for Friesland and the Ilon. Mr. C. H. Imports and Exports and had re- the plaintiffs and Mr. F.U. Jenkin, Rose, directors; Messrs. W. E. caived a reply to the effect that, as instructed by Mr. G. K. Hall Clarke, (Secretary), D. D. Gazdor, far as that official was concerned, Bratton, appeared for the fourth D. V. Steavenson, M. S. North he did not consent to the re-hear- trustee, who was the defendant in gote, A. O. D. Gourdin, D. Mac-ing of the case, and also stating
donald, and A. Buna.
that it appeared to him that the matter was one for the Magistrate to decide.
The difficulty
the case.
The Secretary having read the His Lordship had already given a judgment as to the points raised notice convening the meeting, in the originating summons and
The Chairman said :--Gentle- an argument followed in cham-men:-Thia meeting is called for bors as to costs and it was on that the purpose of confirming the point that his Lordship gave Resolution which was proposed judgment this afternoon.
and passed at the Extraordinary General Meeting of this Company held in this room on the 15th October last.
I now therefore beg to propose that the following. Resolution be confirined:
That the regulations contained
Me. A Bune secondled the resolution.
Mr Melbourne
is that the man pleaded guilty and the fine was paid.
A Mistaken Plea.
that there was
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DAIRY FARM NEWS.
41
DAIRY FED PORK:
Charles Lamb in his dissertation on the PIG, was the first to tell us how the Chinese love their pig-dead and roasted; but it is not for us! We know that pig, and SOME of the things he is fed on-but not all!
| Ah; but this is DAIRY FARM PIG, a dainty little fellow, fed on the fat of the land, DAIRY FARM MILK and all the good things in pigdom.
Is there any difference in Pork? Well, for good- ness sake, where do you live? Buy it, try it, eat it, then you will KNOW, Cooked to a turn-the Chinese know how-and the ** crackling”—UM.
Don't wait for Christmas, you may be dead before
that—and so may the pig!
October 18, 1012.
JAS. BUCHANAN & CO'S. WHISKIES
RED SEAL
TANDEM
Pr
BLACK WHITE
PIEBALD
SPECIAL LIQUEUR
GARNER QUELCH & CO.
H. K. C. C.
COLOURS IN IES, MUFFLERS,
Mr Harria said that he wanted that conviction quashed on the very strong grounds that the man His Lordship said that the
over intended to plead guilty at the time, and in that caso it is The case concerned dealings in plaintiffs asked that the casts should come out of the trust funds
all to the charge, and that he usual for a Magistrate to grant a human hair, to the amount of but this was resisted by Mr.Jonkin As has already been explained could, and would, bring two re-hearing, and secondly I have $8,077, plaintiff's alleging that on two grounds;-first that before, your Directors have caused witnesses whose names appeared stronger grounds here, because they had received payment to the proceedings were wrongly
a new set of Articles to be pre-on the permit from the Opium no evidence was called for the the extent of $2700, leaving a takon, and secondly that in this Pared in order to bring the Com- Farmer, to prove that the man prosecution, and he was convict balance of $5,377 which was
pany into line with the now was simply case the three plaintiffs were only Company Law and generally to opium to them at Yanimati, and guilty; the defendant did not
conveying the ed under a mistaken plea of now claimed.
Mr. Alabaster, in opening the incidentally trustees; they had not come before the court as such meet modern requirements.
no suggestion intend to plead guilty to this case, said that the defendant was of exporting the stuff. The charge at all.
the compradore to Messrs. Houser, but morely as private individuals
"His Worship's Advice. Eberius and Company, who were and though the court had. not
man was properly taking it to them at Yaumati He could Mr. Melbourne:-I am afraid dealers in human hair, and the ROYAL HOUSEHOLD declined jurisdiction, it could not
plaintiff ontored into a contract charge the trust funds with the
prove that the permits were pro- you must appeal,
Mr. Harris said the only op-with the firm to supply them costs of tho summons. His Lord-in the printed document sub-per ones, and were in perfect ship, continuing, said that it was mitted to the meeting, and for order, and there was no doubt position that he could put with quantities of hamen usir om- clear that the proceedings were the purpose of identification that the clerk from the Opium forward to appealing was that it ounting in all to 130 piculs. By not the act of the whole of the true subscribed by the Chairman Farm would give evidence to was an unpleasant matter and the Sept. of 1911 he had supplied tees and the fourth trusted had thereof, bo and the same are prove that the permits were pro Court would give a mandamus them with 76 picals, and hearing. filed a declaration which showed beroby approved, and that such per ones, and in perfect order, to grant the hearing because he that the firm were not in a strong that he considered the proceed-regulations be and they are here- and such as would cover all the could not appeal in a case where financial position-in fact they ings unnecessary and had by his hy adopted as the Articles of the opium found in this case. It was the merits of it had not been were in extreme financial diffoul- counsel invitol the court to dis- Company to the exclusion of, and therefore impossible that the man heart. He was not going to ties-he went to the defendant to miss them. [lowever, he thought in substitution for, all the existing was attempting to export the appeal in a case that his Wor- tell him that he would supply no that the plaintiffs had noted for Articles thereof.
