1909-08-11 — Page 5

WEDNESDAY, AUGUST 11, 1909.

THE IOR WARRANTY CASH.

Contention for the Defence.

THE SHUT ON CASE.

THE CHINA MAIL.

HONGKONG AND SKAR GE

HANKING

The following is the concluding seidence given in the abore case at the Marina The eighty-eighth report

director to the ordina COUIS youberiny

meeting of shareholde

Llado. O W, Beckwith, was: Fresident of

Baturday, the

evan carrying out the week's test run as provided for by the contract. Defendante believed this claim was an attempt to fasist on their doing something they were never A 6th day was socupied by the Chief meant to do, and which the plaintiffs never Justice (Sir F. Piggotty and the Puisne intended them to do Proceeding, Mr Judge (dr Justice Gomperty on Wednesday MaNeill contended the prunity did not the Board; the other members being Hall Hang In hearing the action brought by the Hong mean transparensy. The Milling Co.'s los Capo V. Lloyd, of the .. Fatahankanst August, is follows

Gentlemen, The Directors have now to kong Milling Co., Ltd., of which Mr was what he should call "parkling" Capt. A. E. Hodgins, of the s. Hatyang Hornos Parry Smith is liquidator, against ice, being brilliantly crystallised. The Capt. P. H. Rolfe, of the as Tuen Sangyo a general statement of the Mörs Arnhold Karberg and Co. for a sum point was what clearness man and Lieut. Henry Butterworth, af H.M.S of $300,000 damages for alleged breach of would not say that when one asked for Tamar.

cus asked for clear Mr WB. L. Shenton, of Memes Descon, warranty by the defendants under an amparont ico agreement to supply an ice-making plant. It seemed to him more likely that Looker and Deacon, appeared on behalf of warranted to produce ice of a specified what we wanted was that quality of the master, Alexander Nelson Smonton brilliancy which the Milling Co.'s ice had. The m-te, William James Hanlon, waa

The Chief Justice-It struck me yesterandefended. Sir Henry Berkeley, K.C., and Mr M. W. Slade (instructed by Mesars Hastings day that if a dy wanted an ornaments! and Hastings) were for plaintiffs; and Mrico block for her table, and had one of the Daucen MoNeill, of Shanghai, and Mr C. Milling Co.'s blocks, all her guests would G. Alabaster (instructed by Mr B. W. any how protty it was, Locker, of Mosam Descon. Looker and Deacon), appeared for the defendants.

quality.

Before the address for the defence was rasunod, the Chief Justice said that with reference to thele sisit to the fes Works Festerday it seemed to him that it would

Mr MoNeill agreed, adding that the Milling Co.'s leo was to brilliant than the Ice Co.'s Fersonally if he wanted s piece of ice for usa with a drink he should prefer this sparkling is manufactured by the Milling Co, He contended that all that Jardine, Matheson and Co. wanted was

be very convenient, and might, savo disena-lenble ise, and no-one would say that sion, if both partics were to agree as to this ice was unankeable. what they observed, because one side might have observed one thing and the other side- something else, while they (their Lord- "ships) might have observed other things.

Mr McNeill-I think it would be of great assistance to dÊ.. '

.....

Mr Slade-I would do anything I can to assist your Lordships, but surely the thing is wbar your Lärdships observed.

The Chief Justice said he would prefer that the partius stated what they in- dividually observed.. There were two or three things be aw which perhape the Puisse Judge did not, and there might also have been some points which the Puisne Judge observed but which he (the "Chief Justico) did not. On butting a block of the Milling Co.'s ice down the centre, certain things were observed. For ex Ample, the needles did not come out in a bunch na they appeared to at first, but there were four main groups going to the four ends. Those were what he called the major zeedles and in between there were minor needles. That way on im portant fact.".

܀

about half a dezan facts.

Eventually the case was again adjourned

ARMED ROBBERY.

The Prident, on reading Mr Hanlon pruriously sworn statement, asked him if he wanted to add anything further..

The Mato: Not much, except thas. I swear that we waited half an hour for the captain that night.

