1910-03-14 — Page 5

ATHE CITT HÅLL. BOXI

pearant parture bean co

AY'S DIO FIGHT,

THE HONGKONG TELEGRAPH MONDAY MARCH 14 1010

SHIPPING DISPUTE. (BEFORE MR. JUSTICE HAMILTON, BITTING AS COMMERCIAL JUDGE.)

JARDINE

MATHESON & CO., LD1 t. CLYDE

SHIPPING CO.

In this action the plaintiffs, the charterers of the steamer Kish, sued the defendants, 'as own- ers of the vessel, for a declaration that they were entitled to the sum of £246, money de-

To-day's Advertisement.

S.S, POLYNESIEN." COMPAGNIE DES MESSAGERIES MARITIMES.

NOTICE:

lbs. while Simms' weighing-in • registered 150 lbs and the latter accordingly follaited $115 to Lewis in conformity with one of the cuditions. Both men looked in the pink of The T was packed on Saturday condition and ware loudly cheered on enter- asion of Bill Lewis last.aping the ring. In the o;enjng round both men night ocal prize-ing before bis de confined themselves to taking the other's lia. For days before it bad measure and each was determined to give anticipated that an excellent away as little as possible to the other. Several Gght put up by Bill Lewis and clinches and glancing blows were the sum total

ms, of the U.S.S, Wilmington, of the first round, no hard blows whatever posited by them with Part' Bank, Limited, in "Batll" for the eight championship of the being exchanged. The second round was a gratifying to record that the repetition of the first, Löwis sticking to his Oricat most speciations of local sportsmen man, who was confined to his corner and was their entirety on Saturday mainly on the defensive. In the following it was, as asoul, arranged by round, Lewis brought into play his formidable Mr. Raker and some of the pre- right and, was able to plant some stinging | Dunlop appeared for the plaintiffs; and Mrhazardous and or extra baxardous Godowns

ere excellent in their way but the drid was beyond question the wis and Simms, and it speaks fight he volume organizing capacities of Mr. Whittkof the fact is stated that thera

were

night.

Himinar

ONSIGNEES of Cargo from London ex 3.3. Malopan and Dordogne, from Mas sina ex 1.1, Niger, from Havre ex sa. Matapan, from Bordeaux, ex. 4.5, Ville de Bordeaux, London, in respect of a cargo of soya beans, upon which the defendants had claimed to ex

informed that their Goods with "the excep is a lion. The material facts and arguin connection with above Steamer are hereby monte are stated in the judgment,

tion of Treasure and Valuables are being landed and stored at their risks into the of the Hongkong and Kowloon Wharf and

•Godown Co., Ld, at Kowloon, whence" delivery may be obtained immediately after landing."

Optional Cargo will be forwarded on unless Intimation is receive from the Consignees

landed here...

Mr. Scrutton, K.G., and Mr. C. Robertson Bailbachs, KC, and Mr. Stuart Bevan for the

defendants.

To-day's Advertisements.

NAVIGAZIONE GENERALE ITALIANA. (Florio and Rubattino Untied Companies), STEAM FOR BOMBAY VIA SINGAPORE AND PENANG.

Having connection with Company's Mail Steamers to PORT SAID, MESSINA, NAPLES, LEGHORN and ĠENOA, also VENICE and TRIESTE, all MEDITER RANEAN, ADRIATIC, LEVANTINE and SOUTH AMERICAN PORTS up to CALLAO, Taking Cargo at through Rates to PERSIAN GULF and BAGDAD, also BARCELONA, ALMERIA ind VALENIA, ALICANTE, MALAGA.)

