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FASHIONABLE MARRIAGE.

JORDAN-DALY

supported by Mrs. J. M. Adkinson. The bride arrived from home, escorted by her uncle Fr.. O'Kelly, in the Cromundel, on Friday morn ing. The chapel hat been beautifully decor. ated with flowers, pains, and potted plants, the chancel being a perfect garden of exquisite exotics. The bride, who wore an elaborate over white frock of delicate white lace silk, and a white hat with plumes, car- ried a eautiful bouquet. She arrived pune. mally t 3 p.n, and the wedding cere

Over

THE HONG KONG TELEGRAPH, SATURDAY, NOVEMBER 12, 1904.

Mr.

RELEASE OF RUMIAN' PRISONERS.

INTERESTING CEREMONY IN KORE.

|that they would be taken on houd the John Hastings) appeared for the Osaka Shosen Hon: E. H. Sharp, K.C, (instructed by Mr.

sang this morning at 8.37.

This concluded the proceedings, and shortly afterwards the spectators of the interesting ceremony dispersed, the Russians being con. veyed to the Quarantine Station. A larger crowd than before had assembled in the streets, and watched in respectful silence the departure of the newly freed officers and men.

LAND SALE.

yih inst.

The lot of Crown Land advertised for sale, at Kowloon Tong, new Kowloon, was put up for auction at the offices of the Publice Works Department this afternoon, the unset price being S10 The lot was knocked down to Messrs. Denison, Ran and Gibbs for Sa10, and was purchased on behalf of the Fasel Mission. There were no other bids.

Kaisha, and Mr. M. Slade, (instructed by Massrs. Wilkinson and Grist) on behalf of the owners of the Premitheus.

bound by anything which went beyond Inter- be takon. Neutrals had always refused to be national Law. The owner's" contended that, apart from contraband, the charterers acted illegally in employing the ship on this line, hat whilst he had many answers to that in the negative, he maintained that it was a perfectly lawfulvoyage. The doctrineupon whichthis con- ention was based was obsolete, and had fallen into disuse, practically since the 18th century. Counsel again proceeded to wade into lengthy decided cases, and on one occasion went as far back as 1765. He rejected the theory that the charterers had erred in taking the Pro- metheur into the Formoson ports of Kagoshima- and Okinara. They were what were known as non-treaty ports, that is to say ports pat opened to universal trade by treaty, but any one could

Mr. Sharp had not finished his arguments. trade there by getting certain permission, which was by no means difficult to obtain. when the Court rose at 345, the further hearing being adjourned until to-morrow morning at

I o'clock.

8th inst.

Counsel for the plaintiffs, in his opening statement, said he appeared under section 544 of the Code. Mr. Hewalt had acted as Arbitrator to state an award under that section ng to the whole or part of the case in the form of a special care for the opinion of the Court. With regard to the facts there was no difference between them. The plaintiffs who claimed damages were a steam-ship company, trading along the coast of Japan and Formosa, and

The Japanese Govern possibly elsewhere. ment had hired certain of the ships belonging to this Company as transports in connection

steamer Prometheus, the vessel in question, with the present war, and the Company had chartered other ships including the Norwegian to carry on their regular trade. On the even ing of the 8th February war began between Russia and Japan. On the toth February a six months' charter was made at Hongkong between Meum, Sander Wislar & Co., agents The Chief Justice (dir Henry S. Berkeley) for the owners, and the Osaka Shosen Kaisha resumed the hearing at the Supreme Court this ns charterers. He would only draw His Lord-¦inarning of the action for damages brought by

and owners of the Norwegian steamer Prome charter.

thaus, as reported in these columns yesterday.

the organ, and playing Mendelssohn's wedding and Mrs. A. Plummer, 6wer bowls in silver; totally blind. Ar interval of about a quarter of | here in Canton in which English was taught ship's attention to a very few clauses in that the Osaka Shoren Kaisha against the Captain

mony was soon fully choral, Mr. E. 1nenberg presiding at march as D and Mrs. Jardan passed down the aisle. While the following daintily dressed children strewed lowers along the path of the happy pair: Misses Stella, Phoebe, Iris and Dino May, Masters Nigel and Bernard Atkinson, and Gerald and Maurice Slade. After the service, Sir Pul Chair held a recep- hun- tion at his residence, for which two dred invitations had been issued, and there the healths of the bride and bridegroom were drunk with theers, photographs of the bridal parly being subsequently taken. The presents were very numerous and handsome, a large number having been brought out by the bride from friends of the happy couple at home. Those invite included the following:-

What would the schools do then?

SUICIDE OF 1. G. HANSFORD

OF THE 1 M. CUSTOMS SERVICE.

