1912-03-23 — Page 3

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THE DISORDERS IN BWATOW.

(FROM OUR OWN COBEESPONDENT.)

"THE DREGS OF THE CUP OF ANARCHY."

THE HONGKONG DAILY PRESS, SATURDAY, MARCH 23RD 1 2.

been invading the premises of rich mer- chants, and looting is the order of the day. All the rich guild-houses have been, pillaged--not even the idols were respect ed-and it is very plain that the soldiers, both Lim's and Gee's, are altogether out of hand.” The populace, too, are showing how much faith they have in Lim's Ano Swarow, March 17th. phrases: all shops are closed, and business Lim's victory on Friday was as decisive is entirely suspended. Swatow is drain: as anyone could desire, and there is now ing to restore order. He is here, though, no one here to offer opposition to him, has been brewed by the revolution, and The Peace Commissioner's troops were there is no gleam of hope to be discerned. utterly routed, and have now dispersed, Lim is a mere robber chief, with no idea while he himself fled to his own home at of Government, and no intention of try Ching Hoi. Probably he acted wisely in ing to restore order. He is here, htough, no doing, for he certainly could not hope sa a victorious general, with men who to retrieve his laurots. His attack on have fought two battles under him, and Friday had been long planned, while Lixa it is said there are six or seven thousand was taken by surprise. If, in theso more mon in the vicinity who owe allegi- sircumstances, and with a vast preponderance to him. These men are almost all ance of troops, he could effect nothing, it is not likely be will take up the struggle again after he has lost all his troops and has had to abandon his forts.

pirates and robbers, and also the best fighting mon in the province; there is no reason why Lim should yield to peaceable persuasion, and any attempt to capol him Of the battle itself, it is not necessary by force must lead to prolonged fighting, to say much. Were it not for the serious Canton can scarcely be in a position to issues it involved, and for the serious repress him with a strong hand, and there. consequences it threatens to have, it would is not the remotest chance of Chen Hong O have been utterly farcical; as it is, it hears

ever defeating him. It is said that Chen a strong comic opera stamp, in spite of is now collecting troops in Chaochow to the alarming circumstanes that it occurred attack Lim, but he cannot hope to accom- right in the midst of the town, with forplish anything now. The only thing that eign residents and property all round. saves the situation from being much worse Fortunately, no foreigners were hit, and is the presence of strong naval guards in no foreign property suffered serious the port.. No. foreigners have been -damage, though the walls of the houses molested up to the present, but it is only in the immediate vicinity are plentifully fear of the consequences that has pro- bespattered with bullet marks, and it is vented it. said that oven one or twù houses on the other (Kakchioh) side of the harbour were struck. In contrast to this, the Law Courts, that were one of the foci of the fire, cacaped practically unscathed, and the number of casualties is out of all pro. portion to the duration and circumstances of the battle. As far as can be computed from the number of corpses seen and the number of wounded attended to at the for sign hospitals, the total casualties would be betwoon 30 and 40-certainly they are not likely to exceed fifty. And this after 2,000 men had been firing continuously at each other at a range of about 100 yardsstate :----- for three and a half hours l

Then there are the defeated troops, to the number of several hundreds, ranging the countryside. They have no quarters yow, and no lawful means of subsistence, but they have rifles and ammunition, so they are not going to starve. Altogether, the aftermath of Lim's freebooting expedition promises to be deplorable in the extreme.

HONGKONG SHARE MARKET.

Messrs. Vernon and Smyth in their weekly share report dated March 22nd

quoted at 79.

4

Since the issue of our report of the 15th There was not, as may be imagined, instant the local investment market has much bravery or discipline shown on continued to rule firm, and a fair business either side. The men of cither army were has also been transacted with London in far too anxious to keep in cover them "Rubbers" and Mining shares. Discount selvan to take deliberate aim at their rates remain as last quoted, with Bar opponents blind bring at random was

Silver at 28/13-16d., and Sterling T.T. at the order of the day, the question of direc..1/11). The T.T. rate on Shanghai is now tion being left to cbance. Wherever Lim's moen did vanture out to advance, Chen's soldiers incontinently fled, without even making the least stand against them, no matter how great their advantage of position va supariarity of numbers might be. Chen's men really showed no fight at all, and their only care was to get out of the battle as quick as possible. They were almost all raw recruits, many of whom had probably never fred a rifle before,

Darkness and rain put an end to the fight on Friday evening as soon as Lim the had captured Chen's positions, so fugitives were allowed to escape. Somo

BANKS.-Hongkong and Shanghaie have heen booked at 8850 and more shpres are wanted. The London rate is unchanged at £83.

