A DEAL IN FÜR. TRANSACTION OUT OF COURT
JURISDICTION.
THE
It is to be noted that the sale which has giva, rise to this present action, is the first dirves transaction between the panties, Whether the defendant Armi initiated this transaction after or before
AN INTERESTING JUDGMENT, The Acting Puise Justice. Mr. J. R. the discovery of the mistake in their own Wood, delivered a somewhat interesting This question was not put to Mr. Jeppe acnunk, there is no evidence to show, judgment pesterday, in a civil action in
sen. But in view of the fact that the which the Tak Shine Loong firm of No,
goods were supplied on the 27th January 16, Tandales Strel, Hongkong, claimed and the claim to deduct advanced on the From Messrs. "Nordisk Fjerfabrik, Ltd, of 30th. Jannity, it would appear not un- "Shameen, Canson, the sum of $600, being
money wrongisily deducted by the defen-kely that the defendant firm's order for dants from the plaintiffs' account of Feb- the goods was subsequent to the discovery On the 30th. Janity, Young Fung Pan ruary 2nd, 1920.
whe accompanied in Canton by a fellow.
Mr. T. Rowan (of Mr. J. H. Gardiner's
dants.
Both
HONGKONG PRESS, DAILY TUESDAY, APRIL 27ra, 1920,
川
INJUNCTION AGAINST DR.
WU. TING FANG.
INTELESTING ACTION PENDING.
Texz Lions,
*3
•
HONGKONG S HULSING QUESTION,
REV. J. KIRK` MACONACHIE'S
- IMPRESSIONS.
REMISS
The Rev. J. Kirk Masonachie, Pastor Union Church, is leaving for
The
An action is being heard in the Supreme. Court on Friday in which Dr. Wa Ting GOVERNMENT HAS BEEN CULPAHLY Military Government, is applying, for an Fang, Finance Minister of the Clinton
order from the Court against the interim" of injunction granted in Hongkong last week Home today un bolids. On Sunday prevent the removal by Dr. Wo of any dress on "Seven Years Impressions of morning he gave from the palpican moneys deposited in his name in the Bank's Hongkong." In the course of it Me. Maconachie made the following reference or Hongkong, on the grand that the in
to the house famine for Europeans in the junction so granted Frivolous and Colony - I have not been silent on that
and wed no enlarge on it now. impressions have gathered from fall The Hon. Ir. H. E. Pollock, K.C, Mr. observations are distressing. I shall be Office) appeared for the plaintiffs and creditor of the defendant firm (who hade, G. Alabaster, and Mr. F. C. Jenkin obliged to confess in England that families been, aka, a creditor of the deceased are appearing for Dr. Wu Ting Faug and to it to find, a roof to cover them that thinking of coming here may be hard put Mr. M. H. Turner (Massra. Deheon,
broker," and a party to the settlement the Hon. Mr. E. H, Sharp, K.C., and they will have to compete for what hous- Looker. Deacon & Harston) for the defens,
of his affairs).
Both men were met by Mr. Eldon Petter for the Canton Militarying there is with an unlimited non-British a claim on the part of the defendant
population which finds Hongkong desir- ibly and can outbid most of us when it The money in the Hongkong bank comes to buying sites or contracting for rent; that the competition is unrestricted unless one can afford to live on the top levels and finds it convenient to do so far is the magic word "Kowloon," which and that the only remedy suggested so bas disadvantages of its owl. In my judgment. the situation is preposterous Our Government in the past has been culp ably remiss, and after one experience of peaceful penetration aiready, it is go on before our very eyes, It matters othing how many houses you build or where you build them, if all the world is fro to occupy them. Na real remedy for the difficulty enn possibly be found unless some sufficient area or arens be set avide for British recupation... I say any thing like this someone writes
the Pres to charge me with advocating a colour line, but really, that is most unjustle! is not a question of colour at ali but purely and simply one of arithmetic, and I, should say just what I have said if the majority against us Britons in this British Colony happened to be as white as mir- selves.
.
ager of the defendant "firm was through
Chinese New Year
OPIEM.
