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Touring.from $2,300-Sedan from $2,550.
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A TRADE MARK INFRINGEMENT
THE "EVEREADY”
KOWLOON MAGISTRATE ISSUES HIS JUDGMENT
IMPORTANT STATEMENT
China Mail
No. 26,005
THE S.S. "BORNEO” STRANDING
COURT'S FINDINGS
CAPT. J. H. VAN DEN BERG EXONERATED
JUSTIFIED IN ACTION
The findings of yesterday's enquiry, Into the circumstances of the strand-
At the Kowloon Magistracy this morning. Mr. W. Schofield gave judgment in the case in which The ing of the s.8. "Borneo," were this National Carbon Corporation of morning read out at the Marine U.S.A., charged the Cheng Wah Bat Court. Captain J. H. van den Berg tery Co., on five counts relating to infringements of the "Eveready was exonerated. trade mark on labels and batteries.
The judgment was in part as
follows:-
The findings were read out as fol- lows:-We find that the s.s. "Borneo" left Hong Kong with a cargo of coal In this summons there are two for Shanghai on Oct. 1, drawing 19 charges to consider:-1, that the de-feet fore and 13 feet 11 inches aft. femlant hud in his possession for The weather was rough with sale or for purposes of trade or heavy ses running and strong wind manufacture, goods, to wit, batteries between N.N.E. and N.E. and there for flash lights, to which a murk so fore on Oct. 2 after passing nearly resembling a trade mark as Breaker Point, the master decided to be calculated to deceive was false-that there was no alternative but to ly applied:
take shelter.
That he falsely applied to He proceeded to Haimun Bay at 2. goods, to wit, batteries for flash-about 2.30 p.m. with this object, be- lights, a mark so nearly resemblinging unable to proceed, further in the a trade mark us to be calculated to prevailing condition. deceive.
*I
BLISHED
HONG KONG, FRIDAY, OCTOBER 19, 1928. PRICE, $3.00 Per Month.
LEPERS DECLARED LORD BIRKENHEAD'S
CURED
GOLD TREATMENT.
ESTHONIAN DOCTOR'S TESTS
WITH "SOLGANAL”
EXPERIMENTING SINCE 1914
Riga, Yesterday.
Four lepers have been released
RESIGNATION
NOW OFFICIAL FAREWELL CORRESPONDENCE
PUBLISHED
SUCCESSOR APPOINTED ̧·
London, Yesterday.
OUR TEST TEAM IN PEAK
ACTION
OPENING MATCH
FINE RECOVERY AGAINST WESTERN AUSTRALIA
JARDINE'S CENTURY
London, Yesterday.
"Your Eyes Are Safe With Us.” LAZARUS
Own
Hong Kong's Only European Optician." Do not experiment with your eyes. Our lenses are ground necurate in our workshop, and are of finest quality. Charges most reasonable. Under Personal Supervision of RALPH A. COOPER, Registered":
Optometrist (Canada) F.LO: (London),
HOUSE COOLIE IN DOCK
"SPOKE SOFT WORDS"
UNUSUAL SIGHT AT CRIMINAL SESSIONS
NO NEWS OF MACDONALD
ANXIETY FELT
EXCELLENT CONDITIONS FOR THE FLIGHT
NOT YET HOPELESS
London, Yesterday.
A British official wireless men-
WOMEN WARDERS' UNIFORMS
"This Inspector. He treated me. The English cricket team to-day very well and spoke to me soft It is officially stated that the Eart from the Esthonian Leper Asylum of Birkenhead has resigned the began the Arst match of their Aus-words," said the only male of three age dated 8 p.m. yesterday, states: on the Island of Oesel as being com- Secretaryship of India and that tralian tour, playing against West-prisoners at the last trial in the There is as yet no news of the October Criminal Session, continu- British officer, Lieutenant-Comman- pletely cured. They were treat- Lord Peel has been appointed his jern Australia.
They scored 306 for six wickets,ed this morning.
der MacDonald, who set off at 5 ed with a gold preparation called The Marquess of Londonderry Jardine 109, Tyldesley 66 and Hen- He was referring to Det. Inspec-[o'clock yesterday afternoon from "Solganal" prepared by Doctor succeeds Lord Peel as First Com- dern 55 not out. The English tor C. P. Fallon of Yaumati ata- Harbour Grace, Newfoundland, in a men recovered somewhat dramatic-tion, the officer in charge of the small "Moth" aeroplane to fly Feldt, of Riga, who has been experi.missioner of Worka,
ally from a poor start. Four bata-case in which the prisoner quot- across the Atlantic to London. menting therewith since 1913 and
men including Sutcliffe, had alreadyed and two young Chinese women He was expected, if all went well, left with the score only at 106 when came up yesterday before the to reach the west coast of Ireland Tyldesley and Jardine put a new Chief Justice (Sir Henry Gollan, this afternoon.
is now working at the Koch, Insti-! tute for Infectious diseases in Ber-]
in--Reuter.
