1911-04-13 — Page 7

THURSDAY, APRIL 13, 1911.

BUTCHERY CASE ENDED.

To-day's Proceedings.

*VENDIT FØR VEFENDANT,

THE CHINA MAIL.

EPIDEMIC OF FIRES.

Firemen's Narrow Escape:

at the Supreme Court, for an account at i delibomtaly committed-perjury, is should I Summissiou to be paid," : «He did not know pilioni about quarter to two.

defendant.

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-Mr. Potter-That it was dealt with-ly. After ilmling with some other points. In Howell in the box there is no dubt. - Mr the case, his Lontship came su to the (*) questing of the" Nila of the business to Benvis vraiembers it.

han Ked. It was suggested that no other MR POTTER'S CONTENTIONS Arangement could possibly have boen. Mr Potter proceeded with his addready than to agree to the forced salo to the first person; who came

There was quito an epidemijo of lies in The case concluded, before the Chief Dealing with the suggestion that there was along. But another armngent was per the Colony on Wednesday night Dy for __Justico (Sir_E__Piggott) to day in which (nu notunt sale of the luminess Counsul fuctly possible. Nis Landship should have the most wydig one was that which bryko John Taram, runner at the King Edward | aid if that was going to be auggvated, and thought it would have been possible in thù mit on thors. Telemachus, which in anchor- Hotel, uued Frederick Howell, chief baile it was hinted that Mr Watkins had circumstances to arrange for wine-sinnlled off West Point 7h outbreak was

if:Kami Roo would have accepted it, but be clearly states! It was givived leg over some steps should have boui iskers to yes in the morning it basing occurned the reeipts and disbursements in ameelelming evilence that there was a sale, if he would. The point which had in No 2 hold The skip had on board tion with the business of the longkong and any suggestion made to the contrary leon overlooked was that "Usey were cargo of ban and arrived from Batchory Company Mr M. W. Stride by pinintid had been fully and completely Hulling to Ram Kee a one which was well Saigon on April & The two firefonts KC (instructed by Mr J. 11. Gantiner) answered. Proceeding to comment on the time and which had bead the fire brigade under Commusuder C.

Lan yens before the European community was for plaintiff, and Mr Eldon Potter question that the sale of the business for "The Houskeng Butchery. 4. It was W. Beckwith, R.N., peru snot at the We try to conduct our store so that (instructed by Mr. H. Bavis) for 30 was an obvious under-valuation. Mr and it was a name in which Tatam ne well hose playing on the famos For: hours known to be Europlan establishment, burning slip and quickly had the powerful My Lowe wds re-ented and asked by his Putter asked who would be the nun teas Howell had a delimits interest. If the fireman kept working andl (about 8:30 Loriți what ciclision he had arrived by an undor-sale? Obviously. Mr Tatam link had a jogal adviser he would this morning the fire had been onni at on the figures.

Howell Every penny which, it was sold to have sanctioned such an arrangement pletely got under. The total amount of going through as it did. Howell the damage Jus not yet been ascertained Witness I think Mr Sade said he had for or than its proper salue would was to blame both in his own interest and but it Believed to be bandemble taken out thuse balances himself....

bu so much out of, Me' Howell's own in. Tatam's, and he must have rather Two freinen, Timothy Murphy Ar Slade-I jotted down the figures and pocket, and if he could have sold it-for ignored the fact that Tatar had a definite and Rigid Laringlan, had very nar they were added up by an roesautant... $1,600 he would surely have done so. In going to be usil, as it was in fact asad, by man wero knocked down the hold by interest in the name which waso escapes Kith their lives Bath Witness-Well, the only correct thing, conclusion, be submitted that every allega- the Chuaman who bought it. The curious the hose, and dropped into about my Lord, is the adding up,

