1902-12-03 — Page 3

ROYAL HONG KONG YACHT CLUB.

The third Chub race was sailed on Sunday, November 30th, in a good, though somewhat variable, breeze of about thesame strength as that which prevailed in the second race. Between 12 and 4 o'clock the wind in the middle of the harbour was considerably stronger than at the start, and kernon, doubtless in anticipation of a freshening wind started with a reef down, which piece of caution to all probability erat her the race. The start in the rat ohus-was.

SUPREME COURT.

Tuesday, 2nd December.

IN ORIGINAL JURISDICTION. BEFORE KIS HONOUR SIE W. MEIGH GOODMAN (CHIEF JUSTICE),

THE HONGKONG DAILY PRESS, WEDNESDAY, DECEMBER 3rd, 1902

LATE TELEGRAMS.

CHRISTMAS & NEW YEAR CARDS

ILLUSTRATED WITH VIEWS OF

A

HONGKONG AND CHINA,

EASTMAN'S

KODAKS, FILMS AND ACCESSORIES.

ceased to denote the plaintiff's ownership. These matters would have to be gone into by.. snd-by, and be submitted that the mere fact

NEWS VIA NORTH AUSTRALIA, that on tract was put in by the other side

AUSTRALIA'S TRANS CONTINENTAL LINE, from the judgment of a Japanese court, without. them being acquainted with the facts stil ba

Adelaide, 7th November. fore the Conal or the arguments or the way in The Transcontinental Railway has which the plaintiff a case was shaken, was through all its stages in the Legislative Council practically inelevant. This Court would also New class are inserted providing for the have to consider this point-the-use of the use of Australian-made rolling stock and word "tansan" in this Colony, It was possible other material; also for the transfer of the rail. that while in Japan the word might love become way to the Government at the end of a poriad more or less la common us so as to inlicate to of twenty years from the date of its

its completion. persons purchasing tansas in Japan: gatel The Billie else. further amended in the dire mineral water, in Hongkong tion of striking out all reference to minerals. generie term

Тье they might be entitled to protection.

Clause 32 has also been negatived. This question would be, How does this tamen stand provided that for every mile of milway con fu

be whether were ongkong what reputation bas it for structed the coatractor shall be entitled to a

grant in fee simple of the land to which he is DEVELOPING AND PRINTING UNDERTAKEN. thousands of people in Japan food of drinking untitled under the contract, together with al Mr. B. E Pollock, K.C., barrister-at-law, mineral water labelled "tanaan," but what repn- gold metal and minerals, thereon and there- tation the waters had in Hongkong and what under: Provided that ao grant of land shail appeared for the plaintiff (instructed by dr. Cindividual or firm acquired that reputation for be made for any portion of the railway which D. Wilkinson of Messrs. Wilkinson & Grist, ansan in Hongkong. He would submit that is less than forty miles le length." solicitors); and Mr. M. W.-Slade, barrister-at-30 far as the evidence balore the Court rent it was all one way, namely, that it was the plaintiff law, appeared for En Shu & Co., the defendants

in this case, Mr. Clifford Wilkinson, who' instructed by Mr. F. . Deacon of Messrs. had acquired in Hongkong a reputation for Deacon & Heatings, solicitors).

THE "TANSAN” DÆPUTE. This was a cross-summons arising out of an application by J. Clifford Wilkinson, Kobe, Japan, for an order for an ex parte injunction very oven, bat Alannak to loeward was badly against Ea Shu & Co., Hongkong, agents for blaketed by Biune. Vernon was to windward Ishimiohi & Co., Kobe, Japan, selling or deal- of the other two, and by the time the bests crossing in mineral waters under the designation

"tails."

