1915-05-11 — Page 8

EUROPEAN'S CLAIM.

A HONGKONG Ɑerman WHO BECAME "NOTORIOUS,"

Ship's Officer Sues for Wages and Damages.

THE HONG KONG TELEGRAPH.

similar to the defendant company, would only be bound by express agreement.

His Lordship-Is not that for me to decide? Anyhow I will take your point,

Mr. Shenton: No, I do not think so.

In the Summary Court, this Mr. Gardiner -Perhaps he morning, before Mr. Justice will give you judgment now my Hazeland, G. W. Ellis, a Master Lord. Perhaps he will give you Macinor of the Sailora' Home, his decision on this case and save sued the Phranang Steamship your Lordship a lot of trouble" Company, 20, Des Voeux Road (laughter)? Central, for the sum of $472,50 being $247.50 for 33 daye salary Barned and as to $225, the balance thereof for damages for wrongful diemisaal,

EXTRA

HONGKONG, TUESDAY, MAY II, 1915,

TELEGRAMS.

14

OBITUARY.

(Reuter's Service To The Telegraph."

May 10. 6.20 am: The death is announced of Major General H. R. Abadio.

}

TO-DAY'S

LATEST WAR TELEGRAMS,

The giant plainsman now opened his heaviest attack, and in the next four rounds fairly took the fight out of the black man's hands and toppled him over with rights and lefts to the body and the face. The 26th round opened with Willard smashing Johnson's body. The referee forced the men to break away, and immediately afterwards Willard rashed in and knocked out Johnson with a terrific swing to the jaw. Ba andden was this denouement that the crowd was almost as much dazed as Johnson himself. Up to the moment that the final blow was delivered Johnson had shown but few marks. His fighting, however, had alawed down and he was tiring perceptibly.

GERMANS TAKE NO BRITISH PRISONERS. DEFINITE STATEMENTS BY DUTCH JOURNALISTS. Founder of Lumsden's Horse

Wounded Shot In Cold Blood.

May 11, 1.05 s.m. Dead. May 10, 8.25 p.m. The Press Berean publishes a declaration by Mr. Martin, The death has occurred of Col. editor of the Rotterdamsche Nieuwsblad, and Mr. Van" Ditmer, Mr. Shenton-My friend has

Rotterdam journalist, reproducing statements made to them on already taken Mr. Milroy's deci-D. M. Lamsden.

[Col. Dugald M'Tavish Lums-esparate occasions, by three German deserters; whose names, regi- sion.

Cross-examined by Mr. Garden O.B., was born at Peterhead mente, companies, etc., are fully given. They all said that the regiments under Prince Rupprecht bad received diner, witness said he was only in 1851. He was appointed to the Bavarian the superintendent of the Sailors' Assam Valley Light Horse, 1900, formal orders to make no British prisoners. The order existed exola- Home when the articles were and raised Lamsden's Horse, sively for the Bavarian army. Soldiera contravening it were severely punished. Prisoners thus taken were not sent to Germany but were signed. He had never eat as which served in South Africa.]

brought back to quarters, their hands bound behind their backs and Judge, cr Marine Magistrate, since he held his present position.

their eyes bandaged, and were shot under supervision of theofficers. They were not told that they were going to be shot, They were Mr. Shenton said, that Captain There was no arrangement, local-

mostly wounded men. The desertera gave full details of several Milroy was a very busy man andly, to pay men daring sickness

auch abootings together with the names of the officers present. One younger man German asked leave to put him in the box

deserter bad himself, shot five British prisoners, though he disap at occe.'

proved of the order,

Mr. J. H. Gardinor, appeared for the plaintif, and Mr. Shenton, of Mosers, Deacon, Looker, Deacon and Harston, appeared for the defendants.

With

when on shore. In the employ of Jardine Matheson they had to His Lordship consented.

bave a year's service in before Mr. A. A. H. Milroy, Deputy Su- being entitled to that con- perintendent Mercantile Marine sideration. As for Butterfield Officer, said that in that capacity and Saire, a man received bie be exercised the powers of the wages and hospital expenses Harbour-Master, subject to him if he was a good man. in case of doubt. Under the regard to the China Merchants be Merohant Shipping Act he had did not know. The Douglas judicial towers under sections 130 Company paid. There was no and 137 The articles in this question as to the plaintiff being ase had his certificate on them.Biok. He did not know that These articles were from January "M.C.", meaning mutual consent, 11 to June 30, and was a rupping was entered by mistake. A man agreement. It was an engage going off sick, had, to fill in a ment for the period subject to special form whether he went to twenty-four hours notice. One hospital or not, because if a man signing on was sufficient for many went to an hotel and died, they trips. On March 13, the plaintiff would have to send the form expressed to sign off by mutual Home to the Board of Trade. The consent. When a man signed off plaintiff said he had a touch of by mutual consent be waived all lumbago, and he would remain claim against the ship.

bebind for a trip.