The President: Anything else? The master went straight to his cabin. At two

look. I found him in the mess.com There was no reason why he shouldn't be there?It was his watch.

affairs of the bank, and balance sheet for the half-year ending 30th June, 199

The net profits for that period, including 8,008,294.06, balance brought forward from last account, after paying all obarges, deducting interest paid and due and making provision for bad and doubtful accounts, smonat to 35,483,440.41; ***

The Directors recommend the transfer of $750,000 from the proft and loss account to credit of the silver reserve fund, which fund will then stand at $13,980,000

After making this transfer and deducting remuneration to directors there remaine for appropriation 34,798,446.41, out of which the directors recommend the par- ment ul a dividend of two pounds sterling par hare, vis £240,000, which s

will absorb |1/94, the male of the

99,726,627,23:

on the

Was the ship under weigh—Yes.

The brainos, $2,001,81919, to be carried The capban was then recalled. He said to new prods and foes secount that after coming on board on the 18th Branches and Agencies-A branch office July, the compradore.came to hint and of the bank was opened at Canton

6th July, complained that the chief officer had thrown Directors-Mr G. Friesland having re- two baskets of passengers luggage over-signed his seat on leaving the Colony, Mr JW. Banduw has been invited to fill the vacancy this appointment requires. con-

rmation at this moetings

"A case of armed robbery has been repart-board while the ship was at the whar fed from Kowloon Tong. It occurred on The articles were recovered. He asked the

Tuesday night, when four robbers, ca mate what bas meant by it... armed with a chopper and the others "The ship's compradore deposed to the carrying lighted torchos, enterod a house. nate throwing overboard some passengers” Thoy bound up an old woman and tied her luggage while the Shui On was at the whet two daughters togather; after which they on July 18th. He did not report it to the turned their attention to the affect of the

captain. dwelling bouse, ovensually decamping with clothes and bangles to the value of 803.

2

24

DRUNKENNESS AND URIME,

Intent Must Be Proved.

The engineer, recalled, said he did not sue the mate throwing luggage overboard. Cross-examined. He beard it spoken about on board

The Chart was cleared and considered is cemeru its fling, which was afterwards read in open Court as follows:-

"Auditors The "accoasts have boen audited by Mr W. Hutton Fott and Mr J. W. C. Bonnar.

W. J. GRESSON;

·→ Chairman.

Hongkong, 10th Augjet, 1909,

LI BILLTIIN.

Paid up capital ... Sterling reserve fund

£1,500,000 8x. 2/- Silver reserve fund

Marine insurance, account Notes in cirtulativa:

(uthorised issue against

seattrities and coin de-

posited with, the Crown

Agents for the Colonies and their trustees,

# £5,000,000,00

15,00,000.00

14,500,00 1,00

然

250.00.000

915,000,000.00) 14,149,705.00 Current accounts

Silver 300,414,639.37 Gold £4992,72 14.3d 56,730,868.07 Fixed deposits Suve...

69,0 4,168 88

12. 1d. - 52,964 800.97

Gunner Stewart, of the RG.A. " We find the charges made by the master. shared before Mr F. A Hazeland at the Alexander Nelson Sea on against William Magistracy to-day, with stea ing « bottleJames Kenton, first seate, proved that of whisky from a compradores shop at 107,

you were drunk on duty during the 18th Queen's Road' Exat.

and 19th July, and that during that time An accountant in the shop, stated that your conduct was projudicial to good order Mr Slade My difficulty in this. I can state perfectly well. the facts which In Sunday evening defendant came to and discipline and mutinous. Further that the shop canccompanied. He looked at the charges made by you against the master.. observed, but I don't know whether the wines and spirits and then took up were unsubstantiated and therefore vernGL, 681,630 are to do it independently

bottle of whisky. He eaquired the tions. This Court therefore orders your Tho Chiof Justice-There would only be price and witness told him $1.10. De-certificate to be suspended for two your Bills payable (including The Paisne Judge said there were fendant then walked off with the bottle in Given ander our hands, Victoria, Hong;:: "draftson London barkers

hi possession. Witness sont a foki.after kong, this tenth day of August, 1999, certain things presented to them at the him to ask him for the money, but be Charles W. Beckwith, Lieut. R.N., Kre Ice Works, and his ides was that while refused. Then witness, woat to him and sident of the Marine Magistrate's Court; these things were fresh in their minds inated for the whi-k.. Defendant how- Heury Butterworth, Ligutenant RN; would be a good thing if they suggested over still retu ed. Witness then blew a Chas, V. Lloyd, master s.8. Fatshaa; the inferences they wished drawn there whistle and called a European constable, Percy H. Rolfe,. Younger Brother of from..