THE Steamship

" CAPRI,"

was put a seat to be had after a certain feet instantly. Lewis drove home a righ. I beginning of June, 1979, à d.'pute arose at before NORD, TO-DAY, 'requesting it to be Captain Dini, will be despatched as abora

OD his

blows on his opponent's face, which would. have proved destructive to any other visage but that of Simms, on whom the shots had apparently little effect. In the fourth round, Lewis slipped and fall but was up on his -hour Toler portion of the spectators uppercut which seemed to tell proved exy orderly, but it is regrettable opponent sad, still configing the latter to his that Saturight's proceedings should have corner, followed with a straight drive with his beeo may continued and persistent right, Simms saying himself from further puvish

In the fifth round, remarks rcidedly urgentiamanly natürement with good foot work. by cerrarons, who, fortunately for the nudience, oon put, out by the policeman on duty at to be hoped that this des rable practice observed at future fights, as

the unicus behaviour of these undesir able ́peraro unquestionably not only exasperap the fighters but prevent the audiencefollowing the fight with anything like conti Mesis Kelly and Bond were

the timeks, Capt. Graves-Faise, and Buff, was the at in the main event, and Mr. Deveneyled the preliminary bouts. Mr. W. Lrchicted as announcer.

The firm was a six-round contest of (wo

Lewis led with a right swing. Simms tried to retaliate but missed." to the next sev coloured man suddenly brought into play a series of quick right uppercuts, which seemed to puzzie bis opponent, and Simms had de cidedly the better of this round. The 'seventh round saw change in tactics and Lawis received his opponent's right on the point of the jaw just as the gong sounded. The next low tounds saw both men hitting hard, Simms chiefly trusting to his short right uppeicus. By the time round No. 18 waireached, the marine's face was in a swollen condition, his left eye being minutestion between Gr. Lochrane,-87th badly damaged. In this round Lewis led with a left book on the jaw but in the next round Coy., R., 93, 12.bs, and Drummer Bou- chior, apis, winner of amateur light-weight Simms took the aggressive with a right on the point of the jaw and matters stood compaties. 6lbs. The coolest was more or less aring exhibition, both men appear fairly even at the copclusion of the bout. In ing Brazio the att. In the second round the twenty-second round, imms planted a tre the gangs flared by his opponent with amendous right swing on his opponent's right saw but rose after the eighth count which sent the latic to the boards, but be

realise what had feeling r' groggy." The drummer followed fore he had time to up his stage and easily knocked out bis happened, the smaller man was up on his feet and showered a series of blows on his man wight Swit'g on the jaw.

opponent with telling efect. By this time the audience had already formed conjec tures as to who would be the winner and they cheered spontaneously whon, at the

lbs. conclusion of the fast round, the referee au-

nounced that Lewis was the victor. Through out the fight, the coloured man treated the audience to a series of grimaces and other mannerisms which highly amused the spec-

The ad coulest was one of six rounds be weer. Bidbrook, 88th Coy, R. G. A, for lbs., and Stoker Biggins, of of the amateur H. M. Kent, w ener middlecki competition, lost a The ar from the very ruiset proved bimselfugh fighter. In the opening round .he cat the soldier napping and drove a stuoniest os bis oppotcov's jaw. In the second ad the "stoker ireated the audience to an ssition of what a considerable amount of puchent a man can escape by successful duckip The stoker again and again tried to parish opponent but each time the shots failed md their mark, which seemed to annoy the gur to an exasperating degree. There was nice behind the stoker's blows but meas ing tkad of the round he felled his opponent,

·with right. The gunner took full advantage of thougt, which had not concluded when the gonpauoded. In the succeeding round, Big's hit bis opponent before à clean break andas warned by the referee. The stoker Corsued his ducking lactics and bare what puthment he received remarkably well. In thourth round Biggins was driven to one of "corners but emerged from kiș predicament cathed. A right swing by the stoker floored b opponent, who rose at the eighth count. he rest of the bout wis more or less even, be kb round sew a lot of give and take. he gunner langed with his right in the direc ion of the sailut's 'sulur plexus, but the latter managed to avoid the formidable thrust. The last round was last and furious. The stoker's shots landed with force to his opponent's body but t'a latter checked disaster with his counter. thrusts. The contest was declared a draw,

tate bui

nevertheless Simms fighting

Mr. Justice Hamilton, in the course of his judgment, said that at the sad of May or

