1904-07-07 — Page 4

Intimations.

THE HONGKONG TELEGRAPH, THURSDAY JULY 7, 1904.

NOTICE: UNEM doraunication Intended for publication in THE HONGKONG TELEGRAPHI" whoald be addressed to The Editor, I, Ice House Road, and bould be accompanied by the Writer's Name and Address

to The Manager.

A. S. WATSON & Co., Urinary inconsisication should be addressed The Editor will not undertake the responsible for Buy rojectel MS, nor to return any Contelbution.

WINE

LIMITED.

MERCHANTS.

ESTABLISHED 1841.

SUBSCRIPTION RATES (IN ADVANCE), DAILY-$80 per annum., WEEKLY $18 per muutum, The mice per quarter and per mense, proportional. The daily issue is delivered from when the address is accomible to mesenger. On copies seat by post an additional $10 per quarter is charged for postage. The postage on the weekly Iwue to any part of the

LOSS OF 5.5; "ALGOMA"

NEAR HONGKONG,

The as. Felching, commanded by Capt. Hoelgar, arrived from Shanghai to-day. On the voyage down Capt. Hoelgar was the means

of rescuing the shipwrecked crew of the s.s. Algoma, of Cardiff, which foundered north of Chilang-Point.

In his official report Cape Hoelgar states: "The s.a. Felching left Shanghai for Hong kong on the 3rd July.. She experienced light variable winds and fine weather to arrival. At noon on the 6th inst, picked up the entire crew (29) of the Cardiff s.8. Algoma lost North of Chilang Point and landed them here. The vessel was bound from Moji to Hongkong.”

Captain T. Evans, master of the Algoma, seen by our representative this afternoon at the Saitous Home, gave the following details con- Sitigle Copies Daily, ten-cents; Weekly, twenty-cerning the loss of the vessel:-"The Algomia

world is 30 cents per quarter.

tive Cents.

CLARETS The Hongkong Celegraph

ST. ESTEPHE

ST. JULIEN

Per Cave Per Case

doz. Qu. 2 lor. Pts, ..$ 8.00 $ 9.00

11.00

14.50

20.00

LA ROSE

10.00

13.50

CHATEAU HAUT

BRION LARRIVET

20.00

22.00

CHATEAU MOUTON

D'ARMAILHACQ

24.00

CHATEAU

PONTET

CANET

28.00

CHATEAU LA TOUR

CARNET

CHATEAU RAUZAN. CHATEAU LAFITE

33.00 48.00

54.00

These CLARETS are specially selected and obtained from the LEADING FRENCH GROWERS; they are of exceptional value and in fine condition.

THE CHATEAU BRANDS

are recommended to the notice of Con- noisseurs as high-class after-dinner Wines.

We guarantee our Wines and Spirits to be genuine when bought direct from us in the Colony or from our authorised Agents

at the Coast Ports.

|

HONGKONG, THURSDAY, JULY 7, 1904.

LOCAL AND GENERAL..

THE English and German mails of the 4th June were delivered in London on the 4th inst.

WHEN the B. I. Tara arrived in Rangoon on June 21 a squall drove her on to a cargoboat and pontoon, both of which were smashed.

DURING the twenty-four hours ending at soon to-day there were four cases of plague in the Colony. They all proved fatal, the victims be ing Chinese.

FIELD Marshal Marquis Oyama and Baron Kodama, chief of the General Staff, were to start from Tokio for Manchuria in connection with their new appointments there, on the 4th inst.

THE world's record for typewriting speed has been broken by Mr. John A. Shields, of Ouawa, Kansas, who, in the absence of six witnesses, wrote 222 words in a single minute, beating the previous record by ten words.

THE present Magistrate Wang of Shanghai

has asked leave of absence to return home to

repair his ancestral graves. The Provincial Treasurer of Kiangsu has, therefore, appointed Mr. Chin to be his successor; the latter will shortly arrive at Shanghai to take over his

seal.

A. S. WATSON & CO., THERE is growing uneasiness in Russia in

LIMITED.

Hongkong, 20th June, 1904.

• TELEPHONE NO. 136.

