OSIXIO
The
Supreme Court
SINO China Mail
FREE WHEELING 2ND ADVANTAGE.
Gear changing is accomplished quick- ly and quietly. A novice has no trouble in making an absolutely quiet- change with dispatch. Gear clashing is: past..
HONG KONG & SHANGHAI HOTELS, LTD.
(Incorporated in Hong Kong.)
+
ALLEGED RAPE OF A STRANGE SHOOTING
DRAMA.
NIECE.
【BLISHED
1845
HONG KONG, TUESDAY, JUNE 9,1931.
No. 27,818
BOYCOTT BY CAR DRIVERS.
Mrs. Matheson and Her Payments.
Slander Action Brought Three Shots at Master
Against Fiance.
$10,000 DAMAGES CLAIMED.
Grave accusations made by the fiance of a young Chinese girl, against her uncle, regard- ing an alleged offence upon her eight Fears ago, formed the subject of a stander action for $10,000, brought in the Supreme Court this morning, before the Chief Justice, (Sir Joseph H. Kemp),
Plaintiff was Se Siu-wan, of 15, Ma Tau Wei Road, Hunghom.
He sued a Police interpreter at
Mr. F. C. Jenkin, instructed bý Mr. A. el-Arculli, appeared for
Barber.
COOK STABBED IN SIDE.
A REASONABLE EXCUSE.
FILIPINO BARBER SENT TO JAIL.
Guilty of Harbouring A Mui Tsai.
WOMAN RESPONSIBLE?
DOLLAR
The
TO-DAY'S closing rate of the dollar on demand, to-day was 111⁄2d.· ́
DUNLOP Special
Extra Construction...
For
Oversea
Motoring Conditions.
PRICE $3.00 Per Month.
FORT MOTOR CYCLE TYRES.
LOCAL DRANCH.
Pedder Bldg.
DRIVER'S ERROR OF ACTION OVER SALE DEPRESSED CASTES IN
JUDGMENT.
Traffic Sergeant Averts A. Smash,
13
STUBBS ROAD DANGERS.
OF PIECE GOODS.
Appeal Against Ruling Dismissed.
ALLEGED FRAUD.
Judgment dismissing. the ap- Was given in the Court this!
INDIA.
To Be Represented at Round Table Parley.
OUTSTANDING QUESTIONS.
Rugby, Yesterday.
sensational shooting The adjourned case in which! Further evidence in the case Fung Fing-tan, driver of a pri- drama, in which four armed Mrs. G. L. Matheson, of "Hunting" against Pedro Bhoy, who was vete car, was summoned before peal.
Mr. Wedgwood Benn, replying robbers participated, took thn," Stubbs Road, is complainant charged with harbouring Chau.Si. Mr. W. Schofield in the Central Full
morning to a number of questions, said place on the ground floor of against Lei Pul, driver of a public hung a Chinese girl, aged 18 years, Police Court this morning, for in the case in which the Chip that it was intended that the per- 601, Reclamation Street, Yau-vehicle who is accused of having at 11. Granville Road, and 11, Chi having driven his ear in a negli-Chung Firm appealed against a sonnel of the proposed Federal mati, shortly before ten o'clock ráfused to take Mrs. Matheson's We Street, on dates before May 30, gent manner in Stubbs Road.
judgment given to the Cheong Structure Committee should be last night. The floor is occufare without any reasonable ex was taken at the Kowloon Magis- Mr. Horace Lo appeared for the Fat Loong Kee, by Mr. Justice as before, with certain ad- pied by the San Pa Sat barber cuse, was again mentioned before tracy this morning.
| defendant and pleaded not guilty.Lindsell, in the Summary Court, ditions which he was not shop. Three shots were fired Mr. Schofield in the Central Police The accused said that the woman' Traffic Sergt. Guild said that he for $416.50, and costs.
yet in a position to announce. at the master of the concern. Court this morning.
responsible for the whole affair was was driving a motor cycle com- The action arose out of supply No formal invitations have Wong Ng, who collapsed.
