1914-01-07 — Page 5

THE OUTLOOK case.

What Took Place at the Interview,

paper. Of course the plaintiffe said that at the interview on October 29, the defendant did not pay the $242, becanes he had not get the money. He had two witnesses who were present, who In the Summary Court, this would say that nothing of the morning, Mr. Justice Gompertz, eort happened. With regaid to resumed the bearing of the osse the $841, their def-noo was that in which Loi Wai Kee gesit was art due until the last day Corinth Henry Lee, the editor of the month. Then there was of the China Outlook, for the sum a counterclaim.

the month ?

Mr. Harris: The last day of the following month.

of $1,000 the amount owing for His Lordship: Th last day of goods supplied and work done There was a counterclaim for $2,079, for wrongfully refusing and neglecting to print the paper, the sum of $1,070 being aban doned to bring the case within summary jurisdiction.

Mr. Norrington (Mr. G. K. IIall Brulton), appeared for the pluin tiff and Mr. Reader Harris, of Mesere Wilkinson and Grist for the defendant.

His Lordship: The last day of November. ?

Mr. Harris: Yes the October

THE HONGKONG TELEGRAPH, WEDNESDAY, JANUARY 7, 1914.

EXTRADITION · FOR MUBDER.

Mr. Hazeland's" Decision Ölven To-day.

DAIRY FARM NEWS.

This morning gave his decision PURE, RICH AND WHOLESOME Mr. F. A. Hazeland at the Police Court, in the extradition pro- ceedings in which the Canton Government desires the extradi-

tion of Chan Wong, dlias Chen Yun, who is charged with two Chuen in Pok Ho district of Kwanglong.

MILK

murders and burglary, at San Straight as it comes from the Cow,

Mr. P. M. Hodgson, Assistant Crown Solictor, prosecuted with account was due on the last day Mr. D. H. Lewis of Meears John-

The Company's Farms, Utensils and Methods are Models

of November. The plaintiff's, Stokes and Master, and Mr. of Cleanliness and, in these particulars are probably un- allegation is that it was due on Davidson, of Messrs Hastings and the first of the month, or rather Hastings, defended.

on the last day of the current His Worship said:- The month. He admits the 30th of defendant is charged before under the Chinese Ex- some month. He said the last me day of the current month it was tradition Ordinance 1889 with the murder on the 8th September, due.

1913, of one of Oba Fu at San Chan, Tit Cheong market town in Pok Lo District, Province of Kwong Tang, China,

Mr. Norrington said that before the case closed on the last day of bearing he had informed his Lordship he would not call evid- His Lordship: That means ence as to an interview which took October 31.- place before the defendant's solicitor had been instruoted and an agreement had been come to that the interview be admitted without prejudice. With that he would close the case for the plaintiff.

Mr. Harris said that it was ad. mitted with one exception; the plaintiff should admit that at that interview the defendant had said he had a claim of $250 in respect to type.

Mr. Norringta:-They are relying also 00 one letter

in.

a

Mr. Harris said the plaintiff's solicitor wrote to him saying it the 15th, of the was due on month, and right away, they had difficulty they had two different dates, and in all the accounts he could possibly and from 1912 to 1013, there was not one dated before the 9th of the following month, so that the allegation that they had to pay on the first of the following month was absurd. His Lordship:-Are the `bille dated ?

Mr. Harria-Yeg," |

Mr. Hodgson, Assistant Crown Solicitor, appeared for the pro- secution.

Mr. Davidson appeared for the defence.

Eection 10 of the Ordinance is as follows:-

Estion 10-(1) If, at the hearing before a Magistrate, such evidence is produced no would, subject to the provisions of this Ordinance, justify the committal of the fugitive criminal for trial at the Supreme Court if the crime of which he is accused had tsen committed in the Colony, the stand, the value of the type. I Mr. Farris said it was taken Magistrate shall commit him to cannot take it further than that. out on November 17. The plain- the Goal to await the farther or His Lordship Except that tiffs wrote on the 13th and threader of the Governor, but other- olaim was made for the tened to shop printing unless the wise shall order bim to be valde of the type?

defendants paid the two sums,| discharged.”~

A

the correspondence for His Lordship: If it was not the return of the amount, das till the 30th why was the $250, which I underwrit taken out?

