1913-12-09 — Page 3

SUPREME COURT,“

Monday, December 8th.

In OntoINAL JURISDICTION. BSTONE HIS HONOUR THE CHIEF JUSTICE

(SIR WM. REES DAVIES, K.C.)..

THE SOTTO CASE.

The case in whieli Vicente Sotto journalist, daims £5 for alleged false imprisonment from Thomas Carey Welch, Assistant Excentive. Secretary of the Philippine Islands, and Mr. John B. Sawyer, Vice-Consul of the United States of America in Hongkong, reached its Fourth day.

Mr. Slade continued his reply to the defence, and referred at once to the all-important point raised by Counsel for the defence: the question of the

I put it to you, is he ashamed?-1 doing also the cargo, is estimated roughly | Chief Engineer, Mr. Stevenson, who at

not know what you mean by being ashamed. You had better ask him your soll. I don't know.

1

Oh, very well, Eut how is it that he does not put his name on any papers or notiers?-We are dealing with watchmen, not papers

His Honour You must inswer the question "Yes" or "No"-Well, I don't know anything about the papers.

Mr. Gardiner-It does not say in any advertisement or any of the papers that Mr. Uschmann is the proprietor of the hotel: Besides being hotel proprietor, does your husband do anything else?

at 85,000 yen

Mr. John Hockson, nas officer of the British str. Indra, when going into the vessel's hold at Yokohama last week was overcome by gas, which had been used in disinfecting the ship, and fell to the bottom, dying immediately.

once summoned help. “Mr, Stevenson and his companions then pluckily descended into the engine-room, their noses and mouths being protected, and brought the, unconscious Lascals up on deck, one by one, Happily, none of them was dead, and the ship's doctor was able to attend to them at once, Late in the afternoon most of them had come round, while the others, though still unconscious, were fortunste thing, bath for the Lascar, and expected to revive shortly, It was n the ship, that the poor the covered when they were, and the Chief Engineer is to be commended for his promptacas in organising th dangerous. work of rescue. It was fortunate, too, that the funer had only just commenced to percolate into the engine-rom, others, been found dead by 11 o'clock, the time when they were first noticed.

·were " dis.

application of the section of the ulica, vui that the age limit for abduction inYes, he looks after the N.D.L. godown.an, formerly the property of Messrs.wise the men would most certainly barel

Mr. Gardiner-Then he spends most of his time in the service of the N.D.LI I have told vout his hours..

But what do you do in the hotel! Don's you give the orders --No, I just look after the house.

What, are you a charwoman? His Hopour-Now, now; she does not know what that means.

Glasgow in 1880, but the hull was practically rebuilt in 1909. Her owners are Messrs. Ruiz & Rementeria.

Mr. W. Wilmer, the Secretary of the China Coast Officers' Guild, has arrived in the Colony, and is staying at the King Edward Hotel. The Guild has been established in Shanghai for about two years, and during that time it has accum- plished much useful work in the interests of slicers. The rates of

T.Y.K.'S NEW STEAMER.

A large number of the Hongkong public availed themselves of the oppor tunity accorded them by the Toyo Kisen Kaisha of vialfing and inspecting the Company's new steamer, Anyo Mara, yesterday afternoon.

The steamer was

built at the Mitsui Bishi Dockyard at Nagasaki expressly for the requirements of the Company's South America service, and she is in every way an admirably well equipped and up-to-date vessel. The day Maru has a displacement omnge of 18,500, her gross tonnage being 8,593 and her registered tonnage 5,910, capable of doing 16 knots per hour. Her cargo capacity is 11,000 tons. She i

THE HONGKONG DAILY PRESS, TUESDAY, DECEMBER 9r, 1913.

let him off for a week, and then have Defendant then engaged in quite a live-

SHIPPING: NOTES.