7th inst. At half-past twelve o'clock on Saturday after noon, those near the Imperial Maritime Cus

salver; Mr. and Mrs. Vernor, silver cruet. set; Mr. and Mrs. A. Mackenzie, silver photo frame; Mr. A. G. Ward, silver photo frame; Mr. and Mrs. Volpicelli, carved ivory 7th inst.

vase, Mr. Artoon V. Apcar, silver punch-bowl; Air, and Mr. Grant Smith, silver trinket box; This afternoon, at three o'clock, in the Chapel

Dr. Keyt, silver cigarretic case; Mr. and Mrs. It is not often that the people of Kobe have of St. Joseph, Garden Road, by the Rev. Fa

An opportunity of aceing prisoners of war pass Job A. Plummer, pair of silver sweet dishes; ther O'Kelly, uncle-of the bride, were united in the bonds of holy wedlock Doctor Gregory Dr. and Mrs. J. M. Atkinson, four silver flower through the street, remarks the Chronicle of ses; Mr. A. F. Forster, silver match holder; witnessed yesterday in the neighbourhood of the 23rd inst., but the unusual spectacle was Paul ordan, nephew of Sir C. Paul Chaler, Kt., c.MG, and Marion Josephine Daly (ade Dr. and Mr. Few, silver box; Mr. B. L. Botliwalla, Ormsby) Sir Paul Chater gave the bride silver photo frame; Dr. and Mr. Hunter, the Central Post Office. The streets there were away, the bridegroom being attended as best silver photo frame; Mr. and Mrs. H. W. Slade, thickly lined with spectators, while gendarmes preserve order. Round the gales outside the man by Mr. A.G. Ward, there being, accord-silver flower vases; Hos. R. chewan, silver and police were stationed along the route to sto Casion, in bridesmaids, the bride being dish: Mr. John Gregory', silver card tray Chamber of Commerce building the crowd was Mr. C.). Conke, silver pin cushion; Mr. and Mrs Mowbray Northcote, silver butter dish, particularly large, for it was bere that a and flower holder; Mr. and Mrs. Tatrant, rge number of prisoners of war were to be silver pas pourri Mr. W. Taylor, silver formally handed over by the Japanese authori maunted claret jug Capt. aud Mrs. Milroy, ties to the French Consul and so released from s Iver fruit spoons; Mr. and irs. Binay, silver imprisonment. Istide the Chamber of Com- tea set; Mr. and Mrs. Tilden, silver flower nerce building, preparations had been made for

THE KADOORIE SCHOOLS. vases; Mr. and Mrs. N. A. Siebs, gold-plated the formal transfer of the officent and men, the fruit spoons; Mr. and Mrs. Geo. P. Lammert, Ceremony being of a semi-public character. In

The Canton correspondent of the WN. C. D. carved black-wood chair; Mr. James Rankin, this room, Mr. Heri, an official of the Kencho, silver lamp Mr. T. F. Hough, clock; Mr and had charge of the arrangements, which were

rs. Ahmet Rumjahn, silver box; Mr. and completed at about two o'clock. Shortly after News writes as follows:- The service was

wards two of the Russians arrived, both being Last year there were two Kadoorie schools E. M. Hazeland, silver, dower vasesi Mr and Mrs. H. Crombie, frust-dishes in silver; an hour passed before any of the others arrived, to the Chinese, I believe that one has been when they came trooping in in twos, having closed, and the master has entered into the been conveyed along the streets in jínrikisha, indoor staff of the Imperial Customs. It is Mr. and Mrs. J. T. Douglas, silver bowl; Mr. and Mrs. A. S. Mihara, ivory fan and silk

They quickly occupied the chairt provided, and rumoured that the venture was not so success- hy twenty minutes past two everything was in ful as was anticipated, because Mr. Kadoorie doyleys; Dr. Forsyth patent razors; Mr. and

readiness for the ceremony.

wonki insist on conducting the schools accord- Mrs. Mclean Gibson, sweet dishes; Mr, and

Several foreign members of the public,ing to hin wishes and he thereby alienated Mrs. Grace, silver flower vases; Mr. H. Percy Smith, silver specimen vase; Mr. and Mrs. A.

1 M. da Silta, silver spoon; Mr. A. H. Skelton, ficicals, and the Press were accommodated at many of the well-to-do Chinese. It is now the side of the hall, in which, although almost proposed, I hear, to farm à trading company and Mrs. S.A. Skelton, silverfuit dish; Mr. and Mes, dans Gibson, silver photo frame; Mr. filled with people, a deep silence reigned. whose profit shall be divided. Five per cent Neither prisonen nor [spectator indulged in shall go to the shareholders, and the remain Bruc Shepherd, silver pergne; Mr. and

conversation. I was noticeable that several ing profits shall be devoted to the upkeep of D. H. Silas, silver and tray: Mr. Wai On, silver of the Russians scarcely moved their eyes off these schools. This does not strike the out Mrs. G. J. B. Sayer, album; Mr. and Mrs.