Mr. Sindu made a motion that the order for an

langan.

got

ship.

tacket for thu first time bad established a clear -lead. Alannah did not inom to be going as well se in the last moe, and both her rivals soots drew char away from her. Dione, after clearing the

ROCIAL DEMOCHATS IN ADELAIDE, shipping, stood factber in towards the Hongkong

Adelaide, 7th November. store than Version, and getting a stronger tide

Maun, the noted English socialist, delivered and some Is vourable southerly puffs of the bills,

a lecture here last evening, on the conclusion of which a strong sociallat denoemtio party was gained considerably, and shortly afterwards,

His Lordship, commenting upon the simil-formel There was a regular rush for inen- jassed clear aliead of the other new boat. For some distance there was little between the two, ex parte injunction previously obtained in that arity of the labels, wid that if it was shop that but as they approached Lyeemoon the wind got Court be set aside on the grounds of misrepre- the defendants had changed their yellow trads-

Ten porsons are now in custody in connection lighter and Dione rapilly increased boy lead.antation, the suppression of material facts. mark for the later one more nearly resembling That order restrained the defendants from that of the plaintiff with the purpose of coming Shortly before the Buscon was reachel Fernon aling or dealing in mineral waters under the down and capturing the Hongkong market he with the recent bank note forgeries in London, The London detectives have been working tansan" sail the motion far would be very much inclined to stop it. shock out hur rout and changud foresails, very designation of

Mr. Pollock admitted that without evidence indefatigably, and have succeeded in ancavel injunction was heard. The material state- sarily, and being somewhat favoured by the vind lost. litlle ground during the operation. meat on which that order was made was the it certainly looked suspices. He would angling und of the hugest conspiracies to defrend Diane rounded the reaks about 25 minutes aboad 1 offidavit of Mr. R. H. b. Mitchail of Messrs.gest that the interim injunction be continued ever recordes in the crual anals of the Price & Co, in which he swore that the trade- until the particulars could be got down from civilised world. The ramifications of the plot On the run to Kowloon Rocks and the rock ark of the plaintiff which appeared on the Japan. They had at suy rate eamblish d are found to lasve extended throughout England,

of Vernon and about 4 minutes ahead of Alannah,

to Meyer's boy the-rolative pomitions of the bcats was unabanged, though Vernon drew up slightly on Diane and Atanak on both. Before Meyer's buoy was ruucted the tide bad turned and all thrm boats started working up the

BANKNOTE FORGERIES IN LONDON.

Adelaide, 10th November.

GOOD WORK. PROMPT RETURN.

WE HAVE AN ESTABLISHMENT SOLELY DEVOTED TO EXECUTING WORK FOR AMATEURS. AND WE HAVE LARGER AND BETTER FACILITIES FOR DEVELOPING AND PRINTING THAN ANY HOUSE IN THE COLONY

ACHEE & CO.,

1A,

PHOTOGRAPHIC GOODS STORE, QUEEN'S ROAD CENTRAL.

FEW DOORS FAST OF HONGKONG HOTEL. Hongkong. 15th November, 1902.

[208

and were torins in Junction. He dircharged it with wats. fabulous utiounts bad the serving not been for VICTORIA LITHOGRAPHIC WORKS.

Hugkong skoro, Veron, however, 8092 took a Colony and that the trade-mark registered Court that if they swem to a thing it was terrific tornadois. N.S. Wales, which has almost

31, WYNDHAM STREET.

CENTRAL AGENCY-J. LANDHOLT, THE PEARBACY, 14, QUEEN'S ROAD CENTRAL,

VISITING CARDS Engraved and Printed equal to the best. Copperplate work.

POLICE COURT.

Tuesday, 2nd December.

CHEQUES, BILLS OF EXCHANGE, COMPRAFORE ORDERS, Engraved and Printed by European Artist

Russia, Italy, and Spain, and every detail was bottle produced was registered in this Colony prima facie case for protection,

His Lordship, in giving judgment, said he so skilfully arranged that the backing systems en 23rd March, 1900, he stated also that the defendant firm had only recently started selling thought it was his duty to discharge the iu of these countries must have been victimiseft in this water described as tuskan selling it uheaper than the plaintiffs. Nowe did not say nor did he think that the tunately discovered in London at the onset.