Mr. Norrington:-The return of the type is mentioned in the correspondence-it was $250, or the return of the type in one of the old letters.

Mr. Harris:-The letter of June 18.

Mr. Norrington-I am quite agreeable to my friend calling the defendant to say he did make that claim. I shall take no ob- jection to that.

and as regards the $84, they As to where a Magistrate is to gave the defendant two days from discharge or commit an accused the 15th. He was going to prove is to be found in Section 78 of that the defendant had mentioned the Magistrate's Ordinance 1890. the claim for the type. The Section 70 is as follows::

"76. When all the ovidence defendant wrote to the plaintiff

in reply to his latter saying that offered on the part of the prosecu he would stop printing, that he tion against the accused bas tson was perfectly ready to pay the beard, it the Magistrate is of balance due to him if he complied opinion that it is not sufficient to with the conditions which would put the accused upon his trial for remedy the delay and the troubles any indiotable offence, the Magis of the daily production of the trate shall forthwith order the mattore which he accused, if in custody, to be dis ahip would appreciate that in it had complained about re-oharged as to the information there were really two main point-peatedly which were given.

Mr. Harris said that the plaint- tiff's case being closed, his Lord. paper;

11

He

112

surpassed in the World.

DIMITRINO & CO.

CAIRO

FAMOUS EGYPTIAN CIGARETTES.

BLUM PACHA

No. 5.

No. 9

$ 4.40 per 100.

3.25

2.00

CONSUL. COLDTIPED... 2.00

Sole Agents:

KRUSE AND

TO LET.

CO.

FROM 1st April next "STONEHENGE“ No. 5. ROBINSON ROAD containing 17 BED ROOMS, WITH BATHROOMS, DRAWING ROOM, DINING ROOM and other conveniences. SUITABLE for a BOARDING HOUSE.

Consignee

with In connection

Apply to DAVID SASSOON & CO. LTD

Consignee

THE ROYAL MAIL STEAM PACKET COMPANY.

THE Steamship

"DEN OF GLAMIS,"

& PORTLAND, The above Steamer having arrived. Consignees of Cargo to send above in their Bills of Lading for count-

From VANCOUVER, SEATTLE

rent.

and which hád thea under enquiry; but if, in caused annoyance. Up to that the opinion of the Magistrate, COMPAGNIE DES MAS. His Lordsbip:-1 am afraid I time the plaintiff had not done so such evidence is sufficient to put

SAGERIES MARITIMES. am a little bit foggy about it. although he had boon reminded. the accused upon his trial for an

NOTICE TO CONSIGNEES. or if the think it is a claim for a printing The defendant was ready and wil indictable offence

8.8. "DUMBEA," ling to pay the plaintif es soon evidence given raises a strong bill.

Consignees of Cargo from Lon- Mr. Harris said that as be had remedied the matters and probable presumption of the was so; $242, balance of the he had agreed and promised to guilt of the accused, then the don ex. as, Medoe & Normand" Consignees of Cargo from Havre September account, and $841 Defendant said that he was also Magistrate shall, by bis warrant, ex, 8.8. Medoc & Breton" Con- the total due for the October ae- prepared to advance him any commit him to prison to be there signees of Cargo from Bordeaux count. He thought, his figures money he needed, like he had safely kept until he shall be ex. se. Ville de Corstantine, are hereby notified were right. They were near been advanced in the past. The thence delivered by due course of enough anyhow. The writ was letter also said that it was not law or admit him to bail as here- Steamer are hereby informed that ersignature, and to take im- issued on November 17. The the policy of the defendant to inbefore mentioned."

| their goods with the exception of mediate delivery of Cargo from defence, was that with regard to embarrass the plaintiff, but to Section 76 of the Magistrate's Optum Treasure and valuables | alongside.