The ground, as if painfully conscious of their siders a very satisfactor; arrangement, as it bowl; Mr. and Mrs. A. E. Hodgins, set of lac quered tables; Mr. and Mrs. Shelton looper, position. However, with the entrance of the might happen that some year only tour per picture; Mr. an i Mrs. J. Llooper, silk embroid-leading actors in this unusual scene, there was cent remained for the shareholders, when the ed table cloth; Mr. J. Orange, Chinese puzzle; something to accupy the Japanese and other books were balance i at the end of the year. Hon. F. and Mrs, May, Commodore and

Viss Ellis, silver card tray; Mr. and Mrs. Pinck-spectators, and to avert the attention of the Mrs. Dicken, Major Gencral and Mrs, Villiers Hatton, Hos Dr. J. M. and Mrs. Atkinson, ney, book; Mr. and Ms Swan, bridge-box; A onlookers,

Chuck, tea set; Mr. A. Howard, silver card trays; Mrs. Aitken, Messrs. A. V. Apcar, C. P. Allan, Mr. and Mrs. Alfred Herbert Ronnie, Carved J. Arima, and the Rev. Father Augustine. J. W. Balles, Dr. and Mrs. Bell, Consul blackwood chairs Mr. Fang Wa Chun, Chinese embroidere i satin coal; Hon. Dr. Ho Kai, set of General and Mrs. Bragg, Messrs A. Babington, S. Bisney, M. Beck, Hon. A. Borthwick, silver-mounted finger bowls, Mr. and Mrs. E Miss Barker, 5. E. Berton, A. Bryer, J. X.J. Jordan, clock; Mr. and Mrs. Herbert Tom- Britten, F. RL Bowley, Dr. Barnett. Mr. C. J. Cooker and Mrs. Cooke, A. Crombie, Mr and Mrs. Craddock, Mr. A. Chapman, Mr. and Mrs. Caldwell, Mr. J. P. Cochrane. Messrs. A. Denison, V. H. Deacon, F. B. Deacon, J. T. Douglas, Mr. and Mrs, W. Danby, Messrs. J. K. Benly, B. Darabjee. Messrs. C. M. Ede, G. R. Milwards, A. M. Essabboy, F. W. Ed- wards, E. Filis. Dr. Forsyth, Dr. Forster, Messrs. A. Fahrinan, C. F. Focken, Fang Wa Chan. Mr. and Mrs. Grant Smith, Mr. and Mrs Grace, Mr. F. 12. Goddard, Mr. J. Gregory, D. R. M. Gibson, Mr. and Miss. Gorham, Messrs. T. C. Gray, E. Goetz, W. D. Graham, Mr. and Mrs. T. E. Griffith, Hon. and Mrs. Gershon Stewart, Hon. W. J. Gresson, Dr. A. Gibson. Mr. and Mrs. and Miss Shelton Hooper, Mr. and Mrs. J. Hooper, De and Mr. Hunter, Mt. A. Howard, Mr. G. R. Hunter, Mr. T. .lough, Mr. and Mrs. Holyoak, Mr., Colony, a kiss bring the whole cause of the Mrs. and Mist Harker, Mts, and Miss Hance,

named Thomas R. Lewis, accompanied by a Mr. an Mrs. 1. Humphreys, Miss Hair, Mr. and Mrs. A. B. Tuke, Bot. Dr. ile Kai Mr. young damsel were in hairs, and the former becom ng somewhat amorous, drew his in- and Mrs. He Fook, Mr. and Mrs. Ho Tung, Mr.

am" ata towards bio and imprinted a resound T. Hodsuni, Mr. Á. Haupt, Dr. and Mrs. Har- ston, Dr. Spencer Hough, Mr. and Mrs. Ilaze-ing osculation on her more or less blushing land, Mr. and Mrs. E. M. Hazeland, Mr. and cheek. A German, who was coming up the

road in another chair, called out a remons Mrs. E. H. Hinds, Capt. and Mrs. Hodgins. A. M. S. Ismail, Mr. and Mrs. Jupp, Mr. John Paul trance at such behaviour in the public street, Jordan, Mr. 1. U. Jeffries, Mr. A. W. Jeffries, and the girl screeched, Lewis then stopped Mr. and Mrs. Lee-Jones, Mr. Jones, Mr J. W. his chair and got out, making the German do Ms. Kan Sr. ou Ms. Kraft, Dr. F. H. he could have it," and drawing a knife, he Kew, Dr. Ren, Mr. L. Knox. M. and made a lunge at him. The latter threw up his Mrs. Lummert M. G. R. Lasimert, left hand to ward off the blow he saw coming, Dr. Lang, M. La Pak, Mr. J. T. Lauts, Mr. 11. and had his finger tips severely cut, receiving also a serious cut between the thumb and arst W. Looke. Mr. and Mrs. Mitchell, Mr. A. G. Mons and the Misses Morris, Mr. H. N.

finger. The blow was followed up, with a stab in the forehead, which broke off the paint Mody My Macdonald. Mr. H. C. Marshall, Capt, and Mrs. Mifray Mand Mrs. Mackenzie, of the knife. A call for the Police was made, and the two men were taken to the Central Mi and Mrs. Mihara, Mr. Mrs and Miss Mur.

Police Station, one w lay a charge of grievous ray Hain, I. MacDougal, Mr McIntosh. Mr.

bodily harm, and the other to secure bail. and Mas. A. 5. Northeate, Mr. and Mrs. Noyes Mr. SG Hing, Mr H. M. H. Nemazi, I.ewis was this morning placed before Mr. Mr. Noma. Up: Olifert, M. and Hazeland who took a rather serious view of the case, and talked about committing it to Mrs. Ormisto, M. and Mrs. Osburnt, Mr

the next Criminal Sessions, but the German E. wen Mr. B. Ono, Mr. J. Orange.

said he did not wish to press the charge as Mr. and Mrs. 1. C. Peter, Mr. and Mrs. Finck- ney, Mr. and Mrs. G. W. Playfair, Mr. G. H he was a stranger in the Colony, and hoped His Worship would deal with the matter sum- Potts, Mr. P. C. Potts, Mr. W. H. Potts, Mr and Mrs. Plummer, Mr. and Mrs. J. T. Plum-marily, but leniently. His Worship then severe. ly reprimanded Lewis for his assault, and Aned mer, Stal Surgeon Parker, Dr. Pearce

him $150 with the alternative of two months' 1 he fine was paid, hard labour

IVATEN RETURN.

friends.

