1914-10-27 — Page 2

A. S.

ATIMATIONS

WATSON & CO., LTD.,

BRANDY.

Per Casa Per of 1 doz. Bot

THE HONGKONG DAILY PRESS, TUESDAY, OCTOBER 27mm, 1914.

Mr. H. Percy Smith returned from Home yesterday by the Miyazaki Maru.

To-day is the Chinese Festival of Chung Teung, when crowds wend their way to the summit of the Peak.

The Hon. Treasurer of the Alice

2 donation Memorial and Afiliated Hospitals begs to acknowledge with thanks of $100 to the funds of the hospitals from St. Stephen's College,

RANDOM REFLECTIONS.

If a local lady suddenly decided, in common with a Folkestone contemporary, to award white feathers to slackers at a

SUPREME COURT.

IN SUMMARY JURISDICTION. Monday, October 26th.

HAZELAND.

HONGKONO TRAMWAY COMPANY, BURD,

**

Would you have been arrested--I am not admitting that you were--if you had given your name and address --I don't think so.

་་

Why didn't you give your name and address -Because I had complied with the bye-laws of the Company and I don't should know my name and address. I said I would give it at the police station, if

necessary.

thep

You think that was a reasonable atti- tude -Yes.

You will agree the inspector was trying I knew of. What do you suggest the inspector toothy be a grudge against should do if a man did not give up his ticket -I don't know. I susppose you would make enquiries of some sort.

Mr. N..J. Stubb, Chief Manager of the time when the slogan is "Your King and BEFORE THE PUISSE JUDGE, Mr. F. A think there is any reason why Hongkong and Shanghai Bank, returned country needs you," her employment fairly be said for the young men of Hong- from Home yesterday by the P & Owould not Ise a wearisomeone. It can

J. S. Chalmers, Surveyor in the Public the Hongkong. kong, and also those of more venerable steamer Nankin.

years who are still quite active-barring Works Department too much hill climbing-that they have Tramway Co., Ltd. The claim was for come forward in a remarkable manner in $1,000 for alleged wrongful imprisonment. Mr. F. C. Jenkin (instructed by Mr. P. this moment of danger. Therefore, secing W. Goldring) appeared for the plaintiff, that the while feather for slackers would and Mr. Iidon Potter (instracted by Mr. not be a success, it is low up to one of the W. E. L. Shenton, of Messrs. Deacon, milder sex to be original and award red Looker, Deacon and Harslou) defended.

The case for the plaintiff, as set out in roses to those who havo come forward without any pushing and explaining. the documents, was that on May 29th the Such an award would be chorished by the plaintiff, for reward to the defendants, recipients for many years to come; they travelled as a passenger on one of their -the roses would be squeezed in a heavy trams from Causeway Bay to the General book, and provide a comforting thought Post Office. While he was travelling, it is when this momentous war is being disalleged that the defendants, by their ser cussed as so much exciting history.

The weekly return of communicable disease shows that there was one case of enteric fever and one case of small-pox (Imported) reported during the week Both cases were ending 24th October, Chinese

-- of which it is French nation" unnecessary for us to say there is not the remotest evidence, but on the contrary the clearest proof that the spirit of the French is not merely undaunted but daily by confidence strengthened

We have also, in ultimate victory.

highly from the

of the same peri gifted writer of fiction, a representa

the

the Britial dite of tion of troops "being chased like sheep by the WINE & SPIRIT MERCHANTS. German heroes," of "German submarines dashing gallantly round the coast," and of England's pedestal, the Bank, begin ning to reel, and bankruptcy after bankruptcy devastating the business world." What a different story would by told by men whose sources of informa tion are not so strictly controlled and directed by the German censors! But the 82.65 German authorities discreetly cooont from the people the unvarnished truth; to publish they forbid newspapers the full casualty lists, and likewise forbid The publication of soldiers and sailors hit difficult to imagine that testers. the Gerisan people can believe all 1.60 the fairy tales told to them about the victorious progress of the German Army

