FRIDAY, SEPTEMBER 6, 1929.
ANDRES SEGOVIA
"THE WORLD'S GREATEST GUITARIST"
PROGRAMME FOR TO-MORROW
The following is the programme for the recital to be given in the night Theatre Royal to-morrow by 31 Andres Segovia, famous
guitarist:-
Study in C'
The Variz
Suretala
Stoply.
Fazur
Coorumis
Sarabande
Gavottr
Menuet
Fandango Inso
Sevila
Legende.
1
„Sur (1778, 1889)
do..
..Malate. Tarrega.
Bach.
TAIPO TRESPASS
TWO SUMMONSES AGAINST MR. BRAYFIELD
1
THE
CHINA MAIL,
Further Mr. Prior alleged that Permission is given by your the shore was also a public shore.agents for people to do so?- "Mr. Baker puts obstacles in the Yes, way, apparently without rhyme. and reason."
"If I wanted to get to the pier," AN OLD FEUD ALLEGED
his Worship said, "I should go by "The administration shall make the road through the station." "Long Standing Feud" : and maintain for the accommoda- į Gon of the owners and occupiers } "This extraordinary summons of lands adjoining nay railway- has been taken out simply for per- (1) convenient crossings, bridges,sonal reasons; in the furtherance arebis, ca verts, and passages over, of a long standing (what I may under, or by the sides of. or lead- enll) feud. Ing to or from sun railway for the purpose of making good an inter- rupiims caused by the railway The use of the lands through which such railway is made; and"
:
Isn't it reasonable that if people can get permission to walk along there, Mr. Brayfeld can get per- mission to ride along there?—No, it's against orders.
So is walking? There are notices forbidding people to ride along there.
"Like a Rat in Trap"
In reply to the second sum- Prio said that Mr. It was early in the mons. Mr. morning and there were no trains, Brayfield "most strenuously denies and no question of trouble or ae damaged the padlock." nuisance
... call Mr. Baker." Evidence for complainant was M. Priar continued.
(watchman) given by Kang Mok The foregoing, being a part of
Mr. Baker derlined to give evi-and the booking clerk who had al section 1 of Ordinance No. 21 of dence unless he was legally re-ready testified in the first case. 1909, che Railways Ordinance) presented. His Worship announe- At one stage the Magistrate was entitled asked it a trap had been laid on Haydn.
was relied on by the defence yes that Mr. Baker
to notice. Mr. Prior thereupon the night of August 25 and Mr. Turina,terday during the bearing of a
that ono T. II. G.plied for a subpoena. "Isn't he Baker agreed against Mr.
had, in A Beniz, Brayfield. resident of Taipo, entitled to reasonable notice?" his order to find out. who had been
Mr. Robert Baker, Werships asked.
breaking padlocks recently.
Chunndos. Summons
PRESS IN CHINA
“IMPARTIAL BUT NOT
XEUTRAL"
The "Chiou Critic" of August 22) publishes the following:
il
Mr. Prior then read section 15
One of the witnesses said that after replacing a
taken out by M. Inst.C.E., Manager and Chief Engineer. Kowloon-Caston Rail (sab-section 1) of Ordinance No.Mr. Britfield,
3 of 1890 (the Magistrates Ordin-padlock on the gate in question, way British Section).
climbed ever another (iron) sate.
Mr. J. A. Fraser 31.C. (Stipen-anee) as follows:- diary) Police Magistrale in the New Territories (North), beard! The rase at the foar in the Tai- po Land Ones.
Commating on the recent actions, Brayfield.
Mr. J. T. Pring appeared for
There were two surusansen as
taken by the National Government toward the "North Caina Daily low- Now" and rerusin foreign cor-i 20spondents
“On August 23. did wilfully ride i thing, the "Newge lend a horse alongside the rail- Yk Herald-Tribune,” in away, contrary to section at of the willi rial on July 9, draws attenti in Railways Ordinance, and
"On August 25, did wilfully padler helenging to the Railway, enzimury to sertion
if he (the defen-To this, his Worship remarked to dant) does not admit the truth Mr. Brayßeld that he must have et, the complaint or informa- been very active at that time. tion ..
...then the augis- Mr. Brayfield replied saftly, from frate shall procend to hear upon his seat. "I was like a rat in a nath the complainant or inform-trap." ant..