His Lordehip:-Is that by authority?

Witness:Yes.

F. Reichmann, proprietor of the Grand Hotel said he remembered the plainliff coming to his hotel. His Lordship-The one queson March 13, and he stayed until tionis whether he was discharged. April 10. Mr. Ellis was sick in Mr. Shenton :-My caso is when his room for four or five days be you sign of under the Merchant fore he left. Plaintiff had a very Shipping Act that ends all claims. light diet of milk and soda. He Mr. Gardiner:-All future complained of not being able to

eat any food. Mr. Shenton-We can argue Mr. Shenton :--I am sure your that. præently, witness said that fond Mr. Reichmann ought to be as far as these articles were concordable

to appetise anybody ed, Mr. Ellie had no further claim (laughter), That would include any verbal Mr. Gardiner said that closed arrangement previonely made.

the case for the plaintiff.

claims.

Mr. Gardiner:-That he cannot decide.

Mr. Shenton:-It comes before

Mr. Milroy.

Mr. Gardiner :-Well we chose

Mr. Shenton said that the entry in the official log to the effect "Me Ellis signed on sick leave to re-

Mr. Gardiner :-A gentleman who made himself rather notorious.

Mr. Shenton:Rather unneces-

Bary.

יד

1.

Mr. Gardiner :-That's the British Company is it very good. Witness:-Mr. Humphreys is. a shareholder there too.

Mr. Shanton:-Mr. W. G. Humphreys has been registered as the holder of Mr. Bune's shares. Mr. Gardiner :-As liquidator. His Lordship:-There is no relevancy.

Mr. Gardiner-Do all the respectable firme pay their men when sick.

Witness:-No.

Mr. Gardiner-I said all res pectable firms?

Mr. Shenton: Is Jardines a respectable firm?

Mr. Gardiner: They pay after twelve month's service.

pay

Mr. Shenton: After a year." Witness-Companies do not

GERMAN APOLOGIES TO HOLLAND..

Ship Sunk By Mistake.

May 10, 10.20 p.m. Reuter's correspondent at the Hague reports that Germany has informed the Netherlands Government that the Katwyk was soak

Aa Willard left the ring he said: "I was never hurt or in any danger at any time." John. son merely remarked:"I have no excuse to offer. A better and bas taken the championship title."

Nall that Now, and Nall it Hard, The following is another so- count by Mr. W.H. Rocap, Sports Editor of the Public Ledger..

by a German submarine in mistake for a belligerent. Regret is ex-shown a cable from Philadelphia pressed and compensation is offerred.

PARIS COMMUNIQUE.

A BIJ FRENCH SUCCESS..

May 11, 2.5 8.m

A Paris evening communique says-North of Arras we main trined all yesterday's gains notwithstanding several German counter- attacks, and we progressed at several points, especially between drency and Soucher. The total number of prisoners, up till three in the afternoon, exceeded three thousand, including a colonel and forty officers. We caplared, yesterday and to-day, ten guns, and fifty machine guns.

German attacksat Borry an Bac and Bois le Pretre were repulsed

A. J. Gordon, superintendent of the China Manila Steam Navigation Company said two of their ships, the Rabi and Zafiro had recently been sold and had the

"

GERMANS REPULSED FIVE TIMES.

Enemy Sustain Heavy Losses

May 10, 10.5 p.m.

Field Marshal French in his report states that the Germans to east of Ypres made five unsuccessful attacks yesterday.

The German losses through these failures were very heavy. There has been only an artillery action in front of the first

received instructions; to engage officers and crew to take those ships to England. A number of srmy to-day. applications for the purpose of selection were handed in. Among those who applied for the positions and appearing on the list, was the name of the plaintiff, Plaintif applied for anything that was going. He certainly treated

THE GERMAN EXCUSE FOR THE LUSITANIA. PUTTING THE BLAME ON BRITAIN. Loss of Americans Regretted.

A German official wireless message to the United States Gov

join when recovered" was made Mr. Ellis, as applicant, ernment exprezes the deepeat sympathy with the loss of the Ameri-

22

LANGKAT OUTPUT,

Mesars. Wright and Hornby advise us that the Langkat output for the current month is as follows:-

May 1

9

Tone 342

379

321

360

330

989.

362

357

356

419

Total to 10th inst. 3.627 Daily average 362.70

Prior to the Jeffries-Johnson fight in 1910 the public had been decided as to Jeffries' real condi tion, only a few. bavin been allowed to see the former cham- pion stripped. The writer has given the real facts concerning Havana, April 2-Nail that the coming world's battle ag now and nail it hard" exclaimed viewed by him and the fight fans Willard had his fiask boxing Jack Johnson to-day when he was can draw their own conclusions. reading:"Have heard persistent tryout this afternoon. He went rumours Johnson may lay down to nine rounds with his trainers and gave a splendid exhibition of Willard. What does he say?"

