Page
STRIKERS OUTSTAYING THEIR
WELCOME
THE HONGKONG DAILY PRESS, FRIDAY, JANUARY 29TH
A DEAL IN SILK.
'THE KWONG WAH-PINGUET «CASE.. MR. JUSTICE WOOD'S JUDGMENT.
{FROM OUR CHINESE CORRESPONDENT. ] When the strikers first went up to In the Summary Court yesterday Canton from Hongkong last June they Mr. Justice Wood delivered judgment in were permitted by property owners to the case in which the Kwong Wab & Co accupy vacant buildings but they appear of 37, Wing On Street, sued P. M. to have outstayed their welcome and Pinguet & Co., 17, Queen's Road Central, there has been a good deal of friction for alleged breach of contract. Plaintiff
"EXPORTING" "MONEY.
CASES HEARD AT THE
"MAGISTRACY
ALLEGED ATTACK ON A FOKI
CHINESE DIES AFTER JUMP FROM VERANDAH.
Magistracy yesterday thrie cases were
Before Mr. Lindsell at the Centrul | EXCITING INCIDENT IN CENTRAL heard in connection with attempts to ex-
DISTRICT.
port money from the Colony.
A Chinese, who described Jumaef as a Californian merchant, was charged with
An exciting incident, which ended
trict yesterday morning," when a joki, tragically, occurred in the Central Dis who was in the employ of the Heo Cheong
recently between the landlords and their had claimed the return of $681.98 which (attempting to export the sum of $500 Wo firm of abip chandlers, Connaught |
guests. To get over the trouble all lodg ings jo future are to be arranged through a social committee, of the Labour Unions interested in the enforcement of the strike.
MILITARY LEAGUE" AGAINST
CANTON REGIME.
FROM OUR CHINENE CORRESPONDENT]
Reports in the Chinese Press state that General Wu Fei Fu, upon the advice of General Ma Chi, a former militarist of power in Kwangtung and Kwangsi, is backing military leaders in the Kwang tung Kwangai neighbourhood, and the military tupans and tuchune of Hunan, Kiangai, and Yunnan in project for a joint invasion of the two Kwang provinces to relieve them from Bolshevik control.
It is also reported that certain anti-Red leaders-mostly persons who once possesa- ed military or political power in Canton or Nanning but have been driven out are now in Shanghai formulating schemes for the overthrow of the present bureau, cracy and Soviet dictatorship in the Southern Capital A Shanghai message to the True Light mentions in this con- nection Hsu Chung Chi, Liu Chen Huan, Lin Fu, Hsu Chi, Chuck Jen Ki, Hang Yin Hunn, Kwi Kun Ying, Feng Tsok
Wan, Yang Chi Min, and others as mem- hers' of a new military league against the present Canton régime,
The Kuomintang Army, however, is reporting the further success of their arms. On January 26th it is announced they completely gained control of Heihow, in the island of Hainan, on which they first landed on the 17th inst.
THE SOVIET ADVISER AT CANTON.
for ten rolls of artificial silk which had had been paid by them to defendants been rejected because the material was not of the stipulated width. The width should have been 28 inches:
LA
In delivering judgment, Mr. Jug tica Wood said that it WILS action by & buyer for the 000- delivery of goods. The price WAS paid by the buyer in advance of delivery The question arising for decision was whether the seller had or had not made a good delivery of the contract of sale. The date of the contract was May 22nd, 1995. On that day, a broker, being the agent of the seller, produced a sample of dress material, "artificial silk jersey to the buyer, and asked if he was pre- pared to buy ten pieces of the material at contract price. The buyer expressed readiness to do so. The broker, whose authority from the seller was limited to whe directed the broker at once to accept obtaining offers, reported to the soller,
it on his behalf.
THE ACCEPTANCE.
The broken then visited the buyer, ac- cepted his offer by word of "mouth," and gave him a document. The testimony of the broker himself had not been available and his absence had rendered it dificult to give findings of facts. It was, how ever, established, that the offer of the buyer contained a stipulation for the width of 28 inches, and that' thé accept- ance of the offer included an acceptance of this expressed condition. It was also evident that the document delivered to the buyer was not an instrument in the contract (which was an agreement for sale made on that date), but was merely
made as a record of certain terms in the contract already made, and was an an nouncement by the seller of the allot mentsby him of certain goods to that con- tract,
"
▸
BALE BY DESCRIPTION.
