1910-09-12 — Page 4

Kutimation.

THE HONGKONG TELEGRAPH MONDAY SEPTEMBER 12 1910

QUESTION OF DJOKE DISCUSSED IN CHII F

JUSTICE'S JUDGMENT,

THE WRECK OF IM.S. BEDFORD

BALVING THE GU: 3 AND YITTINGS,

The following is from the Angsanki Bruas, of

"CHIEY" JUSTICE/BAYS CUSTOM

The Full Court, consisting

MARICH

ihe: Obiet

faction, such as it is, of knowing that we are not the only Crown Colony in Goancial trouble Down in Singapore their troubles are not far to seck, apparently. There they enjoy the pleasure of a fixed exchange unlike the varying dollar that applies to Hong A. S. WATSON & CO., kotig. In the meantime, the Straits Seitle

ments are concerned about the reading of Wakeman, Oficial Receiver in Bınkıoper ad to the large, Tee Hing Items $5,049, hod: Thursday, were less fortunate than those of the msot In the Supreme Court

LIMITED.

ESTABLISHED A.D. 2841.

WINE AND SPIRIT MERCHANTS.

WATSON'S

E

VERY OLD LIQUEUR SCOTCH

WHISKY Blend of the Finest Pure Malt Whiskies distilled in Scotland.

OP

GENUINE AGE

AND

FINE MELLOW FLAVOUR.

Robert Porter & Co.'s BULL DOG

BRAND

GUINNESS'

I the Suprema Coon this morning, the Chief Justice, Sir Francis Pigzon delivered

dochina to the can which is

sund Li Chi Chig to recover the sum of S17,obo

CLAIM BY OFFICIAL RECEIVER | |the non-payment of the rents collected for him, and in respect of which ha drew in advanch, külit up 11 it was on a very complicated, bat neva theless accurate, set of antries in the books, bat demolished directly the accoUDUN Ware CITO- fally scrutinised i Lit these things and many amilier ones lead me to reject his story entirely mira especially those parts of it which relay odd, being amount due to the Yik Lung Wo $150 and to the Lost Blog so called loans $1,500. The platoiiff's case is therafore proved. Kee bank for money leat and in connection with regard to the release, I disbelieve the with which a gazoithee order was issued. Me story bf its execution. It is too fall of contra M. W. Slade, KC, instructed by Mr. dictiors, and it is not proved to my antisfaction Hair, of Messrs. Braton and Hett, appeared for the plaintif and Mr. Eldon Putter, instructed by Mr. O, H. Beavis, of Messrs. Wilkinson and Grist, was for the defendant, Baragalla

Reading from bis written, Judgment, kis Lordship said

of the

Moran, do give ball in the sum We understand that the Felfin was dis. the 'satisfaction of the Registrar mantled to her mass deck by the Squidron's pearraco, at ray time, when offices and meo, before being handed over to while the scilon brought against the Mitsu Bishi Company for salvage. All bedast by Sun Ming Shan, comprad armot was taken off the vessel, two of the Tai O boarding house, to

altch guns being brought here lashed to the of 51463 for mosies advace deck of the infant. The Chian Steam ing and until the execution of Navigation Company'a str. Yunnan received the that may be given against the greater pain of the Siting, ale ve vod, and that action and that in default of his so doing will take them to Hongkong. She arrived here the defendant be sent to prison until the das

the faterests of the Colony, lo opened his Bank basing been seized he finds certais én. | opinion that it is in all respects accurate Yesterday and will take gūžs and other material cision of that action, or, if judgment is given,

from the cruiserü hero, Des

against him, until the execution of the | idg. meat or util further cedar of the Court on the cound that the lossed Jud, a bid no

Septembar 3-The officers and man of the Justice, Sir Francis. Piggott, British cruiser Min far, which arrived he on Hisstand, Acting Pulené the Shipping Bill in the Legislativo Council

Koi and Meneses, Inasmuch as they were care la which Mr. M. W continously employed at the work of thiving the by where a great deal of difference of epision

gons and filings of the Buford from practically Looker and Descon, more

Mr. W. E. Li Shenton appears to be showo as between the official

the day the accident happened, Augasi si tatil order of Mr. Junica Hash! and the non-official sides. The Singapore