At the Magistracy yesterday a coolie when they must be aware that in the

was sentenced to a month's imprisominent Western theatre of the war the German Atties have been compelled to retreat and four hours' stocks for the larceny of alust from the very gates of Paris back four pieces of metal from the premises to the Belgian frontier, and that their the Kowloon Wharf and Godown plans have been Similarly frustrated Company. Mr. H. Summers, of the com- in the Eastern theatre of the war... As plainant Company, said that over a ton of this metal had disappeared from the to where the responsibility rests for godown during the last month. one of the greatest calamities in history,

The race book for the forthcoming there can be no doubt in the mind of!

who rends the anyune

published Autumn Meeting at Shanghai shows that diplomatic correspondence. It was made there are 45 stables and 111 ponies entered

A. SUPERIOR PALH, Rod

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Messrs. Kelly & Walsh, Ltd., send us a set of their nowSuper Glosso Post Cards of Hongkong and Native Life, which are excellent productions by the well-known firm of Raphael Tuck & Bons, Limited.

La

What do you think he should do? I don't know.

Further cross-examined, plaintiff said that before the Sikh policeman appeared on the scene the ticket inspector had asked He did not know him to leave the car. what the inspector said to the second Sikh policeman, but when he left the car ho Company's office. (plaintiff) asked to be allowed to go to the ticket inspector toll the Sikh policxman

Then he heard the

Ho could not to take him in charge. remember exactly the words used by the inspector, but he indicated that he (plaintiff) was to be taken in charge.

Pressed on this point, plaintiff said that the inspector wanted him taken to the police station, where a charge could be preferred against him, the reason given being that he had not paid his fave wheri he was asked for it.

Mr. Potter-I suggest that is was merely because you refused to give your nave and address that you were taken to the polico station, and also because you refused to pay your fare-That is not so. The Sikl policeman said, “This belong Government to that effect. pidgin, you must come with me," or words

vant, gave the plaintiff into custody of a police officer on a false charge, then made Quite a lot has been written regarding by the servant, of refusing to pay his fare, the activity and utility of the Boy Scouts through being unable to show the defend- at Home, thousands of whom are being ants' servant the ticket which he had employed by the War Office dobought for his journey, and caused the numerous odd duties. But we have the plaintiff to be wrongfully imprisoned in same thing on a smaller scale taking place the public streets and in the Central Defendants, in their reply, stated that in Hongkong. I understand that the Police Station for one hour. Scouts, whose offers of assistance were at first treated in the sympathetic manner the plaintiff avoided and refused payraent due to the mitbursts of seemingly of the fare legally demandable, and that precocious lads, have proved an invaluable the plaintiff refused to state his name aid to those engaged in the less strenuous and residence, which were unknown to the As defendants inspector, when requested by and dangerous channels of war. message carriers they are unequalled the said ispector so to do, and that the strikingly clear in the last dispatch from for this niceting, as compared with 69 and in many other ways they have plaintiff did not either deliver up the something which, up to the present, he hadİ

These acts, the stables and 146 ponies at the Autumn also done things which have commanded ticket or pay the said fare when required teeting of 1913, As individual ponies are respect both for themselves and their by the inspector to do so.

There are those who, in their defendants claimed, were contrary to the not entered for so many races, the actual Corps.

The defendants mumber of entires, the N.-C. Daily News ignorance, scoff at the Boy Scout more Tramways Ordinance 1902 and the byc- says, is only about sixty per cent of the ment as a meaningless loyal sentiment, but laws made thereunder.

as they form part of that national burden further claimed that it was lawful for their servants to give a passenger into number at the last Autumn meeting.

