1923-01-26 — Page 3

Page

TAB

IN THE FRENCH MIXED-COURT

Kesars, Hanucasy & Co. and Noilly Prat & Cie., acting through the person of Mr. Bouden, their General Agent for China and represented by A. do Pao de Marsoulies, and Me Le Gonellec, Barris ters at Law,

CASE

veratia

JUDGEMENT.

(1) Mr. Giesel, represented by

He Fischer. (9) Lá Gueu Kosong.

Considering the petition of the Plaintiffs dated the 1st September, 1922:

HONGKONG DAILY PRESS, FRIDAY, JANUARY 16TH 1923

SCOTLAND'S IMMORTAL

BARD.

BURNS NIGHT DINNER AT

HONGKONG HOTEL. X

**THE

IMMORTAL MEMORY.".

Whereas, acting in pursuance of a regular order issued by this Court the French Police, assisted by the International Police, found during the search made on the 8th of September, 1922, at the godowns of M. Giesel, No. 1, Choufous bodyguard of pipers, one in the rear Road, and at the house at Yochow Road, cases of Vermouth bearing Noilly Prat's label and cases of Brandy bearing J. Hennessy & Co.'s label, also iron matrixes for the purpose of stamping corks, horas and percussion capa with the stamp J. Hannessy & Cie., Cognac

ri 2

Whereas, during a further scarab at the godowns, No. 1, Chaofoung Road, was found the book of prescriptions for the counterfeit of liquors, also bottles of products which had served for the manufacture of the said infringement.

Whereas, a special laboratory has been established at the godowns of the ac cused; that the installation of such an office would be difficult to understand if it, for the case being, was only to be for the brewing of beer and for the decantage and filtration of wines and liqours which M. Giesel sold; that at this laboratory were large quantities of bottles of spices serving for the manufacture of liquors, that precisely on the table of this laboratory there was found the book of prescriptions for the manufacture of the counterfeited spirits; that the first samples of the counter- feit of cognac and vermouth bear the dates of the 10th May, 2nd and 16th June, 1922; that on the 11th May, 1922, a bottle of Hennessy's cognac, purchased as sample, had been paid for by Giesel.

41

Whereas, on the 30th June, 1922, Giesel ordered from M. M. Clerici, Bedoni & Co. a 100 litres cask of "grappa di moscato" and paid the bill for that purchase" on the 81st August; that the "grappa" comes in a certain part to the composition (80 litres) of the counterfeited Hennessy's cognac, as it appears from the book of prescriptions found on the table of the laboratory; that Mack and Battistazzi claim, but without bringing proofs, to hare bought 12 boxes of 12 bottles each or 45 litres of that product, that on the other hand, Giesel cannot supply any explanation of the use of the "grappa" purchased by him

เร่

12

* Auld: Scotia 'wants no skinkin ware

Tha-jaups In luggies,

bard.

But if yo wish her grateful prayer

Gi ber a haggis.

liures was of the people and from fimeaspoon mark you, for they were perforced to last the people loved him. His first, vegetarians and they knew nat chopsticks

INTIMATIONS

he HONGKONG BOXING ASSOCIATION

TOURNAMENT, SATURDAY, 97TH JANUARY, 1933,

at the THEATRE ROYAL,

published volume was rapidly and But knowledge was acquired. Burde eagerly bought up, by all clueses of the detested scholastic pretentiousness, community, including ploughmen and did every kind of pretentiousness. He maid servants, who, it was said. would often chafed under the patronizing air of even go shore of much needed new garmen whom he knew to be his intellectual ments to possess themselves of a copy. inferiors, As usual be over expressed That first venture only put some £90 in

himself on the subject. his pocket but is was twice as much as Milton over got for "Paradise Lost " and few first volumes by an unknown poet had over paid the costs of publication. More to purpose the sum was sufficient to keep the young writer fream flying in despair to the West Indies as "be had planned, which would have been a calam

1.

A set of dull conceited hashes, Confuse their braina in college classes. They gang in stirks and come out neses, Plain truth to speak;

And then they think to climb Parnasses By dint o' Greek,

IL

AF 9,15. P..