EXPENSIVE OSCULATION.

VINE $250.

sih inst.

The peace and repose of Ice House Road was disturbed at midnight last night by an American and a German, both visitors to the disturbance : It appears that an American,

tion of their health and other wants, and no

10ms

Mr. Slade at this point admitted that the agreement was actually sigued after they know that war had been declared

On the aznd February the charter actually

In reply to a question from the Bench, Counsel added that they claimed damages which they did not ask His Lordship to state, which they claimed to have suffered in con- sequence of what, they argued, was the wrong. ful and improper refusal of the Captain

to

Mr. Sharp, continuing, said that a special clause had been added in writing to that agree. ment to the effect that the steamer was not to go to any blockaded port nor to carry any contra band. The arbitrator asked the meaning of that, wird contraband under that clause No. 37. The result of extensive correspondance regarding the terms

open ports" was to use the words of the other side "non-treaty ports, so long as the Japanese Government keeps them open." commenced, and on the following day, the Prometheus left Hongkong, under the charter, for Formosa where she loaded rice and sugar, provisions in fact he might say, for Yokohama Mr. Akiyama, a Councillor in the War

and Kobe, and that cargo was duly carried Office, and an authority on international law,

and discharged in those ports. Whilst at Kobe, loading began for the second voyage accompanied by Mr. de Lucy-Fossaricu, the French Consul, hire entered. Mr. Akiyama

from Kobe to certain Japanese coast ports and nt once addressed the Russians, who rose in

Formosa. The captain, on behalf of the a body in response to his bow and then resum

owners, declined to take provisions on the ground that they were contraband under clause kins, vase; Mr. and Mrs. Ho Tung, silvered their seats. in the course of his address. Mr. Akiyama, whose remarks were interpreted flower stands Mr. Ahmin Haupt, cloisonne

Revenue cutter, Líkin, lying in the 37, and the result was that after much corres vases; District Grand Lodge of Scottish Free into Russian, said he had come to Kobe under Hongkong and Whampoa Company's Dock at pondence the voyage had to be abandoned, masonry, set of silver flower vases and silver. structions from General Baron Terauchi, Kowloon, were startled by the report of a rend the ship after lying as a dead loss for some mounted finger-bowls; Mr. and Mrs. Fred. D. the Minister for War, to deliever the Russian volver shot, apparently coming from the side time in Kobe harbour, returned to Hongkong Goddard, niver bowl; Mr. and Mrs. E. Os-officers and mec he saw belere him over to of the Likin. Upon praeceding to the place and was sub-chartered to Chinese for different borne, bronze lebster ornament; Mr. 5. D. the French Consul, as it had been determined the body of Mr. Lewis George Hansford was purposes altogether. The charterers claimed Moonshee, silver card tray; Mr. and Mrs. T. to send them home. The Japanese Govern found tying prostrate on the floor of a small damages, but the amount of those damages A. Rose, cushion; and other from home meat, said Mr. Akiyama, deeply regretted the matched erected near the European quarters, they did not ask His Lordship to decide, for it outbreak of the war, and had not the slightest It was bleeding profusely from a wound in the being a matter of arbitration there were no hostile feeling against the Russian people. region of the heart, while beside the man was pleadings. The thirteen men of those present who were

lying a revolver, of the service pattern, with combatants, after being taken prisoners had the chambers empty, the barrel being still been accorded proper treatment by the Japan- quite hot. An ambulance was immediately sent for and the wounded man, who asked to ese according to their rank and status. All prisoners from the front were quartered at be put out of his pain, was at once taken to Matsuyama, Himeji, Marugame, and Fukuthe Government Civil ospital. Serg. Sullivan chiyama, where the climate is mild. They took charge of the volver and the personal received all possible attention for the protec effects of the man, wo died before reaching the Hospital, from the effects of the wound, the other restrictions were put upon their personal bulle: having passed through the body. Con unvements hat such as were necessary from siderable mystery surrounds the sad occur. a military point of view. The Prisoner's Intel- rence, as no cause whatever can he adduced ligence Bureau was opened in February to by his comrades and friends, as he was under facilitate their communication with families stood among them to be in no domestic or and relatives at home, and letters and articles financial tmuble of any kind, and up to from them were sent post free and free of half an hour before the occurrence Customs duty. These facts were well known chatting gaily and in the best of spirits, several friends in ane by the prisoners. The Japanese authorities apparently, with

