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THE DEAL IN CHAMPAGNE COLONEL JOHN WARD'S
GLASSES.
TROOPS IN ACTION. “ AN INCIDENT OF THE SIBERIAN CAMPAIGN,
THE JUDGMENT.
Interpreter
dawning day enabled us to distinguish enemy, who from their positions on our moving objects 400 yards away. A stout extreme left and centre had a full view came back to report the presence of cavalry of the slaughter around the doomed on the left, but in the early morning haze trains. Their nerves were completely. In H.M. Supreme Court at Shanghai
we could not make out whether it was shattered, their fire became spasmodio and on the 19th inst, his Honour Judge Skin Many in Hongkong will be interested friendly or enemy. I moved my troops to erratic, and then among the trees on a ner Turner delivered judgment in the in the following extract from Chronicles the opposite side of the railway embank hill to the left appeared a white flag. action of & E. Green (Trading as Banker of the Die-Hards (the 25th Middlesex) ment and prepared to receive their charge. That flag, was too late. & Co.) v. Reids, Ltd, which was a claim in Siberis," by Colonel John Ward, I then despatched my liaison officer cavalry shot out in file as
The Japanese for $8,534.30 in connexion with the breach U.B., C.M.G., H.F., which have been Colonel Frank, forward to discover their extension of our left. B. straight of a contract for the supply of 500 dozen appearing in the London Daily Telegraph, strength and character. He quickly re-parallel with the farthest group of reaist- Having coma champagne glasses of Bolgian glass, previous to publication in book form:- turned with the information that the ance, they right-turned, and instantly Mr. Bender Harris appeared for the About three pm on August 3rd I asked cavalry was Japanese, moving into posi-swept up the slope in a beautiful-line and plaintiffs and Mr. W. S. Levinson for the Frank to accompany me towards the men and advanced towards my position forward ever all resistance, white flag and my liaison officer, Colonel R. Antonivitch tion on our extreme left. I reformed my defendanta
front line, as I had beard rumours of His Lordship said: The plaintifs suo elated with this small initial success,
as ordered, ninety minutes behind time. all. They took no prisoners, large concentrations of the enemy, who, halted and examined the ground, but for $8,354.50 damages for breach of a con-seemed determined to dispute our posses the detachments on the spot selected for pace was beginning to tell; still, they
saw nothing of Colonel Nigaku or any of
My nun wéro only "Oners," and the tract for the purchase from the defendants,sion of thevinge of Duhovisko.. Iour assembly.
serived in time to witness a duel between saw the foremost enemy armoured train usual tracks at the side, while the Japan
Standing on the line I of certain Belgian glass. Theas damages, one of our Sufolk armoured trains and a
were leading owing to the fact that our advance was along the railway and the were divided into $6,054.50 actual out of rather spirited fellow of the same sort on giving the alarm.
about 400 yards. ahead and their outpost ese had to contend with the marshes and pocket expenses of the plaintiffs in rola would persist in dropping to the right of At this stage an incident happened troops as could be reasonably expected
the other side. The Bolshevik abells been fired, but I gave the order to load.