which even now stands at street corners the enstody of a police officer, in accord and blinks indolently at so much animdance with the said Ordinance and bye tion;their opinions are equal in importanco laws. No servant of the defendants had to themselves; and that is a very minute authority from them to give a passenger quantity.. Any properly constituted into custody excupt in accordance with the defendants denied, any servant of theirs person must admire these vigorous and Ordinance and bye-laws and if, which the well-mado lads who, with the training they exceeded the scope of such authority, the are now receiving, cannot fail to develop defendants were not liable therefor. The of theirs preferred a false charge against the plaintiff or caused him to be wrong- into citizens of the kind which mako a defendants also denied that any servants country.

fully imprisoned.

the British Ambassador, at flerlin in which Sir EdwaRD GOSCHEN 'corded his 2.65 final and dramatic interviews with the Ger- man Chancellor and the German Foreign Minister. It is made equally clear in 2.9 the final despatch of the British Minister at Vienna, which we publish in full

6.65

... 157.00 -13.15

The Committee of the Inslitation of

to-day. How much value is to be placed Engineers & Shipbuilders have decided on Germany's assertion that she strove to to hold a meeting in this Reading Room maintain the peace of Europe may be (Eng. Commander Roomie, R.N., Presi These Brandies bottled by ourselves are guaranteed Graps Spirit and of Pot Still judged from the fact that she was sedent, in the chair) to-morrow at 5.30 Distillation.

enger to act the part of a "good second p.m., for the purpose of obtaining names to Austria-Hungary that she declared of those who are willing to join a special War on Russia a whole week before her engineering section of the Hongkong A. S. WATSON & CO., principal was at war with that Empire. Volunteer Reserves for occasional work on As the Tides remarks in some comuments the electric lights for the defences of the LIMITED,

on this dispatch, "Even after Germany Colony. Everyone interested in the move- had shown her zeal for peace by being the ment, whether members of the Institution HONGKONG AND CHINA. first to draw the sword, the original or not, are cordially invited to attend.

slow to follow ber principals example." There is, in fact, no justifica- tion either for the KAISER's assertion that he had been surprised by his enemies," or for the assertinu thai “Germany was

119

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were

|

In the course of his opening, Mr. Potter said that assuming, as Mr. Jonkin con- was correct, plaintiff must also prove tended, that the law as applied to plaintiff

It was contended that the Tramway Co. had no power to arrest for not proved. breach of by law XI. That being so, if law that the Company's servants had no implied authority to effect such arrest. they had no such power, then it was clear That was clearly laid down in Poulton & The Londoy and South Western Railway Co.; express authority must be proved anyone for breach of bye-law XI. before servants could succeed in arresting Proceeding, Counsel said there were two obvious defences to that action, but before dealing with those he asked his Lordship himself whether any reasonable man in his to consider plaintiff's conduct, and to ask position would have acted in the way he did.

Plaintiff had admitted, under minded man ought to assist the Tramway Co, so far as he could in carrying out pressure, that he thought any reasonably

their obligations to the public. And tho plaintiff ought to know, at any rate minst other people did know, that one of tho difficulties the Tramway Company was

There are any longkong people, and more especially householders whose lives are shadowed by an unscrupulous com- the Wirrall constituency, which he has the sentiment expressed by Mr. Atherley Jones honour of representing in Parliament, is at the Central Criminal Court recently, Plaintiff did deliver up a ticket, it was but all over England and in the Bejinh evidently being well maintained. He has į been taking a very active part in the

Mr. Gershom Stewart's popularity in pradore, who will disagree with the which was issued to him by the tramway faced with was eccing that people properly

A Chinese student, who was suffering from that very common London complaint,

one A wrong

Ho

am

Mr. Jenkin outlined the plaintiff's case a described above, adding that his case was that his client produced a ticket conductor. The defendants' casc, as be

In order to assist Tramway Companies, not only there understood it was, admitting that the paid their fares.

either an old one, or

possessions, in carrying out their necessary altogether.

