1915-12-21 — Page 3

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„CANTON WITH A “K.”

ENEMY TRADING CASE AT THE MAGISTRACY.

T.K.K. FINED $230.

The Tayo Kisen Kaisha Steamship Con -juny_ware dummoned at the Magistracy

yuterday for alleged trading with Albers, a German subject resident in Can ton, by obtaining ʼn parkage from him for transmission by the Dhiren Maru.

Mr. G. N. Orme #ppeared on behalf of the Crown, and the defendants were 10- presented by Mr. E. J. Grist,

TAR HONGKUNG DAILY PRESS QUESDAY. DEUEMBER 21§T. 1915.

were sometimes permitted to accept ship ments from a firm having a German name while sometimes they were not allowed to accept shipments from firms having ri tish names because they were faked or mis

ALLEGED ENEMY TRADING, THE CASE AGAINST THORENSEN AND COMPANY"

At the Magistracy yesterday Mr. Haze-

UNABLE TO PAY DEBTS. CHINESE INSURANCE COMPANY

WOUND UP:

C

leading. He believed the authorities and again had before him the es in for an order of the Court for the voluntary YOZA

A the Supreme Court yesterday, an application was heard by the Chief Justice which Messrs. Thorensen & Co are winding up of the Yuen On Insurence, now preparing a Est for their guidance

Exchange Loan and fredown Company, of Mr. Orme said that the name of Alber, charged with trading with the enemy. appeared in the Wirret ry and Chronicle Mr G N Ormo, of the Crown Solici-134, Bonham Strand Hongkong..

The application was made on behalf of under the German Consulnto at Canton,tor's Department appeared for the the Company by Mr F. C. Jenkin, who prosecution, and Mr. F. C. Jonkin aid there was no opposition, Mr. Shen don had appeared in Court on behalf of instrooted by Mr. Preston, was for the number of creditors on the previous defonée,

occasion, when a date for hearing was being fixed and he had had nothing to say been passed by the shareholdere for the against the application, à resolution had winding up of the Company,

and also in the list of foreign residents,

Witness--Wo never turned up this Directory, but I know now that ho is in the German Consiliate at Canton,

Mr. Orme--You consider that the pra crutions should have been taken on the first voyage —Yes.

I

His Worship-The Churics Nardoura is

Mr Orme mentioned that in the case of the charge against Carl Jensen the summons had been taken out before they knew the facts of the case. He was the Mr Joukin added that the Company writer of the lotter and they did not which was owing to the arge number of was insolvent and unable to pay its debts, And in this ense you expected that preow whether Thorensen & Co. w

would claims made upon it by reason cf fires at cautiong would have been taken on the

accept responsibility. They were now Canton. The available assets were 820,003, voyage by the Charles Hardouin ?—Yes;

and there was also a sum of $40.000 dr proceeding against Thorensen & Co.

for unpaid capital, but the larger part did.

Mr. Jenkin asked if the summons of that sum was not recoverable. There

Mr. Orme said it would be. The summenced in the course of the next few days. Company and some mire would he com. Mr. Grist-It belongs to a local Commons was for trading with Pasaday & Co. In the circumstances, the directors felt that pany, I should not like to say of what The actual offence was that of supplying it was only just and equitable that the. rationality.

Company should be wound up and the Mr. Orme-Your assumption that Albersive cases of petrolcam stoves to Pascdagaszet propery distributed under the supervision of the officials of that Court. That was done with the idea that the whole of the credit;ry would be properly treated in the distribution of the assets. They also applied that Mr. C. A d2 B-21 should be appointed Liquidator. His Lordship made the order.

INTIMATIONS

LANE CRAWFORD&Co.

(ESTABLISHED 1850).

(TELEPHONE 1743;).

HAVE A LARGE SELECTION OF THE

LATEST NOVELTIES IN

INDOOR AND

OUTDOOR

GAMES

now a Chinese ship. It used to be French gainst Carl Jensen would be withdrawn, were several actions pending against the WAR GAMES, TABLE GOLF. RACE GAMES. ETC.

was not a German was made somewhat easier because you have agents always in the parts from which you receive goods?— In this case there was a departure from the usual procedura that is not infrequent. It did not come through our agents in Canton.

