WHITEHEAD & CO., LTD. WOODWORKING MACHINERY,
ENGINEERING EQUIPMENT CO., LTD. H.K. & Shanghai Bank Bldg. Tel. 27789
JOHN CLARKE'S
CASEBOOK
Alfred's
career
THE word was not men-
Tone in the schoo:'s prospectus, but in the eyes sent their of many who
sons
there, the greatest benefit bestowed upon its pupils was respectability.
So at the end of each school
mnost
boy's who
year, swapped school-bench for offer-
stool, and tended to look askance
at the odd boy out who did not conform
When Allred, at the end Jus long schooling. announced that he meuni to make cooking his trade, there were shudders
SOITTUNY
from purents who believed that respectabilly bee Kan and ended in wearing
while collar to work, carrying a
rofled umbrella and catching the
1 each morning.
wtiE
ALFRED'S FLAIR Alfred's OWIL parents Wiscr They recognised that the boy had a fair for his chown career, and proudly watched us be stibinitted apprenticeship.
to the
gruelling
The been a good chef, and if ever he thought of those school-fellows who had looked
noses at him clown their
ago, he could console With the thought
1008 himself that his art a better dividends than the
them of kil
many nequired.
career
Fur
Ishankself
b
יון
1
uther
me
had
Then the
care and, in
und the 1940. Alfred's call-up
The f
of his vod begmong
Atlivá, to 81༢༠%a<1y;
for
120* drink fo than was good for him.
Une the war ended, By the drink had so firm a hold on him that nothing else in life seemed to matter; and so it has beve in the years since.
The
thank the lue barther he found it to get work except casual menial jobs in the kilehens where once he ruled,
One mild-morning recently. Aktres. pleasant-faced, mofuy- hodů
17%>
47 110W. spoken Tran, season with a huttle which was heavy even by the standards be bar set himself
When
closed, he floated vaguely into a booksłup.
ALFRED'S TEMPTATION
the
1
HE browsed around, and sud-
by
Jarvisi mach
denly was brought up short handsome, display of
that must have Tel like 41 nan drowning. who sees in a second whole chiplers of his Life For Wie whenkil books deal with the art of the chet.
or
us
twti.
CHINA MAIL
Nationalist
Bombers Damage Red Ship
ACTION AROUND TACHENS
Taipei, Feb. 1.
the
Nationalist Air Force bombers early this morning “seriously damaged" a 2,000-ton Chinese Communist ship north of the Tachens as Nationalists overnight continued their softening- up raids on Communist positions off the Chekiang coast attempting to interfere with Generalissimo Chiang Kai-shek's expected evacuation and re- deployment of his 20,000 Tachen garrison.
It was the eighth Communist ship in a week that the Nationalists have claimed damaged off the Chekiang coast.
Air Force Head-
innist island on
night raids, thut ANTONANCed
the Poleasing 500-pound bombs in were between an attempt to silence the Red
Dillery.
Nationalist
prudlawn Fulda
4/1514
morning
Two and
clock
Nationalist
military #fead-
The Al Forre and attacking quarters unnounced no results bombers made several bombing of the bombing.
2,000 puses at a
lonner and "seriously damage" it
Preliminary reports from the Air Fores did
not specify the type of bombera number and used, nor what kind of Com- munist chip dainuged was men- tioned.
Air Force authorities could not confirm a foreign news agency report from Taipel that Com- munisi planes bombed lower Tachen yesterday for the second consecutive day.
Chinese Nationalist officials today declined to
comment on
ora
The New Zealand proposal for a ceasefire in the FurmOSA now before the United Nations Security Council.
from
the
PREPARATIONS Evuruces arriving in FormOSA the bomb-battered island sald the Karrison apparently was preparing to give up Island eventually."
There was no official word in Tutpel.
however, as to when this evacuation might begin, It was reliable usually by that Chiang Kai-shek was waiting for a formal un- nouncement of American inter- tiou fron: Washington
before the ordering the Troops off island.
བ
revealed BOUITES
American
Established 1809
TUESDAY, FEBRUARY 1, 1955.
