1911-06-14 — Page 5

SUPREME COURT.

A Peculiar Agreement-

34

Defendant's. Caso The interesting hotel case was continued this morning in the Supremo Court, when, before the Chief Justico, Sir Francis Piggott, and a special jury, J. li. Oxborry suod Fred. Reichmann of the Grand Hotel for damages for bronch of an agreement.

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THE HONGKONG TELEGraph WEDNESDAY JUNE 14 1911

This was a now mode of living

May I say you are the best runnor in Hongkong ?-Probably. [for you ?—Yea!

So that you would be a valuable sorvant to n nn such as "Mr. Reidtman?—I should not go to liim in that position.

Did you not go to him as a rubnor?--No, as manager.

Do you monn to say that you did not mucot the nonmors?--I did most them.

You wero supposed to do a runner's journeys ?--You.

**

Mr. Taylor, assistant in Messrs. PETER THE PAINTER. McEwen, Frickel and C). stated

Recently we published tole- Wore you in the hotel during that he used to live at the Grand the morning of April 10P-Yes. Hotel. He was there of Christ- grams stating it was thought.

Poter the Painter". How many drinks did you havo mas day, and saw Mr. Okberry in Manila. This has proved to be was in |that morning?—About one. the foronoon. He wai sobor.

How many in the afternoon?-On Now Year's day he was in the falso, and from tho "Manila Probably one or two.

liotel in the forenoon and at Times" we give the following:

Thoro reached Manila Sunday How many in the evening? night, and he saw plaintiff on the the Blue Fanuel boat Protesilas Thron I think; as far as I can relatier occasion. Ho wassobor on mombor.

that occasion.

boaring with horn stowaway who Mr. N. Moses, of W.. Jack had hidden himself on board at and Co., brother-in-law of the Singapore. During the voyago plaintiff, said ho was wel him he let fall certain statements that made Captain Campbell open on Christmas Eve. They both wont to the boxing match at the ed to establish the identity of the his oyos. Thesostatoments seem- City Hall.

Mr. Potter: We say that woman with Potor the Painter, and when the Protesilmus dropped ar had nothing to complain of up to

ehor at Manila, the skipper lost Christmas Day. All they are

no time in reporting his suspicious doing now is “ painting the By

to the British consulate whore. flint is $12.10 for the Sunday so far as I can see.

communication with Scotland

How many do you think that other people stood you ?--I don't Sir II. Berkoloy, K.C., instruct- And as ruuner you were sup-know, probably fivo more. od by Mr. P. W. Goldring, was posed to do the duties of a runner? You signed olovou ohite?-Yos, for the plaintiff and Mr. Eldon-Yes.

entertaining chits....

You stood eleven times?-Yes. Polter instrusted by Mr. Gardner

Do you know that upon thỏ for the defondant.

ninth and tenth April your chits cue, in all, to $20,507-Quits possible: I paid for it.

Which meant that you mot all Stommars that came in and tried to The plaintiff's claim was for get passengers to come to the $10,300, damages suffered by hotel?-YoH.

Would you not bo plaintif by renson of the dofont- ant's brouch of a contract of valuable employee to a mon in Me.

A

vory

|

employmentriated thúBil August, Reichmann's position-astranger And $8.40 on Monday. You al-Continuing witness said heard was at once established

1910.

to Ilmgkong should think so. low for the other days in the siw the plaintiff looking after

Why this grent inercaso?--Pro-

י,

Hull,

1

through the British foreign office.

The suspected Pater was haled, before the immigration board of sourching cross-examination, but the customs and subjected to was released when he offered proof that he was an American citizen, Van Gilber by name, and lea

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POLICE COURT.

To-Day

It would be a valiable asset to months the highest of $4.402- the downstairs bar at the City Plaintiff in the box said he wAR onco in the serviço of the dofond-got the best ruanor in Hongkong? Yes.

After tillin Mr. G. H. Wilson nut under an agreement. Ha-Yes

That being so, will you tell me bably the influx of shipping peo-gave evidence in support of the was approached by Me. Reichmann

plaintiff's case. in the Hongkong Hotel on the why Mr. Reiclimanu and two ple.

fa reply to Sir Henry in res subject and after other negotin other witnesses have come up.

