1921-01-20 — Page 3

SUPREME COURT. [DKFORE HIS HONOUR TEB ACTING CHIEP JUSTICE (MR, 1. 1. J. GOMFERTZ),}

NEEDLES IN DISPUTE.

THE HONGKONG

INFRINGING A TRADEMARK.

·OHINESE FIEM SUMMONED,

The Chinese firm of Shi Cheong, of 10, Mercer Street, was before Mr. Orme at the Magistracy, yesterday, for having in their possession carbolic soap which infringed the trade mark of Messrs. Calvert & Co., Ltd., soap manufacturers of Manchester and Bradford, England.

ཟད་།

#PERSS

THE FAMINE IN NORTH

CHINA

A FURTHER OFFICIAL AFPEAL TO HONGKONG.

The following telegram has been ro ceived by H.E the Governor from Ha Majesty's Minister at Peking:

Warmest thanks for Government grants for famine relief. Millions are facing death from starvation. Avail- able funds are totally inadequate and "position now desperate. Money, urgent- ly required. Government earnestly begged to make appeal to people and open subscription lists in newspaper and elsewhere. Ten dollars saves life Expenditure under closest super vision. Kindly wire remittances periodi- cally for famine relief to the Treasurer, British · Legation, Peking."

The Colonial Treasurer will be pleased to Semit to His Majesty's Minister by- telegraph any contributions sent to hips.

THURSDAY, JANUARY 20TH, 1991.

SPORT

FOOTBALL

HONGKONG LEAGUE DIVISION 11.

RGA RES 28, PUNJABIS,

The RGA, Reserves-Punjabis match

postponed from Saturday last was played yesterday, at Happy Valley, when the B.G.A. won by 13 goals to 1.

In the first-half Kent (3), Veale (S), and Green (1) were the scorers for the R.G.A., who led at half-time by six goals to . In the second-half the R.G.A. added to their score, through Kent (3), Green (3), and Banley (1), and just on time the Punjabis replied once.

AVNITED SERVICES LEAGUE

HM9.- HAWKINS," 3 EAS

*TAMAR,”

The hearing was resumed yesterday of the suit in which A. F. E. Negre, trading as R. Negre, sued Joe Moraes for $7,760, damages alleged to have been incurred as the result of the failure of the

Mr. M. J. D. Stephens, solicitor, said defendant to take delivery of an order of BO cases of needles. The defendant sub be represented the complainants under a counter-claim for damages, special power of attorney to take pro- mitted a

ceedings in an infringement of their trade. amounting to 30,260.

The plaintiff was represented by Mr.mark. Since the proceedings were begun F. C. Jenkin, instructed by Mr. Crew; he had obtained the usual order to enter the defendant by Mr. Eldon Potter in the premises and the police bad seized ten cases of medicated soap bearing the structed by Mr. Hind.

The defendants were Mr. Jenkin, for the plaintiff, said that infringed marks. his pleading had been for the purpose nerved with a summons and a member of showing n sale of specific goods. He of the firm waited upon him and admitted denied that he did not open to that effect. the infringement, giving the name of a He did not use the words "specific firm in Japan from whom he bought the goods." but he opened with all the facts soap. He pleaded that he had been un- FIRE AT MESSRS. BAILEY &tarted the game and, after the ball had, besu in the meaning of the Sale of Specific aware that the goods were an infringe Goods Ordinance. The only question re- ment. The arm had agreed to sign an maining was whether, having opened and undertaking and to pay the complainants" proved, he had pleaded sufficient facts costs. Mr. Stephens said he proposed. to show that what was being relied on that the defendants should sign the was a showing of a sale of specific goods. undertaking in the presence of the Magis The plaintiff had actually seen the 50trate, and that the document should then canes of goods which he had agreed to be filed in Court. accept This was a sale of specific goods. The fact that the defendant had written Aletter directing that they be sold for ment. I will take it from the defendants, handicap the firm has suffered in the loss wards ran up, the ball struck him in the him showed that they were specific goods if you like, that they are willing to give and in a deliverable state.

