1912-05-21 — Page 5

ASSESSING DAMAGES. Argument in the clelm by Messrs

Showan. Tomes and Co.

THE HONGKONG TELEGRAPH, TUESDAY, MAY 21, 1012.

!

BIG HAUL OF ARMS.

then there was no undertaking. by the company to erente succes as to carry out the agreement. The company went into liquida- Chinese Contradictory Evidence. tion uni, as a matter of fact, there The effect never Word tiny Buccessors A largo haul of arms and

o consider theso onrlier facts, because hoy hind contract executed, and, when that was so a branch of the contrad entitled one of the parties to damages on certain principles.

OBSTRUCTION "IN KOWLOON.

---

What the Public Want..

Sir Havilland do Saumarez, of Clause Sir, under which is a public wharf company. ammunition which was apparont- Six rioksha coolies appeared at Chief Judge, hoard argument on damaga were bu sud, w. The moto. existence of ly being smuggled into the the Police Court this morning be the question of damigers in that the company covented to the agreement with Showan colony was made yesterday on fore Mr. E. A. Irving, charged "Shanghai Saprome Court on May procure from any successor an Tomos would have effectually board the French mail 8.8. Nors, with causing in obstruction out- 10, in the claim by Messrs. She-gromont in exactly similar proven od any other lady becam. A rovenue oflicer who was examin-side the Star Ferry Wharf, Kow-

torms. That agroomen was not ing successors. Nobody wouding the ship noticed suino pack-loon. wan, Tonies, and Co. against C.procured, and for that reason have taken on the company with ages which had been put on It was alleged that, when a boat 1. Thomson, as liquidator of the His Lordship had held that this agreement, and, as a matter board a sampan-and on proceeding came in to the pior, the coolies! wero entitled to of fret, the successos were not in to make a closer inspection found rushed out from the shed at, the Whangpoo Wharf and Godown plaintiffs Co., Ltd., in which plaintiffs anges, le subted that any sense successors to the com- that they contained no fewer than side of the road nnil obstructed

The only way of mensuring pany. They wore the Osaka seventy revolvers of different the free passage of pedestrians, claimed Tls. 31,250 by an agrec-damages, was by, in some way, Syndicate, who took it morely to kinds, two thousand rounds of His Worship asked what was mont under which they acted is valating such an agreement by soll it again; and then the Southammanition and a quantity of the usual procedure when riok- managers. Defendant counter-putting a value of some kind on Manchuria Knitway Co., who other accessories. Subsequently shas wore wanted. He thought claimed for Tls. 11,057 for the agreement which they ought operated it privately from their tivo arrests were made, and, this that they ought to go out two by damages and sums improperly to have procured. As the agree-own staamera. The damages, if morning they appeared before Mr. two, instead of which they swept ment was to be in gretly thoany, weto, actually the damages E. A. Irving at the Magistracy out like a fan neross the rond, and charged.

same forms he subunit that the plaintiffs had suffered through on a charge of having the arins thus provonted pedestrians from damages or valin was the sine. the agreement not being earried in their posscesion without the passing.

permitof the Captain Superintend- int of Police.

Mr. Russ appeared on behalf of one of the defendants.

His Lordship, in his judgment, décision for plaintiff on the gave 'Claim for damagos, for this specific

Outside Valuation.

4th

Difficult to Assess

His Lordship-The question is The Lorkhip-Thera 'is the sum claimed, hot with leave to what damages your clients have [possibility that the existing com-

4

t

The officer in charge of the caso said that he understood that, for some time, that practice was fol-] lowed, but then tho public com- ]

that the sampan man had assisted His Worship-It is rather the police by pointing out one of hard upon the men; what are tho defendants on the Ferry at they to do?

BUTTER.

BUTTER.

We are pleased to announce that the selling prices of our different BRANDS BUTTER at

present are as follows:-

"DAISY

REDUCTIONS

"DAIRYMAID"

"BUTTERCUP"

PASTRY

BRAND 80 cents per lb.

75

70

65

THE DAIRY FARM CO., LD.

Apply for an asso-munt, argument suffered the ugh, defendants, Jury w Jarn their lusi ass Inspector Korr fuld his Worship plained of being kept waiting. GARNER QUELCH & CO.

action were left over

Mr. R N. MacLɔod and Mr.

dant,

[extent.

wharf company

In the result a line of 50 cents. each, or throe day's imprison- ment, was inflicted:

Alteration Afoot.