MAIN EVENT ↑ 15 ROUNDS CONTEST FOR THE WELSTAWEGI

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General Public-fröm January 25th.

USUAL PRICES. Doors Oran 8

at the" NIITTOURNAMENT Hace-Saturday, March Sell TURAFLE KOYAL

[250

SMOKING, TI SAID, 13. A HABIT.

SECURE YOUR REQUIREMENTS

FROM THE

HONGKONG CIGAR STORE

AND HABIT BECOMES A PLEASURE.

Burns nicht was a braw ne nicht for member-r-rs of the Hongkong St. An- drew's Society at the Hongkong Hotel, The Society held a dinner in memory of the immortal bard at the hotel last night, and it proved to be one of the most

Gie me ae spark o' Nature's fro | enjoyable:functions of the season. Every

That's a the learnin'-I desire.** As a fact that was not all the learning thing was done in tros Scotch style,ity indeed, 'down to the triumphal entry of the It has been claimed," Mr. Moonachiehe desired, nor indeed by a long way haggis, held steaming on a plate on continued, "that it was reserved for Possessed. But he is writing in a mood the head of a burly Scot, accompanied by sb, to recognise during Burns' lifetime a poet ought to be

William Pitt, an Englishman of the Eng and carried away on his Pegasus' back, For truc learn- his place to great poet, and that then ing Burns had all due respect, and and one leading the way, dressed in full the Scottish critics atopped hailing him wished he had had more of it. The tartan costume, and playing a wild as a rustic prodigy. Let the great states same is to be said as to religion, and hav skirl on the pipes. Even the "Sassenach man be given his honour due, but the ing said that I will not enlarge on the visitors, on testing the dish, were article in the Lounger in which Henry well-worn theme of Buros ferce quarrel

Mackensie introduced Barns to the liter with the unco-orthodox of his day. dined to sympathise with the sentimentary would shows that Pitt's perception is a pity the quarrel was so fierce, for so feelingly expressed on the menu

was not unique. Mackenzie is said to it left much ill blood behind, which har have been for long the Nestor of liter. even yet wholly disappeared. Burns. ary Edinburgh, and he wrote there of knew and admitted that he went too far, Burne: If I am not greatly deceived, and no one denies that he had provoca

tion. But the publican thanking God. I think I may safely pronounce him a The whole menu, indeed, was reminis genius of no ordinary rank. He goes that he is no as this Pharisee is now an cent o' the Highlands and the Lowlandson to disclaim explicitly the idea of comedifying sight, and while Burns's words lo bonny Scotland, and carried the mending the poet chiefly on the ground, ay sometimes make him appear to pre- Scottish exiles back in memory to their of his lowly circumstances, and affirms sent it the thing itself in far from bia" ane hame toons ayant th' Dee. The that his work on its own merits is "fully spirit. Rov. Kirk Maconachie rose to the peen entitled to command our feeling and to

Social pretentiousness again was at obnoxious to Burns bu (sion nobly in delivering the toast. The obtain our applause." The article, which least no

Immortal Memory" and gave most is a really valuable and discriminating scholastic or religious. His scorn of the entertaining address on the life of the piece of criticism, concludes with the con- merely titled, rich or powerful is unmiti- Edent hope that Scotland will stretch gated, "and only explicable in light of The Chieftain of the Society, Hon. Mr. out her hand to cherish and retain this the fact that in those days the great A. G. Stephen presided over the gathering native poet and not see him compelled held the small very much in their power, and with him at the principăl table were the following: The Hon. Mr. Claud to seek support and shelter under Weet and power such as that is bound to be Sevora, C.M.G.

As to Burns' vices, of which much is Mr. A. 0. Lang, the Indian skies" In that expectation lac. much abused.

kenzie proved right Scotland not only Rev. J. Kirk Maconachie, Mr. R. M.. Dyer, Mr. J. W. C. Bonnar, Mr. FB stretched out her hand to her illustrious said, it is fair at least to say that s

son, but took him to her heart and therein other things his verses on that sub- CREAM must be placed 24 hours before dals Marshall, Dr. C. Forsyth, Dr. G. D. R.