Daley between the local representatives of the plaintiffs who were shipping soya beans on board the doleudent's vessel, the Risk, and the captain of the Kith, who had his instructions from his owners. The point of the dispute was that the shippers contended that having put on board some 7,600 bags of beans they had a tisfied their obligation under the charter party. of March 18th, 1909, on which the action was brought, and were not bound to ship any more cargo. The captain raised the contention that be had a quantity of cargo spaces still unfilled, which could be filled without exceeding the ship's carrying capacity... The captain demauded delivery of a further 360 tons, and as he refused to sign the bills of lading unless he had the amount of the dead froight paid on the extra 360 tons put on board, the repressstatives of the plaintiffs shipped 360 tons under protest. On arrival in this country the shipowners exercised their lies upon the 365 tons and claimed freight upon it. Their right to do so was then disputed by the cher terers upon the ground that they were not bound to ship it under the charter-party. By agreement, the amount in dispute was deposit. ed in the bank in the joint names of the solicitors. The charterers brought this action to obtain a déclaration that they were entitled to a return of the £470 tos. deposited, and alternatively for damages accruing to them for having had to buy 360 tons, and la respect of we items of damage. The first question is One of construction, The charter-party by clause 'provides that the said steamer shall,

after completive of the present vayage, etc., proceed to load at Daloy... a cargo of beans not less than 6,gou tous, but not exceeding 7,000 tons et intake weight of beans in bags as usual, which the said charterers bind them- salves to ship not exceeding what she can rea- was throughout characterized by a clean-sonably stow and carry over and above her dess which was thoroughly appreciated, Lewis fought with a cool courage which was intensely adinired. More than one person was heaid to r.mark at the conclusion of the fight that it was by far the bas) fight, he had seen in the Colony.. It was a fight to a finish.

SALE OF WEST POINT GODOWNS.

SPIRITED BIDDING FOR RECLAMATION PROPERTY.

Bills of Lading will be countersigned by the, Undersigned, Goods remained unclaimed after the 1st Match, at Noon, will be subject to rest and landing charges.

الي

All claims must be sent in to me on or before the 22nd March, or they will not be

recognized."

All damaged packages will be examined on the zest March, igro, at 3 F.M.

No Fire Insurance has been effected.

P. THOMAS,

Agent. Hongkong, 14th Maich, rota.

"RULES, OF THE ROAD:

110,

LAUNCH MASTER FINED. Before Commander Basil Taylor, R.N., Marine Magistrate, A Davey, boarding officer of the Harbour Department, prorscated Chu Fong, Certificate No. 7,044, master of the, Government Military steam launch Tommy dikins for unlawfully disregarding the rules of the road' at about with inst., in the waters of the Colony.

11 m. on the

Prosecutor stated that on the 11th inst, al

on WEDNESDAY, the 16th inst, at Noon.

For further Particulars regarding Freight and Passage, apply to

CARLOWITZ & Co

"Agonis.

[16

་

Hongkong, 14th March, 1910.

THE AMERICAN AND ORIENTAL LINE

FOR NEW YORK.

(With Liberty to Call at the Malabar Coast),

THE Steamship

"INVERIO,"

will be despatched for the above Port on TUESDAY, the 26th April.

For Freight, apply to

ARNHOLD,, KARBERG & CO.,

General Agents. Hongkong, 14th March, 1910.

[346

EASTERN AND AUSTRALIAN STEAM SHIP COMPANY, LIMITED.

FOR SYDNEY AND MELBOURNE

Pots, and taking through Cargo to Adelalia, New Zealand, "lasmania, &c.);

THE Steamship

11 am, he was going from Kowloon wharver (Calling at Timot, Port Darwin and Queensland to a steamer anchorage South of Stone- catter. About half way across, he saw the Tommy Atkina on his pory bow, steering across his court, towards Stonecutters. He took no further notice of her, as she had to keep out of his way-till the coxswain spoke to him and he looked up and saw her about to feet ahead of him just before his port beam, stesting, at about N. E's with his course still going full speed. He could do nothing, so be kept straight on.

Defendant did not alter bis

1

cased his engines and passed under the stem of the Lily. He could not cross her bow as there was no room The two launches were going on nearly parallel courser. Ha, was going from Tsim Sha Tsui to Stonecutters! East,

His Worship found the defendent guilty and imposed a fine of 52e or weeks' hard jabour.

