NEW 1929
GRAHAM
PAIGE
SEDAN and TOURING MODELS
Toaring from $2,300-Sedan from $2,550.
Sole Distributors for Hong Kong & South China:
KOTEGATE & CO.
Pedder Building, 3rd floor.
Telephones C. 93. and C. 741.
JUDGE
CRITICISES LOCAL LAW
"EXTRAORDINARY"
PROVISIONS OF CODE OF CIVIL PROCEDURE
HIS LORDSHIP'S SYMPATHY
" have every sympathy
with
people who try to keep within these extraordinary provisions and
So Said his Honour the Chief Justice (Sir Henry Gollan, C.B.E., K.C.) this morning in the Supreme Couri, when sitting in Orignial Jurisdiction parte.
The
Cas Butt
Karaging DirecLƏN,
China Mail
大英八月廿六號,禮拜一包 中華民國已巳年七月廿二日
No. 27,267 HONG KONG,
ESTABLISHED
1845
MONDAY, AUGUST 26, 1929.
AMATEUR BOXER SUFFICIENT CREW FOR
CHALLENGES REPORTER TO A
FIGHT
ABUSIVE LANGUAGE
This morring Mr. T. M. Hazlerigg heard a case in which N. B. Maher popularly known as Bertie Maher was summoned by G. H. Blox, a re porter of the Hong Kong Daily Press," for using abusive language on
peace might have been caused.
August 11, whereby a bicach of the
་
SHIPS
IN TYPHOON SEASON
THE FIRST CASE HEARD BEFORE MARINE COURT
1.
OWNER FINED
At least one certi-
SCHNEIDER CUP
OFFICIAL STATEMENT THAT ITALIANS WITHDRAW
SPORT-LOVING BRITISH
TO-DAY'S DOLLAR. - The closing rate of the dollar demand, to-day was 1/11 3/16.
on
PRICE $3.00 Per Month.
MUNITION DEPOT EXPLOSION
London, Yesterday. The Italian Government has notified its Air Attache, in London that the align team has with NO drawn from the Schneider contest. Race to be Held
walls.
firing were heard all and deck and i As a last effort to make a show
the anchor and to raise steam.
headache
PERHAPS ITS EYES!
Our careful and up to date examina- tion with modern equipment, by fully qualified European optometrist, will diagnose your eyesight troubles. Make an appointment to-day.
LAZARUS.
Hong Kong's Only European Opticiań. 13, Queen's Road, Central. Telephone Mr. Cooper C. 2203 for appointment.
TYPHOON'S TOLL
GUNBOATS & A.P.C. LAUNCH SUNK
COLLAPSE OF BARRACKS
ATTACKS ON THE JEWS
PALESTINE UPROAR
ARABS WARNED TO DESIST FROM. VIOLENCE
include many American students of
the go by the Harbour Master, and This order was promulgated some
the first case of a ship-owner contra- sening this order was heard at the He was Marine Court this morning, before the and developing 1,500 horse power, damage nor the casualties (if any) possibly at a time slightly later the Jewish college there. told to go away, but refused and creat-1. Commander G. F. Hole, R.N. (re which they originally intended to
On August 11, defendant had been drinking in the morning and went to the house in the afternoon.
to hear 2 спле 2x ed a disturbance the stairs, abusing ipod), when Mr. Lau Yu-fook, describ
Mr. F. C. Jenkin, C.B.E.
all in the hasse, but specially the com- ed as the owner of the s.s. "Derwent," have quietly installed in the sea-
than at Pakkai.
..
The Government have invited the Arab leaders to confer with it and have warned the population to desist
(in plainant. He used filthy terms and was summoned for not having a certi-plane during the sea voyage Kiangsi province, on the Lower "Hoi Lung," three launches, two from violence and return to their
structed by Messrs. Russ & Co.), appeared for the plaintiffs, the Wah On Hong firm. merchants, No. 5 Faham-strand west, who sued the Yuen Loi firm and Lam Kam-cheng.
partner 'managing
asked the complainant to come downed deck hand on board the vessel dur Reuter's American Service. and fight.
Net a Professional
zone.
were
normal occupations.
