1915-03-06 — Page 5

THE WAR.

ATTACK

ON DARDANELLES.

FORTY GUNS DEMOLISHED.

THE BATTLE IN CHAMPAGNE.

PRUSSIAN GUARD COMPLETELY DEFEATED.

RUSSIAN SUCCESSES CONTINUE.

NAVAL ACTIVITIES.

[THROUGH REUTER'S AGENCY.]

THE BOMBARDMENT OF THE DARDANELLES.

FORTY GUNS DEMOLISHED.

LODKON, March 8th.

The Admiralty announce that, the attack on the Dardanelles was continued on Wednesday, but the Admiral has not yet reported the results obtained within the Straits

H.M.B. Dublin, outside the Straite, demolished the Observation Station of the Callipoli Peninsula, and H.M.S. Sapphire) bombarded guns and troops at various points of the Gulf of Adramyti. ⠀⠀ Six. modern field-guns near Fort B were 'destroyed, making a total of 40 guns demolished.

The French hattleships bombarded Bulair fort and wrecked the Kavack bridge:

H.M.S. Dublin, one of the latest of the Town class of light cruisers, war completed in 1913, She is of 5,400 toas displacement, carries eight 6-inch guns, and has a speed of 25) knota.

RU88LAH FRONT.

(THROUGH; REUTER'S AGENCY.]

FURTHER RUSSIAN.

Today's

says!

THI HONGKONG DAILY PRESS, SATURDAY, MARCH 6, 1915.

CARGO IN GERMAN SHIP.

SUCCESSES.

LONDON, Macrh 4th.

Petrograd communiqué

The Austrians in Eastern Galicia are endeavouring to maintain positions on the River Lukwa

We captured during the day in the Car pathians and Galicia 47 officers, 3,000 men, and 16 quickfirers.

The Austrians continue to make abortive day and night attacks between the Oudawa and the

the Sun, suffering immense

Tossos. We repelled them with hand grenades and the bayonet, and in counter attacks we captured many prisoners and Buns

CHINESE TELEGRAMS.

[FROM THE “ CHUNG NGOT SAN FO

JAPAN'S DEMANDS.

PEEING, March 6th. Japan has acknowledged to the British, Fronch and Russian Ministers that

demands she has made on the Government of China are really twenty-one in number. CHINA'S FINANCIAL

ADMINISTRATION:

PERING, March 5th. The Ministry of Finance has ordered the Provinces to create Finance Investi gation Bureaux with a view to ensuring that the revenue from taxation is fully accounted for.

ALLEGED DISHONEST

OFFICIAL.

INTERESTING FULL COURT JUDGMENT,

ALIEN ENEMIES CAN BE SUED IN BRITISH COURTS, B

At the Supreme Court yesterday, the Chief Justice (Sir William Rees Davies) and the Puisne Judge (Mr. H. H. J. Gompertz) dolivered a joint judgment in the action of Sam Boo & Co. v. the Flensburger Dampfschiffart Gesellschaft von 1800, which was an application mado by Mr. Eldon Potter (instructed by Mr. A. B. Crew, of Messrs. Hastings & Hast ings) for leave to proceed with the action ex parte in connection with the 3.3. Scata, for which Messrs. Siemseen & Co. were the local agents.

The judgment was as follows:-- This is an application under section 5C of the Code for leave to proceed with the action et parte, no appearance having been filed

they sign the charter party as agents for AT THE SUMMARY COURT, the owners; that after a chanter party is entered into Mesara Biemseen set as

A QUESTION OF TIME AND A WATCH. agents for the owners, collecting freight and generally attending to the wants of the vessels and crow.

F. H. Fernandes brought action against the Sun Company, Ltd., for $17.

Mr. Davidson (for defendants) wanted the case to go over for a week.

We are of opinion that if the general management of the vessels under the charter, which is clearly an important part of the business of the company, is quoried whether a week would be sufficient, Mr. Faithfull (for the other side) actually carried on here by the agents It was a question whether his friend's for the owners, then the company may be clients could make the watch go in the said to to "here" within the meaning time. The "ticker" had never gone since of Buckley L.J. in the Actinsselskabet i was bought, and case (1912), 1 K.B., at 228.

the defendante would not return his client's money. He that Messrs. Siemssen had authority to night,

Now it appears from the correspondence thought it had better go over for a fort- claim from the sub-charterers all moneys Mr. Justice Gompertz That will give they considered to be due to the owners.

