1914-04-03 — Page 3

Page

SUPREME COURT.

Thursday, 2nd April

IN SOMMARY JURISDICTION.

Bayona Mn. H. E. J. GOMPERTZ

(PUISNE JUDGE)

THE TREATMENT AND LOS8 OF AN BYE.

Ho Lok Kain, medical practitioner of 49 Queen's Road Central, Leung Sam, widow, and Au Sz Cham, medical practitioner, of D'Aguilar Street. The claim was for $700, alleged to have been obtained from plaintiff by the defendants, or either of them, by fraud and misre presentation.

Mr. W. B. Hind (Mr G K Hall Brutton) appeared for the plaintiff and Mr. Render Harris (Mosars. Wilkinson

& Grist) was, for the defendanta...

Mr. Harris held that his question waả #mrecensary One owing stances, but he did not wish

If necessary, however, he would recall DrAllen

THE HONGKONG DAILY PRESS. FRIDAY APRIL 3rd, 1914.

Dr. Struthers deposed that he treated the WOMAN

the Nether sole Hospital last) year when she had discharge from the right eye, which was also ulcerated At the end of three days treatment she went away. He had never said that Dr. Ho's treatment had caused the loss of the woman's eye.

CANTON NOTES.

(FROM OUR OWN CORRESPONDENT TE

HAMBURG LETTER.

GERMAN DANK REPORTS.

('OPECIALLY WRITTEN FOR THE “ HONGKONG Daily Pres.'']

HAMBURG, March 11th. The various nancial institutions aro beginning to publish their annual reports

CANTON, April 1st. KEMITTANCE FROM FETING. It is reported that the authorities have a received telegraphio advice from the Board of Finance that a remittance of $200,000 has been forwarded to Canton through the Communications Bank of for the past year, which; with few excep Shanghai, and that Mr. U Ching Taing, tions, show very satisfactory results, the Head of the Treasury, has been sent to regular discount and account everent Hongkong to draw the monoy, the Com-business at the high rate of interest ruling throughout the greater part of the twelve Dr Ho Lok Kam, in the course of hissioner of Finance having failed to months making up for any falling off la

cash the remittance in Canton owing the profits in other departments. the local branch of the Bank not having had advice from Hongkung....

ADOLITION OF DISTRICL LAW.COURTS.

evidence, sand he gave instructions to the woman to use the eye-wash in warm water He informed her of the seriousness of the trouble and advised frequent application. The Woman then went away and he did It is stated that Civil Administrator not see her again. On 8th September hei with a view to reducing as much of Mr. Hind, in opening, said that on the saw Dr. Au's ricsba outside the woman's the heavy deficiency in the Estimates 17th August last year the widow defen-house and a few days later he had the as possible, contemplates abolishing al dant went to the house of the plaintiff letter and claim for 36,000 from Messrs. District Law Courts. It is proposed that and asked for treatment of the right eye, Wilkinson & Grist. As a result of what all legal matters shall be attended to by which was very much inflamed, and he had soon he asked Dr. Au to see the the district magistrates as formerly. It appeared to have been in that state for

woman shout the matter Dr. Au did so is calculated that this change will save several hours. The inflammation WAK.

At this point Mr. Harris raised on the province an annual sum of over vory acute, and plaintiff, after examina- tion, gave defendant an eye wash, sad objection to the question as to what was $300,000.

mid, remarking that it was a question of In this connection, it is also reported 890 a. prescription. The prescription

The Reichsbank begius, by stating that, owing to the briskness of trade noticed in their last report continuing during the

some of which is driven by electricity, Gormany ranks first in productiveness, the yield per hectare in 1919 having been in hundreds of Kilograms

Wheat-2.8 against 6.9 in European Russia; 15 in Austria; 127 in Hungary 13.8 in France; 10,7 in the United States and 13.7 in Canada

Rye 18.5 ngainst 9 in European Resia 146 in Austria; 1te in Hungary 111 in France; 10.0 in the United States and 19 in Canada. Burley 21.0 against 87 in Russia, 10 in Austria; 13.8 in Hungary 14.5 the United States

in France da

and 18.7 in

Oatr. 19.4 against 8.5 in Russia; 13 in Austria, 104 in Hungary, 12.9 in France 13.4 in the United States and 15 in Canada. Potalats.150.3 against 81.7 in Russia,

1002 in Austria; 84.4 in Hungary 06.1 in France; 70,2 in the United States end 113.8 in Canada. The production of iron last year