No shot had so far woods farther away, I therefore ordered tion to the contract and $2,500;00 loan of
-a-rally-and-advanced only with such profit to themselves owing to the non-or- train on the road on which Colonel which put an end to the hitherto silent to keep the line. This party numbered delivery of the glass. The defendants at rank and I were sitting our horses, so advance of the attacking army. In the about six-y, and included Captain Clark, first met this claim by putting the dhimages decided to dismount and send the net of loading a rife went off accident the Padre, Captain Roberts, Lieutenant in issue, at the same time refusing to the train and enjoyed the contest. One behind me, and I ordered Captain Browne Vladimir, R.S.M. Gordon, Sergeant
animals out of range, while we boarded ally, admit the fact that the glass tendered of our 13-pounders went groggy, and to examine and report. As he did so the Webb, who, I am sorry to say, died a
This soldier was standing just Buckley, and my Cruch under the contract was not Belgian glass obliged us to retire slightly, but we are rifle went off again, and that began the few days later at Spascon, Colonel Frank, and by a arunter claim for $89,521.00 price not go back far as the terrorist train had battle. of other goods sold. This defence was all the appearance of following, and instant later a sin. shell burst over our rank-and-file. delivered on July 21st, 1919: on Angust would soon make short work of our in-heads. The men opened out into the cornvanced within fifty yards of part of the A paff of white smoke, and an my liaison officer (Russian army), and 29th, 1919, the defendants through their fantry, which were occupying very indif and scrub, and I dismounted, while the burning train, amid a shower of débris With this party we ad- solicitors admitted that the ginas tendered was not Belgian glass and on September ferent trenches near the railway. Capt advance continued Taking my ser from the exploding sheils stored in its tat 1919, they paid into Court the ring rapidly, shells bursting all round must have anticipated the spot of our deserted, and therefore, beyond examin-
Bath saw the danger and steaned forward vant's rifle I led the way. $6,054.50, formally
The enemy magazine. The second train looked quite liability. The plaintiff would not accept Admitting their
his target, which so bewildered his oppon rendezvous, for it was ploughed with ing the ammunition' cart of a 5-inch gun this amount in satisfaction of his claiment that he soon turned tail and retired shells from end to end. The first pitched left derelict in the road, and counting The case now comes on for trial and on mander, General. Oie, through Major tage. A moment later cottage and pea passed without molestation up the rail- to safety. I applied to the Japanese com just under the centre of a peasant's cot the claim the only point is to ascertain Pichen, that directly it was darkour sant were no more.
ten rounds of unfired ammunition. We the true measure of damages for the trains might be allowed to return to pall hung on the ground and bad we been admitted breach of this contract and to Bragins, to shunt the injured gun to the on the spottselected this description would
The heavy purple way embankment on the way to Kraevesk assess the figure. It is agreed between the rear train. About seven p.m., while pre have been written by other hands than Parties that the counter claim cannot be paring to return for this purpose, a few mine. By the increasing light and the now tried owing to the absence of anaharp rifle-cracks were heard near the aid of my glasses, I was able to make out essential witness: that must stand ad centre of the line. journed to May 11th, 1990.
These reports grow the entire scheme of the advance which The plaintiff pute it to me that he is lap with the bass pop, pop of machine the left of the railway, extending to acout rapidly in volume, and now became mixed was a continuous line from one mile on entitled, in addition to the actual ex guns. The rolling sound of conflict ten miles on our right, except for a space penses that Ee incurred over this contracts spread from the centre along the whole of about 100 yards on each side of the to general damages for its breach and he right front. Till now it had been exeln line, which was unoccupied, as I after urges that the measure of those damages zively a small arms fight. At this point wards learnt, being thought too exposed is the difference between the contract price, the Bolshevik artillery began to chime in, and dangerous for an advance. and the value of the goods at the time followed by the Japanese and Czech to and anyone to direct my movements, on when the goods ought to have been deliver batteries. The larely Siberian summer my own initiative I decided to fill this ed: and he calls evidence as to that value night became one buge booming, flashing The defendants, on the other hand, say inferno, terrible, but intensely attractive, that they are not liable for any damages The silent, tree-clad mountains to right for their breach of this contract, provided and left vibrated with the music of battle, the plaintiff is reinstated in the position while abell and shrapnel screeched like in which he was before he made the con- frightened ghouls over the valley below, tract: in other words, that in the absence where white and yellow men were proving of some special circumstances, a man may that there is no colour, bar to bravery break his contracts with impunity and This lasted about two hours, and then bere, say they, there are no special circum- died away alcost as rapidly as it began. stances. They then put forward's safer line of defence: viz: that the plaintiff has not proved the value to be what he is pow, claiming.
JAPANESE OPERATION ORDER.
about 200 yards in our rear when we were A STRANGA INCIDENT,"
startled by rapid rifle fire behind us.
