1911-06-17 — Page 7

SUPREME COURT.

A Peculiar Agreement.

Defendant's Case.

The interesting hotel onse was continued on Wednesday in the Supreme Court, when, before the Ohiof Justice, Sir Francis Piggott, and a special jury, J. H. Oxberry sued Fred. Roichunn of the Grand Hotel for lauages for bronch of an agreement,

Sir 11. Berkeley, K.C., instruct- od by Mr. P. W. Goldring, was for the plaintiff and Mr. Eldon Potter instructed by Mr. Gardnor for the dofondant.

THE HONGKONG TELEGRAPH SATURDAY JUNE 17 1911

May I any you are the best runner in Hongkong?--Probably. for you?-Yos.

So that you would be a valuable sorvant to a man such as Mr. Reichmann?—I should not go to him in that position.

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

Do you mean to say that you did not meet the steamers?-I did moot them.

You were supposed to do a rubner's journeys 7-Yes.

And as runner you were sup- posed to do the duties of a runner?

Yes

Which mount that you met all! stomers that came in and tried to

This was a now modo of living Mr. Taylor, assistant in Messrs. McEwon, Frickel and Co. stated Wore you in the hotel during that he used to live at the Grand the morning of April 107-Yos. Hotol. He was thoro on Christ- How many drinks did you havo mas day, and saw Mr. Oxberry in | that morning?—About ono. the forenoon. He was sobor. How many in the afternoon On New Year's day he was in the Probably ono or two.

hotel in the forenoon and at

How many in the evening?-night, and he saw plaintiff on the Three I think, as far as I can re-latter occasion. He was sober on

mombor.

**

How many do you think that other peoplo stood you?-I don't know, probably five more.

You signed dlovou chits? Yes, entertaining chits.

You stood oloven times ?--Yes. Do you know that upon the ninth and tenth April your chits came, in all, to $20.507-Quito a very possible: I paid for it.

The plaintiff's claim was forgot passengers to come to the $10,380, damages suffered by botol ?Yos..

Would you not be plaintiff by reason of the defond-

That is $12.10 for the Sunday ant's breach of a contract of valuable employee to a man in Mr. employmentcnted tho8th August, Raichmann's position-astranger and $8.10 on Monty. You al,

1010.

According to the plaintiff the whole matter arose out of a disputo on April 8th whom he gave some -ordera with regard to some cur- tains. To thought no more about it till the following day when on. going to take his wife in to till, lio found hor in tears and in con-

While you wore with him? No, bolore..

that occasion.

"

Wo

a

GEOGRAPHICAL

OBSERVATIONS..

From Kashgar to Kowloon By Cecil Clementi, M.A., F. R. G.S., M.R.A.S., Assistant Colonial Secretary, Hongkong.

From

PUBLIC CLOCKS.

Shanghai's Example.

!

226

PETER THE PAINTER.

time and only contrived to reach Hongkong on the very day that my leave of absonco expired;

Recently we published tele

thought therefore, I could not pick and groms stating it choose favourable cack Peter the Paintor making observations, but had to Manila. This has proved to be take, though not always with a falso, and from the Manila frolio welcome," ""the thunder and Times" wo give the following the sunshine" as they came. This Thoro roached Manila Sunday Mr. Clementi is, above all else, accounts for my failure to obtain the Blue Funnel boat Protosilaus student, worthy and profound. observations at provincial capitals, bearing with her a stowaway who Mr. N. Moses, of W. O. Jack All with whom he comes in cou-such as Küsi-yang Fu and Kuoi-had hidden himself on board at and Co., brother-in-law of the act nro at once impressed within Fuand at several other import Singaporo. During the voyago plaintiff, said he was with him this side of the character of our nat points along my route.

he lot fall certain statements that on Christmus Eve. Thoy both Assistant Colonial Secretary. Nono

made Captain Campbell open wont to the boxing match at the other than a student, could or

his oyos. Thosostatoments seem- City Hall.