& Co of Amoy. It was anderstood that the stoves came out from Home, but as far as they were concerned the goods went out of British protection and passed! to Pasedag & Co., who were Germans,

Mr. Orme said the summons against the T.K.K. was for receiving a parcel from Cantros transmitting it by their steam ship line, that parcel having been sent hy an enemy subject în Canton, named. E Albors. The facts, he would prove, wero In the mar Albore wrote a short mem- randum to the defendant Company's Hongkong office, saying that he was send ing a parcel of goods which were to be transmitted to New York through the To Kisen Kaisha; that the parcel dulf arrived and was transmitted by the d fendants by the Dairen Moru, bound. for San Francisco. On the following day Albers se sent a post-card with further

Inspector O'Sullivan spoke of visiting reference to this parcel. He would submit.

the offices of the defendant Company on on the point of negligence, that a careful

November 3rd. He saw Mr. Janson and reader of the notes would have come to the

the Acting Manager, Mr. Olsen. He conclusion that they were written by a

showed them two bills of lading, a bill German For instance, the word Canton

of exposes and two letters, produced. was, speit with a “KThe first lette

Mr. Jansen admitted having shipped the as dated the 20th October. 1915, and the

Mr. Orme--In this case you communi- articles detailed in the documents pro address given was 40, British Concession,cated with your agents after you and sent duced. Witness asked Mr. Olsen about Sameer. It informed the Company, of the package 1-We turned the bills of the documents, and he admitted that they fe sending of the parcel by the Charts Lading over. In the first place I judged were written by his Company. He also Hardouin, and said that freight would that this would be a missionary's per-admitted that the first bill of lading paid aither at the destination or, if needs sonal effects, simply on account of the par related to goods which had been shipped kary, by himself. The post card, which cel coming through in the way it did. to Amor by his Company Mr. Jansen lowed practically immediately, read "Persons in Canton knowing our agents German firm; Witness asked him why the admitted that Pasedag & Co. were a forgot to state that the contents of the pac would give parcels to them, but mission goods were consigned to order, and e shipped to lay are purely personalaries not knowing them would send their topfied that if they were consigned to Pasedag & Co. no shipping Company effects,"

package direct. There is a further point would accept them.

Questioned by Mr. Jenkin, witness said were shipped by Duff & Co., Gottenberg, Sweden, to the Fukien Drug Co., Amoy;

His Worship-Could you not have exer csoda little more case and looked up this Directory 2-The bulk of our cargo is tran shipment cargo a

AT THE MAGISTRACY.

CHARGE AGAINST TRAM

A CONDUCTOR.

Boforo Mr. J. B. Wood, a Chinese tram conductor was charged with defrauding the Hongkong Tramway Company by sell- Bg old tickets

A tramway inspector stated that defen- dont said he had lost money by gambing and had little wager left.

His Worship sent defendant to go for six weeks,

u

DARING THEFTS FROM MESSRS. POWELL, LTD.

Mr. Grist-These letters had apparent I would like to make. The bills of lading that he was not aware that the goo On the latter occasion, however, he wis

ly been delivered to the Toyo Kisem. Kai- sha; and they had come through the ord

were sent through the post to our agents at Canton, and, we know perfectly well

the side entrance to the shop of William Last Wednesday a Chinese darted into Powell Ltd, seized a felt hat, and ran off with it.. He repeated his trick on the following day, and, again on Saturday.

arrested. In his possession were found observed by a Chinese detective, and

fendant was yesterday sentenced to bats, which he admitted stealing De month's hard labour *****

raty post u the ordinary way. Now that we are not permitted to communicate he had not seen the manifest? pawn-tickets with respect to the other two

now quite well that the Germans are not allowed to communicate with. Hongkung by the ordinary mail from Canton, and get this memo, and post card Came through the ordinary mail and were de livered to my clients. They were sent back to Canton by my clients to the agents, and it was not until the note, word sent back that the Crown got them

with an enemy in China.

Hig Worship Do you say, Mr. Grist, that the prosecution has to prove mens ren ?--I should think it is for the prose tion to prove, perhaps not men rea, but at any rate culpable negligence. At any rate this is not a case in which there could be any prezumption of criminality.

way

H's Womhip-Oh, ne, of course not. Mr. Grist said his clients had in no. heen negligent in these things, and they had done all they possibly could. There was nothing in Albers writing to put them on the spent. The letters were posted in the British Concession, and the Govern. many officia's in the Post Office had passed tham and delivered them.

