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and Mr. M. W. Slade, instructed by Mr. John Hastings, appeared for plaintiffs, defendants being represented by Mr. McNeill, from Shang. hai, and Mr. Alabaster, instructed by Mr. H. W. Looker, of Messrs. Deacon, Looker and Deacon. Mr. Elade-Perhaps my friend will not object if I show your Lordships two blocks of ics.
The Chief Justice-Are they going to be put in ?
Mr. Slade-Yes.
Sir Henry Berkeley-They will be put in as exhibits.
Mr. Slade-This is the Milling Company's ice. It was unfortunately broken on the way down. Sir Henry Berkeley-Will you lift it up? Mr. Slade shook his head.
Sir Henry Berkeley -It takes some doing. Mr. Haxton came forward and lifted the piece of ice.
Sir Henry Berkeley - It is quite cloudy. The other is the Hongkong Ice Company's product. Mr. Slade -The Ice Company's block is seven feet long, six feet high, and nine inches thick. Look at its clearness. It is double the thickness of the other. You can see anything through it Sir Henry Berkeley-The ice is produced fors, comparison.
Mr. Slade then dealt with the subject of letter which would be formally proved.
At a later stage.
my
Mr. McNeill addressed the Court. He said- We know there is at the present moment in the promises of the Hongkong Ice Company a piece of ice which is suitable for the
purpose of argument. It is a 20lb. block. We have applied to the Ice Company to sell it, but they have declined to do so. I have requested my friend to ask the manager to let us have it.
Mr. Slade-It is a good sample.
Mr. McNeill-My friend says he will do that. and on that ground I must apply to the Court for it.
Mr. Slade-We say it is not a fair sample of our product.
Mr. McNeill - We want to buy it, but they will not sell it.
Mr. Slade-We say it is not a fair sample. When ice is manufactured in a hurry air needlos come ito it.
Mr. McNeill-We want to buy it.
Mr. Slade-It is nothing like a fair sample. The Puisne Judge-You can call evidence to prove that.
Mr. Slade-It seems a most misleading thing. Mr. McNeill-Let it be set aside. That is all we want.
The Chief Justice-If there is any difference in the Ice Company's products the other sidə may legitimately call for them, and any difference between them can be explained by the manager. Mr. Slade-As your Lordship pleases. I thought it was not right to allow them without words to take a tiny piece of ice out of 100 tons which is the worst of the whole lot. Now that it is before your Lordships and cleared up I have no objection.
The Chief Justice-They would be entitled to get it in this way. The manager would be asked-Is the ice always of that quality? He would say "No."
Mr. Slade-We cannot bring a whole plate of ice here. It is too heavy. It weighs a ton. The only fair way to judge the ice is to look at it in the block. I would suggest that the Court view it.
The Chief Justice -That will suit the other side, I suppose?
Mr. McNeill-Yes. It will be more satisfac- tory to see the ice of the Milling Company as
well.
Mr. Slade-Yes.
Mr. McNeill-They are both on the same premises."
The Chief Justice-We will arrange to go some time to-day.
The question of privilege attaching to letters written by Arnhold, Karberg and Company to their other branches was then discussed, after which evidence was called.
THE HONGKONG WEEKLY PRESS AND went into liquidation, witness being appoint: ed official liquidator, a position which he held from April till September of last year, when
was succeeded by he
Mr. Percy Smith. Witness saw the correspondence which passed, between the Milling Company and Arnhold, Kar- berg and Co., but what passed verbally between · Mr. Rennie and Mr. Arndt ho did not know. The ice plant was erected by a man sent out from Germany. This man supervised the erection and had coolies under him. At the beginning of the work he had another European over him. Witness was informed on the 4th June that the plant was read,. Witness was over at the mill- ing premises practically every day at that time. It was arranged that the Milling Company should retain the man who erected the plant (Mr. Boyer) for two months after the plant had: been erected for the purpose of instructing the others.
From your own observation can you say the plant was in running order before the 6th June? I saw the plant running before the 4th June Working properly I can't say.
....
It was making ice-It was making ice, but whether it was fully complete and making the best ice possible I can't say.
From any information received from Mr. Beyer can you say whether the plant was making ice properly before the 4th June?
Mr. McNeill objected on the ground that Beyer was the agent of the German firm with whom Arnhold, Karberg and Co. had a contract for the supply of the plant, and he was not the agent of Arnhold, Karberg and Co.
The hief Justice thought that Arnhold, Karberg having asked the German firm to erect the plant the men sent out by the latter for that purpose must be considered servants of Arnhold, Karberg and Co., and their acts which included words became evidence.
The Puisne Judge concurred.
