1905-08-22 — Page 5

TELEGRAMS.

[Router's]

The Pence Conference.

LONDON, 20th August..

THE HONGKONG TELEGRAPH TUESDAY

"STEAM LAUNCH OWNERS"

SSUED

SEQUAL TO A COLLISION AT SHAUKIWAN.

DODWALL v. MUSS.

APPLICATION IN COURT.

"THE "SULLY

AUGUST 22, 1905.

FRENCH OPINION PESSIMISTIC.

During

It is stated in Portsmouth that M. de A. G. Wise," Pulsne Judge, on the bench. again called on. It was in the form of an appeared in the Courrier d'Haiphong on the months' night 3 mun

sai Silver

(months' sight LIU 6 months' sighi LỰC. At Shanghai, on the 15th inst, before Mr. "Under the title "The refloating of the Sully" 10 days' sight San Francisco &

moaths' sight o FS. A. Bourne, acting judge, the case, of, and the sub-heading "Will they abandon the so days' sight Sydney and Melbourne... Dodwell & Co. v. Ernest Joseph Moss was salvage operations? the following paragraph 4 months night Francs application in which the defendant and appef. 14th August: We ought to be eager for the sight Germany lant sought for the dissolution of an interim in news of the refloating of the Sally, but it has Bank of Fneland rato ...... junction granted by I.B. M. Provincial Court to be stated that the famous dock from Hong- Sovereign at Fonction on the 16th day of June, 1926. kong has not yet been placed in position. the opesation difficult, not to say, even den. gerous, so that it has been rendered impossible to take any steps towards the salving of the cruiser owing to the great risks which prevail from day to day.

Witic has declined to entertain Article No. It regarding the limitation of a Russian naval force in the Far East. He has inti- mated, however, that Russia has no intention of maintaining a naval force in the Far East | junk Yuen Hok was lying at anchor at Shau-Mr. F.Ellis, addressing the Court, said that Moreover, the sea at the present time makes

which will constitute a threat to Japan, any other Power.

or

Baron Rosen dined with President Roose velt last night. It is concluded that the President is endeavouring to prevent a rup ture of the negotiations. P

Later.

Baron Rosen has conferred with President Roosevelt for an hour. It is known that President Roosevelt before inviting Baran Rosen secured the active cordial support of Great Britain, France and Germany, and that

he also communicated with the Mikado.

The Anti-American Boycott. Mr. Conger's special mission to China will not affect the position or the duties of Mr. Rockhill.

Resignation of Lord Curzon,

It is officially stated that Lord Curzon has resigned the viceroyalty of India. Mr. Bal four has communicated the resignation to the King.

An interesting case was heard in the Court of Summary Jurisdiction to day, His Honour Mr. Cheung Sow sued the Shun Tal firm for $168,- So, bs damages caused by a collition with a steam launch belonging to the defendants. It was set out in the statement of claim that the kiwan when the fioining steam launch came along and through the negligent navization of the defendants or their servants a collision occurred whereby the junk was damaged.

Mr. Master, of Johnson, Stokes & Master, appeared for the plaintiff; Mr. Beavis, of Wil- kinson & Grist, represented the defendant firm. Mr. Master sa'd that the junk was lying at anchor in Shaukiwan harbour at her usual an. chorage. The steam-Jaunch had passengers for Sai-ye-chun, and came along about 450 am and ran into the Junt. The questions to he considered by the Court were whether there had been negligent navigation, and whether the lamps on the junk were lighted. It was for the defendant to prove that there was no negligence.

His Lordship suppose it is really a ques tion of lights.

Mr. Beavis-That is the whole question.

he appeared for Mr. Ernest Joseph Moss whem in these proceedings he proposed to call the defendant and appellant.

Mr. R. N. Macleod appeared for the plaintiff and respondent.