The fine was paid.

PIER, AT MONGKORTSUI.

RIGHT TO ERECT.

couris, so far as he could sen; he passed close "under his stern—so close that bis (defendant's) bow actually touched his colours, which «ere hanging up and down... As he passed he cabin bunkers, tackle, etc." Now upos they heard bim ting his engine room bell, for what clause the charterers say that it is in substance purpose he could not say. There was nothing. the same as in the case of Miller v. Droner (s in the way. He could have passed well clear Com, Cas., 175) They say the charter means, by the slightest movement of his helm.) not a "fuil and complete cargo" of beans but Defendant, in reply, said that he saw the something else, as the omission of those well,Lily on his starboard bow. On seeing her ba koown words means merely a cargo of beans, and they say that, as nobody can contand that it was Dola cargo, their obligation was fulfilled, by placing 5,600 bags on board. They contend that the words "not less than 6,500 tons, but not exceeding 7,000 tons" give them the option of shipping the greater or lesser quantity as they will. On the other hand, it is said by the plaintiff's that attention must not be paid to words which are not put in, but to words which are actually in the charter. The defendants also contend that the clause mpit be read in the light of the case of Caffio #. Aldridge (1 Com. Cas., 181), and they say that, looking at the provision by which the charterers bound themselves to ship a cargo not exceeding what the vessel could reason. ably slow, and carry, once the conclusion is arrived at that a cargo of beans means as much as the vessel can carry over and above her bunkers, etc., it is clear The last fight but uns of the evening was

"Lotz is the properly registered in the Land that that cannot mean cargo of beans be A fifteen-round contest between Artificer Office as Sections A, B, C. D. and E. of Marios tween 6,500 and 7,000 tons. He thought the Lot No. 126 and is held for the residue of a construction put upon the document, by the Hadron, M. H. S., Kent, 10st. 4lbs, and Gr. Arandel, 88th Coy., R.G.A., 1011, 31. term of 999 years from the 34th December, defendants was right, that a cargo of bezas for the middle-weigh: supremacy of the Chins 1865, at as apportioned Crown reos of $78.30 under this contract meant an entire loading of Station. The opening of the first hout saw the per annum, area 8,620 square feet or there the vessel. It appeared to him that unless the participants taking measure of each other abouts, and is used for golowns capable of omission of the words "full and complete The gunder drove a straight shot in the direc-producing a monthly rental of $449. The cargo" distinguished the case-and he thought tion of the scamen's chest, the latter retaliating first bid offered for this property was one they did not-the point was concluded by with a right swing to face. The mea warmed of $50,000. It was run up by spirited com-authority, the authority of Potter v. New "up to their work af the conclusion of the boul. pention to $59.sonat which price it was bought Zealand Shipping Company (1 Com, Ca,

Arundel was driven to the ropes and bad not regained his balance when the gong sounded, lo the second round the gunner tried 10 (eint several times but his opponent 'successfully ducked. The seaman was responsible for some fine foot work, which compelled the soldier to be on the qui vive. Each man was going for all be was worth for the other's face.

In the next

At non to-day, at the auction rooms of Messrs Hughes and Hough, auctioneers, two lots of valuable leasebold property at Kennedy Town were put up for sale by public auction. The first lot is registered in the Land Office as Marine Lot No. 263 and is held for the residue of a term of 999 years from the 24th June, 1887, at a Crown tent of $136 per annum, area 12,735 square feet or thereabouts, and is used for godowns capable of producing a monthly rental of $300, Ridding was very keen for this lot which was ultimately knocked down lo Mr. Choy Shui Woon for the sun of $62,100, the first bid having been $40,000.

by the same purchaser as the previous lot.

JAPAN AND UNITED STATES.

PLAYING WITH FIRE..

Luadon, Barch toi

.

The right of erecting and maintaining a lem. porary pier over Crown foreshore at end of Soy Street, Mongkokisui, was sold by auction at the Public Works Department this afternoon.. The dimensions of the site are too ft. by rooft and the term is for one year commencing from ist April, 1gio. The upset price was Stoo and the right was sold for $too to Messrs. Leung Kam and Wong Lau Sang.

