1915-05-28 — Page 7

TRADING WITH THE ENEMY. THE CASE AGAINST ANDREWS, VON FISCHERZ & GEORGE.

MAXIMUM PENALTY IMPOSED ON

Mr. Platt then called Mr. von Fischerz,, who, in the course of a lengthy statement, said his Company had trouble two or three years ago in getting the British author ties to recognise them.. He afterwards, spoke to the Consal-General about the matter, who informed him that as long as the majority of the directors were not English he could not recognise them. Following the declaration of war the Con-

of the directors. fle also suggested that they should register as a German cou

THE HONGKONG DAILY PRESS, FRIDAY, MAY 28TH, 1915.

bank had been advised that the draft was sent for collection in Amsterdam on Feb. ruary 8th, and was paid on February 20th in consequence of the credit which bad The en opened by the defendants, draft was subsequently accepted by defer-

dants.

Mr. Mokean submitted on the evidence that an ofenes had been committed within the meaning of section 2 (4) of the regula tions. The actual position vis-a-vis of

SHIPPING IN PORT.

STEAMERE.. ALDENHAM, British str., 2,410, G. L. Smtb, 23rd May Kobe 17th May, General. -Gibb, Livingston & Co. CHANGonow, British str., 1,208. G. Morse, 24th May Bangkok 18th May, Rice. -Butterfield & wire.

.

INDIAN AFRICAN LINE.

Cargo carried on through Bills of Lading from HONGKONG to BEIRA, DELAGOA BAT, DURBAN (Natal), EAST LONDON, PORT ELIZABETH 14 CAPE TOWN with tenanhipment at COLOMBO to Blasmors of the INDIAN AFRICAN LINE

PROPOSED SAILINGS:

Connecting with--

PROM-HONGKONG |

FROM COLOMEO T EXCELLEET ACCOMMODATION FOE 1ST AND 2ND CLASS PASSIMORES,

George, Shanghai, were the defendants, sul rang them up and asked for the names Kanetz & Co., Hamburg, and the defen- CHEKIANG, British str., 1.213, Cowan, 22nd ORIENTAL AFRICAN LINE.

SIXTEEN OHARGES, The trading with the enemy case in which Mesare, Andrews, von Fischerz &

was continued in H.M.'s Police Court at Shanghai last Wednesday, before Mr. G. W. King (Magistrate), Mr. S. II. Mc-pany, but witnes told them Mr. George Kean (representing the Crown Astrocate) was British. Subsequently Mr. Andrews prosecuted, and Mr. W. A. C. Platt ap resigned his position as director and Mr. pered for the defoncs,

Dougall was appointed. Witness thought they would be struck off the list at Hong- kong because they had failed to register When he got the certificate from the Consulate bro he gave instructions not to send any indents to Hamburg, and cancelled all credits with Hamburg, The value of the cargo covered by the in- dents in question was £500 or £600,

Mr. McKenn said that the case was ad. journed from Monday for the evidence of a representative of the Netherlands Trad-hore. ing Co. on the summons regarding the ac- ceptance by defendants of the draft. Be for, counsel said, he had been unable to get such evidence."

His worship remarked that at the last hearing he perhaps did not fully grasp the meaning of two of the exhibits, but now he thought the defendants should show something to displace the prima freie conclusion that the draft was drawn by Kanotz and accepted by the defendants.

In that caso, I will call Mr. von Tisherz.

Mr. McKean-Mr. von Fischerz ia an alien racary. I don't know whether the court would be prepared to accept his evidence on oath.

His worship-What rule of evidence there to show that you shall not bear an Alien enemy on outh 1

Mr. McKean-Very good. I don't

mind:

Bodo von Fischerz was then sworn. Replying to Mr. Platt he stated that he was managing director of Andrews, von Fischer & George until the gard .March. He produced the registration Bertificate of the Company at the British The draft in question was Consulat presented to his firm for acceptance by the Netherlands Bank.

