1910-10-11 — Page 3

Page

THE PACIFIC MAIL SS, CO.

MR. R. P. SCHWERIN IN HONGKONG.

Mr. R. P. Schwerin, vice-president and general manager of the Pacifo Mail 8. S. Co., accompanied by Mr. B. C. Howard, Yokohams agent for the Company, arrived in Hongkong yesterday from Shanghai and Japan, where Mr. Schwerin had completed an extended business four in the interest of his Company. Mr. Schwerin was net on the arrival of the Siberia

PBT

THE HONGKONG DAILY PRESS, TUESDAY, OCTOBER 11TH, 1910.

MURDER CHARGE AGAINST AN ANOTHER RUBBER SHARE CASE

AMERICAN BLUEJACKET,

EVIDENCE OF JAPANESE COMPLAINANT.

John William Hays, on remand, appeared before Mr. E. R. Hallifax at the Mavistor yesterday to answer a charge of wilful innler, and two charges of assault, causing grievous bodily harm.

AT SHANGHAI,

IR MICHAEL. B, W. V, CARMICHAEL..

the

His Lordship-That would not be the case !!, defence to show that gaming was their intention the principala were disclosed

and nothing more. But the transactiona Mr. Fossonder submitted that it might be. He themselves showed that it was not gaming. It referred his Lordship on this point to the case was necessary to show that not only was Franklyn . Lainout (4 0.13, p. 637) He there desire on the part of Mr. Carmichael to subunitted that the rest question the Court had speculate, but that in fact the contract was la H. M. Supreme Court at Shangliai, on

to decide was whether there was sufficient a gaming contract. Mr. Michael had no Monday last, before Sir Havilland do Bausmares.agree with the defendant that this was a transad the brokerage,

evidence to satisfy it that plaintiff did nelually interest in these shares: he got nothing except The plaintiff statel that Judge, the above onse was board in which this 53.275.55, indemnity for the defendant's breach point appeared to be that of Thacker Evans work on the Law

tion on differences and that no shares wers, to what he did at the utmost was to report the plaintiff's claim was for the sam of Ts

bo delivered. The lending case upon this tendency of the market. Counsel referred to

to of contrast in failing to tako dolivory from

Kemur Rolating Agents, age 235 and plaintiff on the date fixed by the Shanghai Hardy, which his Lortship had followed in eration of Commission Book Exchange for the June Settlement of the the case of Neilsen v. Hadley, In rigard following pages, and told that it was

there to tho alores mentioned below, hought for the defend. to do was to find a boud fide principal from

Brenart defence, what plaintiff andertook outlined quito exhaustively the Position

of Mr. H. L. Dennys, juur., from the office of ant hy the plaintiff as broker, and for interest whom these, shares were to be purchased. He cases which precoded Thacker and Hardy, and Stack Exchange trasssctions and the various by Mr. Frad-J, Halton, the P.M. 8. S. Cthe Crown Solicitor, prosecuted,-and-Mr. Lonst 7 per cent. por anuum from June 30, 1210.

trital to force defondant to go to the Catliny some which followed it. Coonael roforred agent in Hongkong, who in the course of the 'Aliada o Castro appeared for the second. Farticulan :—-*

Trust to day necomputed the vice-president on a round Mr. Anderson, the American Consul-General,

Rodgers (15 C.D.) Neiken and Hedley. the shares. His Lordship said that he did not think the had a neat on tho, bouch with his Worship.

question of whether there was consent to these shares being handed over to the Cathng Trust was matatal. Up to the time of the settlement, if defendant was prepared to pay, plaintiff was bound deliver those shares. It they were met taken up the broker would then say that he was sad to minimize the leas.

of sigita

BANQUET AT THE CLUB. Mr. Halton invited a large company to ranet Mr. Schwerb at dinner at the Hongkong Club last night. Invitations were accepted by the following gentlemen :--

