1904-11-10 — Page 4

Intimations.

A. S. WATSON & CO.,

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CHEMISTS

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THE HONGKONG TELEGRAPH, THURSDAY NOVEMBER 10

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HONGKONG, THURSDAY, NOV. 10, 1994.

PRESIDENT ROOSEVELT.

A RUSSIAN military attache at Berl ched to the person of the German attache St Pau

BRITIS

FROM

days of Alexander II and William J. This ro before Mr. T Sercombe Smith (Fujine Judge),

At the Civil Summary Coujt

newal of an old arrangement is regarded as in the hearing of the action brought by Lieut." W dicating a close personal and political bond Lumsden, RA, to recover $200 damages between the two Governments, and the confrom the Hingkeng and Kowloon Wharf and plete confidence of the Russian military authon Godown Company, Lid, under chcumstances ties in the friendliness of Germany

reported in our issue of Tuesday, was continued.

CONSTABLE H. Green last night anested a Junk-master in Yaumail for being in unlawful possession of three rifles and a quantity of" ammunition, without a permit from the Capuais Superintendent of Police. The man had a cence to carry two rifles, but had five on board his boat. He was fined $10 for cach sile, and the arms and excess ammunition were ordered to be confisc red. There was no evidence of any attempt at smuggling,

Mr. Ky Jrist, (Messrs. Wilkinson and Grist) appeared for the plaintiff, and H.W Looker (Messrs. Desc, Looker, and Deacon) defended.

trams,

TO-MORROW, the inth inst, being the birthday of the King of Italy, the Italian Consulate- His Honour remarked that it amounted to General will be closed to business. Chev. Zan authorised nuisance, for there could be no Volpicelli, the Consul-General, will, however, doubt that trucks on a public highway consti- be at the Consulate in the morning from II

tuted a public nuisance.". kill 12 o'clock (noori) to receive visits fram bis colleagues, officials, and the members of the Italian community, The Consulate was lately removed to new premises at the back of the Masonic Lodge, with entrance at the junction of Zetland Street with Ice House Road.

+

1904

SE

supion

deductions therefrom in regard to the insertion

a

The reason is

nary form of policy

becau a mat insurers, had been concealed from

His which

At the time the insure

observed tha

not be taken the time the agreement no material fatty concealed,

knowledge of the world

inary meaning

only included food-sufs from the time of the of contraband did not foclude food stuffs, and Russian

His Lordship asked and at- Slade's After some little discussion on the subject,

request made a note of the same, they with the answer, whether there was anything to show either party ever supposed that Rus sia would. Jaclude foodstuffs among articles contraband

The answer taken from the exhibits, was that there was a liter from the chanterers dated the 20th February, only ten days after the sighing of the scharter, and prior to the declaration, from which it appeared that the

Russigh sugar as contraband. master had a few days previously regarded

Mr. Slade went on to argue that it was in the minds of the shipowners that rice and sugar might be considered as possible contraband. He added that the loss to the charterers was non existent, she understood that a month later the ship was sub-chartered to the Chineas

Mr. Sharp, Interposing, discounted the im- that the arbitrator found that this was entirely portance of the previous statement, and, said due to higher freights being obtainable, consequence of the war.

ley) the reported matter Wathe capt

Promar their was heard

Hon. EH. Sharp, KC, (instructed by Mf

teamship John Hastings) appeared for the Company, and Mr. M. W. Slade. (instructed by Mr. Locker, for the defence, said it was the

Messrs. Wilkinson, and Grist) represented the obvious duty of the plaintiff to prove beyond owners of the Norwegian-steamer. reasonable doubt that there was negligence on

On the Count re-assembling the part of the defendants. He redd extracts Mr. Side zeviewed the points he had made from a number of decided cases in regard to what he purposed to continuo in the shape of the previous hearing, and gave an outline of milway mit istration, and sought to show argument. He said that the Russian declara that the Legolature having sanctioned the use on included as absolute contraband all food- of trucks on a public highway, it was the duty stuffs consigned to Japanese Ports, and on of the public to get out of the way of passing that point he quoted the London - Gesells., Then be submitted that the Russian Prize Court at Vladivostock had self-interpreted the declaration on that point, and on that point he had referred to the American protest re the Arabia. Then he said, having regard to these Mr. Looker, in admitting this, said it must facts, that it would be the duty of Russian be taken, that the Legislature in authorising cruisers to seise and send to Vladivostock any the use of trucks on a public highway presumed ships-bound to Japanese, poris carrying bod that the nuisance would cause a certain danger stuffs He then contended that it was the duty in the public. He spoke on the principle of of the Court to consider what was the intention. identification and argued that when a passenger of the parties 10 this charter when it was signed, engaged a ricksha he identified himself with and to ascertain the intention of the parties CAPTAIN Todor of H.M.S. Crany, which ar

