The-Hong-Kong-Weekly-Press-1904-01-02 — Page 16

Hongkong Weekly Press AND China Overland Trade Report All

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"tangan

or any word in which it was a part, and defendant's reply was that the word was a common word in Japanese, used to denote a mineral water collected from a carbonio acid sprinr. It was clear that in trade mark law the mark must be distinctive, and if plaintiff had taken the name simply as descriptive of mineral water his claim could not be supported, unless it had acquired a secondary meaning, and become associated with his name. His Lordship reviewed the evidence and said he thought from the evideass produced that the word "tansan" had oma to mean in Singapore Wilkinson's mineral water; it could mean noth- ing else because there was no other water of the kind on the market until the defendant brought in the "Fansgoya taussa." Whilst many people might be ignorant of the pla intiff's tansan," personal name, yet people who ordered “ though not knowing Wilkinson's name, wanted the "tansan to which they had been aC- no doubt plaintiff's customed, and that was mineral water. It was also contended that the defendant's label was so different from the plaintiff's that they could not be mistaken. There was no doubt that anyone looking at the bottles could not help distinguishing them, but that was not sufficient; the same defence was set up in the Club Noda case, and was rejected. The strong case in favour of plaintiff on this point was that in which the Apollinaris Company were concerned (33 Law Times 242). With regard to the other contention of the defendant, the question did not arise in Singa. pore, because there was no evidence of any mineral water under the name "tansan" having been imported here by any other than the plaintiff and defendants since 1901. The injunction sought must be granted. Defendants must bear the plaintiff's costs, and the parties would be heard again on the question of damages.

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THE HONGKONG WEEKLY PRESS AND

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greatly softened and they began to talk with

At a

station called Kaanchengteze, I descried a Japanese on the platform, and sauntered out from the carriage. As a Russian soldier of course followed me, I gave him some money. But as it was out of the question to address the Japanese openly, I drew him to a cigarette stall, and while baying cigarettes, asked him to inform the Mitsui Bussan Kaisha at Newchwang of our arrest,

The train stopped at Harbin on the 25th, at 2 p.m., when I was able to send a Japanese for Mr. Kawai, of the Mitsui Bussan office at Dalny, who was then staying at Harbin. He came to the station, saw us, talked to the Be at ease Russian soldiers, and said to us: I will do something."

**

We were then conveyed to the Russian barracks at Harbin, where we were imprisoned, for about 24 hours without any court proceedings. On the 26th, at 2 p.m., we were again put in a train bound for Port Arthur. A Russian officer and four soldiers guarded us,

Meanwhile the Mitsui Bassan's office at Dalny, receiving a telegram from Mr. Kawai, was deeply anxious about our fate, and sent one of its officials, Mr. Fujioka, to the station, where of which I there is a junction, the name have forgotten. Mr. Fujioka was awaiting us, and on our arrival there he came into our train. We saw each other, but were not able to converse. He remained with us until we arrived at Port Arthur on the 28th, at 4 p.m.,

when we were conveyed in a carriage to the General Staff Office. En route, however, Mr. Fujioka lost track of us, having been unable to keep near for fear that the Russians should suspect his purpose.

We were kept at the Staff Office for thres or four hours, but the Russians did not examine us. By and bye, we were cast separately into the Russian prison, where we rem iiued for the subsequent 3 days without trial.

There is a Japanese firm called the Yoshida

IN PRISON AT PORT ARTHUR. Shosen at Port Arthur. It is purveyor to the

ADVENT 'ÉES OF THREE JAPANESE.

The Japan Times translates some experiences of the Japanes merchants who were recently imprisoned at Port Arthur by the Russians, which we e published in the Jiji and the Chugai Shogy. Mr. Hajime Yamana, one of the party. makes the following statement :---

7 Mr. Manhichi Takenouchi and f, both of the Kanegafuchi Cotton Mill, and Mr. Kokichi Tsuji, of the Mitsui Bassan Kaisha, left New- dhwang for the interior of Manchuria at the beginning of September for the purpose of ascertaining what kind of cotton yarns the Chinese would take and what manner of trans- actions they would prefer. War rumours were in the air, and it was considered to be dangerous to venture far inland. We therefore visited Liaoyang, Monkden, Tiebling, etc., and their outlying districts.

The arrest took place at Haiping on the morning of the 23rd Beptember. We were then waiting for a train in order to go to Kaiping. Mr. Takenouchi was walking beyond the railway tracks, when some Russian soldiers suddenly arrested him, ou suspicion of h s having entered something into his note-book. Mr. Tsuji and I were also arrested on account of our being in his company. We were then brought before the commander of the Ru-sian garrison, who asked us the purpose and destination of our journey and searched our clothes and baggage. Finally it was announced that examination was not completed, and a little past midnight we were put on board a train in custody of several soldiers. For fifteen hours we were left without food.

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Russian army and has business connections with the Mitsui Bussan. Mr. Fujioka, troubled at losing track of us, was consulting with the people of the firm, when a Russian soldier appeared and asked if they could prepare Japanese food for three persons. The Japanese rightly conjec tured that the food was for us, and consented to supply it. This arrangement enabled them to learn our fate and ourselves to know that the Yoshida firm was still unmolested at Port Arthur, and that the world was still at poace. What we apprehended most was war, in the event of which we should have been butchered. Ou the 27th October, we were tried for the first time by the court martial, Mr. Hino, repressatative of the Japanese at Port Arthur, interpreting. The chief procurator and the chief of a police station, who was a major, took down the description of the route we had travelled, the object of the journey, etc., and made us sign affidavits. The next day, a soldier tossed us our baggage and announced that we might go. We were all very weak, and there- fore lodged a night at the Yoshida firm, and returned to Newchwang by the Nuntsu Maru. We spent 31 days in the prison, besides 5 days in travelling in Russian custody.