Hon. Mr. A. M. Thomson, Hon. Mr. W. Chatham, C.M., Hon. Mr. C. ML, Messor, Mr. Geo. E. Anderson (U.S. Consul General), Com- mandor C, W. Brokwith, N., G. R. Balisbury. U.S.N. U.S.S.Wilmington, Drs. G. P. Jordu, C. Forsyth, Captain F. W. Lyons, Messrs. O. Balloch, N. J. Stabb. A. E. Carleton (Vice-Consul U.S.A). J. Spencer Hough, W. H. Robertsen, G. T. Elkins, Wi: Diskson, N. S. Marshall, T. F. Bong, A. Sholton Hooper, C. A. Tomes, J. W. U. Bonner, C. E. Lonzmana, R. M. Dyer, G. W. Barton, Goo, Hayes, W. Melchers, Evan Ormiston, R. D. Harvey, Geo. Grimblo, F. H. Armstrong, W. G. Humphreys, T. E Pearce, P. F. R. Bischop, H. G. White, C. G. Gok, F. Lieb. W. I. Walker, G. I. Madhurst, H. A. Siebs, Dr. J. W. Noble, G. Friesland, H. C. Ehreafels, B. A. Hale, H. P. Thomas, C. R Soelt, Sidney Smith,

49 8}*t

Shares.

Company.

March

30. 190 Talang... 30, 203 Ayer Tawak

Mr. Deunys, in opening, informed the Court that the prisoner was alloged, about 9 pan. on September 25th, to havo got into No. 2. Sherp Street. He was seen climbing in by the verandah,! and was observed to leave the verandah and April enter the living part of the house. Is there ist the complainant on the second chargo, who was carrying a baby. Complainant had just oozie from the bath, and when he met the Prisoner the latter indicated to him that ho wanted him to go downstairs. Complainant

frat, but apparently objected at.

ho

was motioned towards the staircase and then pushed down. Prisoner, meantime, picked up s Kerosotis, lamp which stood in the room, and threw it after the complainant. The baby was picked afterwards at the foot of the stairs. Complainant was severely burned all over, and badly bruised. The complainant in the third charge was the amal of the second complainant She said she was kicked downstairs, and ate suffered from many bruises and physical shook.

5, 200 Ayer Tawal 7, 200 Batu Annam 21; 200 Anglo-Javs 25, 200 Batu Annam 26, 200 Talong

Total

to

in delivery of entire purobuse price and tako orget and Austinez. Counsel submitted that ho

Amount thue

respect of shares, including plain- ti's brokerage por cont.

Tk. 6,537.55 5,829.00

5,427.00

4,422.00

5,427.00

2.814.00 3,819.00

38,275.55

Mr. Loftus Jones appeared for the plaintiff ;

& Fensruden.

ru

Mr. Fessenden sail that defendant had told plaintiff to sell the shares. It was in evidence that the brokers bad made a special rate at which these shares should ba disposed of. Defend ant in this case was a pilot who was absent from Shanghai a great deal, and he had testified that,

was not aware of the pooling system. His Lordship remarked that the ovidence was

lo

Stock Exchange.

Mr. Fessenden said that the distinction was

more theoretical than practical. Supposing counsel instructed plaintiff to buy him 200 Angle Jaras. Some timo subsequent to that plaintiff had another transaction for the asmo

اسم.

10

bul

established all that he was required by law to establish, and that the burden which rested on the defendant had not been effectively discharged

Plaintiff was recalled.

His Lordship-Mr. Michael, do you do trans actions on your own account in these shares?

Witness-No.

His Lordship-Do you mean to say that you naver owned any share in spy of the companies in which you bought shares for the defendant ! Witness About Ts. 3,000,000 passed through my hands at the general settlement, but nothing for myself.

His Lordship-Have you at any time owned any of these shares?

Witness-No,

His Fordship-Have you been interested otherwise than as broker on behalf of your

Witness—No,'

His Lordship reserv his judgment.

