1909-11-15 — Page 4

Intimation.

雞

THE HONGKONG TELEGRAPH MONDAY NOVEMBER 15 1000

THE FLORIDA Water CASE,

OPENED BEFORE A SPECIAL JURY

curses of civilisation in its tendency-pack to screwing up their eyes to shield them ment. Peak irama will yun half an hour after the acting Chief Justice (Hon. Mr. W. Rees manent injunction, Plaintiffs, Sir Heniy stated,

The case was opened this morning before

Davies, K.C) and a special jury in which

brought in respect of the particular battle which Mr. Sinde proposed to put in but in respect of the lubel anexed in the claim. The "action before the Paine Judge was for an interim injunction, while Mr. Stade sɛught for 'u parë

must confine themselves to their claim. Edward Kemp and others, trading as Messrs. Conusal proceeded to read certain affidavits, Laaman and Kemp, of New York, are bringing. when he was interrupted by Mr. Slade, who an action against the Kwong Sang firm for moved a formal objection

an injunction to restrain their servanta 'Sir Henry contended that he was entitled to and agents from selling or exposing or adverread the affidavits,

Mr. Slade said he could do so at his peril. sing for sale, or procuring to be sold, any Florida Water bearing theron a label (andexed

habits acquired through long ages of de obliquity of the Chinese aye'li largely due| THE Hippodrome Circus: opens at Causeway velopment, is adequate for warmth and preto the fact that Chinese hats have no bilim, Bay to-morrow bight. The management has tection, and last but not least in cssentially and that is the strong nature of an eastern drawn up an elaborate and attractive pro- characteristic of the people. One of the sun the wearers have become so accustomed gramme which can be seen from the adventine-

the performance, Spencer-to monotony. We hope the Chin, from the sun that the muscles have at last A. 8. WATSON & CO., se may think of these things.". That is his grown into that form though there is no

opinion when dealing with the question from difference in the bony framework under LIMITED.

the conservative standpoint, but when sumneath." That last argument is rather far ming-up his views as to the advisability of fetched. If it were well-founded we might adopting western fashions he says:-" It is expect the Mohamedan who wears the got good for the moral or spiritual part of brimless fez to have characteristics similar man's economy that his outer self should be to those of the Chinese... And what about and Mr. W. E. L,Sheaton appeared for the de- in the claim) or any other label so contrived or was being sought to be made perpetual. There so clad as to call down upon him the con- the 'begroes who wear ao. headgear what. fondant. Further evidence was taken and the expressed as by colourable imitation or other: I were only two labals in respect of which the

ESTABLISHED A.D, 1941.

AERATED WATER

SPECIALITIES:

tempt or even the ridicule of his fellow man, As soon as that happens he feels himself at a disadvantage; he is unable to hold up his head with his fellows, and this. sense of inferiority, however undeserved it may MANUFACTURERS. be, cannot but affect him unfavourably in many ways, He is physically at n dis advantage and this reacts upon his inner nature. It makes him sulky, easily offended, on the look-out for insults, and something apart from his fellows.. Young China'aspires to go forth foto the world the associate and equal of the best. To do this it must dress accordingly and hence, we may be sure, the proposed change will have its unqualified support." We fancy the reader will agree with us when we declare that it is difficult to reconcile those two views coming presumably from the same pen, and if the question were to be decided on the arguments adduced we should think that those in favour of retain-

DRY GINGER ALE.

LIME FRUIT OFLAM.

PAGNE

ORANGE CHAMPAGNE.

STONE GINGER BEER.

THE case was continued before Mr. E. R. Hallifax (First Magistrate), in the Police Court this afternoon in which four excite officers, are charged with an alleged assault on a number of tallymen on board the sa, Cyclops on the ith Angust last. Mr. H. J. Gedge prosecuted

case remanded,

We are requested to state that to-morrow, toth inst, being the 25th anniversary of the episcopal Copeccration of His Holiness the Pope, there will be in the R. G. Cathedral at 7.30 a.m. low pontifical mass with general communion. The Bishop grants a plenery indulgence. During the mass the pupils of St. Joseph's College will sing hymos. In the afternoon at 5.30 there will be exposition of the Blessed Sacrament, Te Day and Benediction..

Sir I enry stated that the interim injunction.

action was being brought. It was necessary. that plaintifs should confine themselves to specific pleadings. Mr. Slade's action would be extremelý vexatious to them. The action was in respect of the two-girls brand. remedy for the lujury inflicted on them.

