1905-09-21 — Page 2

INTIMATION

THE HONGKONG DAILY PRESS, THURSDAY. SEPTEMBER 21st, 1905

The Japanese Government intends to volenas TELEGRAMS.

shortly the morohantmen converted into armail cruisers. The transports will for the present be kept fors certain mission.

year. Accapting those figures, we would day at oneo that he would have done better to remain at home, for he could hardly hope to better his position, kuowing

A tologram received in Tokyo on August 29 what we do of the facilities at home said that the cotton arop in America which was and the temptations out But expected to be plentiful, has recently had a

bero.

A. S. WATSON & CO., having come, we cannot agree that his set-back owing to drought. The market prices

LIMITED,

WINE & SPIRIT MERCHANTS.

HAVE BEEN APPOINTED AGENTE, FOR MESERa

ROBERT "PORTER & CO..

BOTTLERS OF THE FAMOUS

BULL DOG

BRAND

Lat

have au upward tendency.

It is ported from Sasobo, says the Nagasaki Press, of the 3rd inst, that Admiral Rozludest rensky, whic has recovered from his wound, will bo sam to iyoto in a few days for detention st a Buddhist temple thore.

The Plague Commission which has presented

ascertained that in one ward of the city the Proposals for sanitary improvements at Calcutta population amounted to 1-45,000 por aquare mile

as against 36,000 in the city of London.

Yesterday the long vacation of the Supreme Court commenced, and lasts natil the 19th

In its issue of 7th September the Nagasak Press says:-The Mitsu Bishi Duckyard and Engins Works, Nagasaki, pro now working at high pressure, there being no less than fourteen steamera undergoing repairs in addition to much

new construction.

"DAILY PRESS" SERVICE.] DEATH OF DR. BARNARDO.

LONDON 20th September. Dr. Barnardo is dead.

LONDON, 20th September. A hitch has occurred in the Morocco conference..

SUPREME COURT.

Wednesday, 29th September.

IN SUMMARY JURISDICTION, BEFORE Ma. A. G. WISE (PUIN JUDDE).

THE BANG KEE ⇓, THE LAU BIK YING,

Mr. C. F. Dixon (of Mr. John Hurtinga offico) appeared for the plaintifs, the defendants being unrepresented.

Chn Kau, manager of the Sang Kes Bank, proved the debt, and his Lordship garo judg. mont for the plaintiffs with costs.

Mr. R. F. C. Master (of Messre, Johnson, Stokes and Muster) appeared for the plaintiffs. The defendant was not represented.

The Sang Keo Bank, of No. 171, Queen's Thomas John Barnardo, F.R.C.S. Ed., Road Central, claimed from tho Lau Sik Ying position is so bad as this Shanghai corres-

F.R.GS., was a member of the British Medical pondent represents. To begin with, he ought to have gained mental assets by the

Association, and founder and director of arm, treders, of No. 54, Hollywood Boud, the orphan weifs has been aireatly rescued, lent, and as to 895 interest there at the rate travel and its novel experiences; and there

philanthropic institutions by which over 55,000 sum of $595, being a to Seco principal monoy traiced and placed out in life; nearly 16,000 of $1 per $100 per mensem, and lae by the have been emigrated to Canada and the defondants under a promissory note dated 13th should be no immediate necessity for his

eolonies, He was born in Ireland in 1845, and plunging into debt with the compradore,

educated at private schools, and at hospitals February for sufficient occupation for the leisure of

London hospital in 1866 he had his attention directed to the condition of waif olxildren on his first few months should be cheaply found

in London, Edinburgh and Faris. While at

in looking about and inspecting his new

the streets. He continued to investigate the subject, and to labour in spare hours on their bhaif. He boarded out his Brat childron 1860. environment. While these numerous gratis shows retain their interest, as they should,

60: cstablished his first home in 1867 founded Village for Girls, Ilford187; fed "Iler

THE FOOK TAI CHILING FIREÍ 7. HO SUI being much more interesting than the enter

1987; Majesty's Hospital for dit

The plaintiff, contractors of No. 16. Feel Lainments brought by the second-rate October. During this period His Honour the

formed Young Helpersdag 1891; theatrical compumes who tour the East, he Pisno Judge, Mr. A. G. Wise, will hour succeived diploms and medal of Societenule Street, clined from the defendant the sum of d'Encouragement du Bion, Paris, 188 $103.14, being as to $58.14 bulanes das for need not think of the $12 per month ex-enses as occur in the forenoon of each day.