SHIPPING JETSAM,

"After a period of seven months, the Admiral Mr. Ellis, for the ́defendant and appellant, said:--To make it quite clear to your Lordship has decided to reduce the number of men ap. what, precisely, our contention is, I would repolated to guard the Sully night and day from for my Lord to the pleadings which have been | 85, which is the number at present employed, filed. You have, doubiles, already looked ai to 45." them. They were transferred here from Foo chow by way of record. There is a petition in the Court below, which will eventually be tried in this Court. We apply for the dissolution of an injunction granted against the defendant Moss, restraining him from carrying on bus ness in Foochow, Hongkong, Colombo and elsewhere. For the purposes of this case, it would be essential to consider what was meant by that injunction. I submit that

|

On arrival at Plymouth on 15th ult, the offi cers of the St. Kilda, in course of conversation, laughed at the suggestion that any pressure had been used to compel their release at Port Said, and said, they had been treated kindly on the Dnieper. They were free to leave the ship at Port Said, but were content with their quar fers, and but for the insistence of the British

ALSOPIUM QUOTATION", Today's quotations are as follow Malwa New

201

27 10.27

Per picul [@:"1,190 ..@ 1,345 ..fol. 1.340...

51.300

Par chest

Old

Older.

Oldest

@ 1,132)

@ 1,097)

@ 1055

Old,

Patna New

#FINTER M

To-day's Advertisements,

HONGKONG" AND WHAMPOA DOCK

COMPANY, LIMITED." NOTICE TO SHAREHOLDERS. -

"HE DIVIDEND of 12% per Share for the six months ending 30th June, 1905, declared at Monday's Ordinary Hall-yearly

Mr. Master cited an 1967 authority to show your Lordship should take into consideration authorities would have' continued the voyage | Meeting, will be l'ayable at the premises of

that the presumption was that the vestel which ran into another was to blame, and on her fell the burden of proof whether the lights were burning or not,

·His Lordship-This is Common Law, not Admiralty.

The plaintiff said the junk was lying at ar-

We learn that Lord Curzon made an import ant speech at the Viceregal Council on 18th ult on the subject of the new scheme of ladian army administration. Referring to Mr chor at Shaukiwan harbour on the night of the Brodrick's despatch, he explained that the 7th inst., with an ordinary Chinese lamp show- Government of India were intructed to in troduce without delay a form of military ading at the top of the mainmast. He had ministration of which they learned only for the trimmed his lamp, and it stood about elevan or

be pardoned if they were shrew aid they must be pardoned if they were somewhat surprised at the manner in which it was thought necessary to convey those orders. He insisted on the fact that the new scheme was not of their

creation. All they had been able to do was to effect the removal of some of its apparent,] anomalies and to place its various parts in more scientific relation to each other. The maintenance of the constitutional authority of the Government of India had been the sole object which he and his coffeagues had had in view throughout the discussion.-Ed., II.K.T.] The Cruise of the British Channel Squadron.

- The British Channel Squadron has arrived at Exberg.

The Nord Deutsche Gazette, in an article evidently inspired and intended to allay the excitement produced by the cruise of the British Squadron in the Baltic, says that the visit is merely a reply to the repeated visits of German warships to British ports, and every sober-minded British and German sub. ject wishes the visit will contribute to the mu- tual esteem of two great civilized nations.

SANITARY BOARD.

twelve feet from the deck. He slept on board that night; three others also slept on deck. About 4 a.m. on the morning of the 8th inst. he awoke and saw a steam launch to which he

what was the covenant, which I think I may read. I would especially refer your Lordship

to Clause 4 in the argument. This covenant

was drawn up by George Benjamin Dodwell and Ernest Joseph Moss of the one part and Dodwell and Co. of the other part. By clause 4 of the agreement, each of the vendors agree with the Company that he will not at any time thereafter trade in Foochow and certain other places specified.

With regard to an interlocutory injunction, the question is what are the circumstances under which a Court may issue one. On this point

1

Lordship to the White Book which I see be think I could not do better than, refer your

fore you. I am reading from the last (1905)

shouted, but the launch collided with his junk.ition, on page 693. It says there. To en

In cross-examination, the witness said he was lying between 36p or 480 feet from the shore 30 or 40 cheungs). It was a clear morning, and there was no wind blowing. When he first saw the steam launch, she was about 103 feet away and as she approached the reduced her "peed. She was running very slowly when she'

collided,

In fact she was hardly moving at all?-Just moving.