Mr. Slade declared that the plaintiff wanted

His Lordship said it appeared to him that

the action was directed in respect of the pari-

colar labai.

The following was the jury :-Mesurs, D. W. After farther, argument, Mr. Slade applied Craddock (foremas), L. Gibbs, G. H. Madhurst, for leave to amend the statement of claim by C. W. Lafrentz, D. R. Law, A. Shelton Hooperibs insertion of the word "various" before the and A. Mackerzie.

word "labels" in paragraph 8 of the statement of claim.

His Lordship, addressing Sir Henry, said he regretted having bad to unavoidably require the presence of the jurors.

ever? To say, again, that the dress of

wise to represent or lead to the belief that the the European gentleman allows him to IN connection' with the double murder com- Florida water sold by, defendants is the Florida walk or to indulge in athletic exercises is mitted to the New Territory on the 20th August Water manufactured and sold by the plaintiff absurd. The man who goes in for his daily last, when two Indian policemen who were (1) An account. (5) Damages (4) Coste,

Mr. M. W. Slade, instructed by Mr. H. W. constitutional has p special dress for the oc-conveying Crown ront were set upon by a casion while the athlete is usually half-naked the second prisoner, who is alleged to be consppeared for the plaintiffs ir Herry Berkeley, number of Chinese and brutally done to death | Looker(o! Messrs, Deacon, Looker and Deacon) when he adopts pugilism, swimming or other cerned in the affair, was to-day committed K.C., with whom was Mr Eldon l'otter, is sports as his form of recreation. And to for trial at the next Crimical Sessions. The structed by Mr. H.K. Holmes, was for the discard native dress for foreign in order that trial of the two mea is awaited, with much defendants, he may obtain a superfluity of pockela is interest. bringing the subject into the region of the grotesque. To quote again: "No foreign gentleman is ever seen displaying himself'in silken fabrics of the most delicate texture and still more delicate hues. These are such that the least soiling spoils them, and hence the extremity of care which the Chinese gentleman, has to exercise when full dress. Hence, too, the dignity which has grown from a custom to a curse in that it has prevented and still prévents ing the national dress would prevail. But those free movements which health and let us go a little farther into this subject strength demand. It is not so much Con- which has a peculiar fascination for Euro-fucius as the tailor who is responsible for peans. It is a fact that the dress of the Chinese as we know it has been adopted by countless generations as suitable to the deeds of the people and the idiosyncrasies of the, diverse climatic conditions prevailing throughout the vast Empire.. Ia the Grst REFRESHING. place silk and cotton, the two main staples of native clothing, are products of the soil. They enable the Chinese race to indulge in esthetic habiliments while less favoured peoples sirutted about half clad in skins. It was the nature of these materiale which larguly decided the general character of the clothing to be made from them. Neither silk nor cotton, lends itself to such close- fitting garments as wool. That being an mixed with aerated or plain water animal product specially intended by nature for provision against climatic extremes is by reason of its flexibility and non-conductive quality particularly suited for the tight-fitting clothing of the west. But as the Chinese Guaranteed to be made from the have had comparatively little wool their

pure juice of sound ripe fruit.

PALATABLE

Watson's

AND

FRUIT SYRUPS.

make excellent refreshing beverages,

silken and cotton fabrics have been loosely fitted, and thus have acquired far more picturesque outlines than ours. Their long flowing robes, loo, have, lent themselves to that kind of adorament which is ever in good tante. It is rare to see the error in good

the many rules and regulations respecting dignity in China. For once soiled these costly garments cannot be restored to their prestine beauty. Nor can they venture into the rain. That spells ruin to robe as to shoes, those absorbtive foot-coverings which are responsible for the keen desire of every Chinaman to ride everywhere if he can. Foreign clothing is often weather proof from the crown of the head to the sole of the foot, and that is what clothing should be in so variable a climate as that of China. As it is, a shower of rain is enough to, nip in the bud even an incipient rising or riot." And these are the sum total of the arguments in-favour of European clothes. We cannot

it

see that there is much force in them except with regard to the fact that Chinese travellers ind it convenient to do in Rome as the Romans do and altire themselves in Euro pean clothes when they are touring in Burope. That is the only occasion when is found advantageous to conform to Euro pean fashions, but the change is made, not out of deference to European opinion but to escape the ribaldry of the ignorant street ragamuffians who have hardly a stitch of clothes to cover their backs. The Japanese