NANKING EXCITED
SOUNDS LIKE FIRING HEARD Shiuhing, a port on the West
ALL OVER CITY
River, above the confluence with the North River, 131 miles from CASUALTIES REPORTED | Hong Kong and 93 miles below Wu- PLANES BOMB VILLAGES
chow, was visited by the ty In accordance with the provisiona
phoon which passed to the south Nanking, To-day.
Jerusalem, Yesterday: of Ordinance 10 of 1899, Section 22 The race will be held on Sep- There was intense excitement in of Hong Kong in a north-westerly
Six hundred British soldiers-have Mr. 7. C. E. Rendall appeared for (5); it is stipulated that during tember 7 and three British sea-the capital this morning following direction on Thursday.
arrived from Egypt. I should be glad to hold or Tay complainant, but defendant was not re-typhoon seasons, L.e., from June 15 planes will participate whether an explosion in a munition depot The storm there was severe. A
to October, each vessel of over 60 foreign machines compete or not. near the West Gate inside the city issued yesterday does not state the Jerusalem, it is reported fired on the Aeroplanes which dew over Royal Naval wireless despatch Lifts, down some procedure that is rea-presented.
а small village near In answer to the charge. Maher said: tons lying in the Hong Kong Har-Reuter. sonable, but I am afraid, in view
bour shall have 011 board the
American Competitors
The explosion occurred at aine time when gale forze was reached villagers who have been prominent of the specific requirements of admit it."
Mr. Rendall said that Mr. Blok following crew: section 208 (of the Code of Civil
Philadelphia. Yesterday. jo'clock, and for some time sounds at Shiuhing.
As a "China Mail" in the recent was a lodger in a house of a respec-feated deck officer,
attacks against the Procedure) I cannot see my table Portuguese family at No. 89. eagine room crew sufficient to work with their "Mercury racer" and
similar to machine gun and rifle correspondent stated that the 'blow
Jews. I am perfectly willing ta du so.
port of Kong- theat Pakkai, the over Wongreicheng-rundi, Defendant often
moon, was from 7 p.m. to 10 pm,
It is now reported that 45 Jews to give an adjournment to effect visited the house, mostly after he had
warranting Lieut. Williams sailing capital.
in service."
been drinking, and that was not agree
Schneider Cup for England to compete for the The depot, which is one of the and Shiubing is further inland than were killed and 43 wounded
Pakkai, it is presumed that Shiu- Hebron. able to people in the house.
his backer have biggest in China, is situated in a
It is rumoured that the killed hing was visited by the hurricane. sent him a 24 cylinder engine densely populated quarter. the "most powerful ever built” At time of cabling neither the also on the night of August 22,
could be ascertained. Reuter.
Chinese Troops Move
Hundred Lives Lost From Kiukiang, the port of A small Chinese gunboat, the
Ping the recent typhoon.
Yangtze River, it was reported "tow-boats" (Le, large junks for The American Competitor
Government's Invitation Definition of a Master Complainant refused to do this. In-
this morning that a large number the passenger and cargo trade), a Annapolis, Yesterday.
Å Mr. G. G. N. Tinsoh appeared for
Colonial Office communique stead, he tolophone to the Police. By
The prospect of America com- of troops in the 18th division of large motor-boat, and a great num-
the Nationalist Army (formerly ber of junks and sampans
states that the casualties in the time a detective arrived, defen. the defendant.
Before proceeding with the case, the peting for the Schneider Trophy the 18th Army Corps) are on the sunk between Shiuhing and Spike Jerusalem are at present unknown. dant had already left the house, but instead of going
has practically vanished owing to away, he remained Magistrate said that he would like to
move through Kiuklang,
Island.
When order is restored the Gov thereof. No. 82. Connaught-road putside in the road continuing his flow make a few remarks. He had looked the non-success of the sole Ameri-
It is unlikely that these men are The Asiatic Petroleum Co.'s launch ernment of Palestine will be pre- West, 1st floor. merchants, for of language.
to the fiets of the case, and it was can would-be competitor, Lieut. $2.820 heing damages for breach
clear that the order, stated above, was Williams, in the final tests of his proceeding to service in Manchuria "Cheong Kong" was sunk at Shin-pared to receive communal deputa- of contract.
The defendant, Mr. Rendall said, was making vessels safe, and that the mas
brought into force with the view of aeroplane "Mercury Race," which as they are too far from the "war" hing. It is considered that any at- tions.
tempt at salvage is impracticable at A company of the Trans-Jordan an ex-professional boxer ----
thrice failed to rise.-Eeuter's i
present.