CABLE ADDRESS: "ACHEE," HONGKONG

A. B. C. CODE, 47′′ EDITION.

ESTABLISHED 1859.

consequence of the appointment of the Marquis Yamagata as Generalissimo of the Japanese [35 forces. The appointment is believed to indi. cate an intention on the part of the Japanese to attack the Russians sinultaneously at Port Arthur, Liaoyang, and Mukden.

A CHEE & CO., 祥 利廣

17, QUEEN'S ROAD.

A PETITION is now going around amongst the prominent business firms of Dangkok for signature, asking that the Siamese Govern- ment take steps to restore telephonic com- munication with Koh-si-Chang with as little delay as possible, pending the construction of the promised instalment of wireless telegraphy.

By kind permission of Lt. Col. Iremonger and officers, the Band of the 'u3rd Burma Infantry

FURNITURE will play the following programme of music at

struck a rock off Chilang Point at 7.30 am. yesterday the weather being fine but fogy. It was very soon evident that there was no hope of getting the vessel off in safety, the image to her hull being so considerable that she would in all probability have sunk in deep water. There was 15 feet of water on the rack when the Algoma struck. As the vessel commenced to heal over to pon ̈shortly--after--the accident, Captain Evans gave orders for the boats to be launched and the crew to abandon the ship. This was done at 8 um. The Captain, who was, the last to leave the ill-fated ship, stepped into a boat from the deck, as she had now listed over so much

that her port bulwarks were completely under

water. The boats lay around the vessel until

THE PO FUNG BANK.

JUDGMENT.

At the Supreme Court this morning, the Chief Justice, Sir William Goodman, delivered Judgment in this matter.

When the Court next met and he was cross-

examined by Mr. Hastings as to certain

between his denials and the statements of the

four or five witnesses as to what he said, I decide in favour of the majority, They are interested, but so is he and their interests are certainly no greater than his, and they gave their evidence clearly and woll...

nior: ready ready to give credit to the firm, I in the world, in answer to the Court he said In case the firm should become insolvent, and worth a little more than $1,000, and no such persons probably honestly believe that "inore, assuming I pay, what I owe and am they have discharged all the obligation im- paid what is due to me." posed by integrity and commercial morality if meeting the liabilities of the firm. They feel transactions, he was worth over $10,000, adding the shame they have contributed goes towards Mr. Hastings appeared on behalf of the practically secure against farther liability be-If people par me and business is all right. I Official Receiver, and Mr. H. W. Looker (of cause of the great difficulty of proving them may be worth $50,000. When I have to chose Messrs. Deacon, Looker and Deacon) on be legally to be partners. Such is the view i en- half of the defendants,, the alleged partners.tertain from the experience I have gained in Mr. Q. D. Thomson and Mr. S. W. Tso ap this Colony from the numerous cases of dis puted partnership which have came before my peared on behalf of certain creditors,

His Lordship delivered judgment as fol. self and other judges in the Courts of Law. I only refer to this difference between the Eng. lows:-

This was an issue directed to be tried to delish Law of Partnership and the Chinese view termine whether Lo Yuk Shang. Kwong King of the subject, because it may possibly partly account for the remarkable contradictions by Tong, and Kwong Yik Nain, were partners in

one side of the evidence given on the other so the l'o Fung Bank, which failed last March and was adjudicated bankrupt on the 2nd day often inet with in cases of disputed partner ship. If every witness would really try to of June, 1994.

speak the truth, one would suppose there could be no difficulty in ascertaining whether A, B, and C. were partners in a given firm. First one would naturally refer to the partnership agree. ment or to the book containing the partners name,usually kept by respectable Chinese firms. But here, not only was there no written part- The question which I have to decide is whehership agreement but the managing partners ther Lo Yuk Shan, Kwung King Tong and Kwang Yik Nam, or any of them, were partners in the Fo Fung Bank on 24th March, 1904, the date when the bankruptcy petition was filed. It has not been suggested that any of the three resigned before that date. On the one side it was contended that they never were partners in the bank at any time, and on the other side it was contended that they were partners and had at different tunes, distinctly told the witnesses