SIDE GLANCES By Galbraith
galharti
12-18
T. 2. M. B. PAL OF Cortes by HÍA Buerdos, bus.
14
"Leave it to Mom to lose things! I put my basketball right behind this piano Jast spring!"
Kowloon Docks Sued By Ex-Employee
Thomas Frederick
Taylor, metallurgist,
"FALSE
CLICKER
BALLPOINT .
A
PEN
Now Availablo With Extra Fine
and Medium Points.
SHEAFFER'S
STARTS INSTANTLY AND NEVER SKIPS
IMPRISONMENT":
APPLICATION BY QUIE
REFUSED BY
BY JUDGE
IS
An application by Mr John McNeill, QC, leading Counsel for Mr Joseph Leslie Quie, to amend his statement of claim against three Govern- ment doctors by adding a further claim of false imprisonment against Dr P. M. Yap and Dr S. H. Moore was refused by Mr Justice T. J. Gould in the Supreme Court this morning.
In the absence of the Jury Counsel on both sides presented legal arguments,
וּי.
Mr Justice Gould told the Jury when they returned that the matter did not concern them, but he had decided not to entertain the application at the present stage.
Mr McNeill then resumed his cross-examination of Dr A. W. Dawson-Grove
in which he twice complained that the witness was being impertinent.
Dr Dawson-Grove was requested by the Court to try to keep his temper.
He maintained that he was "only trying, to tell the truth."
Mr McNelli; Did sho ask you why you had communicated with Prof. McFadzean without speak- ing to her about it? Witness: Yes. Was that
zean
cable was rather alarming.
ho
thing? I did not know there was going to be a Court case,” re- marked the witness,
Mr
Speaking of the incident con- | Prof. McFadzean and I left at much you remember.--Yes the cerning Clive Qule and a gun, that, I did not ask him to acc
I asked him Further questioned. Dr Dr Dawson-Grove sald that he the case with me.
ia by telephoned to Prot. McFadzean if he were called
the Dawson-Grove said that as far
he las would attending
the he could Mra Quie❘ doctor
remember When that. otver telephoned him later he told her please do his best to see the case. incident concerned boxing.
A DUSY DOCTOR
Counsel pointed out that of his communication with Prof.
If you consider it unprofes- did not say that yesterday and McFadzean and told her "that
sional to speak to Prof. McFad- that ho did not mention in his something had to be done very
Dr Yap without telling Dr Yang, letter for
about the quickly."
why did you not telephone Dr Bruce boxing incident,
"Do 1 have to mention every- Yang? Because he was looking after Mr Quie and I was looking after the Qui family. I asked Prof. McFadzean's opinion, I om
McNeill: The incident a very busy doctor and I left it
you described yesterday of Mr Judge: If it was unprofessional Qule drawing himself up and could of you ring up Prot, McFadzean, saying the Quies were tough,
not you
have first was it related for the purpose Is there of showing Mr Quie'a mental telephoned Dr Yang, any reason why you did not do condition at that time?
Witness: that?
Witness: I felt that the Pro- gradual fessor of Medicine in Hongkong mental state.
we the highest member
It was mther an important was
have on incident?-You goem to think which
to call.
only eo. I did not ask him to so0 the case. He-Yes
Bhe surprised?-No, I felt at murder might occur in theal that. Quie household, I felt that as a doctor, to prevent murder was
than condoning it. better than
Will you confine yourself to the question as asked. She was very upset.
No.
On your having done
501
On the whole incident. So she was not surprised that
at but not your having done so, brought a claim before Mr Justice J. Reynolds at had done so; she was upeat general practioners
was upset nt something asking his advice. clse Mr the Supreme Court this morning for damages for she
Mr McNem, you are trying vealed that Washington
waiting for alleged wrongful dismissal against his former to catch me out. results of an 11th-hour
United employers, the Hongkong and Whampao Dock trying to tell the truth. Nations attempt to negotiate a ceasefire in the Formosa Straits, Co., Ltd.
urces here re- US Omcials in
were
ol
PRESS COMMENT But Nationalist newspapers here strongly con- published demned the proposal.
The official Kuomintang news- paper. Central Daily News, sald: Taiwan "A ceasefire in the
possible, Strait, tven
if made
ants. mean a respite would at most for the Commulsta and by no means stop their aggressive in- !
were lied tentione, which
And as the Nationalista waited, the mightiest concentration American military might since massed, the Korean war. WAS
to Carry out the prepared evacuation order when it came.