The statement of claim in effect set out that the plaintiffs were the manufacturers of and denters in Florida. Water and were the proprietors of a trade-mark consisting of a floral desigo. The trade-mark was registered | in the Colony as an old mark under the name SERGEANT A. K. Tayine made a remarkably of Lapman and Kemp on the 15th February, clever capture on the steamship Kutong, when 1908. The plaintiffs were also the proprie he discovered a stowaway who had been placed or of another pleix trade-mark, which in "position" by theen who should have known was registered on the 15th February, 1908, better. Mr. Frank Aucott, of Jardine, Mathe. also under the name of the plaintiffs. Plain son & Co., prosecuted at the Magistracy to. tiffs exclusively used the trade-mark. Defend day, the stowaway, a Chiraman, who was fined ants were selling Florida Water, not manufac $200, the "alternative being six weeks in qund.tored by the plaintiffs, but so designed as to be A tallyman who knew more about the busi. calculated to deceive. Defendanta were guilty ex than he cared to tell was sent to prison of an unlawful imitation of the get-up of the for six weeks-bord labour. The other man. Plaintiffs' bottles, as a result of which the the man who knew all about it was fined $35, defendants derived large profts. you call it humour-is that the stowaway only paid Str. And be paid it in the tally man.

with the usual alternative. The humour-il

THR

"YELLOW DRAGON,

Last

a

A was de

Six Henry opposed the application, which be said woulde, ablethe plaintiffs to setupan absol uinly new case. The plaintiffs were not in s position to call any witnesses and to pitel fork an amendment into the case would be embar rassing and vexatious. Although the "Count had unlimited power, it could not grant an application of that nature on any and every occasion. The claim was for the infringement of the two-girls brand on the fountain brand. There was not a scintills of mention about the brand which Mr. Slade proposed to put in,

After Mr. Slads bad replied, he proposed to pass a bottle to the jury,

Sir Henry again objected, and, in doing so, said that the solo question at issue was whether as a fact the manufacture ored by the defend- ants was calculated to deceive. The Court had nothing to do with the question of intention-

whether the girl brand-lafringed the fountain mark or the tea mark the fountain mark it had been found necessary in the criminal action but not in the present action.

The defendants admitted that the plaintiffs were the proprietors of the trade-mark but danied that plaintiffs had the exclusive right to use the words "Florida Water." They denied that they had sold Florida Water not of plain

ff' manufacture under a label so closely re-authorities in support of his contention. sembling that of the plaintiffs as to be calculat ed to deceive. They admitted that they had seld Florida Water in bottles the same shape as those used by the plaintiffs. Such bottles were common to the trade in Florida water. It was a

Mr. Slade said the question of intention.was absolutely material to the caro and cited

After considerable discussion, His Landship rolad that Mr. Slade ihould proceed with his opening.

Sir Henry applied, for the removal of the offending bottle from the table, otherwise, Mr.

distinctive trade-mark, vis, two Chinese girls. Stade would be guilty of contempt of Court, one, bolding a bottle is her hand and the other.

His Lordship over-ruled the objection. a sprig. They denied that the use of the wards Continuing, Mr. Slade said that defendants purchaser into the belief that they were buying by Messrs Lanman sod Kemp. If an uswary Florida Water were calculated to deceive a bad started a rival business to that carried on plaintiffs' Florida Water. They denied that the man could mistake one Jibe! for another, then plaintiffs had been damnified. Defendants', the plaintiffs were entfiled to their verdien. The competition with the plaintiffs was fair trade resemblinen could it be accidental. Defend competition. Subsequently they discontinued ants deliberately copied the brand in order to the use of the trade-mark and gave notice of improve their trade. discontinuance to the plaintiffs.

Mr. Slade, in opening the case, said that the

A. S. WATSON & CO. Chinese society which is by no means absent have for business purposes adopted Euro, explorer has privileges. Posta nascitur, elc. action, was one which was brought by Messrs, action which had originally been brought

LIMITED,

HONGKONG and KOWLOON.

Hongkong, 15th July, 1909.