His Lordship, said he thought it could be agreed that there was an acceptance when the defendant gave instructions to, sell. The difficulty was what he had not gathered from, the pleadings that A sale. of specific goods was claimed.

Mr. Jenkin said he had opened with the arrival of the cases of goods; that they were the only lot the plaintiff had; that the defendant inspected the lot; and that he accepted the lot. He had also put

The Magistrate: I do not think it is matter for the Court to fix the agres

the undertaking.

Mr. Stephens: I propose, if you will allow me, to file the document in Court.

The Magistrate: Yes, you can do that. I will enter the summons as withdrawn ju

the undertaking of the defendant. The defendants asked that the soap might be returned to them on condition that they erased the trade marks.

Mr. Stephens objected to that as the marks would not be easily obliterated He would agree if the soap were melted down, otherwise he would be condoning

had been very lenient in settling the case. out of Court he might have claimed damages, but the firm had come forward voluntarily so he did not press for

This match which practically decides the winners of the Lengua ended in a win for the Hawking by 3 goals to 2. The Hawkins

CO'S SHIPYARD,

fthed out of the nulish, a couple of times, Webb opened the scaring for them after WORK PROCEEDING AS "USUAL. 5 minutes' play. The play was very, fast and even and good work was done by the defence on both sides. Routlay, receiving Mesars. W. S. Bailey & Co.'s shipyard from the left, best Jenes with a cross abot does not appear to have suffered from and brought the scores level. No further the recent fire to anything like the extent scoring took place before half time and the

teams crossed over level. T

On resuming the Hawkins set up a deter appearances suggested to those unfamiliar with the yard. None of the plant,mined attack on the Tanier's goal and should have scored early in the second half. machinery and main workshops were It was leti, to Tamur, to take the lead, damaged by the fire, and the biggest for Adams sent in a fast shot that Jones pushed our and as one of the Tamar for-

has

**

of the offices and pattern shop with all face and rebounded into the net, From the plaas, documents and patterns. A new contro kick, the Hawkins again took up the attack, and the play was on the rough aïde. stone bäinlifg has been acquired for use A Tree kick against the Tamar, Almosă în as offices and is already equipped with the penalty line; was taken by Wilkins,

who sent into the net out of the reach of new office furniture. The firm, we underlich and again the scores were level, stand

great deal of work on Band, The play hereabout was very rough and and eight steel and seven wooden vessels injuries. The lacking pressed and Mitch several times play was stopped through are at present under construction in the saved well Webb, receiving a pass from yards on which work is proceeding a Russell, running at top speed, sent in a Wilkins, sent over a well-timed centre, and usual. The hulls reported burnt were hot shot which Mitch did not see The those of two small motor-craft, one of Harkins thus gained the lead. The Tamar them having but little more than the Hawking defence, playing the one back tried hard to level things up, but the keel laid. The firm's full staff is at work, game, kept them out.

army of coolies is engaged in clearing

all trace of the damage done will dis appear in a low days.

meat have so far failed to establish how

Inquiries by the police and the manage

the fre originated.

in the letter instructing the plaintiff the offence in letting the defendanta away the debris, and it is probable that |

to sell the cases, as well as the bill of have the soap back. He considered he lading. If these facts had left the ques tion in doubt he could only regret that it had not been appreciated. There had not been the slightest cross-examination on any of the points. Having given nill the facts, he submitted, it was not necessary for him to use the words sale of specific goods." The only question was whether the defence had been taken

by surprise.

His Lordship: 1 must admit I should not have expected to have found such an important point under a paragraph | which begins with a waiver, plaka

damages,

Mr. Jones controlled the gene

| HONGKONG RIFLE LEAGUE,

HMS CURLEW

* TAMAR.”

HMS.