work done and material supplied as por acconat penditure which he has act, down for

THE MOROCCO CONFERENCE. | wondered, and as to $45 for money paid by the plaintiffs to the Yik Tai firm for painting und "carriage hire, theatre, concerts, &c."

mowashing done on the defendant's behalf, that come by and by, when the Orient has nothing new to show him; and when he

and at his regnost. will have discovered means of economy BASS' ALE, GUINNESS' STOUT, | which will provide that surplus and more. Ife will, for instance, have discovered that AND LIGHT ALES.

in paying $15 a month for hoerd. lodging and aftonduucs, he has been paying more than be need have done. "A clerk with £120 in England would find suitable lolgings at a week; he may have board and lodging equally good-heard and atten- Sdoz pta 825 Per doz pts $3.25 | dance perhaps a little better-in both Slang hai and Hongkong for 880 a month. It can be done respectably for $70; but not by those who go to the first fashionable splits 82.0 boarding house to which they may be recommended. It would perhaps be too great an infliction to deal at present with all the details of the accounts submitted by this Shanghai griffin, to show that he cannot keep out of debt with $183 a month. The extranec fee for the club is hardly a suf- ficent excuse for becoming involved with A. S. WATSON & CO., [the money lender. He should, if he has not managed to save £10 from his previous £120 per annum, postpone his entrance to the club until he has saved the necessary $100. He need not thus be de barred from

"BULLDOG") Bash Als "BULLDOG"} Light Al

in Cham- pagne Bots

PRICES:

PER CASE.

4., qts $18

8

Especially browed for 19

.. pts 324

,, splits $27

this climate)

4 BULLDOG

Guinness Stout

8 pts 324

Do

12

,, splits $29

Th

qts $4.50 pts $3,40

pts $3,00

..splite 89.40

LIMITED.

ALEXANDRA

BUILDINGS.

ESTABLISHED, AD. 1841.

.[33

NOTICE TO CORRESPONDENTS. OsLTCommunications relating to the news soluri should be wikivessed to 'lux EDITOU.

Correspondents must forward their names and ad vers unti curamunications addressed to the Editor, not for pméticution, but as endence of good farth

All letters for publication should be written on. one side of the paper only.

Naanonymously signed cortunate that have already appeared in other pipars will be inserted.

reader for extra copies of ALT Puesa shoxid Le

sent before 11 a., on day of publication. After that limited. Only supplied for Cash, Kour the supply

Telegraphic Address: Pres. Code: 4.0.5

1.0. Box, 33. Telephus No. 12,

Lieber's

DRATH.

On 26th Septemler, ut Caller," MacDonnell Koul, LAURENCE WILLIAM Mowanar, the dealy beloved son of Mr. and Mrs. J. MOWBRAY JONES. 12176 Aged 2 years.. HONGKONG OFFICE: 10A, DES YEUX ROAD CL LONDON OFFICE: 131, FLEET STREET. B.C.

The Daily Press.

HONGKONG, SEPTENDER 21ST 1905.

to our Shanghai The letter of a "griffin contemporary, which we reproduced a day or two ago, opened up a subject of interest to both employers and employed. We have received communications relating to the subject; hat unfortunately, theas are from employees, who merely support, the complaints of the Shanghai griffin, without giving figures applicable to Hongkong One branches off into a complaint that Hongkong employees who are not military

men or government officials are practically denied hospital privileges when they-te

|

Ofeld intimation has been received in Tokyo that Erince Tra Thoh, of China, who has beeu appointed by the Throne to study varions matters relating to gorecument abroad. will loavo Peking for Japan about the midlo of this month. Shil Falace is to be placed at the disposat of the Prince during bis stay in Tokyo,

A shabad American psychologist says:-

:-"I

fancy that people lire tun much in imitation of the figares in fiction and in plays, and not Bernard Shaw is enough in themselves. digging that idea out in his work; he shows us how bacple think they have met the discover that they are muly imitating the emotious they have read about in books or seen in plays,”

RRUTER'S SERVICE.] NORWAY AND SWEDEN.--

LONDON, 18th September. Travellers report that last week Norway was energetically preparing for war, con- structing lemporary fortificatione, cutting down trees, and barricading the roads. Nearly all the troops in the central sed frontier districts seemed to be mobilised. Great relief is felt in Christiania at the peaceful outlook, but a hope is expressed that pears has not been too dearly bought. VOLUNTEER REVIEW IN

EDINBURGH.