When you first saw her before the speed was reduced was she running fast?—Yes, very fast.

Did she reduce her speed because she saw you and heard you shout?-She reduced her speed because she had to land her passengers. What did you shout You, steamer there, must stop or reduce your speed.

Anybody else on thejunk sboni?—Yes, a foki. What did he shout?-Steamer, stop. the engine.

His Lordship-Were there junks between you and the shore?-Yes, several tens of them. Continuing, the withess said that when the

title plaintiff to an interlocutory injunction the Court should be satisfied that there is a serious question to be tried at the hearing, and that on the facts before it, there is a probability that the plaintiff is entitled to such relief.

Now, if your Lordship'will read the covenant, you will see that there is an absolute restraint

of trace. I would now refer your Lordship to the greatest authority on injunctions, namely, Care Os Injunctions. I am reading from the 4th (1903) edition, page 14, where it says that The man who seeks the aid of the Court by means of an interlocutory injunction mast show that he is likely to suffer irreparable injury otherwise. It explains further on that all that is meant by the word irreparable is, that the injury must be serious and not easily reparable by damages. I would remind your Lordship of what is the common. mode of procedure in England. The party against whom on injunci tion is applied for should be made to keep an account of the possible profits he might make with regard to the particular business.

in the Dairßes to Libau...

the Hongkong and Shanghai Banking Corpo ralion, on and After TUESDAY, the 22nd August, and Shareholders are requested 10 apply for 1ividend Warrants at the Company's Office, Queen's Buildings, New. Praya.

By Order of the Board of Directors,.

The British steamer Cranley, Captain Steele, the first vessel to leave Odessa since the begin ning of the disturbances and the mutiny on board the wax Potemkin, arrived at Cons tantinople on July 9, homeward bound, `Capt. Steele states that when he left Odessa a large number of steamers, mostly British, were lying. in the part, waiting to load or unload their cargoes, but they would probably have to leave without doing so. The Cranley was formerly SCHOOL DUTIES will be RESUMED on employed carrying coolies from China to

Durban,

While lying in the roadstead of Acajutla recently, the Pacific Mail liner City of Peking, Captain Rot insan, was struck by lightning and bad her mizzen topmast shattered. For some hours the storm had raged as, only a Central American storm can prevail when it gets under way, and the culmination was a visitation of a thunderbolt that seemed at the time to have shattered the vessel. When the storm had passed and the crew could make an investiga tion, it was found that the mizzen topmas! had been carried away. Part of the nuise attending the storm had probably been caused by the falling of the upper works of this mast. It had been broken squarely in two and the severed, parts were lying upon the deck. No other part of the big steamer suffered from the thunder. bolt. The passengers, during the storm were almour in a state dispanic, but were reassured by the officers, who said that such storms were common on that const. The City of Peking, which by the way was a regular caller at this port, suffered only a few hours' delay by the storm.

THOS. I. ROSE, Secretary. Hongkong, zand August, 1995, 100) 1853 DIOCESAN SCHOOL AND ORPHANAGE.

FRIDAY, 1st September. For Prospectus, apply to-

THE HEADMASTER.

· Hongkong, zand August, 1905.

[854

FITZ GERALD BROS. MAMMOTH CIRCUS COMBINATION.

LAST 5 NIGHTS. PRONOUNCED BY PRESS AND PUBLIC TO BE THE BEST SHOW EVER SEEN IN HONGKONG. TO-NIGHT |

TO-NIGHT

GRAND VICE-REGAL NIGHT. GRAND CHANGE OF PROGRAMME, When startling Novelties will be presented. His Excellency Sir MATTHEW NATHAN, K.C.M.G., Governor of Hongkong, and party will be present.