GREAT TORNADO IN N.S. WALES. this any way in deceive the Court, but he wished to

Adelaide, 10th herember. investigation had been made and it transpired reacleman who made the affidavit intended in that no such trade-mark was registered

News is just to band of the occurrence of » os impross upon those who made afidavits in that entirely differsal in every essential material bng board out into Kowloon Bay, and Dione excepting the word "fazeau, which was really esential that they should not swear to it annihilated two considerably towns unfortuzale- If they were ly in its track, viz., Conowindes, about 27 followed her, while Atsauch stack to the written, 100, in a different way. There they unless they knew it to be so.

nest material misrepresentation of swearing simply, upon information given by miles west of Sydney, with population of 50. Hongkong shore, trying to cheat the tido. had a Atannah was considerably astern of the other the actual fact. Mr. Mitchell was not the somebody else they should say, I have and Peak Hill, 272 miles west of Sydney, with plaintif was Mr. Clifford been informed so-and-so and believe that population of over one thousand, The wind was plaintiff. The two by this time, but she might have had a Wilkinson, and he knew perfectly well what so-aud-so is the case." There was no doubt of such tremendous force that many solid stone chance lind the not gons too sloes in opposite trade-mark was registered, and Mr. Mitchell about it that the Court was decere, quite buildings weit, levelled with the ground or was not the only aguit of the plaintiff unintentionally, he admitted, as to the precise damaged beyond repair. Within the radius of the Metropole Hotel and get ashore on the sand in this Colony, Mr. Michell might not nature of the trade-mark registered kere. It

is complete and ruinous. bank which there raus out some distance from know what trade-mark was registered, but was sworn that a certain label was registered. in few track of the tornade the devastation

BULGARIAN AFFAIRS the land. On this bank she stuck for minutes the solicitors of the plaintiffs had not attempted As a matter of fact it was not registered, but

Loudon, 10th November. er se, and afterwards was completely out of the to say that they did not know. He would one very similar to it was. That mistake had that label now been corrected. Under the cizonmstances

great sensation has just beou croated go further and say that' nce. The two new boats had a magnificent which had been awon as being registered in he must find that the Court and not the fall throughout Balgaris by the publication of Vernon, with ber full sail, gradually re- Marcb, 1908, there was a direct natruo state information given to it when it was asked to correspondence showing that M. Ludskanoff, uced the gap which separated her from Dione, ment by the plaintif hemif, namely, the label make na ex parte injunction, and therefore be Minister of the Interier, lind organised a plot and at on time it looked as if she would make the bore the wide "registered trade-mark." it must discharge the order with cust. He did for, the murder of MM. Stambuloff, Valkovitch with stealing a Mansor rifia, a sword, and STILL LEADING Beacon first. But in the light wind ebse under was this false statement of fact which had not think there was any question of damages, and Beuteloff.

days. With regard to the second part of the the shore Dime again crept away and got round induced or did something towards inducing his as the order had been in fores for only o

Lordship to make the restraining order.

Mr. Pollock-I Cam under the impression that question, that the injunction be ecntinued until the judgment, he did not know whether Mr. it has been registered in England.

Pollock wished to go into that further.

face.

lie mark shout a mintle ahead. On the rdu Vernon picked up a little, but not enough to give her the race, which ended as follows.

Points Total Dione... 4 27 14 10 21,

48 Vernon 429 0 Alannah... 4.39 · 0

115

8.

ONE DESIGN CLASS,

Bonito nad Kathleen crossed the lay together a few seconds after guadre, Bonito hoing to windward or the mark boat with Mix and

04

ta=882

Mr. Blade replied that if that was the position

Mr. Pollock said he was willing to continua of the plaintiff it shoukl have been stated previously. There was no evidence on the point. tion, subject to an undertaking for damages

Mr. Sinds stated that he might be able to His Lordship remarked that the only question

save the time of the Court if he were allowed to appeared to be the no of the word When the motion was before him he assumed make a statement. The defendants in the case that tank was a special name not common were merely agents who did not want to run to the trade but the affidavits on the other side any risks. As soon as this registered trade seemed to show that this description of this mark had been brought to their notice they recognised that they were sailing rather near kind of article was commed to the trade.

Mr. Slade stated that as a matter of fact an the wind, and on behalf of the defendants he notion had been brought by Mr. Clifford was willing to submit to an injection restrain- Wilkinson in Japan upon the use of this carying them from using this trade-mark. They word "tams," and it had been there decide did not think that it was altogether thir. They, was a common word and there. however, were only agents and had these things that "Lansa

sent down to them. What they were willing to fore could not be the subject of a trade-mark.

fight was the exclusive nee of the word His Lordship-Practically like soda water? Mr. lade-Yes. This is a slightly mineral. unson." They held they were entitled to sell effervescent water; the whole of the water raineral water, saling it Lansan, as lag as they "need labels which were not too nearly like the obtained from these prin plaintiff himself registered trade mark in the Colony authorised this action; he must have known of

Lordship Has tho the decision given in Japan?