In opening his action at the original Arm to deduct from their account. Governight. hearing. Mr. Rowan said that on Janu-spoke the Mandarin dialect only and com ary0th., 1920, the defendants gave Ampnication between them and the man-amount to $2.000.000. order to the plaintiff for certain furs or *kins. The furs in question were duly delivered" on the 27th. January, 1920 aud| plaintiffs held the recript. The agreed price was $9.99g, less 2 per cent, making it a sur of $2.177.56. The plaintiffs applied for the payment of this sun on, the 9th of January. The order was given in Hongkong and the goods, were delivered in Hongkong, hut the themand for payment was made in Canton Ther Was a dispute and the defendants refused to pay the total amount and claimed the right to debet 2000. This claim was made on the 25th. January. There were several days of leated argument, and ultimately the plaintiffs agreed to accept the sum of $2.177, less the 2600, provided Shing Loong (ie., the plaintiff's firm) the that the defendants gave them a receipt sum of a hundred dollars (8600) for for $600. The defendants, in short re-over-paid in last account, and, we hereby fused to pay anything unless the plain.certify th, we have squared up all ac-
counts till date with said ɓrmu till agreed to accept the 8000 less. This was the first transaction the plaintiffs had had with refendants.
In an affidavit be, has filed, Dr. W an incompetent interpreter who spoke admits possession of the money, but say Cantonese and a little Mandarin. They he will not allow the improper use of protested against "any" deduction and a Government money. discussion ensued which continued through two days. was approaching.
They were naturally CASES AT THE MAGISTRÁCYurely extreme folly to permit another to anxious to collect their dues' on that accouȚII. Finally, Anding, the manager of the defendant firm obdurate, Yeung Bung Pan gave to the defendant firm a receipt for the full amount due to the plaintiff Arm (Exhibit. B) ($2,17736) accepting at the same time the cheque of the defendant Brm for $1,377.36 and a receipt as follows: (Exhibit C) and February, 1920.
A Chipse was charged in Mr. Smith's Court, * resteglay, with being in BA- lawful possession of 14! taels of opium.
a benise in The Pulier proceeded to Connaught Road to excecute a search war runt and while ascending the staircase met defendant who was searched. Received from Tak drug was found concealed round his
W waist.
For Nordisk Fjerfabrik, Ltd. (ie the defendant firm)..
(Signed) J. JEPPESEX,
Manager.
The
Defendant gave the old excuse that he was engaged to carry the drug.
He was fined 8300.
RETURNED BANISHEE
A Chinese was charged with returning from banishmen;" before the expiry of hi term.
Mr. Turner, interrupting, said it was not the first transaction. "There had been dealing through a broker and it was be. This partes no doubt found it hard to} Cerampent on veral convictions for anuse of these dealings that she defndants understand one another. The manager arcetis, the man was sent out of the dicted the $500.
of the defendant firm understood that Colony with"instructions that he should not Continuing. Mr. Rowan said that the both sides were satisfied to close their return for three years. He was, however, bruker referred to by My Turner was not
mutual accounts on this basis. Young found in the city a few days ago working a broker, bus was a purchasing, agent. Fung Pan states that," what he dit, be as a oval molie. There had been no direct transaction be zwen the plaintiffs and the defendants.
The judgment was as follows: -- In this case the plaintiffs are a Cinnote fine trading this Colity and the d fendants are a Danish firm, trading in
Canton.
did under protest and, in the hope of Datendant, who aid he came in search pressing his demand for the sum in dis-of a clanean. wis sentenced to twelve pute by lezinction at a later dates
The present proceedings have resulted. It forms to me that the plaintiff firm through their representative on the end.
months hard labour;
SNATCHING.
A Chiare snatched a fountain pen from
PILGRIM TRAGEDY OF HONAN.
A FANATICAL OUTBURST.
MANY KILLED AND INJURED IN BURNING COURTYARD.
+
Lar
The currespondent of the NC, Deily News, writing from Kaifeng, Han, u April 14th, says:
ions cccurred in this city grsterday.
A tragedy of very considerable propor Since the Festival of Ching Ming there have been pilgrims in from the country in they are called are mainly composed of great numbers. These Hsiang-ke elderly women, who come in to worship in the city temples, at these special tinut Find they readily fall prey to the intri the year. As they are always the credulous ge of more grafty people, especially if the trap is a Feligious one
*
A TECE SON OF HEAVEN... This year a certain group of men, either from acious design og tromreligions. e..viction "*"have presented a True Son of
The plaintiff £rt ld and February formally, and after due medita-a compatric in Queen Road Cenifai un pan-Chen Lung Tien is or True Sus
doliyfred" garis to the defendant Arts in Hongkong the 7th January Inst. Online Boh January, "Teng Fung Pan,
tlop and, after egosultation with friends; Sve to the defendant firm a full dis contract between the parties for the shie charge from thein bligations under the a parter in the plaintiff rm, went to of goods: anil that in doing so they did. Canaan, mang the ro applied to Mr. Jap not accept a smaller sum of money in en the manager' of the defendant firm,fieu of a larger sambut accepted "a for payment of the sum due for the goods supplied (82,177,50). "
Senda, and found himself in the hands of a castable before he could racks of Ht was, yesterday, sentenced to weel hard labour.