opium, or that he could have ship had never heard. He felt more hair. The defendant urged charge satisfied that the Court would him to do so, promising to pay the bost interests of the fund in
pleaded guilty to a bringing to matior pofore the
What grant the order and the whole what was owing on what had of exporting opium. the man said
be was that he,thing "would, filed and already been supplied, namely court. He thought that the
The Chairman: It has been pro- find the opium in his possession they would come back thore even- $4500. Consequently the plaintiff summons was properly taken out posed by myself and seconded by and he was taking it to Yaumati, tually and have the case dismiss supplied ton more piouls on Sep and dust the mattors raised Str. Bune that regulations contain
or something to that effect. ed. The Appeal Court could not tember 12, and on September therein wero substantially such ed in the printed document eubmit Those were very strong grounds quash a case where a man had 30 the amount that was owing as required judicial interpret tad to the meeting, and for the upon which to ask for a re-bear- wrongly pleaded quilty. That or was paid up. It was on dealings ation. He believed he would be purpose of ideatification subscrib- quite right if he exercised his ed by the Chairman, thereof, being and be submitted that on der would cost the Government a subsequent to that, that the action discretion and gave both sides and the same are hereby approved, grant him the re-hearing. It put ernment that would have to pay
those grounds his worship could lot of money and it was the Gov-arose.
Mr. Alabaster was outlining their costs ne between solicitor and that such regulations be and it on to the police and the Super the costs of the case going to these dealings when the court
they are hereby adopted as the Articles of the Company to the intendent of Imports and Exports Court to state that they were en- adjourned
their case, and in this titled to a re-hearing. The plea of exclusion of, and in substitution case there was a very strong guilty would never be accepted for, all the existing Articles
where the defendant never intend- thereof.
Mr. Melbourne:-It is very led to plead guilty. A plea of All in favour of the confirm strange that he was not aware of guilty would never be made by n necessary and he must therefore ation of this resolution will kind-having these certificates.- man who had perraits from the refuse to carlify for two counsel.ly signify by raising their hands. Did not know the. Law, Opiam Farmer, not exporting per- Mr. Gazlor was the only dia Mr. Harris:-This man is mits it was true, but there was no sentient, and the resolution was charged with having something to evidence to prove that he was do with optam. These men never doing it. The two men whoso The Chairaan : This is all know the law exactly and they names were on the permit would business of this meeting and say nothing but "I did," and are give evidence to prove that he was thank you, Gentlemen, for your convicted by your Worship. He not attempting to export it.
Mr. Melbourne Men that did attendance.
the defondant) thinks he is! rightly convicted and goes and not give evidence beforeand whose The meeting then concluded.
pays the fine. Then these other names are in the permit? men don't know what to do at
Probable Result of Appeal. first, and they give instructions Mr. Harris: Yes. These are: to a solicitor and he eventually strong grounds, and if I go to the applies for a re-hearing.
Appeal Court and say that I set Mr. Melbourne: This man was these things out before your
and client out of the fund.
Only one other question remained to be dealt with. After careful consideration it seemed to him that the case was not one in which second counsel was
FERRIS HARTMAN COMPANY.
Many amusing "night off" have been enjoyed by the theatre- goos of the Colony, but the farewell "One night off" Inst night at the Theatro Royal by this delightfully entertaining company capped their climax of success here.
Almost every song was encored many times and the fun in the play was oven moro infeptious than it was over a week ago.
There was a now parasol swing effect in the opening sung "Dixie" that greatly enhanced ifs. stage value, and five encores were called for it!
Miss Josio Hart, with her in- scrutablo face, was better than evor, ani Mr. Arbuckle as "de coon "caused roars of merriment from a largo un I very enthusias tio audience,
Walter de Leon and Miss "Muggins" Davies camo in for their share of applause, especially in their dust "Oling to me."
Mr. Hartman's "You catch my drift, don't you?" expression was inexpressibly funny, and his "Story of the Knife" brought down the house...
The singing and dancing of tho chorus was delightful, and when the Company returns here later
carried.
SHANGHAI RACES.
Through the courtesy of the Hongkong Club wo are able to announce the results of the first three races to day :-
2
..
The Northern Cup. (Throe Drumlithio Johnstons) 1. quarters of a mile).
The Petrel (H) Marongo (Bowe)
)
Time 1 min. 35-3/5 sec.
The Chinn Cap. (One mile) Baby Mine (Vida)
2
3
Queensberry (Johnstone) 2 The Tipster (Laurence) 3 Time 2 min. 11-4/5 sec. Shanghai Stakes. (One mile and inlf).
Boyal Rose (Borkill)
Capello (Vida)
1
2
† Cherry Tree (Crichton) 3
* Wingfield (Holler)}
Time 3 min. 22-2/5 800.
f Dand Heat for third placo.