A match between HM.S. Curlew, and H.M.S. Tamar was fired at Taibang Range on the 15th inst., and resulted in a

Las Tollows

FOR-win for HMS. Tame The scores were

The soap was ordered to be forfeited CHINESE CHRISTIAN'S on the understanding that the order might be waived if a method of disposal were found which the complainants, con- sidered satisfactory

GIVING SPIRIT. YOUNG GAMBLER IN TROUBLE.

PILFERAGE „OF CARGO" AT HOUT'S WHARF,

Mr. Jenkin replied that he had set out why the defence had waived the conditions and gate the reasons for it- that they had accepted the goods and directed the plaintiff to Bell. That,” he said, coupled with the statement of claim; was sufficient to cover the sale of specific As the Magistracy yesterday soother

MAXIMUM PENALTY IMPOSED.

conds-fordship. I think the best I can

Acas in which theft of cargo from Holt's do is to give you leave to amends alleged was heard by Mr

His Lordship pointed out that it will G. N. Orme,

Mr. Den Mr. Morgan

Al Chiness convert to Christianity was the complainant in a charge of thefi dealt Mr Spencer with by. Mr. R. E. Lindell at Ho Magis Mr. Morgan tracy, yesterday. Although, a lad whom he Mr. Cox befriended had robbed him, the man show. Mr. Newsham, ed a commendable spirit, declaring that as Mr. Carpenter. a Christian he was ready to forgive Mr. Talford

The lad who was 16 years of age, ad mitted the theft of a quantity of clothing ang some money, valued together at 814, from the second door of a house in Gough Street

Namie Innector Purden, who prosecuted, sald Mr. Clemow that the accused lived on the ame Boor. Snell

carry with it permission, to Mr. Potter Two Chinese were charged with stealing ng he slipped into the complainant's Mr. Ravenscroft.

tion.

to recall any witness for cross-examina 60 yards of white cotton material, part of the cargo of the ss Mentor, from the No. 1 The case is proceeding.

hold of the ship...

The first accused pleaded not guilty," SERIOUS CASE OF OPIUM and the second one, guilty. Inspector

SMUGGLING.

Spear, who was in charge of the case, on behalf of the Water Police, said he was prepared to accept that plea, and taked for permission to withdraw the charge against the first defendant.^

WHAT THE LAW PRESUMES.

SENTENCE POSTPONED.

The master of a junk was charged be- fore, Mr. G. N. Orme at the Magistracy, yesterday afternoon, with being in pos session, on January 13th, of 4,810 tuels of

prepared opium and 140 taels of raw opium

as the complainant. Early yesterday mora Mr. Brazenale eubicle and stole the property. When the complainant discovered his loss, he informa

Mr Way

ed the police. Detectives arrested the Mr. Allen accused, who confessed his guilt and said Mr. Blandon that he had pawned all the clothing, while Mr. Deacon he had lost the moner and a gold ring

gambling

in

The complainant intimated, that he did not wish to press the charge, making the

remarks indicated above.

cerned.

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107

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H.M.S, AMBROSE ? », H,M.S.

OTAMAR

This match was fired at Teihing Range for H18 Tamar. The scores were pa on the 11th inst, and resulted in win

H.M.S. AMBROSE

200 500 600. Total. 137040

25

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The Magistrate (to the boy) How can you face your friend after doing such a thing! Are you not ashamed of varirself 1

The boy made no reply. He seemed Proceeding against the second accused, throughout the hearing to be quite uncon Inspector Spear said that on the previous Inspector Purdea, said the accused bad follows: evening, while the Mentor was discharging no parents here. He was in the charge of me cargo at Holt's Wharf, the watchman on his brother-in-law who was present in duty saw a number of coolies in the No. the bay was absolutely one of Control Mr. Walsh