Continuing, His Lordship said that in his view this contract was an agreement for sale of goods by description, followed immediately by an allotment of goods by the seller to the contract. The seller had at the time in the godown six cases with identical contents, any one, of which might have been selected by him to make delivery under this contract. ..
After May 22nd, nothing material hap pened until June 9th, when the price was paid by the buyer, and he received a
DEPRIVED OF THE VOTE AT delivery order. Or the following day tis
·PARTY MEETINGS.
[FROM OUR CHINESE CORRESPONDENT]
At a recent meeting of the Kuomin- tang in Canton a resolution was passed. expressly denying to M. Ecrodin, Soviet High Commissioner to South China and political adviser to the Kuomintang Party, the right to vote at the Party meetings, As political adviser he can take part in the deliberations of the Party. This resolution was brought up, it is said, to remove the misconception that M Borodin has been actually directing Canton governmental affairs." According to reports unfavourable to the Kuomia tang, M. Borodin is more than an adviser at Canton and his power does not arise from his appointment as an adviser but rather from the funds the Kuomintang has been getting from the Soviets.
SUPPRESSING SMUGGLING. IN
CANTON WATERS,
agent went to the godown and took the case. In accordance with the custom of his trade, he examined the goods on his premises.
THE WRONG case.
за
The case received by the buyer was not in fact the case allotted on May 22nd, but was another case in the same series He noticed this error, but nevertheless opened the case, he was therefore estop ped from basing any claim for non
delivery.
•
from Hongkong.
a nemen off to Hano by steamer and The defendant said that he was seeing laboured to impress upon His Worship that he had forgotten he had the sum
mentioned with him at the time. “
After evidence had been given by number of police witnesses, His Worship remarked that there appeared to be slight doubt in the case, to the benefit of which the defendant was entitled, He accordingly dismissed the case.
MONEY IN SHOES,
Un"a similar charge another passenger was fined $10, although he denied that he had money in his possession. The con stable" who searched defendant stated that he first of all found $10 in the man's breast pocket and subsequently dis covered a further 830 in his shoes.
the steamer for Macão was fined $95. An old woman who took $952 on board
She pleaded ignorance of the regula- tions.
STRIKER FROM CANTON.
• SENTENCED FOR STEALING OVERCOAT.
At the Central Magistracys yesterday, Major Wilison sentenced a Chinese to two months' imprisonment for stealing an
Overcoat.
Sergeant Meadows said that defendant was apparently a striker and a member of the Shoemakers Union in Canton In his possession were found tickets which would enable him to get food in Canton. He arrived in the Colony on Tuesday.
In passing sentence, His Worship char- acterised the culprit as a saeaking thief, and a dangerous apy."
Road Central (near the Yaumati Ferry), jumping into the road from the second startled pedestrians on the Praya by. floor verandah. The man is alleged to have run amok with an are and, with-
out
any known provocation, attacked another foki, a youth of about soventeen or eighteen years of age, employed by the same frm. The youth was seriously injured and his alleged assailant died from the injuries he received by jumping. to the road from the verandah.
The affair happened between 9.30 and 10 am. It has not even been definitely established, according to the police report, that the men had quarrelled first, although it is surmised that this might have been so. In any event, following the jump of the alleged attacker from the verandah, the other foki was found lying
his head and limbs, which had apparently on the verandah with severe injuries to
been caused by the axe.
Both men were at once removed by ambulance to the Government Civil Hospital where the youth lies in a very serious condition. The other man died shortly after admission. His injuries included fracture of the skull.
ARMED ROBBERIES.
TWO PING SHAN VILLAGERS KIDNAPPED.