THE MOUNT OF OLIVES. ·

DISCOVERY, OF 1;600-YEAR-OLU CHURCH IN HOLY LAND,

Kocent excavations on the summit of the Mount of Olives, in the grounds of the Carmelito Convent of the Pater Noster, have revealed the

Mr. J. W. White, an assistant engineer in that filled in the recent case of Nailson v. Hadies; anmber of the same shares with another broker. remains of an extremely ancient Christian Capt. A. Zeeder, II. H. Solomen and C. B. Kine the Public Works Department, produced plans was the only defenes relied upon. The format The brokers did not then turn the scrip church.

aver one to another. They cancelled The them against each other;

out of the ako 200 shares to deliver to counsel, and in nine cases out of ten there would be no trace of where they bad come from.

and G. T. Lloyd.

The toaste of "The King" and "The Pr

which he had made for the purpose of this case. Shojiro Yamala stated that on September

sident of the United States," submitted by the 25th, between 7 and 8 p.m., he came out of the Ware given, Thudosumenta which would be put pool of shares remaining plaintiff would-anlam, and the remains found thay ballovo

bathroom of his house carrying his baby. He Chairman, were duly honoured.

Mr. ANDERSON, the U.S. Consul General, in entered his room, and almost at the same time kuowledging the compliment paid to the he saw the defendant stop in from the President of the United States, dwelt upon the verandah. One of the windows was open room ho As soon on defondant entered the development of American trade and shipping interests as marking a new era in American picked up a lighted lamp and told witness to history, with which Mr. Taft was pre-eminently go. Then he put his hand on complainant's left identified, and emphasised the cumulative effect, shoulder and pushed him to the stairosse. He of trade, saying that trade development by the walked down to the angle of the staircase, and United States meant increased trade oppor. defendant pushed him as he walked. At the tunities for every other nation. The ous great angle defendant suddenly pushed him hard down economic principle, he said, which the Far East the staircase, Witness still carried his baby needed to recognise to-day was that trade is He called cut "dangerous" is Japanese, and the lamp at him. It mutual and reciprocal.

defendant throw

then fire spread over The CHAILMAN (Mr. HALTON) proposed the struck the wall

some and body, and health of Mr. 8shworin in an interesting his face specch, giving a brief outline of the his went in his mouth. The lamp was made of

of the Pacific Ucado.

of it

defendant was represented by Messrs. Jernigan that the Clearing House and pooling system Mr. Jones said that this claim was one while attached to this one settlement of the was endorsed upon the writ It was a claim by a Mr. Fessenden asid that his client had clients in the ries or fe2 of rubber shares? bruker for indenuits against his principal in informed Mr. Michael that he would have no reset of certain share transactions mentioned thing to do with that particular clearance ayeien. in the

particulars. The case for the plaintiff His Lordship-How is the legal position as was that he was noting on behalf of and under between the phatice of this action charged by instructions of the defendant in connection with this pooling? the transactions mentioned and that he had suffered the loss claimed for. He now claimed to be reimbursed by defondant. The defence was one which was almost in similar words to It had reference to the Ga

Gaming Act, and that proof necessary for counsel to call would be simply to establish the contracts and orders which before the Court had already been subject to inspection by the other side, so that thair introduction would be a purely formal matter The burden then of establishing the defence Mr. Fossenden said that the defendant in this ca folt, and he thought his opinion was shared by a great many other people in Shanghai, that he, in a measure, had played with marked cards and that therefore he was not hound to the same extent that he would have been bound in a ordinary transaction. More than that, defendant felt agglered that he and others were solil ont to the Cathay Trast against their will and desire, and for those

ho was entitled reasons

to plead the Gambling Act inasmuch as his relations and intentions with the plaintiff were that these should be gambling transactions. The second ground of defence was a technical question of law which counsel would argue

would rest upon the other side.

later.

had

His Lordship-The result might be that the pool would have a good many more shares than were actually in existence of that particular company,

to make the transfer

› excavations are being carried out by the Groels Catholic Order of the White Fathers of to be those of one of the three first Christian churches built in the Holy Land by St. Helena, mother of the Emperor Constantine, the others being the Church of the Nativity at Bethlehena and the Church of the Holy Sepulchre.

