1914-03-05 — Page 10

GERMAN FIRM SUED.

Argument on Interesting Points.

THE HONGKONG TELEGRAPH THURSDAY, MARCH 5, 1914.

CORRESPONDENCE.

The opinions expressed by the correspondents are not necesE+ arily those of the "Hongkong Telegraph "]

, ||

SCOUTS,

A

(To the Editor of the "Hongkong

Telegraph.")

In the Summary Court, this morning before Mr. Justice Gom- portz the Wing Tai Loy firm, ST. JOSEPH'S COLLEGE BOY sued Bume and Reif_of_12,--Des Vreur Road, Central, first floor, merchants, for $157.50 being the amount of damage sustained by tho plaintiffs by reason of the failure on the party of the defen dants to deliver to the plaintiffs two cases of elastic web, being the balance of the three cases sold to the plaintiffs by the defendanta under a contract dated February 26, 1013.

I.

Mr. R.C, Faithful appeared for the plaintiffs and Mr. Lowie, of Meeers. Julinson Stokes and Mas- ter, appeared for the defendanta. Mr. Lewis said there was, be thought,

a preliminary point, which he would like to take, that might dispose of the case.

Mr. Faithful thought this point was waived?

Mr. Lewis said the csa was fixed for February 3, but is Lordship had intimated that he would be unable to go on with the case owing to another eng- agement. Mr. Faithfull wuld correct him if he was wrong, but he understood that Mr. Faithfull had told Mr. More before that hearing that he was propared to go on on that point of his and not on the general merits of the case. Certainly the point bod not besu waivod.

FOST OFFICE.

The Lisgehow, with the mails from London la Biberia) of Saturday the 14th ult, is due to arrive here to

morrow.

The Kumano Maru with the American mall ax Manchuria is due to arrive here on Monday the 0th inst.

MAILS VIA SIBERIA.

Laft London Fob. 14

41

SHIPPING NEWS.

ARRIVED.

Ceylon Maru, Jap. x.. 9,142, Noguchi, 5th inst-Moli, 28th ult. Gen.-N. Y. L Chonan, Br. as 1,355, L. Jones, 4th inst. Shanghul, 1st insL, Gon.-B, and B. Hikosan Mam, Jap. am. 2,302, Suzuki, 5th

Milka, 27th ult., Coal-M. B. K.

a. 5,661, G. M.

Due Shanghat Mar. 2.

Khiva,

Sir-May I trespass on your valuable space to acknowledge the following additional donations towards the fund we are raising MAIL ARRIVED TO-DAY, for the erection of a Hall for the German, P. E. Friedrich Boy Scouts and the Body Guard in connection with the abwa. The need for such a building in giborian, Liangchow, 6th lost. very great and I have much American, Kumano Maru, 9th Irst. pleasure in thanking all there. who have so kindly forwarde

MAILS DUE.

MAILS CLOSE TO-DAY,

WEATHER REPORT.

On the 5th at 11.35.-A. fsable antley. |clone je central between the Bonina and

central Japan

Depressions lie to the north of the Yang tao Valley and over Tongk15..

Moderate 8. winds are Indicated over the N. China Sea.

Hongkong Rainfall for the 24 hours ending at 10 am, to-day, 0.00 Inches.

FORECAST FOR THE 4 HOURS

Mail Steamers

THE PENINSULAR AND ORIENTAL S. N. CO.

ENGLISH MAIL.

Bruk London Ma Montford, ENDING AT NOON TO-MORROW. WILL despatch VESSELS to the Undermentioned PORTS on or

5th)

P. and O. S. N. Methilde, Ga.. 891, G. Schladkier, 5th

inst-Hollow, 4th last, Gen.----| J. and Co.

PE. Friedrich, Gor. a.. 4,81%, C. Mundt, 5th in Singapore, 23th ult., Gen-M. and Co. Suisang, Br. x.. 1,760, 5th last-Wolhai-

District,

Steamers

about the DATES named ***** For LONDON, vis Us-) India

ual Ports of Call Capt. 'O. C. Talbot

Forecast.

E. winds,

qually, icloudy.

R.N.R.

some rain.