the puller. The ricksha were all pulled by with regard to any particular clause, the Court rived at Singapore from Hongkong on the 2nd Chinamen, who only knew Chinese, and he would consider the cause, meaning and effect inst., repons that on Oct. 31 in Lat. 9 deg. 13th ught he might truthfully say that the major of the rest of the charterparty, and draw. min: N., Long. 190 deg. 24 min. E, the cruiserity of those who used the ricksbas did not fell in with a Malay prati which signalled for understand Chinese, so that their only way of of the clause in question, -clause 37-not to help, The Cressy bore down on the vessel indicating their wishes was by signs or the use The crew and passengers, who included a practice for the drivers to control the rick duty was imposed upon the charterers not to contract of hiring, apart from any special tems, woman, were taken on board the Cressy, and shas, particularly in regard to the direction ship any goods, which might be subject to as the prau was a danger to navigation Captain in which they were going. In fact, they had detention or forfeiture. Had the Captain signi Tudor had her blown up with gancotton.

the general ontrol, in the present case the ed or accepted the bill of lading, the ship plaintiff told them very clearly that when he owners would have been-liable as the shippers came round the corner of Elgin Road he told of cargo OT HUMAN AN the coolie to go very slowly, as there was no His Lordship said that whether those goods difficulty in catching the ferry, which was just were contraband or not, the charterer must coming in, and he did not want to run the risk know that they were liable to seizure. What and of being sun into by a trolley. When he did that why should a Russian care to what part of he at once assumed the entire controlofthat rick Japan a ship should go with enemy's goods, so sha for bit own safety. Apart from the general long as that ship had the enemy's goods on principle, he submitted, in this case, that the board? pl-intiff, by his own act, identified himself with

Mr. Slade replied that under the declatation the accident, and it was peculiarto note that the Russia had agreed to be bound by the Treaty particular act was to prevent himself being of Paris. She ought not to capture a ship thrown out. He would therefore suggest that covered by a neutral flag providing the ship there was undoubtedly contributory negligence had no contraband on board, Counsel was on the part of the ricksha coolie. The coolie particularly impressed with the importance of undertook the risk of running across this track, the Nobel case in regard to his contentions, instinct for the right. Self-reliant?-yes, but I'm an honest, trushful man from Glasgow," dent. He laid stress on the fact that the he urged that the sole purpose of inserting the and was in the main responsible for the acci He cited many other authorities. Continuing, with the anchor of supreme loyalty to duty. said a cannie Scout, when charged with assault. Original and unique ?-yes, but with the ing an Indian Policeman in the execution of

watchman and the coolics pushing the truck clause 37 was not for the purpose of limiting safety of fixed and sure ideals. He has his duty; "and if any blackman lays his hands called upon the ricksha man to stop, and that the operation of the ordinary law, but for the in exalted measure the great fundamental on me, ain't I to lay mine on him?" It ap

it was stated that he (the coolie) could have purpose of making it absolutely clear that he [35 virtues, truth, purity, uprightness, patriotism, pears that our friend front North Britain, being stopped and he desired to de so. Counsel was to run no risk of any kind or description,

probity, and courage. He is as brave as a

that out of the number of the licensed mindful of the value of the bawbees, elected to maintained that had Lieutenant Lumsden been and to render impossible any dispute in such a

keeping a proper lookout, he would have seen regard..

European pilots, some have formed into lion and as honest as the daylight. He has take a trip in the Star Ferry's boat to Kowloon both the timber steamer and the train coming,. After the interval for luncheon, Mr. Slade syndicale and acquled a sailing craft for

use differently, and as the canny one would neither and it was obviously the duty of both the plain-urged that the Captain was quite right in re 29 pilots cutter opiside the waters of the pay nor get out, a policeman was called, an In.tiff and the coolie, knowing the frequency with fusing to carry any cargo which might reason-olony, to board incoming vessels in the early which trans crossed the road, to proceed at ably he regarded as liable to be captured. If hours of the morning. It is said that to such such a rate (the ship blocking the view) that was to obviate any such risk that the special an extent has the support of steamship com the vehicle could be pulled up without the clause (37) was inserted. The clause way panies been promised the European pilots that slightest fear,

meant that the captain should not under any they will be divided into two batches to pro Mr. Grist replied at some length for the circumstances whatsoever carry anything which seed North and South, respectively, plaintiff, and argued that it was impossible to might be construed as contraband. imagine that a man engaging a riciba could be