It is not rary is required." Whereas, the fabrication of the said cognac bad taken place on the godowns of

Black, Rev. H. G. Rorison, Mr. W. has cherished. him with ever growingject make the worst of him.

fair to dwell upon his lapses and 15 Giesel or the first floor and not in a hidden place; that it is positively impossible, as Nicholson, Mr. J. Reid, Mr. B. Wylie,.

Mr. D. K. Blair, Mr. A. E. Henderson, achie, find in Burns a presentment of ter and sincere.

"We Scots," proceeded Mr. Macon nothing of his remorses, which were bit For my past I think it appears from the book of prescriptions, that the 2,384 litres of liquid obtained, could be manufactured and bottled and the stamping of corks, capenfing of bottler Mr. D. Harvey and Mr. J. McArthur.

136,2 Waschai Gap Road. Apply to 28, affected in sir hours time, after the office hours; that one should remark that theThe diners numbered about 130,

anthentic though greatly differing from ous and constanz overtoil of his carly KENNEDY ROAD, Bongkong." hour of regular work of M. Battistuzzi, as chemist of M. Giesel, commenced.

Proposing the toast the Rev. Macona the conventional conceptions which have youth prompted a reaction into such coarse chic said: precisely after five o'clock p.m., according to the agreement made by the former with

been adopted concerning us. What these pleasures as were to be bad. All work dull boy. M. Giesel.

On the day after St. George's ball I

Iro We AYA never allowed long to and no play make Jack a read in a Press report that a very big

forget. The most recent reminder I but such as Rob they undoubtedly temptWO OFFICE ROOMS, Top Floor,

Queen's Road Central. gathering included all the prominent happen to have seen is from Doan into the renting and roving with which

Apply people in the Colony and a number of Inge: Canny, thrifty, fond of meta he charges himself. Think of him starved

GANDE, PRICE & CO., LTD. Scota." Not having myself been made physics and slow to understand in mind and not over well nourished one of that prominent company even as joke'; such, says the Dean, is the cur in body, conscious of great gifts and the Scot, I experienced naturally a sense of ront conception of the Scot-(Laughter.) stir of high ambitions, groping, as be profound humiliation. Indeed had this Whether be adopts it or not he does not says, like a blind cyclops around his evening followed close upon that other I say, nor does it matter: there is another cave; remember that with it all he lived should have foit fain to address this disside Ocottish character, in which on the whole a life of toilsome duty, and tinguished company of fellow countrymen calculation makes way for glorious than ought contentment amid all aberrations as "fellow cbscurities, had I had the duo and coldness disappears in the warm in its homely round. The tear of sym-Bay courage to address it at all. However, a glow of romance, To confirm my words, pathy, we must surely hold, better bests Sufficient interval has elapsed to enable I need go no further than this table, the best of us than does the phrase of me to recover, a modicum of that sell These serious toipans, soney sugar-boil. ensure over the life and lot of a great,

a loving and mach tried man. estecin which is supposed erroneously, toers, case-haunted doctors, "case hardened be inherent in our race. So Sir, when engineers; they're men of

I have not touched upon the wider your commands, ecurteously camouflaged every one, and you need but sing them fields suggested by the ardent social Rooms on Fifth Floor, as a request, were laid upon me, one of Robert's love lifts to send them sympathies, of our Scottish bard, for one plucked up beart as a loyal clansman, back to the days when they used to go cannot touch on every expression of his however humble, to obey heartened by linking with their joes by the banks of many-aided personality. But here, in a bethinking me that the toast I have the Doon, the brays o' Balguidder, the palm the intercourse of commerce it is fitting Colony where men of gilraces meetin honour to submit is to the memory of gardens of Greenock or the pavements of

Whereas, Giesel himself confessed that spirits were manufactured" in his godowna.

That the haste to remove from the godowns the cases of cognac of the counter- feited mark shows clearly the desire to make it disappear, as quickly as possible, all the traces of the offence itself in case of an unforseen search or even of an inoppor- tune visit; that it proofs by no means the innocence of the accused and constitutes a presumption more against him."