MARINE INSURAN closes with sales anu Any suit the market buyers at 3800. Cantons continue in re- quest at $194, but no sales are reported.

FIRE INSURANCES. The market closer steady with buyers of Chinas at $124. and probable sellers of Hongkongs at $232.

SHIPPING. Hongkong, Canton and Macaos have been booked at 2001 and can still be placed at the rate. Indo-Chinas have been sold at 8834-and-there are fur ther buyers. China and Maniins at 8114 and Star Forrys (old) at 8273 are wanted. having probable sellers at $21 Shell

SUPREME COURT.

Friday, March 22nd.

IN SUMMARY JURISDICTION,

BEFORE MB. H. H, J. GOMPERTZ (PUISNE JUDGE).

AN ABKENT DEFENDANT. When the case of Karl Offer against Jean Aureley to recover the sum of $180 was called, Mr. Shenton, who appeared for the defendant, said that his client had not yet returned. He had gone north.

His Lordship-Have you heard from him?

Mr. Shenton-No I have seen M.

ducting some business with the Chinese Arndt, his employer, who says he is cou- Government in Hankow and Tientsin.

His Lordship-How long is it since he went away?

Mr. Shenton-About a week. ⠀⠀ His Lordship--Can you give me any as- surance that he will be back within a rea- sonable time!"

Mr. Shenton-Tea.

His Lerdship-How soon?

Mr. Potter-This is a motion for leave not for me to attempt to show, and I am! to appeal to the Privy Council. The peti- not attempting to show, that the judgment. tion is before your Lordships. There is was wrong, but I am attempting to show also an affidavit by Mr. Goldring, the how important the matter is, usual affidavit verifying the settlement of the petition.

Mr. Slade-It has been decided by this Court that an order for a new trial is not

Mr. Petter I was going to refer to that. Lordships' discretion. You have a discre- Mr. Slade-It is clearly a matter in your tion, if it raises important points of law, to allow an appeal to the Privy Council on it. - - dh

Mr. Potter-Within the meaning of this decision, this is sot a final judgment.

The Chief Justice The decision in this

chae!

The Chief Justice-I agree entirely, and if it was a mere question of discretion I certainly should grant it, but I must at cil itself says. the same time see what the Privy Coun-

Mr. Potter There is something more the whole basis of my Lord the Chief than a mere dry question of law, because Justice's decision is that certain instruc- tions were given to the bailiff by my Lord, and those instructions were disobeyed by the bailiff. That is to say, my Lord the Chief Justice has laid it down that the warrant is issued, but that there is a con Mr. Potter-Yes, but I did not so much that if the person to be arrested comes dition precedent attaching to it, namely,

point as on the point that this is a cass intend to address your Lordship on that

willingly, the warrant is not to be execut- ed. It is issued merely in case a person of grant general and public importance. The case out of which this case arose is refuses to come, and the bailiff must not the Tang Wong Shi . Lai Chi Chin put his hand on him except in those con- ditions. What is the result? The bailiff action.

The Chief Justice-That case is on ap-ought not to do, which we are being made has wrongfully done something which he peal..

liable for.

Mr. Potter The Privy Council in that Mr. Shenton-Your Lordship knows what

case granted leave to appeal, and the it means dealing with Chinese officials.

leave to appeal was not from the judg Mr. Hind (for the plaintiff)--Defendantment of the Full Court refusing us leave should have made some communication to appeal to the Privy Council, but from either to myself, my friend or the Court the judgment of the Full Court ordering before he went away.

a new trial. So if that was so, the Privy Council would not decide this question of final judgment at all, which is a little un-of

His Lordship-I am disposed to adjoura it for a fortnight. Unless you can give nie a definite day I will fix a date.

This was done.

fortunate.

The Chief Justice-This is an appeal as of right Let me look at the new Privy Council rules.