Mr. R. D. Joluison, employed

Before Mr. J. R. Wood. tions the agreemont in question here and, deliberately purjured examination plaintiff said the in the Naval Yard, mid he had was enterod iuto. This was en-themselves; because that is what drinks he had that night wore been to the mad Hotel every

Very little business was dono day from Jamary to the ond of tered into in Angust last and hoyou say?—I cannot give any chiefly "slinilies."

He said that he was brukeman at the Court this morning. Mr. H. Haines, uanngor of the April and ho had never son Mr. entered upon his duties on Sept, reason at all.

Your admit you would be a very Shameen Hotel, then gave evid. Usberry drunk. He witnessed the United States to make a tour months' imprisonment and four by occupation and that he had left Ho Man was sentenced to two Ist... He considero that he and

lo sinted in he was the quarrel bolivéen Mrs. Ox- his wife performed their work valuable employes to Mr. Reich-ence. well. He at all times was pro-amand you say he hascome here formerly manager of the Hong-borry and Mrs. Reichman and of the world.. Arrived in Singa- hours stocks for stealing 16 lbs. porly belived, was diligent and and committed the most deliberate Roug Hotel for 9 years, and during also saw, the plaintiff and de-, he determined to come tof brass, the property of the Al- Manila where ho might secure miralty. The brass was taken polite and attentivo to the guests. Prjur z. Give me some reason the whole of that time Mr. Oxborry fondant having an altercation employment on a transport to from the Royal Naval Dockyard. Ile denied omphatically that he he only thing I can give you is was employed at the hotel. He the bar. was intoxicated in the course of that I worked up the business to came into contact with him daily, Mr. Potter asked that the his Lordship's consent being given he could do without mo.

Mr. Oxberry went into the box

Mr. Potter: Is your wife in the Colony ?--Yes.

This concluded the case for the plaintiff and Sir Henry Berkeley proccoded to address the jury.

1

his employment, or that he had such a standard that he thought and was in a. position to observe|plaintiff should be recalled and city after a long investigation of

over, nesd abusive language to the defondant. Plaintiff also donied Is that the only reason?—That categorically the alleged instances, and the quirrel between my wile of drunkenness, formulato y and his. the defendant.

his behaviour.

a

Mr. Potter said he must jako formal objection, that theeviddenco was inadmissible. The law was Do you suggest he will do the clear upon the point, that such, According to the plaintiff the ring himself in future?-1ovidence could not be given. wholematterarmseout-of-a-dispute don't know but he has dong it on April 8th whion ho give some orders with regard to some cur- While you wore with him?- tains. He thought no more about. No, belors.

And be found he could not do it till the following day when on going to take his wife in to tillin, it properly?—I don't know..

*

bofore.

ont and conspired to get you out! of the hotel ?—Yes,

If Mr. Reichman did that, he must have contemplated an action being brought against him? Woll, there was the risk, but pro- bably ho thought I would not.

In answer to Mr. Potter, witness said the story about in boing intoxicated at Chrismas time was imagination.

Mr. Potter: Can you give any reasons for this artistic piece of

Sir Henry: Let me got the answer first. (To the witness);

Counsel submitted that

boliovo, and he was entitled to These witnesses had been called

who charged him and that they were influenced by ulterior motives...

His Lordship: The evidenco is irrelevant. It would be quite as relevant to bring evidence that Mr. Reichmann never told a lie, Sir Henry: It is always a question for the jury weighing the probabilition.

168ess this

and

PETTY THEFTS.

barn his way back to the States, The British consulate of the the matter, culuinat.ng in en blod inquiries to the London gover ment, accepted the docision of the customs board of special in quiry, and gave up the attempt to shopkeeper, carrying on connect. Von Gilber with the

I guess they must have thought that there was something in it, as the immigration oflice was notified and the man was brought before a special board of inquiry to investigate his enso.” -

PPULAR

"ASAHI" BEER

taining 4 dozen quarta or 6 dozen pints. Hongkong, 7th April, 1811. —

thirst floor of a house in on Verux Noto our Price $12.00 per oase don

A schoolboy stole from the

|Road, a blanket valued 10 dollars.

business at Graham-st. lits in formed the police that a shop coolio, Pun San, had absconded with clothing valued five dollars.

;

VERY DRY.

DON'T FORGET.