·

Events Coming.

Tuesday, 15th March.

China Borneo Company Limited, Annual Meeting, at St. George's Building, noon.

Sanitary Board Meeting 3 45 p.m.

Wednesday, 16th March.

Laying of the Foundation. Stone of Hong Kong University, 4 p.m.

Thursday, 17th March.

St. Patrick's Club Concert, B.30 p.m.

Friday, 18th March,

Hughes and Hough Auction sale of furniture at "Ian Mor" Peak Road, 2 p.m.

Bandmann Opera Co., "The Arcadians." City Hall, 9 p..

Wednesday, 16th March. · Hughes and Hough Aution sale of Ponies, 114) and Carlton S.S. Company v. Casat Kennedy's stable, 5.30 p.m. de Mail (z Com. Cas, 173). So far he thought the defendants were right. Then attention was drawn to Classe 8-"cargo mist on no account be loaded in the coaming of hatchways above level decks, if ventilation is interfered with thereby, nor in ballast.com. The New York correspondent of The Stanpartments, bankers, or cabins, unless with round the seaman was caught napping and dard states that the belief prevails in woll-written consent of charterers' agents." He found as a fact that a portion of the received a stiff one on the ribs from his oppon-informed circles that, under cover of the most

cargo had been loaded in a cross-booker, ent's left. A left jạb on the jaw by Arundel correct diplomatic dealings, negotiations ba-

and that led to another question of followed by another was the only other remarktween the United States and.Japan, and in-

constraction on Clause 8. It was suggested able performance in this round. The fight was cidentally Russia, regarding trade conditions almost brought to no end in the fifth round, in Manchuria are approaching a somewhat that the particular bunker was not a bunker within the meaning of Clause 8, the season when Budson drove bome a heavy right awing | socious stage.

The gravity of the situation consists in the being that a clause from another form of on the point of his opponent's jiw, which scol

The fallen man conviction that Japan does not intend to allow charter-party used la connexion with the the gunner to the boards. took full advantage of the count and was glad traders equal rights in Manchuria and is carry carriage of rice, and well known in the to bear the gong sound soon after he had risen. ing out a pre-determined policy favouring East, was inserted in the Kisk charter-party,

every possible oc-

and evidence was given which showed that In the succeeding rounds, Arundel forced the Japanese commerce on pace but was seep to run away from bit oppo- casion. The United States Government is refice was regularly stowed in compartments so ved that American commercial rights shell of this class, and it is therefore said that, having regard to its origin, it is only a general be protected at all costs,

clause not intended to exclude a cross-bunker. He had, however, to particular charter. In his opinion the space which was stipulated for in the earlier part of the charter was cot.down by the express stipulation in Claus 8. The result was that the plaintiffs were entitled to the Olty Hall, 9 p.m. declaration prayed for.-L. & C. Express.

So stiff shots were nent more than once. axchanged before the fight ended, and the con- test was declared a draw.

Before the commencement of the above con- test, Seaman Willis, of H. M. S. Astrea, issued A challenge to the winner of the contest for $1,000 a side. The challenge was greeted with cheers by the audience. Sergt. Piggott, of the N.G.A., challenged Willis or any other man for any sum that might be put up.

..AMERICAN PRESS OPINION.

Saturday, 19th March. Hughes and Hough Auction sale of Jewelery, 10.45 8.m.

Green Island Cement Company,anquai meeting, at St. George's Building, 11.30 ..

Hughes and Kough Auction sale of furniture atlan Mor" Peak Road, z p.m.

Hongkong Volunteer Corps, Annual Iospec- tion, at Causeway Bay.

Bandmans Opera Co, "The Arcadians" City Hall, 9 pm,

Sunday, zoth March. Boxing Tournament at Belle View Stadiogo.

Monday, 1st March.

1

Bandmann Opera Co., "Our Miss Gibbs,""

The New York Times in a long article úters warning to japan.