a number of Lascar engine-room hands, another go at him," They had no directly passage of words with Mr. Garditur,

tvelve altogether, were sleeping for The actual extent of the loss of the warmth's sake, although they had no per- authority to show that that was the law, Mr. Gardiner asked-Is your husband and to cases had been put in directly ashamed of being a hotel proprietor which we published on Saturday, includ-discovered about IT in the morning by the Chinese steamer Tuck Fu, an account of mission to bo there. They were laying down that that was the law. Mr. Why should he be ashamed? Potter Lad argued that from the terms of the Summary Jurisdiction Act, which regulated the powers of Magistrates, and from the fact that even if the Magistrate had discharged the prisoner he could be indicted again, that that must be the case. He may be right, he may be wrong," comumented Mr. Slade, but it is an extraordinary thing that there is

The Imperial Japanese Railway Burean has placed orders for a new steamship of The direct authority on the subject.” position he desired to take up with

3,000 tons for passengers, and another of 2,000 tous for freight, for service between regard to his friends prelindnary pro- sition was that it was exceedingly

Bakan and Fusan. Both steamships will doubtful, because there was no authority

be runing by the Intter part of 1015, for or against. Counsel went on to point

The Philippine coastwise steamer do

the Philippines was 24 years; at home Mrs. Uschmann's further replies were so Warner, Barnes & Cuy ran upon a reef Carpus Act quoted by him, to extradition it was eighteen years. To abduet at 23 complicated that Mr. Gardiner remarked off Camarines last week. The latest proceedings, and in fact, the application-

years of age would be no offence under "It is no wonder the watchman could mail news is that, her hold is full of of the whole Act to extradition proceed English law, and therefore nayene so not, understand, my Lord.".. He then

water and that she is rapidly going to ings. He referred to the Canadian charged could not be extradited. The asked the hours Mr. Uschmann was empieces. The San Juan was built at ease of Hagher and the American case of decision of the Magistrate in the Sotto ployed at the godown, and was informed Scararaanga . Stamp, which had been.

case was absolutely final; if he had that it was from 9 a.c. to 12 noon, and put in by the defence to give authority decided against prisoner he would have p.m. till 5 p.m.. for the taking of the opinion of American heen extradited, and when the decision and Canadian reports and authorities,

was for prisoner, he Was not to be Mr. Slade pointed out that neither of extradited. What the High Court did Lhese cases applied to extradition, and

was to review the decision of the Magie could....not therefore be accepted as trate, and the decision which the Magis important. The question which they had trate ought to have given. Mr. Slade to decide in that case depended almost submitted that it was very unfair for entirely upon the construction to be put anyons in the Colony to have reiterated upon two points from Acts of Parliament attacks made upon him, and went on to passed long ago, after the separation of deal with the case before the Magistrate, the United States from the United who, he said, could give a final decision Kingdom; the Extradition Act of 1870 in an extradition case but not in, an and the Summary Jurisdiction Act of indictable offence. The doubt in the case 1845. Counsel for the complainant arose over the age of the girl. This had quoted from the American ease of Caines, never been proved, and the papers which which, he held, referred to the operation were handed in with regard to this were of the fabeas Corpus Act. This quota held to be unauthenticated. The Magis tion read: But the conclusive answer trate could not decide an indictable to this objection is that the proceedings offence, but if there was insufficient in this writ (of flabear Corpus), in the evidence he could nequit, and therefore, Federal Courts, are not governed by the he had jurisdiction.

Counsel for the laws and regulations of the States on the defence had argued that he had -no subject, but by the Common Law of jurisdiction... England as it stood at the adoption of Mr. Slade closed his address at 4 p.m., the Constitution, subject to such altera-it having occupied two days. He tions as Conference may

concluded by remarking that it had been prescribe." not bad the slightest evidence, text book cases or Statutes, as to what alterations the Statute Law of the United States or of Canada had made in the Habens Corpus Act. There were no Acts of Congress, or of the Canadian Legislature, affecting the labeas Corpus Act. There fore, be thought that the decisions which had been given were of absolutely no importance, because they were an entirely different systent of laws to that which was in force in that Colony. As to Hasher's case, his learned friend quoted from this, and then submitted that if will briefly reply. Magistrate thought that the evidence- before him was, insufficient and declined to interfere, or dismissed the case, that would be no bar to another Magistrate taking up the case on more convincing evidence being forthcoming. Statutes and other things bad been quoted, but they did not know what the cases were, or the circumstances and facts of the law in the countries, referred to Therefore, be contended that his Lordship could not attach aus weight to what had been put

Mr. Gardiner pressed for Fimes and pay have been increased and officers She is classed 100 AL. at Lloyds and is dates, whoreupon..

in

33

fit to

Mre, Uschmann remarked with em phasis I cannot

say all that, my memory won't go back so far. I don't remember.