DISHONEST POSTMAN...
cheque for a part of the eum tue and stealing a letter from the post box at the The pestaan, who was charged with receipt from the defendant firm for a sum equivalent to the balance; that these foot of Peak Rand, has been sentenced documents constituted a legal payment" of the debt; and that this fransaction be your firni tween the parties was then closed.
On receiving this demand for payment, Mr. Jeppesen, refused to pay the account in full at that time. He said (in effect), "I previously over-paid
to three months' hard labour.
TABBING AFFRAY IN
ندی
$159 in October last; and, unless you This Court has been asked to reopen allow me to make a deduction of $600 on the transaction and to give judgment for
BARRACKS. this present account. I shall pay you the plaintiff firm for the balance un
INDIAN SOLDIER IMPRISONED: mathing, until we have setting our differ-paid by the cheque as "the balancé un ences in the Hongkong Courts."
At the Magistracy, yesterday. an It appears that a certain Chinese, delivered on the ground that consent to charged with stabbing a comrade of the paid of the price of goods sold und Indian allier pr the 2nd Punjabis was trading under Cheung, and spoken of in these proceed-close the transaction was obtained from same regiment.
Yeung Fung Pan by coercion. In my opinion the attitude assumed by the man-
the name of Shang
at the leavenly ragu-r the worship s these country guests. In several places of the city this particular cult has been,, encouraged, and considerable following gained Apart from the ordinary rites f Barang incense and paper, considerable ritual jusgben read at their religions ole servinées," and the idea has been develope
hippers impervious to WUNBURY ing that these rites would render the wig- all kinds. These ideas are of course not new,
as they were held by the White Lily society during the Boxer troubles.
As these people were enabled to collect very much money in offerings from the devotees, they rented lange quarters, espe cially in the north-east residential portiun of the city, and in these quarters dey lictd day and night, preparing for the enthrening of the Son of Heaven, and his queen-San Ku Nianga. young lady of about 25 sedrs of age: it appears that this
the former Bung dynasty, situated at the enthroning would soon have been effezted in the Lung Ting, or the throne room of furth end of the city surrounded by ponds ings" as a "broker" had in a series of
Capt. A. K. Sen Gupta, I.M.S., said all sides but the north, where stands
the Turtar city... transactions bought goods from the plain
that he examined complainant at theIt appears that the police haye been tills' firm (and, also, from other firmy inr of the defendant firm may be criti-hospital and found a wound on the outer watching the people rather closely fur rised us gh-handed and rot remarkably side of the right arm, and two wounds some time, and have made several visits of the 'olony) and had re-sold those goods scrupulous. I acquit him of fraudulent on his own "account" to the defendant firmi intention; but he appears to me, without the back which were probably caused pleasing to the promotors of the eult.
inspection, which were naturally not very in Canton. Shang Cheung died. Last scrutinizing the position very carefully by a moderately sharp and long instru) Yesterday the police again called at autumn. At the time of his death, he was tonated me entitled to reusement. They were not very serious wounds, their quarters in the Shwang Ling Mino owed a sum of money by the defendant sum of money, paid under a mistake, from Complajant stated that at 9.15 p.m. on their devotions and return to their homes street, to try and induce them to break off frm and he himself owed money-totalling action he adopted at this time, the plain.
the plaintif Grm. However, whatever April 19th he was in his room in the in the country. For some time there was larger amount to his creditors intiff "Arm's representative gave his consent barracks when defendant came up to him a parley at the front gate of the com Hongkong. The defendant firm as that with a due appreciation of the position and a ked him to pus out the lights.
pound: suon. in indignation the people fine acknowledged un indebtedness to the as he understood it. It was open to him
Slammed and bolted their doors in the. estite of the deceased amounting to 84,200 to have left Canton without accepting fused and a quarrel ensued. The matter fagre of the officers of the law. ar thereabouts. The creditors of the deceas-payment at to have sued for damages was reported to an Indian Officer and the'
A FRENZED ATTACK.". ed (including a partner in the plaintiff for breach of contract. The material is difference was settled.