Mr. Pellock-Yes, my lord.

is called tan SAY.

foltera, followed by Brite, close astes. Vin, well served by her zew sail, passed and drew gradually away from the ctters, while Kathleen parsed Bonilo, Brien took a long board into Kowloon Bay, and losing several minutes was, bar fluken, but of the race. Cotteen overhauled Kathleen in the rather flaky wind near the Beacon, which the two boats roached together, Kathleen having the inside berth and rounding first. On the run to the rock and the reach following a further increased her load and Mr. Blade went on to say that that undoubtedly Kathleen drew away from Colleen. On the wae. The settlement of the suit in Japan second best and the run home the busts main must have been known to the plaintiff's agents in Hongkong. The trade-mark on which this tained thair positions, except that Bonito gained suit was brought was sentially different in considerably on Colleen, which was badly served every respect excepting the mere word "tansan" by the wind near the Beacon, and subsequently from the ether, Ons was yellow and one bine It had been held in Japan that the plaintiff passed her on the ran At no time during the could not have any protection for the use of race did the lasne look doubtful, and Min is to the word "tansan," it was a word in

use, 5 one might say "soda water be congratulated on berwin.

"appellibaris." That fact was within the The times at the finish were:

knowledge of the plaintiffs and was pot recenled to his Lordship on the application for the er parte junction. In not mentioning this material fart the plaintiff was guilty of serious error of judgment.

Prints. Totuli 30 18

Min.

1.

И. М. 6. 4 48 17

4

15

Bonito L'ottim Erica

4.53 37 4.54 5

1

I

ሰ

BECOJD CLASS.

In this class Chanticleer came out for the

Mr. Pollock intimated his willingness to agree to this course, without prejudice to his claim of the exclusise right to the use of the word "tana.

His Lordship said he would not have been inclined to grant as injunction ma the word tunean" after hearing what the judgment was in Japan. He would grant a continuation of the interim injunction en the lines suggested, which of course would not preclude the plant at the trial from establishing his right to the exclusive no of the ward "tansan." The order common was granted accordingly,

Or

The Court udjourned.

SMUGGLING OPIUM AT SEATTLE

A Seattle, Washington, telegram, dated, the 25th October, says he largest seizure of contraband opium made by local Customs officers'

A

THE DOUKKOORS IN CANADA.

Adelaide, 11th November. - The Canadian police havo arrested all the sabers of the mad Russian religious faucties known as the Donkhobors, who recently formed a settlement in Canada. These settlers are reduced to the last stages of emaciation owing to want of food and exposure, the result of voluntary renauciation of available diet and clothing of which the tenets of their peculiar only fusible method of protec.ing the fanatics sett forbil the use, and the above action is the against themselves.

12th December. Further details respecting the Doakhbor problem in Canads show that when these mad fanatics were arrested by the Canadian police they formed themselves into a solid square, surronntag the women and children, and solidly refused to bulge an inch Erentnally the services of some hundreds of neighbouring itikens bed to be obtained, with vehicles, when the zealots were removed bodily.

BBHOF OF LONDON ON DIVORCE.

Adelaide, 12th November, The Bishop of Loudon refuses to visit any church where divorced pericus have been re- married.

SOUTH AFRICA,

GREAT BOITAIN'S GEANTS.

London, 7th November." The speech which Mr. Chamberlain made in the House of Commons when explaining the ecosity for appropriating. £8,000, for grants and loans to South Africa has produced an excellent impression in Europe. The grant to sufferers by the war is acknowledged to be a noble cample of generosity. Some: Europeas

ented in the relations between victor and

papers declare the grant to he unproved Tanquished

THR CONCENTRATION CAMPS,

London, th November..

BEFORE WR, F. A. HAZELAND (POLICH MAGISTRATE.)

ALLEGED THEFT FROM WARREN'S CIRCUS.

Thomas Callaghan, lill-poster, was charged

TRADE

TELEPHONE No. 135.

缬

MARK

"CLUB"

two blankets, of the total value of $44, from Warren's Circus. He pleaded not guilty.