WINE MERCHANTS.

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on which counsel would be heard. Tailing to secure the agrement

V, Milicalo to assess Judgment was entered for defen. I don't so how you can do it Ita

all than dant on the counterclaim, for 'l'l, except by outsi o valtintis..

Mr. said he was asking Hongkong while the other had The Officer:-The public want 4000, defondant to have ensts of Mr. MacLeod−1 submit the

take into been arrested by a second sam-them all to come out in a heap, the counterclaim up, to the date of July way is to look at the torms His 12 ship to

His Worship—And then the hoaring. General costs of the an outside valuation to some comido on the actual events. Įpan man and handed into the

The actual damage, was a matter custody of an Indian constable. mon are fred.

The muster of the sampan on His Lordship-Surely the mono estinate, and he submitted Sebastian appeared for the plain-ure of your damages is what it that, in making that estimate, board of which the goods were tiff, and Mr. 11: S. Oppo for defen-has lost you by not getting the fuot only should the fact that the discovered told a tale full of the agreement was for 25 years, be fast extraordinary contradictione agreement.

Mr. MacLeod-The damages' taken into consideration, but als which became very apparont The Amount of Damages, we have sustained in consequence the chances there word of its under the cross examination of THE THEATRE ROYAL. · Mr. Macleod aid his Lordship of the loss of the agreement in fasting 25 years at the time it was Mr. Ruas, while the second ad- made an order on 3rd May, 1917 these forms is what we are en- renmeed.

nitted that he had brought about | to the effect that judgment betitled to.

His Lordship, in reserving the arrest of the second defendant onteral for plaintiff for damages His Lordship-Théramight b·fjudgment, said it was not at all purely on hearsay evidence, for the broich, by defendant, of a certain amount of instability; 1 Jan easy ese. It might become Mr. Russ submitted that there cluso six of the agreement of Astm not referring to the present [nverssary to have a little more was no case against his client April, 1910, this angunt of dama-holders of the whof.

idon of the value put on plaintiffs' whatever and said that what ages to be determined by flis

Mr. Macheal-1 Submit that in services us directors. There were obviously happened was that some Lordship after hearing counsel.

not a matter to take intoronsider-Two ways of doing that--by an one gave the goods to the first It was that point to which ho ham. It does not affect the expert, or netual evidence from witness to removo-ho expected

Last week contractors com- toaddress himself now hut, before aunt of danses. Supposing the parties. Would counsel ngtee that even he was in it-and when dealing with the question of the we had gesine the eg cement to his consulting an independent arrested he was handcuffed and menced work on the bridge, at `amount of damigos, be thought with tho Osuk Syndeato and chutered accountant? This oe stood at the ferry wharf and either side of the stage, from ho should shortly refer to me they had gono into liquidation, curred to,himus a feasibio way. claimed that the first mem. which much of the scenery is Saturday, May 25.. romarks mado by His Lordshipwe would thon laye bementitled Counsel consenting, judgment hor of the crow of the Nera controlled. Those are to bo raised

Fourt enth Ordinary Annal na to the attitude of the parties to claim the fill calm of the was reserved, his Lordship stating was the man who gave him a fair distance and at the same Mooting "Star" Forry Co., Lul:, in the ewe in connection with the agreement. Had they been un-that he would call them in cham-instructions and when another time their width will be reduced Messrs. Dodwell & Co.'s offices, unim. He understood His Lordable to pay it, wo, would not have rs if he decided to hike the came along he did the same by a fair amount. It was found ship to take the view that the got the money, but thatwould not favedantant's opinion. gonoral minigers had already re-havo affected the valueto which

eived the sum of T, 7000, and they wore entitled,

that they were, in circumstáncos

not coulomplator by the agree-

A Minimum.

ment, seeking to claim a large Mr. MacLoud, continuing, said the agreement was for 20 years,

sum of money,

During the summer the Thontro Royal will be subjected to many. alterations which will tend towards the convenienco of theatrical.com- panies, on the stage and to the comfort of those who patronise the ventures staged there.

Hongkong, 15th January, 1812.

DON'T FORGET.

To-day. The Bijou Theatre, 9,15 pan.