ere taking care to afford the sick and wound- of the Customs' launches close to where the oc cd prisoners the same treatment as the Japcurrence took place. The deceased, who wal ese soldiers, and in conformity with the wisher 33 years of age, had been in the Maritime Cus Emperor, it had been decided to send home Navy to join the same, and had always borne tho e who were wholly incapacitated for fight in excellent character. He was very much ng without waiting the conclusson of the war, liked and exceedingly popular with his super in consideration of their position and also with riors and his comrades alike. He was some the object of relieving the anxiety of their what reserved and retuing in disposition, but families and relatives. Twelve maimed men, with those who knew him best he was a man of ste ling quality. He was for some including those who were presented by the

time on the out-door staff of the service, Empress with artificial limbs, were to be do- ivered to the French Consul to be sent home but was lately transferred, upon promotion, to by steamer that day. Paymaster nisimoff of the revenue culler Libin, where he has thus the Rurik, who applied for his release on fatally terminated his career, under circum- account of old age, was also to be allowed to stances that, it is to be hoped, will be fully clear. return home spcial consideration being ed up at the inquest which will be held in due thorities desired as much as possible to extended to his case. The Japanese au- course. Deceased was unmarried, but, it is understood, leaves one sister at home, as the mitigate the evil effects of the war on on-comb Hani, women, and children. Four Army Surgeons and the Chief Surgeon of the urik, with 19 field ambulance men who fell into the hands of the Japanese army and who were detained at Matsuyama and other places, were to be sent home with the prisoners. S was known very well by those present, the medical staff were brought to Japan at their wn request, some to attend the Russian wounded and others on account of their own injuries. These latter were not treated in any way as prisoners. They were given their per sonal freedom, and were supplied with all necessarie, after the example of the Japanese medical staff. The latter were delivered into the charge of the French Consul together with the prisoners who were to be sent home,

At the conclusion of his speech Mr. Akiyama bowed courteously, and the bow was again acknowledged by the Russians,

Hon. E. H. Sharp, K.C., (instructed by Mr. John Hastings) appeared for the plaintiffs, and Mr. M. W. Slade (instructed by Messrs. Wilkinson and Grist) represented the ship.

Mr. Sharp continued his arguments for the charterers. Under question 2, he addressed His Lordship and said that the parties agreed that the ship should be used for this inter-coast trade, and in point of fact this was the whole purpais. And so known by the persons who entered into it. On page 26 of the award,

was understood by the parties that the vessel there was a brief reference to this point, and it was to be used in the Japanese Interport trade.

Mr. Slade here interposed, and raised an objection to the statement of the Arbitrator that. the Japanese had never denied that the ship was to be used in the coast trade, because there was no evidence that the question had beca asked, and he should like the matter to be re- ferred back to the Arbitrator in order to ask him if any such question had been asked by either side,

Elis ordship said he would make a note of the objection.

Mr. Sharp remarked in regard to the corres

pondence between the parties that it embraced four letters which were material. The first was written by the charterers on the 19th February and replied to on the following day. The defendants in their reply said "we consider all non-treaty ports to be open ports in Japan, so long a your Government keep them open," This letter was signed by the agents for the

steamer owners.

Resuming his speech after many legal re ferences, Counsel argued that it would not be illegal in the sense recognised by that Court tor engage in this inter-port trade. Illegality, be put il broadly, was a breach of municipal law,

His Lordship asked if he was referring to the law of that Colony or imperial law,

it

Не

Jameson. Dr., Mr. Mrs Koch, M. and the same, and told him if he "wanted anything prompted by the kind heart of his Majesty the toms service since 1898, having left the British this charter they could not have had in referred His Lordship to a number of well-

1

Mr.

fund Sirs AH Rennie, Mr. and Mrs. Rose, Mr. Robinson, Mr. A. Rumjahe, Mr. Rankin, Mr. and Mrs Raymond. Mr. M. W. Slade, Mr. and Mrs. H. W. Slade, Mr. and Mrs. A. Beth, Mr. H. A. Seth, Mr. 5. A Seth, Mr. and Mrs. Snellm, Mr. Bruce Shepherd, Mr. E. B. Shepherd, Mr. 14. Percy Smith, Mr. and Mrs. Smyth, Mr. A. G. stukes, Mr. and Mrs. Skelton, Mr. M. S. sassion, Mr. S. D. Setna, Fr. and Mis Swan, Mr. and Mr. Schellnass, Mr. Shi Ping Kwong, Mr. and Mrs. Sayer, Mr. M. 7. 1. Syphens, 31r. and Mrs. Siebs, Mr. Sin de Fan, Hon R. Shewan, Mr. T. Shigemaga, Mr. 1. Stein, Hon. E. H. Sharp and 31rs. Sharp, Mr. J. R. M. Smith, Mr. P. Spott. al. W. Taylor, Mr. and Mrs. Tilden, Mr. and Ms. Tomkins, Mr. and Mrs. Town- shend, Mr. C. W. Taylor, Mr. and Mrs. Tar- rant, Mr. and Mrs. Tomes, Mr. J. W. R. Taylor, Consul and Mrs. Volpicelli, Mr. S. W Tso. Mr. J. V. V. Vemon, Mr. J. S. Van Buren, Mr. and Sirs. W. B. Walker, Mr. and Mrs. J. White, Mr. I. 2 White, Mr. A. G. Ward, Miss Wat lace, M. A. Wilson, Dr. White, Mr. Wei On, Hon. We Yuk, Mr. Wiley, Mr. Westerburger, Hon. E. S. Ward, Mr. and Mrs. R. C. Wilcox, Mr. C. Wilcox, Mr. Wong Lai Sang, Commr. Watson, Mr. E. S. Whealler,

A

Level and Storage of Water in Reservoirs

on the 1st November.