would have prepared and pincod

od to establish the identity of the Mr. Potter: Wo

before usatome of such description that Buy

man with Potor the Painter, and when the Protesilaus dropped an hind nothing to complain of up to as that which has just ap- Christmas Day. All they are poured from the press of Messrs.

chor at Mauila, the skippor lost doing now is" printing the lily" Noronha & Co. The observations

Tho Shanghai Tramway Com- no time in reporting his suspicions so far as I can soc.

cover a period from July 12, pany has now completed the into the British consulate whore Continuing witness said he 1907, to March 31st, 1905, my stallation of large clocks at the yard was at once established communication with Scotland. to llongkong-I should think so. low for the other days in the saw the plaintiff looking aftor of them taken under the most Plaintiff in to box said ho was I would be a valuable asset to month the highest of $4.407-the downstairs bar at the City trying circumstances, as a peru- following points:-Bubbling Well through the British foreign offico.

Hall,

sal of the following profatory notos Torminus, Corner of Carter Road The suspected Potor was halod once in the service of the defond-got the best runnor in Hongkong? Yes.

Why this great increase?-Pro- After tilin Mr. G. H. Wilson made by one of the most modest and Avonuo Rond, corner of bofore the immigration board of nut under an agreement. Ho-Yos

That being so, will you tell me bably the influx of shipping peo gave evidenco in support of the andretiring of men, clearly in-Chekiang Road and Nanking the customs and subjected to a wasapproached by Mr. Reichmann

plaintiff's case.

dicatos

Road, Palace Hotel, Bund Bridge, searching cross-examination, but in the Hongkong Hotel on the why Mr. Reichmann and two ple.

In reply to Sir Henry in re- Mr. R. D. Johnson, employed On the 12th July, 1907, Istarted Autor Houso, cornor of Range was released when he offered subject and after other nogotin-other witnesses have come up tions the agreement in question hero and deliberately perjured examination plaintiff said the in the Naval Yard, said he had from Andijan, the torminus of the Road and North Szechuan Road, proof that he was an American was entered into. This was on themselves; because that is what drinks he had that night wore been to the Grand Hotel every Russian railway in the province Rifle Range Terminus, Railway citizen, Van Gilbor by name, and

ny from January to the end of of Fermana, and crossing the Station Terminus, Lay Road Tor allowed to land, tored into in August lust and hoyou my cannot give any chiolly "shundies."

Mr. H. Haines, munagor of the April and he had never soor Mr. Panirs to Kashgar, travelled ininus, Yangtsze-poo Torminus. He said that ho was brakeinan ontorod upon his duties on Sept. reason at all,

You admit you would be a veryShamcen Hotel, then gave evid-xberry drunk. Io witnessed through Chinese Turkestan and Theso clocks are rogulated daily by occupation and that he had loft 1st. Ho considero that he and his wife performed their work valuable employee to Mr. Reich-enco. lo stated that he was the quarrel botween Mrs. Ox- the provinces of Kan-su, Shon-si, in accordance with the Custom the United States to make a tour well. He at all times was pro-man and yousay he has come hore formerly manngor of the Hong- borry and Mrs. Reichmann and Sau-ch'uan, Kuoi-chou, Ksang-hai House clook, and the Company's of the world. Arrived in Singa perly beinyod, was diligent and and committed the most deliberato kong Hotel for years, and during also saw the plaintiff and do and Kang-tung to Hongkong, employees have been instructed, poro, he determined to come to polite and attentive to the guests. perjur. Give me some reason. the whole of that time Mr. Oxborry fondant having an altercation in where I arrived on the 31st March, in running the cars, to take their Manila where he might secure 1908. The Russian authorities times from these clocks and to employment on a transport to He donio omphatically that he The only thing I can give you is was employed at the hotel. Ile the bar.

