1916-02-29 — Page 2

Page

INTIMATIONS

THE HONGKONG DAILY PRESS, TUESDAY, FEBRUARY -911, 1016,

MOUTRIE PIANOS

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an unequalled reputation for tone, touch,

|

artistic construction and lasting qualities.

GUARANTEE

for

FIVE YEARS.

CASH OR EASY TERMS.

MOUTRIE'S

TO LET FURNISHED.

From Mid-April, 1918.

TO LET.

RAIGMIN HAST, 160, PHAK. Moderate OFFICES in Queen's Building

CRAIGNTY

Apply-

28,

Apply

TE. DEALY,

Craigmin Est, or

Queen's Coilogo.

(340

Hongkong, 28th February, 1916.

TO LET AT THE PEAK.

FURNISHED,

No. 3, Mountain View.

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H. POLLOCK,

Princes Buildings. Hongkong, 26th February, 1916.

[33a

FURNISHED FLATSĮ THE Undersigned are prepared to furnish

Road) Flats to suit intending tenants. There Flats have first-class appointments which Include English Esths and Kitchen ranges, bos water supply and water closets. They are of two kinds, viz.: Flats with 2 Bedrooms and 3 Sitting Rooms and Flats with 3 Bed- rooms and 1 Sitting Room. The latter are specially suitable for Bachelors. Arrange mente could be made if desired for the use, in common with certain other tenants, of the Adjoining frosh water swimming bath

Apply to

43

100-2

THE HONGKONG LAND INVEST "MENT & AGENCY CO., LTD. Hongkong, 8th December, 1925.

[108

TO LET.

TRADING WITH THE ENEMY. Mr. Wilkinson said that according to the

MESSRS, ARNHOLD'S APPEAL ALLOWED.

In H.M. Supreme Court, Shanghai, be fore Sir Havilland de Brusmanres, Judge, February 21st and sand, Messrs Ars hold appealed against the dealsion of the Judge at the British Consular Court at Hankow, convicting them of trading with

the enemy.

Mr. D. McNeill, with whom was Mr. H. G. C. Bailey, appeared for the appellants; and Mr. H. P. Wilkinson, Crown Advo- cate, with whom was Mr. A. G. Momop, for the Crown,

Motion the sumugos pris taken to the piano,

COMPANY REPORTS.

business of Messrs. H E. Arahold at Hagkow and left with a person spparently HONGKONG AND WHAMPOA DOCK

CO., LTD above the age of fifteen. That was all that's Lad to be done,

Mr. McNeill claimed that no person Subject to audit, the Directors of the directly concerned in answering the charge iongkong and Whampoa Dock Company, had had notice of it...

His lordship said that he felt very grave Ltd., will recommend the payment of a doubts upon the question of the service of dividend of 35 per share, which will absorb the summers. If the service were bad-he would not say that until he had looked into

$200,000.00; write off about 880,000 for

it seemed to him that the whole pro depreciation of plant, etc; pay a honus of seedings, would be yoid ab initio and it would not be a question of quashing the 10 per cent, on salaries to the European conviction but for the Crown, if they were staff; and carry forward about $300,000. so advised, to proceed de novo.

LANGKATS.

Meser Benjamin & Potte are in receipt of the following telegraphie advice from their Shanghai Office:---

Mr. McNeil) submitted that Mr. Marker for the defence had given a reasonable ex- planation as to how the gunny hage came into the possession of the defendants. The learned judge had assumed that the receipt of the gunny bags by the defendants had romoved the onus of disproving guilty knowledge to them, instead of leaving the proof of mens rea with the prosecution. He submitted, however, that nothing more had been proved than that the gunny bags had been received and that it would be for the Crown to prove that the obtaining was guilty. The same remarks almost applied" BATTERY ON THE MARCH." to the question of the tarpaulin,

FAR EASTERN MEN AND THE WAR.