Wednesday, the gist, when they, left for this aard Auqunt lasi varying te Free Press describes the ordinanes as an

that Li Ling Shi had authority to givels: Thereport, the vessel's departure from the score of ed Judge, mide of the 19th. * Instrument of war," and as a matter of fact

remains the gasstion of the Statute of Limita- the wreck baing somewhat accelerated by the tin was ordered that Thaman the description does not fall very short of

tions and the first thing is, that in spite threatened approach of bad weather, a of the "defendant's denial," for the persons the mark. The champion of the measure in

gives above I am of opinion that the Sio on the mainis the Hon. C. W. Darbishire, whose

which the question turns was in fact pald in knowledge of things shipping is recognised by

The plaintiff having been allowed to put in respect of the $jo item under which it appears, all, and this is what he says inter alia the books of the Yik Loong now contends that agree with the defendant in one thing only, "The Hou. Member, who introduced the they prove his cast. A great deal was said in that it appears to be ridiculous that with this motion (Dr, Galloway) in my opinion put criticism of the plaici.'s case, that it depend large running sccount be should have repaid forward no evidence, at all, except hearsayed on banks only It could not wall be other so modest an amount as Sic. But against this evidence, in cupport of his contention that wise. He is in official charge of the La His must be set the fact that he himself has shown Shipping Conferences had been injurious to Bankruptcy he has obtained judgment against that the account in the Temporary Loan Book the Yik Loong Bank: and the books of this is qed account accurate. I have expressed the isles which seem, to him to warrant action Therefore I do sot accept bis denial that be against Il Tsa Cale. What elie was he to do? never fad this mum. Fiber it follows from Granted that he instituted sufficient Inquiries, his debial that he did not appropriate it to any he was bound to put the cats forward for the specific liem. It is, however, clear that the him Court in adjudicate upon. It has been cou did appropriate it to the pail repayment of the tended that the books, must show conclusively $30 advanced in the matter of some sing. It that the debt is owned. To a certain extent is also fairly clear that there was only one pay

of our export trade.. Of the inconsistencies, must show that the defendant owes the money tims in the 19 1 book, and is sat under, in the Fected to the ordinary tesis of book-keeping into one or two books. I appears for the first narrow-mindedness, and absolute lack of any This does not prevent the defendant contesting. usual Chinese fashion, a specific tiem: the Sgo evidence of commercial understanding in this the items, or explaining them to mean some- which is a loan in 1896, I think, however, that paper it is unnecessary for me to tell, but thing which they do not appear to meno. Now, this appropriation was what its defendant in allusion I must take to thestatement in which not only do the backs satisfy the broad test tended, for there in noother Item in the rcc unt Mr. Stuart attempted to show that the nett that they are well kept, and that the entries are-Tis. 55400, dated 25,8 1903, marked "settled." loss of Singapore export trade in to years accurate, but the mere they were examined the The question then is whether on these facts since the Conference began was 5.746,000 more they stood the tests so far as their ac- the Statute of Limitations applies. The date piculs. I wonder if the hon. member who curacy is concerned, and I am satisfied that if of the garnishce order, that is, when these pro- the case had been heard arparts judgment ceedings were commenced, Is^28th. Augus', brought this paper forward as proof of the ur could have been given for the plaintiff, Tas 19:6. If the statute applice it will cat out the geat need of legislation to relieve our throttled onus then shifts on to the defendant. Now the first 20 items of the account is the Temporary trade ever look the trouble to add up the main defence, which the defendant raised was Loan Book. It is curious that po case is given totals of the two periods anté and post-purely supposititious; by which i mean that he

in this books in which this simple qudalizm bas Conference. If he had done so he would relied on the plaintiff not being able to prove been decided. Part payment, of a lump debt have found that in every item except pepper his care on the books. He merely challenged takes the whole pot of the Statute, because the the accuracy of the books and hoped to win

speech with a more or less accurate account of the seasons for the formation of the Con ference and for the necessity of the active corperation of some of the merchants here. He then referred to the report of the Sub rooz which was based upon and contained

Committee of the Chamber of Commerce in

Kong

About one hundred officers and rep of the Ledford will embark on the Empress of fedis to day for passage to Hongkongs