The defendant admitted oving an amount of 5063, but claimed asetoff, which, when paid would tere a balanes due to him.

His Lordship adjourned the case until Friday in order that an examination of the books of the parties to the action might to made..

CORRESPONDENCE. NORWAY AND SWEDEN.

TO THE EDITOE OF THE "DAILY PRESS," Hongkong, 20th September. DEAR SIR,I have received a cable from Christiania, dated 10:30 am. yesterday, to the efect that a compromise has been natural into According to an official report just issued, the

between Norway and Sweden, by which Norway, total number of Russiaus made prisoners-of-war

LONDON, 18th September... while retaining the old historical forts st by the Battle of the Japan Sea is 6,000. Of

The King has reviewed 40,000 Scottish Fredriksstad and Kongeringer ugreas that parts these, are commissioned officers and 115

Volunteers in the King's Park, Edinburgh. of the new fortifications, erected sinos 1895, warrant officers. There does not appear to be

pledges herself to build us fortifications on her any scrurate record yet made of the number of The weather was favourable, the surround.shald bot be kept. On the other baad Sweden the Russian officers and men who lost their livesings picturesque, and hundreds of thousands side of the border, a neatral zone being ngroed during the battle, bat probably 8,000 would be { of spectators attended. Sir Thomas Lipton, upon. This compromise being consistant with a moderato estimate.

while riding past the King at the head of the honour and safety of both parties, has the second Lanark Engineers, was thrown created a sincere feeling of relief in both trust will soon take place, as the two nations have nothing to gain by a war, but everything to lose Your faithfully,

BJARNE AAGAARD.

Rudyard Kipling bas reneived official rs. cognition as a hymn writer from the Methodist

POLICE COURT.

Wednesday, 20th September. BEFORU MR. F.A. HAZELAND (FIRST POLICE MAGISTRATE).

AN IMPUDENT BEGGAR, A German assman charged with begging at the City Hall on Tuesday night, denied the offence and asserted that he was offered a drink of beer by a gentleman when the polico oflear arrested him. It was stated that he was asking money with which to bay beer. Asked if he people as they were leaving the City Hall for was employed, accused said he was, but could not give the name of the ship, volunteering the

information, however, that it would be found in the newspapers. He was sentenced to one month's imprisonment.

DANGEROUS DRIVING.

Two coolies employed in a shop in Wing Lol Street, were summoned for causing damage to life and limb. It appeared that the conlies were driving Д truck in East Banham Strand, and is a riesha was- coming is aú opposite direction the woman got in the centre of the street, with the result that one of the track whools passed eer har foot, damaging two tees...

The wen were cautioned and oxlerod to pay $5 compensation.

AN UNSATIÚFACTORY WITNESH,

In the case of a man charged with loitering ander suspicious circumstances, the lakong giving evidence was understood to tell a different tile in the witness box to what he had done in the charge room. Sorgeaut Park suit the lukong would be reported u tteC.J.P.

AN UNEQUAL CONTEST.

An Indian constable summoned six fokis for Au the officer was passing assaulting him. along Buliam Road on Tuesday afternoon, lo saw defendants chasing saclr other.. To, told them not to do that in the street, whereupom the first defendant struck him with a broom and called on the others to assist him.

The case was adjourned for further en- quirios.

▲ CHINESE MARETAGE.

Oldorico Neves, signalman on Green Island, again surrenderod to his bail to answer a bar of harbouring Man. Li Kwai, a in tried woman, contrary to the laws of China,

Inspector Langley prosecuted and Mr. P. W. Goldring appeared for the defence,

A Chinese police sergeant testifled to receiv

that his wife had run away, and to making ing the raport fecan complainant on March 4th inquiries as to her whereabouts.