INTIMATIONS

PUBLIC

OPINION

first six months of the present year and the unsettled state of politics at the time, amounted to 103 million tons against 31.5 PUTS JOHN HAIG'S WHISKIES there was no relaxation of the tension in the United States, 10.6 in Great in the money market until well into the Britain and 6.1 in France, whilst the out AT THE TOP. RECOGNIZED BVERY- second half of it, causing unusually heavy put of coal rose to 191.5 million tons calls to be made on the resources of the against 176.2 in the preceding twelve WHERE AS THE HIGHEST QUALITIES bank

It was not until the month of months and that of lignite from 82 million July that activity in trade in general tons to 67 millions,

OF WHISKIES IT IS POSSIBLE TO began to tail off and operations on the Deposits in the cavings banks have various stock exchanges to become more increased by nearly a milliard marks, the restricted, this lessening the demand for total now amounting to about twenty

funds

·BUT.

SOLE AGENTS:

was for obtaining another bottle of the agency This subsequently led to his that the Government intends either money which, together with the release milliards. 800 million marks are annually OBTAINABLE EVERYWHERE eye-wash when the first was exhaust remarking that he did not think one to discontinue paying for the tuition of of large amounts of capital that for fear paid by the public as premiuma on life Plaintiff told the women that the wash solicitor in a thousand would have acted Government scholars who have been sent of political complications had been with-insurance policies, whilst the contribu should be mixed with warin water so ag in the way Mr. Find did. He wrote to abroad to be educated or reducing the drawn from circulation- and hoardedtions to the various State in su to bring the eye-wash to the temperature Dr. An asking him to make a statement number of such scholarships of the eye at the time it was used. The Dr. Au repied that he had made a state- and that was the last ment to the other side. Mr. Hind there- woman went away, plaintiff saw of her for some considerat upon deliberately wrote to the doctor: and Kowloon Railway was robbed by a Eg discount from 8 per cent. to and

time, until in fact he received a letter from Mesars Wilkinson & Grist, This letter alleged that when defendant used

asked him to send to him (Mr. Hind) a copy of the statement which he had given to the defendants solicitor. It is most disgraceful case of trying to get hold of the evidence of the other side added Mr. Harris. "If it was referred to the Law Society he would be struck off the rolls, I should think."

Mr. Hind-You can refer it to them if you like.

RAILWAY STATION ROBHED.

The Wenglike station on the Cuaton

of robbers in the 20th ultimo, Money amounting to $114.00 and sundry personal effects, besides cash belonging to the had always been under the guard of a station-master, are missing. The station number of soldiers, but it happened that they were all absent from the station on business" when the robbery, was per-

petrated.

TAT BHA TAU

relieved the strain. Money becoming more plentiful and the position of the bank stendily unproving the directors on October 27th reduced the official rate of subsequently to 5 per cent. The policy of the bank had been all along to increase her gold reserves, and that it hus been is due, not only to the return of the able to carry this out with signa: success hoarded capital into circulation and to the increased issue of banknotes of small amounts, but in a very great measure, too,

exceed a milliard marks a year.

The net earnings of the Deutsche Bank H. including MI 3,019,749,60 brought forward from 1912, but after deducting in round amount to M. 35,746,406,93, the total barn. numbers 43 millions for depreciation, etc., over being 129 milliard marks against 132 declare a dividend of 12 per cent to in the previous year. It is proposed to

distribute 3 millions in gratuities to the

RUTTONJEE

& SON,

14, Queen's ROAD ÜENTIAL,

126

the branch offices, to place M. 2.600,000 to CHS. J. GAUPP

the eye-wash supplied by plaintiff, her oye became very much more infiamed, that she had subsequently lost the use of it mitogether, and that the woman had been examined by other doctors who said

to the favourable development of the that the plaintiff's eyewash was the

trade balance of the country and the direct cause of the inflammation and the

A Mr. Yeung Shân Nam, representing heavy influx of gold resulting therefrom aubsequent loss of sight. The letter added that as compensation for the negligence Dr. Ho added that Dr. Au told him the Chinese Chamber of Commerce, at On April 23rd the gold reserves, which and loss of sight they claimed $5,000, that he had seal the woman, and that he Perak, telegraphed to the Tutuh a few had for some time fallen below that figure, which was to be paid into the office at was informed that the woman had been days ago enquiring whether there was any once more reached a milliard marks and share capital. It is intended WATCHMAKERS

certain date in order to avoid any prerammed by Drs. Harston, Allen, and truth in the statement made by the Press continued to increase until on November shares in order to provide the funds

Struthers, that Dr. Harson would be the that Tan Sha Tan had been sold to some 22nd they stood at 1,225 millions: on

ceedings, When this letter was received

Dr. Au oame

Mr. Harris I should not take tho trouble to do so.