You have no memory is that it

don't remember.

You say that the watchman engaged does not speak English; do you know that be speaks English as well as you, in fact little better? Now is it not a well. known fact that you run the hotel your self -No, it is not..

Then why should this watchman bring an action against someone who never engaged him? Because he wants money. Mr. Uschmann said that his wife did

under a number of steamship companies on the coast have obtained the concession of a return passage Home after five years" service, with half-pay whilst on holiday.

According 10 the

of an efficient staff. The appointmen of the saloons and cabins are tasteful and luxurious.

INTIMATIONS

FOOT ULCERATED

COULD NOT SLEEP

At Night for It. Caused Lot of Pain. Tried Cuticura Soap and Cuticura Ointment and Foot Was Cured.

79,-Wycliffe Road, Battersea, Eng=="I had a very bad ulcerated foot caused through a knock two years ago. It caused ma a lot of pain and I could not sleep at aight for it, I tried many things but they only did good for a thươn, then it heako out atreal. With my family I was con- pelled to keep about. I bad treatment anct It really was no better for 16, They sald unlessi I. Iafd up I should not be able to get on my foot any niste, At last I desired to try Cuticura Soap, and Ointment and my foot was cured." (Signed). Mrs. Gorj Aug. 20, 3012;

RED BLOTCHES ON SCALP

25, Harrow St.. Ormanston, Derby, Eng-- **My baby had rimning sores at the top of ble head. They satne in red blotches and then broke out in mattery sores until they covered the whole of the scalp. It was ilko maiter cacing out. I had no rest with hiru for about six wedes. Ite seed to cry the whole day long.

"Thon I saw the advertisment for Clot curo Suap and Cialment, so I sent for u sample

of Cutleua Soap and Ointment. I wwel them and got another cake of Cuticura

·Boap and some Cuțleura Ointment and 11. was quitohonlel" (Signed) MraTMH. Tupils, May 21, 1012.

Cuticura Seapad Cutlear, Olutmcas aro sold thronghans the world. A sample of each with 32-p, Skin Book free from nearest depot: F. Newbery & Sons, 27. Charterhouso Bq., London; Lenton, Ltd., Capo Town; Pot- ter Drug & Oliem. Corp., Boston, U. 8. A.

#Tender-faced men should shavo with Cuticura Soap Shovleg Stick. Sample froe.

094-16

LIMITED.

| fitted to carry 30 first-class passengers, 50 second-class, and 650 steerage. There is a special room for women in the

There is latest returns steerage.

an installation of published by the Mercantile Marine wireless telegraphy on board, in charge MAPPIN&WEBB, Bureau of the Japanese Department of Communications, the vessels launched during the year ending September 30th were: 141 steamship (59,722 tous) and 155 sailing vessels (20,923 tons). The steamships launched may be classified as follow, according to tonnage: -- Steamships between 20 and 100 tons Steamships between 100 and 300 tons..... 59 Steamships between 500 and 1,000 tons Steamships between 1.000 and 5,000 tons. Steamships between 5,000 and 10,000 tons.

During that case they had suggested there was a delect in the pro-not manage the hotel; she assisted him. Steamships above 10,000 tons

oredings. The word-" proceedings" was a very vague description, and he sub- mitted that the defence had been simply playing upon that word. There was no defect at all. It had also been suggested that the case before the Magistrate was

mis-trial, but that was quite erroneous. Cases also had been quoted which bore absolutely no similarity the one with which they were dealing He asked for judgment with costs

The case was then adjourned until this morning, when Counsel for the defence

IN SUMMARY JURISDICTION.