Mr. Platt-Did the bank say anything about delivery orderst

dents here was this: Kanetz & Co. drow on defendants for the amount of the draft. They forwarded that draft to the Netherlands Trading Co. for colletion. The Netherlands Trading Co. received the draft for £2,500 from the defendants, and because of that credit the draft was said, Counsel submitted, with ali duo respect to his worship, that the actual transaction was merely an advance by the bank not to Kanetz & Co., but to the

defendants for the amount of that draft and the defendants paid for that advance, or overdraft, six per cent. If there had been any acceptance the bank would have sued defendsats on the agreement to open credit. No evidence lind been disclosed that the bank ever purchased the draft,

Air Platt said the whole question was,

Mr. McKean (in cross-examination) You registered at the Consulate here on 23rd March. Why did you not write to Messrs. Kanetz until 18th April

Witness-I had not seen the proclama-was the draft held by the bank on behalf tion. Idid not know I could not do busi- of Kanetz & Co. ? The bank, ho said, drew ness with Germany.

it on their own account and if the defen- dants did not pay the bill they could be sued under the credit for £2,500.

Mr. McKean-Have you cancelled single order sines 23rd March?.

n

Witness-No, I canooled the credit. In answer to further questions, witness said his firm continued to trade with Eng- land, but he did not tell the home people there was any doubt as to whether they would be recognised as British. Many people took them for an American firm.. His worship-It was a very convenient position to be in in was time. They did. not know you were English, go you traded with Germany and England at the same time. You are a Gorman subject, and I don't want to hurt your feelings, but can you tell me when the blockade of Germany was declared? We know that. the submarine blockade was declareil about the 17th March,

Witness-No. gir.

Witness-I cannot say the exact date. Mr. Platt-Did you accept the draft? His worship-Did the fact that i

thewould be rather difficult to ge goods out- I W Witness--I signed it. anager-f-the-bank-and-informed him of Germany influence your mind? that I had told Mr. Dougall, a director of the Company, to go to the Consulate- Mr. Platt then addressed-the-court, and and report the matter. I asked the bank, expressed defendants regret that they had in case we paid the money, if it was pos-offended the King's regulations, There sible for them to hold it till after the war. was no question, he said, that it would The bank said they had paid the money never occur again. Defendants had out in February, and that if we did not given every assistance in this case, and pay they would sell the thing av dr.gulation, he asked for the imposition of and charge these being the first proceedings under the us with the difference. Dougall full information regarding a light penalty.. Abrec drafts, to show the Consulate that Mr. McKean pointed out the serious- all goods ordered before the war had beenness of the offends from the point of view in some neutral ports for the last two of the British Government and British Inoaths, and the Consulate said it was interests in Shangha By the Order in very wise of him to give them this Council his worship could only inflict on information. Then I considered the sninmary jurisdiction a maximum fuc.of matter was finished.

£20. He asked his worship, however, to inflict, if possible, the maximum penalty of £50 under the King's Regulations..

His worship said he could only impose a fine of £20 in this Court.

If the pro- accution wanted a fine of £30 they must ask him to commit. It seemed to him, if the defendants doubted their nationality, they could have casily got it cleared up by Hongkong. In was time it must be very convenient for a firm to change its nationality when danger threatened them in one quarter. This was undoubtedly. a very serious offence, and if done by a British firm must be punished severely. He could not conceive an offenes which more property deserved the maximum penalty, and that he would impose, riz, £20. There was the power also of im- Did the bank, when they said they had prisonment under the regulations, but this bought the draft, tell you that they had could not be brought into fores in this a letter of hypothecation, signed by case, but if a single person came before Kanetz & Co, as against any loss, and him he warned them that he would seri- that they held the bills of lading--Theyously consider the question whether he did not tell me.

would not only impose a fine but also a tern of imprisonment,

Witness Yes, they said the delivery orders were in their name; that they held the goods. They said I could give them the Chinese names so that the loss would be less in case they would sell dirret to the Chinese. The bank said they bought the draft about the beginning of April, and that thy paid the money to Kanetz & Co; in Amsterdam.

Crossxamined by Mr. McKean -- Did you sign. the draft before you went to the bank -Yes.

And the signing of the draft was an are ptance?Yes,

So you accepted the draft before you went to the bank -Yes.

Is that not the usual banking custom It depends on the standing of the firm.

