1913-04-17 — Page 2

SUPREME COURT..

Wednesday, 16th April.

IN APPELLATE JURIADICTION.

THE HONGKONG DAILY PRESS, THURSDAY, APRIL 17TH 1913:

ALLEGED THEFT OF BUSINESS

DOCUMENTS.

At the Magistracy yesterday A. F. dos Remedios was charged on remoud with the larceny of a number of private busi BEFORE THE CHIEF JUSTION (SIE W. REES ness letters and a telegraphic code book, the property of Mr. Henry Cruz, of Messrs. Cruz & Co.

DAVIER) AND THE PUIGNE JUDGE (Ma. J. H. Krme).

A DISPUTED DECISION. Their Lordships sat to hear an applies- tion in the matter in which the Kwong Hang firm are appellants and Chan Wo respondent.

Mr. Jenkin, who was instructed by Mr Leo d'Almada é Castro, informed their

trial.

Lordships that the application was for loave to appeal against a judgment of Mr. Justice Kemp delivered on April 9th, the ground being that such judgment was erroneous in point of fact and contrary to the weight of evidence given at the The defendant firm had engaged Chun Wo to removs a large quantity of earth from a certain part of the Colony to another part, and the contract stated that the remuneration for the removal was The to be eight dollars for 120 baskets. work was carried out, but a dispute arose as to whether the terms basket and picul were interchangeable. Plaintiff said that A pitul was two baskets, but defendant said that it was only one.

The Chief Justice.There is no question of law 7

Mr. Jenkin-There is no question of law. It is purely a question of fact.

After hearing Connel, their Lordships

granted loave to appeal.

IN ORIGINAL JURISDICTION.

BEFORE THE CHIEF JUSTICE.

AN AMERIDAN DEAL. The Hung Woo Cheong firm, of 93. Con- West, brought netion naught Road against Chan Ka Heng, with several

Mr. O, G. Alabaster (instructed by Mr. Leo d'Almada) prosecuted, and Mr. F. C. Jenkiu (instructed by Mr. Crow, of Messrs. Hastings & Hastings) appeared for the defence.

P. C. William Knight deposed that on the 18th March he executed warrant to search some premises at the Grand Carlton Hotel. Defendant's room was pointed out to him, and under

the bed he found a box which con- tained the documents produced. In a drawer witness also unearthed various copies of letters and also what was appareatly extracts from letters. Défon dant told witness they wore in his own handwriting.

In answer to Mr. Jenkin, witness said defendant assisted him to find the lotters. At the request of Mr. Jonkin, Wong Man, a witness who was called at

previous the

hearing was Again into the box, and he was put examined at length by Counsel for the dofence. Witness stated that he told

Counsel then referred the witness to a copy of a letter, dated the 17th of August, to a fum named Mombasa, the letter purporting to be from Henry Cruz & Co.. and pointed out that it said that they wore writing with a view to opening up direct business connections with the firm of Mombass Counsel asked if witness had not said he had already opened busi ness with that firm, and witness replied that they had only been dealing in tiles before, and that he desired to deal in hardware as well.

In answer to a further question, wit nes admitted that he was a commission aagent, and this led Mr. Jenkin to ask why he should, write: I used to put my orders through commission roorchonte lore?? Have you ever placed orders through commission merchants? Counsel asked-Yes.

Give

me their

Bans Alexander

Young.

Are they commission agouts here!--No, in London.

I want the narxes of the commission agents in Hengkong. Arndt & Co., Any other commission agents --No, that is the only one.

Well, that would not be "firms," would

·it t-Yes.

Oh, you think so, do you? You had been dealing direct with Mombaan for the tiles, hadn't you? Why could you not deal direct in hardware? Did they write you

COMPANY ·· MEETINGS.

UNION INSURANCE SOCIETY OF

CANTON, LIMITED,

material appreciation, and I heartily endorse the action of the Board in voting a bonus of tb per cont. of a year's salary to the provident fund of each member, Gentlemon, with these remarks, I second the adoption of the Report and Accounts. Mr. Hay proposed the re-election of

tora.