NEXT MATINEE WEDNESDAY AFTERNOON... LOCATION: CAUSEWAY BAY. PricesBoxes and First Chairs $3; Second Mr. Basil Taylor, Harbour Master, held an | Chairs $2 ; Stalis 5t ; Gallery (Chinese only) 50

his junk that he had no time to say a word to the lauech people. The junk would have sunk Chancery edition 1876, and especially to Lord into the circumstances connected with the Dr. Pearce, Medical Officer of Health, if he had not biled it out. The launch people Justice James's remarks thereon, also to Lord collision which took place between the steam minuted: I can find no definite instructions did not say a word to him, but just started off Justice Hagguley's words on page 290. Again Launch Fan Wo, Fong Tai, master, and the on page 490 Lord Coleridge's remarks on the steam launch Lee Hung, Pang Cheung, master, Issued to inspectors with reference to the prac for Sai-ye-chun. After the collision the lamp case of the Mogul Steamship Co. v. MacG egor in the waters at the Colony on the morning of jce of storing inanure and manuring gardens on his junk fell down, and all his things were are worthy of note in this connection. Further the 20th inst.-Fung Tai said be left the Yau- with human excrement. From C. S. u. 9600% of disturbed. He saw a European and a China.on page 190 of the 15th Chancery Division mati Ferry wharf at about 11.40 am, on the 1904 it is not clear what action was definitely man on the bridge of the launch when the (850) I would direct your Lordship's attention | 20th inst. As soon as he shoved off be

I would also refer your Lordship to the case

COLLISION IN THE HARBOUR.

At the fortnightly meeting of the Sanitary collision occurred he was so busy looking after of Plympton v. Filler on page 289 of the 4th inquiry at the Harbour Office. this morning | cents. Special rates for men of the Naval and

Board this afternoon, the following are among the items to be brought forward,

TO PREVENT NUISANCES.

collision occurred.

Another witness spoke of the collision and

Military Services.

Bax Plan at ROBINSON PIANO COMPANY, Special Trams will leave the Post Office every few minutes direct to the door and wil await passengers after the performance.

A Special Tram runs to the Peak after the performance.

·HAL GEORGE,

Representative.

to the case of Mitchell v. Henry.

4. Ellis proceeded to quote farther refer saw defendant's launch coming from Yau decided upon by the Hoard to be taken in this

ences, which his Lordship noted. Mr. Macleod mati, and backed out from the wharf, defend. matter. i have therefore drawn up the attached instructions which I propose to send out if the said the light on the junk was burning brightly. replied briefly, laying stress on the fact that ant being about 110 feet of his starboard sig Board consider that it represents exactly what it was quite as bright at 4 a.m, as it had been defendant in this action was of present a bank beam when he got clear of the wharf, coming

the Board wishes. The instructions submitted are as follows:--With reference to the custom of the storage of excretal matter for the pur- pose of manuring gardens, please note that bye-law 8 of the Scavenging and Conservancy Laws requires the removal of such matter to the conservancy boats.. These of such matter in gardens is therefore illegal in the Colony, and if you find any householders not obaying this bye-law apply for a notice onder section 30 of the Public Health and Buildings Ordinance. Further, any accumulation of such matter within the city of Victoria or within sufficient distance of any public road or dwell. ing house must, if it give rise to evil smells, be regarded as a nuisance and a legal notice, if necessary, be applied for under section zó (3). As regards Kowloon, in farming districts so far removed from, main roads that it cannot be said that a nuisance detrimental to the health of passers-by or dwellers in the neighbour hood (other than the farmers themselves) is caused by the above mentioned accumulations, action need not be taken. With regard to the use of this excreta, of either kind, for manurial purposes in villages and districts unfrequented by the public, it is almost if not quite impos- sible to prove that any one householder has allowed to be removed to, the gardens instead of to the boats. Bye-law 3 referred to above cannot therefore be strictly enforced, If it is desired to prevent the use of fresh excreta as manure by the farmers or gardeners themselves, this can only be done by proving a puisance to exist which may be dangerous to health. This practice may certainly always be dangerous to health and especially in times of epidemics of cholera or typhoid, Nolices, therefore, under section 26 (13) should be served on all gardeners and farmers in the Colony who

use this manure for their vegetables, which bas the appearance of being at all fresh, io, which has not been thoroughly subjected to the de- composition process which goes on in the nsual Chinese manure pit.