Tytam.... Byewash...

Pokfulam.

LEVEL.

1904

1903.

19" below 25" above Loverflow Loverflow

29" below overflow

5" 21" below ( 4' 6" below {overflow {overflow Wong-nai- 4' 3.' below (12' 10f" below

cheang.. overflow ¡ overflow

STORAGE GALLONS,

1903

369,750,000

220,900

19.1

pulation... Consumption per head per

20.0 gallons day............. Consumption of Water in Kowloon Peninsula during the month of October.

only relative to mourn his lose.

WHAT IS CONTRABAND?

THE ALLEGED AGGRESSION OF RUSSIA.

AN IMPORTANT CASE

7th inst.

proceed. This refusal they claimed had wrongfully frustrated the purpose of the

Mr. Sharp replied that in whatever capacity charter which was to assist in the conduct of pacific inter-const trade in February certain is Lordship might sit upon that Bench,

to engage in this particular trade. regulations were published in St. Petersburg aid that it was nul illegal for the charterers regarding contraband and formed another

once more, that broadly question referred to His Lordship by the would put

nunicipal law. Such a trade was in no seose correspondence passed belween the parties and Arbitrator. After the Captain's refusal a fong illegality must be equal to a breach of this led to the matter being ultimately referred prohibited, but certain consequences were at to arbitration. At the end of the arbitration, tached to the capture of a vessel engaged in ab.ut Septen ber 20th the solicitor for the ship, such a trade, and all the neutral Government raised a point regarding the legality of this said was "You must not look to us for any inter-port trade, but when they signed help, if you get caught." In closing, Mr. Sharp known cases, including Chavasse ex parte, 34 their minds anything extraordinary which Russia might attach at to the meaning of the Law Journal, Arnold, the Helen (reported in 1 Admiralty and Ecclesiastical, page 1), present word contraband, They claimed that contraband was what was recognised by Inter-edition of Abbott, page 884, and the case of the national Law, whilst the owners claimed that Young Margherita (reported in Tudor's Lead. it meant anything that Russia might say was ing Cases, page 983) as to the meaning of the contraband. He maintained that what was

word "illegal" Be thought it was perfectly. clear that this contract was not an illegal recognised by International law may be sum-

nine. If the parties entered into a contract for med up under three hoads: (1) Things use-

his trade it was merely an agreement to ful for war only, (2.) Things useful for pence

Assume a risk that such a contract as that only, which were never contraband. For ex-

involved, and therefore he contended that the ample pianos. (Laughter).

contract could not be set aside as illegal. The contract itself was not illegal, but simply a contract to assume a risk. He asked H Lordship to find that the goods in question were not contraband, and that the Captain ought to have accepted them. He submitted. that the voyage in question, was one that the Captain ought to have performed, also under the terms of the charter panty. He further asked His Lordship to answer the Arbitrator's questions as the Arbitrator himself appeared dispored to answer them-in favour of the charterers-and to then submit the case to the Arbitrater. `-

Mr. Slade-Provided they do not contain guns. (Renewed Laughter).

After the tiffin interval,

And Mr. Sharp said (3) Things useful for both peace and war, which was contraband if intended for warlike purposes. It was with the third class that they were now concerned, and he submitted that the provisions and timber in this case were intended for merely innocent purposes, and for the peaceful prometion of commerce Counsel, proceeding, referred to a large number of decided cases dealing with what under International law contraband was usually regarded as, and laid particular stress upon Tudor's Leading Cases, No. 981, further observing that Russia had always hitherto taken the lead in protesting against provisions being proceeding as to the meaning and effect of this Mr. Slade, for the defence, said that before regarded as contraband. Russia's alleged right to make contraband was contrary to charter party, he desired to remove certain the principles of International Law, and obscurities which were apparent in his learned to hold the view that she had sach a friend's arguments as to the meaning of the right wholly disregarded the rights of neu

Russian declaration of contraband,. The only tra's. It was not questioned that belliger official form of the Russian declaration of cons ents had no rights, and it was equally unques-raband in the exact words in which it was clonable that neutrals had rights; and to hold published was contained in one of the exhibits the right that Russia could arbitrarily declire marked which was in French, and contraband entirely disregarded the rights of appeared in the Government Gavifte of the 9th neutrals, for it was a well-accepted principle March. His friend had made many suggestions in International Law that a belligerent could in regard to one of the paragraph, and content not by his own declaration render innocent ed that the rice and provisions in question were. goods contraband. He earnestly submitted to be considered contraband only if they were that this principle could not be changed by the objects and articles intended for warlike pur arbitrary will of any one Power.

poses. This was his first suggestion, and be arrived at the same by translating lemme qui

as well as" instead of the same a1,",

A discussion ensued between Bench and Bar as to the idiomatic construction to be put upon that innocent and harmless phrase, and the aid of a popular walstcoat dictionary failed to throw light on the difficulty.

