1912-09-19 — Page 10

CURIOUS CASE.

Question In Court as to Alleged

Payment of $835.

THE HONGKONG TELEGRAPH, THURSDAY, SEPTEMBER 19, 1812.

livery of goods under an agres- ment of March 127--Not under the agreement.

And the defendant had been prossing you from early in March, In the Summary Court this to give him delivery of goods?

before. Mr. Justice No; I asked the defendant to take morning, Gompertz, J. Osawa and Co., delivery.

POST OFFICE,

SIBERIAN ROUTE, SUPER- SCRIPTION UNNECESSARY FOR EUROPE,

MAILS VIA SIBERIA.

Left

Londos

Aug. 28. Sept 1

Due Shanghai Sept. 14 Sept. 16. MAILS DUE. American, Chiyo Maru, 27th just. American, Nippon Mara, 18th prox.

MAILS CLOSE. Pakhol, Haiphong and Saigou-Per Macassar-Por Karlson, 20th Sept., Hongkong, 20th So, t., 9 a.m.

traits,

9 AM.

in fatars be despatched bribe route o Letters and post cards for Europe will

Siberis unless marked by the inders merchants, of Queen's Road You were having negotiations for transmission by an^ther rente, Central, brought an notion against with the defendant, and you know Printed matter and Bamp'en with Oho Hing & Co. of,804 Queen's that ho was contemplating pro- continue to be sent by the Suez Canal Road Contral, suing for the re- ceedings for non-delivery of route. covery of $944.40, being the goods ?-No. balanco alleged to be due for Do you deny that, when you goods sold and delivered during hoard that the defendant was Maroh, April and May, this year. advised that he had a good case, The defendanta bad paid 35 coats he approached you with a view to into court, 15 cents being the settlement, and said your business amount admitted to be due and relations were of such a nature 20 cents bailiff's fous.

that it would be unfortunate if Mr. Rondor Harris, of Mossrs you had to go to court over them? Wilkinson and Grist, appeared-I told the defendant to nottle for the plaintiffs and Mr. Crowe out of court. of Mossrs. Hastings and Hastings, Is it not a fact that since this for the defendants.

action was started you have said Mr. Harris, outlining the onse, you would withdraw if he would said the important point for his settle his prospective notionsgainat Lordship to decide would be you ?-The defendant sent a man whether the plaintiffs were paid to our office asking us to withdraw $835 on July 24. The portion the case. We refused to do so. fara which thoy had delivered Mr. Harris-He asked you to showed a balance due of $944, withdraw. Did he make any offer but the defendants in their par- of paymont, or anything 7-They ticulars showed a balance duo at naked us to deduct a little and that date of $1,180.65, sinco withdraw the case. when $045 had been paid. Con- soquently the balance duo on that date was $835.15 and the defon- dants claimed to have paid $835. Mr. Crowe in opening the de-i They had, since the action had fence said that the history of the been commonead, paid 15. cents the caso began in March last whon into court. To their account the defondants lind deducted two por cent, discount, which the plain tiffs deniad should be deducted now, because the discount was not allowed if payment was not made within thirty days.

Two Issues.

And he would pay the balance, after it had been reduced ?-You.

The Defence.

a fairly elaborate agreement was drawn up between the plaintiff. and the defondant to protect their mutual interests. At any rate, so far na his case wont, he would show that according to the agreement, the plaintiffe en-

Burmalı, Ceylon, Adele'de Western Au trails, "India,

SHIPPING NEWS.

ARRIVED.

Daigi Maru, Jap. 8. 884, Y. Some

VESSELS IN PORT.

kawa, 18th Sept -Swatow Bayo Maru, Japi maj: 9,242, Hasbi- 18th Bept., Gen-0, 8; K.

Kutsang, Br. a 8,109, R. O. D.

Bradley, 10th SeptSinge-Carl pore 18th Sept., Göń---J., M & Co

Mail Steamers

THE PENINSULAR

moto, 170: Brat-Moji 190 AND ORIENTAL S. N. CO.

Septi, Coal.-T. K. K..

Diederishron, Ger. mm, 774, Ch.

Achillas, Br. .,, 4,488; 0. A. Firan, Camillo, 19th Sept-Shenghai 16th Sept, Gen.-B. & 8.