The Washington contspondent of the New York World, says that the situation is officially regarded as intense, and adds that financial circles belleve it to be erroneous to conclude that-japan cannot afford way, The World as- sdits that an American bar secretly obtained. WITH reference to the recent mutiny of the The main event of the ovening was placed | Japan's war plans, which by a division of the new troops in Canton, a nativo dispatch says || 3,50 p.m. last of the programme and was a twenty-five Japanese floot, provide for the clastog of the that the Ministry of War, after considering the round contest between Bill Lewis, middle. Pacific to the United States finst. The plans incident, deems it inadvisable merely to rely weight champion of the Orient, and "Battling" | also embrace a laud expedition to the United on the report of the provincial government lu Simms, the coloured man fross the U.S.S. States, the aim of Japan being, it is alleged, the matter and has consequently misda up its Wilmington, for a $1,000 purse and a side-bet to break the United States' supremacy in the mind to dispatch secret delegatos to Canton to

obtain a true report concerning the disorder. of $4,900. Lewis Upped the beam at 148 Far East-N, G. D. Noak

LEWIS SIMMS.

Tossday, 22nd March,

Hughes and Hongh Auction sale of Jewelery: Bandmann Opera Co. "Our Miss Gibbs," City Hall, 9 pm.

"EASTERN,"

Oaptain McArthur, will be despatched as above on WEDNESDAY, the 6th April, at Noon,

This well-known Steamer is specially fitted for Passengers, and has a Refrigerating Uham ber which assures the supply of Fresh Prov slous, Ice, &c., throughout the voyage.

The Steamer is installed throughout with the Electric Light,

Intimations:

SAUSAGES

OWN · MAKE EXCELLENT and DELICIOUS.

་

Pure Pork

AND

Beef Sausages

at 35 cents & 25 cents per lb.

THE DAIRY FARM Co., LTD.

Hongkong, 12th February, 1910,

ASAHI BEER SAPPORO BEER

TO BE OBTAINED

FROM ALL WINE DEALERS

1910-13,

(35

[34

la doplicats' will be

SEALED TENDERS Not unt to a M. on the 21st March, 1910, from parkont desimus of supplying BEEF, MUTTON, FOWLS, PORK, BREAD, CHEESE, PURE COW'S MILK, AERATED WATERS, 10E and other Provisions, and necessaries for the year ending 31st March, 1911.

A Stewardess and a duly qualified Sargooseceived for GOAL (Akaike and Yubari) Seale Teaders in duplicate will also be are carried.

NB.-To assure the additional comfort of Printed Forms of Tender and further partl passenger the steamers of the Company have culars can be obtained at the R. N. Hospital.

The right to reject the lowest or any. Tendar alectric fans Etted in staterooms,

Is réserved. For Freight or Passage, apply to

WM. TAIT, GIBB, LIVINGSTON & Co.,

Deputy laspector General, * Agents: Hongkong, 14th March, 1910,

R. N. Hospital, [345 Hongkong, 11th March, 1910,

SALON-CINEMA THEATRE,

WYNDHAM (FLOWERY STREET, OPPOSITE General POST OFFICE.

FIRST APPEARANCE IN HONGKONG

or

Mr. CARL WALLNER, Whistler and Comedian.

AND

Miss ADA KING IN HER NEW BEPERTOIRE,

EXCELLENT FILMS.

TagB

DAILY CHANGE OF PROGRAMME, COMPLETE CHANGE TWICE A WEEK,

MONDAY and FRIDAY, DAILY TWO PERFORMANCES....... First commences: 6.30 half-price. Second commences 9:15.

MATINEES EVERY SATURDAY and SUNDAY 4 p.m. Half-price."

Hongkong, 8th March, 1910.

!

CLARETS & SHERRIES.

BEST VALUE GIVEN.

180

Medoc, St. Emilion, 'St. Julien, St. Estephe,

Ch. Larose, Ch. Mouton Rothschild.

Manzanilla, Amoroso, Fino Seco, Amon- tillado, Vino de Pasto, Grand Old

Brown.

Thursday, 24th March, Chios Bager Refinery Co. Ltd Annual Telephone 135. Hosting, at the offices of Jardine, batheson

H. PRICE & CO., LD.,

4th March, 1917,

WINE MERCHANTS,

12, Queen's Road,

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