If you did not accept the draft, has any liability attached to you -The bank would have sold the goods and collected from us the difference,

They

How could they collect anything? That is what the bank told us, would take the matter into court,

Witness said that the goods had arrived, but only about Tis. 150 worth had been taken delivery of:

Hi worship-These goods were not

Beloro adjourning for tifhn Mr. Mc Kean expresed his regret for a remark he made at the last hearing that the British Consular employees were not able to translate German, There had, beon a misunderstanding on his part in regard to this matter.

|

Mr. McKean submitted that there was no evidence that the bank purchased the

purchase the bill at all

His worship Why should the bank

Mr. Platt-Because of the credit.

His worship-Did not the bank rather pay the bill because they had some money on which to draw from the defendent firm? It was not really a proper com- mercial transaction then.

Mr. Flatt They might have discounted the bill, in which case suppess they would have given Kanciz less than the full amount of the bill, But they did not do this; they gave him the full amount.

His worship-Always having the defen dant. firm to fall back on. That is not. an ordinary commercial transaction.

Mr. Platt-I think it is. The bank trast the defendants to pay them back all

May-Hongay 10th May, Coal- Butterfield & Swire.

COLIAN MARU, Japanese 1,007, Muka 22nd May Hongay 20th May. Coal. -Order.

CHITUEN, Chinese str., 1,177, W. Ross, 20th May Shanghai 10th May, Gon- eral-Chinese.

CRUNSANG, British str., 1,418, C. J. Mat- tock, 21st May Bangkok 13th May, Rios and Timber-Jardine, Mathe 800 & Co.

Onusas, British str., 1,320, R. Robertson,

20th May Bangkok 19th May, Rior -Butterfield & Swire.

DALJIN MARU, Japanese, str., 899, Mura kami, 20th kar-Bwatow 25th May, General. Osaka Shozen Kaisha.. DONAX, British fr., 2,962, Ralley, 22nd.

May Shanghai 19th May, General.- Asiatic Petroleum Co.

FOOLEE, Chinese str., 1,370, B Migaoka,

28th May Chefoo, Generat. - Chinese,

GEMINI, British str., 1,334, E. Jones, 26th May-Wakamatsu 19th May, Coal- Mitsu Bussan Kaisha. A HAITAN, British str., 1,183, J. W. Evans,

35th May Swatow 24th May, Gen eral-Douglas Lapraik & Co. KANCHOw, British str., 1,222, G. Gibbs, 28th May-Shanghai 3rd May, Gen- eral. Butterfield & Swire. Ketro MARU, Japanese str., 1,955, Imai- zami, 23rd May-Haiphong 21st May, Shosen General and Rice.-Osaka Kaisha ROLYA, British etr., 1,108, F. J. Pooley, 25th May-Manila 21st May.Thoro een & Co.

Regular Direct Service from JAPAN, CHINA and STRAITS to BEIRA, DELAGOA BAY, DURBAN, KAST LONDON, PORT ELIZABETH and CAPE TOWN, calling at MAURITIUS en routy, and affording the Quickest Fesight Transport from the ORIENT to SOUTH AFRICA.

211

From Hongkong

PROPOSED BALLING.

"SALAMIS"

25th Jane

FIRST CLASS ACCOMMODATION FOR PASSENGERS.. FISSED WICH WIRELESSTELEGRAPHY. For Kates of Freight and Passage, apply to

THE BANK LINE, LIMITED, MANAGING AGURIA.

"ELLERMAN" LINE.

JAPAN, CHINA AND STRAITS

TO

MARSEILLES, LONDON AND LIVERPOOL.

For

LONDON & LIVERPOOL

Steamer

*NETHERBY HALL”

Balin.

On 16th June.

Subject to change without notices.

For rates of freight and further information apply to

Hongkong, 28th May, 1915.

the money that they were out of pocket in KUKUSHIMA MARU, Japanese str16 THE purchasing this bill.

After further argument his worship said that he was afraid he was against Mr. Mekcau. He thought the wording of the King's regulation was too narrow,

Mr. McKean said that, subject of course to the permission of the Crown Advocate, le would proceed in the ordinary form in a-cordance with the rules laid down in too Order in Council.