Two reports of armed robberies were received by the police yesterday. One took place in the Ping Shan district and was attended by kidnapping and the other was perpetrated at Sham Shui Po
The owner of the overcoat, who lived at No. 13, D'Aguilar Street," said that heWith regard to the frm incident, it chased defendant and caught him in appears that at ten o'clock on Wednes day night a widow, living with her Stanley Street.
family in a house at Lung Ku Tam villege, Deep Bay, Ping Shan district, was awakened, by someone knocking at the door and demanding "admittance.. The door was opened and two men entered and held up the inmates with gima. Three other members of the gang remained on watch, bütside the house The five men were all armed, there with riffes and two with revolvers. While two of the gang searched the house and stole 8400 in money and jewellery and a bas ket of chickene, valued at $10, the other three visited a neighbouring house where they kidnapped the widow's son and nephew.
AN ANGRY SON.
TRIED TO STOP HIS MOTHER
BEING ARRESTED.
"You will be a hero if you can take her to the police station," was one of the remarks attributed to a young Chinese, when charged with assaulting an Indian constable, at the Central Magistracy yesterday. Defendant's mother was also charged with hawking vegetables without A licence.
The constable said that when he arrest- ed the woman, her son appeared, used threatening language and took up a fight ing attitude. But for the prompt arrival of another constable, he was sure that he would have been subjected to a fierce assault.
Defendant said that be could not help being angry when the constable was arresting his mother.
HARBOUR THEFTS.
TWO MEN SENT TO PRISON,
The robbers later left with their booty an captives by boat in the direction of
Lin Tin Island
---
THE
SHAM SHUI PO CASE. Four men, one armed with a revolver and the others with daggers, entered No. 104, Tai Nam Street, Sham Shui Po at four o'clock yesterday morning and held up a licensed hawker who lives there.
After remaining for some time in the- house, the robbers made off with money, jewellery and clothing valued at 8470.
JUNK'S FIGHT WITH STRIKERS. PICKETS KILLED IN EXCITING ENCOUNTER.
The story of a fight between the crew of a Hongkong trading junk and strike pickota comes to hand in a report reach- ing the Colony yesterday,
He unrolled most of the materiai, and measured both length and width. He was dissatisfied with the width. Next day he wrote a letter of complaint to the seller, who went and inspected the goods. By the fact of this inspection, the buyer thereby ratified the adoption of the case delivered to the contract. He held that no claim by the buyer for damages could be entertained, because as the result of unrolling, an accurate measurement of the material could not be made and he far ther held that the material had in con-
Major Willson considered the offence & sequence depreciated in value. The serious one, and sentenced him to two buyer had then refused to accept the months' imprisonment with hard labour. goods. The goods were still in the, His mother was fined $5. buyer's possession, and had been wo duced in Court. It had been suggested) on behalf of the seller, that the buyer's acceptance was complete and he was there. fore not entitled to reject them, because by his not examining the goods in the godown he had waived his right to refuse
It appears that the junk, manned with Two men, said to be the last members crew of air men and three women, them.
It had been shown that a custom of a gang of harbour thieves to fall into and carrying four muzzleloading cannot the hands of the Police, appeared before and several ancient muskets, left. Tai existed whereby a buyer generally examined the goods on his own premises. Mr. R. A. D. Forrest at the Kowloon Ping (a town near the Bocca Tigris It could not be successfully argued that Magistracy yesterday. They were charg forts) for Ha Hoi (in Deen Bay, British the buyer through his own conduct haded with stealing a quantity of rope and waters). On Tuesday morning about nine canvas from the as. Tum Sang and the o'clock, they were called upon to heave B. Escondido. in any way lost his right to reject the
to by strike pickets in a boat at Chik mintang to reconsider its drastic policy 800ds, if the alleged breach of contract Evidence was given as to the arrest of WallS
was found proved against the seller and nothing done to the goods by the buyer the men. Defendants admitted the Their reply to the demand was the after delivery exceeded a bona fide charges. First defendant was sentenced discharge of a volley from the jusies examination of them. The onus of proof to two months' imprisonment with hard maskets, to which fire, the twenty or so was on the buyer, and he had to satisfy labour, and the second man who had a
by discharging their rifles at the junk. the Court that the material delivered did previcus conviction, was sent to prison strike pickets in the other hand replied bat the fusillade was hardess as the not conform with the width stipulated. for three months with hard labour. He had based his case wholly on that
junk was protected by improvised iron plates. The junk's crew fired about eight point.
rounds from their cannon, after which the atzikera withdrew.