MUCH ADO!
to prove
doubt,
To-day's Advertisements
BOXING.
INTBR REGIMENTAL
COMPETITION.
AND
COAT SWEATERS.
CRICKET SHIRTS, BELTS, ETC.
LANE, CRAWFORD & CO.
"TANSAN".
1st K.O.Y.L.I. V. 1st THE KING OF MINERAL WATERS.
RL. INNISKILLING FUSILIERS,
TO BE HELD IN MURRAY BARRACKS
OX
Our claim is that sparkling Tansan stands alone, being not
a cook on board a ship. Worship and I was refused a re- THURSDAY, Nov. 14, 1912. only the
Mr. Harris-I am not now hearing, perhaps I would be going into the merits of the case. allowed a re-hearing. It would Worship I will call evidence to show that be going back on your
he had in his possession permits and cost a lot of money. I want and the persons mentioned there you to quash the conviction if the will give evidence showing that police don't prove their case. the opinm was being taken to Mr. Melbourne:-The fine I them, and that the permits were have nothing to do with, a from the opium farmer. Whether It was eventually decided to he is a cook on board a ship Indjourn the mattor until Thursday don't know. He is charged with at noon. being a cook a ship, but that is not evidence that be was export- ing opium. I don't know that he is a cook but he is in this case, actually taking the opium to Youmati.
HUMAN HAIR TRADE.
Dispute Over a Contract,
THE COMPETITION WILL
CONSIST OF:
most delicious and digestable but the most
FOUR 6 ROUND CONTESTS. invigorating of
invigorating of all natural
ONE 5 ROUND CONTEST,
SIX 3 ROUND CONTESTS. Mineral Waters.
Prices of Admission $3, $1; Soldiera
and Sailors in uniform 50 cents. Tickets may be obtained at the Qfcon's Road Entrance to Bartacks.
COMMENCE AT 9 P.M.
Hongkong, 12th Nov., 1913,
(848
R.M.6. " DUNOITAR. CASTLE."
The abord steamer of 6,687 tons register sad clissed 200 4.1. at Lloyds, having superior first class passengera
"It Prolongs the Period Of Youth.".
"It Extends the Span Of
Life."
Mr. Melbourne.-When arrest- ed he told the police his name,
This morning in the Supreme ccommodation, fitted with winless Per Case of 48 Half Bottles profession and where lived, and Coart, the Chief Justice, Mr. W. teleg anby, electrio fans in all state- told the police that he was a cook Rees Davies, K.0, heard the rooms and carrying frat class pass a on board a ship.
commencement of the case in gars only, is dus at Hongkong on the Mr. HarrisThis again is a which the Che Cheong Firm, 18th instant," and will leave for Yoko- thing that must be proved. hair merchants of Des Voeux hams direct the following day, She Mr. Melbourne-No evidence Road, sued Ha Kwan Shun, return here on THURSDAY, was taken, but the charge says so. comprador, of 17 Connaught January 2nd and rail for Singapore, Mr. Harris:Yes, he is charged Road, to recover the sum $5,377 Penang, Rangoon, Calcutta, Madras, alleged to be the balance of the Colombo, Bombay, Busz (for Cairo), Mr. Melbourne--Then unless price of goods sold and delivered Fort Said, Messina and Marsailles on MONDAY, January 6th 1918.MEN
7,25
Dozen of Half Bottles Case of 100 Quarter Bottles
Dozen of Quarter Bottles
SOLE AGENTS
1.85
9,25
1,25
ײן
Wine Merchants.
they should have a hearty wel-in the neighbourhand of the Exile
Quite a commotion was caused with being so come extended to them, for it may Garage, shortly before four o'clock it is disputed.
at the defendants' request. A number of vocant first o'ang berths GANDE, PRICE & CO., LTD., be said that the Colony has never this afternoon, when a couple of Occupation No Conviction. Mr. C. G. Alabaster, with whom are available at moderate rates, and listened to betler musis, laughed
Mr. Harris-Now that does not was Mr. Eldon Potter, instructed special accommodation can also be book more, or bean as pleased na. they tins of petrol happened to be- have by Mr, Hartman, and his como, ignited at the rear of the effect the case; the fact that he is by Mr. W. B. L. Shenton, of ed if required. For farther particulars
premises. Two European police-a cook does not convict him of Messrs. Denoon, Looker and please apply to state Company's offoria.
mon with the aid of some sand exporting opium, and my point Deacon, appeared for the plain- They leave to-day for Manila extinguished the fisme before the is that I can give very tif; and Mr. T. C. Jenkin, in- where their success has also brigade arrived. Very little strong grounds for a re-hearing structed by Mr. W. B. Hind, was
damage appeared to be done, I cau call evidence not called at for the defendant,
been great:
JARDINE, MATHESON &
VITY CO., LTD.,
WW Agents.
18, Queen's Road Central, Hongkong.
HONGKONGAMA
phone No. 185/
Hongkong 12th Nov., 1812. [344 Bongkang 1st November 1912
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