Wednesday, 14th Juno. Victoria Cinematograph, 9.15 p.m.

Monday, 19th Juno, Organ Recital at St. John's Cathedral.

(34

FOR SINGAPORE, PENANG AND CALOUTTA. (Taking ongo on Througir Bills of Ladlog to Rangoon, Madras, and Mauritius.)

HE Stontuship

#

BREMEN,

LINIC.

NOTICE TO CONSIGNEES.

*HE Steamship

T

"YOROK," having arrived, Consignes of cargo nio

at their risk into the hazardous and/or extra hazardous Godowns of the Hong- kong and Kowloon Wharf and Godown Company, Limited, Kowloon, and West Point Godowas, whence delivery may be obtained.

Noletion will be admitted after the Goode liv left the Godowus, and all 20th of June, will be subject to rent. Koods remaining undelivered after the

Houneditoh-lynder.—

Captain Campbell of thostoamer Did you ever see Mr. Oxberry at the evidence which he had Protesilaus, whose suspicions any time under the influence of called would satisfy them that were responsible for the investi liquor?-No.

the plaintiff was not guilty of the gation into Van Gilber's arrival, Sr Henry said the evidence charges brought against him by ho found hor in tears and in con- Do you men to say that Mr. was quite relevant. Ilere was a the defendant. He, Counsel, had made the following statement.

"When a day out from Singa Pat was ill, and the doctor had sequence of what she told him he Roichuan and other witnesses case in which there was alleged, called witnesses in support of his

T sought an interview with the have come here and parjured them-on the one part intoxication, ease who were absolutely inde pore the first mate discovered a to be called in. On examining stowaway on board, who must have him the medical man commanded

LIGHTNING," defendant, Witness asked him solves bocanso Mr. Reichmann and on the other hand the pendent. Counsel further pro- shipped while we were taking on him to stay in bed. At the same Captain E. P. Smith, will be des what was the meaning of Mrs. thinks he can do the work him- charge was absolutely denied.ceeded to argue that witnesses Reichmann insulting his wife, self, and because of the quarrol Then the question camo as to called for the defence and bean cargo at Singapore. Almost im time he promised to send along a patched for the above ports on TUES-

mediately the first and second bottle of medicine, and instructed DAY, the 20th ist, at Nops. Dofondant became angry and between his wife and your wito? which witnesses the jury would interested or biassed in the case matos asked me it there wasn't Pat's wife to tako her husband's For Freight or Passage, apply to

DAVID SASSOON & Co., Ltd., suid he wanted plaintiff to under--Precisely. stand that Mrs. Osberry was not Up to the 9th April you were give the evidence that Mr. Oxberry to help the defendant to get out something about the man that temperature when retiring for the

Agonis seemed strange to mo, and sug-night, to send insolent messages to his bolli on very friendly terms? had always been of a suber char- of the agreement, for if it were gested his great likeness to the wife. Plaintiff pointed out that You,

Next day the doctor called again Hongkong. 14th Juno, 1911. (1162 neter, and therefore it was na-uphold Mr. Reichmann would pictures of Peter the Painter which and asked the good lady how her NORDDEUTSCHER LLOYD, And in consequence of this dis-likely that he should suddenly have to pay a large and been published broadcast husband was. Mrs. Oxborry 'sent no insolout messages and that the order as to pale and his belief that he could burst out and become the drunks on thousands, is throughout English full after his "Oh, shure, he's alroight," ans- IMPERIAL GERMAN MAIL curtains originated from him, do the work, be broke the agreo- and he was said to have become. friend land said, but thoy, the jury, escape from the authorities. When worod sho. Defendant became more angry

It was much more likely that the onld, be able to

ho was found he was wearing a "Alright! Did you take his tem witnesses woro speaking untruly amount for themselves. All they board exactly like that in the pic pornture?" and plaintiff told him that he

had to do was to satisfy them that would expect him to keep Mrs.

tureoftheoutlaw, but before reach- "Shurooi couldn't," said Brid- the allegations of drunkenness ing Manila he shaved it off, nnt get, "the thermometer wouldn't Reichmann out of themanageniont of the hotel, and in future he

wero false. The question of find-altering however his similarity to work, but of put the barometer on ing a mutive was not difficult. Potor the Painter. More out of him an' it sed 'Very dry,' so of given by informed that their Goods, with would expect his unless to be