[18

The Hongkong Gelegraph

HONGKONG, MONDAY, NOVEMBER 15, 1999.

in the west, the use of constructed ornamen tation in place of ornamental construction in dress. As the writer proceeds to remark there is no comparison as to the effect of a Chinese official of aldermanic proportions with the comical sight of an unwieldy Euro- pean clad in tight-fitting uniform which threatens to burst at every movement." Be it remembered (says the writer in question) that there are no fires in native houses except such as are imperatively called for by the cook. There is no need for them. As winter approaches one garment in added to another,

BAD, GOOD AND INDIFFERENT, This is a new dragon, we have met. A Felisar Dreion which is humoristic, month, we learn, the circulation was 900 copies, This month how much? We think that if the editor in his description of an seroplane ride from Bangkok to Hongkong had cut it short trifle he would have gained his point sooner. That looks a Scoto-Hibernianism, so that Dalls and knocks must absund. Of course we can see the iden. It is to furnish a lesson for the scho: ars, to bring their wits to work over a place called Koh-i-Chang and wonder where he was when the Haitan Setails appealed to him as to the vicinity of Hongkong. But, as in known,

The tale is decidedly readable; and what a pean, raiment but in the sanctity of their geography leason for you and me it might be own homes they usually return to their Not understanding or agreeing with the refer native kimono. The fact is that if the Chi-ence to "Mormout—a bistorical episode," a nese are to done western, garb why should emulate the Scotch clergyman, andboldy look at they not take to the kilt, which is airy, healthy the statement in the face, and pans oo. What and comfortable? The kilt is only worn by we do like in the present number is the ima

pressionist sketch of the last typhoon. It mat. gentlemen in the United Kingdom now-

for the imitation of a trade-mark was for a rival. man to simply copy the earlier-established | PORTUGUESE CONGRATULATORY TELEGRAMS. adays, not because the Scotch have given itters not that it was no typhoon but we would like

to quota if space permitted. The writer" 1.0. tr.de-mark. This practice was 'unusual busi up willingly but because it is probably the is greatly to be congratulated. Clever in a way the one generally rescried was to so closely most expensive outfit that exists in the world. is the log of the Makung Expedition, a con imitate the mark as to be calculated es celebrated the aniversary of the birthday of The Portuguero community is Hongkong And so it has become a luxury and a mark tinued story, but it wants virility, and the at- deceive. To an unobservant man, the imitation King Manuel today with no outward demons- of rank and wealth. But its comfort cannot tempt at Pepys in the end spoils it to students,

was hardly apparent. To an able and distentious. The only evidences of Portugals be denied, for no sooner does His Majesty. All that forgotten, this number of the Fellow hoc est trader, it gave opportunites to pass national féle day were observed af oat on bosid Dragon, the organ of Queen's College, is a off imitations for the genius article. The the Portuguese, British and foreign warsbiru- the finest number which has been issued, and of a particular mark and make slight changes of the occasion. At noon the usual salu'e wall worth a ball-boor's tíma.

In the afternoon, Mr. Slade continued bis:" address to the jury and referred to the criminal

manufacturers of Florida Water. Lanman and Kemp, who were old-established against the defendants. That action turned There were out unsuccessful but different considerations two main grounds of action. One was the in-turned on that care and had no material boating fringement of plaintiffs trade-mark and the on the present adion, other was the imitation of the get-up of the Evidence was called and the case adjourned. plaintiff Florida Water. They overlapped to certain ex'ent each other, The simplest case

KING MANDENS BIRTHDAY.

CHARACTERISTICS OF CHINESE, and in spring there is the reverse operation. and the Prince of Wales retire to their sum remarkable departure from the abvious. It is usual way was to take the prominent features in port which, were dresied in

DRMSS.

The calls of climate are thus answered to a

Dicely, and as there is a looseness about the With the approach of winter, the European clothing which is not known. to western section of the population in Hongkong has fashions there is a freer circulation of air already discarded summer attire and it is than would otherwise be the case. The seldom that the white suit is seen in the clothing is nowhere too tight, Corsets are public thoroughfares except when it is worn unknown, and with their absence there is a by some transient visitor from the warm freedom from the evil results, which accom- climes of Sjugapore or Manila. Among the pany them, The shoes are warmer than oura, Chinese, however, the radical change of and softer to the feet, so that corns are prac- clothing to meet the sharp winds of Novem-tically unknown. Added to all this, there is

mer residences on Deeside, than they revert to the national dress of Scotland, so that not only, is the kit the insignia of distinction"

As we said but it affords the acme of ease.

at the outset, we should be sorry to see the Chinese doffing the silken robe, but in these unsettling days no one can foretell what may happen.