tlun tuniặc by the plaintiff in the case hnd thing was that the 2200 paid for the busi- eleven and a half feet of winter. It failed sterly. The plaintif could not askiss was enterol us for furniture sold. oud was pitch dark in the hold and the smoko apparently the good will was not considered, wrs very denise. Fortunately the two men for an account in the Hongkong Butchery though Ram Kee used the word goodwill. had the presence of mind to cling to the business, because he had laid on account, The point which his Lordsaid not like hose and repes which were quickly lowered. which was proved to be a tenne and which mediately after Tatan had left the Colony, by rescual in a very groggy condition. Bad

tint

should be done in by their corales and they were eventual- thing showed that he was heavily indebted to It was inevitable that the man who believed the water zot been in the hold the two firs Me Howell, Most curtainly plaintif could he had been lefsute shoull when he cammen might have been killed. not ask for an account of the Hongkong

back hava the idea that there had been a Another fire occurred at No. 116 Second Butchery Company as at prescut existed, Hu Lordship did not think plaintiff was just when a heavy rainstorm was passing. conspiracy to get him out of the Colony Street about 8 o'clock on Wednesday niglit for the very good Xuason that Me Howell got out of the Caling to theright hurt over Hongkong. It was a thren Aroy had no interest whateror in that Company thought, on the other

was_n_strutels of his imagination.. He

buildi

the top for being occupied by land, that he..

techo the tapult and securit you

lay hingell consider blette by lies. The hire wan county w every allegation of Framl. inde by the because it was his own business-le the two lower floors and the firemen were sinistering weselnd-futed lookitar his interests, and not long on putting it out. The daarges utterly. The land best pred as allowed things to slide, he took thig herth

far the Court could not be him. Hobelieved to be great and it is understood conclusively as anything could bu by Mr on the Pelican and two days afterwands Howelland hir witnesses.

these arrangements were.mado:

Dealing with the statement of accounts

There was also a small fitent Sai Kung drugs add-chements Our Double- showing the business in 1800, his Lordship and damage was done to the extent of said here again the Court could not help about 2500. It is believed that a spark got elock system protects you against Tatau. He had his own affairs to look amongst some dried grass which was in the state of alama which Mr Hovell was unhouse. after.

The only question aras whether the house ami set fire to it and eventually the doubtedly it was thoroughly justified. Tho accounts were, he was bound to my most Wing Loke Street in piece goods and exterinary. Nobody secaned to have clothing shop. The whole of the building. been able to a unravel them in Count which was three storeys high, was com Mr Lowe anival, and BIs Love ha cer- pletely gutted before the are brigulu were tainly put the perfectly straight. His able to get it under. The extent of the Lordship was bound to accept evidence of damage is unknown:** that sort, for Mr Lowe was immersed in

His Lordship-Oh! But the Registry adled them up t

Waness I said the only correct thing about thora is the adding up.

His Lordship-Oh! I beg your pardon. Witness then indicated certain omissioner Mz Blade-It is perfectly possible to

makes mistake.

Witnows-Of course, it is, my Lord. But Jivants to gross curulusanta.

Ar Shadi-Are these mainly items of,

culating events

1800 1—I have not lookni to see that

I want to understand where the pros come in-In the books that is all that interests nie. There is the klance in the books on 31st January; why you didn't take it out I can't explain.

I don't ask you to explain anything what I did. I am making you to explain what you did You took out all the accounts which were outstanding on the face of the books at the end of January Certainly.

And you found that on these gures there are a number of omissisins? - Cer-

tainly,

I suggest to you that most of those

1 SLADE' SUBMISSIONS.

Mr Sinde, addressing the Court, said the problem the Court had to solve was whether or not there was a genuine sole on January 7th or th, 1897, by which Howell entirely diverted himself of his previous interest in the Butelery, because Howell had up to that date the right to half the tial net profits made by the Batchery.

3 Potter-And never got any. Proceeding, Mr Sinde said if Howell did

Was

this

Commissions, are not carried forward into not in January, 1897, after the departure/gures and accounts all day long, and no)

of plaintiff, entirely divest himself of that the

doubt his view the figures must be

Jazury at all?-1 inve not leaked

to see that. That is immaterial.