There was a dispute between the joke than anything else I joshed Fata quart of good ale, an' ho's the exception of Opium, Treasure and oboyed by anybody in the hotel

two indies. Thoy had not gone the customs officers, saying to better an' gone to wurruk this Valnubles are being lauded and stored ho gave them to. Defondant knocked his hand on this counter

into it because the court could watch the man, as they might pull mornin."" not permit him to go into detail down the reward of £500 offered and said "Won't you obey my

under rules of evidence, low for his capture by British authori orders?" Plaintiff said "Yes, and

over, suflicient evidence had been ties. yours only in the hotel." That

Ilis Lordship said he agreed given to enable them to soo was all that occurred.

Referring to the incident of the perjury, which Mr. Reichman with Mr. Potter (who quoted ease read between the line. They erections of bars at the Theatre does not rely on in any shape or in support of his contention), and could see perfectly well that there Royal on the 10th April, witness form Perhaps he had not been that the evidence was irrelevant. was a serious quarrel between the The next witness was Mr. A two'ladios, Mrs. Reichmann would said he did the affair on his own told to dismiss me by his wife, initiativo. The arrangement was It is also imagination when Mr. Harper, who said he was living at not stand Mrs. Oxberry. Mrs that Mr. Reichmann should look Reichmann says that towards the the King Edward Hotel, and was Oxberry had to go and she could after the bus in the Thoatro end of January you brought a of independent means. He saw not do so unless the plaintiff went

A Board of Oflicers, composed Itoyal, while he (the plaintiff), steward from a P.& 0, boat and the plaintiff at the booth at the too. should look after the hotel, as it introdured him Yes, it is a Races, in which Mr. Oxberry was

as under, will assomble at 9 a.m. on the 19th June, 1911, at tho was his night on duty. Just before funny P. & O. boat which allows in charge. He also saw him at

Sanitarium Barracks, for the pur hulf-past seven defen laat said he steward to go off at 11 o'clock the Grand Hotel, and did not at was going to the theatre with his

any timo see him under the in-

pose of carrying out the quarterly fluence of drink.

test of Range-takers of the British wife, and witness was to give an

In answer to Mr. Polter, wit- eye to both place. Witness did

and Indian Infantry Units in this It was also imagination when news said he, had known Mr. Most impressive is the onward comunand, President: Major BO, and went to the theatre three or four times. It was no part of Mr. Itoichmann says that you said Oxberry since 1897.

nurch of the Commercial Union W. M. Withycombe, 1st K.O.Y.LI. his duty to sell liquor bahind the you had a bottle of champagne Mr. Potter: You are a personal | Assurance Company, which groat Member: A Captain, R.G.A. A. bars. They had bar boys, and all that morning ?-Yes, it is a queer friend of his, aren't you?-Woll, establislament entered upon its Subaltern, 1st K.O.Y.L.I.. 0.0. he had to do was to generally.&O. steamer where you can purchased his discharge from fiftieth year in a position of com- Units concerned will ensure that suporviso. Witness denied the get a bottle of clumpagne.

the army, if that is being a per-manding magnitude and amid their Range-takers are at the place Witness admitted being ad-sonal friend.

oircumstances of remarkable pro- of rendezvous at the time stated, statement that he took the bar takings from the boy, or that he vised by Mr. Crew not to go into.

You come from Tientsinsperity. The coaseless energies and will ronder Army Form B. the dining room on the 14th Fob-| No, I come from Shanghai, was intoxicated,

of the management are not coa-60 to the President prior to date: Sir Henry Berkeley: You denyruary, but said it was because he

Have you been in Tientsin ? contrated in single direction, for of examination. having either money or your heal was not in evening dress. He had Yes.

the undertaking is to the front in heen to the races, and get back Had in your hands?-Yos, I do.

trouble loro all departments of its operations, you any

Dr. Jonathan Wilson who is Witness stated that he was late.

Not at all.

which are ou a huge scale and employed at the Hongkong Mr. Crew and yourself were on What namo did you enter in of ever-increasing importance. In lying, in a critical condition at Hotel for over twelve years, friendly terms? No, we had not the register of the hotel when you life assurance the Company now Bangkok is over 82 years of age. and during the whole of the spoken to each other for a month, arrived -Grant.

successfully administers fands of He is suffering from cancer. Throo tim no charge of intoxication lind until a few days before that. Why?-For reasons that I 12 1-2 millions, its marine branch years ago, says the "Bangkok been made against him.