In the north transopt some shafts of columns

The walls first discovered indicsted A ehnrch measuring rome 150ft. from the Mr. Jones-They get the actual sorip,

'western entrance to the apse. The floor of Mr. Fessenden went on to suppose that there was some defest of title in the Angle. the nave is still baried, "but that of the Javas handed to him. If the broker transepts has been entirely exposed. It is of motaio work, perfectly moserved. In the south to him and asked pai aud counsel went transopt is a baptismal pool or trough, and the disclosed the other

walls show signs of ancient paintings. good, he would reply that he owed teenused Dothing. The contract would have been can collled in the broker's books, sad the broker without couusel's consent, would have but his right away from under his feet. It appeared from the evidence that in the present transno. tions the Cathay

athay Trust had been substituted for the

broker. Counset maintained that plaintiff was not entitled to enforce that arrangement winsl enstom, sall the shares, and charge defen against his client. His daty was to follow the dant with the difference.

I

svo been found, and also two or three tombs containing bones. One tombstone bears the name "Theodores, quite legibly inscribed in Greok characters.

But still more interesting is the discovery in the chancel of two separate mosaic floorings of different designs, the one some. 2ft. bin. abere the other. It is the lower floor which is con dating from about 330 A.D. stored to be that of St. Helena's charch, this The second floor

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The Siswanya describes the forms opening of the Senate as follows:-

tory of the Pacife Mail Stoamship Company glass. Witness rolled down the stairesss, and which he remarked, was practically the history the abild must have slipped through his arms The first steamor to leave or be was rolling down, for he did not miss it San Francisco for Hongkong was the Colorado until he got into the strest: When he became which inaugurated the service on January aware that the child had dropped, ho called out Ist, 1867 Mr. Sohwerin, 'he mid, had been the to save it. A European who was near want to standing and agreement that nothing but manager of the Company for nearly twenty the foot of the staircase, picked up the child and years, and that fact alone would be sufficient to Be it to him. Then he went to a Japanese doc, which brought the transsoticus within membera took it upon themselves to fix the rate. NORTH BORNEO TRADING CAPITAL. proposed Chen Mow-sing and three others to

contracts

After the evidence had been tukea, to indemnity the plaintiff must show that he Mr. Fessenden submitted that to be entitled

performed these contracts in such manner and for the benefit of the defendant that ha was entitled to indemnity. Two points were raised by the defence.

The

firat was that those were made

the прод by the

Buder

Mr. Fessenden said that the Stock Exchange settlement of difference was contemplated

The in this settlement. They did not wait to sen statute against wagering and gaming

The tor in Wanchai Boul. As he was absent witness sccnd defence counsel had been compelled to an arbitrary rate themselves. He presumed whether the shares sould be sold. They fred suggest the wonderful exocative ability he went to No. 2 Police Station. On his way he saw

taka very

broadly, but the chief point was that that these must posses to control this large property the defendant in

чnotatious were fictitious. Finally the castody of several after purchasing these shares, as plaintiff said on the case presented for the defence be asked -(Applause).