The Puisne Judge-You say if not of right, it is a case of great public import-

BORROWING EXTRAORDINARY. Molla Singh sued C. C. Xavier for $560 Plaintiff was represented by Mr. Grist and defendant appeared in person.

His Lordship (to defendant)--Do you ance! ove this money?

Defendant-No. 1 stand for it as security.

His Lordship-On a promissory note? Defendant My friend borrowed 8200 and I stand for security. I did not get any cash out of it.

His Lordship What is the name of your friend?

Defendant-Mr. Alonzo.

His Lordship-Has he paid any money? Defendant-Some intérest only, no in

stalments.

only, not interest.

Mr. Grist-The claim is for the principal

His Lordship--What is your salary? Defendant-135 a month.

Mr Grist--I understand Mr. Fletcher, the Deputy Official Receiver, would like to ask a few questions.

Mr. Potter Yes. tion, but my main point is that it is & That is my conten- matter of the greatest importance, Apart from the question of final judgment it is a question whether this is a matter of great enough importance, and whether your Lordships will exercise your discretion and grant the appeal. Before passing to the point ef final judgment I would point out that this case is rather different from the case of Tang Weng Shiv. Lai Chi Chia decided by the Full Court.

The Chief Justice-There are a certain number of cases which explain what is meant by public and general importance. Mr. Potter-I don't think that is dealt with in the other judgment. Your Lord ship simply said in the other judgment that you refused. I do not think that was gone into.

Mr. Fletcher then addressed a number-The-Chief Justice-What do you say of questions to the plaintiff.

the Privy Council has done in this case? Mr. Potter-Your Lordship expressed a strong opinion in that case that if pas sible the question as to final judgment and asked for special leave to appeal both from the judgment of the Full Court re- fusing leave to appeal to the Privy Coun-

I understand the money was given to Mr. Alonzo and not to Mr. Xavier?--I paid it to Mr. Alonzo, not to Mr. Xavier by Mr. Xavier. Aavier said he would guarantee the payment.

The Chief Justice-That is so,

Mr. Potter-That is what my Lord de ides: that we are made liable for the not of an absolutely free agent. He is a free agent and not a person us characterised agent wilfully disobeyed an order of the in the Squib case. The bailiff as a free Chief Justice, and it was solely on account that disobedience that this arrest was brought about

of the judgment you will find that "the The Chief Justice-And then at the end

defendant is not liable unless there is something to connect hiin, etc."

Mr. Potter- quite fellow what your Lordship means, but where the judgment of the Judge having issued the warrant departs frcni decided cases is that the fact has been lost sight of altogether. Over and above that, thero is the point that we are made liable for the wrongful act of the bailiff.

The Chief Justice-Because you fore- naw.

Mr. Petter--We could not have fore- seen.

The Chief Justice-Because I thought if you had foreseen you would have been liable, but that is a question, not being satisfactorily answered by the jury, there

must be a new trial.

Mr. Potter-But there are the instruc- tions of your Lordship to the bailiff brought into this case for the first time; and the liability of the defendant becauKÉ the bailift has broken those instructions.

The Chief Justice--And 1 said there were certain questions, which in any view of the law, should have been left to the jury, and as they were not, therefore there leads to an ever more

still: We are made to undergo & new trial because the plaintiff in the Court

As a matter of fact the instalments were not paid and what you call the interestcil, and from the judgment of the Full below did not put his case that way,

of $25 a month was paid for six months? -Show me the receipts for the payment.

Answer the question?—No. You received nothing back at all- Nothing whatever.---

1

Court ordering a new trial. Your Lord-am not raising the old point about any ship ordered a new trial on the jury case. thing being dropped, but the case was We asked for leave to appeal from both. never put before the jury or the Judge in

that way at all⠀⠀⠀⠀ The Privy Council granted us leave to

Mr. Stade This question in a question appeal from the ~~~Fall~Court judg Why did you wait so long?-They put

ment ordering a new trial, but ap- which affects all the bailifts, and is a par-

prisoners were taken, however, and there as are also Douglases at $20, the latter me off trcm time to time promising toparently did not trouble about the ques-ticularly iniportant question which affects were shot yesterday morning with circum Transports are quoted at 95/- ex rights Pay. When Mr. Alonzo went bankrupt tion of final judgment, or nut final judga large class of the community.

stances of disgusting brutality, and their corpses thrown into the harbour. Some of them, it is said, were mutilated in a barbarous fashion before being put to death. The bodies of those of Lim's men who were killed in action are now lying

100/- cum rights, middle price.

