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UNEASINESS IN CANTON
THE ALLEGED PLOT AGAINST CHIANG KAI SHEK.
SEARCH MADE FOR OTHER SUSPECTS:
[FROM_OUR' CHINESE CORRESPONDENT] The arrest of two suspects in Canton, who are alleged to have plotted against the life of General Chiang Kai Shek, which I reported yesterday, has led to a vigorous search for others who are be lieved to have been in the conspiracy. Known opponents of General Chiang Kai Shek's policy are said to have been sub- jocted to secret vigilance and no little uneasiness is being created as a con sequence. General Chiang is keeping his movements most secret.
"
In addition to the oghsors at the Post, Telegraph and newspaper offices, the Kuomintang have appointed a special Press Commission to supervise the policy and the activities of the various pública tions in Canton This Commission com- prizes eight members, including Mr. Eugene Chen, former editor of the Peking Gesette and the Euominchun organ the Win Pao, H. C. Lec, formerly of the Shanghai Gazette and now editor of the Canton Gazette; Mr. Wei Yuk, director of the Kuomintang Information Bureau and Prof Koo Man Yu.
MR. SUN FO.
THE HONGKONG DAILY PRESS, WEDNESDAY, JULY 14TH,
THE BANNED SWEEP AN EXTRAORDINARY
STAKE
POSITION OF SOCIETY OF ST. VINCENT DE PAUL
STATEMENT BY THE PRESIDENT.
Mr. J. M. Alves, the President of the Society of St. Vincent de Paul, "requests" us to state that the Society did not ask Mr. Frank Haytor to arrange the Sweep- stake on the St. Leger for the Society's
benefit.
On June 9th Mr. Hayter wrote to Mr. Alves as follows:
POSITION:
THEIR LORDSHIPS ACCEPT BLAME
QUESTION OF A SOLICITOR'S STATUS
OLD CASE REHEARD IN APPEAL
COURT..
Continuing, be said that if the plaintif liked they would go on with the case and take his evidence. On the other, hand he might be granted an adjour ment. Any delay which had been caused hand-been-due- to the suggestions made by himself (the Chief Justice) and the Puland Judge
OBJECTION TO. ADJOURNMENT.
Mr Potter objected to an adjournment. He said that the magnitude of damages which had been awarded to plaintiff pre- viously was much less than the costs The which the landlord had satailed. landlord had all along fought the case on the question of principle The plain tit had appeared in the Court below, in an adjournment to consider the cass. the Court of Appeal, and now he wanted Counsel submitted that his legal advisers
He should have done, and surely had done that before they came to Court. could not help "fseling that any solicitor could come to Court without having con- sidered the point which he (Counsel) had submitted to their Lordships. He could times
Some months ago Mr. Justice-Wood, in the Summary Conrs, gave judgment for $400 to a Chinese tenant, who sued his Jandlord for trespass. His Lordship "I have been approached by a numbelieved the plaintiff's story, which was ber of sportsmen in the Colony to to the effect that whilst he was absent organise a sweepstake on the last of on the night of January 12th, representa the English classics. The St. Leger.'
"A committee has been formed and tives of his landlord visited his premises it has been suggested that a deserving in Queen's Road West, and after destroy-mot seriously contend that he had no cause must benefit. One of the coming home property and taking away mittee has stood out for the Society of articles of clothing, nailed up the door. St. Fincent de Paul. It has been put
Some time later, the landlord appealed to the vote and after the proposer ex- plained the good done by the Society for the abrogation of the decision, before it was passed unanimously.
the Chief Justice and the Puiane Judge. Apparently, after long deliberation, their Lordships decided upon rebearing the case.
<h
"It has been left to me as secretary to ask you if you will accept ten per cent, as a donation to the cause." This offer, tempting as it might seem to the President of a Charitable Society which can always find a good use for its funds, was not even accepted in ita entirety.
Mr. Alves knew that sweepstakes were illegal and in order to broaden the basis of responsibility, as it were, he wrote to Mr. Hayter on June 18th suggesting that the ten per cent might be divided equally between the Society of St. Vin- cent de Paul and the Hongkong Betevo- lent Society. He pointed out that Mr. Faytor would have to confer with Mrs. Hunt, the Secretary of the Benevolent Society and added "if she agrees your syndicate will have the pleasure and satis- faction of helping not only one but two charitable institutions which are doing so much good for the suffering poor of Hongkong."