Hopkobs, BallastJ, & Co. W datel: VESSELS to the Undermentioned PORTS on or about

Jurgen on 17th Sept.

Br. ... 8.149, A. H. John, 16th Sept-Tientsin Pth Brpt., Ballast.-A. P. Co.

SHANGHAI...

LONDON, VIA} USUAL PORTS OF CALL mist ? LONDON & ANT-】 WERPY.8'PoLY,

the DATES namel

· TOK

TO FALL ON CHINA

About Capt. C. B. S. Tooque, n.m.n. 36th Bop

DEVANHA

Noon, Capt. W. I. Hickey. 28th Sept.

STEAMERS

REKARK

Freight, and Pasaga

Freight and

Passage

CEYLON

About

Heimdal, Nor. 5 761, T.A. China, Am ... 8,186, B. Allen,

Johnson, 19th Ee t-Soa- rabaya 6th Sot, Sugat,~~). O. J. L.

Donavon, Br, .., 2,518, C. W. Addi-Eleano,

son, 19th Sept.-London vin Ports, Singapore 12th Sept., Gm-G. L, & Co. Ervicken, Nor. 8.8., 1,844, Argenser,

19th Beph-Canton 18th Baiyang, Bt. o., 1,202, E. Hodgins

Sept; Ballast.-M. B. K...

19th Sept-Foochów, Amoy sud 8watow 18th Sept., Gen. --D. L, & Co.

18th Sept-San Francisco 17th Auz, Mail and Gen. -P. M. S: B. Co. Am. a.... 004, Altongs, 9th

Sept Manila 6th Sept. Praxo, C'xso, Capt. A. E. A. Baker,

Fugar.

"PORT SAID AND

Manánılamı......')

Fausang, Br. 1., 1,410, H. S, Mal.

·kia, 18th Sept.--Bourabaya 7th Bopt., Ballast.-J., M.SHANGHAI. & Co.

Hongknar. Br. K.B., 789, Corneliassen

10th Sept-Haiphong and 'P-khoi 16th Sept. Gea.-

Ai B. Marty.

MOJI, KOBE & NANKIN" YOKOHAMA.....

Capt. Owen Jones, n.a m.

For further partionlara, apply to

Aden. Egypt sad Europe vis Linan, Br. n.6., 1,852, C, O. Wilism, Japan, Br. ., 8,800, Archdeams, &'0. 5. N. Co.'s office,

Naplar For Prius Ludwig

20th Sept., 9 ...

Swalow,

Amoy and Foodiow--F'er Bai-

Jang, 20th Fopt., 19 A M

Tag

Japan vin Yokohama-Fer Faltals, 20th Sept., 11. A.M. Swatow, Weihaiwei, Cheloo and Tien- tein-Per Chipshing, 2011 Sept. 1.1 A...

Japan vis Kobe-Per Thongwa, 20th

Sept., Room,

1.26.

Maso-Per Sui Tai, 20th Sept., 1.18 Philippino Lalanda-Per Orterio, 20th

Sopi., 2 P.. Philippine Islands, Australia, Tasmanin

and New Zealand vis Port Darwin, Par Taiyuan, 21-4. Philippine Talanda Por "Loongsing,

Sept., 11 ..

21st Sept., 1 P.M.

tered into a contrnot to sup-Macao-Por Sni Tal, 21st Bopt, 1.15 ply certain goode. They wore

P.M.

to be delivered under the contract Philippine Island-For Rubi, 21st throughout March, April and May,

Sept., 3 P..

Linan, 21st Sept., fr..

19th Sept Bhangbai 'látb Bøpt. Om.-B. & 8.

18th Sept... Moji'12th Sept., Can-D. S. & Co.

Shing, Br... 1,127, Tranney, Karimooo, Dutch ... 8,496, Boom!

19th SeptWulu 18th

Sept., Bios-J., M. O,

14th Bopt.-Java Pola Brd Sept, Sugar.-J. O, J, L.

CLEARANCES AT THE HAR. Kanka Mam, Jap. 10., 2,100, T.

BOUR OFFICE.. Locksno, for Bangkok. Unda, for Singapore, Kwangtah, for Shanghai.