it time to cool down. (Laughter.) Furthermore, they considered themselves entitled to withhold delivery of the cargo

INNOCENCE AND LAWYERS. unless these claims were met. This action

In another case:- was taken by the agonis, not acting in their own behalf, but as expressly stated in their letters, for and on account of the owners. The letter of August 19th, from Mesare Lants & Haesloop of Swatow, shows that they, as agents for Messrs Siemssen, purported to have authority to discuss all questions in connection with the cargo,

Mr. Hung (Messrs. Deacon, Looker, Deacon & Harston)-I want an early date, my lord. There is absolutely no defence

tu this action.

know about that. It is very obvious that

Mr. Russ (for the defence)-Oh, I don't

you are trying to drag in a man for his wife, who is admitted to be dead..

Mr Hung Defendant has written me. several times admitting liability and ask- ing for time to pay."

the innocence of his heart, before consult

His lordship-He may have done so in

ing a solicitor. (Laughter)

PERING, March 5th, The Supreme Court of Peking has bogun the hearing of a charge against The defendants are a foreign corpora Ying Tak-Wung (former Governor of tion, being a German company with offices Nanking) of misappropriating part of at Flensburg in the German Empire, who the proceeds of the 8 per cent loan.

had, through Messrs. Siemssen, their local agents, made a time charter of the s.s. DEATH SENTENCES. Senta to Man Sang & Company, a Chinese The whole of the proceedings, from the firm established in the Colony, The Man letter of 22nd July onward, shows that PERING, March 5th.

Sang gave the plaintiffs, who are a Chinese Messrs. Siemssen considered themselves Wong Chou-kun, an official of the firm doing business in Amoy, in the entitled to deal fully with the plaintiffs Finance Department, who was found Republic of China, a sub-charter for a in all matters concerning the interests of guilty of betraying State secrets, has been voyage from Samarang to Swatew and/or the owners of the vessel. Yet, during the shot.

Amoy. The vessel loaded sugar at whole of this period, it was on their Samarang, and having arrived at showing imposible, owing to the own Swatow was there detained by the outbreak of hostilities, for them to communi- break of hostilities. Apparently the Man cate with their principals in Germany. Sang becatre insolvent; and demand was Mr. Siebs, in his interview with the out of which he had to pay $15 for rent, Defendant said he earned $40 a month, rance on the plaintiffs by Messrs plaintiffs' golicitor, of September 16th, and $10 for his two children, who were Siemssen, signing as agents for Captain when he stated that his firm were agente in i Convent. He offered $1 n month. and owners of 8.5. Sextu, for the payment for the owners of the vessel, nerer dis- to them of the freight due to the Man claimed, but, on the contrary, clearly in Chambers.

The parties were told to see his fang. This money was paid over without assumed full powers in everything con- objection by the plaintiffs.

Berning the arrangements for the delivery However, on the 19th August, the of the cargo. Finally, the undertaking

Cheong Poy Took and three others have

been tried for sedition and sentenced to death.

ESCAPING

TA

PRISONERS OF WAR.

The Shanghai Mercury says:-- The story of the interned Germans at Hongkong who tunneled their way to transient liberty reminded us very forcibly of one of the most fascinating

DIFFICULTIES.

$90, dus on a promissory note,

Pertap Singh sued George Thomas for

IN HASTE.

Our offensive between the Niemen and classics of our childhood--the tale of Swatow agente of Messrs, Biemssen on the terms of which the money, the Cheung for 9827,40,

the Vistula continues and our troops are. progressing in the Grodno district.

Years War. He

was the pandour

fordship

Messrs, C. E. Warren & Co sued Yung.

day, my lord.

Mr. Heywood (for plaintiffs)-I want a

Baron Trenck. There were two adventur- Messrs. Lauts & Hussloop, made a fur- ers of the name, cousins, and both Germans. One was the Baron Franz ther demand on the plaintiffs for the paid over, was executed by Messrs subject matter of this action, was A stubborn artillery engagemens is the Empress Mario Theresa in the Sovendants from the time charterers, Failing defendants, the owners of the 8.8. Sexta. Trenck, who served Russia at one time and payment of all moneye dua to the defen- Biemsson's solicitors as agents for the maintained at Ossowiece.

