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THURSDAY, JANUARY 9, 1930.
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ALLEGED LOSS OF CIVIL WAR NOW WELL
DIAMONDS
IN HAND
COUNSEL AND QUESTION OF WHEREABOUTS OF TANG SENG-
ONUS
THE END IN SIGHT
Arguments on behalf of the Banque de l'Indo-Chine, in the claim against them for over £5,000 for the alleged loss of a parcel of diamonds sent here by post from Antwerp in |1922, were put forward in the clos- ing stages to-day of the `Original Juriaidiction action which has been engaging the attention of Sir Henry Gollan, C.B.E., K.C., in the Supreme Court all this week.
The legal aspect was put forward by. Mr. Eldon Potter, K.C., with whom is Mr. H. G. Sheldon (ins- tructed by Messrs. Johnson, Stokes and Master).
In reply to an offer by Mr. Potter, Mr. F. C. Jonkin, C.B.E. (Instructed by Measra. Deacons) stated that he did not wish to avail himself of the use of evidence given de bona esse by Mr. Korwin, sub-manager of the defendant bank in 1921..
Mr. Potter's reason for not put- ting forward this evidence was that Mr. Piguet, the present accountant, had given more complete evidence yesterday on the procedure adopted by the Banque.
Mr. Potter referred to what he described as the most important elements of Mr. Piguet's evidence. He dealt with onus and said that, eyen assuming the parcel belonging to the three plaintiffs (diamond merchants of Antwerp) had been re- ceived by the Banque (via the Hong Kong Post Office, to be handed here to one of the plaintiffs) for safe custody, Mr. Piguet's evidence was such as to negative any allegation of gross negligence on the part of
the Barque.
No Suggestion of Negligence There has not been a sugges- tion of negligence, Mr. Potter con- tinued, unless mora. loss of the parcel can be held to be a prima facie case of negligence.
"Our evidence-if it is accepted by your
almost Lordship goes
without saying, and it has been unchal- lenged in cross-examination, to rabutany suggestion of negii- gence by mere loss," said Mr. Potter.
Counsel for defendants also sub- mitted that Mr. Piguet's evidence established conclusively that the loat parcel was not received by the Banque for safe deposit (in the banking meaning of the phrase): that Mr. Koralizer (first plaintiff, who was in Hong Kong to sell the diamonds) was awato of the "anfe deposit" procedure in the Banque, and that he used that procedure on four (other). occá-
|
|
·
CHI STILL UNKNOWN
INTERNAL AFFAIRS
It is reported that General Yen Hsi-shan (who has been appointed by the National Government to take charge of military operations in the North of China Proper) is pressing for the appointment of one of his proteges, General Fu Tso-yi, to the Chairmanship of the Shantung Pro- vincial Government, states a Royal Naval wireless communique issued to-day.
The message adds that the troops under the rebel leader, Tang Seng. chi, will, it is anticipated, declare their 'alleglance either to General Yen Isiahan, or direct to National Government.
Official Statement
the
Nanking. Yesterday. At the Weekly Memorial Service on January 6, President Chiang Kai-shek reported that the military situation against the rebels was will. In hand. Two divištial command- era under Tang Seng-chi have been captured, but the whereabouts of Tang, whose forces under Liu Hing are being sarrounded, are unknown.
The President added that the Vice- Generalissimo, Yen Hsi-san, having arrived at Changchow, has decided launching an offensive against the to despatch tupops to Loyang, Kuomigchun. General Ho Ching- chun is leading the 5th Route Army to suppress Tang Seng-chi.
As soon as the war ends, the
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Government will immediately give attention to internal political affairs. With regard to the question of the abolition of extralify, America and the rebels have broken into three, Britain, have not signified any groups, dispersing over the neigh- objection, while Japan has made no bouring villages. declaration, although France holdo an opposite view.
(-
Advance Ordered
Hankow, Tuesday. To Restore Traffic
General Liu Shih has ordered five Changchow, Yesterday. divisions to advance by three routes General Yon Hei-san has sent an to attack Yeucheng, the only city, engineering corps to Hauchang un- which Tang's remmams are now der the direction, of, Geïïèral Llu į defending. Chen-hus for the repair of the Ping- Han Ballway so as to restore, the traffic within the shortest time.
Nanking, Tuesday.
Over ten planes have been daily sent by General Liu Shih to drop bombs on the rebels, who are likely to retreat from Lul-ha, towards
The Shensi troops are advancing forward along the Ping-Han Line; the vanguards are reported to have | Hang-cheng. arrived at Hauchang.
Following the fall of Chengchow. Chu-ma-tien, Linyue, and Hauchang,
(Continued on next Column.)
Due to the wavering of the Insurgents under Kung Hao, the National forces captured Hauchang on January 5. Tang Seng-chi hus fled, his troops retreating towards the north of Honan.
siona. That procedure was not followed in regard to the parcel The flight of Tang Seng-chi has under dispute; the parcel was demoralised his troops. Most of only handled by the correspon- the rebels are surrendering to the dence clerk; and the Banque were National forces; the remainta con- prepared to hand it over to Mr. sisting about 6,000, under the com-, Kernitzer without a receipt. mand of General Liu Hing are Mr. Jenkin Isto reply and judg-retreating to Yencheng. - Canton ment will be delivered later. News Agency.
RICHARD BARTHELMESS
Per
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.Taiyuan
10. Kidderpore ..Fushimi Maru
Shangbai and Swatow
Sunning
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London, Dec. 12, 1929) .. US.A. (San Francisco, December 18, 1929),
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