Mr. HALL seconded, and the motion was agreed to.

n

The fortieth ordinary meeting of share holders in the above Company was held yesterday at the offices of the Society Messrs. Pattendon and Bouaar as direc Br. J. W. C. Bonuar presided, and there were also present:~Messrs. F. Lieb, G. Friesland, J. A. Plummer, W. L. Patten den, S. H. Podwell, H. A. Siebs, P. H. Holyoak (directors), Hon. Mr. C. Montague Ede (secretary), T. E. Hough, J. W. Taylor, Ho Fook, L. Berindoagne, A. R. Lowe. F. Smyth, G. C. Moxon, E. Ormiston, and C). JT, P. Hay.

The Secretary having read the notice convening the meeting,

The CHAIRMAN said: Gentlemen,-The report has been in your hands for over a fortnight, and therefore propose. Le take it, as well as the auditors' report, us read. The premium income, as will be

Messrs. H. U. Jeffries and A. I. Lowe were re-elected auditors on the motion of Mr. GEDDES, seconded by Mr. CUNDA.

gentlemen, I am much obliged to you for The CHAIRMAN-That is all the business,

your attendance. Dividend warrants aro now ready and can be had on application.

CHINA TRADERS' INSURANCE

COMPANY,

The forty-seventh ordinary meeting of shareholders in the above Company was

held at the offices, Queen's Buildings, yesterday. Mr. J. W. C. Bonner presided, H. A. Siebs, F. Lieb, G. Friesland. W. and there vero also present:Messrs.

seen on reference to the working account 1013, shows a considerable falling off Shrinkage in business accounts for about a lakh of this, the balance being duc. to the higher rate of exchange at which attendon, S. H. Dodwell, J. A. Plam- mer, and P. H. Holyoak (directors), Han, sterling premium has been transposed Mr. C. Montegue Ede (secretary). Messrs. into dollars this year as compared with A. R. Lowe, C. H. P. Hay, R. F. Hall. last for the purpose of the published F. Geddes, V. L. Remedios, A. R. S. report. As regards the shrinkage in pre Alves, and B. M. C. Cunha, mium during the period under review I have ascertained that our principal

Mr. Cruz about the taking of the press and ask you to dead through commission competitors have suffered in the same

agentsNo.

Counsel then referred the witness to

The notice convening the meeting hav

ing been read.

The CHAIRMAN said:-Gentlemen,-The way, so that this is in fact the natural report has been in your hands for some copy book on the 3rd March, and pro

outcome of a smaller volume of trade time, and I therefore propose to tako it, secutor said All right. Let him look at the books." On the 15th of March Mr. another letter, in which it was said that being done and does not in any way as well as the auditors' report, as read. reflect on our standard of efficiency. In Working account 1011 shows a falling off Cruz asked who had taken papers from In September Inst. I placed the order terest shows a most satisfactory increase in takings, which, however, is largely the press copy book, and witness told him.

Witness added that he remembered through Messrs. H. C. & Co." Witness of $10,000, while on the other side of the accounted for by the higher rate of ox elling Mr. Cruz that he saw the defendant said the H. C. & Co.. meant Henry Cruz account charges show a decrease of change at which sterling has been con

tampering with the letters on the 11th of February. He fixed the date because some friends of his went back to the country on that day. Defendant said that ho had a right to take the letters. A small boy

&Co.

Couns asked witness what he meant by saying he placed the orders through There is only your- Henry Cruz & Co. solf-Yes

$10,000,

Turning to the balance sheet,verted into dollars this year as compared

aliases, trading as or as a partner in the looked after Mr. Cruz's business during This letter was written by my clerk, Mr. not only do we increase our interest ac-satisfactory increase over that of the pre-

his absence, and a friend whose name ho did not know, came to help him occasional

restaurantly. This nan was between 3 and 10 years

of age,

Tin Chun Lo firm, and trading as, or a partner in the Joy Hing Lo, of 104, Straits Btreet, Chiengo,. keeper, for the sum of $4,604.38. being balance of account, the price of goods sold and delivered, and for interest agreed to be paid by defendant to the plaintiff on the balance remaining due in respect of each shipment of goods at the expiration of one month from the date of such ship ment at the rate of ons per cent. per month.