Witness stated that Beyer told him before the trial that the plant was ready. An accident. however, happened on the 6th June, necessi tating heavy repairs, and the test was not The plant was recommenced until June 18th. worked by a Diesel engine. Mr. Beyer told him the output was up to requirentent. A day or two afterwards, when the ice plant was the working splendidly and turning out best ice of which it was capable, witness arranged with Arnhold, Karberg & Co, to take out representatives of the Ice Company, the Chartered Bank, and a director of the Milling Company to be present at the testing of the quality of the ice. Prior to that he had pointed, out to Messrs, Arnhold, Karberg & Co. that they should be satisfied the plant was working at its best before the
was formally was satisfied, inspected. Mr. Arndt said he and it was agreed to have the comparison ·
On that of quality made on the 23rd June. day Mr. C. H. Ross, of Messrs. ardine, : Matheson and Co., Sir Paul Chater, a director of the Milling Company, Mr. Gibson, of the Chartered Bank, Mr. Arndt, of Arnhold, Karberg and Co., and witness went out to Junk Bay, Mr. Haxton, Manager of the Ice Company. came out later with some blocks of ice.
Haxton.
ice
'The
party went into the ice room, and Mr. Beyer took from the cans some newly-made ice, which was shown to the gentlemen present alongside. of the block of ice brought out by Mr. Nothing material was said then. On the 24th June a letter was received from Messrs. Jardine, Matheson stating that the ice was not up to the standard required, and thereupon the Milling Company declined to take over the plant, witness in his letter to Messrs. Arnhold, Karberg stating that they would be held responsible for all damage on account of the plant failing to up to the warranty. There was no difficulty placed in the way of rnhold, Karberg carry. ing out another test, and Mr. Boyer remained at Junk Bay until July 15th.
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[August 7, 1909. deemed it would not be profitable to attempt to push their inferior ice in competition with the Hongkong Icg Company.
Am I rightly instructed that the Chartered Bank were to finance the working of the mill until the existing stocks of wheat had been milled?—That is so.
Were the stocks milled before the inspection?" Yes, June 7th.
After the inspection and after the refusal did you take any and what steps to get Arnhold, Karberg & Co. to improve the production of ice?-1 reported what had happened and asked what they proposed to do. I went on asking up to the time I resigned and passed the inquiry on to them. It was up to them. I could do nothing.
They said they were waiting advices from Berlin ?--Yes,
Ice,
The plant had been paid for? - Yes. Witness added that he did not attempt to press Jardine. Matheson & Co. to take the because he was convinced that the ice was inferior to that of the Ice Company's. He believed that the Milling Company had grounds for claiming substantial damages. Any ice sold would, of course, have gone to the liquidation of the damages. They had some ice the outcome of a wook's run, which could have been sold. Mr. Reunie discussed the purchase of the ice plant with witness.
Was Mr. Ronnie in the habit of consulting you?--I would hardly say consulting.
You were the príncipal officials? Yes. Mr. Ren did not consult me. He usually told me gaat he had doue. (Laughter.)
Did you ever hear him speak of the difference between can ice and plate ice 2-No. Per- souly. I did not know there were such différences,
Mr. McNeill-Noither did I. The hearing was adjourned till Monday.
THE TAMAR IN DOCK.
It was noticed on Ang, † that there was quito a blank in the harbour. The Tamar had boon removed from her moorings And taken to the Kowloon Docks to undergo a necessary overhaul, She will be in dock, it is expected, for five days. It is several years since she docked hefuro."
An interesting feature of her removal was that she was followed by a shoal of fish families which had lived near her and enjoyed the fare which came overboard. The fish followed the Tamar to Hunghon, where the shutting of the dock gates left them an easy catch for those on the lookout.
OPIUM SELLER'S SCARE.
P
On Sunday the keeper of an opium divan dashed into the Central Police Station and in a few minutes had told Inspector Fenton three different stories of a 1obbery with violence which he alleged had occurred in his divan. From all that he had been told the inspector on duty gathered that six men had presented themselves at the divan, and while one had purchased an amount of opium the rest had departed with $27 which they had extracted from the till. Detective-Sergeant Appleton was despatched to make inquiries, and that officer discovered that nothing more than a free tight had taken place in the divan, and that the participants had rapidly made them-
selves scarce.
BIG PIUM SEIZURE AT MANILA.
A big opium-seizure has been made in Manila. No less than 450 kilos of opium, valued at P. 14.000, were found in a boiler which had been The other side have alleged that by reason of
taken over from Hongkong for alterations. the company being in liquidation and by reason The Hongkong police apparently got to learn of of the mortgage to the Chartered Bank, you
this attempt to smuggle the opium and cabled were not in a position to run the plaut ip to Manila, but the Manila customs were search-
ising five days before they discovered it. ice had been satisfactory? That not so. The Bank was anxious that wo should run it. It was a very important asset.
Mr. H. F. Chard said he was a partner in A. H. Rennie and Co., the General Managers of
the was not a the Hongkong Milling Co. He partner when the negotiations were in progress with Arnhold, Karberg and Co. for the purchase
Cross-examined-The Bank wished to carry of the ice plant. He was assistant manager of the Milling Company then and became partner on the ice plant in order to fulfil the contract later. After the death of Mr. Rennie with Messrs. Jardine, Matheson and Co., but in April last year the Milling Company when the latter refused to take the ice they
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In fact
it was not the custom honse officers but the employees of the Taylor machine works who made the discovery. By way of preparing for the drilling of larger holes in the boiler, they unscrewed a plug in one of the columns and there they found it.
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