Page
SUMMARY COURT.
Į SEFQEE THE PLIGNE JUDGE (MR. J. a. WOOD.)}
A WALL THAT FELL, DOWN. A Chinose contractor saed Mr. George Martin, a resident of Taipo, for 2245.35 for work done and materials supplied for the construction of a wall.
ta
THE
THE TOBACCO DUTIES. THE ONUS UPON RETAILEES.
HONGKONG DAILY PRKËS, FRIDAY, SEPTEMBER 23RD, 1991.
THE DIET OF WORMS.
COOK SUPPLIES THE RECIPE. MORE EVIDENCE IN THE POISONING
CHARGE...
SPORT.
TETHIS.
DOUBLEH CHAMPIONSHIP.
It would be an injustice if I wore be convicted of having illicit cigarettes in my possession," said Mr.
A large crowd of Military tennis di F. X. d'Almada, at the Magistracy, sell, yesterday afternoon,—of the poison- yesterday afternoon, to
Most of the hearing, before Mr. Lind-thusinats assembled at Happy Valley, terday, quite carried away by his ing charge was occupied with the evidence games in the third round. Among those witness the. anxiety for his client, a cigarette retail of the cook. Mr. Leo Longinetto represented the against when it was alleged that half special delicacy of stewed paddy worms M. Kirkpatrick, 0.0.0., Lady Kirk He explained that the present were 11th Lieut-General Sir G. plaintiff and Mr. Leo' d'Almada the dehis stock bad not päid duty.
(in which it was alleged that the defen- [ patrick and the Misses Kirkpatrick, Col. fendant.
"You must not confuse yoursali with dant had put arsenie), was prepared Days, C.E... Col. Humphrey, D.D.M.S, His Lordship said there were two
your client," remarked Mr. Orme, "con-according to the following recipe:-First Col. Nicholson, DAA, and Q.M.G., | points; whether the wall was properly
selingly. "You won't be convicted." catch your worms, then eat them into Majors Hickling, Edwards and Tomlin. built and whether defendant was able associate myself" with my client,uitable lengths (whether they are alive on, the Rev. Air. Shewell, C.F., Capta
Olliver, Tomory and Fishor, A.D.O.
for the cost of blasting operations:
Mr. Longinatte said his elicat was instructed to build the wall the way he
replied "Mr. d'Almada "When I say
* no! I mean my client."
"A conviction won't have the same had done it, and pointed dut tamdodend-eflect, though," said the Magistrate,
ant that it was in risky job and the wall drily. probably would not stand
According to wanted a tennis
or dead when this is dong was not stated). Put the worms in a pot with pieces of pork, garlic, preserved olives and flour cakes (cooked in peanut oil), and stew gently for two hours.
the cook said he saw the defendant come Coming to the charge before the Court, into the kitchen while he was preparing the food and do something to the stewpot. in while the food was cooking. Just before the meal was served, the defendant walked out of the place. He was invited to partake of the meal but said, "I will not eas your food." This was unusual; the defendant generally accepted the invitation to eat with them. This was
The case had been adjourned two or to the evidence, Mr. Martin three times, and on this occasion various court at his house at B.T. agents and sub-agents were call Taipo. This involved cutting away parted to say that they supplied the defend-Defendant was the only person who came of a hill and building a retaining wall.ant with cigarettes which, so far as they Ma Yiu Ting's tender, though not the knew, were 'dity paid. "Even they, appar. lowest, was accepted on the advice ofenly, would have difficulty in proving, Mr. Baker, engineers of the Kowloon in a legal sense, that the duty was paid. Canton railway. A dry rubble wall was They got the cigarettes in bulk from the built But it collapsed soon after comple-BA.T.", and they presumed that the tion, Mr. Martin contested the claim any had been paid.
The mateà between Q.M.S. Foster aud S.-Sgt. Haynes, B.A.0.C., and Bdamen Murrant and (1), Wilts., produced some
first class play, and the former pair rallying, took the set 8-6. took the first games. The Wilts. pair,
R.A.O.C. pair by G-), 0-3, who, won, the The second and third sets went to the match 2 sets to ore.
The other games resulted as follows: R.E., beat Sgt. Wilkinson and Cpl. C.S.M. Pearson and Cpt. Townsend, Rhodes, R.A.M.C., 61, 0-3.