His Worship That point is in your favour, I must say,

Mr. Orme said he regretted that he could not agree with his friend when he said

Mr. Ormo said he admitted that. Mr. Grist--The point I wish to take is that there was good. reuson for the defen dant firm to suppose that Albers was not n German. We have for a long time past takon all precautions that wo possibly

uld not to ship any German cargu, A representative of the defendant Con pany, deposed that the memo, and post card carse simultaneously to him through the post. The parcel was about alls, this was a case where the Crown should weight. At the time he received the parcel not press for a conviction. It was most he had absolutely no knowledge that necessary in a purt like Hongkong that we Albors was of German nationality. His should exercise all vigilance, and certainly inflict penalties where the law had been name did not strike witness as being neces either ignored or insuficiently regarded. sarily Cermar, because the Company itself Speaking of the procedute in the Post Office, he said that when letters came in had an employé of that name, who was an in bulk they were empiled on the floor, American subject, in the office at Sun and minor officials had orfors to separate Francisco.

roughly letters, and sometimes post-cards, which seemed to require further Inspection by Ligher authorities, who exercised the power of Censorship. In the first journey of the post-anrd and the memo, there was negligence on the part of junice officials Chinese postmen-in that they were not seem until the second time when they came back under cover. He submitted that the Crown should not be compelled to prove mens rea. As to negligence, his Worship would have to consider that in regard to the penalty. He thought defendants should have seen the Directory and Chronicle, He thought also that in the case of a private communication from a place where a firm had an agency they should first consult the agency when there was a possibility of doubt. That there should not have been any possibility of doubt was incredible. There was Canton with a K" for instance. In regard to the statement that the Company had stopped 5,000 or 8,000 tons of cargo, Japan expect an Ally to be more careful than a -neutral

Mr. Grist-As a matter of fact you have refused a good deal of German cargo, have you not Yes, I should estimate it at bo 1vcen 5,000 and 6,000 tons..

And you take all possible precautions to ut out, German cargo 1-We do, Mr. Ormo progooded to peruse a copy of the Directory and Chronicle for Ching, Japan, 6, and witness said that he did not look through the Directory.

Mr Jonkin-But one of the exhibits put in by you shews that. You have heard of the Fukien Drug Co," before, have you not, in connection with an enemy trading case-I have,

IMPRISONMENT FOR A THEFT.

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and Turner figured as complainant in a This Cigar is made of the finest selected SUMATRA TOBACCO

out who they arel-No: Witness added But you have not endeavoured to find

A servant employed by Messra, Palmer that according to the bill of lading he saw larceny case at the Magistracy yesterday. the goods were consigned to order."

Mr. Jenkin repeated his query as to complainant's quarters on Sunday night. It was stated that the defendant slept in whet whether Inspector O'Sullivan had not and was observed going away with cer been made aware, during the preparation tain of the latters property, including a of the case, that the goods were being silver watch, a jacket, socks, and a consigned to thy Fukien Drug Store,

Witnice replied that h had

cap. as well as a pair of shoes belonging heard

to another foki. He was stopped by an something about the Store. Answering further question, witness said that he did Indian watchman, employed by Messrs. not know the goods came into the Colony 4. S. Watson & Co., and taken to the by the s.s. Arabien, of the East Asiatic station by: L. Cotton. Mr. Wood seat Company, but he had been informed that the man to prison for six weeks. the defendant firm were the agents of that Company here; Mr. Olsen and

Mr Jansen ST. VINCENT DE PAUL told him go,

SOCIETY.

Mr Jenkin then asked if Pasedag & Co were abt the agents for the Aust Asistic Company in Amoy-Witness: 12- plied that Mr. Olsen informed him that they were,

asked if this did not show that the total Mr. Jenkin produced a document and amount the firm made cut of the whole transaction was: 25 cents Witness re plied that he was unabin to say this; they seamed to have made so much percentage on each package.

Do you know that the deferidaait firm had permission from the Superintendent of Imports and Exports to export thess goods 1-I do know that

Do you know that all the defendant frm did was to tranship these goods 1 From what I can learn they did tranship from Hongkong to Amoy the goods men- tioned.

have had in your possession for six Do not all the documents which you wocks show that the defendants merely transhipped those goods. They do shew that they were transhipped for forwar

lave pou ever heard of goods being transhipped without being forwarded It is not the usual thing. (Laughter.)

Are you aware that the defendant firm were merely transhipping for their prin cipals in Sweden, goods which were being forwarded to Amoy These papers seems to shew that that was so.

SUCCESSFUL TOY BAZAAR.

The Toy Bazaar, in aid of the funds Society, took place on Sunday afternoon, of the poor under St. Vincent de Paul's under the patronage of the Rt. Rev. Bishop Pozzoni. The weather was bright, and the compound was gaily decorated with flags and festoons. The attendance of children was very Large The Band of the Polios Reserve, with the permission of Mr. F. 0. Jenkin, D.S.P., was in utter dance during the afternoon, under the conductorship of the Bandmaster I da Costa, and also the Orchestra Philar- Gonzalez. A monica, under Professor very pleasant afternoon was spent Toy those who attended.