Friday, May 24. Empiro Day, Special Service for Children, St. John's Cathedral, 9am.

AN IMPUDENT THEFT.

12.30 p.m. and ha dared say if another man that there was considerably Second Gymkhana Mooting, had come along he would have more room than necessary on 3 p.m. had him arrestoi as well.

the bridges, and it is estimat- The arts are to be forfeited toed that the increase thus the Crown.

ALLEGED RECKLESS DRIVING ON JUBILEE

ROAD.

Coolle Caught Red Handed,

At the Police Court this mor- His Lordship That was what at a minimum of Tls. 5,000 por ning a ponkak coolie was charg- was put forward by the other side anun. It was noteworthy that od before Mr. E. A. Irving with and seemed to me to be a well this was a minimum. With re-breaking and entering into a room gard to the principle on which in Murray Barracks and stealing founded contention.

value of damages in such eases therefrom a silver watch, the pro-, was fixed, he referred a Loud-perty of Sergt Starlight of the K ship to To Re English Joint Stock . Y. L. L. This morning at 4,15 | Hon Mr. C. Cent's Escape Bank, Law Reports, Equity, o'tluck.

Prisoner pleaded not guilty..

Another View."

Mr. Macleod said he thought there was another view entide

to at least equal weight. That

p. 350, in considering the no

At the Magistracy this morning

Monday, May 27. Boy's Own Club Sports.

Tuesday, May 28, Chiua Borneo Co. Mooling.)

gained in stage room will more than compensate for the reduction. The alteration will allow of larger 12.30 p.m. net drops.boing utilized and will tend to the convenience of com- panies travelling with the larger- Aized scenery.

In the "house" itself electric fans are to be installed in the

resa circle and the sialle. In all twenty will be put in position on the pillars supporting the

was, that the two parties interest- cessary deductions, it must be re- The prosecutor said that, thefore Mr. E. A. Irving, the Hon. dress oircle and the roof; and

ed in the whole history, the gene-membered that Tls. 5,000 was about a quarter past this morning, afe. C. Clementi, Colonial Socre- will play down on the audience. rul managers and Mc. Tam minimum and that, tovartis the he was awakened by his room-tary prosecuted an Indian chauf- No doubt this addition will be entore into an agreement which end of the 25 years, the work mate Sorgt, Jackson who asked four for driving a motor car in a gratefully welcomed by the many was rather longer than the claim would be routine, and remunera-him to strike a match When he reckless mannor in Jubilee Road. who find a summer evening in on which plaintiffs sued, buttion very possibly grenter, did so he found that Jackson had The Hon. Mr. Olamenti said the theatre at prosent woll-nigh which contained in effect all the

His Lordship-How far am I hold of the prisoner, who, as wit-that he and his wife wern out unbearable. obliged to go? Ought I to go ness struck the light, dropped his riding along Jubilee Rond, whon At the same time, Mr. Tam beyond T 5,000 unless you (witness') watch to the floor. The saldonly a motor car, driven by who was the vendor, entered into bring me some materials to go prisoner was taken down to the the defondant,

fetention-room and kept in In bond in the road without Mr. MacLeod sail he only custody until the arrival of the giving a warning blast on the to the campiny a wharf. Those asked that the Tls. 5000 be re-police.

provisions of the last agreement

an agreement with the Trustee) on ?

for the company, agreeing to sell

born.

came round

KOWLOON CRICKET CLUB.

Lawn Tennis Tournament. Championship:-Capt. Clarke

two agrosments were taken overmembered as a minimum. There Sergt Jackson gavo corrobora- As the result the horses they is in the final. Other matches by the company. It was fully sifoguarded and it took the place were 23 years and 7 months untive eridence. of Tom Wa and bisme entitled expired when the agreement came

were riding swerved und an seci. Asked what he had got to say dont was only avorted by the to an end, when defendant should for himself, the prisoner donioddefendant abruptly stopping his-S.S. Green (owes 40) has won to all the rights under the agre! mont, and subject to all the labi.ave provured anothergreement that he was ever in the room. Hle lition, Reference lead been made for that time. Caloating it at said that he outside the doo

7 per cent.

cir.

The defendant asked Mr. Clo-

will be played during the week.