Mr. Chaimers, in his evidence, said that object, legislation was expressly Band- wan. At about midday he boarded a car formed identical with bye-law XI. Such simmefully fallen upon," as the phrase recruiting campaign in association with "broke," or "hard up," secured possession on May 29th he was surveying at Shauki- tinued, and in many cases a bye-law was runs in the Appeal to which reference Sir W. H. Lever, Bt., whose great soap of a letter addressed to another Oriental, at Quarry Bay, paying his fare and oba bye-law should be realised by those of Ins been made above. Germany knew well

on the car he became acquainted with tickets and throw them overboard. Me enough that it is ret the practice of the works at Port Sunlight are within Mr. and inside that letter was a cheque fortaining a ticket to Causeway Bay. While then who were prone to roll up their trust

Ho left the car at Cause condnet was all along unreasonable British Government to regard interterart's constituency. Wirrall has raised £137, which money, quite naturally it Captain Spink, who had given evidence Petter went on to say that plaintiff's

over a thousand men, and a copy of the would seem, found its way into the de bene esse, national treaties in which she has pledged Cheshire filserver, which a local resident exchequer of the Chinese student. It was way Bay, throwing his ticket away before refused to buy a ticket, he refused to give he boarded the next, ear. He then took his name and address, and his conduct. her honour as mere scraps of paper." has kindly sent us, contains a report of contended for the defence that because a car to the Post Office, sitting on the had been as unreasonable as any person's Shortly conduct could very well be; and bye-lawS Moreover, the German Chancellery must the march of this battalion to Chester,

China had a patriarchal system the top deck with Captain Spink.

after the ear started, a conductor demand would be absolutely nugatory, worthless, have been extremely ill-informed if for with Sir William Lever and Mr. Stewart

Chinese were really all members of one

ed his fare. A ticket was issued and he

and so much waste-paper if people Later a traru a single moment it counted upon the marching in front of the column... On abstention of Great Britain while the arrival there Mr. Stewart and General huge family and that the "broke" student retained it in his hand.

merely regarded the matter as a borrow inspector boarded the car near the Sul acted as they liked and said, "I am give my address, or And this diers' Club and asked plaintiff to show his not going to do this, or that; I Herman Armies ruthlessly invaded the Mackinnon addressed the men

ing by him of the £137!

ticket. Plaintiff showed his ticket, and the not going to The territory of Belgium.

German

preposterous invention of China being a inspector said it was a wrong one. Plain anything that I do not want to do."

The only claim which could be made upon Chancellor, in a communication to the

socialistic Utopia was obviously believed tiff said it was the ticket given him in ex-

tion; that was all they could be diable Danish Press asks. Does any one believe

by the Magistrate. He allowed the case change for the ten cents paid to the con. the Company was for malicious proseeu- dactor. He asked plaintiff to pay again for. That was his first line of defence. that England would have interfered to

or leave the car, and this plaintiff reHis second point was that inasmuch to stand over for re-payment of the Forts--At Canton, on 24th October, the protect Belgian freedom agains: France ?to be held in Hongkong on December 14th,

fused to do. The inspector took Captain as the Company had no authority to wife of D. FORBES, of a daughter.

The answer to that question, as a statement five prizes of one hundred dollars each,

Captain Spink said he gave by the Press Bureau points out, is that she offered by Mr. Chan Kai Ming, Sir Paul

Spink's tickets first, and he gave up two. Sir Clater, Sir Charles Eliot, Mr. Ho Fook

tickets, one of which HONGKONG OFFICE: 10A, DES VOX ROAD C. Would unquestionably have done yo LONDON OFFICE; 181, FLEET STRKET, E.C.EDWARD GREY, as recorded in the White and Mr. Lau Chu. Pak, will be award Jones' view of things might undergo a suggested that the three tickets. had got

in supposing the bad ticket belonged to inspector, though there werd cases in Paper, asked the French Government to the successful candidates who obtain change were he able to spend a day in the mixed and that the inspector was wrong of the authority they had given the The winners of the local Summary Court. The "borrowing nlaintiff. Nevertheless plaintiff searched which a Company was held liable for his pockets. The police were called, and the act of servants. The inspector, was n Sikh policeman arrived and uske l plaintiff to leave the car. Plaintiff asked acting outside the scope of his duty if why he should, and the Sikh policeman he did order an arrest, it he would

whether cuntend that

the inspector said he did not know; the inspector had ordered an arrest or not the Tramway