Whereas, Blumenthal started the negotiations with Giesel through the medium of his employees only after he found out that there was sold on the market false vermouth Noilly Prat which came, as per his informations, from the Giesel's establishment; that be pushed on with his search only on the reputation of that firm to falsify and counterfeit foreign wines and spirits; that having been brought by a third person to the godowns of M. Giesel at Chaofcung Road he bought there counterfeited products; that the manifest fact of the infringement and of the sale of the infringed products is more than abundantly proved:

"

Whereas, in short, Giesel could not be unaware of the manufacture of liquors and spirits made in his godowns at Chaofoung Road by his employees Mack and Bat- tistazzi; that he has partakes at least indirectly in this fraudulent manufacture by buying the products coming in the composition of the infringed products; that he cannot prove his good faith and cannot plead the exception of his ignorance; that he accordingly made himself guilty of the offence contemplated and punished by the articles Nos. 243, 246 and 250 of the Provisional Criminal Code of the Chinese Republic:

Whereas, M. Li Gueu Koueng, watchman of the godowns" belonging to Giesel, No. 1, Chaofoung Road, has admitted to have stored up in his house of Tochow Road the infringed products, that by so doing he made himself accomplice of the offense charged to Giesal; whereas, however, he was in the employ of Giesel and taking ia consideration his position and the Chinese state of mind, there should be applicated to him the benefit of extenuating circumstances;

Whereas, it has been proved that Giesel and bis euployees have manufactured and sold vermouth bearing the label of Noilly Frat; that the defendant could not be unaware that the product so sold was a rough imitation of the products of the plaintiffs, since it has been agreed between the Bank consignor and the defendant that the product thus consigned could be sold only after the labels fraudulently affixed on the bottles have been changed:

Whereas, the mark of Noilly Prat has a universal reputation and has acquired a place of the very first order on the Chinese market by the excellence of its pro- ducts; that the actions charged to Giesel were of a nature to bring certain dis- credit to the mark of the plaintiff among the deceived customers; that the plaintiff from this fact auatained a great moral and pecuniary prejudice by the depreciation -of the value of the merchandise; that he Giesel ought to give and amends therefore:

Whereas, besides one should severely repress all actions of the same nature as. those charged to Giesel; that these actions greatly harm the small Chinese merchants who deal with imitations and infringements sold by the defendant; "that their clientel deceived on the quality of the products sold by them, diminish from day to day; that one should put an end to such facts and bring same to the know- ledge of the public through the press:..

Therefore

and without taking otherwise in considération the says and motions of the parties.

The Court

Judging in equity after consultation.

In Criminal.

By the application of the Articles 243, 246 and 250 of the Chinese Provisional `- Criminal Code;

Sentences Giesel to three years' imprisonment and says that this punishment shall be commuted by's fize of Tis. 8,000:

Confiscates, to be destroyed, all the instrumente having specially served for the fraudulent manufacture of the infringed wines and spirits:

Bantences, likewise, Li Gneu Koneng to a fine of Tla. 300:

IN OIVIL.

Sentences Giesel to pay as damages to:"

*Messrs. Hennessy & Cie. the sum of Tls. 6,000 and Messrs. Noilly Prat & Cie. the ram of Tls. 10,000.

Confiscates in favour of the plaintiffs the connterfeited producte which have been -scized and says these goods shall be destroyed:

Orders, ut Giesel's expenses, the insertion in extense of the present judgement in three organs of the Chinese press and in three of the foreign press of Shanghai, at the selection of the plaintiffs

Authorize besides, likewise at the defendant's expenses, the insertion of an abridgment, of the present judgement in an organ of the Chinese and foreign pres of Hongkong, Canton, Hankow, Tientsin and Peking, says that the cost of each insertion cannot exceed $100.

Sentences the defendant to restitute to the plaintiffs, likewise as damages, the sum of $1,000 paid to the employees of M: Giesel, the said sam to be considered na sorts occasioned in the search of the infringement

Besides, sentences him to the costs of the present case, same to be Tia, 300. Judgement delivered at Shanghai the 20th of October, 1922.

Signed: P. OBEFIN

NIEH YONG CHING.

warmth.