Balyang, for Foodhow. Paoting, for Shanghai,

Fakni-maru, for Wakamaton. Landrat Scheift, for Bangkok.

DEPARTED, Sept. 19.

Kathe, for Manzillo. Yangtze, for Kuchinotsu. Looksun, for Braton. Kwangtah, for Shanghai. Landrat Sebieff, for Sinm. Chenan, for Shanghai. Proting, for Shanglisi. Anghin, for Swato.

21st Sept., 8 r.. and India via Caloutta-Fer

Japan, 21st Sept, 8 mu hanghai and North China-Por Shanghai and North China-Por

PASSENGERS ARRIVED.

Haiphong and Baigon-Per Michael from Singapore →→

Hangrang, 21st Sept., 6 г.. For nis. Kuisang, arrived 19th Sept., Jebsdn. 21st Brp, 8 r.. Swatow-Per Halmon, 22nd Sept. 9

Robinson, Major. Wobb, V, Shanghai, North Chinin' and Japie vis

Moji-Per Nankiu, 22nd SHIPS PASSED THE CAVAL, Sept., 9 A.M.

and Fakhof-Per Carl Diederichson, 22nd Sept,.9.

.A.M.

His Lordship-There are two issues; payment and discount?

Mr. Harris agreed and said the lofendants had made other de- during which time they had con- Chefox and Newchwang-Per Ningpa, ductions, alleging shortage in tinually to press the plaintiff to deliveries. The plaintiffs sail deliver them. It was in conse-Straits that they delivered overything quence of threatened proceedings according to contract, but if there on our part that these proceedings wers any shortages they did not wore over brought" be continued. want payment for them. There Mr. Harris: This is the first were two impartant issues: the time that my clients have ever payment or non-payment of the hoard of any claim by your clients. $835 and the $103 discount. On Continuing Mr. Crewe said that thoso points he would just detail on June 1 the parties compared what the evidence for the delen-accounts which were checked dants was from their documents against the books and an allow which he, Mr. Harris, saw yestoraneo of commission made. It day. They produced the copy of was further urged for the defence an alleged letter which they wrote that the greater portion of the to the plaintiffs, purporting to goode in question жав not enclose $835. They did not pro- broughtoutright from the plaintiff duce a press copy book. How. but only takon for sale on commie- over, they disclosed a shit book, sion and that the defendant was Batavia,

illegible signature, prossed to take delivery under the Against that they produced agreement and they refused ba- letter from the defondants stating cause they wore over due, On that the matter would be settled July 24 a payment of $835 WOB "noxt week".

with An

..

His Lordship-They allege that they paid $835; did they produce a receipt?

made by the defendants to the plaintiffs and was sont in a letter accompanied by the chit book,

Hoihow

Srator,

AME

Amoy and Formosa Tiu Tamul-Per Daigi-maru, 22nd Sept, A. M. Samamang, Sourabaya and Macarar For Tjibodas, 23rd Sept. 11 A‚M. Sama ang and Sonraways Per Heim-

dal, 23rd Sept., 11 AM] Straits and Burmah-Per Muttrs, 23rd Sept. 11 AM.

Haiphong, Pakhoi and Balgon-Per Sungkiang, 23rd Sept., 6

The defendant's manager was examined, and in re-examination, Mr. Harris asked leave to orosz- " one

examine the witness.

Mr. Harris: No they produced n chit book with an entry chit enclosing $835". The ad- dition is written by someone imi- tating the rest of the writing. It is aliaky, and appears to have been written over pencil.

Alleged Payment of $835. The managing parinor to the plaintiff firm gave evidence sup porting the statement of his ad- vocato and was cross-examined by Mr. Crewe as to the alleged payment of $885.

Mr. Crewe:When money in paid to you it inevitably goos into the cash book ?--Yes

P.M.

Shanghai, North Chins and Japan vin Kobe Per Katsang, 24th Popt.. 10 ..

His Lordship gave the neces-Straits Bury permission remarking :--- This is a much more difficult case thar Iimagined and I want to get as much light on it as I can.

The case was proceeding as we went to press.

LIGHT. FINE.

The Assault on a European Constable.