200 for hor

A NEAT SMUGGLING DODGE

CHÍNESE (DOK HEAVILY FINED,

millions, or 30 millions more then at

the

turn-over of the bank during the twelve

numerous employees and 878,484 to the members of the councils in Berlin and

reserve fund B and to carry forward M4,26,312.3 to new three reserve funds now amount to 115

18.3 to new acc

account. The

million marks, or 571 per cent of the

however, to issue M, 50,000,000 of new

necessary for the taking over of the

& CO.,

AND

JEWELLERS.

end of the previous year. The total and its branch offices which has just been

arranged Bank on one side of the ledger amounts

The total turn-over of the Dresdner SURVEYING

months was close apon 122,810 million

marke, 8,347 millions more than in 1912; the gross earnings amounted to

INSTRUMENTS

to 02,370) million marks against 97,0533 | THEODOLITES AND LEVELS.

plaintiff remembered that he had seen chief witness against him, and also that foreigners. The reply, of course, was in December 31st they amounted to 1.17 Bergisch Märkische Bank in Elberfeld Dr. Au's ricsha outside the woman's his prescription alone would condemn the negative. house a few days previously. He there him. He also said that the woman now

communicated with Dr. Au, upon

claimed $1,000; $200 for her solicitor, who finally admitted he had been attend-

$100 for something else and the remainder ing te woman and knew something about the matter. Plaintiff then asked Dr. Au for herself. Upon this witness consented to give the woman $700, asking Dr. Au

M. 83,452,680, and the nett profits in 1912, whilst the number of open to not as an intermediary in the settle

to pay her the money on his behalf. This

At the Magistracy yesterday Revenue

M. 30,613,079, permitting the distribution accounts has risen from 179,599 to 200,196 ment of the claim by the solicitors.

and that of employees from 4,546 to 4,630. to shareholders of a dividend of 143 per Various negotiations went on and follow. was done and he was subsequently handed Officer Wilden prosecuted two Chinese for

receipt for the money. Then he heard being in unlawful possession of 20 tuels cent, whilst M. 31,020,655 † M. 3,674,318--- the

gross earnings, including 278,500 ing a visit to the woman

marks brought forward from last year, to the plaintiff and gait that the women-certain thing, as requit of which he of opium, The first defendant was $(tax on banknotes issued) have been paid cook on the Dagi Muru, and the other over to the imperial exchequer against

were M. 43,447,490 against M. 41,297,978, was a passenger. - They were arrested M 20,413,137 last year, and M. 4,431,567 but as the working expenses have been whilst coming ashore after the ship had allocated to the reserve fund, which now considerably higher, the net proâts are

about a million more, Bay come down from Swatow, the opium being stands at M. 74,479,254. The highest only cleverly concealed in the middle of a amount of notes in circulation was

M. 96,278,763 against M. 30,115,820. After against the passenger was withdrawn lowest M. 1,711,700,000 on February 22nd. etc., for contributions to the various The ↑ charge | M. 2,593,448,000 on December 31st and the making due provision for depreciation, and the first defendant was fined $1,800 The average rate of discount for the year by Mr. J. R. Wood."

was 5.885 per cent, against 4.946 per cent. in 1912,

told him she had been examined by Drs. Harston, Allen, and Struthers, who said that the loss of the eye was caused by plaintiff's treatment. Relying on that representation plaintiff offered and sub sequently paid the woman $700.

brought that action. **

Cross-examined by Mr. Harris plaintiff said he fully believed what was said about the three European doctors, and was of the opinion that they were against

couple of soft pillows After him. The $700 was not given to the this had been done he found out that woman in order to get hold of the eye neither of the three doctors, mentioned wash bottle and the prescription. had made any of the statements used by admitted that carbolic acid, of which the Dr An Thas Dr. Ho was now suing, wash was composed, should be diluted with for the return of the $700 which was paid water. He told the woman to do this, under a misrepresentation. The loss of but admitted it did not appear on the the use of the eye, in fact, was not caused prescription. It might have appeared on by plaintiff at all.

the bottle; it should have done, but he was not quite sure.