Then a second Sikh policeman Company could not be held liable. told him. boarded the car, which all the time was

Lal Singh, a Sikh policeman, spoke to moving. This was near the King Edward being summoned to a tramear by Ta Hotel, and ho also asked the plaintiff Chinese tramway inspecter, which led to Plaintiff again refused to his having a conversation with plaintiff, leave the car. do so. The tram inspector asked plain At the request of the inspector witness tiff for his name and address, and he asked the plaintiff if he had a ticket. plied that he would give it at the Police Plaintiff replied that he had no ticket Arriving at the at all. Witness then asked him to buy Station, if necessary. Spink, the police (at least one of them already bought a ticket, though it was

not in his possession at the time. and plaintiff left the car.

BIRTH:

[1990

The Daily Press.

HONGEONG, OCTOBER 27TH, 1914.

WHEN the time arrives for an impartial history of the War to be published, one of its most astounding revelations for the people of Germany will be in regard to the manner in which the Government and recognised leaders of public opinion have deliberately,

and hoodwinked

and

of set purpose

AS

no other Power violates it?".

UNIVERSITY OF HONGKONG. At the next matriculation examination

whether it was prepared to engage to the highest marks. respect the neutrality of Belgium so long prizes may enter any faculty but must The join the University on January 5th, 1915, French Government replied that they were and commente residence in the quarters resolved to respect it. The assurance, it assigned to them was added, had been given, several times, and had formed the subject of con- versation between President POINCARE and the KING OF THE BELGIANS. Tho statements by the Press Bureau adds :---- The German Chancellor entirely ignores the fact that England took the same line

TIFE HOTEL SHOOTING AFFAIR,

ALSBERG SENTENCED TO THREE MONTHS' IMPRISONMENT.

At the Magistracy yesterday Mr. C. D.

in which Ernest Magimus Alberg, a

the

Joan to be made, and added that no people enjoyed a higher reputation for financial integrity than the Chinese. Mr.

idea is original, to say the least.

Large dogs, small dogs and perky Poms, beware Your indiscretions in

regard to the wearing of the muzzle will in the future prove most fatal to you, and should you indulge in rakish amuse- ments and roll home at all sorts of ngearthly hours, the odds ou you reaching your native kennel will be all against you, If you are out after 10 p.m., perhaps

tional subsequent to leading your master

13 -two

was bad, and

The tram n

arrest for a breach of bye-law X1, then there was also no implied authority for the inspector to order an arrest. There- fore they could only be liable to the extent.

The

misled the German abour Belgian neutrality in 1870 that she Melbourne gave his decision in the case merely treating yourself to a constitu. Post Office, the tram inspector, Captain ticket, and plaintiff then said he had public both as regards the origin of the has taken now. In 1870 Prince BISMARCK, Swede, was charged with maliciously home betinies, hundreds of police revolvers spector then gave plaintiff in charge inspector then said he understood plain- subject, admitted and respected the Treaty wounding a British sailor named Barry in will be waiting to perform a most serions Plaintiff asked to be allowed to go to the tiff had not bought any ticket at all,

the King Edward Hotel.

war and the progress of the military when approached by England ou

Company's office to see the manager, but all How

this can operations.

i

operation which, in most cases, terminates the police refused, saying he would have ease the number of the ticket which reconciled with Germany's "cultural

in the cessation of all the vital organs. to go to the police station. The polies plaintiff referred to, added the inspector, At the was not to be found in his books. Witness obligations in relation to Belgium. The in the world WE mission"

cannot

British Government stands in 1914 as it

His Worship said-I am quite satisfiedAvoid any moonlight jaunts between no times laid hands. on him. conceive. We have, for example. #