His Lordship said that if Russia had not a assumed to have control over the coolie. If ship in the Pacific, and the vessel in question the coolie on his journey deliberately ran into was ordered to trade, say between Kabe and something could the passenger be held rea-Yokobama, could the master refuse to 80 ponsible?

merely in consequence of a rescript published His Honour-It seems very likely that it in St. Petersburg declaring all ports in Japan

-For some time past, it has been clear that the Democratic papers in the United States were waging the presidential campaign, just brought to a close by the re-election of Mr. Theo. Roosevelt by an overwhelming major CUS-ity, largely upon the personalities of the two TOMERS TO KEEP A BOTTLE BY candidates. According to the Literary Digest Judge Parker was pictured as the THEM UNTIL THE AUTUMN IS

defender of the Constitution, and President and found ther dismasted and unseaworthy. of simple expressions, but it was the universal carry contraband," Then again by be mere at an actual profite de OVER.

Roosevelt as a reckless Hotspur who would ride roughly over al restraints and preced ents. Rarely, says a Cleveland journal, has A. S. WATSON & Co., there been a national contest which the presidential candidate of either party was so completely the platform of his party. The foregoneness of the Roosevelt nomination was never doubted, and where the personal issue was involved party spirit must agree in according him the preferential right which is now given him of four years more in the White House. President Roosevelt's char- acter has been described as an open book. Above all things he is frank, open, and unequivocal. From the first he has taken the country into his confidence, and in turn the country gives its full confidence to him. Impulsive?-yes, but with an uncrring

LIMITED,

CHEMISTS,

DRUGGISTS,

&

PERFUMERS,

&

&c.

THE

HONGKONG

DISPENSARY, ALEXANDRA BUILDINGS.

ESTABLISHED A.U. 1841.

Hongkong, 29th October, 1904,

TELEPHONE NO, #36.

►

CABLE ADDRESS: "ACHEE," HONGKONG

A. I, C. CODE, 4TH EDITION.

ESTABLISHED 1859

A CHEE &

祥

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17, QUEEN'S ROAD,

a lofty ideal of the public service and is faithful to its standard. He measures up to the mark of duty himself, and is rigid in this exactions on those around him. He belongs to the rare type of men endowed with the genius of great and arduous achievement, Men compare him, not inaptly, with Emperor William, and his vivid personality inspires the unstinted tribute, perhaps excessive, of such sober historical students as James Bryce. However observers differ in their

FURNITURE estimates, none fail to recognize his powerful

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DRAWING-ROOM,

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PROMPT RETURN. Hongkong, 8th January, 1904.

ESPECIAL OLD TOM GIN Marshall and

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DOUBLY DISTILLED

AND OF MATURED AGE.

TO BE OBTAINED FROM-

THE MUTUAL STORES, Des Vœur Road.

Hongkong, 11th May, 1904.

individuality, his instant perception, and his vital, virile action.

LOCAL AND GENERAL.

By kind permission of Lt.-Col. Iremonger and officers; the Band of the 93rd Burma Infantry will play the following programme of music at the King Edward Hotel, during dinner, on Friday, the 11th instant (weather permitting).

March......The Menarch"

.Ord Hume. Mazurka...."Slavonie Dance", .....Karoly Kiný. Selection...."Three Little Maid.".......Rubens. Polka. Mein Roschen**

...Auger, Selection....An Artist's Model....Sidney Jones. Valu. Mlue Danube “

SHAU Lancers.The Savay"

..Sullivanı.

God save the King.

without paying for it, but the conductor elected

dian constable, to whom he was given in charge. Upon attempting to arrest the man the con. stable received a knock down blow on the jaw, and Sandy is regretting that he gave up 3 comfortable job at home to come to such a country as this?

THE NORTH SEA OUTRAGEK.

JAPANESE PRESS COMMENTS.

The Nichi Nichi publishes the following remarks on the North Sea outrage:—

Even judging the incident from the point of view most favourable to the Russians, it can

would be contested.

Ti

:

Mr. Grist in conclusion argued that it could never be upheld that the coolie was under the passenger's control at all. It was the same as a man taking a hansom cab at home. Could the fare reasonably be supposed to have the which way to turn, etc.

blockaded and because Russia had declared certain articles to be contraband, which or dinarily were not considered contraband?

Counsel for the defence, concluding for the day, said that what the Captain did was to en tirely preclude the possibility of falling into the hands of the Russian cruisers, in which he was quite justified by the terms of the charter.

The bearing was further adjourned.

PILOTAGE IN HONGKONG.