ONE MORE PIRACY
ANOTHER FISHING JUNK THE THE VICTIM
MURDER AND LOOT
Another junk piracy which was attended with murder, has occurred
in Chinese waters only a few miles. beyond the harbour limits of Hong Kong.
The master stated that he was well the anchorage, The trade mark alleged to have 'acquainted with been imitated is the "Eveready", having anchored there on previous label registered as trade mark No. occasions in ships drawing 20 feet. The pirated boat was a Cheungchau On approaching the anchorage in fishing junk, and the first intima-
-211 of 1928.
The marks alleged to imita northerly coarse, speed was re-tion of the affair was brought to ate it consist of three groups duced and the load was in use. The Cheungchau at 5 a.m. yesterday by of labels of different sizes anchor was eventually let go in 41⁄2 the master of another local fishing and each of the groups bears fathoms at 2.40 p.m. with Halmun junk.
4
different
They name.
may Point bearing 090 degree and west
be distinguished as 1, the "Electri- point bearing 000 degree.. Cable was
city" label, stated to be used by the Lonkek Battery Co. and to be made in U.S.A.; 2, the "Chung Wah" label: and 3, the "Canton City" label.
Labels and Batteries
The evidence regarding cach label is different. As regards the "eloe- tricity" label, the defendant admits posscasion and states that both labels and batteries were left with him by a travelling trader who was known to be a friend of his. There is no direct evidence that any of these labels were being put on the batterica at the time of the raid though it is..not very cloar why a
FRESH AND FINE
N. E. winds, fresh, fine general- ly is the forecast until to-morrow at noon.
The anti-cyclone has again in ereased in intensity and now dominates the greater portion of the map ara. The typhoon ap- pears to have filled up. Fresh to strong monsoon will prevail along the coast and over the N.. China Sea.
The report of the actual piracy was made by the master of the pir- ated boat which reached Cheungchau yesterday afternoon.
Ships Fired
successor.
The Correspondence- The correspondence dealing with
According to this man (Ho Kam- hing), his boat was lying off Pui-0 and all on board were already asleep. when a junk of about 200 plculs capa-
Earl Birkenhead city came alongside.
As she ap proached, the arrival discharged fire- Lord Birkenheads with arms at the fishing boat, altogether the Cabinet is official seven or eight shots being fired. In a letter to the Premier,
Then three men boarded the fish-Birkenhead says;
complexion on the gume-British Wireless Servico.
DRIVER AND FARE
KOWLOON DRIVER AND EUROPEAN
Mr. C. A. S. Russ, who appeared for a public motor car driver at the Kowloon Magistracy yesterday. claimed that his client was justifled
|C.B.E., K.C.) and a jury,
The British Air Ministry states that conditions for the flight have The presence of female prison- been excellent. MacDonald would ers necessitated the rare, attend- have had a wind of 30 miles an hour ance in the dock of women ward- behind him all the way across the ers in the Hong Kong Prisons Atlantic. With a crusing speed of service, the latter with a smart 80 miles an hour the distance of appearance in their (men's or-1,900 miles from Newfoundland to dinary "hard") straw hats and Ireland might have been Accomp- white, buttoned-up uniforma.. lished in little over 19 hours. He had a moonlight night and excellent
Chit-Book Coolle
A Sikh warder and one of these visibilty. Bad weather on the Irish to Kowloon Tong because the offer the ralled-in dock behind the three have reached the coast. Before he The made was insufficient. The prisoners, who were
net off on his daring venture, driver, it will be recalled, was large crowds in the sides of the Meteorological Department of the watched by MacDonald was advised by the charged by Mr. Shank with refus-Court. ing hire without reasonable excuse.
Air-Ministry to follow & more When the case for the Crown | northerly route than usual I he had been closed by Mr. Somerset followed that route he should
in rofusing to take Mr. E. D. Shank women warders sat side by alde in coast cleared up before he could
at the Star Ferry at 12.30 a.m. on September 18.
Continuing. Mr. Russ said that Fitzroy (Assistant Attorney-Gen- have reached the coast of Galway
owing to the defendant's firm hay- ing had trouble with the complain; ant before, the drivers of the garage were instructed, therefore, not to take the complainant until the pro- per fare was paid.