It will interest friends of Mr. H. A. Britten, late of the China Mutual Life Insurance Co., Shanghai, to learn that he is serving with the Australian Forces, has been twice wounded and is back again at the front for the third time,

Major Percival Ernst Knapp, 51st

in the operations for the Relief of Peking Sikhs, who has been killed in action, was (1000). when he fought in the actions n Peitsang and Yangstun. He was decorated with the China medal with oleap.

With reference to the death of the Rev. James Robert Stewart, it may be recalled that both Mr. Stewart's father and mother. word Church Missionary Society mis- ionaries in Focchow, had both were

murdered in the disturbances at that port ia 1898. Chaplain Stewart himself, who Langkat Dividend, Tis, 1; Profit on Oil, was the third son, was killed by the burst- Tls, 437,506; Profit on lovestments, Tls.lag of a shell while conducting the

funeral of a soldier. 3.901, Proft on Rubber, Tis, 185,850.

Ohi for the horseran's pride of place Who with the Battery rides. Dauntles and gay with smiling face Whatever him betitles.

The music of the trampling houts And the rumbling of the wheels Spreads throughout bis spirit The triumph that he feels.

Mr. MeNoil said that the charges, brief ly summarized, were:-First, of obtaining sunny bags, second, of supplying tarpaulina, and, thirdly, of paying for electro áttings. Counsel complained that the charges of which the defendants had been convicted. had been laid against the firm, whereas all the recent prosecutions, at home, of trading

Mr. Wilkinson, replying on behalf of tho with the enemy had been against the Crown, submitted that firms and persone Fons or partners concerned, He did not becould be proceded against and. had been love that the charge was well laid against proceeded against for trading with the Messrs. H. E, Arnhold is a firm or that the enemy out here. It would be quite possible to have a registered British firm carrying conviction of them as a firm, our the charge, on business out here whose partaom were was reasonable Mens rea formed a neces- sary part of the proof of guilt; it lind not at home, with a neutral manager and then been proved, and he thought that went to where would the Crown be if it were only entitled him to ask for the convictics to could be proceeded against He painted out that they were not trying Mr. H. E. be quashed.«

Arnhold or his brother, but the firm of Counsel then explained that the firm of es II. E, Arnhold, trading at Han Messrs. H. E. Arnhold came into existence in this way Mr. H. E. Arnhold and Mr. Low. With regard to the question of ser C. Arnhold, brothers, were two partners invice they could serve a man who had cont mitted an offence either at the place where the firm of Messrs, Arnhold, Karberg & Co., the offence was committed or at the place the other partners being German. On the where the defendant would he found. The outbreak of war Messrb. Arnhold com menced business on their own account, tak proper Court in which to make a charge ing over the export business of Messrs against Messrs, H. E. Arnhold, a firm in Arnhold Karberg & Co., under the firm Hankow, was the Court in Hankow

Counsel then proceeded to argue that in. name of Blessre, H. E. Arnhold.

hibited by common law, was not only a question of buying and selling. Buying and selling were put down as separate mat- ters, but there was also that which was described as infra commune, and that was what Messrs H. E. Arnhold had been charged with and what they had been found guilty of.

the whole root of the matter and, along the individual members of the firm who Itapon wields an untold pawer

!

The

TU. 11, GAGE STREET, from Ist Janās, arrangements were disclosed to the author tercourse with an enemy, which was pro-

1916.

Apply to-

J. VINCENT BRAGA, “ Toro Kissa Kalaba. Hongkong, 18th November, 1915, [100

ities. The taking over of the export busi ness and the taking of certain parts of the premises and leaving others was done with the consent and approval of the British authorities. It was a difficult position and one almost impossible to realize, except under offeisl auspices. The firm of Messrs, Lowe, Bingham & Matthews were appoint supervisors to the firm in September of Terrsos, last year, and therefore not only were the authorities cognizant of the arrangements. and the close contiguity which necessarily AFTHE HONGKONG LAND INVEST-ted from it, but they had appointed a supervisor to make sure that no ill-results followed from the arrangement which they had sanctioned,

A HOUSE

Kowloon

TO EFT.