Mr Sharp, KC. and (in his absence) Mr. Hastings for the Official Receiver argued that the above named were partners, while Mr. Slade appeared for the alleged partners and argued that they were not and never had been partners in the Bank. The trini lasted for four days

Now as regards Kwong King Tong. Wong Yut Man deposed that Kwong King Tong told him he had a share in the Po Fung and asked him, if he had any money, to patronise the Bank and also told him, after the suspension when he went to ascertain whe- ther he would get paid, "We are only mak- ing up the accounts. You need not be afraid, people owe us more than we owe." Lau Sing Kiu deposed that Kwong King Tong called at his shop and told him he was a panner and solicited customs for the Bank. On the other hand these statements are entirely denied by Kwong King Tong who states that it is true. he was originally asked by Kwong Kam Nam to take shares but he declined and, indeed, that he was only an accountant in the Kwong Wing Cheong shop at $12 a month and that his estate was not worth, in the whole world, more than $300,

Here, therefore, we have two witnesses de

posing to his statements and his denial of having made them. There is, however, some corroboration of the witnesses, derivable from

9 o'clock and then sailed for Swatow. At mid who, deposed to it that they held shares in the the profits, if any, at the end of the Chinese the lists bereafter to be referred to:-

day the Fewking was sighted, and in reply to the signals made, she have to and picked up the officers and crew of the Algoma. Captain Evans expressed his satisfaction at the con duct of his officers and crew which, under really trying circumstances, was all that could

be desired. As soon as the boats got away from the wreck she was boarded by hundreds of Chinese fishermen who had been hanging around in their junks, their object being evident ly to loot the vessel. She had just come out, from home with a cargo of coal for Nagasaki, and when the disaster occurred was going from Moji to this port with a similar freight large portion of the cargo was consigned to Messrs. Bradley and Co. of Hongkong. Captain Evans has been 12 years in the firm, during nine of which he has been command, and his well-wishers, who hope that so faithful an employe will come well out of the inquiry into the loss of the vessel, are numerous.

The Algoma is a steel 3-masted steamer of 1,914 tons gross, 1,892 tons net, built in Sunder- land in 1885, and owned in Cardiff by the Kingsland S. S. Co., Ltd., of which Messrs. Eeles and Ruston are managers,

PROMISSORY NOTES.

At the Supreme Coun to-day Chiu Wing San again attended before his Honour T. Sercombe Smith in support of an action against Chiu Man Yeung for the return of two pro- missory notes,

Mr. Otto King Singpappeared for plaintiff and Mr. E. J. Grist, of Messrs. Wilkinson and Grist, for defendant.

His Honour decided there was no considera tion is view of the fact that it was stated Plaintiff paid Tis. 600 instead of Tis. 610. Moreover he was not satisfied that the money had been paid at all.

Therefore, he gave judgement for defendant, with costs.

Lai Fu Ngam deposed that Lo Yuk Shang asked him to deposit money in the Po Fung Bank and told him he had a share in it, and that, accordingly, he did so, and the insolvent Bank now owes him $1,350. Wong Yut Man (or Kwong Yut Man) master of a rice shop at 195, Wing Lok Street deposed that Lo Yuk Shang came and asked him to "patronise our Bank the Fo Fung" and stated that "be had a share in it. The witness did deposit :ccord ingly and the Bank now owes him $2,000.

Tsui Pak Yu, who was sometime n partner with Lo Yuk Shang in the Shung Shing shop, deposed that Lo Yuk Shang siated that a few Sunning people had started the Bank, and that he "had a few thousand dollars in it," and thus the witness was induced to deposit money and now the Bank owes him $600.

As regards Kwong Yik Nam, who is a bro-

ther of Kung Kam Nam (one of the managing partners), Li Chi deposed that Kwong Yik Nam called on him last year, talked about the Bank and told him he had started it, that it was a genuine Bank and that he had shares in it and induced witness to deposit in it, that he de- posited accordingly, and was now owed $1,650 by the Bank.