-In Canton the opinion is gradually gaining strength that Mr. Sun Fo, son of the late Dr. Sun Yat Sen, will soon
The Benevolent Society has upon its have to follow the example of other executive a number of responsible mom Kuomintang leaders and leave the bers of the British community and the idea at the back of Mr. Alves, suggestion General Southern Capital. Recently
was that the Benevolent Society would Chiang Kai Shek asked Mr. Sun Fo to not associate itself with the sweepstake assist his uncle, Mr. T.V. Soong, unless satisfied that oficial sanction had Kuomintang Minister of Finance, in rais been sought and obtained for its promo ing $8,000,000 and it is considered by tion. most people that the tank is an impos- sible one in present circumstances,
HUNAN,
The reports from Hunan are as con- ficting as ever. A Kuomintang com muniqué claims that Changsha, the. capital of Hunan, "again fell into the hands of pro-Kuomintang forces under General Tang Seng Chi on July 10th.: A report from another "source, dated the 19th inst, contains no confirmation what- ever of the fall of Changsha. It simply states that General Tang's men have been operating along the river with Chu-
chow as their objective.
5
There the matter remained as far as the Society of St. Vincent de Paul was concerned and Mr.Alves submits that, in the circumstances, the statement made that the sweepstake was organised At the request" of the Society is absolutely
without foundation.
"MR. HAYTOR" BEFORE-THE-
COURT
NOMINAL FINE IMPOSED,
At the Kowloon Magistracy yesterday, before Mr. J. H. B. Nihill, a sequel to the banning, by the Police authorities, of
Counsel, continuing, asked why, his client should have to cover the expense of & further adjournment Their Lord- ships, did not want any more argument; it was merely a question of facts. It was the plaintiff and his witnesses, and the easy for the Court to get the evidence of evidence of the appellant and his wit- nesses. Under the exceptional circum- stances of the case he felt that there was no-ground for an adjournment, unless plaintif agreed to pay costs. Otherwise it would be very hard on the defendant.
Mr. McCallum said that his client was willing to go on with the case if their Lordships refused to grant an adjourn
When the case opened in Full Court yesterday, before Sir Henry Gollan (the Chief Justice) and Mr. Justice Wood (the Puisne Judge), Mr. Elden Potter, EC (instructed by Mr. H. C. Macnamara), appeared for the appellant, whitt Mi{ meat. D. McCallum represented the respondent.
SOLICITOR DEBARRED,"
At the outset of the case Mr. Potter said that he felt it his duty to raise ter objection. He did not wish in any way to embarrass Mr. McCallum or their independent and not summary juris- Lordships. The Court was sitting in diction and Mr. McCallum had no right of audience. He (Mr. Potter) would be lacking in his duty if he did not raise. this important point.
Mr. Potter quoted section of the Supreme Court Summary Jurisdiction Ordinance laying particular emphasis on that part of it which stated the Full Court shall have power on every appeal on questions of fact or questions of law The Full to try the case de novo." Court "in that section, he claimed, meant a Full Court sitting in Court of Appeal. Their Lordships that mor- ing were sitting in appellant juris- diction. It was on the appeal that they were trying the case de noro.
His Lordship commented that Full Court" did not necessarily mean Appeal
Court.
"A FALSE CASE.”
Mr. Potter: It is absolutely a false case. We never had a cap and saucer out of the house, much less 8400 worth of furniture. We never took the goods at all.
The Chief Justice: It is serious if you say it is a lie from beginning to end.
Mr. rotter It is definitely so. The Chief Justice: But the learned Puisne Judge accepted plaintiff's story.
Mr. Potter: That case is gone now, My case is now a question of fact. It has been a great hardship on the land- lord.
The Chief Justice: It has been hard on the plaintiff, too; in fact it has been hard on everybody concerned.
Mr. Potter: I do not want to say any thing unkind, but shall we ever get any costs-if-we-win
The Chief Justice said that the hearing might have been avoided if any intima- tion had been previously made to the
Court
Mr. Potter again, raised the question
11 was granted. of costs for the day, if the adjournment
The Chief Justice said that the costs Mr. Potter I did not say that the for the day would merely be a amall pro- Fall Court could not sit except in appartion of the total costs. pellant jurisdiction.
Mr. Potter felt that the plaintiff should pay for the luxury of adjournment.
Mr. Potter added that this was not an
The Chief Justice replied to the effect order for a new trial. If it was it would that the plaintiff had come to Court have been possible for either party to thinking he was entitled to be represent demand a jury, to add claims to the writed by a soliciter. They had decided that and do all sorts of other things. As it he could only be represented by Counsel, was, the Court, sitting as & Court of but he did not know before the bearing. Appeal, were trying the case de novo.
commenced.
UNTENABLE POSITION:
The point with regard to the right of audience of a solicitor to such a Court was an interesting and entirely novel one, continued Mr. Potter. As far as taemory went this Court had never before been open to a solicitor and unless their Lordships sat in Summary Jurisdiction
Mr. McCallum suggested that the case be adjourned until the afternoon, when his client would have had an opportunity of considering his position.....