Frontier Force have arrived at Defendant: I beg your pardon, Iter of a vessel was responsible for any American Service.
contravention. The definition of a mas.
MAILS VIA SIBERIA
Some houses were destroyed and Allenby Bridge to prevent a possible was an amateur boxer,
more than a hundred people were contingent of Trans-Jordan Arabs ter, he said, was any persons, beside
MANILA SAYS & BAGS ARE
killed, following the collapse of a coming to Jerusalem. the pilot, who had command of the vessel,
barrack.
A Communique LOST
Calro, Yesterday. The British
sent troops "temporary duty in Palestine" con- aist of two officers and 50 men of the South Wales Borderers by air. and three companies of South Wales Borderers, company of Green Howards, and a section of sappers by train.
British Troops
London, Yesterday. The War Office announces that at the request of the High Commis sionerin Palestine, the Governor and Commander-in-Chief of Malta has been instructed to despatch the second battalion of the South Stafs Regiment to Palestine.-Reuter.
The American Request
Washington, Yesterday. With reference to the request of American visitons in Palestine for an American warship, the American Consul at Jerusalem has informed
tish authorities have taken the most the State Department that the Bri-
adequate measures to deal with the disturbances. The general attitude of the State Department is that the "British are fully equipped to take killed and 21 injured-Reuter.
Considerable doubt is expressed whether the United
will States
Difference in Price Plaintiffs allege that defendants entered into two separate con- tracts with them, on March 3 and 10, 1929, for the purchase of "Java 24 coarse
sugar," one of the
Only a Technical Offence
Mr. Rendall actúrdingly corrected himself, and said that when in drink defendant used his knowledge of box ing to terrify people. He told the conditions being that delivery was Magistrate, too, that since the sum
Mr. Tinson entered a plea of guilty in a month from mons was taken to be effected
wut, defendant bad of a technical offence and said, in notice being given of arrival of threatened one of the complainant's wit. mitigation that the "Derwent" had been the goods in Hong Kong godown. nesses.
laid un for three months. She was a The statement of claim further Defendant I did not threaten the Chinese-owned and registered vessel alleged that the contract price for witness I used a Portuguese expres. and carried no passenger certificate, 2,000 bags
wassion which the complainant, not under-At the time of the typhoon there were (3.300 pigals)
A boatswain, six deck bands, a third 37.83 per picul; and for 500 bays
825 piculs) was $8.33 per pirul; *000000005000297671erginer and four engine room, hands
that the 2,500 bags were sold at $7.30 per pical: leaving a differ- ence of $2,598.75; to which had to be added storage at 5 cents per picul and auctioneer's fee of $25. making a total of $2.830. It was claimed that defendants fail- ed to take delivery as stipulated.
Hitch in Procedure Plaintiffs were not present nor legally represented.
A hitch arose over section 298 of the Gode. which reads as fol- lowa:-
"If the plaintiff appears, but the defendant does not appear, the court shall, before trying
GUNBOAT ASHORE
Unconfirmed News About
"Baluy" on Yangtsze
Another war vessel in China is reported to have gone ashore. A Royal Naval communique issued this morning says that the French gurboat "Baluy" has been stated to be ashore at Luchow, on the Upper Yang- tsze River, but the news is as yet unconfirmed.
*******tterdøde gado
the cause, Inquire into the serstanding the language, misinterpreted. vice of the writ of summons, of
on board. This crew was sufficient to raise steam if it was needed. Under the circumstances he would ask hie Worship for leniency.
Safe to Other Vessels The Magistrate replied that his view of the case was not so much that the ship was safe from the typhoon, but that it must be rendered safe to other vessels. As that was the first case brought to his notice, he would impose a nominal ane.
Defendant was accordingly fined $20.
"A PACK OF LIES"
JUDGE'S VIEW OF STEWARD'S EVIDENCE
"CHARLES HARDOUIN" CASE-
"A pack of hes" was the description witness concerned in Court, but he used this morning by his Honour the would not press that matter.
diction, in reference to the evidence of the Supreme Court, Summary Juris
he could accopt defendant's explans. His Worship said that in that case
tion.