Mr. Pottor asked that the did not perimit me to commence disregard other clocks, the time of sarn his way back to the States. was intoxicated in the course of that I worked up the business to come into contact with him daily, his employmont, or that he had such a standard that he thought, was in a position to observe plaintiff should be recalled and survey in their territory, but which have been found froquent- The British consulate of the

his behaviour.

his lordship's consent boing given from Kushgar, which I reached only to disagree..

city after a long investigation of. over used abusive language to the be could do without me, '

Is that the only reason?—That Mr. Potter said ho must take a Mr. Oxborry wont into the box.

the 27th July,1907, onwards, I took Timepieces in Hongkong. defondant. Plaintiff also donied

the matter, culminating în cubled categorically the alleged instances and the quarrol between my wife forinal objection, that theovidence

Mr. Potter: Is your wife in meteorological observations daily There is a sad lack of time-inquiries to the London govern- was inadmissible, Tho law was the Colony?—Yes.

and astronomical observations pieces in Hongkong, and Shang- ment, accepted the decision of of drunkenness, formulated by and his. the defondant. -

Do you suggest he will do the clear upon the point, that such This concluded the case for the night by night, whenever tho hai's example is worthy of om- the customs board of special in- plaintiff and Sir Hoary Berkeley wonther was favourable. The ulation. Public clocks are a quiry, and gave up the attempt to running himself in futuro?-vidence could not be given.

Sir Henry: Let me got the procceded to address the jury, length of my route between Kash public benefit and their absence connect Van Gilber with the don't know but ho las done if bofore.

answor first. (To the witness); Counsol submitted that gar and Hongkong is approxim-in a city of the importance of Hounsditch loader, Did you ever see Mr. Oborry at the evidence which ho had ately 3,991.5 miles, and the num Victoria is to be deplored. Captain Campbell of the steamer any time under the influence of called would satisfy them that ber of stages, in which I covered Victoria's only public clock is Protesilaus, whoso suspicions liquor?-Nd.

the plaintiff was not guilty of the this distance was 198.

not to be relied upon. Olten were responsible for the investi Sir Henry said the evidence charges brought against him by observations, takon during the have we heard its chimes, reach- Do you mean to say that Mr. was quite relevant. Here was a the defendant. Ho, Counsel, had journey, I have calculated the ing the ear in many cases, after sequence of what she told him he teieluma and other witnesses case in which there was alleged, called witnesses in support of his latitude of 141 places, the longi- other clocks have passed the hour sought an interview with the livecome horo and perjured thom- the one part intoxication, case who were absolutely inde- tudo of 139 places, and the height by five minutes.

on the other hand the pendent. Counsol further pro-above sea-level of 185 places... So In the industrial contres of the stowaway on board who must have defondant. Witness asked him selves because Mr. Reichinonnand what was the meaning of Mrs. thinks he can do the work him-large was absolutely denied. ceeded to argue that witnesses far as I am aware, only eleven of North of England the public shipped while we were taking on Reichmann insulting his wife, self, and because of the quarrel Then the question camo as to called for the defence had boon those localities had previously clock is demanded and a system cargo at Singapore. Almost im- Defendant becanic angry and between his wife and your wito? which witnesses the jury would interested or biassed in the case. been determined in latitude, lus boon established in many mediately the first and second believe, and he was entitled to These witnesses had been called ovon in longitude, and 68 in places that at 10 o'clock every mates asked me if there wasn't said he wanted plaintiff to under-Precisely. stand that Mrs. Oxborry was not Up to the 9th April you were give the evidence that Mr. Oxberry to help the defendant to get out height above sea-level; and I morning all are regulated by something about the man that

sconied strange to me, and sug”. to send insolent masanges to his both on very friendly terms? had always hoea of a sabor char- of the agreement, for if it were have, therefore, beon impelled by Greenwich time. wife. Plaintiff pointed out that Yes,