It was disclosed at the first in Court. She introduced him, and bination along Stubbs Road toward and delivery of certain piece yet been issued. They would be At the second bend goods in which the parties con- issued through the Viceroy and Ho Ju, a cook on the premises, hearing that Mrs. Matheson had told him if he loved the girl, she the city.
been baycotted for the past eight could arrange the marriage.
above Sui Fai Terrace, he saw a cerned in the action had admit- dealt with as before. the Hunghom Police Station, to the Police that at about 9.55 months by Chinese public ear, accused also stated that the wa- Hong Kong Hotel bus coming to telly acted in good faith, but The depressed classes were re- Chan Woon-fun, for defamation, o'clock four fokis of the shop drivers. The reason suggested by man Rosa told him that the legal ward him. Defendant's car was had suffered as a result of the presented on the Conference and uttered and published in the hear-Went out to drink tea, leaving one Mr. Horace. Lo (for the defence) ceremony consisted of buying beer following the 'bus. Without any fraud of a third party. Interest- their representation on the. ing of various persons, on the after the other. About five
He did warning, defendant drove his car ing points in connection with Federal Structure Committee was night of November 8, or in the minutes after the last one had was that Mr. Matheson always and having a big party:" carly hours of November 9 last.
this and he thought that he was past the bus and cut in between agency, and "holding out" of being considered. Asked whether departed the cook saw four Chin underpaid the drivers.
the Sergeant and the bus. Wit-agents, were brought forward in the delay in reassembling the Defendant denied either utter-ese approach the shop. One of Ara. Matheson, it will be remem legally married from then on.
Round Table Conference in Lon- them asked if he
bered, strongly contended that the The woman Ross then went into Dess had to apply" his brakes to the course of the case. ing or publishing the words com-.
could
MrLee-d'Almada, jun. (in- don was to be utilised to attempt have his" plained of, or any words of simi-
boycolt was the result of a chauf- the witness, box and said that her avoid a smash. ears cleaned, Suspecting nothing Ho oblig-six months, when he was caught a married woman.
feur's licence being suspended for full anme was Rosa Ma, and she was Replying to Mr. Lo, Sergeant structed by Messrs. Lo and Lo), further progress in India with lar purport.
ed the prospective
When the girl, Guild said that it appeared to be appeared for the appellants, who outstanding questions concerning customer, and, whilst he was preparing for taking petrol from one of her Chan Si-hung, ran away from her a deliberate error of judgment on were defendants in the Summary the future of the Provisional
Court action, and the Later the part of defendant.
re-Governments, Mr. Benn said that. the operation, one of the intru- guest's cara. Defendant conducted
ders went into the back yard.
Mr. Lo: A man is quite liable to spondents, (plaintiffs in the he was unaware of any funda, err in judgments of that sort ? lower Court), *were • repre- mental, outstanding question sented by Mr. H. G. Sheldon affecting all provinces requiring No Gross Negligence.
(instructed by Messrs. Russ and discussion except problems such Mr. Lo pointed out that the de- Company)..
as communal difficulties and the fendant had driven for four years
The Chief Justice (Sir Joseph relations between the centre and and had a clear record. The case Kemp, K.C.) read his judgment the provinces, which were essen- accused, but he had no option but to was one of deliberate judgment as follows: convict the accused.
tially involved in the federal as whether rightly
Question of Evidence. or wrongly.
well as in provincial constitu- There was no deliberate gross
This is an appeal on the tions.-British Wireess Service. negligence on the part of the de-ground of law from a decision of fendant.
Mr. Justice Lindsell, Puisne and partly on the ground that it The Magistrate: In such a case Judge, sitting in summary juris- did not, în fact, cause them to do the best thing is to exercise judg-diction, giving judgment in anything. They merely continued ment in the most cautious manner. favour of the plaintiffs. The the course which they had already Stubbs Road is a difficult road to facts are stated in his judgment adopted on the word of Lam Yau drive in
in the Court below. There was without--any-representation-on- Mr. Lo remarked that it was anno appeal on the ground of fact. the part of the plaintiffs. The accepted fact that most of the ac
The first ground of appeal was point, however, was not, argued. cidents caused at Home were that there was no evidence on!