BRITISH INTERESTS
Best Served by "Shaforce" Remaining
London, Yesterday.
A plea that British interests in China, can best be served by letting the Shanghai Defence Force remain there is made in the "Sunday Times" by Mr. Richard Hope, an ex-resident of Shanghai.
He declares that at present the Defence Force is the "only thing that stands be- tween order and anarchy."
STAMP DUTY
SHANGHAI GETS LOCAL NEWS BEFORE COLONY
says:
The
A REUTER'S MESSAGE
FEAR PREMATURE -
The "Manila Bulletin" in its issue of August 21, states:"
At Ma-ning, the gunboat "Kam Ma" appeara to be a total wreck; but all the crew were saved. The crew state that the gunboat "Fei Pang" aank near Sam-chau.
Trading Junk Survivors
"The fate of an entire consign- ment of European mail sent
on July
A local fishing boat returned to 12. from
Manila on the "President the Colony during the week-end, Tail to Europe via Siberia is caus-
#639488*£96&S❀2&5&
ing mach Warry to unif
postal au- thorities. Fear is expressed that the mail may have been blocked either by Russian authorities or the Chinese officials, as the railway where the mail matter passes is included-in-the war zone of the present Sino-Russian imbroglio.
The missing mall consists of five United States bags and it.contains registered letters, second class mail matter, and other valuable registered articles, it was learned.
FAIR GENERALLY
This morning's report from the Royal Observatory states: Pressure is now highest to the east of Japan, and con- tinues to be relatively low to the east of Luzon. A depros- sion is moving north-eastwards across the Yellow Sea.
Forecast: Light easterly or variable winds; fair gener- ally.
Reassuring Statement In order to ascertain
the true position of affairs for our Manila contemporary, a "China Mail" re- presentative called on the Superin- tendent of Mail this morning and ¦ 68800238322426858639 learned that the mails for Europe
were
A Reuter message from Hong via Siberia sent by the a.. "Presi- bringing survivors of a trading junk Kong to the Shanghai newspapers dent Tafy" which left Hong Kong on which was sunk in Chinese waters
July 15,
re-forwarded to during Thursday's typhoon. committee appointed to con-Europe via Suez by the Blue Funnel The survivors numbered Six the evasion of stamp duty on share taking place at Shanghai. sider ways and means of preventing liner "Idomeneus," the transhipment including the mistress .of 3
junk. transactions and estate duty on shares
Their story WES that of maile leaving the junk was on the trip
were also Chinese territory, with a caryo
Another batch
2
On
Paisne Judge (Mr. Justice Wood), in have now completed their investiga Hong Kong on July 16 by the MM. to Hong Kong from Tongkun in decide to send an American vessel
The Magistrate remarked that it was the statement of claim. and a serious charge to bring against the notice of trial on the defen- defendant. dant."
Mr. Rendall said that he had the Mr. Jenkin pointed out that the writ was served on May 17 and that on May 23, Messrs. Hastings Dennys & Bowley entered an ap
a defendant. pearance for defendants. The
Plaintiff was Chau Sui-Bái, mier- An Unfortunate Individual statement of claim was served on
chant, No. 22, Connaught-road West, June 17, on defendants' solicitors. Addressing the defendant, his Wor-2nd floor. He sued Kwong Lam, stow
with ship said that it seemed that defen-ard, No. 3, Moon-street, 2nd floor, for In regard to compliance
dant was one of the unfortunate in- $400, being two months' rent due in that part of the section on ser- vice of the statement of claim,
drink, and advised him that it was the s.b. "Charles Hardouin." Mr. Jenkin made three submis best to keep off drink' altogether. It sions which led to his Lordship's was a pity
Mr. A. él Arculli was for defendant that among non-Chinese and plaintiff appeared in person. members of the community such a Plaintiff said that under a verbal thing should have happened. It was a contract defendant agreed to pay rent pity also that defendant had used his at $200 per month. knowedleg of boxing to intimidate Mr. Arculli submitted that he had no people.
case to answer but his Lordship dis
"Black" Money
remarks.
tions.