Mr. Slade laboured the point for some time, after which be referred to the rules of the Rus sian Prize Court to bear out what be bad said. in regard to the translation. He also anglysed the contents of the charter party, and laid stress upon the clause-relating to. "arrest: and dis tralot of princes, etc," which was acquiesced in by the charterers.

At the Supreme Court this morning, the Chief Justice, Sir Henry S. Berkeley, presiding, an is teresting case bearing upon the nature of con raband occupied the attention of the Court. it was, as has already been reported in these columns, a special case in which His tordship was asked to seule a dispute as to the nature of contraband of was, in regard to an arbitration award to be made by Mr. E. A. Hewett, Agent of the P. and O. Company, Hongkong, a between the Osaka Shosen Kaisha, represented by Mr. T. Arima, and the captain and owner The number of maimed Russians present of the orwegian steamer Prometheus. was 12, the others were Paymaster Anisimoff, The general particulars disclosed amongst Ave Surgeons, one Pharmacist, and 19 ambut other admitted facts that a charter party was signed in Hongkong on the 10th February, 1904. ance mea-48 in all." 406,220,000 Tytam....

When Mr. Akiyama had retired the whole 104, between Messrs Sander Wieler and Co, Byewash.

18,526,000 of the Russians, one by one, excepting those as agents for the Prometheur, and Mr. T. Arima, manager of the Osaka Shosen Kaisba, whereby Pokfulam

$4,650,000 36,220,000 unable to write, four in number, advanced and

the vessel was to be put at the sole dis On reassembling after the luncheon interval, Weng-nai-cheong 24,926,000 15,760,000 signed a document relating to their release.

Counsel for the chatterers continued his This operation finished, the French Consul posal of the charterers, and as soon as possible

return from her then voyage to Saigon." After | arguments against the power of any country, Total........ 449,336,000 496,726,000 dded his signature and presented the docu.

wards by clause 2 of the charter party she wAS and especially a belligerent, to declare what Consumption of Water in the City of Victoriament to Mr. Akiyama.

Mr. de Lucy-Fossa len next addressed the to carry cargo and passengers for lawful was contraband. Be quoted the case of the The following is a list of the presents and Pill District during the month of October.

1903. 1904.

gathering, ha address in French being first voyages to all parts of the world open ports Bu desrath, during the Boer war, and to cer diamond necklace, and pendant from Sir Paul

but America, Europe, tain representations made by the German Go- Chater; Mr. and Mrs. Chan Kai Ming, pearl Consumption...131,364,000 140,058,000 gallons interpreted into Japanese and then into only.

"ussian. The Consul spoke as follows- Australia and Africa, and also the Amur, dis vernment in which Count Matzfeldt especially bracelet Mr. and Mr. Leigh Parker, gold Estimated po-

325,000

Gentlemen-From this moment you are trict, and ports north of Vladivostock being referred to certain clauses in the British bracelet: Mr. and Mr. H. C. Marshall, gold

free men, and to-morrow morning you leave excluded, and inter-port trading in the Philip Admiralty Manu L. Lord Salisbury in reply said match-box; Mr. and Mrs. Mr. S. Sasscon, gold

japan and sail for hanghai. Some of you pines. It was. further leid down that the the British Admiralty Manual was not conclu necklet with sapphire and pearl pendant Mr.

will go back in the battlefield or the hospitals agreement was not to be cancelled in the event sive, and made a point that it was the Prize Court A. G. Stokes, silver cigarette case; Mr. E.

is surgeons or nurses; others, who have paid of war being declared. By clause 22, any dis- which had to determine the merits of the case Pabaney, gald chain, and "Good luck" brace-

your debt to your country, will, though crippl- pule was to be decided by arbitration at hefore the final opinion of any individual let; Mr. Wong Lai Sang, gold coin bracelet;

ed, have the consolation of returning to your Hongkong. Hence the appearance. It was country might be said to be obtained. Neutrala Mr. H. N. Mody, pearl and diamond ear

were not in any way bound to recogsite Rus rings: Mr. and Mrs. H. M. H. Nemajee, Consumption....14,917,000 15,336,000 gallons families. All will be able to speak from per contended that the captain and owners of the

sonal experience of the manner in which the Promulkrus regarded foodstuffs and timber assis's right to make goods contraband by her Estimated po- pearl-mounted watch: Mr. and Mrs. H. D.