Crese Estoppel. mainly caused through some slow which the learned Puisne Judge Thero, seemed to be a 'third' driven vehicle not giving way to could find that the defendants ground of appeal, based on what was
adventurors had held out Lam Yau as having referred to as "arose estoppel,"
authority to pledge their credit. estoppel against estoppel."
plaintiff.
his own case.
Robbed of $250.
Mr. Jenkin, opening the case, said that plaintiff was a partner
On returning, this man is al in the Chung Wo Leather firm. leged to have levelled a revolver He was 24 years old, and unmar which he produced from his gir ried, and at the time of the al-die, at the master. leged slander was living at. the residence of his elder brother, Se Chi-kwan, at Nos. 16 and 17, Ma Tau Wei Road, Hunghom. A number of members of the elder brother's family also lived there, including his wife, his concubines, sisters, a
son, three daughters, and several amahs, This fact was important showing as it did that there were a number of peo- ple living at the place.
One of the daughters was Se Áh-mui. She was now 21 years old, Chinese reckoning, and was The girl, the matter of whose virginity was in question.
She was the fiancee of defen- dant,
Suspicious Swain.
It appeared that on the night of Saturday, November 8 last, rlaintiff had gone out to a party. Defendant and the girl came back about 11 o'clock to the house in
Ma Tau Wei Road. Defendant, after being there a few minutes, spoke to the girl's father,.saying
Mr. Lo this morning submitted that defendant's certain knowledge of Mrs. Matheson's underpayment excuse for his refusing to take her of drivers was a very reasonable
fare.
-
The other
A Day's Movements. three robbers then set upon
Mr. Lo asked Mrs. Matheson i Wong Ng and dragged him to the
at the last kitchen, where they searched him she remembered that and relieved him of $250 in bank hearing she had informed the Magistrate that she engaged' a notes.
In a vain attempt to gain his public car to take her to Lane, freedom, Wong Ng struggled with Crawford's, then on to the Diary the desperadoes. The cook then Farm, and then home, tried to run away in search of Mrs. Matheson: That is so, and assistance, but he was seen by if I go elsewhere I pay them ac the robbers and two of them set cordingly, on him.
One produced a knife Mr. Lo-suggested that on the day in question, Mrs. Matheson and stabbed him in the side,
went in. defondant's car to Lane, Crawford, Diary Farm, Lee Yu
Bound and Gagged,
The master blew a Police whisKee, Kee Kee, P., & O. Buildings, tle, and it was then that he, was fired at by one of the men. The cook was bound and gagged,
After the robbers had run away, the Police were sent for. A loaded revolver and a torch were found lying in a lane at the rear of the shop.
Sui Fal Terrace, and then home
Mrs. Matheson: Not on that day. Mr. Lo: The time you engaged [the car was over one hour and a
half-I did not go to those places.
only went to Lane, Crawford's and the Dairy Farm. Another day.
when I went to Kee Kee and the The injured men were convey-the car, and I met her at the P. other places my daughter engaged ed to hospital.
& O. Buildings.
Asked by Mr. Là how much she paid the driver, Mrs. Matheson re-
that he had been in doubt as to drafted in Mr. Arculli's office, and plied that she paid him $1.60, sixty the girl's chastity. He had tried also that he should give a dinner to get her to see a doctor, but at which he would make a public conts being payment for waiting she had refused. She had got as apology, besides setting off fire at Suf Fai Terrace. far as the threshold of the doc crackers. All the persons in the
the next
90 Per Cent.. Less. Mr. Lo said that Mrs. Matheson
tor's door when she so decided: household when the alleged alan-paid about 90 per cent. less than Defendant then went on to der was uttered were to be pre-the usual fare, and this The make a certain statement involv-sent at the dinner.
gradually decreased until the driv ing the plaintiff. There was. Defendant called
ers refused to take her fare. naturally some consternation in Monday morning at Mr. Árculli's Mrs. Matheson-Certainly the household when the news got office to get the draft letter of That is perfectly untrue.
not, round, as the girl had lived all apology. He was told it was not
Mr. Lo then suggested that the He telephoned the her life in the house, and no ques- curred before. Her mother was the draft letter. The draft was son had promised increased pay- tion of such a kind had ever oc- next afternoon again asking for drivers accepted her fare for about a month more, because Mrs. Mathe- the No. 3 concubine, and had an sent to him, with a covering let- ment every time she hired a car. "ather daughter named Ah Jan. ter on November 25,
The Accusation.
yet ready.