Cargo impeding discharge or the $212, they had a set off $250, assist him in every way. The Ordinance is a re-enactment of are being landed and stored at due for type sold and delivered. only thing left was to make him 11 and 12 Vier O 42 S 25, their risk into the hazardous and remaining on board after 2nd inst That was one defence, but there comply with the conditions, and an Act of Parliament commonly or extra hazardous rodowns of at 4 p.m. will be landed at Con- the Hongkong Kowloon Wharf & signees' risk and expense and de- was another defence there were if he stopped the paper, the con- known as Jervis's Act.

Godown Co., Ltd. at Kowloon livery must be taken from the two defences as regards the $242 tract being a monthly one, they The practice to be followed no whence delivery may be obtained hazardous and/or extra hazardous His Lordship:Your counter would hold him responsible for to when a magistrate is to dia- immediately after landing. Godowas of the Hongkong and claim is not a defence; your whatever consequences might charge or commit an accused ia Optional Cargo will be forward-Kowloon Wharf and Godown counterclaim is simply a counter srice, The counterclaim, said thus stated in Oke's Magisterialed on unless intimation is received Co., Ltd.

br. Harris, was because they had Synopsis (11th Edition) at page from the Consignees before No Fire Insurance whateyor elsim?

Mr. Harris said it was purely a bat two day's notice regarding 898

NOON TO-DAY requesting it to ] will be effected. counterclaim. The second defence the stopping of the printing with- "In Cox v Colerige (1 B. & C. be landed here.

No Claim will be recognised to the $242 was that at the out a just cause. gave notice 50), Mr. Justice Bayley obser-

Bills of Lading will be count-after the Goode have left the interview on October 29 when the that two days from the 15th, be ved, I think that a Magis eraigned by the Undersigned. Steamer or Godown; and all goods Goods remained unclaimed after remaining undelivered on 8th the whole of the Sopember ac- would not print any furtlier. trate is clearly bound, in the 7th inst., at Noon will be subject, inst., at 6 p.m. will be subject to count, except $242 was paid, it The submission of the plaintiffs exercies of a sound discretion, to rent and landing charges. was agreed that the $242 ebould was that there was no agreement not to commit any one unless a All claims must be sent in to All chafed and otherwise dam- be held back by the defendant to give a month's notice. One primo facie case is made out me un or before the 10th inst., or until the plaintiff made some witness had said that it was against him by witnesses anti-they will not be recognized. improvement as he promised to agreed after the paper went a tled to a reasonable degres of All damaged packages will be do in the printing of the paper. month, to give fifteen days notice oredit, Juations ought not, examined on 7th inst. at 10a.m.

Hie Lordship: Therefore you on either side, that was if the therefore, to balance the evid No Fire Insurance has been gay the $242 never became due? defendant did not pay the plain-ence and decide according as it effected.

Mr. Harria: Not duo at all. tiff, or the plaintiff failed to print preponderates, for this would,

8. C. DE BUSSIERRE, Another in fact, be taking upon them-

Acting Agent, His Lordship: What is the the paper properly. consideration of the further witness said seven days after selves the functions of the petty Hongkong 1st Jan., 1814. [1119 the paper had gone a month.jury, and be trying the case; promise?

Mr. Harris said the co sidera-The evidence for the plaintiff, but they should consider whe- tion of the further promise was which was very unsatisfactory, that they should not out his bill was to the effect that every- as they had brought out the paper thing happened between atyping fato, as in August, and that they clerk of the defendant's, and a should not stop him printing the foreman printer of the plaintiff's, had not sufficient type and asked and that apparently the people him to go to the Industrial His Lordship: You let him go who were properly concerned, Institute and buy him some type took no interest in the matter at as he thought the defendant Mr. Harris said they let him all. He would show that the could buy is cheaper than he go on until he stopped the print transaction took place between could. Whereas plaintiff was pay- ing. It was absolutely useless as Mr. Lee and Mr. Looi, personally. ing seventy five cente a pound for a morning paper, the issue of He did not think that his Lord-type, defendant got first, threa November 6 being delivered ship, after bearing the evidence hundred pounds, and later two He wou'd be would produce, would find hundred pounds at fifty cents a on November 7.