R.A.S.C., beat Cpl. Hayward and Spr. S.S.M. Stroud and Dr. Lansley, Newing, K.E., GI, 8-9.
Cross-examined by Mr. Taylor, for the first refusal that the cook remember: R.GA., best Sgt. Wells and Bdsm.
ant was not
the ground that the "wall was not properly built aud be also denied the Imports and Experis Department, liability in respect of an amount clained one witness said the sales to the detend- for blasting operations which were, heat to which he was speaking, occurred conténded, included in the plaintiff's con- in April, last; the next said the defend- tracta
regular customer; the next, ** principal" agent of the BA.T." said he sold to the defendant hus, March.
This witnesa exhibited
F
筷 Scottish Caution under cross-examination.
"As they were Hatamen cigarettes," asked Mr. Taylor, would you expect then still to be good and saleable? ***
The witness: 1 can't say
The plaintiff, in evillence, said that while the wall was going up Mr. Martin told him to use big stones, and he said It would not be safe to do so. Mr. -Martin replied that it didn't matter as long as it was cheap," Witness then structed the foreman to build the wall in accordance with the defendant's wishes. Regarding the blasting opera tions the plaintiff explained that he ar ranged to remove the earth only from the hill and not the stone. At first he did not see any stone there to remove.
His Honour said he thought the plain- tiff undertook the whole of the work of cutting away the hill; it was merely his bad luck that he came across the stone.
Me Longinotto replied that Mr. Martin recognised the daim for the blast ing because he paid the $200 on account:"| Mr. Leo d'Alinada contended that no particular iten Jad been admitted.
The defendant said in evidence that
The Magistrate (to the interpreter): Tell him that, as a principal agent of the
B.A.Z."; he must know.
"it depends whether the cigarettes have been kept in a case or not," said the witness, when the question had been put again.
Well, what if they were opet, at the back of the shop," asked Mr. Taylor. "I can't say," replied the witness.
Would you buy them back, now 1" asked the Magistrate.
If they became mouldy, they would
e. Everyone else then sat down to the meal,
"You started to help yourself to the good things inquired the Magistrate.
Yes," said the cook," I took five mouthfuls of worms."
Did it taste good?” "It had the taste of worms," replied the cook, who, all the afternoon, exhibited a faculty for stating the obvious and, ultimately, was called by the Magistrate "an extraordinarily stupid fellow."
"Well, did they taste good that night "Nothing out of the ordinary," said the cook, but I soon noticed grit in the food."
"Did you say anything to the others?'
No," said the cook.
"Naturally agreed the Magistrate, "you would lose face' with them."
"
The cook added that one of the visitors was the first to call attention to the grit.
be sent back to me for exchange," said Then, of course, the ice being broken,
when an account was submitted to him the witness, begging the question rather everybody said they had noticed the
.on August int he did dispute the item neatly.
...
Sgt. Holloway and Gr. Henwood, Teagle, Wilts, 3-6, 6-3, 0-3-2
weather permitting, to-day, commencing The semi-finals and final will be played, at p.m.
Lady Kirkpatrick will present the trophies at the close of play,
The Wiltshirea band, by kind permis Officers of the Regiment, will play selec sion of Lt. Col. J. R. Wyndham and tions during the afternoht.
WATER FOLO.
The United, playing without Finch, were defeated at the V.R.C.. yesterday evening, by the Club Lusitano by 4 goals
Matches for this evening-
to 1
5.16 p.m.-H.M.8. Forglart v. 9/Wilt
shires. " 5.45 p.m.-V.R.C.*. R.G.A.
LAWN BOWLS.
SHANGHAI HONGKONG,
The interpert teams mek, ngain, this
it was included in his contract for re-yourawn use f "persisteil the Magistrate/Be peculiarity and with one consens time in a friendly match, at Koloon)
abous Ulanving an win van pre
T Magistrate" gave it up."
moving the hill. While the wall was if they are moulds, we can have them not observing due cleanliness in his cling Green Clab, yeste lay afte bon
be obliged 25-82776 going up be criticised the workmanship charged," said the witno.
culinary operations. Then, according to substituc and pointed out that the plaintiff was.
the cook, someone claimed to recognise
Hongkong bot putting heavy enough stones into it." He was not satisfied with the wall when
the particles on the plates as arsenic and, venging themselves for
defcat. They won C call all the persons from whom the de- all of them being chemists' assistants, 20 to 16. At the begin.
the plaintiff ceased work and never at
any time passed it.
rations.