Dr. Allen spoke to being called in to examine the woman'a eye at her house at

West Point. She was suffering from acate inflammation of the right eye, and a moteriological examinatio revealed gonorrhea. that it was due to When: he saw her the woman appeared to have been suffering for three or four days. He understood Dr. Au to that the woman had been attended by Chinese doctor. When he next saw

He

You know that carbolic acid eye-wash

should consist of one part acid and the other part water equal parts told her that in order to avoid any pain she

was to dilute the wash with water.

HONGKONG GYMKHANA CLUB.

~ The entries for the first Gymkhana meeting of the season, which takes place next Saturday, are as follows:

BT

WF. STANLEY & CO., LTD.,

ER. WATTS & SON.

LONDON

CARL ZEISS. JENA.

Representatives

pension and reserve funds and for pay- MAPPIN & WEBB.

ment of the armament tax, it is proposed to distribute a dividend of 8 per vent. The reports of the three leading banks and to allot 21 millions as gratuities to the Deutsche Bank, the Dresdner Bank the employees and M. 3,331,147 to the and the Disconto Gesellschaft-offer directors, managers and local committees nothing very remarkable; they repeat the according to the articles of association, Reichsbank's account of the scarcity of carrying forward the balance of HALF-MILE RACE FOR NON-WINNING money during the greater part of the M. 208,893.35 to new account.

The Suzanne (Sling), Fluke, Brympton, of the tension when, owing to the cbb- or 30 per cent of the total share capital Suna Dunia, Cilgwyn, Pitcorthie,year and ita causes and of the relaxation reserves now amount to 81 million marka Somerset,

Springwood (Malgwyn), Arravand, Brown Boy

tide setting in in trade the demand for of 200 million marks. The only passage GYMKHANA STAKER. -Sir Galahad, Snow money slackened and the amounts hoarded in the general remarks of the report that drop Red Cloud, Reliance (Polkalini), during the Balkan troubles were restored; calls for Nigerian Chief, Aldwych, Monarch

The first offer you made was 85001 Dumfries, Soi Kwai, Roman Chiefrculation. They praise the foresight special mention is one deprecat-

Yes.

And that was before you heard from Daalia, Fickle Bird, Mallard, Joes of the Reichsbank in delaying the redne Mighty, Wincanton, Matchlock (Match-tion of the rate of discount until the month the solicitor-I cannot say

Mr. Harris then contended that the less Dah'ia), Flying Kangaroo, Brown of October, and kopo it will continue the

BoyAM

ing any interference with the investing.

of capital abroad a country with so extensive an export trade to all parts of the world as Germany having every

LTD..

LONDON

ALEXANDRA BUILDINGS,

CHATER ROAD

CALDBECK,

the woman the sight of the eye had gone. plaintiff's case could not stand because of TEST PEGGING. Mr. Master and Mama wise policy and not hasten unduly reason to afford financial assistance toMACGREGORAZ 66.

Was the subscription to be got up in order to provent any action being taken aguinst Dr. HoThat I cannot tell,

You were asked to join in-No, not

development, The and Mr. Rawlinson; Lisuta Meilliwie

to see the woman because he did not wish

to become mixed up in the affair. And the other agent might easily have been Jaformed in the way which was stated. If it came to a question of misrepresenta tion then misrepresentations were made to Dr. Au, who was deceived. The plain tiff's case had become hopelessly involved.

^^ -

e

earn-

(ESTABLISHED: 986),

such States a require it for their economic

The Disconto Gesellschaft in Berlin reports an increase in its turn-over of 5 million marks the gross inga amount to M. 40,483,000 against 1: 39,760,000 last year, and the net profits to M. 25,727,000 against M. 25,719,000, 80 that a dividend of 10 per cent, equal to that of last year will be declared In consequence of the erection of new office premises and alterations of old ones in BLENDERS IN THE EAST. different places a million marks has been placed to the credit of office buildings

tive capacity. The record food crops of account, bat no addition has been made.

THE OLDEST FIRE OF WHISKY

to the reserves, which amount to 1 million V.O.S.

Replying to Mr. Hind witness remarked the inconsistency of the pleadings with Hickman Mr. Blason and Mr David the improvement in trade of which there that he had never said that Dr. Ho's what had transpired that day. Mr. Batson and Mr. Bisden, Capt. Edye are signs, nor atimulate reckless specula- tion on the stock exchanges by a further treatment was the cause of the loss of the pleadings were of fraud and false repre- and Lieut. Pope; Mr. Elwes and Mr premature reduction The building trade,

sentation. I sight of the eyes

Dr. Au was the hired agent Clarke; Mr Sedgwick and Mr. H. C, Cross-examined by Mr. Harris, Dr. of Dr. Ho, and he in turn sent someone Gray; Capt. Hattersley-Smith and Dr. which suffered most from the stringency of the money markets, is stated to be Hastings: Allen said there was a suggestion about