LONDON & ANT-

TS. W, or

WERP viaSinga- | Nile

|1 Hongkong sad Neighbour | moderate;

hood.

variable winds, Jaqually.

wel, 27th Feb., Gen-J. M & Co. Formons Channel.... Telemachers, Br. a. 1,359, Frazer, 5th inst-algon lat inst. Rice- Chiness.

13 South coast of China be- Theme tween H.K. sad Lamocks as No. 1. 4th Inst→Karstau, 26th ult. Coal 5 Bouth coast of China be-) The same O. S. K. →

woon H.K and Hainan... as Nok

their donations and beg to state swatow-Por ANGHIN, 5th Inst. 5p.m. Yerimo Maru, Jap. a.. 1981, Sunukawa, that we still require a large sum to meet the requirements.

Donations will be most graic fully received by either assistant Scoutmaster . E. Roylance, Peak Tramway or myself and acknowledged in these columns from time to time.

Yours very sincerely

A. J. EDWARD.

Scoutmaster.

Amount previously acknowledg ed $700. The Tai On Company $50.

Collected by Assistant Scout Master G. E. Boylance (First list):-

H. S.

L

E. P.

Mr. Faithfull said a day was fixed by bis Lordship for "bearing the arguments on the point and when the case came ou his Lordship wan otherwise engaged in Full Court, His Lord- ship said the matter would have to go over and the matter went into the list. When it came on, the point was nevor raised and his friend said he would go on with the action,

.

dloesn't

His Lordship-It constitute a waiver does it?

Mr. Faithfull suid he thought it did. The sum of $22.50 had been paid to the Registrar.

Mr. Lewis said the sum had been paid in regard to the second case hat the defendants denied liability to deliver such goods in accordance and com. pliance with the contract.

Hié. Lordship esid (they didn't reserve any point: they were admitting liability in regard to the second case.

Mr. Lewis said the point had never been waived.

His Lordship said he dot remember the point being waived.

Mr. Faithfull said that his answer, then, to that was that the notice sent to the Registrar and the paying of money into Court aper- ated as a waiver. If they objecteri to the jurisdiction of the Court to hear the casa they could not} pay money into Court, They could not make any interlocutory payment. Tuat Court had no right to hear the case if the jurisdiction of the Court was onsited.

His Lordabip said that had the money been taken out of Court, that would have been so, but it was not taken.

1

A. Scout...

*

$10 10

**W

5.'.

5.

5.

Mr. Dobbia... Lamkin Ammir Mr. MoHardy H. D. Tugon G. E. Eskin Monrogue Ede Esq

F. Jenkins Esq H. K. B....

Dr. Labb....

A. Sympathiser

II. K. B....

Mr. Fitzwilliam

3. ..3,

Joase,

... .. 3.

TA

P. Hodgson Esq., .....3. R Sutherland Esq., ...2. A. Ty,

...2.

....... ...2. ..:2. ...2...

+

...2.

A. Sympathiser,

H. K. B., H. K. B.,

W. H. B., H. K. B., T. LE.. W. N. E., A. Friend,

R. W Heygate,

Joy,***** Wong, Jtownsend,

O. E E J. G. M., C. R. B.,

"-

I.K. B., an

R Kelsey,

1, A. Gale,

F. H Shand,

G. Cookes, H. K. B.,

H. G. H.,..........2. Smaller Donations, 5 Total to date......

$948

"Indait owing so much and you Mr. Faithfull replied that they have no right to sue me; you could take the money out of capot say these two things at the Court whenever they thought fit. same time.

If he had taken the money but

:

1

Mr. Lewis said the plaintiff was of Upart the defendants might wrong in coming to that. Court say that he had taken that in and he was prepared to fight the actilement and since he had taken point. If his Lordship was against

further costs of arbitration.

TO-MORROW. Swatow, Amoy and Fooohow-Por HAI-

TAN, 6th inst., 10 n.m. Japan via Nagasaki-Po: AZUMASAN

MARU, 6th inst., 11 mm.

EJapan ។

5th March, a.m.

Winds

China Coast Meteorological Registor.

!*

· DEPARTED,

March 5. Choong Shing for Canton

Station.

via Moli and San Fran cisco-Por THODE FAGE- LUND, 6th just.1 ..

Straits, Burmah and India via Calutta Hajmun for Swatow

PerOEYLON MARU, 6th inst. *4 p.m.

Japan via Yokohama---Por YATSHING,

6th inst., 5 p.m. Shanghal, North China, & Japan via Kobe -Por KHIVA, 6th inst. 5p.m.

