1912-09-26 — Page 3

Page

TELEGRAMS.

[sæRODGE NEOTen's Acunor.)

AN EMPIRE COURT OF APPEAL,

A HUPREME AND UNIQUE TILBÚNAL.''

LONDON, September 25th. Mr. Haldane, speaking at Dunbar, said the Judicial Committee of the Privy

THE HONGKONG DAILY PRESS, THURSDAY, SEPTEMBER 26re, 1912.

SUPREME COURT.

Wednesday, September 26th,

IN SUMMARY JURISDICTION.

BEFORE HIR HONOUR MA. H. H. J. GOMPERTZ (PUISNE JUDGE).

THE WRONG. PLAINTIFF.

Action was brought by Fung Lau

THE PHILIPPINE ISLANDS.

GENERAL REVIEW OF PORSIGN COMMERCE.

Mr. Harris-Illegality and want of consideration are quite different. There is no question of co-habitation at all in. this cas

It is merely a little methods

The following is taken from the Annal the defendant has taken to frighten the Report of the Barau of Insular Affairs plaintiff out of Cuart.

on the Foreign Commerce of the Philip Mr. Kong Sing-My friend knew per-pine Islands for the year 1911: fectly well from the beginning what my defenes was, and he has seen correspon dence from his client to mine.

Mr. Horris--It will probably save time

GENERAL NOGI'S LAST LETTER AND WILL.

The Huchi publishes the contents of the letter left by General Count Nogi addressed to Surgeon-General

Haron Ishiguro. It was put in an ordinary envelope, superscribed with "the words ** His Excellency Baron Ishiguro, Agebacho, Oshigome." On the back the General's signature was written in full

translated by the Japan Mail, runs sa follows:-

Council was a great link in the Empire against Ma Yeo to recover 264 due for if I ask my friend how much be agmita. oils, and rice were materially larger, but with a black seal beneath. The letter, an

which had not received the attention it required. He hoped to be able to develop the importance of the meaning of this "Wo do supreme and unique tribunal. not desire to meddle with the affaire of

the Dominions," he said, "but if we

provide an absolutely impartial Court they will come theroto and welcome it,"

THE SENSATIONAL TRIAL AT POTSDAM.

›WHOLE COMPANY CONVICTED OF CHEATING.

LONDON, September 25th. The entire Sixth Company of 1st Foot- guards, with the exception of the ensign, has been convicted of cheating in conneo- tion with the shopting for the Kaiser's prize, and sentences ranging from four months' imprisonment to two arrest, have been imposed, the sergeants The receiving the most sovere termos. captain was ordered a week's confinement

in his rooms.

days'

WORLD'S BOULLING CHAMPION-

SHIP.

LONDON, September 25th. Barry and Burtian seull for the world's championship at Putney, Mortlake, on Defaler 14th, the stake being £500 aside AVIATOR'S MARVELLOUS ESCAPE

LowDos. Beptember 25th. Foggin, the aviator, had a marvellous

He fell like escape at Eastbourne. stone from a height of 00 feet but was unhurt, being saved by his helmet. The aeroplane was demolished at Kingston.

COLLISION AT SHANGHAI.

Considerable damage was caused on the river on Saturday afternoon, the 14th inst, as the result of a collision between the N.Y.K.B. Shidzvoka Maru and the British str. Den of Glamis. The accident occurred about half-past one o'clock at the Lower Hongkow Wharf, where the Den liner was moored, and at the time she was swinging preparatory to leaving the port. Her bow had been pointing up stream, and in order to proceed down river she was swinging stern out, the usual ball having been hoisted to give notice to other shipping that this man-

uvre was being executed.

two months' rent of the second floor of No. 1b, Sai Woo Lane.

Mr. L. R. Needham (of Messrs. Ewens & Harston) appeared for the plaintiff, and defondant was represented by Mr. F. X. Almada e Castro.

Does he admit there was a contract to pay the plaintiff 830 a month?

Mr. Kong Sing-I say there was no contract; absolutely none.