John Stokes, until recently an suployee with the Cirens, told his Worship that he was 20 American, when asked," What are you ?" OaA SCOTCH WHISKY OF EXCELLENT the point being explined, he specifled his occupation, and proceeded to atste that the

QUALITY AT RÉASONABLE defendant got the ride and sword from him on

PRICE. the excuse that he had been told by Mr. Warren to dean them. The sword was not in Court, bat witness said he was able to identify the rifle, which was produced. The blankets he was not at all sure about. K

PER DOBEN

$13.50

IF YOU REQUIRE A PERFECT

LIQUEUR WHISKY

The defendant, who looked ill and was se commodated with a chair, said he was too sink to put questions to the witness. The only man who could speak on his behalf, he added, was deel, Lance-Sergeant Kerr deposed to arresting the accused, who told him that the rifle and blaskets were lying for safe-keeping in a hona KING EDWARD VIL in Wien chai.

In

his statement, defendant aid the rifle and word were given into his charge st Peking of Mr. Warren.

The evidence being ausatisfactory to bis Worship, the defendant was discharged.

A charge

of receiving stolen goods against the Chines woman in whose hour the rifle ant blankets were found was also dismissed. Mr. P. W. Goldring appeared on her bobalf.

Lauve-Sergeant Kerr then charged the woman with being in possession of the zile without a permit from the Captain Superinten- dent of Police, but the case again her in this connection also fell to the ground.

PERJURT BY A WITNESS,

Giving vidence in a case in which a Chine

opium, and in which Mr. G. K. H. Bratten woman was charged with being in possession of appeared for the defence, a Chinese excise officer, N. 54, told much a trumped-up story that, bis Worship placed him in the dock on a Hie Irdship remarked that when the for some time was found to-day on board the berlain stated that 70,000 out of 103,000 purong

In the House of Commons to-day Mr. Cham-charge of perjury. ppplication for this order was sabmilled to him, United States Coast Survey cultor Gedney, who were in the concentration camps have beco and he was Bued $15 or a month's hard labour. he specially asked whether the plaintiff claimed Its value is estimated at $1,000, there being exclusive right to the use of the word "tansun," sight ponads in the lot. Gong Ge, formerly repatriated. The camps, aro stili costing He is also to be dismissed from the service of because he had some doubt in his own mind of stud f the Gedney, now in the Cenaty £200,000 per month. He added that all except the Opinn Farm. the point, but he was told that they claimed Jail awaiting trial on a charge of attempting 3,000 of the Hoer prisoners would be repatriated

first time this season and Payne was an absentes, a very unusual thing: for she has very seldom monopoly accordingly. That interent did tot injunction accordingly. That statement did not missel à nce in all her long casing caroer.

now appear to be right. Iris was again well to the fore throughout the Mr. Sinde said there had been legs! proceed. rase, this time in the hands of Commanderings in Japan on the point and it had been so

decided. Deane of the Tomur, and finished an easy wiuper.

The time at the flaish were s—~~

Iris 55,25 Maid Marion 5 8.30 Chanticleer... 5 14 5

Doreen.. 516 0

Giuria ...

did not fininh Payne...did not atari

Total points

Converted Points

tines

a.

5

5. 25. 10

$0

5

7

10

43 1

5 12 38

was not in common u386,

The accused had nothing to say for himself,

The woman was discharged.

BEFORE Ms. J. H. KEMP (ACTING POLICE MAGISTRATE).

FILIPINO STABBING CASH. Manuel Gonsales, & Filipino, was charged with stabbing another Filipino pamed Sipiano

to smuggle a countryman from Victoria to before Christmas, Seattle on the same vessel last werk, is to be sharged with attemptalopium smuggling. The case is the bollest one that has ever beei brought to the attention of the local Customs authorities. Another strange point is that His Lordship added that of course that was it Gong Gee is believed to have attempted to escape a foreign country and was not binding upon him At the same time it was in Japan where the apprehension on a snugging charge to lost everything exspt their land. Happily, Kebuda during a quarrel in a house at 2

agenor of a son of Mr. Shaw, Secretary of word "then" was used, and where they were certainly in a position to say whether it was or the Treasury. The young man, who is a guest on the Gedney, told one of the officers that Gong Gea had requestal that his clothing and effects be thrown overboard to get rid of the Later in the day one of the countrymen of the Chinese appeared on the steamer and de request for Gong Gae's effects, stating that be was a brother of the man. The alicor refused to allow the things to be disturbed without authority from the Gastoms officers, These were notified of the demands for the" dothing, and Inspector Latin went aboard the vessel to search the befes allowing them to be taken ashore. With very little difficulty the aficer

9 34

THE BOER FUTURE.