Mak Szo Kiu, widow, rho was understood? to be the "go-between" in erranging the marriage, mid she knew nothing about the

It was next indicated that the mother would be. called.

social communion with his fellows. If the 50 Episcopal Church of America. His Recession from his horse nad kicked in the face. His countries, and it is to be hoped that mutual affair, and was trasted as a hostile witness,

is

is one of a number of rocent day poems which have been placed in the new church hymnal which has just boan issued. From now on its well-known words, " Lord God of Hosts he with as yet, lest we forget, lest we forget," will be chanted in the Methodist churches of the

Ceal amounting to 201,100 tons was exportoù from Moji in the month of August. The stock of the fuck on the first of this month was estimated at 124,712 tops, inclusive of 18,510 tous stored there for the exclusive use of tho N.Y.K. and O.S.K. stesmore. The stock shows a decrease of 37,170 tous at that for the previous

injuries are not serious.

FORTIFYING THE BOSPHORUS. LONDON, 18th September. Fortifications are being rapidly con- structed at the Bosphorus, as the result of the scare occasioned by the Potenikin mutiny. These are causing great displeasure to Russia, who has already protested.

THE TYPHOON.

The notice issued by the Observatory yuster. day stated that the typhoon was probably

figures have any interest at all, it because they apply to more than this one young man. Why not, therefore, sock oat companions in like position, who share his terrible embarrassments, and combine to relieve the tedium of existence less expen-country, North and South, at regular servicos. sively? This would-be economist, who finds the conditions out here so intolerable, discovers that drinks" are much dea rer. 31 at home. They were only threepence By dint of self denial (he calls it wonderful. self-control to do with four whiskies and

us a day) he reduces his drink bill to its minimum of $21 a month. If he got in sodas by the dozen and kept his own bottle of whisky at his boarding house (since he drinks only at meals) it would not be so much. But even then, he forgats that on his own admission, with only four a day, he had to threepenny drinks spend 30s, a month, so that $21 is

for the energy and ability he has displayed morning, was delayed by stress of weather, and not such a startling leap into extravagance during the five years he has been chairman the 88. Caledonien, which was due here on

of the Union. Mr. Ip Oi Shan, who was rs.Taesday had not arrived yesterday, the dive-shaking of

commanded as his successor by a large number

"treating" of the London bar; and the young man who cannot afford it should not

for him. The

16

mouth. It is reported that the price of coal is gradually increasing owing to the reduced output of the Chikuho mines.

situated S.S.W. of Hongkong, in about 20 dog. Lat., end was moving towards Hainan; therefore it is likely that the colony will ugaie escape the At a mesting of the Chinese Commercial hurricane. All day yesterday the look cone Union on Tuesday, the question of Mr. Fang was up, and the harbour was practically cleared

chairman wae Wa Chun's resignation as

of shipping. Strong gusts of wind blew at discussed. As that gentleman positively de-intervaly but wore of too short duration to clined re-election, his resignation was accepted, cause any serious damage. The outward bound French mail, which was due to sail yesterday and a vote of thanks is to be conveyed to him

A LOVER IN A TYPHOON.

The following lines were sent under in imposing soal to the Dally Prear office yesterday, the delivery coolie vanishing hastily without waiting for a receipt:--

"While how's the Typhoon's tainted blast

In baffled wrath, without;

While foam-lashed seas bard to appease Conspire all bounds away to cast, And put mere man to ront; Despite, I say, this awful met-

Eorological state,

Yet longs my eye once more to great Thy form divine, my Kata! The harly broker braves the storm And wins-a lower rate; But I would brave a fiercer storm To win a smile from Kata."

"KAPPA." Thair circulation among the staff evoked the

which is so little inferior, and its common-sense following addendam, the metrical quality of so much superior, that we think it may company

Eastern bar is no worse thau the customary of firms, was elected, and Mr. Chaa Kisng Ya / HONGKONG'S BILL OF HEALTH." the other without offence:-

was elected vice-chairman,

SHANGHAI NOT YET SATISFIED.

Consul-General,

The following telegram from the Colonial Secretary, Hongkong, was sent to H.B.M.

at Shanghai dated 12th. September-Clean bills of houlth resumed, dated 19th September, 1905. Can you not have Hongkong released from quarantine?

The reply from I.B.M. Consul-General at Shanghai reads:-Sorry eunut raisequarantine. Port Health Officer's report anfavourable to Consular body nasuim ously for abolition. quarantine.