Tsui Pak Yu deposed that, when he went to the meeting of depositors at the Bank alter the failure, he saw Kwong Yik Nam there in the capacity of one of the Bank people and not as

creditor.

a

Fan Yuk Túng deposed that on 14th March," 1903, he had a conversation with Kwong Yik Nam who stated he had a share in the Bank and said, speaking of himself and others, "the Po Fung Bank is our business" and asked witness to deal with the Bank which he did, with the result that it now owes his firm $5,000 and some $3,400 more to individual partners in his firm. He also speaks of Kwong Yik Nam having been present at meetings of the Bank after the failure, particularly on an occas sion on 11th March, 1904. -

As regards Kwong Yik Nam's position when the Bank failed, it appears that he came out exactly tight. He owed the Bank nothing and the Bank owed him nothing, as he took out all his balance of $3 oco en 29th February, 1904. Besides denying the statements of the witnesses against him, he stated that he went to Canton by the night boat of 8th March, 1904, and

returned on 14th March He did so he stated

because of the illness of bis wife and he took a doctor with him, whom he called to corroborate his statement, and thus to show that he could not have been at the Bank at meetings of de- position between the night of the Sib and the 14th March. If this is true, either Fan Yut. Tung must have been mistaken as to the date of his seeing Kwong Yik Nam at the Bank or or his statement must be incorrect, for he said. It was on 11th March, 1904.

say there was no book kept at all with the partners' names in it. It was alleged there was such a book and that it was at Kongmoon, but I do not think that was satisfactor dy proved and the managing partners denied it. An examination of the ordinary books of the firm throw, I am informed, little light on the ques- tión. It is not stated who the people were who put in the capital. No yearly balance sheets showing profits and losses were made.out, and

Po Fung Bank. If they were, at any time, years in 1902, 1903 and 1904 do not seem to partners it would, therefore, appear that they have been paid over to any of the partners, were so in March last, so that the really im- and we are left, therefore, to consider the con- portant question is were these persons, respec-duct and statements of the admitted partners tively, partners' at any time in the PA Fung and of the three alleged partners, and of the Bank. It seems that the managing partners witnesses. If the evidence for those who allege were Kwong Kam Nam and Cheong Kai Yu, that Lo Yuk Shang, Kwong King Tong and That is admitted by both sides. The bank was Kwong Yik Nam are partners is to be believed, stated about September or October, 1901 and the case is abundantly made out against them. according to the statements of the managing But, as the witnesses called on the other side partners it appears that Kwong Kam Nam put contradicted, most of the relevant evidence in about $38,000, and Cheung Kai Yu contribut given by the witnesses for those whom for con- ad about $5,000, making a capital of $13,000, venience I will call the plaintiffs, the case with which to start and carry on the bank, requires careful consideration and that I have It seems that, shortly before the 25th of bestowed upon it. The Official Receiver, I February of this year certain people be think very properly, wished the question to be came suspicious of the bank's solvency, dec.ded one way or the other, and it was Indeed, Kwong Kam Nam, when examined threshed out for four whole days during which stated: The run on the bank began on an extraordinary amount of absolutely contra 25th February and opwards. We borrowed dictory evidence was given. i think that the nocy to stave off the run: From 1st February burden of proof lies on the plaintiffs, those who to 9th March, roo, our books show $99,000, allege the partnership. Have they brought received. The petitioning creditor, Chau forward such a boy of credible evidence as Kam Chiu, of the Poseup Chan firm states to turn the scale against those who deny that in his affidavit that the bank owes his firm the three persons mentioned were partners? $10,000 for money lent on 4th March, 1904