BEFORE HIS HONOUR MR. H. H. J. Gouranta (Puiske Judge).

A WATCHMAN'S WAGES.

Alla Bux, a watchman, of Kowloon, Mrs. Uschmann, Station Hotel, Kow loon. The claim was for 801, being as to $18 thereof for one month's wages, and g38, balance thereof for damages for wrongful dismissal of the plaintiff There was also a claim for costs.

Mr. P. S. Dixon (of Messrs. Wilkinson & Crist) was for the defondant, and Mr. J. H. Gardiner for plaintiff.

In his absence the hotel was managed by the shroff.

Mr. Gardiner-Are you really serious? You know that

your wife

has the reputation of being the finest person capable of managing a hotel in the Colony) I do not know

But, Mr. Uschmann, you have been in the Colony long enough to know that, and yet you say you leave the "shroff in charge! I don't know that my wife has that reputation.

1 put it to you that Mrs. Uschmann is running the hotel, and that it is under

her control-She assists niê¡ ̄ ̄ ̄ ̄ ̄

His Honour remarked that if Mr. Uschmann was lessee of the hotel, and the contract for wages was made by Mra, Uschmann, that would not necessarily make her liable. He so said that it was the law in the Colony that if a servant was ill he should find a substitute. If he did not, then his place was not kept open, Bubsequently judgment was given før the defendant, and his Honour remarked that he had no doubt but what Mr. Uschmann would pay the watchman the thirteen days' wares which were due to hin

ANOTHER DECLINE IN LANGKAT

OIL OUTPUT.

The Shanghai Press have been informed was allowed to go on the understanding by Mr. Geo. McBain, general agent of tot Mija-Bosch-en that he would get another watchman in the Maatschappij

Was

not

of November was 6,295 tons.

7

3

number 155 with a total tonnage of 20,923.

The sailing vessels of 100 tons and above

Among the chief steamships are:

Tons.

2

Among those who visited the steame were the Chilian and Peruvian Consuls General, Dr. Korn and Dr. Gillisple, (of the United States Consulate), Messrs. T. Kusumoto (N.C.K.), P. W. Sutherland (C.P.R.), J. Bentley tot Cook's Agency), and Z. Kamiya (OS.K.). The visitors were entertained to fea on the vessel, and afterwards made a tour of STERLING SILVER WARE. inspection.

SUICIDE OF A WELL-KNOWN CAPTAIN.

STRANGE STOPY, OF THE SEA.

A shocking tragedy, the circumstances Kome fare (Financial Department). 3,120 Shireyi kare (ditto)........

3.100 of which point to suicide, occurred af Shanghai, last Thursday, some distance 9,530 Aaya Mara (Tokyo Kisen Kaisha)... Sekai Mary (Maritime Association)... 9,870 from the Bubbling Well Road. police Kuturi. Yura (Nipp Yusen Kaisha) 10,520 station. About three o'clock in the after Koshima Moru (Nippon Yusen Kaisha) 10,550 af was walking in the vicinity of a bunch of rushes. in the Great Western

He notified his master, and Road Extension, when he noticed the body of a foreigner lying on the

ground was at once sent to the police. The body information was identified as that of Captain A, Froggart, of the China Merchants Stean Navigation Company, and in command of the steamer Treur, and he was found with a bullet wound through the head,

Captain Froggart, who was about thirty-five years of age, had been with the Chine Merchants for a number of years, and was most popular among a of the rent in Shanghai about three days large circle of friends. Upou the arrival ago, the X.-C. Daily You's says. Captain Froggart reported an affair that had

vicinity of the mouth of the Laoho, occurred on the voyage, when he encoun tered a disabled Japanese steamer in the According to his statement, the vessel had been abandoned, and was practically waterlogged. In view of this, Captain Froggart had a number of articles trans- ferred from the steamer to his own shin. his intention being to hand them over in Shanghai. When the vessel arrived at Amoy, however, the frame was

boarded by Japanese officials. It is stated that Captain Froggart mentioned the matter to the Customs officials, but in the mean- time telegraph messages had been des- patched to a number of ports on the Ching coast, and also to Japan, Captain Frong et pears to have thought that trouble would follow, and this seems to have unhinged his mind, resulting in the. sad tragedy on Thursday afternoon.