Mr. Jenkin, instructed by Mr. Russ, of Messrs. Goldring, Barlow & Morrell, appeared for plaintiffs, defendant being

represented.

Mr. Jonkin stated that the action was undefended. The usual procedure in such matters had been followed, the applies tion for leave to serve notice of writ out of jurisdiction having been made on 30th August.

After bearing evidenos in support of the claim, judgment was entered for plaintiff, with costs.

THE WOOD on CASE.

Mr. Justice Kemp referred to the action by W. R. Loxley & Co. Chinese firm for damages against. for breach of contract and stated

You are your firm, are you not?--Yes,

Remedios (the defendant).

wrote the letter-He did the draft of Is not that the draft he prepared before

the letter first.

You do not even suggest that this is draft of a letter prepared for you, do you-Yes, it is for me.

INTIMATIONS

ECZEMA A TORTURE

HE DREADED NIGHT

Sleep or Rest Out of the Question. It Was Unbearable. Rash Formed into Blisters. Cuticura Soap and Ointment Thoroughly Cured Him. Also Cured Daughter of Eczema.

"I suffered with eczema for weeks audi months. Those who have never offered with it cannot trangime the feeling, also the dread of the night coming out, as seen or rest of any kind was out of the question, tho torture being both egovalzing and unbear. able. It would take its appearance in a rasli, apreading itself into bright patches. office furuleg luto blister, at times with most terrible heat as night came on.

"I found it useles to rotire to rest. as that was the worst part to encounter, it always then being at sia full height. I tried (in valm all sorts of so-called remedies which gave no relief, until advised by my daughter to try the Cuticura Soap and Oiniment, and following the directions carefully, I must admit the result was most marvelous. They completely cured me and thanks to the Cuti- curs Soap and Ointment, I sin as befor the I old complaint, without spot or blemish. offer them my heartfelt gratitude for encha speedy recovery, I cannot speak too highly of their merita, and I can vouch for mysoil. axi others to whom it has done so much good, for my daughter was also cured of eczema by the Cuticura Soap and Oatment." (Bignel) Joseph Tumer, 40, Lamerton Street, Deptford, London, Eng-, July 13, 2011.

No other treatment for eruptionsof the skin and scalp does so much or costs sa Atlie, · A single hot bath with Cuticura. Soap and a gentle anointing with Cuticura Ointment aro often sufficient to afford immediate relief in the most distressing cases and permit rest and sleep when all eko folla A liberal sample of cechi with 2-p, book free from nearcat depot: F. Newbery & Sons, 27, Charterhouse BG., London, R.Towis & Co., Sydney. N.S.W.; Lennon, Ltd., Cape Town; Muller, Staclean & Co.. Calcutta and Bombar; Palter Drug & Chem, Corp., edlo propa., Boston, U. 8. Ä.

you will notice that pur reinsurance fund with last. Interest, however, showe eatinues to rise and now stands at substantial increase On the other side £204,000. This is a large amount, gentle of the account charges show a decrease, men, but it is most important that this while losses and claims paid are material-') fund should be built up. By this measly lese. The divisible balance showing a count more rapidly and thus ensure thevious year, your directors propose to pay vide against any possible contingency $10 for the year, and to add £10,000 to continuity of our dividend, but we pro.