IN POSITION
Adm. Alfred M.
Pride's world | Seventh Fleet, backboned by five giant carriers, was in battle
the
75
to
the
earlier
claim statement of His
he was
stated tho!
wrongly
with then long-range
chaquest prutraminie.
"Besides, the Reda
would position north of Formosa, American Sabrejet agree to a consellre only when About they need it, but they won't fighters were waiting on For- abide by it the moment they mosan airfields to back up the don't want it any more," the Navy, newspaper stated.
Nationalist intelligence reports "Any fantastic idea of a cease said today that Russia had turn
Over another Br in the Taiwan Surait design-ed
28 torpedo of Communists at ed to skp a Natumalist counter-bosts
teck at the China mantand is Shanghal
this monti. certainly based on ignorance of These same type PT boats Bank the fact that the National (Na- Nationalist destroyer escort
Government tionalist)
two months ago near Tachen, !!!
Other Nationalist reports said only i govemment of China and that it has sovereignty over about 100 Russian-built war-
plancs WETO
now stationed at the mainland.
Ceasefire
would practically
Ningpo airbase near Shanghal. teprivation of the National The
Bume reports sal Government of that very 50- acarly
2,000 Red the Central Daily troopers also were seen there. News wrote.
Reports of the Ningpo planes Another newspaper, the pri- came just a day after five Com- vate
United mundst Chinese owned
light Ruslan-bullt the bombers called upon
attacked Tuchen. It Daily News, Nationalist Government to voto was the second straight day of the "absurd" New Zealand Red air attacks-United Press. proposal.
also urged the United "He only came out of prison States Government not to be ten days ago,
Alfrad took two of the books -four guineas worth-put them under his arm, and made his Way to the
There he strvet, was stopped.
Ad Great Marlborough Street next inorning, Alfred plented gulity to the charge, and when he had heard the story, Mr Paul Bennek, VC, the magistrale. there ever been asked: "Have
dis- of previous complaints honesty against this man?**
AND DOWNFALL 4VES, sir, 17 previous
Y
victions."
swer.
רוכז!
came the un-
moan
ver:
sold that Chinese
He says that he Influenced "by British peraua- Canton Cold
steals to get money for drink- sion to seat Red China at the
ing." said a police officer. "When
he was arrested, he said: 'Drink is my downfall,***
United Nations."
Storage Plant
In
อ
พวง
was
can re-
In support of the deterioration of his
Was it an important incident?
Did Dr Yap on April 7, 1952, ask you for a letter recapitulating your general statement?--I said no yesterday.
I am only said he would not do so unless he were asked in by the Counsel dended he was trying patient's doctor and I left it at to catch the witness and the that, Judge.
Are you quite sure that Mrs remarking "we shall get to it in time," askert the witness Qule did not ask you to do whether Mrs quie resented his that? No. As far as
telephoned Prof. Mc-member, having
Counsel questioned the doctor Fadzean
incident he described Dr Dawson-Grove
replied on the
yesterday about Bruce Quie re- "Certainly not."
was colved
a boxing injury in the autumn of 1951.
Mr McNeill: put it to you that you
not have at- could tended Bruce for fractured riba | lotteria.
was
Mr McNeill: Perhaps it not unexpected.
that
ho
wae
in
to
Was
I
Was the botter written at the
written on April 7, the heading request of Dr Yap? Yes. It was
says 50.
Did Dr Yap request you on April 77-I have no idea when he asked me,
7 or on April March 7. The heading says April 7. He might have asked me several days previously. I don't have a secretary sitting there
to take down waiting
If it
the
were said that Witness Would you like an request of Dr Yap was made to X-ray?
"LITTLE IMPERTINENT"
a
To
you on Aprli 7 you would not
be in a position to deny it?-- No.