His Lordship-I don't think we can Mr Blade-Bat he seems to think that when other people inake mistakes they do

it on purpose.

Mr Low--Oh, no.

| right to balf n'share of the profits but had same

right one. But At

tirac, bo

the

TIES bound

took at first on the figures, there was one'

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Still another fire occurred at No. 4

-SATURDAY'S GYMKHANA

The entries for the fitst Gymkhana of the

...

errors.

WATKINS, Ltd.

CHEMYST:S.

HONGKONG.

season, which is to take place on Saturday 31, Queens Road Central, afternoon at the Race Course, Happy Valley, are very fair. Below wo give the names of the owners and ponies and the weights.

Mr Potter-There are no suggestionof position in 1867 and now ?. He was enty way of looking at the dgures, and Tua KERRY Cer-Balf-Mio Flat Race, THEORIA SKALING TINK"

Lint by us.

Mr Shado-What is the on the face 4f the ledger.?

ambustees

Mr. Ching's Urgent 152 The Mr. K's Donau, 182 ba Bajer W. N. Withycombe's "TroLo

162 lbs

...

asserted just now that the only correct sted. and, he thought, proved, Concinding, his Lordship said: This thing about these figures was the addition. I should just like to know de a matter of curiosity the number of corrections you made. There are 500 cutries nearly, what

retained for hinnelt secretly any interest to say that on the view hao (his Lordship in the Butchery as at present carried on way of looking at the accounts by which he and as it had been carriel on frein that suggested there was loss on the finst day to this, then defendant was liable month, which was naturally to be expected, in this action. What was Mr Howell's | and a profit on tlie following three months. Of course, that was only a very rough and a Government servant prohibited under Mr we, after examination of the the rules of the service from carrying pointed eat that there was a profit on the on any busines He knew that and Lo first month and a loss on the others. When Witness--83,508.55, a diflortico of 8110. l stated in the box that he was keeping they came...to examine the figures it I can give you what I should-way way he very quiet over the whole matter, and was perfectly clear that there was a MrJ. de Hoghton's Polar Bear, 1521be. arewable explanation of that connection with the business, he did not see that Mr Howell did not wish to Me H. d. Law's The Rep. 149 lbs.

thought a good many people knew of his leakage of some sort, and he was gind to Mr James' Christmas Tree, 162 lbs. tion, mather.

want it any meie palked about than he attribute that, in any way to Mr Tatam, Capt. Dwyer's Tulus, 149 lbs. The majority of them are in small could help and naturally for the sake of There were other discrepancies in, the Mr Blauk's Daxal, 140 lbs.

his own position, entirely apart from any figures which were not very clear, but Air MD Bisshop's Sonuy fim 149 lbs. Jshould just like to know the number question of his relations with Tatara, he the evidence was not sufficiently strong for Me H. Humphrey's Seaweed, 149.Ibs....

You would continue to keup very quiet about him to base a deliberate, judgment. Mr T. E. Forrest's Rejected. It he

THE GYMERAJA STAKEN, - of corrections you have made.

his connection. Then if, the (Mr Shade) them.

Me Duddoll's Dorandu U, 151 The.. Howell did in fact get rid of the business being so what it comes back to having Mr T. S. Forrest's 'uchendolly 146 ihs. un lernie which left Tatau in the cold and worked from the end of the case to the Me Macedo's Inta, 140 16a, kept himself in the warm, then he would beginning, is that on the action, brought at 31r. Ell's Kadooris's Arcadian Chief, have another very good reason for great all the allegation must have been sectucy. It therefore became very difficult fraud, And the question is whether Mr Hiokma's Korry, 140 - is the number of corrections ?-72, my to ove hid it could only lie-done committel. Now I cannot. It is the most Mr O, K's Mombassa 140 !»». · connection, if it oxisted, with.} [ - can find that fraud has been Mr Brutton's Odoombe; 140 lbs. the Butchery,

alvantage of his errors of Some of these corrections are merely by ay lava tisplayed them during against, à man, and hence it has come po bu / Air Cymru's Dylluan, 146 lbs,

judge serious, civil charge that can be made Bir Gülpin's Caprica, 148 16s... corrections of folio numbers-I beg your sottone of the years from 1807, to the the accepted rule that it must be proved BF Forrent's fast in Spite, 146 lbs.