SATURDAY, 7th Mar. Bhanghai and North Chinn-Per RAD-

American

Canadian

& Siberlan

NORSHIRE, 7th inst., 10 am,

Shanghai & North China, Jap. via Nagasaki, Honolulu, Can- da. United, States, 8, Ameri- can, via San Francisco (Europs via Siberia). Per CHIYO MARU, 7th inst., 11a.m. Philippe IsYUENSANG, 7th inst..

1 pan. Straits & India -via ́· Caloutta. —Par

LAIBANG, 7th last., 1 p.m. Jesselton, Kudat and Sandakan-Per

BORNEO, 7th Feb, 5 p.m.

Siberian

Mail.

Shanghai, North China, and Tsingtau, (Europe via Siberia) -Por OHENAN 7th Mar 5 p.m. Shanghai & North China-Per KWONG

BANG, 7th Inat. 5 p.m. Swatow & Tiontain Par CHEONG.

SHING, 7th inst. 5 p.m.

SUNDAY, 8th Mar. Swatow-Per HAIMUN, 8th inst.9 à‚x

MONDAY, 9th Mar. Swatow, Chefoo and Tientsin-Por HUI CHOW, 9th insp Bhanghal & North China---Per WOSANO

9th inst. 5 p.m.

TUESDAY, 10th Mar. Swatow, Amoy and Foochow Per HAI.

YANG,10th Mar., 10 a.m. ̧ Shanghai North China Japan Myla Moji Victoria B.C. Beattie Wash-Per SADO MARU. 101"inat, 10a.m.

American

Canadian

Fierch

Mail..

Kwang Lee Canton Wonchow for Amey

Clara Jobson for Bangkok Chipshing for

Tientson for Tiontain Felching Huschow for Centon Chunghus for Tientsin Namsang for Kobe Kiangtung for Macau Kucichow for Tlontsin Hanoi for Halphons Daijin Maru Tamaui Yamato Maru for Chin-wan-too

CLEARANCES AT THE

HARBOUR OFFICE.

March 4. Empress of Japan for Vancouver Chenan for Canton Hopsang for Hengay Goblenz for Kobe Tubingen for Yokohama

March 5.

Anhui for Shanghai Chinhua for Manlle

PE Friedrich for Yokohama Kumohow for Saigon Kwong Sang for Cauton Khiva for Yokohama

FASSENGERS ARRIVED.

Hour.

Barometer.

Temperature.

Ба 30.01

Wostock 78 29.85 32 Nemuro Hakodate

Hankow

* 15

JUNH

D'tion

Force.

Weather.

pore, Penang, Capt. H. Powell Ombo, Port Said,

& Marseilles

SHANGHAI,Y

ti

MOJI, KOBE Khiva AND

YOKO, [Capti M. Montford HAMA ........

SHANGHAI.................

R.N.R.

Devanha

Capt. W. R. Hickey

To Sail On Remarks

noon

Freight

14th Mar.

&Page

about

18th Mar,

Freight &F'sage

Freight

5 a.m.

7th Mar.

about

12th Mar.

& Frage

Freight

& Peage

All the above steamers are fitted with Wireless Tolography.

For Freight, or Passage apply to

P.&O. S. N. Co.'s office,

Hongkong. 5th Mar. 1914

For

NAPLES, GENOA, AL-`

E. A. Hewett,

Superintendent.

20.81 44 02 88Gʻ

NORDDEUTSCHER LLOYD.

fi

BREMEN,

* IMPERIAL GERMAN MAIL LINES

To sail on

WEDNES, 18th Mar. 10 a.m. THURS.,

5th Mar. at midnight.

SATUR,, 21st Mar.

9 am.

About

THURS

04

Tw

2

30.09

RO 1

Tokio

30.16

30.15

www

30.09

·TED

Oshima

Ashima

30.13

30.08

Naha

30.07

eso 12

Ishi'ilma

20.99

50

Bonin le

90.14

aiwei

г.

Ishaug

Klukiang Changsha

29.70 65 70

29.74 55

11

20.84 56

a

0.0

20 ? OV

Steamers.