· Mr. Rumjalin minuted. I think "scasonable”. should be substituted for "sufficient" in par. 2. Gardeners in the City, invariably use grina as manure for flower plants. This should be put A stop fo

The Han the Director of Public Works minuted in par. 10 ne definite distance should be slated instead of using the word

so yards

the night before. The junks close to the wharf carried no lights bat the others did.

rupt

His Lordship said he would require time to study the cases quoted by Mr. Ellis and would remand the case sine die. The Court then rose.

NEGRO MURDERS TWELVE

straight at witness. The La Hung came straight on and hit witness abreast of the wheel, the Pas il'u's engines still going astern at the time of the collision. The coxswain was not at the helm of the Lee Hung at the time. A man named Cheung Kai Shing was at her helm-The master of the Lee Hung said he Victoria when on approaching the wharf he was coming with passengers from Youmati to blew one long blast on his whistle, meaning

For the defendants, evidence was led dis- proving the statements made by the plaintiff as to a light being exhibited on board the junk. it had been suggested by the witnesses for the plaintiff that the light fell from the masthead as the result of the collision, but that was denied. As to the position of the junk when struck by the launch, evidence was brought to show that the statements of the plaintiff's wit-duran coast, ten miles, from the port of Ceiba, that his engines were going half speed. He

nesses were not to be depended upon in this

connection,

ON A SCHOONER.

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Out of the thirteen people on the schooner stopped when about 200 yards from the end of THE DAIRY FARM CO., V.V.S.O.P... 90.00 Olympia, twelve fell before the deadly aim of the pier, as he was going to the eastern side, Robert McGill's rifle in his desperate fight for self-preservation and greed for gold. The sole the other launch lying at the western side. survivor is a young woman, Miss Elsie Morgan, Witness was steering at the time. When who lives through her own gameness and pre about tax yards off he saw the Fun Wo coming sence of mind.

out from the pier stern first, and going out far enough to get her bows level with the end of the wharf, when she went ahead again and put her bows into the wharf to pick up some more passengers. On seeing this witness went astern, being then about 40 feet off. The Yan Wo then backed out again and the collision took place by witness's launch coming up between the Yan Wo and the wharf-Mr. Taylor :- Discharged with a caution; you are bolli equally to blame.

His Lordship, in delivering judgment, said that that Court did not take into consideration the ordinary rules of the Admiralty, but looked at questions from the point of view of Common

Robert McGill, a negro, whose father is a Law. In this case if there had been any con-

preacher in the town of Ceiba, heard that the tributory negligence on the part of the plain-Olympia's captain had arranged a trip to buy tiff he could not recover damages. There was cailleard knew that be bad quite a large sum on only one point to consider-Did the junk carry board. This amounted to 1400 sovs, (about 5700) lights or not? If it carried a light at the time and was stowed in the captain's bunk. McGill plotted to stow himself away on the schooner the collision took place it must recover on that and wait until everybody on board had gone to point. The people on the junk said the sleep, then take the money, fight his way to lamp was lighted; but the witnesses on the liberty if he was molested and escape in a dory.

He got aboard the boat unseen, armed with other side said it was not.

Winchester rifle. When he thought the time said he had seen the light, but he evi- ripe, he emerged from his hiding place and dently led because he said he was in the made for the captain's bunk. He killed the bows of the launch with the captain. Every captain, and the shot awakened the others on one knew that Chinese passengers would not be board. He went on deck and waited until the allowed to stand beside the captain in that men came up. Then be shot them down like position. With regard to these lights, his done by one, until there was only one

man left.. F Lordship did not think the plaintiff had proved This man was ordered to go below and that the lamp was al'ght at the time of the scattle the ship, which he obediently did collision. He would not say it was not alight Then he, like the others, fell with a bullet in at some part of the night, but he did not think his heart.