present day--errors in doing things which to the hilt. I do not think, however bir T. S. Forst's Alacrity. 148 lbs, Mr Potter them resumed his address, on seost and therefore could he dident I feel with regard to MaDie TEXT PROGIN

brought up against hân. It is only by

K. O. Y. L. 1. A Team the ale and error of judgment of the

(KOY, LI, B Team faudulent scoundrel we sabot him to he,"

Capt. Brierly MeLawder Mr Bishop Mr M. E. Logan MrG, C. Moxn

Lord.

· pardon.: It is not to, my Joni,.

He trét dealt with the suggestion of jaintifs that defendant was part owner

ment s

of these items, and however conscious I am chat the explanations have not

been altogether satisfactory, yet I am of the Hongkong Butchery, and submitted said Mr Shade, that, the find has ixen and to hold that the charge of frand that the Court could not have a more co-found out. Our suggestion is that he is not proved to the hilt, and therefore the pleto failure of allegation than on that reamed an interest of some wort-we have judgment must be for the defendant and, particular point.

Hi Lordship-Thore is one important piece of evidence which you must deal with

Mr R. F. C., Blaster"

not been able to prove how nruch-in the of course, with costs. But I think from Butchery Company, and that he has it down what I have said that a great deal of to the present day. Cannel then went this case at the length of Linke into the points which he considered had and exunimations which have been The LAPS NOMINATION, been proved, and navetted that his attack necessary" luve been brought about Mr M. D. Bisshop's Sonny Jim, Chirs the entry in the account books that on the books had been justified up to the by these more than bijudicious

M.D. Bimbop}

5200 was paid in December. You must

not pass that over.

hilt, in spite of the whitewash which had acts of the defendant. They do not conio Mr Ching's Urgent (Mrs Marray I been applied by Mr Low

within the rule of misconduct; they are

Bain)-

AL conclusion of Mr. Slade's address not misconduct; but undoubtedly a grant Me Daddel's Dorando II. (Mra Leo the Court rose for the tin adjournment, den) of the trouble of the cassins arisen his Lordship intimating that he would

think the only pre judgment at 3 a clock.

Mr Potter That was mentioned to Mr Howell when he was in the box, and he has Four Lordship that if that is put down in December, that is a mistake. And he w has given you evidence in support of that suggation and pointed out a mile of butter enteral by Armstrong in December was paid in January."

His Lordship Ot, I did not remember

"that, I should like to see that.

Mr Bill, the Court usher, then produced dearment which-bo handed up to him Lordship

Mr Slade What is that? It has not been produced. July 2

MT -1

My Blade What is it?

THE JUDOMEST.

from then And so I

D'A. 6 Castro) equitable order I can ranke is that judg- Mr J, de Hoghton's Polar Bear, (lim ntent ha for the defendant with cotta,

Potts) Mr E. Kadserie's Kentucky Chief, (Blus E Potts) Messre Lowe and Hickman's Kongs (Mrs Mackie) Mr O. Ka Alsters Mrs Ven Wiss) Capt Warden's Moonbextn, (Miss G.- Potts) ONE MILK FLAT ICK

In Hiving judgment, his Lordship and but he must pay to the plaintiff the cage had been fought with considemble the costs of three days of the trial, rancour but ampposed he ought not to that is three days, not including the first be surprised at that seeing that there were day, serious allegations of fraud against a public

Mr Potter-1 take it that there will be efficar. With regard to his Lordship's own a set of Judgment for defendant with attimio on the case, he was certain that costs and a set-off?