Further south the Russians advanced cousin." The other was the hero of our payment, the agente refused to give the This undertaking was offered as a conces- money. There is absolutely no deferice, boyhood's fancy, at one period so intimate plaintiffs delivery of their cargo. Finally, eton on the part of the owners. (Ben the tona displacement, and was completed in and hand to hand fighting is proceeding with Frederick the Great as to be in a after some correspondence", between the letter of Messrs. Deacon, Looker, Deacon

H.M.S. Sapphire is a light cruiser of 3,000

1905. She carrim twelve 4-inch guns, and has a speed of 231 knots,

GERMAN SUBMARINE

RAMMED.

SMALL BRITISH COLLIER'S CREDITABLE WORK,

LONDON, March 4th. 8.03 p.m.

It is reported to-night that Admiral Sir George Egerton is satisfied that the small British collier Thordis Bank B German submarine off Beachy Head.

in the villages.

We took a further 21 officers and 600 men at Kerzeç,

lighting is in progrees between

Miswa and Horzzle:

GENERAL

{THROUGH REUTER'S AGENCY.)

BRITISH COLUMBIA AND ASIATIC LABOUR.

& Harston, dated 23rd September, which threatens to order a sale of the cargo.)

We are of opinion that a material part tion was done in Hongkong by Messrs. of the business of the defendant's corpora Siemseen at their office here.

In these

His lordship What's the hurry? Mr. Heywood-Well, wo want our

Ordered to go over for a week.

OTHER ACTIONS,

Other actions on the list were:-b- Nomoto r. J. J. Hunt, claim for $109,50; & Raven, 8780.06. and Shewan, Tomes & Co. v. Wenser

AT THE MAGISTRACY,

to recover this $14,000. Service was partner in Siemasen & Co. (Thames and INFRINGEMENT OF TRADE MARKS. effected on Mr. Siebs, a partner of Messrs. Mersey Insurance Co. e Societa di Siemssen, at their Hongkong office. No Navigazione Vapere del Lloyd Messr. W, R. Loxley & Co. prosecuted

of their

position to carry on an intrigue with the solicitors, as the cargo was still withheld, King's sister, thus getting into trouble. His ups and downe were romantic in the the plaintiffs made payment of $14,000 extreme, though Carlyle characterised him on the terms of an agreement signed by But what in his story is apropos to the ton, solicitors, who were acting for as an extensively fabulous bickhead Messrs. Deacon, Looker, Deacon & Hars present subject is his account of the ingenious way in which he managed to Siemaron & Company, and the sugar was bore his way out of dungeons in which he then handed over. The plaintiffs then circumstances, service of the writ has was placed. Unfortunately for him, he issued their writ against the defendants been properly effected by service on u came to the guillotine at last.

We confidently anticipato a far less tragic end for the five Germans who, probably knowing his story, escaped the other day from the concentration camp at Kowloon. LONDON, March 4th. They, too, took the opportunity to tunnel Prearanod has been entered, Messrs. Austriace, 30 L.TR., 475.) As our decision the Kwong Ching Cheong firm, of 196, their way out. A friendly matshed seem Siemssen contending that they had no is based upon the principles of the Queen's Road Central, for infringement telegram from Victoria, British to have sheltered them from observation, authority to accept service or to defend English practice Order 0, rule 8, and is

and a number of their comrades must The Thordis has been dry-docked, and Columbia, states that a motion intre have been in league with them or they proceedings on behalf of the defendants, covered by Section 37 of our Code, we

***** Cockatoo," **Star,***

and Magpie" trade marks on singlets. one blade or propeller has gone, and duced into the Legislature to prohibit the could not otherwise have got rid of the

The main question for consideration is think it unnecessary to express any Sergeant McKelvie searched the defen- the keelplate badly damaged. The vessel employment of Asiatica in local 20 to 30 yards in length: Unluckily for

excavated earth from their boring of from whether in the terms of section 50 of the opinion on that part of Mr. Potter's dants' premises on a warrant, and seized rammed the submarine after a forpedo industries has been withdrawn at the the five who got out, they found themselves Code of Civil Procedure the Court is argument which relics on Section 41 1,074 singlets.

request of the Premier, based on reasons still in foreign territory, subject to satished that the writ has been duly that the defendant company, having been said that the defendants had seen him

the Code. It would follow, ordinarily, carious observation as foreigners as soon served; that is to say, whether the service They were thus all recaptured within a on Mesa-Siemseen is good service on in default of appearance, to proceed as ever they got beyond western haunts

duly served, the plaintiffs are entitled, short time, and will doubtless, be sub defendant company. FIERCE FIGHTING IN BRAVE RETREAT OF RUSSIAN jected to somewhat stricter supervision dant company nor Messrs. Siemssen are of