acter, and therefore it was un-uphold Mr. Reichmann would sense of duty towards future It is not equally important that gosted his great likenoss to the Mrs. Oxborry sont no insolont And in consequence of this is likely that he should suddenly have to pay a large sum of travellers to publish a summary of Victoria, described as "the prin- pictures of Petor the Painter which messages and that the order as to put and is belief that he could burst out and become the drank money. Ten thousand dollars, his the results of my work, together cipal European-Chineso financial had been published broadcast curtains originated from him.o the work, he broke the agreed he was said to have become.friend had said, but they, the jury, with the briefest possible note in contro for South East Asia," should throughout English soil after his assess the explanation of such matters se are have a number of clocks regulated escape from the authorities. When nont and conspired to get you out It was much more likely that the would be able to Defandant became more angry

witnosscs wore speaking untrnly amount for themselves. All they not self-evident from a porusal of on a system similar to that go board exactly like that in the pic- ho was found he was wearing a and plaintiff told him that he of the hotel ?--Yes. would expect him to koop Mrs. If Mr. Reichmann did that, he who charged him and that had to do was to satisfy them that the attached tables.

verning time in other places, Method of Observation-

tureofthe outlaw, but before reach. Reichuaannout of the management must live contemplated an action they were influenced by ulterior the allegations of drunkenness

were false. The question of find- I had no European companion,

ing Manila ho shaved it off, not of the hotel, and in future he being brought against him motives.

CANTON TREASURY. His Lordship: The evidenco is ing a motive was not difficult. nor any native surveyor, with mo

altering however his similarity to would expect his orders to be Well, there was the risk, hit pro-

Potor the Painter. More out of a irrelevant. It would be quite as There was a dispute between the during my journey. From Audi- oboyed by anybody in the hotel bably ho thought I would not. ho gave them to. Defondant In answer to Mr. Potter, wituosa relevant to bring evidence that two ladies. They had not gone ja to Osh I was quite alone. Bo-TE "TELBORAPA" CORRETONDENT]joke than anything else I joshed

into it because the court could | tween. Osh and Kashgar I had

Cantos, Juno 13..

the customs officorn, saying to knocked his hand on the counter said the story about him being Mr. Reichmann never told a lie.

Sir Henry: It is always a not permit him to go into detail with me two Khirghiz muleteers.

watch the man, as they might pull and anid "Won't you oboy my intoxicated at Chrismas time was

It is reported that sometime down the reward of £500 offered question for the jury weighing under rules of evidence. How At Kashgar I obtained the sor orders? Plaintiff said "Yes, and imagination.

the probabilities.

ever, suflicient evidence had been vicos of three Hunanese (a clerk, ago H.E. the Viceroy raised a for his capture by British authori yours only in the hotel." That

His Lordship, anid he agreed given to enable them to see and cook, and a general servant), loan of 600,000 you from the ties, I guess they must have was all that occurred.

with Mr. Potter (who quoted cases read between the lines. They who accompanied me as far as Bank of Formosa through the thought that there was something in it, as the immigration office wAR the and brought Royal on the 10th April, witnoas form ?-Perhaps ho had not been that the evidence was irrelevant, was a serious quarrel between the them and engaged in their steadproval of the Board of Finance. before a special board of inquiry

The next witness was Mr. A. two ladies, Mrs. Reichmann would a Kan-su mafoo and a Ssu-ch'uan- initiative. The arrangement was It is also imagination when Mr. Harper, who said he was living at not stand Mrs. Oxberry, Mrs, os cook, of whom the former left The Canton Treasury is now in a to investigate his caso." that Mr. Reichmann should look Reichmann says that towards the the King Edward Hotel, and was Oxberry had to go and she could me at Ch'ong-tu Fu, while the strained position, as the new

ARMED ROBBERY. after the bars in the Theatro end of January you brought a of independent moans. He saw not do so unless the plaintiff went latter with two Ssu-ch'uanose ma- sources of revenue introduced na Royal, while he (the plaintiff), steward from a P. & (), boat and the plaintiff at the booth at the too.

foos, engaged at Cheng-tu Fu, result of the suppression of gam-

LiYou and Lo Pun were charged should look after the hotel, as it introduced him?-Yes, it is ntaces, in which Mr. Oxborry was The case was proceeding when followed me the rest of the bling have not been collected.