Sharp P. 70

60

Amby

€6

20.92 63 83 188

Ewatow

20.01 63 94

0 o

Talboku

50

20.03

GIERS, LIBBON, Kleist SOUTHAMPTON, Capt. L. Mauss · A'WERP & BREMEN,,

17,000

Talahn

29.93

Taluan

29.04

SHANGHAI,

де

H

Koshun

29.92

TAU,

»

'dorea

20.90

Canton

ba

29.83 67 95 Be

TSING-】 Prinz Eitel Friedrich KOBE AND Capt. O. Mundt УОКОНАМА

16,000

H'kong

EA

29.84 66 07.

Gap Rook

29.83

3 b

29,80 66

650

1 of

9 29.79 67 90 ene

40

**

2 of M'LA, YAP, MARONN, NEWGUINEA, BRIJ- BANE,SYDNEY AND MELBOURNE ...

►Coblenz ·

Capt. L. Klugkist

6,750

6 29.73 70°.

29.82 72

6 dh

Coblenz

BEY

ра

40

KOBE

29.89 75

Capt. L. Klugkist

one

£ c

29.92 71

凸

1 b

6,750

29,92 71

0 b

29.90.73

ana

20

110

2 b.

JESSELTON, KUDAT & | Borneo

SANDAKAN

5th Mar. SUNDAY,

Capt. J. Koehler

8th Mar,

20

9 a.m.

Wuchow Pat hot Per as Chenan from Shanghai on the Rolhow 4th-that Dr and Mrs Suits, Captain Phulien Ehrhardt, Hope

Tourane Per P.E. Friedrich from Algier etc. O. Bt. J. on the 5th inus Mr and Mrs D Clark, D Aparri Berardi, Don M Optozio, O Hechtel, Miro Manila WH Burgess, Mr. Murphy, Dr and Legaspi Mrs Fr Wilson, Mias Wilson, Miss Wil Hollo cox, Lloydarzt Dr Rienecke, F Gutierer, Bacolod Mr and Mrs D Krezzechmor, Miss Cobu Yalentin, Mrs von Frege

Parmar, Musch

Dr Fulhaber, Mrs F Coorg Wagner, Labuan WP Misol

Mrs Fred R Stryker, Capt A A Higgins, Fred Stryker, Mius

EWI

Sa 29,90 82

29.06 85

華

20,90 82

ם:

T. F. Claxton, Director.

ilkinson, Mr Mabel Tuchoras, Hongkong, Observatory, Mar. 5th. Mrs BF Funk, AU. Peterson, bir aud 1 Barometer, reduced to 32 degrees Mrs Kinderlent, Mr and MrsT P. Williams, Fabrenheit on the level of the sea in in-

and Mrs HP Arnow, Mira W Gunn, bes, tenths and hundredths. ME Saigon, Straits, Caylon, Ade-M E Taylar, Mrs Adah i Pence, Misass laide,

Westard, Australia, In-Av 8 de

P de Fadt, Fahrenheit.

Dr Kittieson,

da Toztat

dia, Aden, Egypt and Europe Mestrand, KWF

3 Temperature, in the shade, in degrees

vis Marseilles (Late Letters RB Burke, Y Buso, Ng Chis Vo, Mr and the Humidity of air saturated with mois 3 Humidity, in percentage of saturation, to Noon, Fatra Postage 10 Mrs EW Authuny. Scott, O'Cremplow, being 100, cents). Letters

posted in all

Emile Fhunds, Curter, E Wilkes, Mr

Direction of Wind, to two polats.

the Pillar Boxezin time for the Austin, Mrs Ulark, Capt and Mrs Cald- first clearance will be incluted well, Cesil Aurell, Piira, A Bazson, F

5 Force of Wind, according to Beaufort in this contract mail)—Por] Faiks,

Scale: NERA, 10th Mar 11 a.m

Per ss. Ehiva from London ate on the State of Weather, b blue sky, a do Philippines. Por TAMING, 10th inst. 35th inst.- Si Amory, Mas W Y Rebars-tached cloud, d drizzling in, flog, g

pam.

son, B Hichards, Mr and Mrs Bailey, gloomy, h hail, I lightning, a overcast, p and Shanghai,

Noth China-Per HL Holloway, Lt Col A B and Miss Clot-passing showers.q aquaily, z rain, snow, LIANGOHOW 10th iust. 3 p. tell, Dr D Loughted, Dr A E Malone, Dr thunder, visibility, w dow wet.