Evidence was then called. Plaintiff stated that defendant promis ed to give her a few hundred dolars in addition to the salary owing. In May last there were only two

men in the house, but there had previously been five

Mr. Needham said the plaintiff rented the whole of the house in question, and sublet the second floor to the defendant at a monthly rental of $32.

Plaintiff gave evidence in support of boarders. his claim.

In cross-examination he said he had not a fease of the premises. The landlords were the Bop Yuen firm, and he was a partner of that firm.

Mr. d'Alinada submitted that he was entitled to a non-suit,

His Lordship (to Mr. Needham)--Your client is not the proper plaintiff.

Mr. Needham-I think so. Apparently the premises were let to the plaintiff with the concurrence of the defendant, who has paid rent.

Mir. d Almada—-Tụ thu Hop Yun. Bis Lordship (to Mr. Needham) Whose tenant is the plaintiff I don't know what your case is.

Mr. Needham--My case is that the plaintiff rented the whole of the premises, and sublet a portion of them...

His Lordship-From whom is the plaintiff lessee?

registered

from the

tonsiders

Mr. Needham-From the owners, I understand.

His Lordship Is he lease Hop Ynen firm?

Mr. Naedhan-I think he himself the Hop Yuen.

Mr. d'Almada-There are six partners in the Hop Yuen, including himself.

Mr. Needham asked for leave to amend the writ.

Mr. d'Almada submitted that in that case he should have all his costs of action. He did not know who the plaintiff was. Had the suit been brought in the name of the Hop Yurn it would have been otherwise.

Mr. Needham-My friend knew the plaintiff was a partner.

Mr. d'Almada-Not till 1 searched at the Registrar-General's office. It is only in questions of bond fide mistakes that writs are allowed to be amended.

Hia Lordship-Stupidity is not bad faith.

Mr. d'Almada-But the plaintiff ought to suffer for his stupidity. My sole defcace is that we were tenants of the Hop Yuen.

His Lordship eventually gave judg ment for plaintiff for the amount of the claim. with a stay of execution till Friday, and reserved all costs.

The Shidzuoka Mare, which is one of the largo steamers of the N.Y.K. and is employed on their American rua, was coming up river on the flood, and just as the Den of Glamis was swinging she arrived off the Wharf. The Den liner was practically at right-angles with the wharf when the Japanese boat attempted to pass, and not allowing herself sufficient room the latter crashed into the stern of the former. So great was the force, of the impact that bulwarks were carried away on the starboard side of the Shidiuoka Mara and boats store in, the damage being estimated at a considerahle month. sum. The Den of Glamis did not escape unseatched, but her injuries were slight in comparison, and she was able to pro- cred on her journey to Japan on the 15th

6. Daily News.

JAPAN AND NORTHERN, CABLES.

NEGOTIATIONE FOR PURCHASE.

A HOUSEKEEPER'S CLAIM.

A. d'Almeida sued J. A. Dove to re- cover the sum of $420, balance of salary due to the plaintiff as housekeeper for the last two years at a salary of 830 a

Mr. M. Header Harris (of Messrs. Wilkinson & Grist) appeared for the plaintiff, and Mr. Otto Kong Sing represented the defendant.

Mr. Harris said the plaintiff had been in the employ of defendant as house- keeper for the last eight years at a salary of 890 a month. In May last year the defendant suggested to the plaintiff that as he was likely to go home at the end

[

1

Cross-examined, she said she first met the defendant at a concert eight years ago, and subsequently o Kow loon Ferry. She want to be defendant's housekeeper at Wild Dell, Wanchai, and continued in that position in different premises rented by defendant. She had written many letters to Mr. Dove, and in some of thern complained about some Chinese girls he was keeping.