Knutsford

“MENT & AGENCY CO., LTD. Hongkong, 24th October, 1915.

Apply

[37

AVENSHILL EAST, Fark Boed, PHUMPHREYS ESTATE & FINANCE Rontaining on, Fark Boad, Serra Gizarters, &s. Vacant 1st November.

DEACON, LOOKER DEACON & Hongkong, 19th October, 1915.

Co., LTD. Alexandra Buildings. Hongkong 26th January, 1910.

[205

TO LET FURNISHED. 10. 5, MORRISON HILL. 8-Roomed No.5

Vacant from 1st March.

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HARRY WICKING & CO

Hongkong, 3rd February, 1916

TO LET.

[235

splendid set of OFFICE ROOMS on the First Floor of No. 10, Des Yeux Boad Central (above the Robinson Piano Co), comprising Three Large Aud Two Small Room with Outhouses and Ferrants' Quarters. The Premises are being thoroughly repaired and *renovated. Centrally located in the vietuity Beat of the Banks and Shipping Ofoen. moderate.

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MOW FUNG & Co., 10, Des Voeux Road Central Hongkong, 19th February, 1916.

HARSTON.

(00

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FFICES at 8, Connaught Road.

OFFICES in King's Buildingu. OFFICES in Des Vox Rod Central,“ HOUSES in CLIFTON GARDENE, Conduit Road,

NEW HOUSES in Broadwood Terrace. HOUSES at the Peak. No 1. MORETON TERRACE, Camway Bay

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THE HONGKONG LAND INVEST MENT & AGENCY Co., Lev. Hongkong, 4th November 1915.

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ASAHI

la

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Option of Messrs. Radocker & Co.

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THE HONGKONG LAND INVEST- MENT & AGENCY Co., LTD,

[295

Hongkong, 17th February, 1918.

TO LET,

YOB. (and 10 MOUNTAIN-VIEW.

N° Pa

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M. J. D. STEPHENS..

197

Hongkong, 19th November, 1915.

TO LET.

TWO HOUSES in "STONEHENGE":

TWO

No. 8. Robinson Road. Newly done-up

and remodelled..

Fach House contains downstair Two Good

Booms and upstairs Three Bedrooms, moh with

Bathroom.

Outhouses and Grass Tennis Court.

Shortly available for occupation,

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DAVID SASSOON & Co., LTD.

Hongkong, -22nd-December-1915,

TO. LET.

-₤112.

WO ROOMED FLATS in Nathan Road,

Kowlood

THREE-ROOMED FLATS in Humphrey's Buildings, Kowloon.

DAL NIPPON BREWERY

Mr. McNeill went on to deal with the judgment and its reference to the various charges decided upon. He pointed out that with regard to the first charge the guy bags, has criginally belonged to Messrs. H E. Arnhold. They had passed to the defend and Messrs. Arnhold, Karberg & Co. were returning to the defondants that which already belonged to them. With regard to the second the defendants had handed back to Mowers Arnhold, Karberg & Co. tarpau- 'ins which belonged to them. They had been obtained when lighters had been leased from Messrs. Arnhold, Karberg & Co., and, when that arrangement was put a stop to the lighters were returned with all their fittings except in the case of one, when the tarp line in question were retained in ons of de- fendanta godowns and subsequently return ed. The judge, ho claimed, had practically admitted that he was making his finding upon the ground that the thing done was actually handling back to Messrs, Arnhold, Karberg & Co. goods which actually be longed to them. With regard to obtaining electrical fittings from Messrs. Arnhold, Karberg & Co. the defendant had pleaded guilly, but the ples had not been accepted and the case gone into. They had thought that they were entitled to do what they did under the King's licences. It was a cash transaction under the King's licence.

ants when the export business was taken over

J

His lordship You are not allowed to take your own property from an enemy?

is the Gunner's pride

Toward the foemen gide To hear the shrieking Shrapnel shell His horse it shares his fondling cars: And loves bis master well Together they their dangers bor When duty casts its spell. Perchance foul death may cast his breath Upon them as they stand, To stay the horse'a gallant stride His master's bridle hand. His face is kren and stern The Battery's Major leads the way Come Fullow him who dare and my The art of war to learn!