Taking the case of Lo Yuk Shang. and that on 14th March, he received notice that the bank, had suspended payment, with liabilities of about $120,000.00. Although the nominal assets are alleged to be more than that, there does not appear much chance of collecting any great proportion of them. Now, as it appears that Cheung Kai Yu, one of the managing partners, had advanced out of the bank's funds or deposits some $51,000 to his own shop, the Yee Cheung, and $14,000 to his father's shop at Kangmoan, it is not surprising that the creditors who had deposited money and found themselves such heavy losers by the bank's failure, should be indignant at such an application of the bank's assets. In deed, it seems that the last instalment of $4,000 to the Yee Cheung was actually advanced by Cheung Kai Yu on 26th February this year. Cheung Kai Yu admits this in his examination, Lau Sing Kiu, managing partner of a firm at and also that it has not been repaid. Conduct 127, Wing Lok Street, stated that, at his shop, of this sort may well explain why his statement Lo Yok Shang said "It is a genuine Bank, my that he and Kwong Kam Nam were only friends are carrying on the business and Kwong panners, is not deemed at all conclusive by King Tong is a partner." That afterwards many of the Bank's creditors and, in the he saw Kwong King Tong who told him that result, I have to decide the issue whether Lo Yuk Shang was also a partner, and he was the three others who have been named, induced to deposit and the Bank now owes were partners in spite of their denials of him $2,000. He added that after the Bank that assertion. It may be well in the first got into difficulties, he saw Lo Yuk Shang who place to make some general observations as to said "when the accounts are made up, we the law in force in Hongkong. The law of shall pay you all." In the course of his examination, by the partnership in this Colony is clearly stated by Then Chau Yam Cheng, a partner in a firm Official Receiver, the debtor said he com- Ordinance No. 2 of 1897, entitled 'an Ordinat 73, Wing Lök Street, deposed that he knew menced business in Hongkong last October, ance to declare and amend the Law of Partner-Lo Yuk Shang, who used to live in the country when be started as a cigar mercbant. Prior to ship. That law is practically the same as the close by his place, and that, about the begin that he had been in the U.S. Army Transport English Law, and it in no way recognizes the ning of January this year, Lo Yuk Shang called in the beautiful Blue Danube Strauss department from which he resigned in February notion of limited liability as regards the part and said he had a share in the Bank and asked Flow 1903. He had a half share in the cigar businers in a private firm. The principle of limit the witness to deposit money in it. This he Ouo Koederness, and when he started there was $6,043 W. Wilton worth of cigars in Hongkong and $9,000 worth ed liability so well known in connection with did and is now owed $500 by the Back. When in Fort Arthur and Shanghal. He bought the Compautes formed under the Companies' Or he went to the Bank, about 8th March, he was Hotel America on the 1st March, and borrowed dinances where proper modes are provided for told by Lo Yuk Shang be would get paid when the purchase money-$11,015-on the strength winding up such Companies and apportioning the accounts were made up. In face of the of the cigars in stock. The Port Arthur stock the liability of members in case of insolvency evidence of five witnesses and the direct state, disappeared, while his Shanghai agent, David

ments of Lo Yuk Shang deposed to by them, to Beerbauld also went. The purchase money and failure, does not apply to private firms. for the Hotel was borrowed as follows:-$2,000 A system of limited partnership or partner-what conclusion is one forced to come? Either from his compradore, $3,000 on a promissory ship in commandite' or 'in commendam is that the evidence is false or that Lo Yuk Sbang T. &c. Telegraph Co., kindly informs us that note from Messrs. H. Price & Co., and $5,000 recognized by French law which, I believe, was a partner. Sir Nathaniel Lindley says, interbalanced by the evidence of the four or hve the present unfortunate cable interruption with from a friend on a bill of sale payable after requires all partnerships and Companies to be his standard work on Partnership, at p. 95

three months. When that period expired they' Foochow was donbiless caused by the typhoon refused to renew the bill, and he was forced to registered. In that system the contract is be-"An admission made by any one that he is told them he had shares in the Bank, and on seil. Messrs. Price & Co. then bought thetween one or more persons who are general member of a particular partnership is evidence Hotel for $16,000, and of that sum debtor spent partners and jointly and severally responsible, of that fact against bim; and such an admis- $1,000 for rent and paid $15,000 to his solicitor,

one or more other persons who merely furnish sion renders it unnecessary, for the purpose of Mr. Brutton, who settled the balance due on the promissory note and the bill of sale, etc. a particular fund or capital Stock, and thence fixing him with the liabilities of a partner, to

The Chief Justice:-As far as this Court is" E. C. WILKS & Co., graphic communication with Foochow remains to the Oficial Receiver $9,123. At the time of or partners en commandits. The business he became a partner. It must be borne in concerned they have to pay the cost. If they.