It made you rather angry to think he should keep those girls ?--Yes, because on cne occasion I found ose Chinese girl in

matu-

"Dear Sir, Please accept my con- fellgratulations on your increasing health. (This is the customary introduction to a panens letter.) I am sure that you will chido me for the present event. Since my body has been of no appreciable se (to the Sovereign, the idea intended as is evident from the use of honorific ‘a' in the context), as I told you before, if you can make some use of it medically,

Philippine customs returns for the calendar year 1911 show imports of mer- chandise to the total value of $18,021,407. Import values of iron and steel, mineral

there were

reduced imports of cattle, breadstuffs, coal, and cotton factures, and the import total $1,604,945 below that of the high record established in 1910. Exports amounted to 844,557,291 and were 23,858,628 more than in the previous your with marked in- creases in sugar and copra to more than offset reduced export of hemp and cigara. American goods were imported to the ralue of $10,156,997 and maintained the 1910. Of the increased export total, proportion of 40 per cent catablished in shipments to the United States were to the slightly increased proportion of 44 In addition there were imports from per cent, and amounted to $19,827,030. Hawaii to the value of 187,586 and ex- ports to this island possession amounting to $72,402,

shall have no cause to be dissatisfied even if you skeletonise it, or make a mummy of it or turn it into, powder and throw it away. My wife has also given full content to it. I leave the whole thing to your discretion. So much by way of bidding you farewell."

Nogi, which was written on the 12th The following will of the late General

inst, atated:-

myself. I am conscious of the guiltiness footsteps (of the Emperor), and to kill "I am going to follow in the augiat

of so doing, which is great, but I lost the colours under my charge in the war of the 10th year of Meiji (1877) and since then I have been trying in vain to find

The cotton trade in 1910 surpassed all $10,000,000. In the reduced total of 1911 records and reached a value of over practically all contributors of importance shared in

any the reduction except the United States and Japan. Textiles, which comprise the greater part of this trade, declined from 87,013,250 to a ft vocasion to die. I have continued 30, 160,277, but American goods.continued till this very day to bathe in Imperial to show increased values and represented favours out of all proportion to my over half of the reduced total.

The merit. introduction of American textiles into the Philippines is one of the most strik ing results of the stablishment of free trade, with the value of these imports in 1908 $536,470 against 83,114,223 in 1911,

ray bed, and one under the bed."

Defendant, on being sworn, said he first met the plaintiff on the Kowloon ferry about eight years ago

On that occasion the only available Bunting ac commodation was alongside her. Going across she made herself sociable, and when" they left the ferry they went straight to

In addition to cotton there were imports her flat. After that he saw her frequent-somewhat less than 850,000, but though of miscellaneous textiles to the value of ly. When they went to Wild Dell there the tariff advantage is generally as high or higher, the United States has made He never at any time agreed to pay her little progress and supplied but a $30 a month. His arrangement was to cellaneous vegetable-fibre textiles chiefly nominal portion, with wool and mis- pay her as much as he could afford.

Cross-examined by Mr. Harris, de European countries, while silke were from the United Kingdom and other fendant said he calculated he had paid from China, Japan and France. plaintiff over $400 in the last two years. Judgment was entered for defendant with costs.

were no other men living in the house.

THE EX-PRINCE REGENT AND DR. SUN YAT-SEN.

AN HISTORIC SPEECH.

The Peking Daily News publishes in the original and in a special translation the historic utterance which Prince Pu Lan was. delegated by the ex-Princo Regent, on behalf of the Imperial Family, to deliver on the occasion of the recent dinner to Dr. Sun and General Huang Hsing.

The translation is as follows:-

"It is a ripe saying of our Suges that memorable deeds are the work of memor able men. The recent achievement of Dr.

Sun and General Hung Hsing and other patriots in founding the Republic of China prove that the ancient teachers

have not erred.

"The records of our spacious history -unnals of 4,000 years and more-have been studied by Dr. Sun and General Huang in the light of the knowledge and experience of these more recent days. They learnt that unless China changed to a republican form of government, she would be unable to give protection to her people as well as prosperity, and also would fail to cope with the nations of the world.

Moreover, being advanced in

years, I can be of no mere service (to the Sovereign). Just at this juncture the present catastrophe (the death of the Emperor) occurred, to my intense dis- may, and I have accordingly made up. my mind.