We are asked by the General Committee Bishop and all the ladies' and gentlemen of the Society to thank His Lordship the who co-operated for the success of the Bazaar, and to all the members, both of the Band and the Orchestra, for their valiable services. We understand the proceeds of the Bazaar realized the sam of $400

The following is a a list of the various stalls:

GATHOLIC Was

STALL Mesdames, E. L, Rosario, E. Summers, J. O. Remedios, L. G. Xavier, the Misses | M, and L. Loureiro, Esther Xavier, Edith, Carvalho, Eveline Loz, L. Collaco, C. Rozaric, B. Castro, and Franco.

Mr. Grist-As a matter of fact you deat with a lot of cargo ! Yes, and if we spent der time booking through the Directory to He whether all shippers were or were not German the ships would never go. At thy time of the shipment concerned, we had four ships in port, We being the secon carriers accept it that the first carias our Ally, and one would naturally notification, said there appeared to have able supervision of Mr M F. Baptista

would have made the necessary investiga tions. We accept it as a matter of course.

Hit Worship Don't you know German handwriting -Yes, but Dutch is very

s'milar.

Mr. Orme The writing has a very Teu-

tonio aspect.

Mr. Grist—I might say that we have had the strictest orders from the Head

Mr. Jenkin referred to a Government Gazette notice which, he said, ghewed that prior to October 14th the Government recognised the lawfulness, of tranship ment. He also asked witness if he also did not think that this was so

Inspector O'Sullivan, after reading tho been a doubt on the subject.

My Jenkin-That is from your reading of it; I have no doubt on the subject. Do you know that when this Leiter (pro-

if

Toy STALL--The Misses Baptista, Miss J. Cardinor, Mrs. A. F. Osmund, Mr. & Baptista, Mr. and Mrs. A. C Rocha, Mr. and Mre. J. C. V. Ribeiro, and others,

Boy Scouts Ring and Balls under the

TRA and ReraeshMENT STALL. Mrs. A; F. Silva Netto Mrs Charlton, the Missen Burners, M. A. Rosario, Angela Alves (arabera of the Catholic Women's League), the Misses Barretto, Braga, Roza, and Monteiro (pupils of Italian Convent.).

Mr. Orme-Do you spell Canton with n Office to take every possible precaution, dused), written by Mr. Jansen, was not "K" -No, certainly not,

Mr. Orme concluded that the defendant answered by Pasedag & Co., Mr. Jansen Company had helped the Crown all they went at once and saw the Captain Super- BA-Mesare. A. G. Rocha, B. M. Cunha, could in the case, and has in no way tried, intendent of Police I have never been 4. V. Burros, and M. Hoon to thwart them. He did not wish to ask told that no SALAT, for an exemplary fine. Imprisonment had Again, do you know that, wondering

Most Lane, Crawford & Co hayo just Mr. Jensen took been asked for is nearly every case at surtaing was wrong, M Home, but, of course, the Cross did not with him the whole of the documents to received a consignment of dolls, each of which, being unbreakable, may be describ do nut know that.

All this before the summong was taken ever. That they will appeal simesti ba ed a thing of beauty, and a joy for about that out I do not know

Do you know that these five cases of foregone conclusion, so that those who So strongly to parents as to the children is a subject goods have been delivered to the consig- desire to give pleasure to the little ones nees by the Draka Shosen Kaisha, and at this festive season and at the same time were never touched by Paedag & Co. study economy would be well advised to

I do not know that.

obtain one without delay. For the con- venience of those desiting to make per- chases Mens Lane, Crawford & Co. are keeping their store open every evening this week until 'o'clock

sak for that in this case. Ap The letters were placed before the wit

His Worship-I have already expressed my views on the subject that it should not ness in the box, and he said the writing be incumbent upon the prosecution to did not look like German. The signature prove mens "rea. There was a certain was certainly not like a German signature. amount of negligence in this case, and most of the negligence was in not locking Witness emphasised that there were at this Directory. This law must be very American citizens. possessing the saun strictly followed, but taking all the points You have made inquiries at the Oszễn name, and it was very dificult for ship: justice will be antisfied by my ordering Yes, several times,

in this case into consideration I think Shosen Kaisha offices, have you not ring Companies to discriminate.

Thoy defendents to pay a fine of $950.

The hearing waz agtin adjourned.

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PHONE: 1687. Hongkong, 204h December, 1915.

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