Mr. Platt-As far as I am concerned, shall take no further interest in these proceedings.

His worship-I don't suppose the defen- dant firm are going to walk off?

Mr. Platt-Oh, no, they are not.

Itani, 20th May Wakamatsu 14th May Coat Mitsui Bussan Kaisha

Chinese

Stewart: str.. KWANGTAH

26th May Shanghai, General- Order, KwONGSANG, British str., 1,428, W. T.

Bichard, 28th May Saigon 22nd May, Rice-Jardine, Matheson & Co. MAUBANG, British str., 1,044, Alcock, 28th

May Sandakan 20th May, General and Timber.-Jardine, Matheson & Ce. MEXICO MARU, Japanese str., 3,760, N. Kobayashi, 24th May Shanghai ist May, General--Osaka Shosen Kai

THE BANK

LINE, LTD., GENERAL AGENTS.

[309

TAIKOO DOCKYARD

AND ENGINEERING CO. OF HONGKONG, LTD. TAIKOO DOCKYARD. HONGKONG. SHIPBUILDERS, SALVOHS AND REPAIRERS, BOILERMAKERS. BRASS AND IHON FOUNDERS, CONSTRUCTIONAL. ELECTRICAL AND MECHANICAL ENGINEERS, WELDING AND CUTTING OF METALS BY OXY-ACETYLENE AND ELECTRIC SYSTEMS.

Mr. MeKeun asked, in view of the post- MyoDiSAN MARU, Japanese str. 1.762, K. Estimates given for quick construction and repair of Ships, Engines,

sibility of dants could have back their acceptanco an append, whether the defen- book, subject to an undertaking to pro- dues it when called upon.

My Platt I am quite ready to give that undertaking.

His worship said that could be arrang cd between the partics.

Before the Court rose Mi. Platt said he did not know whether there was a Full Court here to deal with the appeal, if lodged.

COUNT ANDRASSY ON AUSTRIA'S AIMS.

HATRED OF PRUSSIANS.

The war correspondent of the Berlingske Tidende, had an interview with Count Julius Andrassy in Budapest just after the latter's return from Berlin, where he had conferences. The Count did not dealt with the question of penes and its conceal the fact that these conferences

conditions.

"

1

Munakota, 26th May Wakamatsu 20th May, Coal-Mitsu Bassan Kai- sha PARANGANG, British str., 1,022, H. Flash- man, 26th May-Bangkok 17th May, Rics-Chinese.

SABINE RICKMERE, Dutch sir.. 573, J. Bohmerman, 19th May-Singapore 19th May, Bulk Oil Asiatic Petro- leum Co

Boilers, Railway Rolling Stook, Bridges, and all Classes

of Engineering Iron and Wood Work.

GRAVING DOCK-787 by 86' by 34′ 6′′

Pumps Empty Dock in 2-3/4 hours.

THREE PATENT SLIFWAYS isking vessels up to 8,000 ton displacement, providing

cenditions for painting ships with most effeïent results.

throughout the Shops ranging to 100 Tons.

SINOZIANO, British at 1,810, CC. Wil-100-Ton ELECTRIC CRANE ON QUAY ELECTRIC OVERHEAD CRANES-

50-Ton Hydraulia TESTING MACHINE for Chains, Wire Roper, Rivets, etc. AGENTS VOR-~~

liams, 17th MayBangkok 8th May, General-ButterBeld & Swire. SIRERIA, American str., 5.035, A. Zeader, 24th May San Francisco 24th April, General-Pacife Mail S. S. Co. SUNGKIANG, British str., 987, 1. Robinson. 26th May-Haiphong 24th May, Gen- eral.-Butterfeld & Bwire. TACOMA, British str., 4,096, Stewart, 20th May-Shanghai 23rd May, General- Standard Oil Co. TAESAND, British str. 27, Matthews, 25th May-Haiphong 22nd May, Gen- oral-Jardine, Matheson & Co. TAINEI MARU, Japanese str., 3,424, Y. No. guchi, 22nd May Dairen 15th May, "Coal and General.-M.B.E. TAIWAN MARU, Japanese str. 1,145, H.