REFINERIES-China Sugars have been booked at $107 and $108 and close in de- mand. Tauzons are quiet at the nominal quotation of $32.

price. Raube after sales at 84) are asked for at $4.40.

sued Mr. Xavier.

Mr. Alonzo then went into the witness- box and stated that he signed two promis sory notes for 3230 each, receiving $200 on each. He had paid $138 as interest. Mr Xavier signed the notes to enable witress

ment, so I am afraid the decision in that case does not help us.

The Chief JusticeAs far as that is con-- cerned we can give you leave subject to the Privy Council decision in that case.

Leave to appeal was granted on the usual terras.

ACHIEVEMENTS OF WOMEN.

Mr. Potter-That would hardly do from NOVEL DISPLAY OPENED BY THE KAIBERIN. my point of view. Supposing your Lord-

The great German All-Woman Exhibi-

MINING. Tronols are obtainable from in front of the Law Courts, decently London at 74/- and Heawood Tins at 5/3. to get the money. Witness was to have

further Chinese Engineerings have

of 829, but being able to do so paid wrapped up, awaiting their funeral; the corpses of those of Chen's men who felt receded and are now quoted at 35/ middla repaid the money in ten instalmental shipa did that, and the Privy Council

#14 a month as interest.

Mr. Fletcher said it was a misuse of the word interest. What Alonzo did was tiff to prevent him taking action. Under to take something as a sop to the plain

are just allowed to remain on the ground no effort is being made to dispose of them, for Lim hes shown no signs of doing so, and the charitable guilds that would usually undertake the task are afraid to

decided that such judgment was not a tion, called "The Woman at Home and in the Exposition Balon of the Zoological final judgment, we would have no appeal Business," was opened by the Kaiserin to the Privy Council at all, and we want Gardens, Berlin, on the 25th ult. The crea tion of Fran Hedwig Heyd, Mother of cases Berlin," in co-operation with the German which decide what is the meaning of Lyceum Club, the exhibition is probably an appeal to the Privy Council.

most comprehensive display of feminine achievements ever organised. It is at least an epoch-making attempt to shatter the German masculine tradition

The Chief Justice-There

are

do anything lest they should incur Lim's probable hayers at $56. New Amoy Docks the Interest-Ordinance unless there was question of public importance."..

displeasure:-

~Firing re-opened in a desultory way yesterday morning early, but there was no general engagement for some hours, Then it was found that a body of local the Commercial Boldiers known as Volunteers," raised by the Chamber of Commerce, bad killed two of the soldiers of Mr. Goe, who is now a firm ally of Lim. Lim and Coe vowed vengeance, and posted guards on the streets. There was some heavy street fighting in the course of the morning, but the Commercial Volunteers offered no effective resistance. -not so much even as Chez Hong and by the afternoon Lim was undisputed master of Swalow.

to

Docks, WHARVES AND GODOWNS.-Hong- kong and Whampoa Docks are firmer with buyers at 8434. Kowloon Wharves after sales at varying rates close with sales and have again been sold and are in further

Mr. Potter--I don't think my friend request at $7 eum the dividend of 60 cents per share payable for 1011 working legal rate of interest in the Colony was would seriously dispute the fact that this Shanghai Docks are obtainable at Tls. 50 88.

a contract as to the rate of interest, the

the

and Shanghai Hongkew Wharves it Themitted that if that case there was no particular decision is of the very greatest that woman is an inferior being,

LANDS, HOTELS AND BUILDINGS.-Hong kong Lauds have been bought at $100, and Kowloon Lands at 834. There are sellers of West Points at 964, and buyers of Humphreys Estates at 304. Hongkong Hotels are in request at $104 and 887 for the old and new issues respectively.

-דו

COTTON MILLS-Quotations are changed, and there is no business to report.

