1911-06-17 — Page 8

227

SUPREME COURT.

A Pecullar Agreement.

Plaintiff Wins

a

Wednesday afternoon at the Supreme Court before the Chief Justice, Sir Francis Piggott, and special jury composod of the following:-A.R.Lowo (foreman), G.J.B. Sayor, W.A. Dowloy, W.S Bailey, L.A. Ram, Wm. Logan und D.W. Craddock, the case was concluded in which Mr. J.I Oxberry suod Frødk. Reichmann, proprietor of the Grand Hotol; for $10,300 damages for breach of contract for employinent.

and man.

fontant, said that his friend had Mr. Potter, replying for the do- said to thpun mat it did not con- corn the jury what motive a man- may have in coming into the Court

should conte there and tell a tisse of lies then they would be free to boliove that he had not dono 50. Before they aucasod damages they had to believe that Mr. Reichmann, his father-in-law, Mr. Kelly and two Chinose witnesses had come up before them and concocted a story, and they would have to beliove that Mr. Reichmann had entered into the vilost conspiracy that a man could enter into According to his learned friend's case it was all false and that was

the only defence for the plaintiff

in the case.

THE HONGKONG TELEGRAPH SATURDAY JUNE 17 1911

(2) Is tho charge of insolence proved?

(3) Isthocharge of disobedieneo of ordors proved?

there was that some of it waally as on the construction of borne by the landlord. As to tho tlio covenant what she had done second, it was impossible to was not shown to be a breach of magnify what she did into "givit. Now na to the case what logal ing orders" to Mr. Loma, as all principals did it lay down, it bo- is suggestions wore submitted ing noted that the agroomont was to Mr. Uschmann, and also the personal to defondant.

If they found in the aflirmative for any or all of the questions then the defendant would be entitled to their verdict, but if estimates,

SERIOUS COLLISION IN YAUMATI BAY.

COMMERCIAL. troes taken over, 140,774, instond of 120,802, or 22,012 trees in Tin.

excos of the prospectus, figuros. Last wook closed at 103 cash, is about 1,010 acros, and instruo Theplanted area on the two Estates £189 108. three months. This tions have been given to plant up week closed at £190 108, cash, another 300 acres. There are an 189 G. three months. The ample number of line young A collision between two Chinese turnover for the weak was plants in the nurseries to moot forry tunts, plying between Hong-moderato, 3,175 tons.

The market assumed a “jog- last ndvicca 23,088 trees are now this requiremont. According to

FERRY BOAT SINKS

Many Lives Lost.

As to the third, it It bound hor and her only, I | they found against them, then was quite impossible to construe did not extend to anyone else, or the plaintiff would be entitled. what was evidently a conversa monke her answerable for the con-

Aftor asomewhat lengthy rotirotinual expression into the digni- ducts of anyone but herself. Any kong and Yaumati, the sorios- trol appearance till Thure being tapped, and 14,207 further

1

་

MOTION FOR AN INJUNCTION.

Judgment for Defendant.

a

A the Supromo Court on Thursday, flis Lordship the Chief Justice delivered judgment on the point raised in the recent case of F. Reichmann v. Mrs. Uschmann, in which the former sought for an injunction restraining the defend- ant'from carrying on or assisting in the business of the Station Hotel, Kowloon.

Hon. Mr. 11. E. Pollock, K., poured for Mrs. Uschmann. Mr. Elden Potter represented the plaintiff.

Judgment.

a

POLICE COURT.

•

Cause Nut Known.

Transference of Passengers.

in those columns, whenever the "bears' are too largely out of pro- !

9th May, 250 tons at 4101 108.

.i.f.

10th May. 275 tons ut £190 c.i.f. 11th May. Nil.