After going again, to 100 thobe did, on the Stock Exchange, he so dealt with for judaaid that the position with regard British North Borneo Company, the maker aan full of dificulties and

for his client with costs. them as to forfeit any right to Mr. Schwein, who was most cordially Japanese doctor, he was taken to the Govern-he night have had. "It was quite apparent that to the Clearing House and the delivery of shares received on rising to reply, referred to the mont Civil Hospital, and took the baby with a series of transactions such as there might be

was that in consequence of the magnitude of marvellous growth of Hongkong and spoke with

when considered in connection with all the Mr. Grayrigge was put in charge of the sented

As the Princs. Regent was representing the Emperor in the Seaste, His Highness sat on the Imperial sodan chair on bin way to the Senate. About three thousand troops, Including cavalry, infantry and police, lined each side of the read. The men were separated from each may be that of a restoration of the obarch by the other by about three steps. The Regent arrived His Lordship-Supposing there are no buyers, Crusaders. The site of this ancient church may

st. 11 am. and the ceremony of the formal in the case of Noilsen . Hudley, so for us. remember, there was proof that shares were

be taken that fixed by the oldest tradition asook place at 12 o'clock noo. Prince rand the Imperial Edict and the Begont to where Christ taught His disciples "how to actually bought.

!pray."

made s very interesting speech, after which he retired to the private quarter. The President oregs thanks to His Majesty's grace. Tou espa officers, including Princes and Dukes, did not attend, and more than twenty members applied for leave of absence,

The speech delivered by His Royal Highness was as follows: Since I assumed the Regency un der Imperial orders the political situation has bave been worried kare boen Fortunately

constables.

and scratches.

indemnity

which

Mr.

of

the

admiration of the enterprise shown in te him. In the fall wita oss was, burnt on the face, perfectly valid in their ontward form, and yes, the-business, that had to be transacted, months under revior. Since the beginning of assisted in the performance of my dalies by all development by the reprosoptatives of the British / chest and shoulder, and received sorers! braises | circumstances surrounding them the pre-Clearing House, which meant that he sat proûtę suficient to i

Are you quite certain that defendant is the the mistakeable evideres of gambling down with his employees and received ng They had sufficient knowledge to know that the Emperor and press Grand Dowager carried water-front. Mr. Schwerin wont on to speak of ¡ man who pushed you downstairs?--Yes, quito malawful. Counsel need hardly remied his paid for those who had to deliver. All actual report was adopted. caneral meoting followed, sm much pleased and gratified to attend this

Empire-the greatest race in the world. He referred specially to the reclamations along the

out

in

the circular before

the

general meeting of the Borneo Trading Com

Mr. J. A. Travers presided of the annual any held on the 20th ult. After referring in sympathetic terms to the death of Mr. Cowie, the chairman and managing director referred in detail to the large developments in the company's operations during the twelve day an

and night, the current year the company had made realised

the Princes and Ministers with one heart. bare in obedience to the instructions of the late pay the dividend announced. T real intention of the parties was agent for the persons who had to receive and to gamble, of course, the contracte

timber trade had been very satisfactory. The out the constitutional reforms in das order. This is the formal opening of the Sonate, and I chennes and негір that had to be delivered were the operations of the Pacife Mail Steamship certain."

Lordship that Stock Exchanges the world over

extraordinary had displayed

st which a resolution was submitted for the auspicious function. The world is now pro- Company, as the pioneer on the Pacific Oceau,

both in accordance with the rules sad the In oroki-oxomination witness stated that hehames and sy ingenuity in desising paid and delivered to him. The liability which

whereby gambling coald with the largest and best type of ship, and went into the bathroom shortly after seven bacarriel on water the guise of legitimate custom which this Court had sealed with its creation of 100,000 shares of 10s. onch at such

increase of the capital to £150,000 by the gressing in the direction of a common brother- bood sud civilization. The fundamental prin- mentioned that the Company wore now laying o'clock. The bathroom was in No. 1, Sharp Emsiness No better proof of this assertion judgment as being the law between the undis premium and on each conditions as might be cipal of government is intelligent administration

closed principala, was that all the persons in though advisable. The Chairman asked them

and establishment of wattled laws and aya- down two ships larger than the Manchuria and Street, and he stayed in No. 2. At the time off could be shown, than the contracts between the thess proceedings were, as brokers, liable to to consider the valuation of their assets as tems. Mongolia providing saloon sccommodation for this occutrones there was only his wife, the These contracts