Mr. d'Almada said that was all the evidence for the defence. He could not
fendant had bought because, two had
on hy
voked BB
Mr. G. C. Wood, architect, gave absconded. I have proved, to the satse they took measures immediately. They though it was going to a very close evidence for the defence. He attributed faction of the Court," continued Mr. mixed a jorum of funy-jong and all drunk game. By the time the eighth head was have been expected to win casily. the collapse to bad workmanship and d'Almada, that all my cigarettes, that faulty, design. The average cost of can- i sed, were duty paid. Even B.AT some. This was at 5.30 p.m., but stranged Shaadini had scored 11 to 3 and struction D der bubble wall would be agcals cannot produce receipts showing to say, the men minde no report of the by state perhaps, thout per cubic yard. An ordinary that duty has been paid; the B.A.T. matter to anyone until about nine o'clock, after playing every day for g
Anyhow they never scored again until the tender would have included blasting ope- pass the duty in bulk.The Urdinance when their symptoms became worse and, eth head and Hongkong added ones and throws on the defendant an onus which as one of them put it, their stomachs was until, after the 15th head, they In reply to Mr. Longinotto the witness which it is impossible for him to dis became feverish, and they were sick. stood 17-11. Both teams were playing said that, considering the heavy rains charge. There is no means by which the Then the Chinese doctors enme along well towards the end but Shanghai's 20" about the time the wall was constructed, defendant can prove that duty has beep and, with great docility, the men took covery came too late, especially as, at the 20th Brad, Hongkong scored 5. The any dry rubble wall might have, come down.
The Magistrate: I understand that the on the instruction of one of them, further shanghai skip had hard luck in not re-
doses of. Jung-tang-without telling him
"He drew a wood proof the revenue department requires apparently, that that prescription had is proof by means of bills and accounts, been tried already and had proved. in which, unfortunately for him. sent the jack into such a position that it improy Mr. Taylor says you have not produced effectual.
ed the Hongkong score. proper bills at the proper time and place.
Mr. d'Almada That doesn't mean that you attribute the collapse to the heavy rain, does it!
Witness: No,
Paid
Mr. d'Almada: I produced them subsequently.
The Magistrate said he did not think it could bo seriously contended that any hardship was inflicted on a man in busi- ness if he was required to keep proper accountą.
Mr. d'Almada submitted that, on the evidence, the plaintiff was not entitled to claim one "cent. Mr. Martin, he argoed, was justified in taking up the
The Magistrate: The retailer should attitude that unless the wall was done have bills and accounts ready to be ex- in à satisfactory way he would not pay. hafited when revenue officers visit.
His Honour remarked that he did not
Mr. d'Almada: Some people do busi- known why the wall came down and Mr.nes in a.alipsbod way but it doesn't d'Alakada urged that the evidence of the follow that, because of that, they should architect settled that point. The Judge be found guilty.. rojoined that he was still in doubt as to what the architect's view really was.
His Honour said that the plaintiff would not be regarded as a skilled person, except in a very modised sense. Both parties knew the work was going Mr. d'Almada said bankrupts were to be roughly done and the defendant frequently found not to have kept proper took the risk. His Honour found, as a accounts. Esct, that Mr. Martin in conversation The Magistrate: Thore is no law to with the plaintiff, did adopt the wall, compel any of us to keep seconats oor with its faults, and must accept the realy, except that, in the case of tobacco consequences. His Honour found that dulles, there is a particular duty cast the blasting was included in the contract and this point was, therefore, decided against the plaintiff."
Judgment was given for. 8158.10, both parties to pay their own costs.
KAVAL AND MILITARY "PAY,
"
In the course of the evening the de fondant returned to the shop and they taxed him with having put arsenic in the supper. He denied it but they de tained him and eventually gave him in charge. The cook was also in custody for some bours.
The magisterial investigation is likely to be protracted,
.
COMPANY REPORT.