The Hon. Mr. J. P. Braga signed liner "Chenonceaux"
the committee's report under reserva-transhipped to the same Blue Funnel of 70,000 bricks when shortly after "Raleigh" is the only American
recommend
at
dividuals who lose their temper when in respect of the stewards' department of | $98886699086 pán o Kong, and then make its way to stood no chance against the strone despatch of another vessel from
1929 rainfall.56.10 inches
Average
Deficit
.64.02 inches
7.92 Inches
All
American
events
to the Near East. The light cruiser
tion. Mr. J. Scott Harston, a former
boat at Shanghai.
European waters Partner in the legal firm of Deacons,
noon on Thursday they were caught warship in signed a minority report.
In view of the fact that mails for in the gale whilat still in Chinese present, and she is under orders The Committee
to return to the United States, two Burope via Suez, if put on board at waters, near Chikwan. proposals. First they suggest it Shanghai, had
which would Heavy laden as she was, the junk
necessitate the to return to Hong
Big waves
waters should Singapore and thence to the usual wind and rough sea. ports of call, the fear entertained by caused her to fill rapidly and she warrant such procedure.-Reuter's
American Service.. our Manfia contemporary is there. sank within a few minutes. fore premature. There is no reason the occupants were thrown into
Earlier News Three Submissions
to believe that the Manila mail was the sea, and five women and a boy
Malta, Saturday. The first was that the cause
not re-forwarded in the same way
of six were drowned.
It is strongly rumoured here that having been set down for trial, it
as that sent from Hong Kong and
The remaining six members of the warships "Barham" and must be deemed that the time had Defendant: I felt very sorry
****************6606 by the same steamer.
the crow clung to wreckage and "Courageous" and two light run out for the filling of the state-next day, and am ever, now sorry for
drifted about, until Friday morning cruisers have been ordered to pro- ment of defence and, before that what happened."
In the witness-box, in answer to his dividends to subsequent unregistered should be made illegal to pass on
when they were rescued in a very seed to Palestine in connection time can begin to run, the state The Magistrate said that he very Lordship, defendant said that he did purchasers under a penalty of $1,000,
exhausted condition.
with the Wailing Wall, rioting in ment of claim must have been much appreciated defendant's straight not have to pay any rent in respect of or the total amount of the dividend CHARGE ÓF MURDER AGAINST
Jerusalem. served. His Lordship disagreed.
forward admission and expression his busines because he received no pay in question, whichever limit is the
(Continued on Page 7.) FISHERMAN The second
regret, and advised him that in fu- and had to maintain his staff. He also greater. In the second place they re- was that Messrs. Hastings, Dennys & Bowley having with people, with whom he came in con-paid $250 "black" money to get the ap-in the
Lure to try to be more neighbourly said that he and a former co-partner commend that registration of shares
name of a deceased person A Chinese named Chau Kun- entered an appearance on behalf teet. He would be bound over to be peintment as steward for a year. shall be regarded as prima facie evi-sing (28), of Tai-tong village. Police Station, This was reported of defendants, they had impliedly of good behaviour for six months in a Defendant catered for the so-called dence, for purposes of estate duty. Pingchau Island, Mira Bay, has to the Police Headquarters by wire two of the Kowloon Dock launches,
the agreed,
Hardouin."
Press
LEFT TO DROWN
On Lamma Island On Lamma Istand, damage was done by the typhoon to the walls and windows of the Yung-shu-wan
I
was salvaged on Saturday by undertaken to accept service of surety of 350, and also pay $6 toward European meals on board the "Charles that the
deceased person WAB the
less by Police launch No. 4 the statement of claim (which had costs to complainant.
by the Police at owner of the shares at the time of been arrested A witness for plaintiff his death.
Taipo on a charge of murder of from Police launch No. 2, reported
Another wireless message received and towed to the docks, where she been thus served and accepted, Before defendant left the Court his was the caterer for the tea and fruit
in now undergoing. extensive re- It is
is grossly unfair to the local a fisherman named Chau Kun-tse, that the steps of the pier at Castle pairs on the slipway. prior to his Lordship making an Worship said: "Comfort yourself in a sold on board,
(which, incidentally pays on board fishing boat No., 6263-W Peak have been carried away. order for sevice un solicitors for neighbourly manner in future. You His Lordship referred to the signi- large monthly fee to Reuter) that
The Star Ferry Wharf on the the defendant.) His Lordship dis- won't let your temper get out of con- ficance of this witness's evidence as facilities should be given to a news at Mira. Bay on August 7.