12th May, 200tons ut £191 15s. making a total small quantity of

¤.i.f.,

|

or.

mopt the jury roturno and inty of an admission, certainly not other person may carry on the

when tho controlling trees, over 15in, girtli will be tup answer to the usual question the in law-hardly oven in fact. As Station Hotel but she must not ness of which cannot at present day,

wore suddenly olee perl as soon as a sufficient number foreman said that they were not to the fourth, what Mrs. Usch-participate with him as principal. be accurately estimated, occurred parties

mann was doing was quito con- lis Lordship quoted the authority about quarter to ten on Thursday. trifled into fresh activity and of tappers can be trained. unanimous,

With regard to the first quesistont with her boing out assistant, of Smith vilanesek and came to As far as can be gathered the gaily supported the spot position, The estimated 'output for 1911 tion as to charges of intoxication and certainly not inconsistent the point so stranously argued by Waihung and the Waying hate those operations boing continued in 75,000 lb. rubber dry, and the jury by a amjerity of four to with what the wife of a man who Mr. Potter that there wore so collided, and the impact being of Judging by the pertinacity of op-

up to the close of the week. 160,000 coconuts. Sir II. Borkofey, K.C., instruct- three found then not proved. Towns 'a hotel would naturally do. | paragraphs in the judgment of ed by Mr. P. W. Goldring, of They wore unanimous in finding But thon the ovidence missed fire; A.L. Smith, LJ, which supported great force, the Waying, which is posing parties, the "bear" account THE GOLD PRODUction Messrs. Goldring, Barlow and that the chargos two and three of it led up to a certain point and his contention that the suspicious smaller and older than the Waie larger than most imagino, and

IN 1910.. as hus been so many times stated Morroll, represented the plaintiff, insolence and disobedience were war either inconclusive or also it circumstances wore sufficient to hung, sank. and Mr. Eldon Potter (instructed falso not proved.

enled with something which support his case. After dwelling

Unfortunately, the Govari- by Mr. J.II, Gardner), defended. Tho foreman of the jury said showed the husband to be the on what the defondant had dono

The Yaumati ferry bolts con portion to stocks, upward move-ients of the gold producing The contractor was paid in that caso, The report in our last issue The jury are unanimous in mak-owner.

duct a large business and ovory ments must result. This back-countries are so dilatory in pro-; endod with Sir Houry's address to|ing à suggestion as to damages, by Mr. Uschmann. Ile was dis

The Principal Point

one that enters and leaves Hong. wardation is already a serious curing information as to the out- the jury which he concluded by that six months' salary and allow missed, but they know nothing in which seemed to his Lordship asking for fair play between man ances at 350 dollars a month, about his successor."

so Ive been that the husband kong is invariably crowded with matior. For a more reliablo condi- making a total of 2,100 dollars bo

The Letters to Mr. Uschmann |ind drafted the wife's circulars, Passengers. Both the above-tion to oxist thoro should bo moro put of gold that even though we had sent montioned boats were well filled outlook centres on the general ro-1911 it is impossible to get the distant buying, but the immediate are now in the fifth month of making total chumages of 1,950 They were left in the dark as to them out to old customers of his with Chinoso passengers, in fact qu roments for the current month. full official figures for 1910. Con- allowed, loss one half for the wife, from Mr. Tomm word produced. and he, himself, dollars..

Mr. Uschmann'sfinancial position, own, Mr. Pottor's argument am the ostiasto is that there were Should these be quaily satisfied, cerning Russia and the countries His Lordship outered judgment and howas in fact the licensee: 1isounted to this: that in that case 100 persons on each bout, and it will be due to something of an which we lump together below accordingly, remarking: "I wish Lordship was really doubtful all the evidence of both parties averything appears to have gone unexpected nature left out of cur-as "other countries," the figuras to commit perjury. But in on-1 could agree with your verliet." whether he was justified in calling was before the Court, therefore on us before until Yaumati "Bayreut calculation, but which will for last year are not to be had, abling them to come to a decision Mr. Pottor: Will you allow it a case of suspicion, always sup-in this case all the evidence should was reached. Whether owing to perhaps defer the exacting period and consequently we have assumed as to whether a man was or was stay of furto days to allow posing that "assisting" or husbe before the Court, before the the pressure of traffic or to the until June, and failing June, then that the production for last year not coumitting porjury the intivo us to consider our prasition ? band was not a broach of her ense is disposed of.