And the Government and the people parties which wore signed for the concerned. one another on the contrasts that had been

enabled brokers to buy effected, and if they did not carry out those observing that they could not get

Bet

should be of one mind and work them,

nussimonsly 500 persons. He enlarged upon the value of child and kiwwif in the bonse. The child was and sell at the expense of their clients, contracts they were subject to the penalties,

their together. The Senate is the organ of public shipping enterprise in the development of trade, not ill previous to the bath. While in the bath and in other ways, too numerous to mention, as members of the Exchange, which those exterwive lands fairly and properly developed opinion and its members are trusted by the

he heard a noise in the vicinity, and told his to reap an

unless they were prepared to lay out a con- unfair advantage. Therefore, rules imposed upon them. They did es

Throne and respected by the people. They will no doubt be loyal and faithful and help in Courts generally look into

siderable amount of money. Whilst it was ex- wife to hurry up and go into the bouse.

their obligations to one tremeis satisfactory to Re a company like the great course of constitutional reform, thus the another, and these

extending the effects of constitation and Where did you first meet the defendant to which they were

Sekong doing so well, and its shares standing at setting up a model for a Parliament. This is After I had entered my room.

objection to these contracts was that persons in

high premium, profits to them, the North which

was given to them Borneo Trading Company, were not so large China, hut gives the Government good grounds

not only an unprecedented glorions Brent whe

for Mr. Min in a Court of Law what in reality were

in carrying out the orders of the been able to keep that property and other pro- So that you met him half way in the room Pintended to be gambling contracts. It seemed liability on the contracts that he bad established realised the significance of this there would be heart what I have said and be guided by the defendant incatred in the ordinary way the parties in toir own hands. If the shareholders members of the Senate will be pleased to take to that in England gaming or wagering contracts Each share that was bought for Mr. Carmichael tie need for him to recommend them to in same in the performance of their duties. made voidable by statute. By that distinction, Mr. Michael by the cheque and by having his were not illegal under commes law, but were was bought from another broker and paid for by crease the capital. They proposed to rely upon

rabber, but they would

grow coffee as a catch orop while the rubber was growing. At the indemnity if himself were not so con

net say what original contract as to b

choque Las been honoured,

for the shares when issued, they would get Mr. -There is no evidence that it has but if the powers for raising the additional capi

Jones-T

The Berlin correspondent of the London been dishonoured,

Flis Lordship-You have to prove that the should have the first opportunity to get them is probable that the immediate future will see

tal were granted to the board the shareholders Daily Telegraph writes:-

to subscribe! Whatever may be the cavo in the Balkmas, it money has been paid.

for them, and they would be able to

get the money had been paid.

Mr. Jones Mr. Grayrigge proved that the at a less price than their market value. Of Germany display increased interest in avonte in-

course, the flgares given in the circular were the Far East. The question of greater intimacy Mr. Jones continued that the way in which only estimates, and the calculations were made between her and China has, I understand, recept- ly been discussed bore, and the first definito stop Alichool had arranged to discharge the up to 1922. The figures, as ho had said, were making the forecasta fairly safe. The resolution increasing the capital was agreed to.

and told an interesting story of the way in which he developed the nail trade of Japan from nothing to 65,000 tons a year. In conclusion Mr. Schwerin expresed his appreciation of courtesy extended to him and renamed his sent amidst applense,

The Hon. Mr. A. M. THOMSON proposed the health of the Chairman which was received

the

these

transactions very carefully to ascertain the matter of fost disobations were the obliga

tions

the

As you went into the room you say he came desired to gamble would go to gredting out aside the Stock Exchange. therefrom as they would have been had they for hoplog us to the fatura of the country. The

eufordavian schemes. by which they read by

in

through the verandah ?--Yes.