Mr. Russ, however, submitted that although he was unable to quote authorities, that the driver of a from public car was not obliged to take heda fare until payment had been ten- Lard dered. He said that everybody was entitled to fila money first and referred to the ferries, trains and ships, where the fare was paid be- fore the journey.
ing boat one being armed with a "I am exceedingly grateful to you long barrel rifle. After the crew of for having released me from my the fishing junk had been overpower-obligations at an earlier date than ▬▬▬▬▬▬▬▬▬▬▬▬▬▬ {ed, the junk was towed away by the we discussed some months ago.
[pirate craft in a westerly direction.
trevelling trader should carry about weered to 75. fathoms. In this posiAs the two boats called, the three ten thousand labels in packages with tion and there was some swell with men on the fishing junk proceeded to him. These "Electricity" batteries a smooth sea.
search her thoroughly. have a remarkably new appearance The ship's head swung to star-
The fishing boat was then cut and are clearly intended for sale by board to E.N.E. when the mate re- adrift and the pirate junk sailed In the case of the ported that he had felt a bump aft away. Then Ho discovered that two their owner. "Chung Wah" label there is evidence and susequently No. 4 ballast tank people on his boat had been killed by that "Chung Wah" batteries were was found to be holed. Sounding the volley which was fired into the found done up in boxes on the de-all round the ship then showed 44 junk just before the pirates got fendant's premises and that "Chang fathoms and the position of the ship alongside. Wah" labels were also found. The was verified.
The pirate boat was a one-mosted witness, Sergeant Britain, was not At 3.20 p.m. the anchor was vessel with a black sail and earried cross-examined on these points. De- weighed and the ship proceeded to a crew of six all of whom spoke the fendant, however denied having Swatow. either batteries or labels of this type on his premises..
Court's Findings
Punti dialect.
Loot taken away by the pirates The Court is of the opinion that included $10 in money, jewellery the master was justified in seeking worth $90, clothing worth $15 and I do not believe his denial, in spite shelter in Haiman Bay despite the fish and nets valued at $100.
Canton City Label
of his statement that the Chung fact that it is not recommended in
REACHES TOKYO
VON HUENEFELD HAS A FORCED LANDING
MACHINE DAMAGED
Tokyo Yesterday.
SITUATION IS AGITATING AUTHORITIES
STARTLING FIGURES
Shanghai, To-day. The crime situation in Shanghai
llement roads after dark a notifies-
ex
way
Having led the with coloured art supplements in the Colony, to-morrow's 'China Mall" will come out with another bump
issue. The pictorial pages will have the best, with the widest range of variety..The Ploneer photos include those of a social function of H.MS"Cumberland,” a group of alb the Varsity week's undergraduates dast "mixed" harbour race and prize- distribution, life-saving when swimming, Dr. Cannon's travels in Kwangel, ingeniously decorat-
I
Cross-examined by Mr. Russ.
STOKER'S DEATH
Hankow, Yesterday. The death occurred here on Oct. 18of Stoker Alfred H. Coursens of H.M.S. "Cockchafer," one of the Yangtsze Flytilla.— British Naval Wireless.
at 1 o'clock this afternoon and would be due at Stag Lane aerodrome, out- side London, to which he hoped to fly by about 6 o'clock this evening. The absence of news is now caus- ing.anxiety.
MacDonald has not been sighted by any ship. S
Air experts, however, declare that he has enough petrol to keep- on Aying until to-morrow morning. There is also the possibility.that he may have larded at some isolated spot In Ireland.." He has no wire- less and in the event of his having. to come down, where there is lack of communication, he would not be
complainant said that the distance eral), all three prisoners elected to heard of for some time.
give evidence on oath and each the ferry to Kowloon Tong also informed the Court that he or
from
"Moth" Stock in U.S. was about 2% miles and would take
New York, Yesterday, At the moment MacDonald was PIONEER PICTURES about fifteen minutes. Witness said she had witnesses to call.
The man, Yeung Kau, declared attempting the Atlantic fight in a |that he did not engage the driver
for the return journey. He claimed that he is 20 years of age and a "moth" plane two Wall Street bank- that he was only required to pay native of Hong Kong. In 1925, ing houses announced the lasue of for the trip to Kowloon Tong. during the Strike, he said, he en- the "Moth" Aircraft Corporation After evidence was given by the tered the service of Mr. F. S. stock, which had Already been sold driver, Mr. Russ said that no offence Harrison at No. 26, the Peak, as by this Company formed to mann- had been committed by the de-a coolle, and was subsequently put facture and sell "Moth" aeroplanes fondant. Even if there had been a in Mr. Harrison's office, the South in the United States at a cost of misunderstanding he had reasonable British Insurance Co., as a chit-about £900. excuse for refusing hire.