obscured vision of the helmsmen, July will bo the month of dis was the same as for the procoding was of suprente importanes. 15 His Lordship consented. envonant. There was a great In that case the evidence was how the accident happened, one comfort, for since statistics must your. Thoother figures given in the there were no reasons why a inan

deal of suggestion that what had not before the Court and a moment cannot say, but when the bonts favour the "ball" party, the in- table below are official. It will be. heen done by Mr. Uschmann was had arrived at which, by the collided it was soon apparent that evitable "squeeze" must happen, bserved that the total for the 4 more cloak or sham, but it never gonoral accepted rules of pro- the Waying could not long keep unless, as already stated, there is whole world, on the assumption rosh higher than suspicion. On codure, defendant may may at the allout that the question arose whether, conclusion of plaintiff's case thot

enough forward buying to reduce just stated, amounts somewhat the heavy backwardation. ovor 23 1-4 millions storling, and the plaintiff had made out any there was no ease. He could not case which the dofondant ought not aside that procedure and for As quickly as possiblo a trans-

Thore is a rumour that about that considerably more than one- to be called on to meet, or if there the reasons given he thought the feronco of passengers occurred, 500 was of tin are being brought third of that total, 34.3 per cent., were a jury, whether there was plaintiff had not made out a case but despite the speed with which back from America. This may was raised in the Transvaal. The any case to go to the jury.

which entitled him to call on this was accomplished, it was not fill thespecifioncode of the owners production of Rhodosin somewhat Of course, if what Mrs. Usch-defendant to answer it.

possible to save every one. In of the parcel, but as a net trade excoods 2:1-2 millions, or 2.7 por mann had done was a breach Mr. Pollock moved for judg-great eagerness, as is usual in an operation, the principle is rathor cont of the world's production, of the covenant there was an ondent, with costs, on behalf of the accident, thealmost panic-stricken that of robbing Poter to pay and the production of West Afrion of the mattor. Tho direct evid-defendant.

ssongers set aside coolness, Paul "since a shortage in America slightly exceeds three-quarters of enco was that the hotel was Mr. Mr. Potter asked for a stay, so with the result that a number of at one particular moment; must million, or 0.8 por cent. Adding Uschunn's, therefore sho was that he could apply for leave to persons fell into the water and cause an increased demand lator, those two to the production of assisting him. The covenant was bring rectification proceedings. were drowned.

for notwithstanding the admitted the Tranevan! we got a total Ho, plaintiff, could not suggest

that she will not at any time This was agreed, and the stay

Number of Missing Unknown improvement in the tinplate trade, for Africa of considerably over

millions sterling, that the conduct complained of

horoafter either by horself or in was granted until 6th July.

Assistance was quickly forth America has handied this year 35 1-4 was not such as to justify dismis- flis Lortship, in the curso of his fennection with any other person

coming from launches, of which only 500 tons in excess of 1010. 37.8 por cont. of the world's sal, and if he brought a caso at all judgment, said that although hoor persons carry on the trade or

In the East, the following sales total. It may further be added there is always a large number in ho had to be prepared to deny felt renstuably clear as to the business of an innkeeper, publi-:

the harbour, and everything was were inde: 6th and 8th May, that the production of the Trans- vaal last year exceeded by over n overy allegation of misconduct judgment which he ought to give, can or restaurant kenpor within Severe Sentence and Reprimand done to save the lives of those who 200 tons at £101 7. 6. c.i.f. which had been brought against he deferred doing so on account the Colony of Hongkong." The

million sterling the production of Mr. Hazalund spared no words hnd the ill-fortune to be precipi-

the previous yone. In the case of him. They had to behove more of the importance of the points only difficulty his Lordship had this morning to show his ab- tated into the water. One man than that, that, Reichmann had su which Mr. Potter raised in his in construing the covenant was horrenceofthe crime of suntching, was so severely injured, that he