DOUGLAS STEAMSHIP CO., LTD
The report of the General Managers (Messrs. Douglas. Lepik & Co.) on the thirty-eighth year's working of the Com- pany, onded 30th June, 1921, states:-
"Political disturbances, in China, and consequent restricted business; increased on the defendant to keep necessary proof, competition, and a phenomenal advance ready to produce to an officer when the cost of liquid fuel during the first six months. of the period under re- asked for it. The case has gone on for view; have all militated against profit- some time and I cannot pretend to have able working of the steamers in in my head all the facts brought för-regular trade. ward. For that reason, it would be more satisfactory to leave the case over and comider it in the light of them all ordinary docking charges, premis of insurance, allowances or leave and
during this score.
The following were the teams and de tails of the match:
ABANGHAL
HONGKONG.
1 Tweedle Clark......
2 Landers Gerrard. Hamilton.......... 3 McAlister .......... Ferguson (skip). Shaw (skip).
SHANGĦAL. Shots, Total,
HONGKONG No. Shots. Total.
17
0122'
10
After paying all running expenses,
20
14
14
14
Mr. R. M. Dyer has presented a cup
But I may say (added the Magistrate) pensions of the floating staff, and trans for each member of the winning team in that I am satisfied that the defendant ferring $51,187.86 from the reserve fund the interport match and a smaller, sou In the House of Commons, last month, has not given satiafactory proof, accorder Mr. Amery, in reply to Viscountessing to law, that be has paid duty, at any to meet the cost of special repairs, venir cup for each member of the lusing
renewals, and additions, to. steamers, Astor, said it was true that a compari rate on a large block of cigarettes there remains the sam of $101,481.40 at side. It should be mentioned, by the son of the pay and allowances of officers Whether that refers to all the lot 1 will of certain equivalent ranks in the Navy and Army showed an advantage, in favour of the latter. This, however, was not
A new situation, as the same was true before the now rates of pay for the Bervice were fixed. It had been the accepted view in the past that regard.
go through the evidence and consider.
The case was adjourned for a week..
· · WORLD. THEATRE,
credit of profit and loss account, which, way, that the Shanghai team and mem- subject to the approval of shareholders, it bors of the Kowloon Bowling Club" had is proposed to appropriate as follows: enjoyable outing in the New Ter- ritories through the kindness of Mr. Dyer, To pay & dividend of 7 per-
who placed four cars at their disposal. cent. ($3.50)$ 70,000.00 and of Mr. E. Abraham, who also lent To write off the value of the Company's seamers and pro perties
This afternoon; the Shanghai team will must_be_had to the earlier age at which A most stirring dramatic play is com
31,401,48
moet the team known in bowling circles naval officers normally attained the vari-ing on the screen of the "World Theatre" ous ranks the effect of which was to give tonight in which the star Emmy Wehlen
8101,461.48 49 The Hongk ng Big FourMesars. Bond Gerrard, D. Harvey and Russell a marked advantage to the naval officer figures in the leading role, with a over the whole of an average professional mitent American as the husband. "Lifting Mr. John Johnstone resigned from the (skip) the team that went to Shanghai, Carrer, even when the married allowance Shadows" consists of six fine reels and Consulting Committee on leaving the two years ago, and inaugurated the inter in the case of the Army officer was taken the story is of such enthralling interest Colony and Mr. D0 M. Bernard was port match. The game will be played at into acount. The fixing of the new rates that it rivete attention from beginning invited to fill his place. The Committee the Rowlgon Bowling Green. of pay on different bases--the Navy giving the enme rate of pay to the un married me to the married efficar and the Army making a considerable difference between the two-bad however, intro duod disturbing factors, which were receiving careful consideration.:
to end. Family, reputation, future, now consists of Messrs. D. G. Afterwards the bowling men of the want everything to the husband. Had Bernard W. E. Clarke and A. O. Lang, Colony will entertain the visiting team she the right to his love! Could he who retire but offer themselves for roto dinner at the Hongkong Hotel. Mr. realise his ambition with this woman as election,
RM. Dyer is expected to be in the chair
his wife? That is the theme, and it Mesara A. R, Lowe and O. Bernard and the Colonial Secretary (the Hon. Mr. mikes an intense appeal to every man Brown, the auditors, retire bat offer Claud Bevern) has promised to be pre- and woman.
themselves for re-election:
sent.
IXL
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