, and such witnesses as may be produced
Must Give Evidence
1
His Worship decided the point favour of the defence, adding am afraid that is the case. Mr. Haker."
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ing:
LILIUS CASE
ALLEGED FRAUDS ON SHOP KEEPERS
FURTHER EVIDENCE
Yesterday evidence for the pro- secution was concluded before Mr. T. S. Whyte-Smith. at the Kowloon Magistracy, in the case in which Aitko E. Lilius, n American citizen, and described as a journal- ist. is charged with a series of six alleged frauds on various Kowloon shops.
*40 Cents a Dozen" Mr. Prior submitted that there was no proof that Mr. Brayfield Mr. F. C. E. Rendall, who appear- had damaged the padlock and thead for the defence, at the conclu- exhibit in Court did not appear sion of evidence, submitted that he to have been damaged."
had no ease to answer, but the Magistrate overruled him.
Accused then gave evidence. He claimed to be a journalist of repute, ability, and an author. He was a photographer above the average
connected with Press Associations in different parts of the world, and his work appeared in Hame papers, like
to th. fact that the operation of ex- trater rideindig, pats the thines damage
Mr. Baker: Very good sir, but His Worship decided that there Government at a perder disad
am entitled to obtain legal as was a case to answer. Mr. Prior "Vantage. "A Foreign newspaper can 56,"
then called Mr. H. A. Rodgers, of sistance. in China," states the journal. "inasi Mr. Friar pleaded not guilty"
The Magistrate: I see no renthe Hong Kong Land Investment irresponsible immunity Tronto both cirros. After evidence on why you shouldn't go into the& Agency Co. Ltd., who was Mr prosecution which either bhi Chi-had been heard and both rides
Brayfield's guest on the evening mese colleague or the foreign com- had arvard. his Worship corviet
Prior to this. his Worship hadjof August 25 and followed Mr. menter in other countries eajossed on the first sumunas and dis-suggested that Mr. Baker appear Brayfield, at a distance, through He is nat subjet 16 Chinese law charged Mr. Brayfield
ed as prosecutor or as representa- the gate. the aud ein be praseruled in eaurts of verond summons, finding that the five of the Railway and could Mr. Brayfield also gave evi-
he damuge was very
therefore be called Mr.dence. He remarked, in the wit For the first offence, a argued that he, as the Man-ness box that the exhibit was a
his own natomy only.
lives in the legation quarter inproven.
Peking or in one of the
273 elight and st
the "lustrated London News" and the "Daily Mirror. Books and articles which he wrote were also published in Sweden and other.
foreign fine of $10 was imposed. In view/ger, could not, as counsel' could, very cheap piece of machinery European countries, as well as in
selements in Shaghai he lives in of its Ramous nating, his Wa
する
Yet
foreign land, completely inter ip added, he bound Mr. Brayfield fareiga jurisdi-Lin
he is over in a sum of $100 not to do likely to take an active part in Chi-the same thing for a year.
incunerivalde] nese politics. 1:
that an American or English newa-j paper on the European continent,
News"
the
Evidence of Trespass
Fun Kam-fook, boosing clerk of the Taipe station of the Railway,
"reprezent" the Nallway; and that the complainant mentioned in the romplainant. be wits liable to be ummons was the manager. As
called.
Mr. Baker in the Box Mr. Trier (to Mr. Baker, on
and a very poor type of lack even for the dimensions of the exhibit. also that there was a Chinese
character on the exhibit and that
"40 cents
3
read this might dozen,' (Laughter.)
Argument
the construction to be placed upon Mr. Prior quoted Halsbury for
"any other matter or thing be longing to the railway" in section 56 of the Ordinance. He argued that this phrase did not include a padlock and, he asked 4IS 4 padlock a part of a railway ra tion?" He also submitted that it I put it to you that this sum is natural for a person to pull at mons was taken out in further-a lock on a gate, hoping that it
path): What was the purpose of for instance, should carry on a per- was the only witness called by your inking out this summons? sistent and bitter war against a
Mr. Baker to prove the first in order to prevent trespass by Onvpean government such as the British-owned "Narth China Dailyed, or quote from, a report sent
charge. Mr. Baker desired to eattle on the line.
has waged against
So then cattle are a danger to Sati vaadist Government from is into the Traffic Manager, but this passing railway traffic? They are. was ruled out by his Worship. Do you think that Mr. Brayfield Witness then said that at 6.35 this case was ♫ danger to am. on August 23 his attention passing traffic?-No. was drawn to the railway line. He saw Mr. Brayfield leading
says:
middle
in
America.