COURTS REQUEST
What did he ask you to do?--- Dr Yap telephoned me twice, Dr Moore once, after Mr Quie left Kowloon and went over to
can
"I suggest that your memory Is not very good, en anything rise,” said Mr McNelll,
Withers replied "Thank you, Sir."
were wholly ad- Plaintiff's claim totalled $44,- to damages 084 as money due and payable mitted by the Defence were it under his contract of not that they claimed Plaintiff to him
was lawfully dismissed. the Defend- employment with
DISMISSAL DENIAL to be em- Defendants admitted that on ployed for a period of five years January 14, 1954, they dismissed
1954, Plaintiff, but denied this terminating August 31,
alleged
WANTED HIS OPINION and alleged his employment was wrongful. They
Paintin
in breach of his terminated by notice in
Witness: Prof. McFadzean was his refusal to re contruct by writing dated January 14, 1954.
2 Tantallon the senior doctor in the Colony. by boxing at all. from No. was move for Plainti Appending
wus Mr
Α. Bernacchi, in Terrace and by his attempts to I wanted to get his opinion as structed by Messrs M. A. do obstruct repairs to the premises, to what I should do about this
ilva and Ca. Silva
Defendants were Defendants further alleged that particular case.
Did you
should suggest he Plaintiff had wrongfully accept- represented by Mr O. V. Cheung.
and that see Mr Quie? I suggested that
You are a little impertinent, instructed by Mr R. E. Moore, ed a bribe of $2,000
upon as misconduct Mra Qule should do her best relied
permission to but I will let it go.—I am only Deacons. Messrs
preliminary submission as further enting Defendants with Dr Yang's
for trying to tell the truth. Prof. McFadzean dismiss
They call Plaintiff.
this I put it to you again that you consultation over that the onus was on the De-to
claimed they were further
never did attend Bruce for fendants to open the case, Mr therefore
Justified in their dismissal of particular case, Bernacchi sald the claim was
Did you regard it as un-fractured ribs. I say I did.
I put it to you that Bruce, Hongkong. There were varibus of Plainuft. based
upon the dismissal
As regards the staff provident professional not to communicate Plaintiff. There Was on the
Mr Quic's doctor, Dr boxing with elaimed it
companion, frac- fund Defendants statement of claim a further
terms
some tured the companion's ribs and points, and on the last time Yang, before consulting was subject to certain
he
asked me to give a brief Prof. that Mr Qule sent this gentle- claim based on quantum meruit
other doctor?-1 to deductions in done that and subject
man, Mr Russell Wang, to you resume of Mr Quie's illness. It in respect of work
McFadzean's opinion if he
might be April 0. You should have been the work of the event of the contributor's
called for misconduct, dismissal
in by Dr Yang would he for treatment etc.
the dates to yourself, I called into keep Mr Wang was a foundry foreman, but Counsel diam
please help
the Quis family.
doot know anything abou said he did not propose to pro- They ploaded that
rightly dismissed then the It is a very simple question. Court and Dr Dawson-Grove ceed with that particular claim. total amount of the provident That is a simple answer.
declared that he did not re-dates,
Mr McNeill then appealed to With that aspect abandoned, fund to which Plaintif
You have not answered mycognise him, and was not aware
var the wag
Court on the witness's said it was hie
consider it of having met him before. Mr Bernacchi
Did you question пош Issue entitied would be greatly submission that the sole
unprofessional hot com- the best of his knowledre he had attitude, and Mr Justice Gould left on he pleadings was the duped
municate with Dr Yang before never seen Mr Wang before and asked Dr Dawson-Grove to try Mr Bernacchi said the wholo Jasuo of justification that had
consulting
McFadzean. he was quite certain that he did to keep his temper. Prot. of the action, apart from the
"I'm scary, but I am not very been raised on behalf of the quantum meruit issue, was a
Surely you can answer yes or treat Bruce, said Dr Dawton-
Grove.
good on dates," replied the wit- no-Yes. Defendants, and it was there-Defence of Justification and in fore for the Defendants to begin his submission the Plaintiff was Well, why did you not telo- He agreed with Mr McNo!! ners, and attempt to establish their not called upon to show that his
phono to Dr Yang?-I rang up that if, in fact, he did not treat Bruce then his story of Mr justification,
dismissal was unjustified. It was
Quie's statement about the Counsel asked the Court to for the employer. In the cir-
not ou!, to show ages by look at the statement of claim.cumstances
toughness of the Qule, family finding employment He said it set out the basis of that the dismissal was justified. elsewhere. He could not just go would be absurd.