A Marine Boud of Examination fo pilot's certificates was held at the Harbour Master's office today, when four candi. dates presented themselves for examination, Two of the candidates failed to

satisfy the examiners, but the other two || passed | number of licensed pilots now in port is eight they were Captains Mnegrin, and Majer The

Europeans and ore Chinese. No other ex- amination will be held until the beginning of next year that pe

We are informed from a reliable source

BOXING

An exhibition of scientific boxing will be Saturday night next, when four couples will given at the Maropole Hatal theatre on

appear in four rounds each. The principal event of the evening will be between Jack McAuliffe and James Christie The former, it Hongkong public about four years ago. He will be remembered, appeared before the

has, since then, been touring India and the traits and recently gave an exhibition in

TO-DAY is the anniversary of the birth of the only be compared to the action of the cowardly control of the driver beyond directing him manded. He failed to see how in the circum-Shanghai. He is considered one of the clever

Duke of Fife, the eldest son-in-law of King

Edward VII.

Samurai who struck a stone lantern with his sword, mistaking it for a ghost. But the famous Baltic Squadron, whose mission is to crush the Japanese feet in the Far East, cannot be be lieved to be either su cowardly or so careless The fact that the Squadron drew up into fighting formation against the helpless 6shing-vessels cannot be easily understood, but it is certain

Mr. Slade, in reply, admitted that he might be somewhat obscure, and probably had not made his pointe quite as clear as His Lordship de stances such an analogy could be introduced, Christie's abilities are well known in Hongkong. est exponents of boxing in the East. Mr. have been any dispute in which a hansom was many Russian cruisers, be being in a foreign Strange; Franks and Armstrong and Cohen His Honour said that there did not appear to as the captain was not supposed to know how Other contests will be between Delaney and concerned, the cases, generally, involving tramsport, were, or were not, cruising in the neigh and Marayat. There will also be an exhibition

bourhood of the Japanese coast, and he (the of club and axe-swinging and bag-punching. Captain) must therefore abide by the conditions His Honour said he thought it would be con-under which his vessel was chartered by the THE usual monthly dance given by the that the Russians did not take the vessels for venient if he delivered a written judgment, plaintiffs, and particularly bearing in mindcause R. A. O. B. takes place in their rooms, No. 1 Japanese torpedo boals, as they had sent tor Queen's Road, East, to-morrow, at 8 p.m.

THE Kaub Australian Mining Co., it is said, intend re-opening the stope shaft near Bukit Hitam in the near future.

MR. W. R. McD). Parr, arrived by the s Laisang from Jatung, to took up his appoint ment as acting Commissioner of the Imperial Maritime Customs,

On Wednesday next at 2 p.in. Mr. F. J. Bade. ley will, on the invitation of the Police Club, open the club's new recreation ground, which has just been laid down and newly turfed at Happy Valley..

THE members of the Royal Engineers Junior N. C. O.'s Quadrille Club gave a very enjoyable dance in their boatshed, at Wellington Bar racks, last night. The music was supplied by Sergeant Fielding, the floor, the decorations, and lastly, though not least, the supper, let nothing to be desired.

IN bonour of the King's birthday, H.M.S. Vengeance was illuminated last night from stem to stern, and from truck to water list. As she lay in the harbour outlined in myriads of lights she presented a beautiful sight, and attracted a large throng of sight-seers on 10 Praya Central, Blake Pier being crowded.

WHILE the Norwegian steamer Spir was going through the South Channel, Singapore, on the rst inst, her steering-gear-broke down and the pilot at once caused the anchor to be let go. The vessel swung round and her stern fouled the buoy on the Tambaga Reef dragging it into the centre of the South Channel. The buoy was readjusted by the Marine Department the (608 | following day.

pedo craft to reconnoitre them. Their inten- tion must have been either to cause an incident that would prevent them from proceeding to the Far East, being unwilling to confront Admiral Togo's fleet, or to discharge upon the fisheries

and omnibuses.

After some further argument,

which he would do at an early date.

CHINESE MONEY. LOAN ASSOCIATION.

THE WEATHER

The following report is from Mr. J. 1, Plum.

vatory

37. Counsel quoted from Dimich v. Cârlelt and other well known cases bearing on the legal position be had taken up on behalf of the deer, Chief Assistant of the Hongkong Obser fendants. He contended that the real meaning

On the 10th at 11.55 am. The barometer bas of the clause that the ship should not carry

risen considerably in Japan and slightly af their anger at British: friendship toward Japan. there was no appearance in the case of Wong/Russia had declared contraband. This char. most other stations,

At the Civil Summary Court this morning, contraband was that she should not carry what

Gradients are moderate, up on the Coasts o It is also possible that they withed to bring Ah. Luk, 19, East Street, v. Fung Sze, of 29: ter party was settled and agreed, though not

Aberdeen Street. The parties, spinsters, had actually signed before hostilities had broken China, and over the China Sea. Moderate NE monsoon will prevail over the whole of of this

Forecast-Moderate, NE winds, fine.