retained his costs, viz: $1,000.60, and handed are called commandataires or commendataire, show that he executed any document whereby pay the costs, my Lord... the sale the hotel was paying

is carried on under the Social naine or mind that the witnesses mentioned deposited are bankrupts I suppose the costs will have to MARINE SURVEYORS,

His Lordship thought that the bankrupt was foolish to borrow the money for only three firm of the general partners only, the money with the Bank on the faith of these come out of the bankruptcy. Someone has to CONSULTING ENGINEERS AND

́partners en cummandite being liable to losses statements or admissions; and, therefore, they pay them. The debtor said he had expected to get a only to the extent of the funds or capital fur- cannot well be mistaken. Unless they are

SHIPPING AND MAILS. ARCHITECTS.

renewal. Since commencing the manufacture of cigars in Hongkong, on the roth February, nished by them. But, as I have said, soch wilfully giving false evidence 11 seems to me he had been unable to make any clear profit. system with regard to private firms is not clear that Lo Yuk Shang held himself out Apprentices had to be trained by. Filipinos recognized. by English Law, or the law of to be a partner and did his best to get Debtor, however, thought that if he now had Hongkong. I mention this because I believe people to deposit in the Bank, I am aware a capital of 53,000 he could make a profit of that among the Chinese of means these are that he denies the statements of these wit $6,000. His total indebtedness at present was $17,000, of which he had borrowed $12,630 to many who wish to limit their liability to the nesses and indeed actually went so far as to extend his business. Mr. Charles Hess dis amount of their share in the business. They state in the witness box, "I have never recom solved partnership on April last. Debtor had dislike being liable for unknown amounts mended the Bank to anyone." Yet he admits no liabilities in Manila,

resulting from the contracts which the man he did a business of between $150,000 and Mr. C. E. H. Beavis, on behalf of a creditor, aging partner may enter into on behalf of the $160,000 a year with the Bank, that he was asked certain questions regarding payments made out of the $1,000 retained from the pro-Hong, and as, under British Law, all partners allowed to overdraw, and while so many credi are liable for the debts of the firm, when they tors were losers when the Bank failed; he was ceeds of the sale of the hotel de

His Lordship closed the examination, and wish to evade this obligation they take care on the right side and owed the Bank $3,00 Mr. G. K. Hall Brutton, on behalf of debtor, that there, names shall not openly, appear as which he states he has paid since 6th March... asked that his client, be adjudicated bank- rupt and Mr. Bruce Shepherd appointed partners even in cases where their friends. When he wanted to make out he had ne know that they are really partners having means be stated that nii he had was the whare. morn-trustee.

The application was granted,

shares in the business, and on that ground are of $1,000 in the Po Tai Wo that was all he had

DEALERS.

DRAWING-ROOM,

DINING ROOM,

and-BED-ROOM

FURNITURE

ELECTRO-PLATED,

GLASS, and

CHINA WARES.

PASTEUR'S MICROBE-PROOF

FILTERS,

the King Edward Hotel, during dinner, on Friday, the 8th instant, (weather permitting.}

March..." Ramaine ".

Overture......" Faydee"

...Gounod ... wher

„Crock

Sefection. The Ludy Slavey ", Song... The Caterpillar and the Rose"....Gatey Selectiu...." The Orchid!

Valur Dikus

Dance .....

Punch and Judy

God save the King.

Avan Caryl

...Kitby ..Jaggetti

By kind permission of the Commander of Police, the Macao String Band will play the following programme of music at the Macao Hotel from 7.30 p.m. to 9.30 p.m. on Saturday next, the gth inst.

"Coaching Party "...... "Sezairas"

ROCHESTER LAMPS,

March.....

WHITE TURKISH TOWELS.

Overture

Waltzes.

- COUNTERPANES.

COOKING RANGES,

KITCHEN UTENSILS, and

HOUSEHOLD REQUISITES.

-PHOTOGRAPHIC

DEPARTMENT.

DEVELOPING and PRINTING

UNDERTAKEN for AMATEURS.

GOOD WORK.

PROMPT RETURN, Hongkong, 8th January, 1904

NAVAL,

Selection...