Court. This man told the Magistrate that, Mr. Peberdy hold of the vessel acting in a suspicious. The Magistrate told the boy he should be Mr. Chilcott Mr. J. M. Hall, who defended, said the manner. He went down to investigate are grateful to the complainant for not pressing Mr. Ellis defendant's case was that he was hailed saw the men bending over a ense of cargo jail. He would be given a chance of Mr. Tooker the charge or he would have had to go to Mr. Edridge from the shore by a passenger who want which had been broken open. When the changing his mode of life. On ondition Mr. Newton, ed to be taken to a ship in the harbour. The opium was part of the passenger's men saw him, they dispersed, but he man that two suretics for bin good behaviour Mr. Jarvis baggage. Mr. Hall urged that the charged to seized the accused and the other were forthcoming, the defendant would be against the defendant should be dismiss searched the cloth was found to be wound

man. When the present defendant was discharged." ed; or at any rate, that it should be about his legs and body. There was no treated as a technical offence. doubt, added the Inspector, that the accused The Magistrate pointed out that under was a member of a large gang of cargo Ordinance No. 13 of 1818, on which the thieves who operated on ocean going vesele INDIAN ASSOCIATION'S MESSAGE proceedings were based, the defendant Mr. G. G. N. Tinson, who watched the was presumed to know the contents of case on behalf of Holt's Wharf, remarked the packages in hu charge. hot that cargo brosching, was very prevalent at Mr. Hall Isn't that stretching it present Ho bad been instructed to ask the rather far t

Magistrate to take a serious view of this The Magistrate: He is presumed to eas and indict as benvy a penalty as know the contents unless he can prove The Magistrate sentenced the accused to

| possible, ma otherwise.

Mr. Hall: It is not up to a boatman and 4-hours stocks in lieu of the Inst day six months imprisonment with hard labour to examine the goods of every passenger. of the sentence. The passengers would object and he would get no custom, Mr. Hall added.

that a client might leave a package in

his care; he would not examine it, and "might find himself arrested a few

minutes later...

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21

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Mr. Snell Mr Clemow

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Mr. Allen 6, Mr. Brazendale

1r. Ravenscroft

28

108

39 31

105

35 36 109

188 ∙101

Total 830

HMS. TAMAR

WILTS.

TO THE VICEROY." The Indian Association recently sent the Following telegraphic message to the Secre Mr. Harcals tary of State for India, and to the Viceroy Mr. Way...... tests against the recommendations of the The Indian Association emphatically pro Mr. Blandon

proudure were reactionary and disappoint Esher Commifce. Its composition and

ing Association urges that no action be takez until the Indian Legislature bas expressed opinion and until the Indian pub lia have been consulted on, the recommenda This match was fixed for December tions and the additional costs. The Associa 98th, at Taihang Range, but the Wilts did tion protests strongly against inter alia not turn up.. H.M.B. Tanur, therefore, ignoring Indian Interests, saddling Indis claimed the points The scores were as The Magistrate: But would you accept It is stated that the demand for seats for with burdens nessitated by the imperial follows: 8 package from a client at 4 am. (The Madame Lotile Gordon's Grand Charity policy releasing Indian Military power Name transaction, in which the defendant was Concert text Saturday, at the Theatre from civil control, the creation of four

Mr. Clemon involved took place in the harbour at Royal, has been unprecedented. The book separate commands and districts and off Mr. Allen this hour).

cers The Association urges using the army Mr. Way ing opened yesterday at Mentrie's and The Magistrate said this was a parti In addition to the many attractive items the ment of a civil member of defence in the mises well, for the success of the concert for maintaining internal security, appoint cularly serious offence, having regard to

Mr. Logg the large quantity of opium involved. The name of Miss Vera. Mirova, the distin. Viperoy Council, non-employment of Mr. Ravenscroft- defendant would be convicted, but the panied at the piano by Mr. Leo Podolsky, of Indians of all Provinces to all arms, to Mr. Blandon....

guished art danseuse who will be accom- Indian troops outside India, free admission Mr. Deacon case would be postponed until next day the brilliant pianist, now also figures on grant the King's commission to 50 per cent. Mr. Haskinson

adequate facilities for military training of Indians, and abolition of all invidious racial distinctions.

for consideration of the nature of the the programme. Both these artists have imprisonment or very kindly consented to aid the charitable | objects of the concert.

Rentence, whether banishment.

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