telling him wat hd happened. De-Trinity Bouse. fendant declared that he had bought the whisky, bur witness told the constable that he had not paid say money, There- upon the constable asked defentant to hand back the bottle, but he refused, may- ing. I want a drink." When he autored the shop, defendant was not very drunk. nor yet very sober.

Mr McNeill We might hand these to your Lordships in band-writing. I suppose? The Chief Justice-Yes; that is what

1 ...

Mr MeNeill then proceeded to address the Court on behalf of defendants. He said he would like to call attention to the fact that there was no evidence on which

their Lordships cold fairly act as to the kind of ice which was in * being man factured by the Hongkong Ice Company, Mr. Haston had told them that he took up na existitig systenvand carried it un accord; ing to his instructions as in how it had been carried on before. Begood that there sras_no_ovidence that could constitute any evidence on which their Lordships could fairly act. The warranty was to produce jeo of the same quality as was then (in -1907) being made by the Hongkong Ice

Company.

M1 Shade said, he was under the impres. sion that he asked Mr Haxton a question Es to whether the ire made by the Ten Co. in 1907 was the same as now and he said

it was.

Mr McNeill referred to Bir Alabaster's notes, and said it was so, that Mir Haxtos

declared that the ice was the same.

P. C. Glendenning etsted that when he was called "defendant was standing just outside the shop with the bottle of whisky under bis 33. On complain ant's statement that defendant had not paid for it. witness arrested him. De fendant has been drinking but was not very drunk On the way to the station defendant said he used to work at the distillery whore that particular brand f whisky was made; it was good wbisky and that was why he wanted it.

Inspector Kerr said when defendant was brought to the Station he was so drunk that witness did not take any statement

from him.

SPORTING.

Interport Cricket.'

Singapore, with the help of Perakend Selangor, will be able to send a team of cricketers to Hongkong in November to play Hongkong and also Shanghai. The last triangular contest took place in Bong Long in 1904 when the Straits beat every sloven put up against them, and some of their old players are still available. It is a singular fact that Straits clovens bare always been victorious in Hongkong. Farlings this year the tide will turn, for wo luce some fairly decent amterial to draw upom.

County Cricket

call loans and short sight drawings on London o

1office against bills receivable and bullion shipments)... Profit and lose account Lanbility on bills of er

abange re-discounted, 14,972,316 38. 10d., of which £3,671,148 148, 5d. have since run off.:

ASSETS.

Cash Coin lodged with the Houg

kong Government against Authorised and or excess note e rculation «..... Bullion in band and in

transit

Indian government rupes

paper Consuls colonial sad other

securities a

ment, viz.

Sterling reserve fund invest- 21,208,000 21 per cent.

132, 147, 328,44

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113,046 609.47 130,783,412.03 1,809,662,63

$245,401,236.85

DENERAL PROFIT AND LO88 ACCENT. Dz.

To amounts written off-

Remuneration to Directors 8·15,000,00) To dividend account

In the matches played on August 2 nad Defendant said all be knew was that he says the N.-C. Daily New, the Austra- was drank; he know nothing about the linne best South. Wales at Cardiff by eight theft of the whisky. He did not orea wickets; Kent defeated Middlesex at Can Bills discounted, lonts and remember going into the abop. He had terbury by an inning and runa: Surrey been drinking a good deal that afternoon bent Notta at the Oval by air wickets: but how much he bad drunk he did not Yorkshire delested Lancashire at Bradford Bank premises But know; he didn't keep count."