Did you take orders for suppers live for myself.

has acquired fame for its extra-Times," he wont to Canton to un- Mr. Potter submitted that the that night?-I had orders from

Sir Henry:You had your own ordinarily, profitable results, in dergoan operation for the removal ovidence was not admissible. No three people for sandwiches. reasons for registering an Grant? fire insurance the second place is of the cancer. The operation was man could givo evidence as to his Had they champagne ?-Not-1 lind my own roasanя. occupied in regard to premium in- successful, but it is probable that gonoral character. All he could that I am aware of.

Mr. R. H. Stephenson, lesseeand couno, and in the accident depart- tlie cancerous growth has begun do was to disprove the specific Mr. Potter then questioned wit-manager of the Bijou Sconio Thea- ment an actual supremacy in this again, and at such an age there is charges. The directors at the ness at some length on the number tre,stated he had been in the Grand respect has now been acbiovod.no hope of recovery. Dr. Wilson of drinks he had on April 10th Hotel several times, and had never Thore is now from all sources is a man of much vitality, and You were not in the habit of seen the plaintiff the worse for total pramiun income exceeding although his condition is so sori- sitting in the lounge of the Hong-liquor. He saw Mr. Oxberry on 0 1-2 millions per annum, and ous, he may linger some time yet. kong Hotel ?-No.

the opening night of Bandmann's this immenso sum can only be the Dr. Wilson has made his home at This was the first occasion that and lie was then sober.

limit for the moment." The Lakawn for some years.

hotel were strict masters.

This Lordship: Did they grum- blo about the tiffin? (laughter.)

In answer to Sir Henry, withoss said he was claiming from Mr. Raichinann the bonefits he would havo got under the agreeinent."

Mr. Potter: You have been a runner at the Hongkong Hotel for 12 years?—Yes...

And I may take it that you aro one of the best runners in Hong Kong ?—I suppose 40,

in the morning. A steward does not get off at that time in the morning oxcept on business.

The cuso was procooding when we went to press.

THE COMMERCIAL

UNION,

you had been elevated to the posi- Mr. R. E. Kedward, a ship's lost Magazine and Jusurance tion of manager in which you were draughtsman at the Taikoo Docks, Monitor." entitled to sit in the lounge smok-who had lived at the Grand Hotel,

mitted to do that.

ing a cigar?-Any one is pereaid he was there in the New Your The bearers of the Regalia at 1911. He saw the plaintiff every the Coronation will include Lord While you were at the Hong day. He had never soon Mr. Ox Roberts and Lord Kitchener, who kong Hotel did you not do that? berry drunk on any occasion dur-will be the bearers of the second

ing Lis stay

and third sworda, respectively.

ARMY ORDERS.

Dr. J. Wilson.

Coronation Celebrations.

In connection with the Coront- tion Celebrations the Commodore has given directions for II.M.S. Handy" to proceed to Taipo on Wednesday, 21st June, and for H.M.8.Taku" to proceed to Dumbelt Island on the same dale,

Salo of Crown Land, 3 p.m. Wodnesday, 21st June. Wedding Crapneli-Parker.

Thursday, 22nd June. Contest, Belle View Stadium.

Roy Konny V. Carlson boxing

Saturday, 24th Juus. Extraordinary, General Most-

All brukon, chafed, and damaged Goode are to be left in the Godowns, where they will be examined on the 20th of June, nt 9 30 .m.

All claims must reach us bofore the 24th of Juno, 1911, or they will not be recognized.

No Fire Insuranco will be officted. 'Bills of Lading will be countersigned

ing, National Bank of China, Ld: | by the undersigned. 12.30 p.m.

NORDDEUTSCHER LLOYD,

MELCHERS & CO.,

General Agenta,

Stanton V. Caphuni_fight, Victoria Skating Rink, 9.15 p.m.11 ongkong, 14th June, 1911.

200 YEARS

AGO

Martell's & Brandy was the best,. '

AND

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NOW

SOLE AGENTS-

H. PRICE & CO., LTD.,

12, Queen's Road Central,

Hongkong, 8th June 1911

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