10 p.ra. and 5 a.m., and steel your hearts police station the tram, inspector asked then told plaintiff to come out of the car. Inspector P. O'Sullivan to charge the He did not do so then, but came out near. the Hongkong Hotel. Then witness number

stead in 1870; it is Herr von BETHMANN from the evidence that the defendant fired. of promineut personages,

the shot, and knew that he was using a to the most bewitching cries of your plaintiff, but he, after bearing the facts, asked plaintiff to give his name and including Herr BALLIN, and a great many oLLWEG who refused 10 meet us in 1914 as

revolver. He may have been excited at

Juliets; they will only lure you, like the refused to charge him, and told the tram address, but he declined. He then asked It is

inspector to report the matter to his professors, issuing an appeal in which they Prince Rissanen met us in 1870,"

he said he would not. Witness told him say that the truth," which the world at surprising that Germany should wish the time, and under the influence of drink is of the sea, to a most peremptory manage. The tramway inspector told plaintiff to go to the police station, but must learp unceasingly, is that tauppear in the role of the aggrieved but not so that he would not know, what

aware of the dread sentences contained ductor had told him that plaintiff had that according to his orders he was paid him ton cents. The tramway in compelled to take him to the police With this plaintift and a Germany was shamefully fallen upon; the rather than in that of the aggressor, but he was doing. Intoxication such as, this finality. I do not know whether you are the police officer that the tramway con-

I take into consideration

in the provisions of Section 17 of spector, of being asked by the police station, Germen cause is just; and that Germany's it is incontestible at the responsibility is no excuse.

Ordinance No. 1 of 1845. If not, purotheer to show the ticket in question, said companion took chairs and went to the for plunging Europe into war rests upon that the defendant has compensated the

that he had thrown it away on the floor police station. When plaintiff refused nemies are conducting the war with a

to give his name and address the Chines shamelessness that eries to Heaven." We Germans, Had he been sincere in her complainant Barry, but I am bound to

Cross-examined by Mr. Pitter, plaintiff ticket inspector told him to take plaintiff an influential organ of public desire to maintain the peace of Europe, take a serious view of the case, and chase copies at once, for your contraven- of the car. opinion like the Forth German Gazette and had she regarded the treaties bearing thugh he may bitten exition of this Ordinance will prove most agreed that the tramway, was an import to the police station. The ticket inspector her signature as something more than more cannot see my way to do anything less inconvenient to you and yours in the institution, and be thright that per- said to him in Chinese Won't give his

to three months'

any money, I would like to go with you declaring that the war

Witness added Inture. And, by the way, if any of your baps people ought to help such institu.name. hasn't bought ticket, basn't get "scraps of paper," it is clear that the than sentence him

Mr. Potter-Do you think wickedly conjured up against Ger- great calamity which has overwhelmed imprisonment. I have considered the case

been avoided. very carefully, and am of opinion that this fellows have bad teeth rush them at once tions when they could fairly do so.

to assist that the Chinese inspector gave him the many, and writing of the victorious Europe would have

chance to take plaintiff to the police progives of the German Army in the Germany has made it imposible for any is not a case for a fine.

Mr. Lewis (for the defendant)-Is your use of your being compelled to live them-No. nation to place any confidence in her

Neither do I; if you had given your station, and he did so. If the inspector West as well as in the East. Again, we

solenui pledges, and this fact must neces-Worship prepared to consider the question

name and address there would have been had not gone with him to prefer the have, the Frankfurter Zeitung giving to sarily make the terms of settlement more of a fine in lieu of imprisonment?

no more trouble; is that not so?—I do charge he would not have taken plaintiff.

The bearing way adjourned. His Worship-I am afraid I cannot,

that know.. its readers a highly coloured; picture of onerous when the tirar comes for them to

Mr. Lewis. This is not a case for a fine. the tragic collapse of the spirit of thebe dictated by the Allies at Berlin

have

has been

to the dentist. These rusty molars are the the Company in the ease, assisted to the police station.'

under the present trying circumstances.

RODERICK RANDOM.