Besides the upkeep of the local before Mr. J. R. Wood at the washis night on duty. Just before funny P. & O. boat which allows in charge. He also saw him at we went to press.

way to Hongkong. None of half-past seven defendant said he a steward to go off at 11 o'clock the Grand Hotel, and did not at

these men know anything of garrison and of the soldiers who Police Court on Thursday with was going to the theatre with his

survey work except what I have come from Kiangsi after the armed robbery on Stanley Road wife, and witness was to give an

taught them; but in the day-time outbreak, and the building of our the reservoir on the 18th they helped me with my plane the new Viceroy's Yamon is in May. Fan Man said that when cyo to both places. Witness did BO, and wont to the theatre three It was also imagination when

Most impressive is the onward table, and at night they held argent need of funds. It is re- walking along the road on the or four times. It was no part of Mr. Reichmann says that you said

march of the Commercial Union lamp to assist me in star-gazing. ported that the Viceroy has asked night in question Li Yau pro- his duty to sell liquor bahind the you had a bottle of champagne Mr. Potter: You are a personal Assurance Company, which great it was my practica to take observa-Lo Board of Finance for permis duced a dagger which ho pointed bars. They had bar boys, and all that morning ?-Yes, it is a queer friend of his, aren't you? Well, establislunent entered upon its tions for latitude and for time sion to raiso a further loan of at him. The second defondant 18 in company of the first de- ho had to do was to generally P. & 0.steamer where you can purchased his discharge from fiftieth year in a position of com-overy avoning at sunset. If, 3,000,000 yon from the same

fendant, who seized witness by superviso. Witness denied the got a bottle of champagne.

the hand. the army, if that is being a per-manding magnitude and amid however, the sky was overcast at statement that ho took the bar Witness admitted being ad-sonal friend.

circumstances of romarkable pro- that hour, my sorvants sat up by takings from the boy, or that he was intoxicated.

Referring to the incident of the

And he found he could not do it proporly?—I don't know..

•

Mr. Potter: Can you give any reason for this artistic piece of perjury, which Mr. Reichmann

said he did the affair on his own told to dismiss me by his wife.

do was to disprove the specific

in the morning. A sioward does any time see him under the in- not get off at that time in the morning except on business.

·

fluence of drink,

In answer to Mr. Potter, wit- news said he had known Mr. Oxberry since 1897.

THE COMMERCIAL

UNION.

Between

bank.

OPIUM MONOPOLY.

In 'Canton.

gation into Van Gilber's arrival, made the following statement.

"When a day out from Singa- poro the first mate discovered a

The coccal defendant, Lo Pan, pruiluced a long knife and point- ed it at his (witness's) companion.. Ti Yau by this threat succeeded in

vised by Mr. Crow not to go into You come from Tientsin?sperity. The ceaseless energies turna throughout the night, with the dining room on the 14th Feb-No, I come from Shanglini.

of the management are not con-orders to call me directly any

visible. Have you been in Tientsin?-contrated in a single direction, for stars were ruary, but said it was because ho was not in ovoning dress. He had Yos.

the undertaking is to the front in Kashgar and Loa-yang Hsion the (TER "TELEGRAPH CORRESPONDENT.Obtaining 75 cents from witness, been to the races, and got back

all departments of its operations, weather was on the whole excel- which are on a huge scale and lent, and at three points only I

I

Canton, June 13.

whilst his friend gave Lo Pan over eight dollars. Both dofond- ants then ran away,

Li Yau denied robbery saying they were seated on the road and added they were chased by other

Chinamen..

,

DES VEUX ROAD.