One witness

NAVAL NOTES.

It is announced that the strength of the China Squadron in the future is to be two armoured cruisers, one as flagship, six protected cruisers, four sloops, and special service vessels, nine river gunboats, and a flotilla of fourteen des. troyers including six of the new "river" 25-knol

it was proved, in fact he did not believe there McGill then went in search of two type. With the return of the seven battleships

was a light. The people were all asleep on the women, Miss Morgan and Ms Rose, the squadron will revert to its former stalus, junk at the time and only woke up when the

who were passengers. When they came on deck he ordered them into the dory, prior to the ill-fated schemes of Russian aggres launch collided with the junk. Under these circumstances there would be judgment for the and pushed off, from the sinking schooner tion in the Far East. *

The negro shot Mrs: Rose and threw her body. defendant with costs.

overboard. Then he shot Misi Morgan) doi the bullet kit her in the arm. She jumped overboard, and he fired at her several times. · Fearing her strength would not last until she

THE WEATHER,

The following report is from Mr. F. G. Figg, | could reach the shore, shy, swam back to the

COMMERCIAL,

TO-DAY'S EXCHANGE.

Salling,

First Assistant of the Hongkong Observatory := | dory, when the negro said he would not harm i ondon--Back T.T., On thể 22nd at 125 p. The barometer has | her. When within an oar's length the bruis Do demand steady in S. China. rinen over N. China and Luzon, and remains struck her a stunning blow. She fell back in Do., 4 monthw', sigh

the water" and "pretended to be dead. She ¦ France-Bank T.T......

·Pressure is highest over the Pacific to the floated thus with only her nose out of water, | Amarica-Bask T.T. E. of the Loochoos

bangg and, thinking she was drowned, the negro | Germany-Babk T.↑ -Gradients are alight on' the China coast and | started toward the mainland. S

India TT. moderate SE. and E, winds may be expected The inhabitants of the island on which the Do demand in the Formoss Channel and the N. part of took refuge, found Miss Morgan hiding in the Shanghai Bank T

undergrowth near the beach, Searching Singapore T.T.. Forecast;-light or moderate SE. winds, parties captured the negro two days later at El JapaBank T.T

Porvenire. He is condemned to die by lecturer | Jara-Bask

The China Seno

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"LIGHTNING) : Captain J. G. Spence, will be despatched for the above Ports, on TUESDAY, the 29th-instant, at 3 P.M..

For Freight or Passage, apply to

DAVID SASSOON & Co., LIMITED,

Agents. "Hongkong, 22nd August, 1905. (850

5.S." ERNEST SIMONS."

COMPAGNIE DES MESSAGERIES MARITIMES,

NOTICE TO CONSIGNEES.

"ONSIGNEES of Cargo from London ex .. Dordogne and Medoc, and from Bordeaux ex ss. Ville de Marseille, in connection with above Steamer, are hereby informed that Treasure, and Valuables are being landed and their Goods, with the exception of Opium, stored at their risks into the Godowns of the Hongkong and Kowloon Wharf and Godown Co., Limited, at Kowloon, whence delivery may be obtained immediately after landing.pojas

Optional Cargo will be forwarded on unless Intimation is received from the Consignees before Noon -TO-DAY, - requesting it to be: landed here.N

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* Bill of Lading will be countersigned by the | SOLE AGENTS—- Undersigned, Goods remaining unclaimed after TUESDAY, the 29th August, at Noon, will be' subject to rent and landing charges. "Mag, a

All claims must be sent in to me on or before the 29th August, or they will not be recognised, All damaged packages will be examined on TUESDAY; (be 29th August, at 3 P.M.

No Fire Insurance has been effected.

MAG. DE CHAMPEAUX;

Agent Hongkong, aand August, 1903,

12, QUEEN'S ROAD.

PRICE LIST OF APPLICATION

Hongkong, Jet August, 1905.

1724

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