Fall From A Tree.
Hong Kong side had the roofing of agreed again,
trol again, will you?"?
showing that a parallel contract was agency that are denied to or withheld. The prisoner and the dead man' Whilst cutting down branches of the landing stage (facing Queen's Defendant: No, your Worship.
on matters of were clansmen, in existence and that such stipulated from the local Press
They were out for the payment of rent.
vital importance to the whole com- fishing with another man when the the typhoon, Chinese employed this was damaged by the typhoon. trees which have been damaged by Statue Pier) fixed on Saturday. munity.-E. "China Mail.”] Can Be Sued Twice!
tragedy occurred. A report of the by the Botanical and. Forestry De-
The door of the Public Telephone Mr. Arcalli pointed out that whereas
affair was made to the Police by partment fell from a tree in Na-box at the Star Ferry Wharf, also "The ref. 'ere "as swallowed is his client had been signed off by the
the third man. He said that than-road, Kowloon, Sai Nam S.S. Co., Ltd., the witness satisfactory to Mr Arculi in respect whilst they were fishing, a quar-receiving, injuries which necessit-smashed by the typhoon.
yesterday, the Hong Kong side, was for plaintiff was still a caterer, that of any claim by the company against
The clock at the Railway Station plaintiff was a director of the com-defendant relative to the "Charles Barrel arose between the two Chaus.ated his removal to the Kowloon
Accused pany, and that he (Mr. Arculli): did douin."..
was alleged to have Hospital. His condition is not cona Kowloon, which “went on strike" struck a blow which caused the sidered serious..
during the typhoon, is not yet func- not wish to say more on the question
tioning.
on the
The third was that his Lordship. having made a (subsequent) order for service of documents solicitors, such order appled re- trospectively to the service of the whistle." statement of claim on the solici tors. To this his Lordship replied
"Garn! Don't believe yer."
"Well, you listen while I biffs 'im
that the order applied to the fu-on the back." ture and that he "did not like
retrospective orders at all."ME
Adjournment Ordered
Liberty to Apply
DEMOLISHED
ROOF OFF ANOTHER
of significance. Mr. Arculli also said In responce to an application by Mr. other man to fall overboard, and that if his Lordship gave judgment Arcaili, bis Lordship made a further then, in spite of the third man's CLUB HOUSE AT KING'S PARK for plaintiff, defendant could still be order giving liberty to defendant to protest, salled the boat away with- Accordingly, under section 299 of service. on Messrs. Hastings, sued by the company for rent apply for a re-view, on the law, without troubling to rescue Chau Kun- the Code, which reads W Denays & Bowles, whom his Lord- Els Lordship announced, that he was in seven days, the evidence having tie, who was left to drown
"If it is not satisfied as to the ship declared to be still on the inclined to believe plaintiff's story. He been closed.⠀⠀⠀⠀
Subsequently the accused disap- service on every party, the court record as solicitors for, defen- Gave judgment for plaintiff in the claim Plaintiff then asked what would happeared. shall direct such further service dants
and costs; execution stayed condition pen if defondant ran away to Canton to be made as it may think fit, Mr. Jenkin, in stating that helpen payment of Judgment debt into or elsewhere within the seven days.
Court within seven days and shall adjourn the trial of desired as short an adjournment
His Lordship smilligly replied that His Lordship made a further order defendant would not run away as ha the cause for that purpose,” as posible, mentioned that defen- that the money paid into Court was had appeared in Court several times hia Lordship ordered an adjourn- dants were aware of what was, be- to remain in Court until the Sai Nam and that judgment had been given, on ment until Saturday, and for re- ing done.
SS. Co., Ltd, has given an indemnity those occasions.
The China Light and Power Com- pany Recreation Club-house at King'a Park was demolished, while
Altogether five corpses have been brought into the mortuary from Aberdeen, on the south side of Hong Kong Island, as a result of Thursday's terrific typhoon.
The cause of death in each case was drowning. Three bodies were taken in yesterday, one on Saturday
My dear, Charles was perfectly the RN.O.S. Club-house was de- and one on Thursday. priceless last night."--
prived of its roof as a result of the It is believed that the victims typhoon
belonged to the boat population of The CPR launch "Vancouver" Aberdeen harbour.
"In what way ?"? "Oh, broke again.