book coolie, continuing to work in The President of the Company some 300 will be Mr. W. Schofield, the Magistrate, this capacity until the incident al- estimates that
| built in the first year.-Reuter's said that it certainly looked to him leged arose. that the whole matter was a mis-| Four Drivers' Evidence American Service. :
The indictment on which Yeung understanding. On the other hand, he did not think that the driver Kau has been arraigned is that of
It is pointed out that MacDonald made his position as clear
as he robbing, with two others not in followed by shipɛ. might have done to Mr. Shank, but custody, an old Chinese woman no doubt that was due to his lack named Teng Cheuk-shi of $88 on was very stormy, but Queenstown, of English.
Aug. 22, on a hill in the New Ter-reports that the clouds and rain on ritory.
the Irish coast in the morning later The two young women ara charg-changed to brilliant sunshine. ed with aiding and abetting."
St. John's. N.F.; Yesterday, There was no news of MacDonald
ed "trade" motor-cars, etc. Pic- tures obtained from K. Fujiyama, A. Hing, A. Fong. and other Chinese photographers, also from readers.
The prestige of the "Mail" will be maintained by its regular fen- tures, including a special article about the gang robberies which
constituted the feature of the Criminal Sessions.
The defendant was discharged.
be ultimately pronounced the most unfruitful of my life.
Once And For All
.
·
How a string of public motor
The Route
| was steering a route which was not
The weather in London to-day
Later.
I am leaving official politics once cars came into the Kowloon dis-at 4 this afternoon (Greenwich and for all. But I leave, as you Peak on the afternoon of Aug. 22 and rain at night time. Beacons trict from the vicinity of Castle time). There was considerable fog know, in the fullest sympathy with
was related by four drivers who were kept ready at Harbour Grace Į you and your colleagues.
I am not without hope that both all gave evidence for the Crown. in the event of his return.
The Crown case- is that there]: In the House of Lords and occa-|
Petrol Till 4 m. To-day sionally in the country I may be were three men and three women lion has been posted in the hotels should not have asked you to do permitted to offer some unofficial (one of the latter having been dis- Weather and wind still favour warning ladies to protect their so had not some balance of private help.
charged at the Magistracy and two MacDonald, but he should have handbags, to keep to the main convenience, which I have explained
The moment of parting is always of the men being at large). Some reached Ireland by 1 o'clock this streets and not wander in side to you, intervened. Stil lese should sad. Your own personality has con-jof these six were conveyed into the afternoon and Croydon by 6.
His petrol will last till 4 on Fri- alleys in the shopping districts and I have done so had there been the verted the Cabinet, which assembled Kowloon district in two cars, a to note the licence number of the slightest prospect that I could have upon a crater of some bitter and third saw the old woman in dis day morning. rickehas they engage (the pullers of remained long enough at the India recent memories, into a band of treas but his passengers would not It is possible the strong south
to
in which are occasionally in league Office take part
dis-brothers.
let him carry her back, and a fourth west wind has blown him out of his with the robbers)..
cussions and decisions which the
I leave them and you with emo was stopped by the driver of the course, and that he may have laud The Municipr.! Council also noti- report of the Simon Commission tion, and if I may be allowed to say third to go out and bring the old ed on a remote island on the fies that the manufacture, sale, will require.statud
so, with affection.”
Mr. Baldwin's Answer The Premier has replied:
Wah Battery Co. are his rivals in the "China Const Plot, volume 5. SHANGHAI'S CRIME business. In the case of Canton but that in the unavoidable use of a City label which is by far the com- general chart te should have anchor- monest type of. label, though bat- ed further out. teries bearing it are much less com- The Court consisted of the follow- mon among he goods seized than ing officers:-Commdr. J. B. Newill, the Electricity battery, an entirely D.S.O., R.N., Harbour Master (Pre- different claim is made by the de- sident); Lieut. Commdr L. J. Pit- fence. A general similarity to the cairn Jones, DS.O., R.N., H.M.S. get up and colours of the Eveready, "Kent," Captain C. Isbister, master continues to preoccupy the foreign label is admitted but it is contend- of a.. "Klangsu" Captain A W. and municipal authorities. Follow- ed that the Canton City label was Hall, master of 8.8. "Telemachus;"ing the recent warning to foreigners independently invented by the de- Captain E. V. Blahop, master of 8.8. not to walk in the more remote Set- fendant with the help of a fellow "Chaksang." laundryman before the Eveready Label No. 950 began to be used even In America, that he therefore has priority of user and that the Eveready trade mark No. 211 of 1028 should not have been registered here at all. He further claims to be the ploneer of the local manufac tare of flashlight batteries, and it is stated on his behalf that the prose- cation la actuated mainly by the de- sire to crush a business rival This, Losing his way in a heavy rain possession at wearing of ballet- I regret greatly leaving the office' claim necessitates a careful examin-storm, Baron von Huenefeld made proof vests is prohibited except by where I have apent four of the hap ation of the evidence. The Eveready a forced landing near Tamagawa licence. These vests are generally piest and most interesting years of label trade mark 22 of 1928 has reservoir on the outskirts of Tokyo used by the police in raids on my life.