Often layo we made reference

Sir Henry Berkeley: You deny having either money or your load in your hands?--Yes, I do.

lind you any trouble there? Not at all, Witness stated that he was late. employed at the Hongkong| Mr. Crew and yourself were on

What nume did you enter in of ever-increasing importance. In obtained no astronomical observa- As already reported in your Hotel for over

twelve years, friendly terms? No, we had not the register of the hotel when you life assurance the Company now tions. After that the weather columns, the Canton Opium Mono- and during the whole of the spoken to each other for a month, arrived ?-Grant.

succosefully administers funds of was very far from favourable, Why ?-For time no charge of intoxication had until a few days before thunt.

reasons that 12 1-2 millions, its marine branch and at 50 places observation was poly was abolished as soon as the Anglo-Chinese Opium treaty had been made against him.

Did you take orders for suppors have for myself.

has acquired fame for its extra-impossible. Mr. Potter submitted that the that night? I had orders from Sir Henry-You had your own ordinarily profitable results, in

As regards allowance to be been signed. It is now reported ovidence was not admissible. No three people for sandwiches. reasons for registering as Grant? fire insurance the second place is made for personal error, it should that H.E. the Viceroy intends to man could give evidence as to his Had they champagne ?-Not-I had my own reasons.

occupied in regard to premium in- be noted that I had to use my establish a prepared opium mono- Mr. R.H. Stephanson, lossee and general character. All he could that I am aware of,

Mr. Potter then questioned wit-manager of the Bijou Sconio Thoa-come, and in the accident depart-thoodolite and a split-second stop poly in Canton with the object of

ment an actual supremacy in this watch simultaneously, as well as taxing prepared opium. charges. The directors at the ness at some length on the number tro, stated bohad been in the Grand respect has now been nobioved. to jot down myself the times and His Excellency has instructed to the bad condition of Des Vœux of drinks he had on April 10th. Hotel soveral times, and had never Thero is now from all sourcea a angles obtained; and that to ob- the Anti-Opium Bureau to consi- Road, and once again we fool wo His Lordship: Did they grum- You were not in the habit of soon the plaintiff the worse for total premium incomo exceeding serve the sun, when the thor-der the best methods of running mustcall attention to its condition. ble about the tiflin? (laughter.) sitting in the loungo of the Hong-liquor. He saw Mr. Oxberry on 6 1-2 millions per annum, and mometer is 100.4deg. F. in the the farm, and has also instructed It is bad. Recently the road, on

kong Ifotol ?-No.

the opening night of Bandmann's this immense sum can only be the shade, and the stars, when it the Thotai of the Promotion of the foundation of the tramway Baid he was claiming from Mr. This was the first occasion that and he was then sober.

limit for the moment. The stands at 10.0deg, F. and the Industries to find out if there are lines; has been under repair. Why Ileichmann the benefits he would you had been olevated to the posiMr. R. E. Kedward, a ship's Post Magazine and Insurance wind blows icily, is an ordoal by any merchants well versed in the not have extended operations and have got under the agreement. tion of manager in which you were draughtsman at the Taikoo Docke, Monitor,

fire and frost. My fingers were running of the opiam farm in or remedy the dangerous holos. ofton so cold that they could not der to got their opinion and ad-which abound in the road. Near entitled to sit in the lounge smok-who had lived at the Grand Hotel,

the new Post Office. the road lins ing a cigar-Any one is per- said he was there in the New Yoar The bearers of the Regalia at turn the screws of the theodolite vice in this matter.

1911. Ho saw the plaintiff every the Coronation will include Lord and I had to warm myself has It is reported that the proposed been attended to, but surely the While you were at the Hong day. Ho had never moon Mr. Or Roberts and Lord Kitchener, who tily at a fire between each "ince form will be run on the same whole of Des Vooux Road, im- kong Hotel did you not do that? berry drunk on any occasion dur will be the bearers of the second right" and "face left roading, system as the one existing in portant as it is ought to receffe

The attention of the authoriti king his way.

and third swords, respectively. Moresrer, I was travelling against i Hongkong,

hotel were striot masters.

In suswor to Sir Henry, witness

a

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

And I may take it that you are ane of the best runners in Hong kong 7--I suppose so,

mitted to do thint.