a final dividend of $0 per share, making i As my predecessors in office have provi- The Prosecutor was then called, and

ously told you, we have during the past reinsurance fund, carrying forward the deposed that the defendant worked for

few years done a large business in war balanes to underwriting suspense account. him from June till September, 1011. He

risks, and although we have fortunately The reinsurance fund, with the addition gave him no money, as he had guaranteed

escaped heavy losses it is quite possible just recommended, will stand at £37,000, a debt of $2,000, which the defendant had

that this immunity may not continue, and your directors are strongly of incurred, but provided him with board

and as our reinsurance fund will be the opinion that this fund should, when

ever possible, he built up. As regards ZEISS and lodging. On the 5th of February behalf of the firm to Mombasa. If you first to be called upon in the event of the witness left the Colony for Manila, and like I will put it a little less strong, unexpected happening, it is only prudent 1912, the figures are very satisfactory, the

balance of working account returned on the 24th, which was race any you have made a gross mistake Willand in this I feel sure you will un-

animously agree with me-to build it up 91,204,207.67, and as the outturn of the week, spending the rest of the week at you accept that 1-No.

from year to year. On the credit side of year promises to be favourable we have the balance sheet you will notice that our no hesitation in recommending the pay

have been greatly ment of an interim dividend of 34 perd sterling funds

This is as it should be, in share and bonus of 20 per cent. on 12: angmented. view of the fact that a large percentage contributory premiumi,

12 Questions were invited, but none were of our business is done in gok-using countries.

::

I put it to you that you are telling deliberate falschood. You say he came to your office and drafted this letter on

and

96-14

PRISM

being BINOCULARS

AT HOME PRICES.

16 Power

(new model)..

.£10.10.0

.£10.10.0

£9.5.0

B

£6.10.0

The CHAIRMAN proposed the adoption of the report and accolats.

6

(large field)....

£7.10.0

Hon. Mr. De seconded, and the motion was agreed to

6

£6.0.0

6

(small model)

£5.18.0

$

£5.8.0

On the motion of Mr. ORMISTON, seconded by Mr. Moxos, Mesero. Pat- tender and Bonnar were re-elected direc Mr. SMYTH proposed that Messrs. W Hutton Potts and R. Love be electe

tors.

the races. On the 3rd of March witness. You say this is a copy of a letter which went back to his office, and the principat is missing from your letter book, but you office boy made a communication to him cannot find the place in the book from with reference to the defendant. He which it is torn. I put it to you that this mentioned the matter again on a sub is a draft of a letter --you know of course sequent occasion on the 15th of March it is in Remedios' own handwriting-on

The divisible balance for 1911 | asked.. Before that, however, witness had been to bohalf of Leo Kee, who has employed him Mr. d'Almada's office, and gave instrue in a similar capacity, and that it is not is $62,012,01, but in view of the unrest tions for a letter to be sent to the defenda letter from any of your bucks." Why in Europe and the feeling of insecurity should Lee Kee's name, bo put on the in the East your directors canuot yet ses ant, informing hit that unless he gavo an undertaking not to repeat this offence bottom of this letter, when it was written their way to recommend any increase in the dividend. They propose, therefore, and tendered an ample apology further on your behalf- dictate the corres-

to recommend the payment of a final divi- action would be taken in the matter. At pondence to him. He can do as he likes.

Mr. Jenkin carried witness to a letter dead of $20 per share, making 625 in all that time witness did not know that the written to Macfarlane & Co. on the 17th for 1911, the transfer of £25,000 to ster defendant bad actually taken the letters. of December, which stated "I take this ling reserve and the carrying forward of Defendant refused to apologise, and said opportunity of addressing you with the balance to underwriting suspense ac-auditors

object of opening direct business connec- that witness' suggestions were absolutely tions with you, and asked witness if he count. Turning to 1912, despite the losses, untruthful. Subsequently witness had had not had any business with that firm experienced in the earlier part of the year occasion to examine the press copy hook, before that date-Witness answered in the balance of working account on the

the negative. and noticed that a few pages were Counsel then referred him to a letter 31st December last shows a satisfactory Inissing. The office boy then told dated the 16th of February, ten months increase, and your directors have no

things It was arranged that the case be pro-him cortain

concerning the before, to this firm and witness then hesitation in recommending the payment a result of which the declared that he had done business with of an interim dividend of $30 per share ceeded with next Thursday,

defendanty as

the firm before. latter was arrested, Witness went with Str. Jeukin-What do you mean by and a bonus of 20 per cent. on contribu- the police officer and the defendant to the saying you did not - think the date istory premium. Altogether, gentlemen, latter's room at the Grand Carlton wrong. Hotel, and in his presence they found the documents produced, including a code Į book, which was made by witness himself and typed out by the defendant. When witness wont to Manila, the code was attached to the A.B.C. cude in witness

that ho intended to review decision which he gave on Monday. On writing out his judgment he discovered that his recollection of the evidence on which he had based his decision was at fault.