After tho death on the battlofield of

INTIMATIONS

SUFFERED 14 YEARS

WITH SORE HANDS

Itched and Burned. Skin Came Off, Leaving Them Raw. Tried Cuti- cura Soap and Ointment, They Soothed from the First and Cure Kas Stood Test of a Dozen Years.

"For fourteen years I suffered with my hands. The skin cans off in patches, tearing my hands raw. They itched terribly and I rubbed them, water outed out, leaving #kom worse than before. My thumbs and first Angers were the worst, the skin cama off, leaving a red, smooth surface, Tway“ itched and burned torribly. Other parts of tus hands became affected, the skin first drying up and pocking of. They were draw together and I could not grasp quy thing.

"I tried various sintments, but they did me no good. I went to dve different doctors, having medicine and ointment from each, buf all to no purpose. One of the doctors told zie they would derer be cured, azother said the oil was all dried up out of the sun. Not one give me any hope of ever being cured. A tend thought one of my angers was wither away. I tried various sint. ments recommended by friends, but they all failed to care. After some time, a friend told me about the Cutters Remedies, having tried them with success for banda sigillar to mias. I tried them, and I found that nothing had such a soothing and cooling effect. They acted wonderfully, and I noiteed the sooth ing clock from the fast. My hands were completely cured by the Cuticura Soap and Ointment. It has stood the test of a dozen cars. It was wonderful, I never saw any thing to it. Other mombers of the house. hold havo batelited by it, and we are DETÉS without a tox." (Signed) Mira Allee Blomley, 129, Durbam8t., Rochdale, Eng., Jan. 3, 1011.

Cuticura Boap, and Cuticura Ointment sford the specillest and most economica) treatment for skin and scalp humours, of young and old. A single sot ka often suficient. Cuticure Soap and Olatuent are sold through- out the world. A sample of sach with 12-0. book os akla and scalp sections post-free from caress depot: F. Newbery & Sons, 27, Charterbeuse Sq., Loaden: R. Towns & Co., Bydney N.B. W Lennon, fid., Cape Town Muller. Maclean & Co., Calcetta and Bomber: Potter D. C.Corp. sole props., Boston, USA.

89.8

Chs. J. Gaupp

& Co.,

ALEXANDEL BUILDINGS,

CHATHE ROAD.

my two sons, my senior officers and kindly friends very frequently tried to perenade me to adopt a son. But seeing a diversity of opinion on the question of that there has existed from olden times

yeshi (adoption of a successor), and in view of the case of my revered elder brother, which is one of many, I have refrained. facture, the United States was the source children be of his own issue, in which

То спо

who enjoys the Of imports of cotton for local manu-

gracious treatment of a peer, except the of supply for the raw fibre, as in past years; but in a yam trade aggregating of the adopted son disgracing the family. case there is no help, there is the four 8776,938 American yarn amounted to only For these reasons one ought not to do 8191, while Japan was the leading source and with the United Kingdom practically for the case of the ancestral tombs, as what is against reason and nature. As controlled the market, notwithstanding a tariff rate of 15 per cent. and upward.

long as one has relatives alive, these will take the matter in hand.. I will there. Always have on hand a very large complete Reduced production of rice throughout for contribute my house at Shinsaka- the Orient, both in countries dependent machi to the Akasaka district or to the chiefly on local supply as well as those Tokyo Municipality. You are hereby guring prominently 29 exporters, requested to take the necessary measures resulted in practically lamine conditions to carry out my will. and famine prions. The quantity import- ed during the year was actually less than stated in another paper. For particulata The distribution of my property is in 1910, and in view of estimates of other than those mentioned therein, reduced production the decline in importa Shizu-ko will advise you. from 194,208 long tons to 180,772 indicates elased markets on consumption. the influence of exceptional prices and

#took of

SCIENTIFIC AND

SURVEYING INSTRUMENTS

Transits, Levels, Plane Tables, Prismatic and

Sight Compasses, Hand Levels, &c., &o.)