Rhodesia there is a slight falling off, and in the case of West Africa borned two Chinoso witnesses, and final argument. He still thought, whether it was possible to say

Addressing a Chinaman, who was taken to the Government Civil

thero is a falling off of about not only had his father-in-law and as he did at first, that the Station that a wife who assisted lior bus was charged with snatching a Hospital. Despite vigilanco and Mr. Reichumann handed them-Hotel at Kowloon was not likely and could be said to be carrying gold hair pick from the head of hard work, only on body had been

ever, many of the important fields £200,000. In West Africa, how- selves together, but that Mr. to come much into rivalry within the business in connection woman who was walking along recovered up to early afternoon.

925 tons. Reichmann had put himself in the the Grand Hotel on this side of with her husband. He was of Morrison Street, His Worship was The official police report says that

areonlycoming into the producing The deliveries of Banos in fortago, and there is a prospect of u hands of two Chinese and got the harbour, and that people who the opinion, after carefully severo in his vituperation, and savon persons were drowned;' in- them. coms up' there and give would be likely to go to the Grand Considering the Question, porjured evidence.

said they did not want mon of his quiries at Yanti in native week ending 6th May, were small, largo augmentation in the early whole of Australia. amounts to Beforo they cond believo a min

were not likely to go over to that the whole form of the son-class in the Colony. He would quarters and also from one who 163 tons. The stock on the 8th future. The production for the *13,412,205, being 14.4 per cent. to be guilty of such conduct ho Kowloon because Mra. Uschmann tence which started with the idea bo banished for fivo years previous saw the accident servo to show inst. was 970 tons.

of the world's total production, thought it would be necessary for was assisting in its managemont. of her being a principal, together to which he must undergo two that nourly twenty aro inissing.”.

with the words "carry on," months' hard labour.

Searching for the Bodles. the plaintiff to show some kind of certain amount of evidence was

The Siamese Storm Navigation but showing a decrenso com During his incarceration lie will It is, of course, impossible to Co., Ltd., has been established pared with the preceding your of motive which would influence him given, howovor, which induced which connoted playing a lead-

bis Lordship to modify that ing part, showed that the second be twice whipped (privately) and say what is the correct number. with a capital of Tes. 500,000 in C1,144,363, or 7.8 per cent. The in doing such a thing.

Ilislearned friend had only sug-opinion slightly; for it would seem part of the sentence referred to at each whipping he will receive The landing stage at Yaumati was shares of Tes. 100, to run bonts production of Canada Inst year on the rivers of Siam. The mounted to £2,044,982, being gested one motive; Mr. Oxberry that some persons who lived on her carrying on the business us a 12 strokes. Added to all this he crowded with Chinoso waiting to had suggested mother; so be the Kowloon side, but who worked partner, and therefore unless will, before he goes into exile, hear tidings of the missing ones. eignatories are Ohin Rong (250 2.2 per cont; of the world's pro- tween them they had only boon on this ride, occasionally stopped there was evidence of part ownor-luvo to saduro four hours in Immediately the nows reached shares), Chin Hong Hong (250 duction, and, showing an increase

Yaumati, sampans were quickly able to suggest two. Plaintiff's to dine at the Grand Hotel, and it ship with her husband, what she stucks. counsel sat it was the outcome was suggested that they did so no was doing was not a breach of The facts of the case are that sent out to search for the bodies, sliares), Chin Ek Hong (250 compared with the preceding year shares), Chin Ong Yi (250 of £80,982, or 4.4 per cent. The bor contract.

prisquer ssized the hair-pick, when but their efforts have so far been shares), Olin Vadh of Ayuthin gold production of India last year of a dispute between Mrs. Ox-longer. borry and Mrs. Roichuuant, but

All the stress of the argument a heavy shower caused a ruali for fruitless. The Evidence on that flead.

(100 shares), Chin Hui Ynen of was £2,143,737, or 5.3 per cent.. Mr. Oxborry said that he was of however, was very neagre; the as to the effect of the ovidence shelter. An Indian officer made

Strong Criticism.