AMERICA'S PLACE IN SHIPBUILDING,'

Americans are not in the bubit of underestimating their country, but in cer- tain particulars they nevertheless place too low & rating upon its position among the nations of the earth, This is true in respect to shipbuilding

office.

What do you mean by talking about opening up direct burices connce tions if you had done business with them before --Witness gave no answer.

Now is that a deliberate falsehood or a mistake?--It was a mistake.

Witness admitted he was wrong when ho said this letter was a copy of the flimsy

the report before you is a very satisfac tory one and you are to be congratulated. The results which have been put before you are ample testimony to the good work done by the whole staff, to whom we have voted a bonus of 15 per cent of a year's salary to the provident fund of each

will approve of the Board's action..

Mr. TAYLOR seconded, and the motion was agreed to.

The CHAIRMAN-That is all the business, gentlemen. I am much obliged to you for your attendance. Dividend warrants are now ready and can be had on application,

THE RECENT BOYCOTT IN

MANILA,

TRIAL OF THE PRESIDENT OF THE BOYCOTT

.яOCIETY.

The trial is proceeding in Manila before

the Kio Ko Sia, a society organised Judge Hurd of Ty Pat Ty, president of among the Chinese of the City to pro- mot a boycott of Japanese merchandise. laws, which sow form part of the records The following extracts from the, bye- of the Court, are published in the Manila

m

On returning, the A.B.C. code in the press book, and Mr. Jenkin pro- member, and I feel that all shareholders The boyceit movement shall take effect

So much bas been printed and said

was still there, but the private code was about the decline in that industry in the United States and its rapid progress in missing. There were pages missing from Germany, for example, and Sapan, that the book produced which were there when what they own country accomplishes.

ceeded to deal with the question of the code book, and suggested that the code was prepared and invented for the witness. by Remedios, when he was working for him at night; that the defendant had

himself.-Witness denied that it was made by the defendant; anu said he made the cöde himself.

Questions were invited but none were forthcoming, and the Chairman moved

To te Obtained from.

Chs. J. Gaupp & Co.,

OUR

ALEXANDRA - BUILDINGS,

from date of notice, and be strictly en forced. Negotiations with Japanese mer

restaurants is chants shall be ceased, frequence to strictly prohibited. The boycott shall in elude all foreign merchants who are en- STUDY gaged in selling manufacturing Japanese goods in this locality."

The duty of Chinese towards the society

many Americans have come to underyall the journey to Manila was undertaken made a copy of the cudo, and had a drag the adoption of the report and accounts, Japanese saloons and They have no idea that it stands third It would be useful to the defendant to among the nations of the world in the take these extracts, as he could do the amount of tummage built..

business. As a result defendant did get some orders.

and

Nor

or

11

OF

is clearly set forth in a section devoted

Large firtus (1st grade) shall contri- THE to dues, membership, etc. It provides. bute at least 10 pesos each; median firms grade) at least 5 pescs cach shop or tienda at least 2 pesos each; ordinary Chinese citizens at least 1 peso pach. Hot mind man may contribute à large 811m if he pleases, the inure the bettor.".