Edward Foster, H.M.8. Tamar,

was charged before Mr. C. D.

As a matter of fact, do you this morning with assaulting know that of eight payments P. C. Cotton, in Sampan Street. which we made to you, only two It will be remembered that at a

French

Mail.

and Calcutta-Per Namsang

24th Sept., 10 A.M. Saigon, Straits, Ceylon, Adelaide, Western Australia, India, Aden, Egypt and En- rope via Marseilles (Leitor posted in all the Pillar Boxes

Balfour, Dr. Fendale, Mrs.

Yamamoto, 14th Sept.

Manila 11th Sept., Ballast. M. B. K.

| Koairston, Rud. .. 1,990, P. Foxarel 17th "opt-Vladivostook

9th St., Coal-Lakh- Isuoff.

Laertes, Br. ... 1,840. Pago, 17th

Hongkong, 18th September, 1912.

4th Oct.} Freigh only.

D'light 23rd Sept. Pasanga

Freight and

H, W. D. SHALLARD. Acting Superintendent.

NORDDEUTSCHER LLOYD.

BREMEN.

Sept.-Saigon 13th Sept. IMPERIAL GERMAN MAIL

Gen.--Wo Fat Sing.

Loong Sang, Br... 1,098, Lenak, 14th 17th Sept-Manila Sept., Gen.-J., M. & Co. Lyoomoon. "Gar. ., 2,000, Helloff, 10th Sept.-Saigon OLN Sept., Gon-E. A, L. Matira, Br. k.s. 2,985. H. Carey. 17th

Sept.-Moji 11th Sept., Gon -J., M. & Co.. Orlerio, Br. ... 4,105, Howie, 17th Sept.-Puget Sound Ports 17th Aug., Gen.-D. L. Pongtong, Ger. ... 998, W. Godt. 15th Sept-Oeba 11th Sopt, Ballast-B, ± 8,

| Rajah, Ger. o., 1,275, C. Rosiepky. 18th SeptCanton 17th Sept, Ballast-Order.

Fox

NAPLES, GENOA, AL-`

BTKAMERS,

GIERS, GIBRALTAR, PRINZ LUDWIG SOUTHAMPTON, ANT-Capt. F. v. Blazer 18,800 WERP and HAMBURG,

LINES:

TO SAIL DE

FRIDAY,

20th September

10 AM.

SHANGHAI, TBING-} TAU, KOBE and YOKOHAMA '...........

About

BULOW Capt. 1, Schaffer

10,000

WED'DAY,

18th Sept.

MANILA.

ANGAUR,

YAP, NEWGUINEA, PRINZ WALDEMAR DRISBANE, SYDNEY (Ospt, H. Bremer

and MELBOURNE ........

| Sulatad,

Br. u.m., 897, Ledrup, 10th |

Sandal Wood ----B, & 8,

SATURDAY,

6,100

6th October, at 10 r..

(BORNEO

Middle of

Capt. F. Sambi}}

Octo'er

Sept-Fremantle 31st Aug., KUDAT & BANDAKAN..... {BO Tendon, September 8.. Arrivain from. Chins:-Belleroph 1. Too. Sui; Dr. a... 981. P. N. Markus- Myra idon, York, Rhosus.

The following va sola have passed the

Canal:Calchas, Montrore. Prinzess Aliso, Yunnan..

London, September 6. Arrivals from China-Branilin. Indomonens, Kamo Maru, Bmm'ay..

The following Teasels hava pasand the Canal:-Armand Behio, Dunbar,

Indramayo, Nyang, Pera, Atreas.

London, September 10.

Oblos-PrinzeGP

Alles."

Arrival from

The following vessels bave passed Todrawadi Enerber, Kanagawa Maru. Canal:-Benledi, Flatahire.

Laertes, Perseus, Sithonia.

the

London, September 10. Arrival from China:Gloreak.

Londan, September 13. Arrivals from Chins:-Armband Fehio, Monmouthshire, Middlelium

in time for the first clearance Castle, Bambia,

will be included in this con- The following vessels have pissed tract mail) (Late Letter-the. Canal:-Aki Maru, Boberia, 11.00 am. to Noon. Extra Deringer, Indien, Lutzow, Patroclus. Postage 10 Denta)-Fe Pembrokeshire, Wray, Castle. Caledonien, 24th Sept. 11

AM.