last week at the C.N. Co.'s Watung and There was a triple collision at Shanghai

C.M.S.N. Co.'s wharves, Pootung, three local coasting steamers being concerned. Before the vessels were clear of the tangle considerable damage had been done, all above the water line, but fortunately no one was injured. The Shanghai Mercury gives the following report of the occur renceAbout. 3.15 p.m. the C.N. str. Anhui, Captain Harris, arrived from Hongkong and proceeded to the Pootung side prior to going alongside the Watung to swing to the flood tide. The current wharf. She dropped an anchor in order

was very strong and the Anhui swung rapidly and was swept down on the star board side of the C.M. str. Puachi, Captain Taylor, which had just arrived from Wenchow and was lying at the China Merchants' wharf, and about twenty feet of the Pooch'e bulwarks near the quarter were carried away, and at the same time the Pouchi was forced from her moorings, with the result that her bows struck the stern of the CM. str. Kung ping, Captain J. B. Howie, moored alwad at the same wharf loading for Chefoo,

According to a telegram from Dairen published in the Mainichi the Shikoku As soon as tho | muru (1,404 tons), owned by aJapanese at

NEW CONSIGNMENTS

PRINCE'S

PLATE

(GUARANTEED for 30 Yrans),

OUTLERY.

From the

SOLE AGENTS:

CHS. J. GAUPP & CO.,

ALEXANDRA.

BUILDINGS.

CHATER ROAD

CALDBECK,

MACGREGOR&C.

(ESTABLISHED 1264).

SPIRIT MERCHANTS IN THE

EAST.

CHAMPAGNES,

as they did not apply to extradition proceedings In Stalman's case, which Counsel held applied to that action, Lord Alverstone remarked that there was no evidence with regard to the particular Mr. Gardiner explained that plaintiff churge, and the charge would therefore was, engaged as watchuan in June. On le dismissed, Lord Alverstone added: 12th November he told defendant that he "Undoubtedly in this case it is not a sufering from a bad foot and he intended ander the Statute that there asked for leave to go to the hospital. He shall be a second attempt to charge the un with the offence." It was obvious frein that statement that the Statuts did his stead. Plaintiff did so, but after the Landbouwexploitatie in Langkat, that and several plates were dented in. Some he has received telegraphic information, of the bulwarks of the Anhui were also apply; it could not have been much plainor. substitute had done duty for two days, dated 1st instant, from the Sumatra carried away above the quarter similar to His learned friend's argunient which he was sent away by Mrs. Uschman, director and manager to the effect that the Pocchi' damage. was advanced, and which was elaborated who engaged another man. When plain-

came out of hospital on tiff

the output of erude oil during the month duhu hove up her anchor she went along Osaka, encountered a sudden storm about THE OLDEST FIRM OF WINE AND 19th by Mr. Potter, was that a Magistrate

side her wharf, after which an investiga 45 miles from the mouth of the Liachu, and was disabled. On the following November, he called on Mrs. Uschmann, dealing with an indictable offence only but she told him that he

The output during the previous six tion was made of the damage done, and morning a Chinese steamer which passed held the preliminary inquiry. Mr. required. He asked for the money which

months was as follows:-May 10,555 tuna, repairs will be effected as soon as possible, close by took no notice of their appeals for aid. The Chief Officer and Chief June 8,715 tons, July 7,040 tons. August Potter's argument could be fairly sum was due to him and defendant told him 6088 tons, September 8,312 tons, and