The court minh: 1 of Captain Fitzhar ert and other responsible officers of the Redford f the leas of the cruiser will probably take place

court bar of senior officers on this setion to form a

Jurisdiction to vary the order. Mr Bidon Pollucted by Mr. P. M. Hodgson, of Mesnis. Ewens and Harston/represented Mr. Moran. It will be remembered that an elev pore: jid, ment was delivered in favour of the

| glaringly misleading record of the progress this is trus; that is to say, the books' being sub-ment of 510, and that it was carried forward in England, there not being a sufficiaal num defendant when the matter was orginally

to a running account where the accounts are the raining account is merged into the agreed

sam; then it foilóws that without, noch agrea. ment the zonning account remains a series of

|

The Japanese cuiser Adgumi arrival bere yesterday afternoon from Quelpart, where she has been assisting in the salvage operations, with a lighter in tow,

The British cruiter Atonmonik also arrived here with a lighter in tow.

Nagasaki, 6th September. fred Wission directed that the personal (flects When the accident occur:ed, Admiral Sir Al-

of the officers and men should fast be taken out of the Bedford, a proceeding that occrpied Practically the whole of that day. Being maar he and of the versi commissier, the men

"brought some days ago before the Court bat. the Chief Justice considered the matter of such great importance that he decided to del vor in addition to bis summary deci 120 a written jad, ment, which was duly delivered this morce ing.

In the consol bird:cision, his Lordship sald that the application in that case walked questions. of the greatest importance inconnection withthe arrest and attachment of what were called''aba-

to state the position more accurately, at conding deferdants" beloza judgment, or,

the moment of fostituting an action or

at any time bereafter. It was a barbarons. practice relic of the dim ages of faris« prudence and was only present in the

and gambier there were increases in ship on that; and if I had avi been satisfied that the part payment is held to be an acknowledg. had collected,maty curios and other articles to Colony on account of an unfortunats" habit ments during the Conference regime, Mr. books were accurate, the defendant would bávement of the whole. This principla is applied take home ; these, with spara 'c'othing, equip among Chicese defendants" of taking the Stuart passed over guttą jelutong; oijcake, succeeded. His second line of defence was pineapples altogether with the remark that more specific: it consisted of statements made agreed at the...and of a year. This shows that stored belɔw the measdeck and it was impos. pending "agalust them. It was contrary to STOUT they were new business or shown in values by the defendant to cor.oborais: bis defence of only. Can you conceive of anything more | "Dever indebted," under which defence co. 5 in PINTS and SPLITS,

Thirdly, he raised, on the same mairia's a definite set-off Fourthly, he pleaded Statute of Limitations in so far as it was ap: release; and fifthly, to relied on the plicable. The first defence breaks down en-

ent, and is sime instances money, were sible to recover them, so that many of the min have suffe ed considerable less.

From the rod to gest olimo inclusive, the wreck daily. All the gans were taken out of the vainal, the upper mans were

and deck gear-was taken from the ship and unshipped, and everything remivable-ih. cluding wireless" apparatur, searchlights,

ridiculous or unreasonable?:...Our exports of bia vations explanations of the differant items independent debts, and therefore the payment / large working parties were sent on board cedure, & d, ler, unlese" "he 'put up security

pines alone in the post-Conference period exceeded the ante-Conference period on bis

of one item does not amanat to an acknow. ledgment of the others. These items must The plaintiff must therefore bave ] dgment for therefore be strack out of the plaintiff's claim.

the remainder of the claim, with costs. In

own showing by so million dollars and the A. S. WATSON & CO., reduction is pepper and gambier produc

tion is no doubt due to the withdrawal of f tirely. He has no broks of accoun of h sows, view of the allitude which the defendant has transferred to the other British cruisers or to LIMITED,

capital and labour from their development no private papers, no memórenda, nothing taken up throughout, 1 do not propose to allow / lighters, This cotälled much hard work, as

ALEXANDRA BUILDINGS.

Hongkong, 7th July, 1910

NOTICE.

for transfer to place. The true facts of the Case are, if, instead of juggling with figures and shuffling with lustres, the totale of the two periods are compared, that there is an increase in the second over the first ten years

some of the articles ramovad ware very heavy,

him such small costs as he might have been and was exclusivaly performet by the British satitled to in caspect of that part of the claimants. The Commander-in-Chief waste

on which he has b en succenfol..