Singles Handicap "A" "Class:

this event, beating Capt. Clarke Singles Handicap "B" Class:

the antilly would and, made a wise by kicking menti not to prosecute him (Ser.) in the final by 6-3, 6-4, 6-4,

the

and

and it was then that somebody

Fe wat Kontenred to three

lour's stocks.

at every previous bend, but bad forgotten to do so. on. this one cornsion.

J. H. Mead (ower 30) in the fins). Singles Handicap "C" Class: A. A. Tyfe (recs 15.2) mests Heerman (rees 15) in the final.

to the fact that the company, in work out at Tis, 56,80. 1011, was in a very bad fin ncial |

In conclusion. Mr Macinaidu rushed out and caught claiming he had sounded his horn. E. Stevens (ówas 15) moete sinte, and that there was groat

Leol

laid

hold of him. stress, on difficulty in deciding what was to be done. It wa generally felt question of the impatance the company could not go on. It advantage of the noms and busi- monthron with hard was important to consider how Os conection of plaintiffs to

defendants. the company got at that, and the first point which he thought, His Lordship ought to consider, Ax opposed to the

The Reply Mr. Oppe, roplying, said tho other vio main point was to determine the expressed, was that if Mr. Tamrinciple under which the damn-

Wa bad supplied this companygos should bo nested. The

al

IN. ST NG OPIUM FOSECUTION.

At the Magistracy this after-

with a prapor wharf, the company company agreed, for self and its norm, before Mr. E. A. Irving.

in that position.

The Second Point

י'

successors, to employplaintiffs na] Yip Hung-pak, was charged with

The case wis .rpmanded to enable the defendant to call a witness.

EMPIRE DAY.

A short commemoration service

Doubles Championship :-Dr. Forsyth and Lieut. Thompson most Messrs. Green and Abraham in the final on Wednesday 22nd, Professional Pairs: Lieute. Thompson and Williams are in the final. Other matches will be Doubles Handicap: Messrs. would probably have never beeneral managers for 25 years. I being deficient by two chinate in will be held at St. John's Catha-played during the week.

was intended to mean "suppore giving false particulars to them, when His Excellency the Green and Abraham (owe 40) are The second paint was that tho we fail, we undertaks that thero Surerintendent of Imports and Officer Administering the Govern- in the final. They meet the win- ment will be present, and asermon nere of Messrs. Wolf and Taylor company or shareholders, having shall be successore,hat that "if Exporta gone into liquidation, voluntarily there are successore, we shall un- Mr. P. M. Hodgson, assistant will be prouched by the Chaplain. (owe 4-6), and Dr. Forsyth and

The service is intended pri- Lieut. Thompson (Scr.). resolved to release Mr. Tan Wadertake that they shall carry on Crown Solicitor appeared to r from all claims in reapest of that the agreement."

secute, and Mr. Eldon Pattor, marily for the British children of Mixed Doubles: Mr. and Mrs. failure, Ono other thing of real His Lordship-Do you suggest instructed by Mr. Crewo of the Colony for whom the nare Fittock (owe 15.3) meet Mr. and importance was that the earlier there are no succesors to the Mosera. Hastings and Hastings, and both transepte will be resery- Mrs. Green (owe 30) in the final.

ed. The general publje will be lettera showed that the whole company?

defondled. question of this agreement was Mr. Oppe-I do; Ism coming The allegation made by the socommodated in the nave afales, very carefully considered, and that to that,

Crown was that, when a revenue. The musical portion of the service Shewan, Toraes, and Co. and the Mr. Oppo said the intention of officer poid a visit to the defend-will be rendered by the Band of company absolutely understood the agreement was that, supposant's shop, he examined six the King's Own Yorkshire Light these forms nnil no others; and ing the company discontinued and chests, purporting to contain Infantry, by kind permission of they want to show tint if Mr. the business of a pulllo wharf was opium: Four were found to con- Colonel Hamilton and officers, Tam, We did not agree to there carried on by somebody else, the thin the drug, while the remaining A Government launch, avail- terms they would never have been company must ses that the agree-two contained nothing but coal. ahls for Kowloon children, will pencrul managers. In that con- ment was taken on. But suppo- slack,

He did not think the clause eix his stock of orium, and with dral on Friday May 24, at 9

cetion is was not really necessary ging there were no mascessors, The esos was adjourned

leave the Police pier, Kowloon, at 8.20 n,m. sharp..

N

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