LOCAL AND GENERAL.

ber has not yet apparently made its appear the charm of colour and texture in Chinese THE English mail of the 16th October was ance, although no doubt minor additions | dress, masculine in particular, against which | delivered in London on the 13th inst. have been made to meet the gradual lowering the weat has absolutely nothing to show."

SPORT IN HONGKONG.

.

honour

of temperature. But it is only when the And now for the other side of the story, A CHINAMAN was this morning figed Sano for generation, because it has been made pocket-started selling Florida Water of their manufic offer their congratulations wat H.E. KAD

| selling Samaku without a licence.

Erb-ch'ies, the Chinese Commissioner for, the delimitation of Macao, accompanied by his secretary.

here and put different figures there. The law was fired from the shore battery at Kow.com ́did not allow a trader to imitate the get-up ef and the men-of-war. ́. Owing to Senhor J. J. some of his rival traders. After furnishing a Leirials, regrettable enforced confinement concrete example, Mr. Slade proceeded to say to his room after his accident two months ago, ANNALS OF THE PAST AND EVENTS' TO COME. that the plaintiffs imported Florida. Water into the Portuguese Consul was moable to hold the shis country aloca before, 1875, - In the original castomary " At home," and Brokor and Mme One of the bandiest little pocket volumes criminal action against the defendants, the jury. Loirin's wonted hospitality could not be | which has yet been issued in Hongkong is that reinrned a verdict of “ Not guilty" but that fact | enjoyed by the annual visitors to "Duart” cotilled: "The Hongkong, Sporting Annual." | had no bearing on the case before them. In who lóvariably call upon the consular represan- Our best and Number One sporting representa. that action, defendants bad made certain tative on the occasion of the Portpguese King's last it be thought that he is partial, admite that that before they had started dealing in Florida however, would not deny themselves the plea- tive, who refuses to say a word on the subject, admissions and one of these admissioni, war | binbday. Some of Mr."Leiria's colleagues,

it is the old story—a felt want: Looking through || Water, they know of Messry." Lanman and sure of a personai vhit and” they called at the book--and the originators are wiss lp their Kemp's Florids water, and knowing this, they |" Dourt" to-day. Among others who, want to

size-we only find one or two possible improve, tore to 1905 and 1906. morts. The index is bad, because it takes At this stage, Mr. Slado was about to pass a years to find out where we are. The system of certain brand of Florida Water of defendente leaving spaces for goals to the football division manufacture to the jury, when Bir Henry ab

taken from the golf cards. What we stiggest Jected' on the ground that no exhibit could be is that the index should be so explicit that the lowed which was to be excluded, in the casos TO-DAY was an sausually busy day at the roader can find any club he wants. In cricket and considerable discussion followed.

he should know the scores made not only The Chief Justice-Isn't it the alleged in Police Court. There were no less than 105 against but the clubs he may have to fringement ? cases before the Magistrates, excluding replay. A spare sheet of paper would allow Sir Henry replied that it bad nothing to do card-breaking.

there should be an addition of two pages or, were seeking for a remedy against the alleged counting table for twelve to twenty. But it ants, perhaps, two or three feague matches. Also, a injury inflicted on the plaintiffs by the defend.

'must be remembered this in a first issue. It le Mr. Slade-If my friend doesn't make these

admirably done, within limita, mad he will be a hardy assertions, it will be easier to go on. fool who as a sporting man fails to have a copy. We should have liked to see the rules of the Amateur Swimming Association incorporated in the back, aftar the little fray when the Shang-

THE Agents (Mesars, Messageries, Maritimes Co.) inform us that the cargo of silk shipped on board the ss. Oceanien which left this port on the rath ulto, was delivered in Lyout on the

13th int

Wx are informed that the total output of the Chinese Engineering and Mining Company's three mines for the week ending 10th Oct. amounted 23,488,63 tons and the sales during the period, to ax,103.90 tons.

་་

A ball will be given at Macao to-night, at; Government House, in honour of the occasion, His Excellency General Sir Joachim Machado, |KCMO, Cipts, D. Císaid and J. M. R. Norton : proceeded to, Macao this afternoon to attend the function.