* Mr. Stade applied for intens in respect of pleased with the men's work that he ordered the main brace to bas spliced" dally during those portions of the claim on which the plain the optraisas. Doubtlets the men who took

tiff saccended.

7

Dight-boat to Canton when litigati was

elementary jurisprudence to levy execution against a defendant" before the CARO: WAI board, which was practically what that pro sufficient to answer the judgment that might be given against him, he must go to prison tili

of an unscrupuleus, plaintiff, who sulght bring edit. Therefore, anyone in the Colony, high or icw, irrespective of position, was at the mercy...,

ao'action for any amount he cheat, and if the unfortunate defendent happened to be leaving

wou'd have to and security or so to prison, the Colony even on a pleatura trip to Japin he

alibon, b the amount of the claim might baridi. culous, Therichman, it was troe, might beable to and security, but if the argumentof strictcen sirubin was to prevail, that would sut pre

bailiff to show cante before the fudge, Toni case had revealed that the rule contaiord

the Colony, making a temporary, sifjura ba fatest terrors for others than thran who tesländ

m'the Colony," "A stranger passing through.

tween two steamers, was not only liable to apend some of it in jail, but might have. hisney pispin.d and his temporary

All communications intended for pallestion in of 6,500,000, picals and over and above that ties and vague criticisms as sufficitat coupit Mr. Potter-This is only a temporary loin. up their fation of tun ware pleased with the vent his being basted through the streets by ♣

The HONGKONG TELEGRAPH" should be should be accompanied by the Writer's Mams and

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ВІКТН

On September 5, 1910, at Shanghai, to the wife of Wilbur T. Gracey, Aerican Consul,

son (Wilbur Yale).

which an ordinary careful man de-ling with prally large suns of money would naturally be expected to produce. I know Cblouse valý dfito' frust to thei.,memory; but then they must take the consequsness when they come into Court, and it is impossible to accept vague generați- there are twenty million dollars worth of the conclusions derived from a set of well-kept pines." In one way it is a pity that Mr. books Moreover the plaint fl himself supervised Darbisbite is not stationed in Hongkong the books fren: 1896 to 1900, in his father's in. where he would find a forman worthy of bis terest and in his own interest. And fürther steel in Mr. Murray Stewart who is a fighter every word practically of what he said in sup from the word "go." However, we like to report of his second and more specific defence, produce Mr Darbishite's utterances even from tended to show that the books werd in fact

accurate. Especially is this the case with faraway Singapore, for they are the utter gard to the Temporary Loan Book account': ances of a fearless man who is utterly ba ków he bistry of every item except one regardless of public opinion and sayeth that or two; which shows that it was an accurate account: mireover, he can hardly be mid lo hava praved li to be inaccurate in the fact that it was charged against him, for in tha; ciso of every item he seems to bays been concorsed ather directly or indirectly with it: other, The German Mail of the 10th August was according to his owa versión, getting the delivered in London-on Tilb-inst

which is in him.

··· LOCAL AND GENERAL,

LIKUT. G. r; Sheddeo, a o à., has been spoint ed for duty with the Legation Guard at Pekies

The Japanese cruiser Sums left Hoogkoog for Swatoe this afternoon, where she will make a stay of, four or five days before pro ceeding to Formosa.

CHAN KAU, of cargo boat No. 418, wat charged at the Marine Court to-day for ust having a money to pay for a licence. He was fined $5,

The Hongkong Gelegraph liceren. Defendan: stated that he had no

*HONGKONG, MONDAY, SEPTEMBER 17, 1910.

OUR PREE FORI.

Whilst statesmen at Home are worrying over Free Trade as opposed to Tariff Reform we in Hongkong have had the problem solved

|

money for his mother, or, en bis father's in stsuptions for someone else. It was somewhat remarkable that his memory served him so well in some cases. He remembers many small details, la spile of the "long time ago! to which he so frequently appealed when ko was cross-examined. Hie koew for exim, ie that the Taols 2,520 item was for money advanced to Ng Sai Sun of the Tang Hing for the post played bim Izmentable tricks when he was of wood for bersing bricks.. Bát his meme y pressed for faller information t be confused the the fatmes: paid on a mortgage on 1.L. 905. in erest paid on the mangags on M.L. 57 with

to the morgige, and ika piyments ip'quel" dates became degligible quantition in regard low. And when he came to the precisiemb of his set-off the precision of his statome de a chief melted into nothing in cross-examination in the case of the item 5,500, he so misunder sood the books tha: he claimed three times for the same deposit l'om which had in fact beepaid.in respect of unpaid rents $130, ha had overlooked the enttian showing they had

|

THE Chinese Engineering and Mining Com paty announces that the total output of the Company's three mines for the week ending sales during the same period to 15,261.84 tons, August ay amounted to 21,016.56 1091.ind the