He (accused) always had to wait for payment for his articles, and he had obtained credit in Hong Kong in the same way as any other person obtained credit here.
Free Passages
Lilius then went into details of his movements since arriving here on the s.e. "Taiyo Maru" from Tokohama on May 20. He had a free return passage valid until September 1, because he did some publicity work for the shipping company. He stayed at the Penin- sula Hotel, Kowloon, on the arrange- ment that he would settle his ac- counts whenever hie money arrived from abroad. What money he had
reption."
Continuing the "Herald Tribune" "The North China" began by betting the Nationalists and has continued to magnily every re- volt against them and every failure se, approaching him along the ance of a private feud between is only shut to and not locked, path between the two you and Mr. Brayñeld, and for no and pointed out that the lock canter Mr. Brayfield reached the other purpose? That is not cor- off in Mr. Brayfield's hands. His with him he reserved for his travel- platform, mounted and rode to- rect.
Worship observed that Mr.ing expenses in connection with his wards the sea. About 20 minutes You know that Mr. Brayfield Brayfield had admitted palling work. later. Mr. Brayfield returned on has been in the habit of riding twice. horseback, by the way he had his horse along the line for some Mr. Baker submitted. In his fair that as a foreigner he shoulda Rone, came into the station, and time?--We have had to clean up reply, that some misunderstanding Office here studying certain matters
within their ranks. One at least of the proscribed journalists suspected of having been a parti cipant in conspiracies to overthrow Nanking. His inverity may be above suspicion; hul it seem hardly
tracks.
went outside by the wooden gate to the road.
"Abuse of the Court" cross-examining,
Before
Mr.
continue to enjoy an immunity which his Chinese associates cannot share. Som of the journalist have been guilty merely of over- skepticism of Nationalist stability, Trior said that he was surprised so much so that one may well be that Mr. Baker was not going into lieve that some offices had begun to the
witnesa box. The case be skeptical of their capacity as for the defence was very simple. prophets Unfortunately, the action it was based on two points and of the Chinese government suggests he. Mr. Prior, submitted that rather the suspicion that they have there was no merit in either sum- ably ferrited on unpopular truths."mons.
His Worship said that this Considering the date of this' editorial, it is to be presumed with old be discussed later. reason that its writer had a chance
Mr. Prior replied that he desir
ad to cross-examine Mr. Baker. 10 read "China's Atteropt to Muzzle the Foreign Press" before the fore- There must be a right of way, he going ramarks were made.
after them. We have had to take away the bodies of cattle.
Do you think that there is any danger of Mr. Brayfield or his horse becoming bodies?--I do.
Through a locomotive-Yes. Gates Locked
Up to a short time ago there were railings to the seaward side of Taipo Station-Yes."
Accused also said that he had worked at the Colonial Secretary's
in connection with his work, and had frequently visited Macao and Canton in that same connection. In these movements he had never been hindered by the hotel offelals. Lilius added that for the purpose of a book which he was writing, he was making investigations with re-
appeared to exist with regard to railway properly. The railway had bought it from the Govern- ment and it was private land. The railway was entitled to lock its gates if it wished. Other sta- tions like Kowloon (and else
and no one where) were locked even noticed it. Only a few yearsgard to pirates. ago, the railway had watchmen at every station.
Speaking about moneys he recaív- ed for his contributions to various Inciting Others
papers. Lilius said that in Jute he Mr. Brayfield, continued Mr. received remittances amounting to
The Baker, was an educated man.
about $700 from various gources, railway would not think so badly including about $70 from the "Hong of the offence if it were commit-Kong Telegraph." During July and ted by an ignorant person.
Those railings have been re- moved? Yes, because they were rotten. They were made of iron, I did not put them there and to my mind they
served ac useful
purpose.
Were they dangerous? They The argued, which it is the duty of were falling down, they were rot- title quoted is that of a pamphlet the railway administration to pro-ting through. published and assiduously broadcast vide.