Mrs. Matheson disagreed. Mr. Lo-Cara Nos.. 530 and 79
cident.
immaterial.
two hours and a half.
mistress she took her in. accused came and lived in her bouse, together with the girl.
In summing up Mr. E. W. Hamil. Yes. that the woman ton said that he was of the opinion
Rosa was respon-} sible and as much to blame as the
Three months' hard labour was
imposed.
SOME RAIN.
To-day's weather report from-the-Royal-Observatory
states:
The typhoon is about 150 miles NW. of the Bonina, moving East.
-Adepression is shown over Tongking.
Forecast:S.E. winda; mo derate generally overcast; Bome rain.
Rainfall..
Rainfall for 24 hours end- ed at 10 a.m. to-day, 0.79 inch. Total since January 1-26.91 inches against an average of 27.90 inches-deficit 0.99 inch. Temperature.
The temperature at certain specified centres this morning at 6 o'clock was:-
Hong Kong
Macao
Pratas Island
Foochow
Manila Chefoo Shanghai
78 '77
Bothe other motorist..
more
A fine of $20 was imposed.
An Obstruction.
OF
1
It is true that
I think that this ground fails, confess I fail to appreciate it as a It was admitted, and it could separate ground." scarcely have been denied, that the above two terms are used some- the defendants sent Lam Yau to
Mr. E. Owen, of Lane Craw ford's, was fined $5 for having caused an obstruction with his car make the representation to the times but I think that they express no more than the principle referred by parking it outside Lane, Craw-plaintiffs. He visited the plain-to in paragraph 4 above, ie, that a
ford's new restaurant at King's tiffs and he obtained goods from Theatre Building in Queen's Rond them on the credit or the defen-party cannot rely by way of estoppel Central. Defendant admitted hav-dants. It seems difficult to avoid on a representation induced by hie own misrepresentation. Indeed, ing been cautioned fourteen the inference that he made the months ago for a similar offence representation which he was seat Spencer Bower, In Estoppel by Re- to make, though he may not have presentation, 1923, p. 199, says that that is the meaning of the old HOME 'QUAKE.
done so in express words. formula that "estoppel against es- any case it cannot be said that toppal doth out the matter at large." there was no evidence. MOST EXTENSIVE FOR 35
YEARS,
VIEWS OF EXPERTS.
In
There seems to me to be no ques
That representation was never negatived until it was too tion of two prima facie estoppels late, and I think that it must be cancelling one another out. Fare- well J, in Dixon v. Kennaway regarded as having, vis-a-vis-the plaintiffs, continued during the (1900) 1 Ch. at p. 840, was cited various purchases to which the as an authority, for the existence of Rugby, Yesterday. action relates, and as having He there stated that Simn's Case cross estoppel as a separate thing. Earth tremors are so rare in caused the plaintiffs, on the oc (1879) 5 Q.B.D, 188 was a case of Britain that, although delenio- MOTOR ACCIDENT.ogists say the one which occurred their position for the worse.
casion of each order, to alter estoppel against estoppel, but in
GIRL KNOCKED DOWN. BY, WARDER'S CAR.
across On both ran
the road. She
STOLE A TOY.
TO JAIL
on Sunday was the most extensive That being so, the defendants that case there were not two con- which has happened here for 35
It was not sug are estopped from denying the tending estoppels.
there could
any years, most people slept through it authority which they held out Bested that Objected to. Paying Costs,
undisturbed, and knew nothing of Lam Yau as possessing, unless estoppel against Burge & Co. It The next important thing to
"The stumbling block appar-
It until they read about it in the they can show that this prima was, so far as this point is concern. happen was that after a good deal ently," said counsel, "is that the stopped driving you about a month motor accident, which involved newspapers.