The prison at Port Arthur is enclosed by high walls and contains 17 or 18 cells. Each cell is 6 feet wide and 9 feet long; the door consists of tremendously thick boards; the walls are of brick one foot in thickness, and the floor is made of cement. The cell has only one window of about 3 feat squire, which has a lattice of iron bars, and double panes of thick glass beyond the lattice. The door has also a hole of about five inches square, through which food is admit ted. The hole is about 5 feet 5 inches above the floor. The furniture of the cell consists of and a table. Each cell is guarded by a soldier, and there are always about £0 more on duty in the courtyard. Their vigilance is something beyond belief. They would never permit us to sleep for two consecutive hours. Every time they were relieved, they would knock at the door with their swords or kick it until we responded The monotony of the prison life was un- paralleled. We 'bal nothing to read or to do. For 31 days we had to brood over our fate, A source of unspeakable misery the thinness of our clothes. I was attired in summer suit of alpaca and white trousers, and

We were told that our destination WAS Tashibebino, but the train was running north- ward, instead of to the south. There was a an iron bed, sir.w matting two inches thick, Japanese in the carriage, and not suspecting that we were in custody, he asked us our destipation. I was impatient to let him know that we were in the clutches of the Russian military authorities, and was going to answer when our guards became angry, struck the Japanese traveller, and finally forced him out of the carriage.

Under such conditions it was vain to hope for communication with our countrymen, even if we were lucky enough to meet one of them. So I bribed the Russian soldiers aud bought beer for them, with the result that their manner

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a

[January 2, 1904,

had nothing with which to keep myself warm except a thin blanket, and it was snowing when we were released. The cold seemed to reach the marrow, and I thought I should be frozen to death before long. Our guards were greedy beyond description. Without bribes, they Some of them would would do nothing for us. thrust their hands into our pockets and ask us in bad Chinese if there was any money in them. If we answered in the affirmative, they would press us for a tip. Often enough they took money to buy us food and then failed to do so In this manner prison life cost me some 60 yen in the shape of bribes to the Russian soldiers. to say nothing of a hundred other losses.

HONGKONG.

The Royal Artillery propose to give a dance on the 19th January next.

The date of the closing of entries_for_the forthcoming Races has been postponed from the 9th to the 16th prox.

Wild dogs are reported to be numerous in the neighbourhood of Lokmachow, near Lantin Police Station. They come down from the hills at night and devastate the hen-roosts.

A change has occurred at the head of 8. Joseph's College, Hongkong. Brother Francis having gone to Kuala Lumpur, F.M.8.; to found a new branch, Brother Joshua has been appointed to his post, an advancement on which his numerous friends in the Colony will con- gratulate him. Though 70 years of age, and though he has been 56 years in the East, Brother Joshua would pass for 60 years old anywhere.

There has just been issued from the office of the Hongkong. Daily Press the Directory of Protestant Missionaries in China, Japan," and All the various Corea for the year 1904, missions are put under their respective headi ge, showing the members of them, and in addition there is an alphabetical list of the name, so that reference is easy. The Directory is enclosed in blue paper covers; it will be incorporated in the · Daily Press Chronicle and Directory when that is ready for publication.

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H.M.S. Centurion arrived here on Wednesday. About this old friend on the China Station "Paratus' writes in the Naval and Military Record:-" The battleship Centurion is proud of herself. She has a reputation to keep up, but she is not content with that; she has started on her third commission with a firm determination to enbauce her reputation." for a hearty welcome from the feet in the Far East and are confident that we shall be found ready and wil ing to undertake anything that we may be called upon to do, and do it in a way that will prove a credit to the service and to our ship." The welcome is certainly here.

We look

On Bunday night another sudden death took place, the deceased being a British sailor, named John Wilson, who had lately been discharged from the British sailing vessel Glen Doon. It appears that the man went to the Sailors' Home, at West Point, on the 5th ult., and had been staying there since, drinking heavily meanwhile, On Saturday night last he returned to the Home about 10 o'clock, utterly inebriated, and was soon to bed by the watchman. The next morning, between 5 and 6 o'clock, he was found dead in his bed. A post-mortem held later in the day by Dr. Hunter, at the mortuary, revealed the fact that the cause of death was Deceased was 42 years of age, and alcoholism. believed to be uȧmarried.

On entering his shop on the morning of the 17th alt. Li Chen Cheong, a large dealer in miscellaneous goods, opened his safe to obtain some money to nieet some payments he had to make, when he discovered that the safe had been opened, and $4,500 extracted. Information was immediately given to the police, and detectives were put on the case, when, as a result of their investigatious, one Li Chap Chung, s clerk in the employ of Li Chen Cheong, and who sleeps in the shop, was found in possession of a key that opens the safe. In consequence of this discovery Li Chap Cheong was arrested, and yesterday placed before Mr. T, Sercombe Smith, at the Magistracy, when after evidence of the arrest had been taken, the case was remanded, on the application of Mr. Holines, solicitor, who has been retained in the case for the defence.

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