We had passed the trains and left them
Un looking round we were astonished to both sides of the uninjured train directed sey spiteful jets of moke issuing from. against thick bunches of Japanese troope who were passing along the same track over which we had just advanced. Even the Eastern temperament has limits to completely off their guard; but they soon recovered, and, dropping, dat in the grass, Unable its serenity. For a momen, the Japs were vacant space in the line, making it con- they opened a brisk fusilade. The Mag tinuous, and move forward with the yars were protected by the plated sides Japanese army to the "attack. Disposing of their wagons, and were making sad my men in the shelter of the scrub on havoc amongst the soldiers of the Rising either side, I directed their movements Sun. Taking in the situation at a glance, from the centre of the railway There a was an ugly moment when a maxim situat charge. ed in a cornfield began to fre point blank forward, and, like a disturbed nest of. Japanese officer gave the order to at a range of 100 yards,, but a Czech out ants, they swarmed all over the train. Every maar instantly bounded
post entrenched quite near, made it so stabbing, clubbing, and bayoneting every hot for the gunner that after firing about Bolshevik they could get at, and tossing leaving a well-placed gun and 5,000 off their bayonets with the same motion 150 rounds he slipped out and scooted, their dead enemies out of the carriages rounds, all belted; behind We now ad se if they were shovelling coal. Then and over the trenches of the Czech and they posted a sentry on the highest part had been ordered to take no part in the and called them their trophice of war French,
like our armoured trains, of each train, and the gun in the road, grey-coated Magar, 400 yards away, was left alive to tell us the reason why took deliberate standing sim at myself they allowed about sixty. English officers advance. It was while near these trenches My great regret was that no Bolshevik This is a most difficult shot, and I felt and other ranks to pass unmolested at quite safe, but though the Magyar missed point-blank range of forty yards, and me he killed & Czech soldier five yards to only began to fire when the Japanese sol- of his forehead just over the nose, about explanations were given at the time, none the left, the ballet entering the centre diers came under their rifles. sixty shot answered his, and be sant of which scetted to me quite satisfactory, across the rails. When we reached him so the mystery remains, he lay with many others, quite dead, Captain Clark picked up his rifle and made that the British detachment should It was here that a polite request was used it with good effect upon the retreat not keep so far ahead of the other troops, ing enemy.
but, I was anxious to keep well ahead for There is no doubt that if we had failed an important reason. The Bolsheviks had sure of damages for non-delivery is the
difficulty in making any bendway lag throughout the country till the common to get into position under the cover of ravaged and tortured both. difference between the contract price and
darkness we would have had the greatest old, rich and poor, male and female, Young and the value of the goods at the date fixed -The Allied troops will attack the the railway except with very heavy canal name stank in the nostrils of the common for delivery; we know the contract price enemy, inflicting upon them an annihilat ties. As before observed, the end armour people. was $10.80 s dozen: it is clear from the ing disaster to-morrow, the 24th Augusti ed car had a tin. gun, but it was mounted great than when they had no Russian pea Their blood lust had been so contract itself, one for 500 dozen cham pagne glasses, that the plaintiff intended enemy, starting the present line at three swept with ride fire. The reason for the unfortunate Czech soldiers who had fallen 3-The Japanese troops will attack the so high that the whole platform could be sant to torture they fell back on the poor. the goods for resale; there is evidence o'clock, the 24th, morning." before me that the value of this glass in 4. The reserve British,
bigh mounting was to enable two machine as prisoners of war into their banda. Hongkong in "April, 1916, was anything Kalmaker's forces, and a few Japanese bed of the car under the heavy gun. I so revolting in character tall it is mter. French, guns to be worked along the track from the Many authentic cases of this kind are from 89.15 to $90 a dozen. There is really companies will be under the command of they could have seen our advance, they vertise how fiendishly capel, men can be no evidence for the defendants: ME Japanese; Colonel Inagala will arrive at would have easily smashed it, but we got to one another. I know that the Czecba
to keep them in the Craven admittedly knows nothing of the the north-western side of Dukoverkoe at Hongkong market, and I assess the value two o'clock to-morrow morning. at $15 a dozen. There must, therefore, be jadgment for the plaintiff on the claim for $1,858.48 in addition to the $6,054.50 (in all 87,712.98) and coste.