Twelve Lascar stokers of the British Engineer proceeded after the Chinese marised in this way-x Magistrate

steamer in a boat and asked for heln, but to call on the following day, Plaintiff dealing with an indiotable offence only did so, and Mrs. Cschmann then told October 7,015 tons. The output for last India str. Dilara were overcome during the Chinese refused to do anything, saying held the preliminary inquiry, and that if plaintiff to clear out, and that she would month is therefore 717 tons less than that the fumigation of the ship at Kobe, that their vessel was a regular liner and maru hove in sight, and took the crew he discharged the prisoner for want of

not pay him. A written application had for October, and is almost on a par with No one, says the Japan Chronicle, is to could not be delayed. Later the Yawata-

· "sufficient evidence, that prisoner was also been made for the money with no

the lowest output recorded. 2., 6,988 tons be held to blame for the accident but the aboard, transhipping them about four in August.

unfortunate men themselves, who were hours afterwarde to the warship Akitse- liable to be brought up again by the result,

The warship proceeded to the sleeping in a part of the engine-racm where alina. prosecution and the proceedings re

they had no right to be. The work of spot where the Shikoku-mart had been abandoned, and saw Chinese vessel opened. Ho further argued that the

disinfection was commenced at nino apparently just steaming away from the The outbreak jurisdiction of a Magistrate in extradi

o'clock in the morning, the process being derelict, which was afire.

extinguished by the Japanese sailors, tion proceedings was not the same as a

one which lasts for the great part of and it was discovered on investigation with Magistrate dealing

indictable offences; if he discharged an extradition

the day. A specially-constricted lighter that the more valuable of the ship's stores is towed alongside frour which the gas is and cargo had been stolen. The derelict prisoner on the ground of insufficient

pumped into the holds of the vessel. All was towed to Dairen, where the affair was reported. The Civil Administration evidence, that was no har to subsequent

the holds are battened down for the opera Office, wired to the Japanese

Consuls proceedings to obtain extradition for the

tion, while at each vent is placed a rat Hongkong and Amty, in which direction same offence. That was the substanes of

trap, into which hundreds of these vermini the Chinese steamer had

proceed, telling them to keep a look-out the arguments which had been put for

for it. On the 25th instant a telegram ward. Ho (Mr. Slade) would proved to

rush to escape the fuzues. The gas is very powerful one, and is of a partica, was received from Mr. Kikuchi, Japanese show that such contentions were unfound-

Mrs. Cschmann denied having engaged

larly insidious nature, for it has Consulat Amoy, stating that the Ajin,(1) A thief broke open a show-case con- ed. With regard to the alleged power of the watchman, and also that thero taining water smoking pipes at No. 279, frequently overcome before they are even the loot from the Shikoku murit piled up are belonging to the China Merchants Sicama- practically "smell,ard" men

TO

ship Company, had entered the port with Magistrate dealing with an indictable had been an agreement to the effect that Des Yeux Road Central, and went away conscious of being in danger. Some of like a mountain on her decks. It is likely offence Counsel said :-"You may charge two months' notice should be given on a man with murder, let him go one day, either side. All engaging was done by with as many as he would conveniently the gas pumped into the holds of the that some diplomatic trouble may occur.

carry. The missing property is valued Dinaru must have penetrated into the have a second shot at him the next day her husband,

at $100,

engine-room, right at the button, where

Examined on his evidenco by Mr. Dixon, plaintiff said that the man whoni le secured as a substitute could speak a little English.

Mr. Dixon--Do you know that he was

absolutely useless and ran away after working for two days --He came to the hospital and said that the fady had sent him away.

Mr. Dixon submitted that the engaging of servants was done by Mr. Uschmann, been brought against him and any case of that nature should have

SMALL THEFTS.

Property to the value of about $40, including a watch and chain, was stolen, from No. 50, Lascar Row.

A Chinese widow has suffered the loss of her bangles, which were stolen from her house in Des Voeux Road West. The woman suspects a friend who visited her with a view to marriage.

24

wa

between Japan and Chins, the Japanese authorities having lodged * strong protest

SHERRIES,

MADEIRAS:

MARSALAS.

PORTS,

CLARETS,

BURGUNDIES,

HOOKS.

MOSELLES,

WHITE WINES.

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