He was next questioned about the Plaintiff's engagement and it would be different if it were home and sit down and expect
which he terms on
was denied that there was a
con-to be paid the salary he would a telegram from the United eaid Mr was entitled tract of employment. The ques- have earned if he had continued Kingdom which he engaged. Plaintin
It came Qulo showed him, then arise as [tion might to salary of $2,154 per month, whether Plaintiff was entitled to
in his employment.
from eith
either Ronald or
Paddy Including high cost of
Mr Cheung submitted that if however,
Quic, he
might said. But it His claim was also for provident notice. Defendants,
he were to begin, the Court, have come from Ronald, fund benefits and two arcong-admitted that Plaintiff's services at the end of Defendants' cOLT,
his dis- class passager to the United were terminated by
nothing to do Kingdom or their equivalent in misal some eight months be- would not be in any position to the cable ar
damages. Where fore the termination of his con-assess the
with an cash.
(Continued from Påga 1) Injury to the skull, but, claimed but not it concerned some weakness of tract.
damages were
Ho also dealt with the CONTRACT ADMITTED
Counsel went
admitted, he submitted that the the chest. on to cite ', a
situation in Indo-China, where Dr Dawson-Grove said he his country, Canada and Poland Counsel next referred to the number of authorities to sup-burden of proof was clearly on was expected
was under the Impression that tour a number of American China provinces for re-distribu-
statement of defence, in which port his contention that it was the Plaintiff.
Mr Bornacchi contended that it concerned the skull, because are members of the commissions bases in Okinawa, the Phillption to various cities in other Plaintiffs contract of service for the Defendants to open the
dated August 15, 1949, was a case.
on the pleadings as they stood, they
going to call In supervising the Vietnam, Laos pines and Japon, the reports part of China, it added.
DEFENCE REPLY
and Cambodia armisticeE and affirmed. His en-
come to no neurologists. said-Reuter,
the Court could mitted The Canton Cold Storage Co.
a term of M Cheung, in reply, said the other decision than to find the Mr McNeill: You were ab- Mi Lic
gagement was for Joint private A
Sidney Holland, Prime terminating
solutely positive yesterday that Minister of New Zealand, out- wrongfully on action was one for damages for Plaintift was enterprise
years, government Taipei, Feb. 1.
August 31, 1934, and he Indratdy
evidence was it was about a skull Injury, was wrongful diamiesai, The law, missed, f raised JMP 20,000,000,-- Communist Chinese long range (mirat
lined to the conference the of $2,178 0
You Winces: quite clear. For called. Citing an authority, he be declared, was
car (about
always HK$5,000,000) entitled to a salary urtillery jobbed shells on the tiny 000,
background of his government's month, including allow- Plaintiff to succeed he ust submitted that prima focle the verify that telegram. Techen Islands today despite capital for this project.
We have. Might it not
move in the Security Council to The
ceasefire ences. Counsel remarked that prove the dismissal was wrong-measure of damages was loss of three
between the Nationalist
storage plant, which is consecutive
the figure given by Defendants ful and go on to prove what his wagos together with the valute natural for a father who gets get a
Communist and · Nationalist of ather advantages under the a cable reporting a chest weak- designed to
different to that of the damages were It was true that contract, and Defendants had news to be anxious to obtain the 1,300 tons of WDE
and WELS . In.
the
Defendants admitted a contract The Communist elego guns fruits, 350, tons of cat and 600 Plaintiff.
between the parties but the ticked to all he claimed had he
admitted that Plaintif was beat advice?-Certainly.