Our trains, which had remained to take hand in the business, if necessary, It is clear that this is à case of non- steamed slowly back to Svagina, and delivery of goods and the rule is (Bale of turned into my wagon for the night Goods Act, sect;51) that where the seller. After the usual battle with the mosquitoes wrongfully neglects to deliver the goods I fell asleep, but it seemed as though, te the buyer, the buyer may bring an had only slept stew minutes, when a bang action for damages against the seller; an ing at the door announced a visitor, who action for damages, not for merely the turned out to be a Staff captain from the repayment of any moneys be may have Japancs. Headquarters with an urgent been compelled to pay, but for something message for the Commander of the He to compensate him for the breach by, the serves at Sragina, who with great care seller of the contract And it may be mony handed me the following order of adkled that the general principle of law the day- is that every breach of contract importa some damage, and thas
TO COLONEL WARD, damage is the
Officer Command Reserves. estimated loss directly and naturally UFERATION UNDER by resulting in the ordinary course of events
Lieut-Gn. 8. Ü from the seller's breach of contract. If Mr. Levinson'a argument were sound, no
Commanding 19th Division,
Byagina. contract would be safe and business could never be conducted at all. The mea
THE COST OF AMERICAN AND BRITISH SHIPBUILDING.47
August 23rd, 1918, today we gain two machine guns and 1-All enemy attacks were driven bacic five captives.
(Signed) 8. Oe, Lient General, Commanding 12th. Division.
THE BATTLE OF DUKOVERKOL
DANGER IN COLOURS.·
Many
than ad-
rifle, but misjudged the distance, and he took no notice. I took aim at a point
not
within 100 yards before they knew wo had threatened to retaliate. The incident were there. By concentrating all fire on the end of the car we swept the platform of the white flag previously recorded may clear, and perforated the body bere have had something to do with the same with such a hail of bullets that nothing sentiment, though it can scarcely think it It is now agreed that the plaintiff must
could live, and so put every gun which be able to take out the money in Court: Japanese officer's attention to the fact out of action. By this means the most as I was concerned, and I soon had a I looked at my watch and called the could be brought to bear along the track humane rules of war should apply so far bad. I, however, decided that the more. and so make the order. I refuse any that the time was 1.45 am, and that dangerous point of our advancing line stay for the rest of the damages; but in Dukoverkoe was four miles distant. It became the safest, and we accomplished views before the whole army. A fugitive chance of making a demonstration of my view of the peculiar position attaching to was, in point of time, simply impossible our purpose without bills of costs in cases like this, it is im to arouse the British, Szech, Cossack, and Five enemy armoured trains were on the Japanese cavalry and started to make possible to make an order for the im Japanese detachments and march four line disputing every inch of the was, but his way across our left front in an at- single casualty. Bolshevik soldier had escaped from the mediate payment of the coats.
After a long discusion as to coste, his minutes. I despatched orderlies to each exploded so far behind the front line that trains. Exhausted by the heavy going of Lordship granted the plaintiffs on the detachment with definite instructions to though it made havoc amongst the log rest. The Japanese line was fast ap miles in the middle of the night in fifteen their shrapnel was either too high or tempt to join the retreating Bolshevik amount of the judgment.
be ready to move at once. The Japanese gards, it bad but little cheet upon those pooching the spot where he had taken the marsh, he bad dropped for cover and refused to move or even get out of their who kept well to the front. tenta The Czecha were enjoying a much- was now joined at all points and nearing grase and began to run: 11 levelled my
The battle needed rest, and refused to budge, while the decisive moment.