THE Lisbon semi-official organ Divio di for us. The powers existing have laid it Act clar rep ris that the Marconi Wireless down in law that Hongkong which almost Telegraph Company has made an offer to the from the days of Marco Polo bas been a free Portuguese Govèrament to establish, telei baen paid; in respect of the item for aspaldi port shall no longer remalu no. In reithic stations to all the colories of Ponugel spect of its new legislation Hongkong has on basy terms of payment.

book.

Mr. Slide- It's not a temporary loan-book, His Lordship disallowed Mr. Potter's, ob jeclios...

1

-extra iesun and those who did not ware glad to

havs the Admiral's commendation. On the ab'e min to be sent on board the wreck during 18th a general order was issued for every avail. Mr. Potter~¡ ask for a stay of execution for the three next days, as it was jotended to trans far the salvage operations to the Mitsu Bịthl a fartoight panding sppeal.

Company on the evening of the gist and the His Lordship granted the application of the Admiral wished to strip the Bedford as barn at asual termu

•

PICIONIA RECREATION CLUB.

-ÁNNUAL AQUATIC SPORTS.

The V.RO will be Balling their annual Aquatic Sports on Thursday, Friday and Saturday, 2200, 23rd, and 24ta inst. The pro- gramme of events is an attractive one and draw q site a large number of entries; The en- tries close on Saturday, the 17th inst

The events are 1'--

ponsible before tursing her over to the japantiere undely prolonged (Laughter), and We understand that the men worked with stch this was not to lim't, for the plaintif need". w.litḥattbesilvage compiny will beable toate not, as the ile had been corstered, reside in the. Ex 1567 ; hunced not even take the trouble, Ivory Hale cut of the the wreck without the dis .oʻpampi.and sp:cial silvago gear. It may be

as the plaintiff in that case appears to have mentioned here that no machinery was avail. do e, of following the defendant to the Colony, able for the use of the British saamse in their Cabla instructions to a solicitor were all that salvags work, and everything was lifted out by was required. Fram that very slight skeich of matusi labour,

the capacity fat toiture which that procedura contained, it would surprise no one to hear that, being greatly shocked on bis arrival, he folled in bla altempt, would a person he tried to put it lamero civilisedah pe. Nor, Balog

Meanwhile, the cruiser dim and the other Tapicere Goveromunt vessely stood by and rondered what arpistavce they could by town 1-Half-milo, (Championship of the Gɔlighter, and Japanese divers made an exami. N of the wreck. As Auura-Hungarian warship 2-Tea Lengths. (Army, Navy and Polica)alsy visited the scene, but did n'it remain long to 'more realotab'e limits, consistently with

3-Fear Lengths, "andicap. 4-4igh D.va.

s-Two Lengths, Handicap.

ship of the Club).

6-Four Lepgths; xoo yards.. (Champion-

Team Rice, 2 Tougih,

8-Hurdis Race, & Lengths Handicap. g-Eight Ltogibs, 200 yards." the, Handicap, f

10-Boys Race (under 15 years) Two Lang.

1-Swimming in Paus.. 12-Throwing the Polo Bali,

Di.log for Cbjects. -Plusging, 15-Rousing Header,

16-Consolation. 17-Water Polo..

rest collected 51.732.37, I am sorry to by 1 THE death was announced on August 18 of

1.

On Wednesday the British cruiser left for Nagaiaki, an 1 are remaining here in order to give the men a rast after ten days' hem work

|

ed to haribat he had endeavoured to abour off some of ti excrescences and to whittle it down'

"legitima'e construction. It had be in žaidi hat he had assumed legislative powers and had not coLficed himte:( to his ja licial dation, Hedid dot agree with that view and he was not sorry.