DAIRY FARM-NEWS.

ICE CREAM.

Customers that their Orders for 10K E hereby beg to remind our numeroje

3) TO LET,

(1963

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one who was something of an expert at Kelvingrove(Applause.). Not a man of to remember that our Scottish bard had pulling down the mighty from their them will deny my soft impeachment heart for all mankind and a vision for seats, and who did more than any other All will agree that ingeu'um perfervidumite future which shines with hope athwart Months, from 1st April 1923,

which is said to possess our race finds all the manifold uncertainties of our other expressions than the thrifty, the Then let us pray that come it may, metaphysical, and the matter of fact, and

As come it will for that, that aspect of its manifestation was in- carnate in Robert Burns"

of his century to imprese the trenchant and far-reaching truth that "a man's a man for a' that." Many another wretch, destitute of siller or of social importance, has drawn an iran tonie for his soul from that inspiring aphorism. "I am con- This ardour, the speaker went on, tent to be of their number; and though accounted for much in Burns' writing) excluded from the haughty legion of the that had puzzled, and even offended the dragon slayers, to be enrolled with you less enthusiastic natures.

He had the

difficult time.

That man to man the world wer Shall brothers be an a' that." The toast was then honoured. An "interesting address on Scottish Literature was given by Mr. B. Wylie, who said:-

the

Bungalow with Tennis Court and Garden

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PREPAID-'* WANTED "ADVERTISEMENTS

(1950

Letters are lying at this Office for

Bozem

in the homely order of the thistle-artist'e power to project himself into

To the man in the street, Scottish FHOUSES (Laughter and applause) Full eight varied situations, and in them be was literature often summed up in score years have run their course since want to utter himself with an intensity of Sir Walter Scott and Robert Burns: the lad was born in Kyle whose name which few were capable, which was often These two were transcendent geniusen, and fame. bring us exiles together here misunderstood, and which, it had to be far apart from other literary on the verge of Iar Cathay. The admitted, often bore him beyond bounds. Scots. They were both great writers Januar wind gave him but a rough But happily of recent years he had come but they were both very much indebted hansel. It blew in one gable of the two to lie better understood in that respect to

carlier

and Scottish poeta roomed biggin which William Burne had and in many others. It was putting it

prose writers. Mr. Wylie interestingly OR BALE, either together (suitable for reared with his own hands to shelter mildly to say that the poet was unfort outlined the history of Scottish litera

Mess), or #separately, with mały wife and bairns, so the babe and his unate in many of his early biographers ture from the 13th century up to the time possession, Nos. 2 and 3, SWART THERECK mather had to be moved for safety to the who were too busy drawing sober of Robert Ferguson the Edinburgh poet, house of a neighbour. Many another sided warnings from his career to sift whom Burn's regarded as his own fore bitter blast fell on the life which was with sufficient care the accumulated

runner in Scottish verse. thus" begun, ere its short course was gossip which came to their cars, much of

"And so we come to Barts and Scott," finished. We may feel moved to regret it unfriendly in spirit and unfounded in

Mr... Wylie continued. "In Sir Walter that his lot was not more smooth, but fact. For instance how often had it Scott, we have our greatest Scottish the divinity which shapes our ends may been repeated that Burns had no ear for prose writer, although he was at the be believed to know its own business best, music, and could scarcely tell one tuno and it is not likely, had Burns been from another. It was impossible to be same time no mean hand at poetry. cradled in ease and bred in comfort,lieve that the man who set some of the Using as his main background the stir- that he would ever have spoken as he loveliest lyrics in existence to words from ring history of his native land, his pie did and does to the heart of Scottish which they could never be parted could tures of past times were truer than the ponderous efforts of the prosy historiane be what the Scots called timmers Carlyle has said, he taught all men My memory, covers, something not so So it was no surprise when it was later this truth, that the byrone ages of the much less than balf the considerable learned that he had a fine ear for world were actually filled with living period since Robert ceased to rhyme, but melody, and could pick a tune ont on I don't recall a time when I could not the fiddle. sing Scots wha' hae." I remember 1