- In the course of the foreston, Conuli Leiria

on was addressed to the Private Secretary to H. M. F. Majesty the King of Portugal, Wied. sor Castle, London, and the other to the Go--! vernor of Macau,

ZOROASTRIAN CLUB,

Chiocic New Year festival is in full swing | One might well think that the supporters of that the Chinese are to be met in full winter the existing style had made out a case which costume as well as rivals of Solomon in all could scarcely be controverted, but we agree his glory. The question. of ChinesĆ VETSH that there is "a desire for clange in dress European raiment is discussed in a couple amongst many Chinese who have travelled, of articles by a writer in the Mercury news many more who have been influenced by paper of Shanghai. It is difficult to say on and by foreign examples." The arguments which side the writer's views are the in favour of European clothes are not always stronger, for there is much to say in favour † convincing but we give them for what they mand caser, which must be cobsidered re- the memorandum to be made. lo football with the particular claim in which, plaintiffs despatched the usual congratulatory telegramkƒ-", of both. The question arises out of there worth." "It gives (we are told) far more many proposals made from time to time by freedom to the limbs. It enables the wearer Chinese reformers to exchange the diguified to walk or to indulge in athletic exercises Chinese robe for the "smart" European | it is here where the modern student counts. tight-fitting garb, and incidentally it involves He plays football, baseball, cricket, hockey, the retention of the queue. For our own and so on, and long flowing robes do not part we way, say at once that we prefer to allow of these. Here, too, the workman soc. the Chinese gentleman arrayed in his comes to the student's aid, and shows.

UNA SILVER, MEDALE PERSENTATION, E regal splendour as contrasted with the slip how, in these days of whirring machinery,

two separate infringements. He then proceeded gathering of members of the abave Clab at the Yesterday afternoon there was special slop garments which are usually foisted upon anything looic to the way of dress may him when he decides to don European lead to accidents severe if not fatal. Both

and international rules was raised by the cepto display three bottles of Florida. Water, be Club House, when Mr. F. P. Shroff, the pres dress. And on this point the Northern cri- of these are more than pleased, too, ating the markger of the hotel and an Indian that, the new little book, just useful for informa strong similarity, Plaintiffs made no complaint to Mesure. Rustom Ardeshir Dastor and Kawas ain of the Shanghai team. But apart from tween two of which be asserted there was a dent, kindly presenjod the Club's allver medals. tic very justly remarks We may say that the conveniences which western costume walchman belonging to the same establishment. tion and bandy for the pockel, is a distinct In respect of the third bottle.

1 Dinshaw Gozdar, the winners, respectively, the Chinese already have a system of dress provides in the form of pockets. They are

wachievement for the two Scolimen-one a Sir Henry road the writ in the claim, which the Club's chass and dis tights tournaments. which has many advantages over that of the particularly strong in support of the foreign THREE Demployed sosmen appeared at the newspaper man and the other a soldier-who complained of the infringement of one pare | There wors 12 entriri în each compati west. It is better suited to its environment, hat which in its varied shapes adapts itaçifto | Megistracy this morning for having in their look the trouble to get it up. It is only go ticular label to which plaintiffs had taken ex- both of which ware keenly contested. It is more artistic in colour and forms: it is everything required by work or play, by sense possession on teels of prepared oplam os cants, and we have not said half why it should caption sad of any other labels. The object Club praises were very tasinfully, decor cheaper in the long run because it is less or ceremony, Conspicuous amongst its board the 16 Gormants. The men pleaded be in the pocket of every man who is a sports of the writ, Sir Henry declared, was to presan, and a dinner was held later s anocted by insane vagaries of fashion it has advantages is the shade it gives to the eyes, was paid. In one instance only 1 the others will Hongkong Daily Press and is a credit to all against them at the time the writ was lodged occasion was the eve of the Todika guilty and were each fiund 5500. The fine man and a spectator. It is printed by The the defendants kom doing what was alleged honour of the double prasantation grown with the growth of the state, suite the Xt is thought by some that the peculiar was a serem of imprisonment,

།

The Belle View Hotel was the scope of a torbance on Saturday, as a result of which a soldier belonging to the local garrison was fined $30 to the Police Court this morning for assault,

bal team was here and the question of local

concerned.

Sir Henry contended that it was an attempt on the part of the plaintiffs to bolster up the case, which must fail.

Mr. Stade stated that plaintiffs were suing for