Ayushi (200 shares) Chin Hok of the world's production, and The Waying sank very quickly Phong of Ayuthin (200 sharos), coding your of £72,017, or 3.4 per showing an increase over the pre- the opinion that Mr. Reichmann figures in the case of soven Ger- was directed to showing that she the arrost.

and its location now is marked by | and Nai Mi (50 shares.) I thought that he (plaintiff) ons did not provo much, and was in truth a part or actual

As to the suggestion that "LEST WE FORGET." had brought the hotel's busi- could only have been made efice-owner.

the usual rod flag. Endeavoura

cent. Adding together the out- In licence can only be granted to

Rubber Estates of Krian- to discover the cause of the colli-

put of Africa, Australasia, Canas ness to such a standard that tive by the ovidence of the gentle- ho could do without him there. men themselves. Thore was, it one person, and not to several

"Sacred to the Memory of sion have proved unavailing, buta From the Directors Report: da, and India, wo get a grand The rubber crop for 1909 to total of £52,920,842 for the Counsel went todeal was true, some falling off in some members of a firm, he knew, of Margaret Johnstone, who for 33 European interviewed on with the specific casos alleged months, but it was too variable to course, that judges were supposed years was a devoted missionary matter gave vent to some strong 1910 was estimated in the pro-gold-bearing portions of the against plaintiff and submitted amount to positive proof. to know the whole law, but he among Chinese women and girls criticism on the running of the spectus of the Company" as British Empire, making 56.7 that they had been proved. If the

So far as the actual damage was must admit that if it was as in Hongkong, formerly in connec forrs boats. He said it was a 23,800 lb., but 41,200 lb. were cent. of the gold production of the jury believed the evidence which concerned, the case was very im-suggested he was in ignorance of tion with the Society for Pro-cominon custom ori lajinchos ply. actually harvested, which realis world The total gold production he had brought before them thero perfect. The question was hy longth with his ruling in the and for the last 7 youra in con- to be allowed in front of the helme per lb. This production was slight decrease compared with tho the rule. His Lordship dealt at moting Education in the East, ing in the harbour for passengers ed an average gross price of 78. of the Empire, however, shows 'a could be only one verdict and that the defendant's counsel was that Onlusurance Co. v. Hlu Fang nection with the Churela Mis-man, whoso vision was often inter-derived from 14,00 average of proceding your. The gold pro- must boin favourofthe defendant. the plaintiff had made out no cosO.

His Lordship in summing up It was introduced by Mr. Potter Sang, which had been referred sionary Society. "Fairlea "board-rupte 1, and he was surprised that not more than 14,000 trees of all ductionof the United States ranks said he thought that all that could as a case of suspicion.

to in the hearing of this case, ing school and several day schools more accidents had not happoned. agos, or a yield of 20 lb. por second in regard to gold-bear- be said for both parties had been

tree, which works out at 435 1bing countries immediately after His Lordship never liked and said it would be a most for Chinese girls were oponed by dangerous doctrina to assist her and carried on in the verna-

A Suggestion. « per acre of 150 trees. This good the Transvaal. It amounts to said by counsel. Ho instructed to bind counsol down too i

in any way a plaint to cular with great success. By

Certainly it would be much result was obtained by light tap-|£19,211,043, or 20.6 per cent, of the jury that the plaintiff could strictly to words used in argu- ground his case in Court merely these meaas many were brought better if fewer passengers were ping only.

the total production of the world.; not recover for any part of the mont but it was undoubted- contract which could be regarded ly accurate in that case to say ting something out of the defen-lodge of salvation. She died in one time. It is in the interests of ed by the accounts is £0,012 18s. ducer of gold, but only very on suspicion, in the hope of got into full light and to the know- allowed to travel on these boats at The profit for the period cover- Russia is the third largest pro- as binding the wife; she was that it was suspicious andant in cross-examination. But England, 29th September, 1900, publin safety that all precautions 6d. The Directors recommend a slightly superior to Western always a free agent. If they wore moro. Ho mount to say, not that the law did notassist a plaintiff in aged 58 years, and was interred should be taken on all the small dividend of 5 per cent. for the Australia, Mexico ranks next inclined to find for the plaintiff he could admit that it was EUS- they must follow the itemsofolaim picious, but that it could be put many ways to turn a suspicious Salisbury. This tablet is boats carrying on business in the period, which will absorb £5,340, after Western Australis, and fifth but they would have to divide no higher than suspicion. The case into a certainty, if it was erected in grateful memory by harbour, owing, of course, to the leaving £672 18s. 6d. to be car in magnitude as a gold-producing