"Oh wert them in the eauld blast used to think, the last line of the verse

On yander lea, on yonder len,

tional sentiment. At a period when the FOR SALE "BABYLAND FERAL was all one word and wondered what it! My plaidie to the angry airta

feeling of nationality was in danger of BULATOR with Sun Canopy, eta ba meant "Orto-victory-which just goes I'd shelter thee. I'd shelter thee. to show that even before they can rend

Geathe pronounced Burns the first of extinction, he not only saved it but suo good condition. $50 or nearest offer." Reply Scottish barns learn to take Burns's Irrics, and his weighty judgment bad ceeded in glorifying and idealising it. Bax VZ. afo Daily Press Offloa words, upon, their lips. That was up in ever been reversed. Had Burns left us He was truly the National Bard and the bleak North, but as a youth of 18 nothing else his place among the imposterity has sustained this verdict." I became a dweller in bonnie Dumfries mortals would have been neured by the (Applause.)

After the speeches, an excellent pro- copious flow of perfect song enshrining where the impression of our national poet every emotion known to the human gramme of Scottish songs was given by gathers intensity from local colour and heart, from the parky humour of members, and some good stories were told recollection.":

Duncan Gudy" to the gentle pathon by Mr. Cland Severn and the Rev. Mr. Mr. Maconachie referred to the memor of Tohn Anderson my Joe to the heart Morrison. Of both these gentlemen it abla tribute paid to the dead poet in wringing lament addressed to Mary in may truly be said they adhered strictly to Dumfries when Burns bier was ear Heaven and while men and women had to the advice levelled at them, by the menu ried from the Courthouse to St. Michael's learned to sing, they would always not once more, to nam Kirkyard, the band of the Cinque Ports only sing Burna, but they would leve «No'er claw your fug an' fidge your back Cavalry preceding with the Dead Manch him.

folk and of minzkind.

of Handel's hero, the men of that regi- I sos" said Mr. Maconschie“ that

Fat Newly New, available End of

1OR SALE,—CONTENTS of Three-Bood February. Owner leaving Colony, Fri -Moderate.Reply Box V.Y., c/o Dally Prams Burns work for Bootland was prim-Office. arily to revivify and concentrate the na

men,

EN

TINGLISH LADY Beeks PABRACIK

England in return for Bervices. Apply Box VAL, e/o Daily Pram Office.

HOUSE, from at March, 1923 Box V.W., o/s Day Press Office.

TO LEF 9, Mountain View, 6-Hommel·

BRITAIN'S AIR STRENGZH.

Replying" to questions recently put in An ham an baw But raise your arm an tell your crack the House of Commons the Air Himniator. stated that the strength of the RP.A. ment and the Anguashire Fensibles lining some-one has just published a book to

Before them a'!! the streets, and the poet's fellow members prove that Burns was an educated man The Hon. Mr. Gland Bevers, at the man stationed in Europe, including units of the Volunteer Corps bearing the coffin There may be some need for much a docu- elusion, remarked that he was in all pro temporarily stationed in Constantinople and following behind. He recalled not ment, but it can only be among those who ability the only guest present, and he wish was approximately 15 quadrous, AVCIESTM with any view to invidious comparison are accepted upon hearsay the notioned to thank the Chiefain for presiding, Mr. ing twelve machines each, as compared that three years earlier his great musical that be was an untaught country yokel Maconachie for a delightful address, and with 100 French squadrons, averaging contemporary, WA Mozart, was buried No ignorant man could have WY Mr. Wylie for his synopsis of Scottish machines and 14 Belgian, averaging 10. at a similar age, also after a life of ill ten ench a style as his, or used with each literature. He called for the health of the The total of the British Active. Servic rewarded struggle, and plendid Vienna precision such a socabulary, It is true Chieftain. The tomat was drunk with squadrong was 29 compared with 120 French and 14 Belgian. The French out sent but two followers to the unknown that he was born into a home where gusto. grave which no man, could identify, to this day.

knowledge had to be acquired with a book The proceedings concluded with "Auld in one hand and a spour in the other, Long Byne,"

put of civil and military aeroplanes fot the first eleven months of 1922 was 3,302,