Britain into the war, for the purpose of avoiding the necessity of surrendering to Japan.

...

apparently come to some settlement outside GUL the jurisdiction of the Court, and the case was struck out

It appeared that the plaintiff entered suit for the recovery of $283 due from the defendant in respect of a money loan transaction being one of which plaintiff was the head.

His Lordship said he would like some reason to think that the parties had in their minds something more than the ordinary and accepted meaning of the word "contraband."

The Jiji comments as follows:-On catching sight of the British fishing vessels in the dist- ance, the Russians sent out a torpedo boat and turned searchlights upon them, to discover their character. Yet, after all this trouble, they

Mr. Slade said the agreement was come to be- mistook them for japanese torpedo craft. Their

fore the breaking out of hostilities, though it was carelessness can and no excuse. But the fact It arose out of the old time system of borrow signed actually the day after the news arrived that, on knowing that they were in the wrong, ing money in a hurry, whereby pools are made in Hongkong that war had begun. It was they left without attempting to rescue the and draws monthly. The sums staked may well known at the time that Russia had "a sufferers or notifying the incident to any part vary from one to many hundreds of dollars, strong naval force, including many swift, of the British coast, is enough to show that the and the subject is well understood, by all stu- cruisers, gathered around her naval base in the Russians have no knowledge of the dictates of dents of Williams' Middle Kingdows under the North. Under the charter-party the ship humanity. They also apparently ignored the heading of "Societies." There is no gambling might be taken to any open port in either friendly relations existing between Russia and about it, but the whole thing is handled in a China and Japan, whether near Russia's naval Great Britain. It is, therefore, only reasonable thoroughly business way. The "head" or pro base or not, provided that she carried no con- for the British public to demand, that Russia moter of the scheme, gets the whole of the first traband. The agreement was made with the should punish the chief offenders, besides pay: drawing, by right, and the pool is re-arranged full knowledge that the ship being a neutral ing fall compensation to the sufferers for their each morth until every subscriber has drawn ship would be free from captore if not carrying losses. As for the Japanese Navy, it would the pool, the difference being that the previous what, according to Russian ideas, would be con- not like to miss the Baltic Squadron. It would drawers pay the whole of the original, stake, traband. She would, 1owever, be liable to like to meet it out in the Far East and complete whilst the non-drawers pay the stake less the capture if she did carry contraband The the destruction of the Russian naval force ouce interest of the amount they have already sub agreement was made with full knowledge and for all. But, from the point of view of scribed.

that Russian ship of war, and Rusaints' humanity, we cannot but agree with the Britib

It happens, however, that subscribers die, Prize Courts would be governed by the Rus- Press, that the Baltic Squadron should be pre- and other fail to "ante-up at the necessary sian declaration Contraband. The clause vented from continuing its voyage. It is certain moment hence many complications arise, and in question was primarily inserted to save. that the presence of the Squadion on the seas, the "head" is frequently, though not often, letin. the ship-owners from war ziska, -- 11 was threatens the shipping interests of all Powen, Some interesting' side-lights might have been clearly withid the ledge of both parties to owing to the over-excited condition of the thrown on this peculiar phase of Chinese soci- this contrací, that the ordinary custom of ship-, officers and crews.

ality had the case been heard,"

owagin was to insure, ships

SHIPPING AND MAILS.

E MAILS (DUR. American (Mongolia) 13th inst

* French ( Towrans) 14th inst, -

Indian (Catherine Apcar) tąth inst, American (America Maru) 18th inst." Canadian (Empress of Japan) sist inst. Indian (Namuang) 23rd inst.

The 6.4. St. Filians Jest New York on 6th

instea

Thess. Lowther Castle arrived at New York

on 3rd instant calle

The P. & A 11 Arabia left Moji on oth inst, and may be expected here on 14th last.

The CPR Co.'s sa Emprus

arrived at Vancouver at 3.30 p.m. on 9th inst. The Imperial German Mail as Sach which left here on lihull, arrived at Gen

on Wednesday, at 7am.

The A. A. COLL. Xith from New York left. Manila yesterday afternoon, and, is due here on Saturday, at daylight

The IC 5) N. Co's $.5. Vamuang left Cal cutta for this pont via the Straits on 6th-Inst., ordinar" and may be expected here on 23rd fast, m