Japanese treat their prisoners and of the re contraband of war and refused to carry out mera fpu dixit. He quoted the treaty made pulation.... Gaspar, writing cass: Mr. and Mr. Bolsi.

between Great Britain and the United States gard shown to them, not merely by the the agreement. emes, carved black-wood table; Mr. Wel

Consumption)

Mr. Hewett was unable to make the award so far back as 1794 to show, that even per head per

authorities, but by the population itself. You On, silver punch bowl; Mr., Mr. and

of nations was have fully realized that the Japanese them until the Court had answered the three follow a that date the law Miss Brotherton Harker, ancient pasels; Mr.

day... and Mr. M. W. Slade, silver photograph frame The Government Analyst reports that the selves are too brave a nation not to respecting questions (1) Whether under the terms an important subject of consideration. In enemies who have won their esteem. Of the of Russia's declaration the cargo intended for conclusion Mr. Sharp summed up the points Mr. and Mrs. T. Jones, cushion; Mr. and Mrs. water is of excellent quality.

on which he relied for a judgment in his favour, excellence of the hospital organization, of the shipment from Yokobuma and Kobe to .E. Jones cushion; Mr. Shigenaga, ancient Chi

skill of the surgeons and the devotion of the Kagoshima, Okinawa, Keelung, Anpin, and He said firstly the Russian declaration, might nese vale with silver dragen; Mr. F. H. Arja-

nurses, you can, I am sure, but speak with Tokio by the Prometheus was, contrab nd be properly construed to be in accordance with nee, silver frame; Mr. and Mrs. Humphreys,

admiration and gratitude. Your stay in Japan! If so, whether the Russian declaration in this established Internations, Law; secondly if read silver card tray; Dr. and Mrs. Bell, silver- mounted inkstand; Mr. and Mrs. Beck, silver THE monthly number of foreign telegrams for under the tragic circumstances which brought respect is binding upon neutrals, or whether, as the other side read it in the Court below, the translation was ar wont ambiguous, and upon spoons Mr. and Mrs. Goetz, satsuma card tray; warded by the different telegraph offices in you here cannot but leave with you all a lasting as urged by Mr. Hastings, it is ultra fres? Mr. and Mrs. Hutton Potts, pair of silver photo Japan and the charges thereon have, since the remembrance, and I think I may say that when (2) Whether the line on which the Osaka that ground again ought to be construed so as to frams; Mr. and Mrs. Edward Shellim, silver outbreak of hostilnics, averaged twice as much this unfortunate war is over and passions have Shosen Kaisha wished to employ the Fra accord with International Law thirdly, that if as in the corresponding period of ordinary cooled down the remembrance will make of metheus is a "privileged line, and if so, was it the declaration clearly stated provisions to be 'card tray; Mr. and Mrs. Peters, silver punch bowl; Mr. and Mrs. E. Ellis, silver teast-rack yeart. The increase was especially noticeable some of you staunch friends of this country, therefore unlawful for a neutral ship to engage contraband irrespectively of warlike purposes, such a declaration would be invalid; fourthly, in February, says the Kobe Herald, when the It is for me t'pleasant duty to receive you from in such a trade? Mr. and Mrs. A. G. Aitken, silver dragonį

war broke out, the total figures for the month the hands of the Japanese Government's dels (3) Whether, in view of ad the evidence he submitted that in any case such, a declaring regard to the circumstances, of the chat. Mr. V. H. Deacon, silver coffee set; Mr. and Mrs. Armthoon Seth silver liqueur set; Mr. being 43,000 telegrams representing the sum gate and to make arrangements for sending brought forward, the Osaka Shosen Kalibation would be ineffectual, until sustained by a terers attempting to put rice on board, and of Y1,031,954, showing an increase of 83 per you home. I wish you all a pleasant journey attempted to violate, or alter, the terms of the Judgment of the Prize Court and fitbly, aid the captain had no option but to refuse to

Charter. Party as a whole, but particularly with Judgment in the Prize Court; itself was proceed. A MAN S. A. Seth, silver writing set; Mr. D. Mac donald, silver card bowl; Mr. A. Babington, cent. and 168 per cent, respectively compared and a fitting welcome in Russia,

The Consil added that by kind permission | reference to clause 37, by instructing the Com- not faal and conclusive, if it did not drawing room clock Hon. Mr. and Mrs. with the corresponding month of 1993. From F. H. May and the Misses May, silver March to August the number of messages of the Govenor, they would spend the right mander to load a cargo of Umber and food accord with International Law, but was writing set; Mr. and Mrs. J. A. Jupp, silver ranged between 15,000 and 43,000, and there again in the quarantine cuablishment at ada 'stuffs and to process to the ports, named.in, subject to appeal and, finally to Diplomade ac tion,which Diplomatle scilou in the part would the amount of fees. not a prisoners any longe: but a gucils, and their letter of ayık April, 19.47 ink-stand; Mr. J. R. M. Smith, solid silver was a slight decrease

1903.

64,450

7.5

1904.

70,750

7.0

gallons

P. N. H. JONES,

Water Authority.

His Lordship reminded him that the wording of the document was similar to that contained in every charter party.

Mr Slade, dealing with the article regarding the illegalit of carrying "contraband,” said - that word was inserted in the agreement by the chosent of 6- nias, the object and inter tion being so free the ship from all liability of being captured. He therefore maintained that under the general law, even in the absence, of any special regulation in regard to contraband, in the face of that mutually agreed upon pro vision, it was the duty of the captain to his owners, to refuse to accept contraband, and i was unlawful for the charterers, to attempt to place contraband on board: The captain was perfectly right in refusing to accept anything which might endanger the safety of the ship. particularly emphasized the illegality, has

His Lordship, adjourned at four fifteen-ill

“To-morrow is, the anniversary of our King'j Thursday at 11 am. On rising, be romarked birth. God Blessed Him!

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