!

London, September 17. Arrivals from China-Bencleuch,

{RAJAH.

·About.

13th September.

All the steamers of the European Lino are fitted with Wireless Telegraphy, Now Eystem of Telefunkon.

800, 17th Sept.--iphong DIRECT to SANDAKAN... 14th Sept., Gen.—Order. Taiyuan, Br. 9.4., 1,450, Brown, 17th Sept.--Melbourne 19th Aug, Geo.-B. & S. Tamba Mamu, Jap. 8,4., 8,808, 8. Wads. |

17th Sept.-Shanghai 14th Sept, Flour, ote..-N. Y. K. Thongwa, Ur..., 3,428, R. P. Tyab. ..., 16th Bept-Sirga- por 11th Sept., Glen,-D. 8. & Co.

SAILING VISTTM Coinet, Br. (-masted 'barque, 2,890, W. J. Davis, 18th June- New York 3rd Feb., Oil- 8. 0. Co.

WATER RETURN.

Level and Storage of water in. Reservoirs on Sapt. 1, 1012.

CITY AND HILL DISTRICT WATER.

WORKS LEVEL.

Melbourne, at the Police Court, Japan via Nagasaki, Konolelo, Canada, Atrana,

United States and Bouth The following vessels have passed America via San Frasel no-the Canal -Danhina, Glenstrae, Per China, 24th Sept., 11 Byron, Helens Rickmers, Iyo Mara,

Nippon, Mancaster Castle, Nṛanes, | Tytom .........

faft ein below safe in below Beandis, Tydens, Forel Balow, Queen Taft, below sic in below Alexandra.

1.

A.M.

of them went into the cash book?previous hearing of the case a

I have two kinds of cash book; romand was asked for because the Pallippine Islands-Per Taming, 24th one is to deposit money in the constable who had received a kick

Sept, Sr.. bank. Sometimes I put the money in the stomach was lying in the in the deposit book and send it hospital in a critical condition. to the bank at ones.

It appears there was an alter-

Philippine folande, Au tralia, Tasmania

and New Zealand via Thor - day Islands-Per Empire, 25th Eaph, 10 A.M

Mr. Crowo-My friend told ostion between the defendant and Shangba' and me there was only one cash book, others in Sampan Street and but now I learn there are two.

when the policeman arrived in re-

disorderly behaviur and $10 for Defendant was fined $3 for the assault on the policeman.

North China Per Tungabing 28th Pept., 11

AM.

8 P.K.

Shangblad North Chias-Par

Cilaħna, 26th Fapt. 8 2.3. Welhali, Chatoo and Tientsin-Ta

Later, dealing with the plain-sponse to a call, the defendant Tientsin-Per Hulshow, 27th Sept. tiff's ledger Mr. Crewe said: kicked him in the stomach. They they have an entry dated the seventeenth of the month, two or three entries below they have one for the fifth and even first, while they even had entries of tlio previous month mixed in, i At the end of the sixth month

TYPHOON WARNINGS. The telegram quoted below

servatory by the American Con-

they brought in a hotch-potch of was received from the Manila Ob- amall items.

His Lordabip:You don't insulate General Hongkong, at 4.45 tend to show that if the 8835 has p.m. yesterday :-

been received, they have forgotten

it?

September 18, 1912.

Oyolone or Typhoon. N.W. of

Mr. Crewe No; I chill Yep moving W. or W.N.W. show that there was reason why The following telegram was pressure should be brought to received at 1 p.m. to-day- Bear on my olienta, dan pe

September-19, 1912 Cyclone or Typhoon E. of Luzon more than 300 miles dis tant moving W.N.W, or N.

As a matter of fact you live been carrying on a discussion with the defendant as to the de-

English

Mail.

Kuelehow, 28th Sept, 8 r.m. Straits, Burmab, Osilon, #de- lade. We en Australia, In-

For further Particulars, apply to

NORDDEUTSCHER LLOYD,

MELCHERS & CO.,

GENERAL AGENTS, AONGKONG and CHINA.

Bongbong, 19th September, 1912.