MISCELLANEOUS - Cements close with sellers at 84.40 after sales, and Ropes at 817. There are: buyers of Electrics at 1 Feak Trams at $12, Ices at $200 He then issued, (after sales), China Lights at 81.20. Wat- sons at $51, and Steam Fisheries at 23. the regular way, proclamations reassure the people, promising the usual Langkats can be placed at Tls. 74. blessings, and announcing his peaceable intentions, but his protestations were the usual received with more than incredulity. In another notification he donounced Chen Heng O and the leader of the Commercial Volunteers. For the- arrest of the former he offered a reward of $1,000, and accused him of being a member of a society aiming at the restora- tion of the Manchu dynasty.

LOOTING THE ORDER OF THE DAY.

LONDON QUOTATIONS. The following. quotations (middle price) were received from London by wire to-day- United Serdange Batu Tigas Sapongs Ledburys .....and London Asiatics London Ventures Linggis .......

E. & 1. Trusts Rubber Trasts Tronohsen Hongkong Electric Trams. While Lim issued his high-falutin' mani-Shell Transports festo, his soldiers underlined it. Under Chinese Engineerings

Para Rubber pretence of searching for arms, they have

.112/8 78/9 23/9 60/- 11/8

1/ 377.

3/-premium. 14/6 premium. 72/6 3/7 85/-ex righta.

5/1 per lb.

Bellers.

Xavier owel { public importance. ----

When the Kaiserin entered the hall she was greeted by a chrous of 250 women, who chanted a cantats composed for the ocea ductress of the Berlin Women's Symphony sion by Fräulein Elizabeth Kuyper, con- Orchestra, which played the accompani

The Chief Justice--All points of law are of great public importance, but there are certain decisions which lay down the meaning of the Privy Council rules. Iment. think one of the rules says that a ques tion of law is not a question of public im

to be regarded as eight per cent. He sub- agreement as to interest. the same plaintiff 6350 and was unable to pay the instalments and was paying His Lordship decided that he could not $20 a month as interest. take the money paid by Alonze as repre- senting more than the legal rate of in- terest and deduct that from the principal.portance. lle made an order for defendant to pay by instalments of $10 per month.

Friday, 22nd March.

IN APPELLATE JURISDICTION.

BEFORE THE FULL COURT.

APPEAL TO THE PRIVY COUNCIL. Their Lordships the Chief Justice and the Paisne Judge sat to hear a motion for leave to appeal to the Privy Council in the action in which Tang Wong Shi is up- pellant and Lai Chi Chin respondent. Mr. Eldon Potter, instructed by Mr. Barlow, of Messra Goldring. Barlow & Morrell, appeared for the appellant, and Mr.. Slade, instructed by Mr. Hind, rf Messrs. Brutton & Hett, appeared for the respondent.

Mr. Potter-I have not brought any au- thorities on that point, but my Lord the Chief Justice has laid down a rule of law which is clearly stated in the judgment as a new rule of law.

The Chief Justice--I thought it was a old rule-a new deduction of an old rule.

Mr. Potter--Your Lordship says what I think is quite sufficient for my point of view: that there is no decision governing this case.

An

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Woman dominates the exhibition. The large extent executed by women. array of statistics shows that 9,000,000 decorative scheme was planned and to a women are engaged in German industries, of whom 20,000 are in the mining trades. A woman blacksmith exhibits horseshoes from her forge in a booth next to those of a woman cobbler and of a woman clock- maker. Four German airwomen show their flying machines. Two woman farmers have brought their pigs from the country. The products of woman architects, carpenters, engineers, chemists, authors, composers, painters, and sculptors are present in pro- The Queen of Roamanis, "Carmon fusion. Sylva" exhibits specimens of her own needlework. The ladies of the Rothschild family display their famous collection of thimbles in gold, silver, and precious stones. Near by is a rope of pearls worth £1,500, which will be awarded as the first The Duchess of Connaught and the prize in an exhibition lottery. Mr Potter will put my case higher of a section showing the work of German I will assume, with all defer women resident in Great Britain and the than that.

It is stated that ence, that in this case your Lordship has Dominions; it is chiefly of philanthropic tried before the Full Court, the point in and artistic nature. governed by the clearest decision. It is 11,000 women of British birth live in Ger

The Chief Justice-I admit that it is au important question of law, but I think we ought to see a decision on that subject. i know there is one which goes very far indeed.

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