ONE MILE RACE FOR SUBS. ANY SEASON showing symptoms of a revival, since the subscription being made for the woman,

Pitoorthie, Pegasus, Arravand, Vadcem but the suggestion did not coms from

(Mad Eve), Tango, Cilgwyn, Aldwych, cary funds are more easily obtain able, which may be regarded as a favour Brown Boy Monarch Dablia, Brympton, Cheriton, Goods Hop, The Cat, Rosario, able factor, as it affords employment to JUMP RACE~Robin Hood, Flying a great number of hands in its various Kangaroo, Wincanton, Dunin, Arrarand, branches, thus increasing their constinip Blush.

ONE AND A-QUARTER MILS HANDICAP. Person, the calue of which is roughly estimated at 11 milliard marks, and the enormous exces of exports over imports, resulting in heavy remittances of gold to this country, which exceeded the exports of the precious metal by 410 million marks, helped to tide over the period of to mhscribe, that Leung Sam might wit quently she accepted the $700.• He •

scarcity and promise well for the future her action if she brought it! I cannot belleted wast he was told about the ALICE MEMORIAL HOSPITAL The Dentsche Bank points out with

European doctors

legitimate pride that Germany has main The Hou Treasurer of the Alice Have you seen the prescription No. His Lordship gave judgment for the Memorial and Affiliated Hospitals begs to tained her position as second only but I have seen the eve wash. -->

defendante with costs and remarkscknowledge with thanks the following Great Britain in her foreign trade, the FRAUDS IN A HAMBURG SHIPPING Was it medicine that you would use)

ed that thera was not sufficient donations to the funds of the Hospitals: sum total of her exports and imports

exactly

Witness explained that he expressed his willingness to subscribe if any money was necessary.

It was obvious that Dr. Ho was afraid of drop, Red Cloud, Reliance (Polkalini), proceedings in that Court and ho paid the $700 to settle it.

Dr. Au Sa Cham gave evidence support

Roman Chiel, Nigerian Chief, Aldwych Monarch Dahlia, Joss Mighty, Matchlock (Matchless Dahlia), Mascotte (Victoria Aster, Dumfries, Fickle Bird, Spring

Kwai, Brown Boy, Mallard.”

Mr Harrie then asked Then you ing his solicitor's statement. Several word (Mulgwyn), Vadeem (Madeve), Soi thought it possible, as you were willing | offers were made to the woman and subse.

say

Mr. Hind objected to this question, evidence to show that Dr. Au Sz ying that the issue was merely one of Cham bad acted in this matter as the agent representation and not what eye wash of the defendant. All imputatione id or should not have been need. If as to the skill and carefulness of Dr. Ho ordship was against him on that had been dropped by the defendant and ✅ be would have to ask for an Dr. Ho's reputation wes to the Journment in order to get further knowledge of himself (the Puisne Judge), that of a careful and skilful practitioner.

vidence

850

E. E A&C. Telegraph Co.

50

Wong Po Chun

10

10

10

10

5

Fo Fook A

Cheung Kat Sing ...

Colbourne Littler

8. B. Chinchen-

Komor & Komor

Dr. G. H. Thomas Hon, Mr. Wei Yuk, Q.M.G.

capital. An increase of the latter of 25 marks or 40% per, cent of the share millions has been decided upon, part of the proceeds of the new issue of shares to be used for taking up at par tera million marks of new shares of the Nord- deutsche Bank in Hamburg, which owing to the steady expansion of stands in need of additional capital. The bank is practically part and parcel of the Disconto Gesellschaft, as the latter holds all the shares in it

COMPANY

WHISKY

AND

CALDBECK'S

LIQUEUR

WHISKY

ABE TWO OF THE BEST KNOWN

BRANDS OF "No. 1 WHISKY amounting to nearly 31 milliard marks

BERLIN, March 10th against rather over 24 milliards of Great The Berliner Tageblatt learns from Britain, whilst that of the United States Hamburg that the trial is impending of CONSUMED IN THE EAST. remains somewhat below 18 milliards and more than 300 employees of the Hamburg South American Shipping Company, who that of France barely reaches 12 are charged with embezzlement, The milliards. Owing to the intensive frauds are said to amount to a total guni. cultivation of the soil on scientific prin of £400,000, and to cover a period of 13 years. A preliminary investigation which ciples and the use of improved machinery, has lasted six months is nearly finished,,

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