T. J. WILSON. Hongkong, 25th February, 1916

"THE ANGEL IN THE HOUSE,"

"The Angel in the House," the brilliant comedy which the A.D.C. are producing next Saturday and the following Monday n aid of the Blue Cross Fund has been described as a Gilbert and Sullivan opera without the music-lively, light-hearted, agreeable.

Mr. Wilkinson-It would come to that. His lordship-That is ridiculous, surely Mr. Wilkinson explained that even that might place the recipient under an obliga: rion to the enemy which he might be called

The caste is as follows:-The Widow in upon to repay. With regard to the gunny the House, Mrs, Gompertz, The Peaches bags the judge had given a pertinent find- in the House, Mrs. Worcester and Miss ing. He did not take it for granted, nor had he it before him that the gunn hagskoebe May; The Silly Young Ass in the even formed a portion of a large number House, Mr. A. M. Preston; The Nuisance in the House, Mr. H, E. Muriel; The which had gone to Changteh. He had been come down from that place and also doen- The Angel in the House, Mr. W. Sinclair There are two beautiful sets-one, an old given verbal evidence that the bags had bare in the House, Mr. M. 8. Northcote; dence that they had ever been sent there. ball in a country house; the other, a Temple mentary, but there was only verbal evi- The judge had in mind that the onus, which an island in a lake both of which have had been placed upon the defendants, had been designed by Mr. W. A. Cornell,

The booking for both performances has not been discharged. He submitted that the decision of the learned judge was right, been very active, but there are still a num that the onus had been shifted to the deber of good seats left for the second night, and those wishing to witness this bright fendants and that it was not discharged.

fantasy are advised to secure seats without further delay,

His lordship pointed out that he had ready expressed his view that the whole of the proceedings on the third charge were marked by many irregularities, for which a gentleman in the position of the magistrate result that far away from here there was was to be entirely excused, because it was published in newspapers reports of the a dificult case to handle, but with that it seemed to his lordship very much better trial, with the results that it would nece that the case should be tried de novo if thesarily have upon the public. If there was be said that it was occasioned by a certain irregularities were such as te vitiate the any resulting from that trial, it must proceeding

error in precedure, namely, the removal Mr. Wilkinson added that he did not of the case to Hankow from the Court here. submit any mens rea except as to the re- His lordship reserved judgment sponsibility of Messrs H. E. Arnhold for In giving judgment ids lordship hold the manner in which the business of the that in the circumstances of this case a branches was being carried ont. What was summons served on an employs in Han behind the question of service? The de-row on January 31st could not possibly be fendants had been served, they had been he notice to a defendant resident in Shanghai The evidence did not support the case, before the Court the case had been tried and, of a trial on February 1st. Therefore what cause it cluded ovidence which the lestn-unless there was some regularity, which the magistrate in effect did was to issue a ed judge improperly admitted and its imprevented justies being done, the case summons to the firm of Messrs. H, E, Arn- BEER admission vitiated the other eri-hould not be sent back. Justice had been hold and then, try somebody else. The con- lence In the concluding paragraph of the done. The magistrate before whom the casevictions must be quashed,

was tried had not been called to the bar, As regards the individual charges it is Ludgment it was distinctly admitted by the judge that he allowed matters to be proved but, if his lordship would allow him to say not necessary for me-added his lordship — hefore him which were not, to use his own, his judgment had the merit of being words, matters which had a direct bearing me of the most sensible judgments of upon the case, The only matters which a lower Court, that he counsel, had had to party was entitled to prove in any case deat with were those which were relevant.