Yes.

with musical honours, and the Chairman'a And he made straight for the lamp-Yes, acknowledgement brought the proceedings to he passed me nad went for the lamp. B close.

OTHER ENGAGEMENTS.

On Wednesday Mr. Sohwerin is the guest

dobited.

Was the lamp on the centre of the table or course, a broker had the right to sue for Lordship.—I don't even know it moment the board could

on the edge -On the contro.

When scoused passed you did he take at dinner of Sir Henry May, the Ofllcornolice of you? - No, --Administering the Government, st Mountain

any

Did you take any steps to stop the man Lodge. On Friday, 14th inst, a Chinese ro didn't know English, so I said nothing. ception will be held at 2.30 p.m, and in the ị What did you think he was going to do with evening there will be a dinner at the Teng Tin] the lamp ?--I didn't think anything. Lau Chinese restaurant Mr. Schwerin will | probably proosed to Cantón by a night steamer it? Because he was not steady. after the banquet. He proceeds to Manila by Didn't you think it very ex raordinary that a Che Siberia on Monday.

mau should get into your house through the While in Hongkong, Mr. Schwerin is the window and direct you to go out?-1 thought guest of Dr. G. P. Jordan at "Marble Hall," the it was very stronge, so I did not move. residence of Sir Paul Chater, who is England.

How did he look? I noticed nothing strange about him, only that he had no hat on.

Was he very much excited?-He seemed to

THE RAILWAY.

he

of

nocled with the

д

GERMANY AND ORINA,

ŽELATIONS WITH-AMERICA......unz

the

The

defeat his right. The real question here was a actual party_to_it_and therefore to

whether, upou the evidence, plaintiff as

na agent I for an undisclosed principal did not himself became a party to a wagering contract, or Santed to it in a manner which brought him witbia the

wagering contract. Connal did not istend to argne, unless the Court desired it, But you told him it was dangerous to carry tesinal kad a right to make a gaming contract, I obligation which had msted upon him was not only estimates, but large margins had been made towards it will very likely be the despatch of a

whether a broker acting for an undisclosed.

Commission to Faking to Defendant in this case had a right to lank to material with regard to his claim against his

German Military the

assist in the reorganisation of the Chloese army, throker at a principal, because the real pris- principal Counsel was not sare that plaintiff

Mention has also been made of the possibility not been disclosed. Where an agent had not been undaly lecient in making his claim

of an understanding between Germany, acted for an undisclosed principal he by law against the defendant by only claiming the

WEATHER REPORT.

United States, and China. At the pressat made himself a principal as far as the other side most of these shares and seven por sout, because if he incurred further obligations by reason of was concerned.

The Hongkong Ohervatory yesterday ismed moment, however, the temperature of the rela the acts of the

in the defendant other monies and providing funds to pay

was of

the following report: paying

tion between the two countries first named On the 10th at 11,55 a.m.~The barometer has seems more likely to go down Baan up. Mr. would be entitled to claim for that amount also. risen considerably to slightly over Japan and ponies are nor Platt and others, sonusst submitted that his fallon moderately over the B. Loochoos and heads of all the grest Ansèrican fertiliser com- for the *xpress purpose of Buuring ation of the potash China respectively,

monopoly law passed by the Reichstag last session That measure was aimed directly the United States and apualled the against the

in buyers contracts entered into by the America to the amount of man

many millions of dollars. The Germon Government declares ita in- ability to recede from the position it has taken up, but it is reported that should the inw remain as it is, the United States will probably treat it as unfair discrimination and retaliate by applying its conventional tariff to German at 10 am. to day. 0.03 inches,

Hongkong rainfall for the 24 hours ending imports.