The big black's eyes flashed footwork. In an excellent finale he and the or-like muscles in his big dropped Monahan with a straight, arme twitched sa if he would like left to the chin and a second to throttle the man who dared later, when he had regained feet, shook him up suggest such a thing. "There his

"be con body, Willard and bia assistante isn't enough money in the island with a smashing right to the of Cuba to tempt me, tinued. "I expect to retire as all were glad that the work was undefeated heavy-weight over and from now on the cow- the

can't make that any too strong." champion of the world. And you boy will merely take light exer- At 6 o'clock Johnson boxed Willard has decided on this

with his sparring partners in the course in order to safeguard his stadium while several moving arma and bands. He is determined picture machinee recorded bis not to enter the ring on Monday every "movement. There was with any bruises or broken bones. plenty of action in the perform-Mike Gibbons, the Bt. Paul was an interested ance, but at the end of 30 minutes wonder, the champion was bathed in per-spectator at Willard's exbibition spiration from head to foot and to day and took several snapshota was breathing herd," indicating of the fighter's fast work. Gib bons was particularly impressed with Willard's loft jabe and pro- nounced the cowboy aspirant for the championship as a wonder.

his lack of endurance..

He exhibited wonderful skill, however, in blocking his partner's leads and used excellent judge

After Gibbons had sson John- ment in measuring his mappy jabs, counters and appareats. A son's workout he declined to put orowd of more than 3,000 men himself on record concerning the Pro- Mr. Shenton: Mr. Milroy

and women, the great mejority champion's condition and the

exercises judicial powerą,

fashionably dressed and opupy bable result of the fight." Mr. Gardiner :-That is for his without defendant's knowledge or He would have taken Mr. cans in the Lusitanis, but says that the responsibility, however, ing their own automobiles, cheer should be a great fight," he said. "That's why I brought Mra, Gib Lordship to decide.

consent, after the writ was issued, Ellis because he recommended rests with Britain for forcing Germany to retaliate and, having ed the exhibition.

Johnson is echeduled to box bone all the way down here to see after it was passed by the Marine him very strongly to Butterfield British vessels armed to ram aubmarines...

Americane this morning were The message also asserts that the Lusitania carried 5,400-csson: Sam MoVey six rounda to-morrow {it." Officers and a proof had been and Swires. He recommended taken. It was a most improper Mr. Ellissa a chief officer although of ammunition, and regrets that the Amerianus trusted to English in a final workout and it is ex-

"pacted that every one now in given a taste of a Cuban incipient. to bring it here.

thing to "fake an official log he did not apply for the post of promises of safety rather than to German warnings. Witness said it was not neces-under these circumstances when chief officer. He was one of the

Reuter's correspondent at Washington reports Count Bernstorf Havana for the fight will take cyclone. The wind blew an 80- to see the big fighter in real whipping down trees in the sub- sary for Mr. Ellis to sign off to the writ had already been issued four applicants, witness had recalled on Mr. Bryan and expressed his regret at the loss of Americans: advantage of this last opportunity mile-hour galo at 9:45 o'clock, enable Mr. Wilson to become by Mr. Ellis on April 19. He commended. There were about

action before he steps into the urbs, whero it bad a full sweep chief officer. There was nothing (Mr. Shenton) had actually taken twenty applicants and he selected to prevent any number of super- Captain Flashman's statement at four as likely for the chief officer JACK JOHNSON BEATEN,

sing with. Willard in the other and snarling up electric and tele- corner. namary chief officers being on the the time, and unknown to him ship. articles. When a man was (Mr. Shenlon) or the Company discharged through sickness it this entry was put in after an was put down in the articles as interview with Mr. Ellis. discharged through sickness and his wages ceased the day he left. By his Lordship-If he was going to be taken on again after

:

The secretory of the defendant company said the company was

British one.

Mr. Shenton said they had no Cowboy Victor in the Havana

Fight. pleadinge in Summary actions

and he was at a loss to know exactly on what grounds his friend based his claim.

his

planted his left to the body. In the fourth round Willard's lip began to bleed, but he landed his left to Johnson's nose. In the following round the champion Havana, April 5. rashed Willard to the ropes, In the 45-round prize fight here scoring on the head and body to day for the Heavy-weight Willard was badly, distressed

graph wires all over this section. Hundreds of signs in the business section were blown down and the gulf waters churned into waves

Early in this morning Johnson was stripped by his trainera at his training quartera and rabbed down by Armstrong, his English 30 feet high valet, and a professional masseur

Thousands of sportsmen from for more than one hour. The all parts of the United States and

The plaintiff Mr. Gardiner said he was rels Championship of the World, Jack The fighting continued "on the muscles of his arms, cheat, body South America are coming in to

he was well, it would be entered signed off and that was he in the official log book, and was no longer with the ship.