†P L Gibson, DJT D Higgins, Dr A AJ ♦ Bain in laches, tonths and hundredths WEDNESDAY, 11th Mar.

Tozer, Dr UFPage, Eng UH Hammond, Straits & Ceylon-Fer HIRANO'MARU, Ur A Patterson, Mr and Mrs Wallick,

11th inst. 9 a.m.

Mrs Britz, Mia Nickering, Mr and Mrs Cornell, Dr 8 Altan, Mr and Mrs Cooper.

',--་

..

Japan vin Nagasaki For TANGO

MARU, 11th Just, 10 a.m. Swatow-Per HAIMUN, 11th Inst. 10 a.m

Austral-;

Philippine lalands, Australia, Tasmania & New Zealand via Port Darwin-Per KUMANU MARU, 17th inst. 11 a.

1

PASSENGERS DEPARTED.

Pur ss. Note for London on the 4th JustA Uroas, W Hoath, Mrs Fowler, Mr D and MrsTempleton, T S Matthews, 8J Hille, Mcs EJ Humphries, Mr

and! Mra RV Ratter, Mrs WG Worcester, Mies

P Keith, Mr and Mrs KJ Chapman, Japan' via Moji--For BANRI MARU. M M C Hexuey, Mrs AM Kells. Mr Shanghai.

12th inst., 10 a..

WG Worcester, E T Walton, Mr and and. North China-Per Mrs J W Broseley, E M. Tozor. LUCHOW, 12th Inst., 3p...

THURSDAY, 12th Mar.

FRIDAY 13th Mar.

OHING, 13th inst., 10a.m. Philippe Per RUBI, 13th inst. 3 p.m

it they had no further liability him it was foolish to inour the Swatow, Amoy and Fooshow -Per HAI- Plaintiffs had a farther claim in regard to the third case of elastic. The Court had no jurisdiction to take the money if it bad 'no juris diotion to hear the case.

Mr. Lewis said that it was

other step in the action.

His Lordship: I always thought myself that the matter was outstanding. I have never heard anything about this money being paid into Court.

His Lordship finally decided to

quite clear that he had to take hear the point first and said if he the objection before he took any found that Mr. Lewis was wrong! His Lordship-While the obe would of course rule against jestion is existing have you any right to pay money into Court? I don't think you have.

Mr. Lewis said this was not Original jurisdiolion, it was a Summary action and the prossed- ings were much less formal than in Original inzigdiotion; then the amount was trivial.

His Lordship-Suppose I find for the defendant for the amount} paid in ?

him.

This case was adjourned until Monday.

SILIMPOPON GOAL.

BUNKERS

SATURDAY, 14th Mar,

English

Mall,

.to

10

Straits, Burmah, Ceylon, Ade lalde, Western Australia, India, Aden, Egypt, and Europe via Brindisi. (Late Lettera li a.m. noon. Extra Postage conta) (Supplementary mail on board up to the time fixed for departure of

The mall (Extra Postage.10 centa) (Letters posted in all the Pillar Bozan in time for the first clearanco will be included in this contract mail)The Paros! mail will be closed on Friday the 13th inst., 3 F. Per INDIA, 14th inst 11 o..

Philippine Islands Por LOUNGSANG,

Siberian

Mail.

14th inst., 1a.m. :

Shanghai, North Ohias and Tsingtau (Europe via Siberia) -For YINGCHOW, 14th Inst. 5 p.m.

Oysters, Fresh, Fried or Stewed Findon Haddocka, Kippers &c.

ALEXANDRA UAFE..

METEOROLOGICAL.

Previous.

Day On date On date

'B.

Baromater...2 Temperature. Humidity......... Wind Direction ....... Force Weather, Rain......

29,96 -70 79

20.84 29.79

E

77

SSW

72

0

last open air Temperature on the,ith

Lowest

堂

נו

HL.E. Observatory, 5th Mag

1. FOLAXTON, Director.

Mail S'eamers

PACIFIC MAIL S.S. CO.

AMERICAN MAIL LINE TO SAN FRANCISCO

Via Shanghal or Manila, Nagasaki, Inland Sea, Kobo, Yokohama and Honolulu.