BURMA AND CHEFOO AGLE The quarantine restrictions against Hong-

Lot Typhoon bowl and "Kappa

Before his Katkorine's casement; In tropie rains this lover's pains

Must bring him sad abasement. His doctor will bring him a pill

And prison him 'neath bedding; Unless ho rings the belle ho sings

And wins her smile by wedding.

"

Mr. Goldring--Is he to be a friendly witness or a hostila witness?

His Worship-That depends on how she gives hor evidence; -

Complainant's mother said her son mag married to the woman in question, an i

another woman who was now dead acted as "go- wai, nine years ag The last witness and between," $120 was asked for the girl but wilareas offered $100, and the marriage took place in January, 1898. She went to the Registrar- General to obtain permission.

Inspector Langley said that the woman want to the Registrar to obtain a permit for firing

crackers.

"

Witness added that the document in question was given her by the "go-between." Thara was a bridal procession on the occasion. Cross-examined-Her son was not living with another woman at the time of his marriage. Man Li Kvui had been a good wife to her sont while she lived with him. Witness learned in February, that thoro was something wrong be twee defendant and the woman, nad she spoke

to her about it. Hor son had Iroated the woman as a husband should. He never gambled nor smoked spinm. The last witness gave her the prowl marriage papers. There never was any quarrel between the woman and her mother and witness.

"GAMMA."

LEGISLATIVE COUNCIL.

A mesting of the Hongkong Legislativo Council will be held this (Thursday) aftoracon. The orders for the day are:-

Second reading of the Bill entitled 'Au

Ho Ying Pui, C.C. 305, stated he was present at the marriage. Ho saw the bride (who was the woman in question) and also saw the bridal chair arrive. Cross-examined-Ho lived terido the parties for five or six years and be saw them every day.

His Worship said he would adjourn the hearing for the attendance of other witnesses. The only question was about the woman.

Goldring stated that elie was in the

coent on.

Mr. Goldring having indicated his line of

TOKYO PRECAUTIONS.

million spreu hundred and seventeen thousand kongressile arriving at Chefoe and at Berna Ordinance to apply a sua not exceeding Five defence, the case was adjourned for a week. ports have been removed.

Saigon also raised the quarantine, the official two hundred and seventy-six Dollars to the telegram to say so haing dated yesterday. We Public Service of the year 1906. Second have to thank Measts. Lunke & Rogge for a reading of the Bill entitled An Ordinance to confirmatory testage, sent by Messrs. Wm.amond the New Territories Land Ordinance, proclamation G. Hols & Co,

The fining of a Chinese shopkeeper the other go where he is likely to be coerced into such day, $25 for being in possession of a number easy ways of making money fly. The trouble of empty bottles, appears severe unless it be with most of these cases is that the elemen-remembered that the Chinese have a habit of tary lesson is still to learn, that you cannot Wing up bottles labelled with well-known firms' names with concoctions of their own. It is eat your cake and have it. The taipan or

obvious that this practice should be discouraged his agent who tells the young recruit that

as much as possible. Mr. Franeis Dauenberg, it is possible to save some of his salary aurated water musunfacturer, of High Street, is is not guilty of misrepresentation. But it not the only one who has suffered in this way depouds greatly on the ideas and character Forigners purchasing mineral waters should of the yonag man himself. There is one carefully examine any bought from Chinese,

Even thus to the American papers reprove thing that agents recruiting for Far Easteru. offices are perhaps careless in. In many ere another, gently, but firmlyThe New York St (apropos of the Equitable) says: cases they can look back to pleasant daysThere is an ill-favoured and evil bird in sick. Our idea was that taipans wonia peut in the Orient by themselves, and they Australia called the Moa. Ho is the size of one scraetimes direct the young emigrant's reliu. We saw him once in the London Zoo. read with interest any details really show thoughts to prospects of pleasant trips to It is the habit of this vile biped to perch upen a ing the conditions awaiting the young men

many Japan and gemmy Macao; instead sheep's book and devour the kidneys piocemeal.” they import from England, or other Euro.

of impressing upon him that the first and With the trifling exception that the Moa is an extinct species, that he averaged something over pean countries; and that information might chief prospect, as well as the great essential, ten feet high, that the bird was never known in be forthcoming that would help to suppress is work.