CO. TUKIO

JAPA

"

Mr. McNeill in the course of his reply said that the defendants had been convicted of trading with the enemy because a man

HONGKONG VOLUNTEERS.

CORPS ORDERS BY LYDOL. A. CHAPMAN, V.D.

MONTHLY REPORTS. 1.The monthly state is required aį, the Orderly Room not later than 5 p.m." to-day 29th inst

..

ENGINEER COMPANY. 2.--The following extract from Orders by Chief Engineer, China Command, is published for information:-

The undermentioned members of the Engineers Co. H.K.V.C... Are raised to the "Proficient Date of Engineer pay, with effect, froni 11th February, 1816,

ELECTRICIANS.

No. 1454 Sappor Haigh, No. 1721 Sapper Oswald, No. 1932 Sapper Smith, No. 1921 Sopper Old.

MUAKETRY.

3.-Musketry, Recruits' Course, Part II, (Standard Test), will be cared out at King's Park Range as follows:- Saturday, 4th March, 2.30 p.m.-.

Right Section N, G. Co. Sunday, 5th March, 9.30 a.m-Sø

Co

་་་་

O.Ca. concerned will take steps to on- sure that every recruit of their Com- in the pamy or Section who is Colony, fires the Couree on the da

Corpl. Grip arranged above; B.E.. will attend and N.C.Os. of the units having men firing will attend to assist him. Uniform (dril order) to be worn,

.

The Officer in charge of the firing point will check the ammunition both be.. fore and after firing each day. Officers on duty at firing point-

March 4th-Licut, Kennett, March 25th-An Officer of the Scouts.

Company

Officer on duty is butts:-March 4th

Lieut. Weall. Officer on duty in butts:--March 5th

-Livut, Rees.

FARADIS

4-Parades for to-day (Tuesday)—

7.00 sm. Member of Signalling See- tion and other Signallers, as detailed in Signalling Section order dated 9th December; 1915-More fog praction at Headquarters,

5.10 p.m. Centre Section M, G.. Co.-- M. G. Drill at Kowloon Docks. Launch leaves Statue Pier at 130 ....p.m.

5.15 pm, No, 1 and 2 Sub-Sections. Arty, Batty, (as detailed in Corps Order No. 4 dated 30th December, 1915)-10 pdr gun dril; at Headquar ters. Sergt. Bradley, R.G.A.. will attend.

5.15 p.m. Right Section M. G. Co.

Section drill and Muskotry exercises on Cricket Ground,

3.15 p.m. Left Section M. G. Co.- Machine gua drill as Headquarters. 5.15 p.m. Recruits of all units Squad drill and Rifle exercises at Headquar ters under 8. M. Highy and one N.0.0. from Right Section M, G.

Co

5.51 p.in, Stretcher Bearer Suction-

Instruction at Headquarters,

DETAIL.

B-Da duty until morning of 3rd inst.-

H.K.V.R.

G. E. STEWART. Capt..

Adjutant, H.K.V.C..

HONGKONG POLICE RESERVE.

PLATOON PARADES.

Tuesday, Feb 29th-No. 2 Company (3rd)

and 4th Platozik.) Wednesday, Mar. 1st No. 3 Company

(1st and 2nd Platoons.) (3rd and 4th Platoons,) Thursday, Mar. 2nd.No. 3 Company

and 3rd Platoons.) Friday, Mar. 3rd.-No. 1 Company (1st

SUMMER UNIFORM,

to say anything, but I may add that I think the magistrate was right, in kis low, which is all that concerns me, on the charge of sap- plying terpaulins, and that his construction of the word" obtain" on the first akarge Mr. McNeill then raised the question of

as to gunny bags was also correct. I do the service of the summons and pointed out