THE SUNSHINE BELT

··Operating the following steamora

MONGOLIA, MANCHURIA, KOREA, SIBERIA and

NILE, CHINA and' PERSIA. Some Features of Service: Electric Fans, Swimming Tank, Orchestra, Amusements, Wireless Telegraph, Bubmarine Bignal Bervios and Bligo Koels.

Cuisine under personal supervision of Mr. V. Moront, one of the World's most famous caterers, emp

Retain portise of round trip tickets, armboys, available for Pasinge Via C.P.R., din VancouYOT Through Passengers havithi Privilega of Travelling by Rall between: ports of Kobe, and

Steamer:

can be supplied chrap Reats,

}

F

(To make connection with the Tsingful train leaving Shusghai on Thursday, the | 19th (rat)

Mr. Lewis Then I am entitled to my chata.

|China.

at

His LordelipI am not sure SANDAKAN

you are...

A SEBATTIK (British North Borneo).

- Mr. “Lotrie :—As regards the At these ports steamers osil

amount I have paid in I admit liability.

His Lordship Then you con- not prefer your objection. You cannot gay, in these proceedingg

ing for bunker coal exolusively are exempt from all shipping dues and charges.

A, BUNE

TUESDAY, 17th Mar, Philippine Islands For TIAN, 17th

Inst., 3 p.m.

WEDNESDAY, 18th Mar.

"Straits,” Bermak, de Ceylon

10,200 tons, Sailing, Sat, 14th Mar. at noon. Hongkong Manila Service.

From KONGKONG, P Leave

Hoogkong.

Mar. 14.CHINA. Mar.. 31...NILE

Anive Martia

From MANILA...

Lear

Mundia

24, Hongkongy Mar. 16. Mar. 3......CHINA.Max. 4 5. ZainApr, 2.. | MAR. 18......MANCHURIA...Mar. 14.

Adelaide, Western Australia, King's Butiding (opp, Blaks Pur). India; · ́ ́ Aden, Frypt and Europe)...via Naples Por 'ELISST, 18th lost. 9 4.0,

R. C. MORTON.

All the steamers of the European Line are fitted with Wireless Telegraphy. New System of Telefunken.

FREIGHT

LINE.

NEXT SAILING FROM HONGKONG.

Tuebingen Gernis.

OUTWARD.

About

About ... 5th Mar. Norderney

.......L3th April ..16th Mar. Helgoland.. ...........27th April. Sigmaringen.........30th Mar. Borkum...............11th May.

HOMEWARD.

For Marseilles, Rotterdam and For Havre, Emden & Hamburg

Bremen/Hamburg:

Mark about 10th of Mar.

For Havre, Enden and Hamburg/

Brémern:

Coettingen about 28th of Mar.

For Marseilles, Rotterdam and

Bramen/Hamburg:

Bremen:

Gernis

about 5th of May.

!

For Marseilles, Rotterdam and

Bremen/Hamburg: Sigmaringen about 16th of May, For Havre, Emden and Hamburg!

Bremen:

Tuebingen about 18th of Apr. For further Particulars, apply to

Norderney about 1st of June,

NORDDEUTSCHER LLOYD

MELCHERS & CO.,

GENERAL AGENTS, HONGKONG and CHINA.

Hongkong, 5th Mar,, 1914.

MESSAGERIES MARITIMES

FRENCH MAIL LINES.

FORTNIGHTLY SERVICE TO AND FROM JAPAN via: SHANGHAI

FORTNIGHTLY SERVICE TO AND FROM EUROPE via SUEZ CANAL.

For SHANGHAI, KOBE AND

YOKOHAMA

|

MARSEILLE via PORTS:

To sail

9th Mar,

23rd Mar

5th Apr.

f 10th Mar,

"Steamers Amazone. Atlantique, & Paul Lecaté Nera Australlen

24th Mar, Chilly 17th Apr. ALL STEAMERS FITTED WITH WIRELESS. Transhipping on the Co's Steamers at Colombo, for Caloutta, Bom Australia, at Port Baid for the Levant, Constantinople and Black Sea.

Through Tickets to London via Paris by zail Circular tickets to Europe via Sue and SIBERIAN ROUTE delivered here to

sendo alu plnou For further particulars apply to,

8. C. do BUSSIERRE

Acting Agent

Printed and Published by the Proprietar, Dr. JW. Noble

Lae House Street, in the City of Victoria, Hongk