The forecast for the 24 hours ending at noon A gentleman entered the roam and walked up to-day is as follows:

to a lady who was desply en.rossed in correct- INE winds, fresh ing her score. "How d'ya do, Mrs. So and

be a little excited,

The resumption of milway trafße on Sunday I pat it to you that he was very much excited? proved very satisfactory. The afternoon train-He was very excited. was insullicient it sorommodate the number who

mishap, fortunately of a tomporary nature,

other

And when you got to tho angle of the

contract.

His LordshipAre you not missing a step? certain contract. But he is ust also the agent Plaintiff might be defendant's agent to make a of the third party whom defendant has to pay.

Mr. Fessendon ssid that plaintiff was nont Bat the claim before the Conet was only for the

money actually dishureed. Counsel then refer- The depression over the Pacific remains near for defendant. He had made contre's with red to the cases of Perry and Barnett, Robinson the Southern Loochoos. It is apparently slowly

brokers, presumably actius for undisclosed and Mellock, to Benjamin on Hales (3rd ed., prsourving towards N.. When he said "go" did you go to the land principals There was nothing to prevent him 402). Thucker and Hardy and Strauchan's ease. wished to travel, and it is estimated that at least ing? No. He came and pushed me.

from agreeing with that other broker that a What was done for the convenience of the Sea of Japan yesterday is moving away over The depression lying over the N. part of the 800 people used the trains on that day. A

settlement upon differences should be zoado. If brokers in the Stock Exchange in establishing Did you resist at all?—No,

in establishing the Pacific. made such an agreement it would be bindi" this Clearing House in no

Way

The high pressure area omains over Chins occurred on Sunday near Taipo, bat the trains staircase you day, that he pushed you hard upon both sides. It would be swagonngoontract which had already been made by Mr. to the North of the Yangtzo valley.

Un Michael behalf

of bis principal, Capt. Čurmi-

Strong monsoon may be expected in the His Lordship-Supposing principal A esys to obse! There was no alteration in that contract Formosa Channel and the N, part of the Chion his broker, I want to buy certs stocks or shures. and no alteration in the intrinsic nature fany Bes ment that he will bug them for his principal. the market, which was in a panicky condition,

goes

to another broker an makes an agree-contract. If Mr. Michael had

had gone blindly The brokers say whatever the rights of the and sold-it was not in evidence that it principals may be as between each other wo will possible to find a buyer it might very well be settle the matter upon the payment of differences, urged against him that be had not noted fairly Would that

failed to prove that it lay with Mr. Miobsel to Mr. Fessouden said that he took the position do otherwise than he did. Conusel cited Thacker that it would. The principals could not after-and Hardy, the case of the Universal Exchange war's come in and say that they did not know Store, and in re Grieve (1, Q. B. 1899). In all that it was 'n wagering (contract."

these cases it rested on the persons raising the

are now running well up to schedule time.

You.

Did you fall headlong? Yes.

How long after this sco'dent was it that the doctor at the Government Civil Hospital examined the child?-Within an hour.

Where was your amak while you were having

THE "SIBERIA" IN COLLISION. The Pacific Mail Co.'s steamer Siberia, which left Kobe on the 3rd inst. at midnight for Shanghai, returned to harbour at daylight, having been in collision with a small steamer, the Tomashima Maru. The Siberia was not much damaged and was able to resume her went to the bathroom she came into the house voyage to Shanghai. The bows of the Tomashima and toki mo there was a disturbance cutside. Maru were badly crampled up. There was no

loss of life.

He

to

bath I don't know, but shortly before I the princemeat between the brokers bind or properly towards his principal. Dafandant Hongkong & Neighbourhood for moderate; fine. Bo "ho exelsimed. "I have just mot your

The hearing was adjourned.

NEwind, strong children with the nurse; by the way, how many have you got P" The lady Looked up and replica,

Sixteen above and twenty-four below." Fram "The Confessicas of a Bridge Player” by "Qufion."

Formosa Channel South coast of Chias between Same as No. 1.

Hongkong and Lamocks. South coast of China between Same No. 2.

Hongkong and Hainan.......)