Not to be thus defied the police vaulted firm on this occasion not Yeung Fung not available, on which it is possible to
About 10.45 the over the compound walls, at least several Pan went to Canton; and the affairs "of estimate whether his final dicision was or me-night witness was sitting on the of them did, and as soon as they reacted the deceased were arranged in the office was not in his best interest at the time. verandah when he was attacked by de- the court they were beaten down by the of the defendant firm. A son of the Anyhow he elected to compromise the deceased was a party to the arrangement claim and his election cannot now be disfendant, who stabbed him. Witness called Exactly what transpired is not clear. Iturbed...
for help and defendant ran away. it then admitted to be due from itself to which I think may, be expressed fairly
He entered at the same time a protest, Defendant denied that he stabbed com- the estate of the deceased and that amount as follows: 1 discharge you from your plainant, but admitted that there had
to
Bat the defendant firm paid the amount
be was recover a
Mr. Hutchison sentenced defendant
was divided proportionally to their claim obligations under that contrast for the been a quarrel between them. against the estate, among the body of sale of goods; but on my return to ereditors--cach creditor in fact receiving Hongkong after taking, legal advice, 1 then 50 per cent, of his claim. The credi- and, that, though you are so discharged, six weeks hard labour.
tors themselves in the office of the defeh-I have stil a legal claim against you, I
dant firm compiled a receipt (put in a shall pursue it.
an exhibit in these proceedings and I find then that the plaintiff firm's
This Court has jurisdiction over
Ee
fanatics. By this time the whole group were excited to a very frenzy, and heaping up" great stacks of incense and saturating the whole with Kerosene, they started a blaze and threw on it the badies of the police. By this time an alarm call had been sent for the militia who hurried to to the scene" and surrounded the building. The sacrificial fire had got out of bounds and the building was becoming acrema- tory for both living and dead.. Some of the occupants of the place were shot dwon in trying to escape, some jumped downr into the courtyard from the roofs of the huning piles, and many were sacrificed in te fame. The list of the dead is about 30, including three police, and many more sating their lives is entertained. are so seriously wounded that no hope of
The Son Ku Niang-the religions quen bedtied in the melee, and the Son of oven is reported dens from his injuries
marked exhibit D) which document re representative closed the transaction with ATTEMPTED ARMED ROBBEY mained in the custody of the defendant justifiable indignation; but, both fraud firm. The creditors received
THREE MEN ARRESTED. these and courcion being absent, the plaintiff amounts in full settlement of their claims arm is bound by what he did. against the estate of the deceased, Sub-
A number of men, armed with knives, sequently to the completion of this much only of the plaintiff's claim as Row con City on Sunday night. The attempted to break into B bowe in arrangement, the defendant Erm dis relates to the contract made by the parties covered that they had miscalculated their within the Colony for the mie of goods occupiers, however, who were up at the debt to the deceased and that they in fact Any cause of action which the plaintifs time, marged to raise an alarm before had owed some $2,000 less than they had may now have against the defendant firm an entry could be effected, resulting in
Of this amount paid in excess. for money had and received" in Carrossing the whole neighbourhood. The this morning. About 70 were taken out $760 had been received by the plaintiff ten appears to me. to have arisen bolly Police sugediately surrounded the district alive, and are now under arrest: of the 70 Grm. It is this over payment, which was outside the Colony. *
and were successful in arresting thres of ever half are country women, with some the men after a struggle. The men will children. The women and children will be be produced at the Magistracy after the sent to their homes and the men will be bolding of an identification parade: held to answer for the loss of life!
Daid.
the basis of Mr. Jeppesen'e claim to make With sos regret therefore, I enter deduction from the plaintiff account, on judgment for the defendant in this mat the 30th January.
ter with cosÈR
LANE, CRAWFORD & CO.
JUST
A LARGE
RECEIVED
CONSIGNMENT
OF
WARDROBE CRUNKS
IN
SEVERAL DIFFERENT MAKES.
ALSO
*
LEATHER
LADIES' MOROCCO-
FITTED
CASES WITH STERLING SILVER OR REAL
EBONY FITTINGS.
LINED WITH SILK MOIRE IN COLOURS
OF BROWN. MAUVE AND GREEN.
20
Just received from U.S.A., a new shipment of Typewriters-- different models.
108
Inspection cordially invited by-
UNIVERSAL IMPORT & EXPORT CO.
HOTEL MANSIONE,
TOP FLOOR,
HONGKONG.
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