SHIPPING COMPANIES PROTEST AGAINST, CONFISCATORY
:
MEASURES.
[FROM QUE CHINESE CORRESPONDENT.] Induential shipping companies along the West River are petitioning the Kuo-
în regard to the confiscation of merchant steamers by the Naval authorities under
the slightest pretext and the commission. ing of these ships as units of the Hotilla for patrol service on the rivers. The shipping companies represent the smug gling alleged is. done by passengers or members of the crew without knowledge of the officers of the ship. Contraband now includes Japanese as well as British goods.
JUNK PIRATED.
HELD UP IN LYEEMUN PASS. On the way from Shan Mei, to Hong kong with a cargo of 27 pigs, valued at $600, a Chinese fishing junk, No. 3944 V. "manned by a crew of four, was pirated in Lyeemun Pass during Wednesday night.
According to the police report, the junk was just outside Lyeemun Pass when she was overtaken by a rowing boat, in which were five men, one armed with a revolver and three with diggers,
The pirates boarded the junk and after stealing the prestock they rowed away towards Chinese territory.
DESTITUTE EUROPEAN.
DIFFICULT MATERIAL TO MESAUBE "No one, who has not handled this.
TO BE SENT HOME, material, can fully realize how serious & burden of proof is in this case laid upon the buyer," added bis Lordship.
A short time ago, a Europena vagrant, **ibe named David Boyd, was sentenced to one material responds to tension and man-month's imprisonment for being absent pulation to an extraordinary, degree from the House of Detention.
He then referred to the measurements At the Central Magistracy yesterday, made in Court, and how after a series Major C. Willson informed him that the of gentle movements, measurement varied sentence would be reduced to eight daya, between 26 and 30 inches. After the buyer's since a passage home bad been arranged examination, the apparent width must for him. have been considerably altered.DIY
Concluding, His Lordship "said that plaintiff had not proyed a deficiency in width, because it could only have been done by expert measurement. He was satisfied that plaintif's witness did not possess the requisite experience and
kill.
Judgment was given for defendants with costa
Mr. S. CBrooks was for the plain- iffs and Mr. Yaux (Messrs. Wilkinson & Gristy for defendants.
WEATHER REPORT.
it
Last night's weather report, forecast and remarks by the Royal Observatory; Hongkong, said:
It is estimated that about two-thirds of the strike pickets were killed. The at tacked junk eventually reached Hongkong without further incident.
SILK STORE THIEF.
VALUABLE SHAWLS FOUND IN LAVATORY-
Some more silk goods stolen from Messrs. D. Chellayam (the Popolar Bilk Blote) were recovered yesterday morning. Following the robbery on Sunday night, a portion of the loot was discovered in the fifth
The Japanese depression has passed Building. As far of China into the Pacific The anti-cyclone has Yesterday morning a watchman entered weakened slightly. A fresh to moderate this lavatory and found two “bundles, monsoon may be expected along the B.E. which were identified by the proprietora coast of Chinn and over the China Sea of the store. In the bundles were 39 silk
Forecast NIE winds, moderne, fine. shawls, valued at $9,531,-
1926
SMOKED DANISH BACON
MILD CURED.
PRIME BACK
STREAKY
per lb. $1.60
1.30
SELECTED
FINEST BLUE GORGONZOLA
FROMAGE BLEU ·
ENGLISH CHEDDAR ·
GRUYERE
CHEESE.
per lb. 1.20
1,20
1.20
1.40
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PROVISIONS SPECIALISTS.
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Stocks carried
LEUNG HON-CHI,
Agent.
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GENTLEMEN'S
TAILORS AND OUTFITTERS. We have removed these two departments from the Hongkong Hotel Buildings to our
Store at 12, Des Voeux Road Central. The entrance is by the main door, with an immediate turn to the rights. There is also a SEPARATE ENTRANCE in the passage between Powell's and the New Exchange Buildings. Structural alteratione have been carried out, making the Departmen CONTAINED, ensering every comfort.
NEW GOODS
From London Now On
INSPECTION INVITED.
SELE