CHAMPAGNE.

in future Nothing more, probably. It is a very venial crime, if indeed it be a course before the Court, but we have had may be sued in our Courts, and that the There is no doubt that an alien enemy crime at all, to attempt excape when one laid before us certain correspondence action is not suspended by war. (See the has not given a parole.... Our present First The following official telegram from the Lord of the Admiralty was successful in which gives Messrs. Siemssen's views as case of Robinson & Co. Continental Russian Legation at Peking was handed getting away from a Boer concentration to the relations between themselves and Insuraneo. Co. of Mannheim, 31 LT with larceny of Admiralty stores from the

car in the South African war, and no the defendant company, to which in the sporting British officer is likely to think circumstances we have given considere any the worse of the five adventurons ones down south for their little excapade;tion though, doubtless, he will likewise play

passed under her.

The awards for the first merchantman to ram a submarine now total £1,100.

DEFEAT OF GERMAN EFFORTS.

COMPLETE.

of Impérial policy.

CORPS.

FOUGHT TILL LAST CARTRIDGE.

Neither the defen

LONDON, March 4th.

to Reuter's Agency last week:- 5.10 p.m.

PETROGRAD, February 24th.. To-day's Paris communiqué says:---

With regard to the report issued on the 22nd, which stated that portions of one The fierceness of the fighting in Cham army corps of the 10th Russian Army in

Now the earned Counsel's contention pagne is confirmed. German counter East Prussia were in a very difficult the game and try to prevent any further is that the case falls completely within position, it appears that on the 18th the semi-successes of a like kind. The whole attacks against the crest taken by us to 20th Army Corps lost all touch with the episode will be something to laugh over the English authorities, and he puts his the north-east of Mesnil were most 10th Army and were surrounded by in time to come if the participants on care as follows:-It is not necessary that violent. Two Regiments of Prussian gradually increasing German forces. The both sides are of the right sort.

Corps fought heroically till the 22nd, Guards fought with great ferocily. The covering 33 miles, and continued to break defeat of the German efforts was complete, through to the South-East of the forest We made further progress at Vanquois, of Augustovo, inflicting very beavy losses Our artillery on the Belgian dares on the enemy, The Corps fought till every cartridge was exhausted, repelling demolished the enemy's trenches,

all attacks on all sides. They preserved The Germans, near Notre Dame de their artillery and took with them a great Lorette, captured an advanced french number of German prisoners,

recently constructed by as in immediate contact with the German lines.

There was a day-long bombardment of a shell falling every thres

Rheims, .minutes.

GERMAN AEROPLANE BROUGHT DOWN.

THE GERMAN VERSION

follows:-

THE DACIA.”. WHY THE OWNERS WILL FACE

THE RISK.

* parle

20.) Mr. Justice Bailoche said in his judgment at p. 21, To hold that a subject's right of suit is suspended

is against an alien enemy is to injure a British subject and to favour an alien enemy, and to defeat the object and reaso of the suspensory rule. It is to turn a disability into a relief." And again,

I have come to the conclusion that there is no rule of the common law which

Mr. F. B. L. Bowley (for plaintifiṣ)

He applied that the goods seized should and signed & bond, which he produced.

ba handed to the prosecutors.

Mr. F. A. Hazeland made an order to this effect

INDIANS SENT TO SESSIONS, The five Indians who stand charged gunboat Britomart, in the Harbour, were yesterday committed by Mr. Hazeland to take their trial at the next Criminal Sessions.. Mr. Gardiner reserved his defence.

AMERICAN RELIEF FOR PRISONERS OF WAR, RUSSIA PREVENTS COMMISSION GOING TO SIBERIA.

the foreign corporation should carry on the whole of its business here. It is suficient if it carries on a material part within the jurisdiction. Then, the agent suspends an action in which an alien must be acting for the corporation, in its enemy is defendant, and no rule of the interests and behalf, and not for himself common law which prevents his appear in Siberia. Prior to this announcement

18 and conducting his defence. This judgment was referred to with approval in the very recent case of Porter v Freun- by the Full Court of Appeal in England denberg, Tinies newspaper, January 20th, 1015, at p 3. The Chief Justico delivering the judgment of the Court said, Prime wie, there seems no possible reason why ar law should decree an immunity dur