shelter, so he raised himself from the Kalmakoff's Cossacks remained naleep beside their horses. Ataman Kalmakoff and his second in command were dismissed In the centre by skilful manœuvring over his head, and he dropped in the grams Professor F. P. Parvis, LL.D., professor on their return to Visdivostock for reapanese sin battery had taken up a so suddenly that Colonel Frank thought of Naval Architecture in Tokyo. Imperial fusing to obey my orders. He had been position actually in front of the general I had killed him. Aawe approached the University, has a word to say, following most anxious that his men should always infantry advance. Such daring deserved spot his black hair showed up above tho A recent visit to the American shipyard be in the fighting-line wherever it might to succeed, and in this case it did beyond green, and I took aim again, but did "On the question that perhaps most inter be Captain Clark, M.C reported the all expectations. The point selected was fre. I informed Colonel Frank I wanted ests all in the home country that of 25th, Middlesex as ready to march, trang thin group of trees which gave a view the man if he would surrender to bo an
of the railway from the left, across the struck with the general similarity of con after receiving the order. ditions affecting the two sides of the ocean.
trented Colonel Frank shouted to the
to muneration was alleged made by com- nature of the ground and the danger of methodically farward, were receiving far He was then informed that I was an The infantry while still going that the Japanese killed all prisoners. mittees who had no practical acquaintance losing direction in the darkness forced too much attention to feel comfortable and English officer, and if he would surrender with shipbuilding, until the price of one to take to the railway again. Aboutpanese soldiers were putting tufte of 1 guaranteed his life unless he had com labour had amounted, as stated, in one a mile and a half along the track brought grass and leaves in front of their cape mitted some greater crime than merely instance to three times the pre-war rate na to our armoured trains, where we were cellent target for riflemen and machine no further parley, but almost ran to to hide the red band, which made an ex-fighting as a Bolshevik soldier. He made The pernickety attitude of one trade to pick up our Machine-gun Section, vis--is another is, no doubt, absent in which was to act with us if necessary or Suncers. Occasionally one would rub a me as for protection. I was standing on the United States; so, too, perhaps is the remain as a reserve or rallying point in handful of mud around the tell-tale the embankment, in full view for miles; ca canny policy, and there the use of case of need. Except for the sentries, the soldiers, the danger of a little colour. It took his rifle with fixed bayonet and pneumatic and other labour-saving appli- trains were asleep. They were almost
thing; experience soon taught the Japanese it was easy to see the whole incident. ances is not barred as it is bere. But within rifle range of our place of as just ding-dong open fighting, wonder bandelier and fifty rounds from him. His thes, I take it, are not new developments. Isembly. I gave Captain Bath instruc- fully spectacular in character Then papers showed him to be a damchilined They existed before, and have now become tions to move forward in my support in shell burst plunk under the line behind Russian soldier. I placed him under n more pronounced. Provided then, the case of need and to watch the proceed the two foremost enemy trains, which guard of two men with orders to sde him. Cost of American labour has gone up pro ings generally, to render aid to any Allied made retreat, impossible. Desperate safely to the rear. Time after time de rata as much as British, and provided the detachment which might be in difficulties, efforts were made to repair the line, but manda waze made to his guards to allow same is true of material-cspecially steel bat otherwise to obey General Ola's orders, well-directed rifle and light machine-gun the murder of the prisoner. But those it should not be difficult for us to hold and this daty he performed with complete fire made this impracticable. Another two British bayonets made his life as safe our own and get at least our fair share satisfaction to the commanders of the well-placed shell dropped just under the as though he had been in Trafalgar of what is doing in the world's produc French and Czech detachments by rear gunners quarters on the front train, and square. I could tell by the atmosphere. tion. Incidentally, I may say that the being arranged, the men of the 25th were instantly the car was enveloped in flames which the incident created that our Allies same argument applies to Japon. A pro ordered to move forward in file on each In turn it spread to the gun carriage, thought this regular conduct wholly out rata increase in all the elements of con- side of the railway track to the point which was untenable from the rifle fire of plate on a battlefied, but it fufilled its struction cannot put Japan in a more selected for our rendezvous. The time which was sweeping the platform. This purpose and surrenders were accented favourable position than before."-Ez. was now 3.25 am, and the dull light of proved a complete catastrophe, for the during the further operations
future competition. (he writes) was port and all complete, twenty-five minutes plain to Ezeoveek, and enabled the lead sple of how a prisoner of war should
Our road for about two miles lay along
Reckless, surrendering with regard to re-uide the railway, after which the sodden they trains to be shelled almost from Kaurrender. The man shouted back:
י;