"Marthe " Walizes.............." Sweet Vows Among the Roses.." Characteristic Piece Capal Federal....." Manixe" Pulks...

." Keepsake "....

...Carl Weber G. A. Rossini

....N. Mitana .Carl Weber

TELEGRAPH INTERRUPTION.

Mr. J. M. Beck, superintendent of the E. E.

which is reported to have been raging at Sharp Peak on Wednesday morning. The buildings [45 at the Cable Station were somewhat damaged

and the serial telegraph line thence to Foo chow was interrupted by the storm. Tele-

very uncertain, almost all routes being reported in bad order, and it must be a day or twa before the cable can be repaired.

"OLLISIONS and Damages Surveyed.

Salvage Work undertaken. Ship Designs and Specifications prepared, Agents for the Construction and Sale of Steam

and Motor Launches,

Contract for New Tonnage on reasonable terms

with First-class Builders.

...

A large stock of Canadian Asbestos and

Asbestocel goods kept,

Agents for Messrs. Allen & Sons Electrical

Plant and Centrifugal Pumps.

¿.

Telogram Address

-MARINEWORK."

THE WEATHER.

The following report is from Mr. J. 1. Plum mer, Chief Assistant of the Hongkong Obser-

vatory

On the 7th at 11.45 am. The barometer has fallen slightly in S. China and risca in the Philippines.

The typhoon has entered the coast Bear 'Foochow yesterday morning..

Light variable winds will probably prevail in the Formosa Channel and the northern part of the China Sea with fresh monsoon to the

Forecast:-Light variable winds, fine. N.B.-The information received this (581❘ing is of the most meagre description.

Telephone:-No. 358.

Loom and Max. 1004,

Bouthward.

*

THE HOTEL AMBRICA.

AFFAIRS OF A FORMER PROPRIETOR.

Sitting in bankruptcy jurisdiction at the Supreme Court this morning, the Chief Justice, Sir W. M. Goodman, presided at the public examination of Frederick Nolte, latety trading at No. 1, Wyndham Street, Victoria, as the Hotel America, and at No. 43. Des Voeux Road, as the Manila and Hongkong Cigar and Cigarette Manufacturing Company.

months.

I come now to matter of certain lists of

masters or shareholders in the Bank furnished by Cheung Kai Yu, one of the acknowledged

la the lists the names

managing partners. both of Kwong King Tong and Kwong Yik Nam appear. It is true that Lo Yuk Shang's name does not appear and that Cheung Kai Yo has de- posed that Lo Yuk Shang is not & partner, but as Cheung Kai Yo stated that Lo Yuk Shang was a friend of his it was suggested he was trying to shield him. I do not say there lists are absolutely conclusive. Though I do not believe the statements of Cheong Kai Yu as to how he came to furnish them, I prefer to believe the statement of Mr. Tso, the solicitor, to the statement of Cheong Kai Yu, especially as that was not the pair list he furnished. But, when coupled with the evidence of the witnesses. who stated that both Kwong King Tong and

wong Yik Nam expressly told them they bad shares in the Bank, those lists cannot be taken as of no value, when they independently cor- roborate the statements of the witnesses.

Giving due weight to the evidence called to. show that the three were not partners, some of which I have not specially referred to, and tak ing into consideration the demeanour of the various witnesses I have come to the conclu- Shang's name from the lists is more than coun

witnesses who depose to his having himself

the whole I find as a fact that all the three men were partners in the Bank and I find against them on the issue and they must pay the costs of it

sion that the fact of the omission of Lo Yuk

Mr. Looker: They will scarcely be able to

MAILS DUE. Indian (Kumsang) 12th inst, French (Oceanien) yath inst. Australian (7sinan) 13th inst American (Siberia) 13tli inst: Canadian (Tartar) 19th just.

The Glen Line 5.s. Glenroy left Singapore this morning, and is due here on tztb inst.

The C. N. Co's ss. Taming from Manila

jest,

eft that port on 6th inst., and is due here on gth

* The A. A. Go Ana Himera from New York [" Teft Singapore

inth

- and is due here on

Slberto with mails, is on Wednesday,