DOUGLAS STEAMSHIP

CO., LD.

Hongkong-South China Coast Ports.

Highest Class, Fastest and Most Luxurions Steamers on the Coast, having splendid Accommodation for First-Class Passengers. Electrle Light. Exelent. Quirino.

FOR SWATOW AMOY AND FOOCHOW RETURN. (Occupying 9 to 10 days.)

ATWAMÓHIPO, ·

DAPTAIN

LEAVING,

HAIYANG ... } A. E. Holging ... | SATURDAY, 20th Sept, at 11 a..

FOR SWATOW AND RETURN. (Occupying 8 Days). HAIMUN.... | J. W. Erano...... Į SUNDAY, 22nd Sept., at 10 AM.

Biesmors will arrive at, and depart from, the Co.'s Wharf noır Blake Pi

For Freight and Passage, apply to

Douglas, Lapraik & Co.,

General Managers,

Overdow

2011

Overflow

Overdow

Byawal

overflow

Dva slow

Adva Tyemn Inter, joft. Kin. aboer, alt, gia,

mediato... averdow

overdow Pfau "- OYOLLOW

[ift gẵn; above sit, sola, above

with Wong+rel-filt, rožin,

thước

phi

velow. BOZAGE IMILLIONS AND DECIMALS GALLONE.

[20]

5915

Tyra

Tyram Byewasð umsatta

1

Tyram Intermediato pote

1056 2014

610

Wo g-nal-chung meron

13.09

30 31

59

Total

September 18th, .10.a.m. p.m. Faromoter .........29.71 20.71 Temperstars......70 ...78 Humidity ................. B

Rafa

***** ***0.02

TIDE TABLE.

dia, Aden, Es ypt, nd Europe Seph 17th to 93rd Sept., 1012

vis, Brind si. (Late Letters

11 am, t nos. Exta

mentary mail n,board up to 19

Postave 10 cents) (Supple

the time fixed fpeid pasture

Wed.

Tan

of the mall: (Exid Postage 10 coul) (Letters" posted in all the Pillar Boxer in time for the first clearance | Natura will be included in this con- Case · tinct mail, The Parse! Mail will be closed on Friday, 2 Bapt. 27th at 5 p.w--Par. Daraphs, 28th Aøpt, 11 am, 1

M

High Wat

Hoogkong

'm'morning" a after:

Low

Water

Bangkong

Time

J

nor Sorter

440.9

nay low water.

Pokfulam Disa

Consumption of water in the City and Hut Di tries during the month of Aug, 1911. –

JOT!

Consumption. 15191

Filma od

pepn'ation....

“en simplion par

hand pen day.co

Agte

+91-49 getions

ELF,450

455,119

14

Constant Supply to all disteless, during, the

| manth of Aug. In both years 1917 and'igra,

KWOLOOM WATER WORKS LEVEL,

1931

Kowloon Ora- "Y"

vitation Re

Below

servolt ungun) overdow }

140

STORAGE IN MILLIONI AND DECIMALS

GALLONS

sgra

THE EASTERN & AUSTRALIAN

STEAMSHIP co., limited. Mail Service to Australia,

EMPIRE

MAIL SCHEDULE (SUBJECT TO MODIFICATION),

..............................

Arrive Hongkong

from Australia

ST. ALBANS j........................... ~~On t's 20th Bapt...

Leste Bongkang

for Australia,

On 28th Sept 11 A On 12th Oct., Moon.

*The above Eteamine are Blied with Refrigerating Machinery, ensuring plentiful supply of Jos, French Provisions, etc., and are lighted throughout a

· Consumption of water in Kowloon daring the grotricity:: All Biate-Room bare Elootrie Fans. A duly qualified T DAN

vitation

month of Aug. 1918. ·

Conmumption „sta Re-Imated popula-

9.

Elon..............

21.30 213 | Conans pelos -per)

- hand per day

DE 60

7610

3581 gallons

The Gaysroment. Analyst's reports, thow that (ko 9.40 1p water is of callest quality

· FablisWorks Department

“CHATHANE)

Stewardess are carried, (0039)

For further partoulars; apply do

Gibb, Livingston &

Printed and Published by the Propy

Year Road Central, in the City of Vioto