It was recently announced that Rusia had refused to allow an American relief committes to visit the prisoners of war

The explanation why the owners faced on his own account. As was said by

the following statement from Washington, the risk of sending the Dacia on her voyage to Germany lies in the fact that Buckley L.J. in Okura & Co. v. Forsbacka

dated February 1st, appearington, the profits of the adventure, if it were Aktiebolag (1814), 1 K.B. at p. 710;

ment to day instructed Ambassador For the fourth time the State Depart American papers S The Report of the German Hend successful, would be enormous is not enough to show that the corpora

Marye at Petrograd to ask permission of quarters on the subject, dated February in a London paper, that the selling price tion has an agent here; he must be

of missionaries now at Harbin, Mab- There is reason to bellere, says a writer. 22nd, as telegraphed to Peking, is as in Texas of the cotton shipped in the agent who does the corporation's business

churis, to proceed into Siberia, with the Russian Government for the little band The pursuit after the winter battle in Dacia was £25,000. If the cargo were for the corporation in this country."! - The

relief supplies for camps where the Rus Mazuria is ow terminated. During the delivered in Germany its value would be

eians are holding German and Austrian clearing of the woods north-west of enhanced nearly two and a half times. Same Lord Justice said in Actiesselskabet Grodno and in the engagements in the The price agreed to be paid for it, if Dampskib Hercules v. Grand Trunking hostilities to the alien enemy against prisoners of war and civil prisoners. Boblond and Narien districts, reported delivered, is no less a sum than £170,000 Pacific Railway Co. (1912), 1 K.B., at 228, the payment of just debts or demanda due such requests to the Russian Foreign "Ambassador Marye has submitted three during the last few days, the Germans up a profit to the shippers of £95,000, out of The cardinal factors are that the comto British or neutral subjects."

without eliciting a reply.in was dis to the present have made further prison which the only outgoings would be the

We think that the plaintiffs must have

The missionary commission communiqué ers, viz. One commanding general of a running expenses of the ship for three or pany does cels within the jurisdiction

division, four other generals and about

four weeks."

patched some weeks ago from Tientsin, which are parts of its business as e com leave to proceed. The leave is granted, China, and includes American ambas forty thousand more soldiers; we took The correspondent added: The British paar, and does them at a fixed place subject to any terms the Court may dore seventy-fire additional guns, many ma Government have already undertaken to

think proper to impose at the hearing. By authority of the State Department chine-guns whose number is not yet reimburse the shippers of the cotton the whin the jurisdiction." counted, auch other war material. The alternatively, to tranship it from the local ship broker, which is on the file, that leave to proceed ex parte?

value of it as delivered in Germany, or. Now it appears from the affidavit of a Mr. Potter Then, my lords, you grant whole booty of the entire battle in Mazuria therefore increases to 7 generals, Dacia after capture, and to deliver it to for many years these two vessels, the Seat The Chief Justine-Yes. more than 100,000 soldiers, 130 guns, and Germany in neutral vessels. The latter and the Quarta, have traded in Chinese war materials of all sorts, including either case the owners of the Dacia stand waters under various charters; that offers plan is obviously the cheaper; but in machine-guns. The heavy guns and ammunition were found yesterday by us to gain. Even if they write off the price for the steamers are placed before Mesars, The Tenth Russian Army of General paid for the ship (£33,000), they would Stemssen & Co. who communicate them Baron Evers is therefore completely there is every inducement for them to send to their principals in Europe, and when still make a profit of over £50.000. Thus. annihilated.

the Dacia to sea.

Merms and conditions are agreed upon

LODSON, March 5th

1.25 am. The Paris evening

Another German trench has been occupied on the Belgian dunes.

states;

Our progress in Chaarpagne continues, Fresh German counter-attacks on the crest north-east of Mesnil and attacks at Four-de-Paris and Vanquois in Argonne have been repulsed.

A German acroplane has been brought down near Verdun and two airmen captured,

the American Minister had conferred at Peking with the Russian Minister before the commission departed and it was understood no obstacle would be intor posed, but when the commission arrived at Harbin and was just about to proceed out in Berlin 1,279 German jurists had An appeal was made to the American

According to official statements given authorities.

into Siberia it was halted by Russian

been killed in the war to the end of State Department, because the Unitedt professors 275 judges, 240 lawyers, 3 Germany and Austria as well as German January. This total is made up of six States represents Rusia interests in assessors and 424 barristeri

and Austrian intereste in Busines