Sakai, 24th May Bangkok 15th May, Rice-Dodwell & Co.

Tiras, British str. 5,730, J. W. Read,

25th May Manila 22nd May, Gen-! oral-Butterfield & Swine.

Lap, 23rd Trixi, Dutch . str..

MayBatavia and Sadgon 19th May, Genoral. Java-China-Japan Lijn, TOYORA MARU, Japanese str., 1,436, K. Shimizu, 22nd May-Karatan 16th May, Coal.-Mitsu Busen Kaisha. Lishman, 23rd May Shanghai 19th May, General-Jardine, Matheson. & Ca YEENSANG, British atr., 1.128, P. H. Rolfe, 24th May Manila 21st May, General. -Jardine, Matheson & Co.

JOHN - 1. THORNYCROFT & CO., LTD.

PETROL and KEROSENE MARINE MOTORS 7-1/% to 150 B.H.P.

As applied to the British Admiralty and War Office. MOTOR VESSELS, LIGHT DEAFT CARRIERS, GUNBOATS, LAUNCHES

HOUSEBOATS and FLEASURE CRAFT OF EVERY DESCRIPTION, MOTOR PUMPING and LIGHTING SETS, MOTOR VEHICLES, Erc.

Fern between the hours of 11 A.M. and 12 Noos

Donkyard Managers, can be sean be

'at the Town Offee,

TELEPHONE NO. 112.

BUTTERFIELD & SWIRE

HONGKONG, CHINA, AND JAPAN, AGENTS. Tolographio Addres ---“ TA1X00 DOCK”

JAVA-CHINA

ŠTRAMVA

shipped till many manths after the war reeded with and admitted, Eis worship be moved son importance for the total WINGSANG, British str., 1.517, TH. TJIKINI

Etarted, and it is obvious that the draft was not drawn till about that time,

Unfortunately," said Count Andrassy, no party seeros to understand that a only result of this war may be no result. real result cannot be expected, or that the On both sides, victory is constantly expected. I can only at prescut expect one good outcome of this war, namely. that it will certainly be impossible to On resuming in the afternoon case No. make war in the future. Only a surprise 3 was proceeded with, and, defendant attack such as the one in Belgium could pleading guilty, a fine of £20 was im

be successful. When two armies are dug pesed,

in, as now, for a fight of position, the Fourteen other charges were then probe some miks forward, but this. result may be a draw. The trenches may

imposing a fine of 520 in each cas

Mr. McKean withdrew the charge relat nothing of final results and Napoleon result. Items as if modern war knows ing to an alleged offence on the 4th Feb- would have been desperate if he had lived ruary, Mr. Bron, an assistant in the Corse this conflict. His worship said it was ridiculous that sulae, stating that he did not remember

"I regret to say that it is matter of the King's regulations culd be so easily whether the regulations were published fact that the Germans are hated every. lefeated, but under section 2 (4) he was at the Consulate at that time. He pro-where, and I admit that specially the afraid the charg: must go to the ground deed a letter written by the Consul to the Prussians and all the people of North He would, however, call Mr. McKean's-Minister stating that the regulations were Germany are unrefined, and ever brutes. attention to section 2 (3).

published on the 8th February. Another They will never obtain a world domina- Mr. McKean-My instructions are, if charge of the 8th February was according- tion, as they have to defend too many this summons is dismissed, to ask yourly withdrawn,

frontiers, and their colonies have hitherto worship to state a case, This is a serious The case was then adjourned until Fri only cost them money. But England and matter, and the authorities with it to be day for the hearing of the one remaining Russia, the contrary, are two worlds, thrashed out.

charge, viz., as to the acceptance of the and Russia will rule from Constantinople His worship-Then you had better have draft for £76.

if she beats us. But I should think Eng- the bank here, -

land will be displeased at this Russian triumph."

Witness- say they were in cours of shipment before the war.

Mr. McKean agrerd, and this particu- far case was adjourned until Friday.

Evidence was then adduced on another charge, viz., that the defendants on 25th February, did enter into osrtain commer- cial transactions with Ed. Kanetz & Co., Hamburg, an enemy subject.

reference to the charge.

On the following Saturday.