by 100 run; Sussex bent Hampshire at he submitted that in view of the fact that "His Worship said the casa mised the Brighton by 100 runs Somersetshire this was a matter of opinion their Lord rather difficult question as to how far defeated Gloucestershire at Bristol by 116 runs; Essex beat Derbyshire at Derby by ships should have some of that particular drunkenness was to be taken into con-

The 136 runs; Worcestershire defeated War ice before them before coming to a consideration with respect to crime. clusion.

rough and ready rule was that drunkenness wickshire at Birmingham by an innings and Sir Henry Berkeley - The ica is all gone was no excuse for crime, but there were 23 runs; and Northamptonshir best Leices Continuing, Mr McNell said the plain- certain crimes where the intent procedent tershire at Northampton by na ionings and tiffs had been treating the warranty as to the crime being committed had to be 11 run. au absolutely binding agreement to taken into consideration. After quoting a supply ice identical with that manu standand case on the point, his Worship factured by the Tee Co, but.. he said in that case, the proscention, had not contended that the warranty between satisfied him that there was a felonious Mr Rennie and Jardine, Matheson and Co. intent at the moment defendant took the was of no such serious a kind. He also whisky, and therefore- ko suggested that when the parties entered into it they did not care whether it was carried out or not. Mr Tennis was glad

discharged.

would be

1)

While Mr Willism Grace, of Bamp to have a market for bis ice, but if Jarupe, stead, was walking on the sea wall at Matheson and Co., having bound him to Open Island, Maidos, Essex, his straw hat supply ics of the same quality as that of was blown into the river. He undressed the Ice Co, did not take it, Mr Rennis and swam after it, but when returning he was prepared to find a market for it him was seized, with cramp and sank

ง่

The Pioneer learns that there i The Fuisne Judge-Whers' do you get

some uncertainty as to whether Sir Charle Clint 7!

Mr McNeill-I get that from the fact Wyndham will be able to carry out Els that Moser Jardine, Matheson and Co. wish to visit India this cold weather: While got from Mr Rennie, what was almost a Sir Charles is much inclined to visit the throat to come into competition with East there are a number of dificulties in them. And the mfusal of the Ics Co. to the way, and it will be understood thats allow Mr Rennie to inspect the ice they tour in India in which globe-trotting and were then making strongly supports the theatrical performances are combined needs suggestion that Jardins, Matheson did not a good deal of strangement, Angio Indiang care about Mr Ronnie being able to per. will be greatly disappointed if the projected tour has to cancelled and if the famous form his part of the contrast.

Continuing, Mr MeNeill said the Inector-manager is unable to bring his cum spection of the comparative loss was made pany with him.

at a time when the plant had not been

RESULTS TO: Avgust 4, 1909,

Counties.

Drawn

Points

Por

510 TL43

£ per share on 120,000. shares➡ £240,000 at 1/912,726,627.22

To transfer to silver reserva

fund

To balance forward to, next

half-year

Kent (2), 19

68.66 By balace of Yorkshire (1). 19-10 2778

07:14 undivided pro-- Lancashire (7) 18 11 34-8

1 31st Dec 41,18 Surrey (3) dari 22 Hampshire (15 Sussex (5) 14:4 20 8 3

3,33 By amount of 11 3

0:00.00

Het profits for Middlesex (4)

the six months 77.1000.00/ Northampton (15) 157 7 10 Worcestershire (6) 14 862 000.00

on.ling

30th Jane,

1909 Natts (8) 18 5 8 3-3-23.07

aftar making Somersetabire (16) 10 3 3 2-225.00

bul and doubt 42.85 Leicesterabire(13) 15 34 40.00 provision for Exox (11) 11.7 -8, 75.00

14-267-3

ful debts, de Warwickshire(12) 15. Gloucestershire 17 1 10 6-9 -81.81 ducting all are

pensed and in Derbyshire(14) 16 11 4-10 -83.33

terest paid and The matches between" Ensex and Leices tonshire et Leyton, and Essex and Middle- sex at Leyton, Wore abandoned and are not included in the above table

Frank Wootton, the boy jockey, who we reported short while ago as having sustained an accident while riding Arran more så åsort, was riding again at New- market on July 13, but without succes

balans

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