defendant that the plaintiff had any right to pound. Defendant paid for the prove that

carrying on with stop printing the paper on two typeabont a month later, although were now

with days' notice. the plaintiff's man took the order the same compositors,

Defendant in the box said that to get the type and the plaintiff exception of the ones they called upon the plaintiff to dismies, and since the enlargement of the accepted delivery of the type, they were getting out every paper the cost of the printing Defendant did not accept delivery morning gs early as any other was $719 The plaintiff said he of the type.

paper.

on?

(Continued on page 10)

To-day's AdvertisementTM

STOCKBROKERS'

ASSOCIA

TION OF HONGKONG,

SETTLING DAYS 1914. Friday,...... 23rd January Thursday 26th February. Thursday, 26th March Tuesday, .....28th April Thursday, 28th May Thursday, 25th Juno Tuesday, 28th July Thursday, 27th August

aged Cargo must be left in Go-

down and examination of same

will be held on 8th inst., at 9:30

&..

All Claims must be presented on or before 11th insti, otherwise they will not be recognised,

JARDINE, HATHESON & Co., Ltd.

Agents. Hongkong, 1st Jan., 1914. [1118

To-day's Advertisement

FOR SINGAPORE, PENANG AND CALCUTTA, (Taking cargo on Through Billa of Lading to Madras and Mauritius), HE Steamship TE

'JAPAN,"

Monday, 28th September Capt. C. P. Seddon, will be Thursday, 29th October despatched as above on SATUR- Thursday....28th November DAY, the 10th inst, at 3 p.m. Wednesday, 23rd December For Further Particulars, apply

By Order of the Committee to get

WWW.G. WORCESTER,

Secretary,

DAVID SASSOON & Co., Ltd.,

Agents.

- Hongkong, 1st Jan., 1914 [1137 Hongkong, 7th Jan, 1914, [1126

MACKINTOSH

& CO., LTD...

'MEN'S WEAR SPECIALISTS."!

CASHMERE SOCKS.

BLACK from $0.7.5 per pair.

COLOURED

GARTERS.

COTTON $0.60 per pair.

SILK

1.25 per pair.

11

$ 1.00

per pair.

PARIS GARTERS

No Metal can touch you

MACKINTOSH & CO., LTD., 16, DES VOEUX ROAD.

WM. POWELL LTD.

NEW RANGE OF ·

BLANKETS

IN

SINGLE BED DOUBLE BED

1:

AND

COT SIZES.

WARM

WARM FLEECY

MAKES.

RAGING SEASON 1914 STOPWATCHES and BINOCULARS)

OF THE VERY BEST MAKERS ARE ALWAYS STOCKED IN LARGE VARIETIES

ALL WATCHES SOLD BY US ARE FULLY GUARANTEED.

OPTICIA

TWELLERS, WATCHMAKERS & J. ULLMANN & CO. Corner of FLOWER

THE

STREET, A

ANDERSON MUSIC CO., LTD.

(Formerly Messrs LANE, ORAWFORD & Co's: Piano Dept)

THE

BEST

SOLE AGENTS

FOR

ENGLISH

& GERMAN

PIANOS of QUALITY.

NEW

FRESH

ALL SPECIALLY · PREPARED.

SONGS & SHEET MUSIC

EVERY MONTH.

STOCK OF VIOLIN "STRINGS ETC.,

JUST ARRIVED.

6, DES VEUX ROAD, CENTRAL,

(TELEPHONE No. 1322.)

ERVEN LUCAS BOL'S

FINE OLD GENEVA & LIQUEURS

Are World Renowned For Their

Purity and Quality.

SOLE AGENTS.

CANDE, PRICE

CO. LTD.

WINE MERCHANTS.

6. Queen's Road Central, Hongkong,

TELEPHONE No 135

Page 5Page 6