They have not been replaced? After his Worship had intimat--Not yet. by the North China Daily News." Compared with "China in the Griped to Mr. Prior that the defence .of the Reds" and "China Bol- could net choose the way in which sible
the prosecution was conducted line from Mr. Brayfield's house to bat that тав not sufficient. shevized," this pamphlet is but a mild phase of the great stupidity Mr. Prior quoted from Stone's the pier?--Yes.
"Justice's Manual" and argued
A short time ago it was pes-
for a person
to cross the along to
Lately all those gates have been to impose half-truths on the public. The first mentioned is a reprint of that he could call Bir. Baker, add-ocked?-Two gates belonging to articles featured by the "Northing "the summonses are an abuse the railway buildings have been
of your Worship's Court."
Ching" and written by one of its
The Magistrate: I don't think | correspondents whose present ad- dress is the Amoy Road jail. Dur-you are entitled to say that yet.
ing trial on charges of fraud and forgery. the author admitted that
Ownership of Pier Reference was made to several serious damage to the articles were prepared under the cases of very instruction of the British secret the Railway by cattle; and Mr.
locked. There are several other passages.
It would be
almost impossible to take a horse along one of those paasages? Yes, but cattle do get down.
Mr. Prior also asked Mr. Baker
service and included many things Baker announced that there were if he had cut off Mr. Brayfield's
were not true. Interest in no special circumstances
that
this great work of deception has 289.
in the water supply some time ago, but
He was trying, he said, to Mr. Baker refused to answer that
question. recently been revived, but unfor preven: trespassing.
Mr. Prior then read the section tunately the book is suddenly "out)
His Worship upheld him on the
Access by Trespass
Mr. Prior: My case is that Mr.
Baker is using his position of au- thority and the process of this Court for his own purposes..
of print." "China. Bolshevized, of the Railways Ordinance men-ground that it had nothing to do
He pointed out that on with the case. written by a missionary who had tioned. ventured into the field of commercial the other side of the railway to advertising, is likewise a reprint of Mr. Brayfield's house is a publje articles first serially published in pier which, Mr. Prior said, had the "North China Daily News been maintained by the Public
Works Department. It, too, won for its author some!
Mr. Baker denied that the pier notoriety.. "China's Attempt to
belonged to the P.W.D. and, sub- Muzzle the Foreign Press” is no doubt but a mild follow-up, but equently, produced notices judging from the comments quoted show that it was the private pro- above it can hardly stop the think-perty of the Railway.
To Amuse Boy Scouts
to
ing public from detecting the North
In regard to the pler, his Wor- China's perversion of the laudable phrase "impertial but not acutral" ship asked what it had to do with
Mr. Brayfield's horse,
Sure enough, it is an impossible Mr. Prior How was he to get task to deceive all people at all his horse to the peir? times.
The Magistrate: Why does he want to get it there?
A Spanish Royal decree estab. Mr. Prior: For any lawful par lishes a tax of Bd, payable every pose. On one occasion he want
Mr. Baker: Which I deny. Mr. Prior to Mr. Baker): How can Mr. Brayield get his horse to the pier? He's not supposed to. The pier's not built for that.
Suppose he keeps pige, can he take them to the picr? For tran shipping them, yes. There is a
fee for that..
Payable to whom? To the rail- way.
Mr. Bak
Mr. Baker produced documents to show that the pier is the pro- porty of the Railway. The pier and the land have been debited to
three months, on crystal gets and led to amuse some Boy Scouts by the capital cost of the Railway. a quarterly tax on valve sets of 35 showing them how his horse could⠀⠀ Mr. Prior: There is no public 4d. A 6 per cent ad valorem sax swim. It is up to the Railway crossing: et- Taipo? There is. is to be levied on transmitting ap- to provide a route through the
paratus.
Aug 25 (station to the pier.
Explain them to me? By tres- passing
see
His Worship, giving his deci sion, said he could not find any reason why Mr. Brayfield should ride along the railway. It had been stated that he had gone some Boy Scouts
And his doing 30 would incite others to do the same. He convicted on the first charge but found Mr. Brayfield not guilty of The fire a bond
the second. were as stated.
August he had expected to receive further remittances amounting to between $1,400 and $2,000.
His contributions were always accepted but sometimes there was delay in their publication.
The case
was adjourned until Monday afternoon.
Forty-two persons are to be tried
by court-martial en charges of conspiring to cause a revolution in Rumania on July 4 and replace Be present regime by a Fascist system.
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