profound regret, a regret which will ments attributed to accused when faced an indictment of "robbery by existed four and a half years accord-et 2.80. after a non-stop flight from Chinese kidnapping gangs and it
The merit or demerit of my work be shared by all of our colleagues, charged at the police station that two or more" at a widow's shack ing to the Statutory declaration of Shanghai. The machine was dam has been found necessary to pre- there can only, at present, be known For four years your council in the the man alleged that the interpret near Aberdeen at 1 am on Sept
vent their sale' to kidnappers and un- the secretary of the National Carbon jaged but the occupants were
armed robbers.
to the two distinguished Viceroys Cabinet has been invaluable. In er had, speaking through a hole ta 24, was found guilty by a fury and Co. and has therefore been on the hurt.
In view of the prevalence of rob with whom I have co-operated, to dark days you were a tower of the cell door, offered him induce sentenced by Mr. Justice Jacks to market here for a slightly shorter Owing to the stormy weather von bery and kidnapping in the French my colleagues in the Cabinet, whom strength and you have been a gen-ment and promised him benefit If five years hard labour and twelve Defendant states that he Huenefeld took a roundabout course Concession the Chinese Merchants I have kept closely informed of eroue colleague and a loyal friend. he would confess. Prisoner denied strokes of the "cat". His defence, has made flash light batteries, at on purpose to avoid the possibility Federation le urging the French every important decision, to my It is too early yet to estimate the the contents of the statement as indicated yesterday, was that the Shamshuipo for five odd years and of crashing into the mountains, authorities to permit the organiza Council and to the admirable staff value of your work at the India signed by him and concluding with complainant had mistaken him for has used the amall type of Canton which were hidden by clouds,tion of a Chinese volunteer corps of the India Office, to whose real Ofice, but I am confident that the wards to the effect that he went somebody fechoung City label all that time; the large type has been used for three years able to sight the aerodrome, and organization is in existence in so much. For the rest one can only Justice. With every good wish for the money but because of the months hard labour for attempted He flow over Tokyo but was unto cope with the bandite. A similar ability and prudence I have ored historians of our time will do it out on the day in question not for Chan Yik-cheung was sentenced by the Chief Justice to eighteen lie had never heard of the Eveready so, as gasoline was running short, the International Settlement wait for the time one day to come many years of happiness and pros- women."
mortes after the furg, had found label or goods until after he had he was forced to hand on the cut-It is noteworthy that seven mur when the India papers of the last perity in the new sphere of life When his Lordship asked if "theim guilty of trying to throw over- got his business here started. He sidris
ders, six attempted murders, seven four years will be published upon which you are entering."
Inspector was present when that board from the British & Lung had one agent in Singapore and an- · Closer inspection, has revealed armed abductions and 51 armed I do not wish to leave the public Yours very sincerely,
statement was being taken down shan," when 40 miles from Hong other in Tau. Shan for five years, that the machine is only slightly robberies occurred in the Settle stage with anything in the nature
that prisoner sald the Inspector Kong on Aug 29, a young Chinese and a third, Wing Sur, at 149 Wing damaged. Reuter
The case proceeding had spoke soft words to him.
{woman) who declared she 'did not Lok street for two or three years.te
know him but was claimed to be his cous
wronged him ugo in. Arinam./
period.
One of his labels were of Tongshan, Yesterday All Is large, kind, and bears are quiet in the K.MA. mining zone.
Continued on Page 12.)
-British Naval Wireless.
ment in September, while 29 Chin- of self-praise. I will only, there
woman in west coast of Scotland. Reuter
"Women, Not Money
It was when a Chinese Sergeant-
"I have received your letter with Interpreter was reading the state-
Honoured
BALDWIN;
The King has approved that Earl ede were arrested at various fore, say that after spending four dates by the Settlement police and yeary as law officer and very nearly Birkenhead be appointed a Knight executed by the Chinesa Author as long as Lord Chancellor, I do Grand Commander of the Star of
1 not believe the last four years will India. Ities. Reuter.
young Hakk, who sere