Australia and was never within thousands of miles of a sheep, the quoted statements are quite the foolish "pagoda tres" fables that have caused so much disappointment to past generations of griffins; and that will doubtless go ou causing discontent, among young men who come out with great expec. tations, and a deficient sense of proportion Facts and âgures from either side will not be suppressed by us, but they must be real facts and figures, illustrating the real conditions; and not more réchauffage of the

Statos ship lowering her fing to an enemy of the importe were 3 per cent, less than during the Treasury to the credit of the - Widows and

previous year, they amounted to 5 per cent. more than the average for 1901-3. With the Orphans' Pension Fand, to provide for future and prevent disorderly conduct by addressing: Shanghai griffin's arguments. That young

One effect of the approach of a typhoon seems equal strength." man dwelt upon the financial worries

The Tolume of business in the Navy List, even though applied to largest share of Russia's foreign commerce, of deceased Public Officers, and to make the

supplying, as that country does, 173 per cent. experienced by a clerk who abandons $120 to be the diminution in criminal and quasi of the first Chesapeake should not and a place exception of Germany, Great Britain has the payment of pensions to the Widows and Orphans an appeal to the people.

| approved by the authorities. a year in England to come out to China transseted at the magistysoy yesterday showed another and an innocent vessel, has been of the paris, and taking 241 per cent of the Exynout of the same a charge upon and payable shot should first be fired and a warning given. for a salary ranging from $2,200 to $2,600 aa material reduction.

Thỏ Gerrian Mail of the 18th August was delivered in Loudon on the 16th inst.

Owing to bad weather the Japanese autumn

correct.

The name of the fini: Potentin is to be sierop is expected to fall short of that of a changed. A change of name is also reported from the American navy. The Chesapeake, at present a przetire ship at the Naval Academy, average year by 20 per cent.

Annapolis, has been rechristened the Severn, a protest of a high-placed officer against perpetuating the unme" of the vessel which furnished a unique instance of a United

The Korea Daily News atales that a Can- tones in Peking is said to be compiling alling to the literaturo concerning the anti-American movement in book form, so us to keep it as an historical record.

criminal offences.

His contention that the name

B

On Sept. 7th the Commander of the Tokyo garrison, General Sakuma, isened the following

1905. Third reading of the Bill entitled Arrested with power to quell any disturbance in "By Imperial Ordinance No. 207 I have been Ordianase førther to amend the Merchant Ship the city of Tokyo and district and preserve the RUSSIA'S COMMERCE.

ping Ordinance, 1999, and for other purposes. poace. Mobs assembling here and thore hare According to a Londes journal, it appears. Third reading of the Bill entitled An Ordinance created serious disturbances, burning down from the latest Consular Report on Bussiu,

I believe the rioters have been driven to this that the prolonged conflict with Japan has had further to amend the Protection of Woinen aud Government property and Christian chapels, far less effect apa tride than might have bees Girls Ordinanes, 1897. Third reading of the and mashing the machinery of communication.

but the no anticipated. The chief soutos of strength is the Bun wary of us 1845. Come spekless behtetar, in, & ft of passion, without maintenance of the gokl standard, and though Summary Offences Ordinanse, 1815. Com any premeditation, b

allows the Government to deny taking measure for the suppression of the riots. I have, there the principal Government stock has diminished, wittee and third reading of the Bili entitled An the fall during 1904 was only 8 per cent, es

against further distur Crimean war, and 30 per esat, in the Russo- of Magistrates in reference to Married Women, to the troops on compared with 32 per cent, at the time of the Ordinance relating to the Summary Jurisdiction fore, issued instructions hereinafter mentioned Turkish campaign. Although the Pacific trade Third reading of the Bill entitled An Ordinance bance. Each inhabitant of the city is worded

be careful of his conduct, to eastion his sons dis has vanishel, and the development of Siberia

turbance. The people are also warned to keep must be more or less at a standstill, the total for alburizing the Construction of a Tramway trade of European Raasit declined barely & per within the Colony of Hongkong. First reading other relatives, and to coase creating slightly above the figures of 1903, and though the General Revenue the moneys standing in they should meet with misfortune.

INSTRUCTIONS TO THE TROOPS, * dent in 1904. The value of the exports was of a Bill entilled Au Ordinance to transfer to away from the ascens of any disturbance, lok 1.-Endeavour first to disperse the mos

exports

i out of the said General Revenue.

I to

Should this prove of no effect blenk 3.These means also proving in vain, recorso must be had to the use of arms.