not agree with the contention put forward that Mr. H, E, Arnhold did not know the in their employ, nearly a thousand miles by the Crown Advocate that an innocent proceedings wore being brought. The firm away, without their knowledge and the taking of one's own goods from an enemy in Hankow was served upon January 31 an Enowledge of the man in charge, did the can be held to be an offence against the the case heard upon February 1st. What things with which they were charged. Far regulations under which the charge was was the reason for this particular method from being one of those cases where mens made. The magistrate was evidently of of procedure he asked, AMA rea was presumed until the onus was die opinion that he was bound to acquit the His lordship remarked that he did not ses charged, it was one of these grave and seri- defendants if he was satisfied with the ex- how the summons was served; there was no 11s cases where it was incumbent upon planation given by the witness, Marker, firm in Hankow. If a partner had been the Crown to prove guilty knowledge where of this transaction, and I think he was served, he would say that the service was it was an essential part of the offence right. But I am of opinion that he was good, and unless one had been served be charged. On the question of service, the wrong in holding that the onus was on the No. 2 Company will attend Central Sta would say that the summons was wrong. He jaw of England was known on its criminal defendants to satisfy him that his story wanted to know what the exact circum.side, for its extreme common-sense which was true. If he disbelieved Marker's story Jistinguished all its procedure; and one he was right, but he does not go so far as stances of the service were.

Mr. Mossop said that on January 29th of the provisions, which was well known that, he says only that he was not satisfied. the gentlemen given a search warrant and one which was most essential to the He calls the story plausible; to be plausible searched the defendante premises. Certain iberty and preservation of the rights of it must certainly be reasonable, and it books were removed from the company's he subject, was the nobody could, in a would seem on the authority of 'Rez v. premises and on February 1st the first two general way, he convicted of a crime in his Schama, recent case of which I have charges were framed and served apor Mr. absence, unless dus notice had been given only seen a note in the Current Digest, Cooper the representative for the defend him and he had refused to appear. Assum hat, the onus still remaining on the Crown ants in Hankow. He appeared in smwering that Messes, H. E. Arnhold could have to prove a guilty intention, he was not to the summons the following day, when been served in Hankow so that the entitled to reject a reasonable explanation

Snartner in Hankow might be fined unless he disbelieved it. the summons was made returnable.

The defence in the third case as to the His lordship, having been told by Mr. or otherwise punished for an offence,

reaso able not for the electrical fittings depended on the construc- McNeill that there were two partners in the was that a defendant firm, remarked that surely the purpose of bringing the summons to the tion of the licence. I prefer to express no case was at an end, for it seemed to him notice of Mr. H. E Arnhold or his brother, opiman on it.

Mr. McNeill applied for costs that the defendants had not had notice of he was in London? He submitted that t

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HUMPHREYS ESTATE & "FINANOS

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SOLE AGENT;

MITSU BUBSAN KAISHA.

HONGKONG.

tion for measurement as follows:--- No. 1 Platoon; §.30. No. 2 Platoon, 5.45. No. 3 Platoon, 8.00. No, 4 Platoon, 6.15.

MAXIM HUNTERS.

Station at 5.20 p.m. sharp on Wednes Will attend for instruction at Central day, March 1st, and Friday, March

The attention of Platoon Commanders is drawn to orders of February 25th and 26th The Roll Books previously in use are at this office.

F. O. JENEIN, D.S.P (I.)

as not. Where a eas of the very first His lordship said he did not think he Mr. Wilkinson-The firm of H, E. Arn-moortance to the firm implicated was was entitled to award these He did not

The Hestia learns that there have arriv hold is registered in Hankow

trought, he thought it was very real in think costs were given in such cases as His lordship I don't know of any suchsion to take it from the Court here, those in England. So far sy it weat hted in the Salonika ling two Bulgerian where it would have come before a trained ad upheld the magistrate in one case, roficers who profess to have deserted be register to my knowledge:

Mr. McNeill-There is no register in tent and one who was often getting versed him in another and as to the third cause they had been condeinned to death

villages. Hankow and we are not registered there, if Lig cases before him, and take it up the he had expressed no opinion. He woull, for refusing to set fire to seven Serbian there is one

river, with more or less secrecy, with the therefore, mak, no order as to costs.