(2nd

Mr. Horou said-Gentlemen, I rise to second the adoption of the Report and Accounts. I have followed what you has Counsel turned attention to another said, Mr. Chairman, in explanation of letter, dated the 15th of Doccinber, and asked if defendant was not at that time the various itens, notably your reference working for him at night, and not only to the shrinkage of promium in the 1971 drafted bite practically wrote all the working. I do not think the falling of witness'. English correspondence for that year has disturbed your share gave an affirmative answer, and said

holders very much and with the eloquent was a deliberate copy.

testimony supplied by the figures of the Mr. Jenkin pointed out various differ-

Hot mind man" is explained by a ences in the copy of the letter and, the 1912 net premini-some seven laes odd-

over the previous year-I am sure they Chinese as meaning those who display draft, and said that there were sentences

the draft.

participating in the revival of trade against Japanese merchandise, and the provision Liat they may contribute as tearing in the letter which were not in re quite satisfied that they are fully marked enthusiasra in the campaign the better is After further questions the case as which seems to have set in. I note that much as they remanded till to-day at 215,

the Society continues to do business as thoughtfully provided to prevent the by formerly in war risks; we leave, this laws from interfering with larger gifts.

"The above by-laws are adopted by all detall with every confidence in the disrepresentatives from different societies (or cretion of our management, knowing full tongs"). In case any party oppose same well the careful manner in which it has he shall be considered as enemy of all the

by every one."

-- Still less do they realize that last year the new vessels launched in the United States had a greater aggregate tonnage In cross-examination by Mr. Jenkin, than the shipping built in Japan, way, Holland and all of the British witness srid he thought the defendant colonies, including Canada and Australih gut the orders through stealing the press Standing third among the countries which copy bus. In answer to a question as still suggested that the loiter produced build ships, Franco was beaten about two

Que-half

to end by the American ship to what business he was doing with the Peninsular Hat Company, mentioned in vards.

Great Britain, of course, is far in the a letter, witness said he bought hats from lead in this industry, the tonnage

He suggested that defendant launched in the British Isles much es them. ceeding the output of all other countries copied ou; the letters because he wanted taken together. Germany is easily second, to buy hats from this firm. Questioned leading the United States by about 33 per rent. France is fourth, Hollard fifth and as to the cbject of the defendant in taking Japan sixth, according to last year's re- away the letters, witness said he would cord, the American tonnage surpassing not have taken them away if they were that of France, Holland and Japan com of an use to him. bined.

The dark side of this picture is on the high seas, in the international trade of

THE MAGISTRACY.

Five men were proceeded against before Mr. Hazeland with gambling in Second Mr. Jenkin-That is your acute mode Street. A fine of $3 was imposed upon been conducted in the past, and I feel Chinese in this city, and he can be killed

each of the min

the world, which crosses oceans instead of of reasoning. All the letters which you skirting their shores. There the position have there you say are copies of letters

of the American Republic is pitifully in- which should appear in your letter press in unlawful possession of brass froin the Gentlemen, there can be only one feeliar the trial of Ty Pat Ty, which indicates

adequate to the size, wealth, resources book-Yes. and prestige of the country. It is so lowly a place that it by no means cor responds with the historic power and in portance of the Nation in maritime affairs.-Cleveland Leader.

If they appear in your letter press book they would be letters written by Henry Chaz to his various clients --Yes.

A Chinese who was charged with being Army Ordnance Department declared that he was falsely accused, and that the constable had brought it in order to get a reputation Mr. Hazeland fined defendant $10 or one month in default.

that when we meet again next year we will be able to congratulate them on results.

Prevailing among shareholders to-day, and that is one of great satisfaction at the figures presented in these accounts. The able work done by our staff merits

There are forty-odd witnesses to be ex- amined for the prosecution and defence in that the trial will be long drawn out.

Upon its conclusion there are five others

the Court. It is possible that two or charged jointly with him who will face three weeks will be consumed in disposing of the boycott cases.

CHATTE BOAD.

EYE

and its anatomy and our long expericnes in correcting defective vision enable us to tell beyond doubt if your eyes will be tenefifod by-wearing glasses.

Our method of testing is scientific ana accurato. If you do not need glasses wa will tell you to. If you do need glasses we can supply and fit them at extremely moderate prices.

MAKE CERTAIN

WE WILL TELL YOU.

Co

LARK &

BLOGS.

CHATER

KONGKONG