A MATTER OF LOCUS STAND) 10 bave that opportunity of

COUNSEL ÞEPRETENIS CHINESE)

*

When the cup of Li Yu Mai, late compra dote of the a». Bujam Mars, whose extradition is demanded by the Government of China for miléged kidnapping to Chinese jurisdiction, wan called at the Suprams Court this mo.ning, the following interesting discussiin 'ensred

having

argued and naablishing the precader

cis on cf the Fall Court, WI:

imput

of quintion

that in nocas cobl iho amosat of the claim. För plaint is cl im was for S10,00), he con'd not apply for security in excess of that amoorti... it was possible that judgment a ight be given in bin favour for that am:pat but Coibe other hand the amount of the fad meat might out be the amount of the

M, Potter-Lappsar for the defen lant in whore nsar it. Tas question then inevitably support of the motižu to make the rule absolute, led to this-that the Court

the learned Astorzay-General represents the fed that security should

don't believe him to respect of the deposit Camille Bertrand, Agent-Geral of the Met-Cron but I'd pa yat know for whom my friends far as it could jade from the

Mr. blade appears.. I would be jateran's | 10 || fore it, have due regard of $1,000 in the 1st year I had at first come sagestes Maritim

know,

the defednaut and shoul

In London,"

Mr. Slade appear for the Chicase Gaven make an order before aah, It's in cold ct with a previous)idgment which could

brought upon itself the attention of Mr. Tils mas named.), McMills, who was some Lloyd George whose sympathies are not sime ago. convicted at the British Court for doubt whether he might not bright, but there Last oath a Chicago Archieci named Myft. those of the Oclony by any means. As a stow.ng away on the Í rooh mall steamer from are equal doubts as to whether he might act matter of fact, our Governor was acting in Hongkorg to Shanghai, and who was to have he wrong : there was a dapɔsli more, and he shot flew, with a paininger, from Paris 10

been sent to the Mental Ward of the Karsinghado's got itt sald is mother had got it but Tilmanstons near Dovari Home on yib lost, maniged to escape from the gave two various as to how she got letting Home Tutiday, alguy and has so far part of his set-off, and it is not proved The SI Arthur Nicelion, the any Permanast eluded the Police, who are on the lookout for whole of the set of therefore falls to the ground, Under-Secretary for Foreigh Adair, Wili begin The Calel Justice-1 köid a difiuile spinta tien to varied

detrimentally opposite direction as regards

the Home policy when he gave the stamp

of his approval to the Crdinance, that shat:

In order to ke

bim

fered gkong's position as a free porti

Now I am not doing through every item asap his new dintias on October 17 That His Excellency did right nobody can

*** "which"there has bega a discussion's it is not NRONPARA HOME deby. Sir Frederick Lugard in a patriot all Bronx the Chief Justice, Sir Francis Piggott possible to deal with a case of this sort excrp: CapaRs have been issued for the 765 Parjibis aythrough; § "It'źwas "up to him" to and Mr. Justice Hissland, Acting Prisne on every broad lines. One'dzes pot uraise a to move from. Tientsin, Nor'l Chias, to the ays and means in order to keep | Judge, sitting ni a foll Court this morning, the the "nettismant of these lines without paying fom, India, instead of to.Bawal Piod), as was

dfs within the limits the point was mentioned which was raised the | due regard to the details and incidents seitboy at first ordered.

and perhaps the best other day as to the question of undertaking for | paus bafore one, and some of thers accessarily

lead to appaal in the Mitchell Lamm; action | Ixfluzace them but the valeat polala fa the Tüm King has grante The Court held that the Privy Counch's rule | avid

orse to the defendant. Directly Bra po tbo mailer was precise and no answer could | bê;

Alcoholic

had already been

· Robin Edwa

of your Lvidship but the Chinesa Government, defendant. In concl is an interested puty and is entitled to be that the main point Baard by Counsel; “

a the matters pala na

ARTicceeding, his Lordship said ibai If the Tile The Polina Judge concur

tish Goverament wate liked by the Chinese

The addition to the Oinks Government or any other foreign Goyerament Wi to follow the ex radition, procedure là, rasp of any person, and if the fareizu Gover was a'londd to have a lockes

be found

Appellant and