also

effects, I have asked Colonel Tsukata to "As for the distribution of my personal Active development of the islands is give to my official side-de-camp my indicated by further increase

watches, metres, field-glasses, saddles, imports of iron and steel. The increase of military officers, according to his DRAWING

swords, and other things as for the use- was 8819,231, and the value for the year

discretion. Colonel Tsukata had con- was 90,178,089, of which the United

in

about. For the rest I confide to your

I have

The books which can be of use at the

:

States contributed over two-thirds, while siderable service in both campaigns. imports from the United Kingdom, Ger What is Shizu-ko's please consult ber many, and Belgium, the only other sources of any importance, were slightly judgment. for the year was in the machinery group, Their Imperial Highnesses) with Imperial less than in 1910. The notable increase "All things bestowed upon ne (by

crests on, I think you had better con and imports of sugar machinery point to what is being done in this industry, tribute to the Nobles' School. These imports increased in value from asked Mosers. Matsui and Inotani for 8118,048 to 2023,021, of which latter their assistance in this matter. amount $264,374 was credited to the United Kingdom, $153,647 to the United Nobles School please contribute to the States, and 8215,000 to Hawaii, whose School; the rest to the Chofu Library (in prominence in the scientific production his native province); the useless ones you of sugar has been attended by the manu-may deal with in any way you like. Inspired by this thought, Dr. Sun favour in the East.

facture of equipment that has found "The books left by my father, grand- journeyed into many lands and used his

A review of the reduced import total be called the history of the House of father, and great-grandfather, which may time and opportunities. He strove for a score of years and upwards with zeal and for the year by countries compared with Nogi, I request you to pat ip proper diligense until ho realized his object of the figures of 1810 shows that the United shape, and, excepting those that are establishing a Republic is China. He States, with 40 per cent. of the island's utterly useless, confide there for over to Was the heaviest loser, the care of Marquis Sasaki (General may well be compared to the illustrious import trade,

chiefly in the group of breadstuffs. The George Washington.

reduced cotton trade was a leading factor Nogi's feudal lord) or the Sasaki Shrine. My exhibits at the Armoury Exhibi in the smaller totals for the year of the United Kingdom. Switzerland, and tion (at Kudan) I will contribute to the Spain, and together with eattle made up Exhibition as they are, for it is the ident the greater part of the heavy loss of repository of the snementees of the House China The volume of French trade was of Nogi...

"Shizu-ko becoming old, she says she was about 10 per cent, less, Australia would not feel easy at Ishibayeshi, practically the same, while the German and leading Oriental countries except especially in case of illness, and I think

totals. China increased their

The she is right. The house there I agree to "The times are unpromising. Since

Japanese increase was nominal, and rice her bequeathing to Shusaku and to her the establishment of the Republic, sigus entered into the larger values of French living at Nakano. The land and hous of internal trouble and of external dangors have repeatedly forced themselves East Indies, Siam, and British East at Nakano she may deal with as she likes

The important and growing when the time comes dispose of them. upon the country. The gathering of Indies.

"My remains, as to which I have pre- tempest over the great land of China demand for cement was prominent in the appears to be more threatening than larger total of Hongkong, but with the ferred a request to Baron Ishiguro, you during the time when our Guests had not installation of modern sugar plants for will contribute to a respectable medical

cement plant by a local company Does this mean yet given utterance to the great idea of the production of refined sugar and of school. Beneath my tomb only my hair, founding a Republic. that circumstances create heroes or that recently organised, it is to be expected nails, and teeth need to buried. Shizu-ko

that the two leading industries of the will attend to the matter. heroes create circumstances?