Light-sleepers were condelous of other consideration..........
facie estoppel is excluded by some led; merely an lastance of the prin- ciple of paragraph 4 above. It of turmoil the girl's mother and letter stipulated that defendant before the happening of this in-Mr. J. Johnson, a warder at the
Lalchikok Prison; occurred, on the a slight swaying of their beds and
Sales Misrepresented,
must have been in that sense that rister went to get the plaintiff. should pay plaintiff's costs up to Te arrived some time after, and date. This was over and above can't remember dates; they are so yesterday
Mrs. Matheson-I don't know. Castle Peak Road at 4.45 o'clock rattling of windows, crockery and. This introduces, the second Farwell, J., used the expression later saw the defendant in the what had been agreed upon at
Mr. Johnson was driving a car where the shock was most distinctly ed that a party is not estopped
pictures; and on the east coast, ground of appeal. It is remark- estoppel against estoppel," + common sitting room
The well known dictum from of the the dinner. At any rate, nothing Defendant then gave evidence. along Castle Peak Road and on felt, many people rase to find, if by a representation induced by Lickbarrow v. Mason was put for houses. It was then that defenmore was heard from defendant dant made the accusation of the until December 4, nine days later, He said that He had been engaged nearing Cheung Sha Wan, a girl, any commotion
was apparent at the misrepresentation of the ward as a fourth ground of appeal. offence alleged to have been com- He then wrote a letter in the fol- twice before, the first occasión. being Chan Ling-san (seven), suddenly dea
other side, and it is pointed out That'dictum is very difficult to apply for two hours and the second for emerged from under a verandah and Apparently the centre of die- mitted against the girl, eight lowing strain:
that the plaintiffs, by, issuing and I know of no case where the de- 'Dear Sir:- years previously. After a great
was turbance was in the North Sea. notes which were not in the usual ciafon rested only on the principle occasions he was paid $1.50. On celving a fractured leg and a cut Doctor Jeffreys, the Cambridge form for credit sales, misrepre- onld to be embodied in that dictum. deal of excitement, defendant The statement contained in the first occasion the longest waiting struck by the front of the car, re-university seismologist, puts its in-sented the sales as cash sales. Lord Halsbury, who, quoted an left the house, saying he would your draft letter sent to me on was, at the Dairy Farm, this being above the eye.
tensity as four, as compared with The remark and atatement of fact American form of the dictum in take up the matter with the
November 25 is absolutely un- one hour. On the second occasion The girl was taken to the Kowan Intensity of ten in the case of are undoubtedly correct, but the Henderson v. Williams (1895) 1. Secretary for Chinese Affairs. true. I have never
time accused Se. Siu-wan of hour outside Wing On. Each sub
at ang the longest wait was for half an loon Hospital
disastrous quakes Involving great holding out by the defendante Q.B.. at p. 529, expressed in Far- damage and loss of life. having carnal knowledge of Se soquent stop was for about 20 or 26
A few took place before the misrepre quhareon v. King (1902) AC, at p. fallen chimney-pots was the exsentation by the plaintiffs as to 882, his surprise that two of the Ah-mut, either by torce, or minutes, Defendant said that he
tent of Sunday's damage, and al- the nature of the sales. The hold-learned judges in that case seemed with or without her conscat should have been paid $4.50 on the AGED CHINESE AMAH SENT though as a precaution the railway ing out relied on by way of estop-to be under the impression that the Nor do I believe, or have I ever rat occasion and $4.75 on the believed or had reason, to bend,
headquarters sent messages to all pel was therefore not induced by proposition was "that any person' signalmen asking for reports of the misrepresentation of the who has enabled another by any Iteve he ever had such deal. ings. Under these circum told Mrs. Matheson partly in Eg complainant in the case against a
On May 15, said defendant, he Mr. R. J. Nunn appeared as lines, a careful examination re-tiffs' misrepresentation induced the person to suffer when two in- any effect on the embankments or plaintiffs. Indeed, the plain-means to commit a fraud must be Mr. Arculli, who wrote a letter stances It Is Impossible for melish and partly in Chinese, that he Chinese woman Chan Sam, at the to defendant. The letter was not to sign any such document as refused to take her because of her Kowloon Police Court to-day. The earthquake may have caused the it confirmed the defendants in depends on the sense in which you
vealed no damage.