the defendant fully understood that het His Lordship-Yes -

(hi Lardship) had done-he Itad insinted'

with gruit particularity on every point

being thoroughly investigated, but he was RESTAURANT KEEPER FINED not sure whether defendant's legal advise:n

had quite appreciated the situation. The p

Hem Tik Chi, of No. 89, Shanghai

Mr T. 8. Forrusta Auchandol-150 bi Mr T. Forrest's Alacrity, 1050 Th. Mr Bratton's Bantam, lid iba h

Mr Neilson's, Hartwood, 158 lbs

ase was by no means plain sailing. There Street, Yaumati was summoned before MMD. M. Roes' Tomihank, £75 lbs., were serious allegations of fraud, and the E.. It, Hallifas, at the Magistrany this r .K's Doasu, 152 lbs

only way in which the case could be apaterooos, for allowing intoxica ing liquor Mr Cymru's Jack Spraggon, 157 Ihm -

Mr G. Jay's Trevint, 150 hs... preciated as by looking backwards. There to be sold on his premises, to other persons 3 Black's Durel, 1473. defendant any aliare in the Hongkong night and 6 s.m. Buteliery Company, any interest what

mid-

Mr Hill-A statement of acerunt. Foram really on vital point-base than Chiness between she haurs of Capt. Dwyer's Tralca, 147 lbs Mr Blade I have not seen it; it has not ever 3 of he had, the allegations Mr P. s. Dizon appeared for defendant.OSE AND A QUARTER MILE FLAT RACE,

bitter. A MA

been produced.

P.O. Hohd gavo ovidenco that 12.20

Handicap, M-GUpia: Caprice: 181

..

Mr Potter-Yes it hau, Br Howell and Cerbin information-and serious informa-taurant in company with Sergeant Ingim Ellis Kadoorie's Arcadian Chief,

in evilence Here it is, here is an account

for butter."

Mr Slade-It has been produced from

Hotnewhere. I have never seen it before.

Mr Potter- heg your pardon.

Mr SlThat is the sort of thing we

His Lordstrip-Don't let us get tangle.

have to put up with heru

this moment. A

voru practically established. Having while on duty he went to Yee Fong rose 1. S. Forrest's Rejected, 157 lbs. Kon-the plaintiff could hardly frame bis and found two uropean soldiers thereby gram 16-1 lbs, case, in any other way than ho Ind done each with a glass of staat in front of them. Mr OK's Mombazan, 164 1h It was either fraud or nothing. Now, it His WorshipDid you find out that the Mr Dratten's Odembe. In by license was a Chinese restaurant leone Mr Cymru's Dylluan, 140 lhe cano, there were points of very great im No your worship. I know it was a portance involved in it. Perhaps each of Chinese restaurant license.

By Mr Dixon-The two Europeans had

was quits illa to pooh-pooh the plaintiffs

the points was not, no important as

Mr Velox's Greylack, 147 lims'.

the other, but taking them collectively been eitting for some time? Mr T. Sa Forrest suchendelly, 140 low- they were of the utmost importance, Flo

Major

as ODI

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Hongkong, November 29, 1910. -1441

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62a, Qucon's Road Central -Hongkong, February 9,–3911,

THE MESSIAH” AT. ET. JOHN'S CATHEDRAL

191

A Good Friday Programme. The usual performance of selections from Handel's Messiah will takes place in St. John's Cathedral at 9.15 p.m. on Good Friday The Good Friday music from. Wagner's Parsifat will firét be played and will be immediately followed by the

Mowichaelection. The Cathedral choir- will be naisted by about 30 other voices and the soloists will be, Míru Goldsmith, Mrs T, L., Perkins, Mis Kew, ME E PE Watty, Mr.C. Higginbotham, Ir E. Best,

Mr R. E. "White and Master T. Martio, The selection includes the greater part of Part 2 and aight numbers from Part 3 of the Messiah."