British port will figure less in Philippine General "However, Dr. Sun and Buang have arrived in the North in imports than in the past. order to make the acquaintance of the Mr. Kong Sing-It is an immoral con- President and to discuss with him some The sideration, in fact.

grave problems of the nation, Mr. Harris It is simply a gross people of the North avail themselves of attempt to besmirch my client's character. the opportunity to show the honour which

is their due. Hi Lordship-I think, if there is

"Illness disables me from persocally this dinner. I regret it Agitated by rumours of a battle in immoral consideration, you ought to have coming to China, two Chinese factions in Yan- given notice of it.

deeply- couver attacked each other on the 4th Mr. Kong Sing--I have given notice of "It is earnestly to be hoped that, In all actions through the help and guidance Dr. Sun and General Huang, our Land will

"While Dr. Sun and General Huang It is interesting to learn that negotia

have exhibited the purpose which achieves tions for the purchase of the telegraph of about two years or so, he should keep deeds, no little praise attaches to the wise cables between Shanghai and Nagasaki her salary and pay her in a lump sum. and unselfish action of the Empress and Vladivostock and Nagasaki, which have been in progress since July last He also said he would give her something Dowager and the Emperor in freely between the Japanese Government and extra at the end of that time. Nothing giving to the people that which the the Great Northern Telegraph Company, was paid up till the end of last July when Sages aver to belong to the people. The have made good progres, says the Japan plaintiff left defendant's employ and

illustrious examples of Yao and Shun The Jahi says that the

are repeated in our day. manager for the Far East, who has been asked him to pay the balance due to her, conducting the negotiations, has ad. On being pressed - n good deal be mitted the propriety of Japon demand ing the purchase of the cables in view of eventually paid 8100 on the 25th July, her position in the Orient. The parties and another $200 on August let. have come to an agreement on all other details in

Chronicle.

with the connection with the transfer

left a balance due of $420,

That

of the price. Owing

Mr. Kong Sing Your Lordship will to the national mourning, the authorities see the defence1 of the Communications. Department are

His Lordship-Want of consideration. so busy that thay cannot attend to the

Mr. Kong Sing-No consideration. negotiations just now, and the foreign representative of the company returned Mr. Harris-My client will prove that to Shanghai a few days ago, with the she has run the mess and done all the idea of returning again next month, marketing for five years. when it is believed that the negotiations will be brought to a successful conclu- zion,

CHINESE RIOT IN VANCOUVER.

want of consideration

"The gold watch engraved with the characters Imperial present I give to Hasaki Misayuki. I would have hira never wear it except when he is dressed in military uniform.

The

In the larger export total for the year the most noticeable feature is the declin- ing relative importance of the hemp

With regard to other matters you will trade in the face of rapidly increasing ments five years ago furnished 60 per given the necessary instructions. values of copra and sugar. Hemp ship- please speak to Shiza-ko, to whom I have cont. of all exports, while copra and name of the House of Nogi may be pre- Bugar amounted to but 13 and 14 per served as long as Shizu-ko is alive, but cent. respectively. In 1911 hemp was I insist on its being discontinued upon about 25,000,000 less in value than in her death.

I attest the above the night of the 1906, and represented only 33 per cent. of the total, while copra WES a close 12th September, the 1st year of Taisho.

"MR. YUCHI BADAMOTO, per cent. In the tobacco industry of 1911

"ME. ODATE SHUSAKU, a reduced cigar trade was attended by

"ME. TAMAKI MASAYUKI, considerably increased exports of leaf, while other exports of minor importance "COUNTESS NOGI SHIZU-HO." and miscellaneous character were larger

From this it will be seen that the the in the aggregate and amounted to about General did not contemplate that $2,000,000.

Countess would follow his example.

inst. During the whole day the Orientala hovered around the bulletin boards and finally 300 began to fight with clubs and stones. Some heads were broken and the contract fails for want of considera be enjoyed by the Imperial Family no

where an illegal contract is entered into,know peace and prosperity, which will second, with 29 per cent., and sugar 25 many windows were smashed. Many of tion and if an iminural consideration the less than by the people of the Country. the combatants were injured and carried

"And thus we may still witness the away by associates, but there were no contract is absolutely void for want of

consideration.

performance of a great work by two great men,"

deaths.

"MARESUKE.

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