no representation at all. on the nocent persons are in question." In London it is thought the part of the defendants. At most As he proceeds, to point out, it answered, and, as a result of your draft letter?”. further conversation, at which Counsel went on to say that manded $8 per hour and Mrs of a toy motor-car from 3, Prati discovered shortly afterwards in ed at in reliance on the word of abled.". Here I do not think that
underpayments. He definitely de-accused was charged with the theft burst of a water main which was the belief, which they had arrivare to understand the defendant was not present, a defendant had been a long time
word "en- writ was issded on, November 17, adopting that atitude. He would Matheson disagreed.
Buildings on June 5, claiming damages for defama call a number of witnesses we driver said that even if the Police was formerly in her employment,
In answer to the Magistrats, the Mrs. Nunn said that the accused Shoreditch-Britlah Wireless Ser- their own servant, Lam Yau, that it can be said that it was the cash tion. Two or three days after were present on the morning of did take action against Mrs. Mathe- but was discharged as she was in- ISLAND AS TARGET.
they were doing business on a vouchers which enabled the fraud to that a fellow-Police interpreter November 9, when the alleged
cash basis. A
be committed, though they may have fo defendant, Leung Shing-yu, in slander took place, and also san, she would not pay him (defen-completent.
facilitated it, and though the lasue. tervened on his behalf, and a people who attended the dinner dant) more
It might, perhaps, have been of credit notes might have checked meeting was arranged to take at the To To Sin restaurant He Witness added that he did not stall in Upper Lagear Row (Paddy's H.M.S. MOORHEN TO BOMBARD argued that the plaintiffs on their it.. place at the To To Sin Restaur also wished to prove that defen take action but decided that he Market) said that he purchased it ant. This took place on Satur
would not take Mrs. Matheson's fere from accused for $8. day, November 22, six people he ing prese including the girl's father and a clerk from Mr. Arculli's office."APTER
Apology Agreed Upon
meeting t
Solicitor Consulted. "In view of the defence now filed, denying that such words were spoken," said Mr. Jenkin, "it is important to see what hap pened subsequently. On the fol- lowing morning, a Monday, plaintiff went to seo his solicitor,
fadele letter of apo
dant called at Mr. Arculll's office
for the draft, which he had agreed to sign
„A foki, from ; a marine dealers'
vice.
SAUR CHAU,
Would Have Falled.
side were estopped from saying For these reasons, I think that that the sales were credit sales, the appeal should be dismissed with I think that the argument would costs, a
In future
Accused said that she was told by The hearing was adjourned to the complainant to take the toy the Harbour Offoestates that the ground that the representa- must be supplied with copies of all A notice to mariners posted at probably have failed, partly on In any future case, the Full Court Unless all that evidence is Friday at noon
away, as it was not wanted, false I submit there can be only
Two month's Imprisonment was H.M.S. Moorhen will carry out tion was not intended to induce the documents to be referred to, or, one possible result,” Mr. Jenkin. Over 15,700 gallons of, cod liver imposed,
** firing practices in the West River the defendants to alter their in the case of Chinese exhibits, with oll were produced in the Magdalen Any fine, Your Worship?"
delta at 10.80am, on Thursday, position in any way, and could copies of certified translations. conci
Islands in 1930. The production theroptimistle old lady, he, she went ape-11, using the Island of Sau not reasonably have been taken Mr Justice dsell: "I agree had a marketed value of $8,080 down to the cells!
Chau as a target.
Fas indicating any such intention, with the Judgment read"
Continued on Page: 0)