སྐྱ

FORTHCOMING EVENTS.

Thursday, 3rd June:---

Noon-A. S. Watson & Co. Ltd., Ordinary General Meeting at the Hongkong Hotel,"

ON

SALE.

** THR

Mr. Platt mentioned that the case had The correspondent asked if the Rus been adjourned from Wednesday for the sians really are bated in the Habsburg attendance of a witness from the Nether Monarchy, and Count Aadrassy lands Bank. Counsel had we the answered: manager of the bank in question, who Not at all. We don't hate any nation said he did not want to be discourteous except the Serbians, but we are menaezd to the Court, but he felt that, as he by the Russian policy and by Panslavis visabk: he should take part in these pro- between Slavonic peoples, and that we e-to-a-neut-el-bank, it was hardly and nad, please remember, we are pinched-in HONGKONG DAILY PRESE ceedings. He was afraid his representa also have inside our own frontier a lot tive might be asked questions regarding of Slave. A defeat means our race's ruia, the way the bank conducted its bu jeess and the result of the war is a question

Mr. Ross produced defendants' books and referred to the indents und letters in In answer to Mr. Platt, he said he could not say that the indents were seni.

An office boy employed by defendants spoke as to copying the indents Hend he did not want to be put in the of death or life to as. For our part, we landed them over to Mr. Art.

On the

25th February he post a letter to Karetz & Co

Cross-examined by Mr. Platt, witness said he did not know what was in the latter which he posted.

Mr. Platt submitted that the case for the pros cution had not been made ont.

His worship--The evidence in this case

is stronger than in the other caer, and 1 think there is something for defendants to meet.

position of giving the secrets of the bank don't want any conquests; we only want away. Counsel said that Mr. McKean to be allowed to exist. Unfortunately, had agreed to ask no questions exccut we have had hitherto only defects in about the £70 draft referred to in the Serbia and now wo hope that another charge. Counsel we accordingly, quit campaign against Serbia will be victori- satished that a witness from the bank out. We must obtain this victory," |should give evidence.

The correspondent finally asked Count

J. Reitsma in charge of the inward Andrassy about the Triple Alliance, and bills department of the Netherlands the Count terminated this curious and Trading Society, questioned by Mr. Me-in some way contradictory, interview by Kean, said the defendants were customer stating:-

We desire peace and a good under-

of the bank. On January 6 of this, year

a credit was opened by defendants for standing with all nations, including Mr. Platt-On behalf of my clients I £2.000, which was advised to Amsterdam Italy, but in policy you se you must

January 11th, would say that we-admit-without know.

Witness though the always be prepared to be deceived, aad we shall perhaps have ing we were breaking any King's regula receipt of the letter had been acknowledg. after this war

Witness bank was in possession of trouble with out allies, but no war, as tions having broken the regulations in that respect. We admit the charge a draft for £76 drawn by Kanetz & Co. another war immediately after this one!

on the defendants on February 5th. The is impossible."

ect.

OFFICE.

NEW END UP-TO-DATE

PLANS OF THE SI-KIANG.

WEST

OR

BIVER

PRICE ONE DOLLAR.

Giving all the Important Towns en route OM CANTON to WUCHOW

Hongkong, 5th April, 1913.

JAPAN LIJN

REGULAR FORTNIGHTLY SERVICE BETWEEN

JAVA, CHINA AND JAPAN.

EXPECTED

130

WILL LEAVE YOR

ON OR ABOUT

FROM

ON OR

ABOUT

JAVA

2nd half of

May.

* TЛMANOEK. TJIĻATJAP TII PANAS...

JAPAN

26th May.

JAVA

29th May.

JAVA

25th May. SHANGHAI & JAPAN

1st June.

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4th June.

15th June.

JAPAN

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lat half June.

2nd half Jane.

Wireless Telegraphy.

The Steamers are all fitted throughout with Electrio Light and have recommedation for

a limited number of Falcon Famergers, All steamers carry a duly qual fied surgeon. Cargo taken at through rates to all posts in Netherlands India and Australia.”

For Particulars of Freight and Pantage, apply to the hom

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THOS.

JAVA-CHINA-JAPAN LIJN.

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505