Mr. Gardiner It is a register endorsed on the articles as well. His wages as a rule would be ed British Company ?YeR

Azy Britishere in it ?-Yea. banded to witness, to be paid to

How many British members him when he was well. As to being taken on again, that would have you got ?One or two,

Who are they? They are depend on the understanding British subjects, between them, and entered on Who ere they (with heal) Don't the official log. On recomment- ing he would have to sign the you understand English?

articles again and commence a fresh engagement, The engage ment would be a fresh one and

ing on the agreement

the ship's master, Mr. Flashman

ed with a preparation like vase line which made his skin gheten like glass. The rabbers paid particular attention to Johnson's stomach muscles and his solar plexus region,be

At the end of this ordeal-for

statutory defence under the Mer championnat pula meadiness the naked the writer. "Do

capacity is far too small to trans- port the throngs. All trips have been doubled, and as soon as one boat reaches the wharf and un- loads it is tarned about and

scurries back for more,

Referee Jack Welöh and fifty

and the plaintiff nothing to do Champion, was beaten in the 26th thing his own way until the ninth with any other rights his friend round by Jesse Willard, the White round, when Willard seamed the aggressive. The crowd was thought he may bave entirely on cowboy boxer.

Popular sympathy throughout delighted and shouted" Kill the the question of agreement on the contest was with the challen- black bear." Johnson, however, which his services were retained.

Mr. Shenton said he thought ger. Daring the whole course of rallied, and drove three hard there might be certain circume the fight the crowd jeered at the hooks to the stomach. tances under the Merchant Ship black, and at its close many people In the succeeding round, Wil- it was somewhat of an ordeal to wealthy Californians who have ping Act which he relied on-

forced their way on to the platform lard, although his body was rad the big fighter-Johnson appeared obariered a boat are due Iste to and threatened Johnson. In the with the punishment he had languid, but soon sat down and night. President Mencoal has Mr. Shenton-I do not think anyhow they would see, there is any need to bark at my

In the first place they rested end soldiers, who were present to received, moved briskly on lid ate breakfast consisting of steak, issued an order to the quarantine their defence to that action on two keep order, had to clear the crowd foot, and it was not until the 10th spaghetti, hot biscuits and coffee. officials to pass the boat throng) witness like that...

some What do you think now ?" he immediately on arrival and addi

tional arrangements to socor Think you legal grounds. First they had away and protect the defeated round.

twenties" the fight had I am in any better shape now modate the passengers on Mr. Gardiner: Yes? Only that if there

chant Shipping Act; secondly The weather was fine and the

was a bind attendance numbered over 15,000. degenerated into a slow spar- than when you said I was too fat numerous other special boats have

been completed. ing agreement it was inforcible The opponents were cheered for ring and clinching battle, Bath and not sufficiently trained ?"

several minutes as they climbed men were bleeding elightly, but I have no cause to change my on the ground of want of con- through the ropes, capacielle Wil- neither had received any parti- views, the writer answered. sideration; thirdly that there lard. The coateat started at 1.53 calar injury.

jury. Up to this point, "You are not physically fit to never was a contract enforcible by of a universal custom on the China effect the company being a British in other words there never p.m., New York time. In the first however, it had been, Johnson's endure a gruelling contest and if coast to pay wages and employ company at all

was any addendum between the round the black feinted and land- fight all the way, but from the you don't know it yourself it is

22nd round onward he teemed to not my fault." two chief officers, whilst the chief Mr. Gardiner am not mying partice, and fourthly they had ed his left on Willard's jaw

Johnson, as usual, was laughin lose his vitality, probably as the "All right," replied Johnson, ofhoer was sick. It was a mutter that at all. Who was the com- never up to the present moment

while Willardisi vas da nervone, result of the hard pace he set in with a ring of conviction in his of arrangement with each in-pany formed by? dividual company. A company Witness: A long time before dismissed the plaintiff,

The case was proceeding as we That's the way to do it, isn't a fatile attempt to finish his in voice "Il fool you and a lot of the war Mr. A. Bane.

experienced opponent in the early others who think about me the it 7 the black asked Willard the third round, when he again fround

19

Witness: Leang Yan Po.

not a continuation of the old one Mr. Gardiner Perhaps he entered on the same articles, cannot bear. That procedure sa regarde sign ing off on the grounds of sickness, did not apply when a man signed off by mutual con- sent. He had never heard

one

Oh, only one now.

M. ShentonThat does not

went to prese,

*

The receipts for the fight are

now climbing near the $100,000 mark and there is no let-up in the demand yet in eight. ceived a cable messages from

Promoter Frazee to-night ro New York actor offering $50,000 to 820,000 on Frazes cabled baok the Willard end myself,”