riod forward. them by two. The question was first link in the chain was that capable of being so turned, by old scholars and loving friends." great amount of traffic.

"Tho' above inscription is borne Mr. Morphow of the Public In view of the funds in hand Looking at the matter from whether they could find for theirs. Uschmann had become interrogatorios, discovery, and plaintiff or not. The case had possessed of $30,000; the second, admissions. Take the principal in Chinese and English chur-Works' Department was near by being largely in oxoose of the another point of view, we been argued on probability and he that she made substantial altera- Suggested Circumstance actors on a white marble tablet, in a launch when the accident working capital needed at pre-find that the total production of was sure they would appreciate tions in the plan of the hotel sub-that Mrs. Uschmann was financ-which was unveiled in St. John's happened. He was able to give sent for the development of the Africa is £35,325,918, or 37.8 per his ruling that general evidence of mitted by Mr. Lemm, and changing her husband out of hier store Cathedral by the Lord Bishop very valuable assistance, rescuing property; and of the greatly in-cent, of the whole world's pro creased revenus nulicipated dur-duction; the total of the United sobriety was absolutely imma-ed others made by her husband; of $30,000, and the inevitable Wednesday afternoon. The coro- over thirty persons,

ing the coming year, the Direc-States, Canada, and Mexico' is torial in specific cases of alleged the third, that she engaged a corollary that Mr. Uschmann was mony was performed boforo a

tors do not propose to place any £20,008,000, or 28.0 per cent of insobriety. They had really to sse Chinese contractor, and said not in a financial position to take large congregation including:

sum this year to reserve or de- the world's production; and the if the cause of insobriety had boon "I am building a hotel"; up the business himself. If these many Chinese. attending thie!

preciation account.

production of India and Russia proved and all questions na to and fourth, that she exercised were in fact the facts, a little various missionary institutions whether for twelve years Mr. authority over the servants, was judicial probing would, he should and the service was conducted by A schoolboy stole from the It will be noticed that the com-amounts to £8,780,331, showing Oxberry was the most sober man busy about the bar and manage have thought, discovered them. the Revs. F. T. Johnson. and A. third floor of a house in Des Voeux pleted survey shows the acreage the production of Asia to be 9.4 Rand, a blanket valued 10 dollars. of the Company's Estates as 120 per cent, of the whole world's pro- in Hongkong or not wasnbsolutely ment of the hotel. As to the But in the absence of that he B. Thornhill. irrelevant. In concinding he first, the undercurrent of sug-could only say that the so-called Prior to the unveiling coremony-A shopkeeper, carrying on acres less than the figuros given duction. Thus, Africs stands first said he proposed to put three gestion was that Mrs. Usohmann suspicious circumstances were not His Lordship gavon short address business at Graham-st. has in- in the prospectus. On the other among the continents as a gold questions to the jury:- financod her husband, but there suficient to entitle plaintiff to referring in eloquent terms to the frmed the police that a shop hand, the planted land is 110,1,2 producer, America second, Aue

was no evidence as to how much call on defendant to answer life of the lady whose memory coolie, Pun San, had absconded aores more than estimated in the tralusin third, and Aain fourth, the hotel actually cost, though for explain them, more especial was thus perpetuated.

with clothing valued five dollars, prospectus, and the total of rubber “The Statist."

01

(1) Are the charges of intoxica tion all or any proved ?

Hotel for refreshment or lodging

PETTY THEFTS.

the

New Company.

country.

per