He emphasised New Zealand's were firing from Yildonghan cases of medicinos simultaneous latter's favoury
And to ask for a double view that a conseire was expen- Island some nine, miles north of ly, the report saidh,
Defendants further agreed allegationi contained in Plain-
diamlected.. boes
opinion?-A triple opinion. Wal In the Formosa Birkite that not Tachen, which was captured by
that Plaintiff would have been's statement of claim
And to sak for a triple safeguard world poeco Giving his ruling, Mr Justice tho Commentinista,
entitled to two second-clam | Defendants wrongfully terminat passages, the staff provident funded the employment was, not Reynolds held that the onus in opinion? That was rather un-
Conference sources mid Mr amphibious aescult two wodos
und admitted but travecoct
necessary unless you
Hollands views on the neod for action on the question of schome and five months' earned leave. Counsel, said he con❤ Comsel submitted the allega damages was on the Plantouift what is wrong
Decodero
found wide approval. ended · that "the "carried leave ton must be established by aid he was also of the opinion,
The Commonwealth delegates evidence. include various Plaintiff in
Plalatit though reluctantly, that Coun- RATHER ALARMING
The first cable was rallier agreed they would, dacia the allowances payable in Hongkong had given certain figures as sel for the Plaintif had not
prepared to damages suffered in his state- satialed him that the position frightening? You have the Formosue in detall' acter
cable. Mrs Young Chi-isul, the sister | so he was also Tachen gurlson, was re- of De Suo Yak-sok passed away
the figuro quoted in, claim, but it
Shamant of enfile that was Coun- was euch that the ordinary making, you. You saw string episode today pinos at prosent under Presi- ported teasing down prefebel- of her pative wie Chung segard by the. Delendente dent MagsaYSRY; whom herbed
packlog. Sang district, Kwantung › Pro- housing described as a great and
Bernacchi sala the vital sure of grapares in a caso, of his case was displaced. He held the cable. I want to know how York Roular,
the actual damage that I was Plainiin to establish oquipment for t epired lender.
eventual vince on Jan 18, according to a word In Defendants' statanen me kos
of defence wese had Plantly showed by Zisintin. A plain-his damages, and that his dis- Mr Turner left for the Southevacuation of the island.
Chinese prem report, Flig
kingu ka may motions for damage, mimi wne wrongful, all Nationallst bombers
She was 97 id ial survived by: not been lawfully, Polimara Vietnam copital with bis wife
What Plaidun claimed in reened had a duty to mitigate, his damene care if proceeding. today)---France-1
while, swept over the Com» many grandchild
The magistrale tumed 10 Alred: "What makes me feel rather despairing about you," he said. "is that long terms of imprisonment, when you've had to be teetotal, seem to have had no effect. I shall remand you in custody."
"Quite so, sir." "Thank you, sir."
CAMP BROW TEAM Chinese Nationalists were re- ported today organising camp show team to entertain Aineri- cans in Far Eastorn bases na a return courtesy to the of American shows for Generalissimo
Formosa-based troops.
Construction plant
work on a cold series storage
Conton, the performed largest of its
kind in South Chiang's China it is
claimed, has just started and is expected to be the autumn, re- China News Service
Nationalist newspaper reports completed in Alfred said.
said the team would be com- poris the
"muscular in a pro-Communist journal this posed of the Wang
and moming. brothers from Hongkong
The plant will be used for
the South
Smartly, he turned and went towards the cells, and going, he looked, in his neat grey overcoat, with his homburg în "his hand, like a man who has left just time enough to catch the 9.15. The soul of respectability, he looked. Perhaps one day that virtue of his old school" would re-claim him.
PHILIPPINES
the Formosa Li acrobatic to storing fruits from
The team
SHELL TACHENS
the
and hus
per
NEED CAPITAL night bomb attacks ain't conncated in the railway line is
Menila, Feb. 1.
The Hon M. W. Turner, Chief Manager of the Hong kong & Shanghai Banking Cor poration, yesterday stressed the cod for foreign capital to assist in the development Philippines."
of the
In a statement before he left dor Saigon after a six-day visit bére,
"Mr Turner said to was much impremed with work being carried out in the Philip
In
the Red gun positions.
In
The extreme range prevented. a pinpoint accuracy in the Rid fire. But the random shelling evacuationen Nationalist
preparatione
od
store
Sun Yat-sen's
Sister Dies
would not
living.
to
tha
"
dis-
·
Hearing is proceeding.
Commonwealth
Premiers Mr McNeill contended that
were
110
know
Chinesa.
of
Printed and ↑ pub and on behalf of Bouth China Morning Post Limited at 1 Wyndham, Birwetz: City
in the Colony of Hongkong