The collection will be in fl of the Cathedral Organ Funit for which the sum of 83,000 in still muted. Two years ago, awing to the efforts of Mr Desmon Fuller, who mined the sum of 80,000 for that purpose the Cathedral organ was alusont- entirely rebuilt but the instrument as not yet beau finished owing to a lack of funds; it is to be hoped that the collection on this occasion will aterially amine the work of completion Any separate contributions towards the Organ and will be gladly received by Me Dumon Fuller and acknowledged hy Dr Funcis Clark, Sho Catural trenITE

Cap Hughes Tickey, 14 the Mr Macedo's Insa, 142 lbs. Chinamun with thom. There were must say that every incident on which talking Yun, a

WN. Withycomix's Tregon, Mr Potter nun not tagie, y Lordplanation, mametimes very complicated bought the drink No,

the plaintiff relied had required “or- Y cannot say if the Chinesa Mr Shade That secount I Inve goverexplanation, and sometimes the explant drink up his stort before he left.

SUNE SOTER FROM THE RADA In the Half-mile Traleo, if rld, by Bis wen, and it has never been produced before on given had not born altogether His Worship-There was no doubt the David, should in, but he is hell over for

satiktnctory. The defendant anemed to glasses belonged to them? No. the One Mile Trogon has good chatice. his Lordshipte, lave baun busy making Hi Lordship Thave seen this documentaridente, agnist himself. Habis Lore

air Dixmi These man told yim they The Gymkhana Stakes will probably and Fifty thousand personssembled ti ship) wished to emphanso the fict that rese usata of the Chinose, they din hard fought fish between Kerry and with a fotball match at Cardig on Mr Slade Then I don't know how it talding the avidanes colkelively en which tell and that

Caprice nil the intrer should win Kerry March 11, and a terrifilo crush took place. Aparter in the Yes Furg restauri who is to be ridden by Mr. F. Many persons fall from faces and other the kit had relied it was of excusave stated thist-two Europeans ce into fliegtar impontando, and overything which had been Freiurant and ordered drinke. They had

The Ladies Nomas of course any body pointsof vintage roundtheplaying grom. admittedly done, were things high hearge betilen of porter and stay brake, but Decundo Lasgela & jockey who at man broke his back → Beverni nien,- defendant would have done if he had man for which he dollected 82,04 bout and hold him should be well up it the wulering from fractured limbs and internal ha sa interest in the Hongkong Butchery 11 30 o'clock the two Europeans went ah, C Company Continuing, his fordshiprati the next table and asti bere talking Tralee should win the One Mile easily be at a plan

porn injuries had to be taken to the hospitality, -1 fest almost nahateed to my what Lam Witness did not notice whether their though we hear Baritast is going strong and Mr Potter-I was handed to four going to say but I have mow many cases teens watthem drink or not but he will give hitra gond fight for

DANGER AVOIDED us whiol Chinese Jave ben involved in not give them anything to drink of 1920 The M1 and Quarter Ifandicap should THERE in bitte danger from a cuid of verdists which have mengst them in of his fekisi gej

store a good raco Caprice, ffle wine tha cept when followed, by pústnienia, hat if he soon the Arnadian Chief and Gogh Hamedy Torcy, As símilys teslimory

Ofmkhana Bakas, probably will not plead this never aspirans when Chabrain dombases will, we think he the three in won its great reputation and extensive mu noctia anish, though Ines with only 142 by ita temarkable Burtul cold and can the to carry has good chance it properly ho relied upon with inplicit, Confidens

· For and by all Chemlate sand Storekeep

* Ina gob among your papers. It was never

produced

Mrter-It was Your Lordship "Hooked at itz

·His Lordship—It is not marked.

Mr Slate How erald, it get choquencoff accumulation of evidence in this waiter without being shown to me as it ought to way I shall alwyny thing if it had been H Worship printed out it we serioas kars hent I don't understand it. Your tried by a Jary I do not think the fury bronch of the leate, evad if no drink

it liberly to put in things would agree, and therefore I annenson that we sold to the Europeans. The prince

cass and give my opinion on it with the without letting the other side ase thom very greater hesitation and draw mount to prevent the file of liquore

to Europeas A fióe of 820oposed iden

good life aged 25 next birthday.

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March 1911

TELEPHONE NO. 185.