London, 7th November. A correspond nt of the Standard accompanied Lord Alluer, who has arrived at Johannesburg, on-his visit to the Standerton and other south- eastern pastoral districts of the Transvaal. The correspondent declares that the Boers buve the correspondent states, the value of laat bas Stanley Street on Sunday night. The parties risen cusiderably and the prospects of the lars of the affair we have already published.

The complainant was able to appear in Court, agricultural and mineral industries, the kiter especialy in coal and irou, are bright. The and when his evidenes and that of other wit- Government is starting solouls on farms and to nesses had been heard, the defendant made s then boarding-houses w ultimately be statement.

He described the quarrel which led up to the attached. CRITICISMS ON THE IMPERIAL CONFERENCE assault with the knife, an ordinary table one,

BLUE* BOOK.

and said he picked it up for self-protection when he followut the complainant and four other men from the house into the street. As he emerged he received a violent blow on the back of the head, and immediately swung round with the hand holding the knife, which struck of drink at the time, defendant concluded, and if lie had been sober the affair would not have happened:

Mr. Polnek, in sddressing the Court, admister that a reprehensible mistake had been made in the affidarit, but contended that it was not done with the object of breaking faith with the Court. He went on to state that even if it wery to be established on proof that the word tousan" was a common generic name. for ineral water in Japsz be would still have gone an will the motion for rent the data ground that the label in use now by the defe The folowing items are from the P. d T. dant was a coloarable imitation of that regis

tered Timea down to the 19th l

It is stated that Fanghuneglang, at that by the plaintif so bad been using the discovered eas ten-poand package in the former was restricted to matters agreed upon for pub the comphinent. He was under the infineure

eferred to for two years down here, stoward's room. After this discovery the searchlication, and that all confidential matters were

NORTHERN NOTES.

mouth of the Yalu River, is to be opened to foreign trade.

The temples in Chiali opened by Imperial order are to be left intact, but the rest are to be converted into soloals.

An inquest was held at Tientsin on the 27th on the body of Alexander Thompson: the verdict being that he died of hemarthage to the brain caused by excepire alcoholis

A correspondent sends our contemporary the following account of the Tongan Pit no- cident: grieve to state that a terrible accident has occurred at the north-west shaft

whereas the other side had just started the w

the label complained of. With regard to the name "tansan," they hoped to be able to prove that the pisiutiff uvez tod it and adopted it as the designation of the water from his mineral spring; that the water coming from that spring obtained a certain reputation in the maket; and that these other people, trying to take advantage of the reputation which bad acquired in the market of couse there were plenty of mineral springs in Japana, We will call this tansan."

His Lordship--Bat the Japanese courts hell

"tansan

London, 7th November. Owing to the criticisms which have been passed on the results of the Imperial Conference as shown in the Blue Book recently issued, Mr. Chamberlain has explained that the publication

was prosesated more carefully. In ull, eight of withheld the packages were found. They had been carefully distributed about the stewart's roges with his apples and his personal effects. Eu all their experience tens of the local officers of the Cus toms service have ever discovered any attempt to sunggle goeds across the lins which was conducted with so much effrentary. strange part of the ylole affair is that it is eren doubted that Gong Geois legally in this

country.

ceutres

TUBE RAILWAYS IN LONDON.

Lenton, 6 November. The principal mia line railway companies linking the termini by mine of primary circles propose to undertake tubing the metropolis and with cross tubes radiating to all the populous

THE RUSSIAN ARMY,

London, 7th Novembor. He had no papers with him when placed under Genel Kuropatkin, the Russian Minister for The socialist paper Vorerts states that However, e arrest on Saturday morning. claims that they are in San Fredised. Gong Wr, bas issued a confidential circular to district

Tlo

His Worship said the recused was convicted and would be sentenced to a term of imprison- ment with hard labor. The case would be remanded, however, until medical evidence could be adduedd as to the nature of the wound. If it turned out to be a supariicial ove, the sentencs he intended passing would be reduced.

- then to con-

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