In adjourning the case until the after- noon, the Chief Justice remarked to Mr. Potter, You bad better apply for costs against us." (Laughter.) RESPONDENT WITH NO COUNSEL
When the hearing was resumed in the afternoon, Mr. McCallum informed their Lordships that the respondent was de-- fending the action in person
a sweepstake organised by a "Mr. Hayit was impossible for Mr. McCallum to tor
on the St Leger, took place, Mr. obtain audience. If they sat in Sum- Ernest Broadberry Mr. Haytor"), of mary Jurisdiction, to what tribunal TRAFFIC CONGESTED.
No. 18, Chatham Road, Kowloon, being would it be possible for either of the Traffic around Canton city has been prosecuted on a charge of unlawful parties to appeal? Counsel would have
to appear before their Lordships again Giving evidence, Chan Pui, the respon- on the same CASE. His Honour the dent said. that he held the tenancy of most congested for some days past. possession of 6,570 St. Leger tickets.
The defendant pleaded guilty. Owing to the rise in the principal water-Divisional Inspector J. Ogg said that Puisne Judge had already heard the the ground floor of 376, Queen's Road ways, and the strong currents, together he had been instructed by Mr. T H. King Summary Court hearing and the first West, for over seven years. On the even with the commandeering of boats and Director of the Criminal Intelligence appeal. The position was untenable; the ing of January 12th he went across the week's same, as if a solicitor appeared in a harbour, leaving the prees in charge Department) to apply for a
Divisional Court in England, appealing of his cook. On his retu at midnight, junks for military purpotes, ordinary remand shipments have been considerably de- When asked if he had any objection to from & County Court decision. Would his cook informed him that his landlord's taken away some property and nailed up layed. Troops, moreover, have almost a remand defendant replied that he their Lordships contend for one moment rent collector and two other mea had the door. Witness at this time was in arrear with his rent. monopolised the railway services, especi- would prefer the case-being settled that that he would be heard?
་
ally on the Kwangtung section of the Canton-Hankow line. The cities of Shiu- bing, Kongmoon, and Kaukong are suffer- ing, from floods and trade is almost paralysed. There are various reports relating to damage done to dykese
71 W!
day...
His Worship I am prepared to pass sentence to-day, but a remand might be in your own interest.
Defendant: Yes, your Worship, but I plead guilty and would rather you settled the case now. I organised this sweep take for these people. I see no object u a remand. I am guilty.
LACK OF FUNDS
1
"I sympathise with the respondent in Next day be consulted a soliciter, and that his lack of funds will not permit of when a few days later the premises were his engaging a barrister but the point again opened, he found that some of his chapped up on the floor. Amongst is mich an important one of practice that property was missing, and other articles
felt bound to raise it," said Counsel. The only case bearing on the point the missing articles were a trunk, con-
chickens. which he had been able to find, he containing clothes, an electric fan, and two In answer to the Bench, Inspector Ogg tinued, was one by Sir Francis Piggott Mr. Potter put it to witness that he STUDENTS' HEADQUARTERS."," said he had no statement to make; there in conjunction with one other Jadge himself had removed the property prior The Chinese Students' National Union, bad been quite a lot of correspondence whose name which professes to represent the interests regarding the "sweep, which was being laid down the practies of the Court of to the arrival of the landlord's repre
carried on on a large scale. He (Inspec Appeal. It would be seen that through. Bentatives. Witness denied it.
EXPENSIVE CLOTHES AND of students in all parts of China, is to tor Ogg) bad received no instructions as out the case there had been no doubt, in
CHICKENS have its head office in Canton instead of to why a remand was applied for, but be the minds of their Lordships in that in the foreign Settlement at Shanghai could communicate with Mr. King by tole- case, but that they were trying certain
rhone for further instructionz. " where its activities are said to have been The case was accordingly put over until points as a Full Court in appellant
quarters.
frequently checked by the Municipal a reply was-received from Police Head- authorities. Three students from Shang- hai have already arrived in Canton to make the necessary: arrangements.
iterno
PROPERTY SALE.
At the Chine-Auction Rooms yesterday E. TOM R. de Sousa sold, by order of the mortgagee, leasehold pro- perties situate at Nos. 68, 70, 704, and 79 Third Street,
The properties have a total area of 2,888 square feet with an annual Crown rent of $18.08.7-
When the case was again called, In- spector Ogg stated that Mr. King had agreed to the case being settled that day. Mr. King further asked for a conviction to be registered, but made no application for a heavy penalty.
FOR CHARITY.
was not mentioned. This
urisdiction. ***
Mr. McCallum said that he would like to make an application for a new trial, but could not do so as he had not gives sufficient notice.
HIS LORDSHIP'S REGRETS.
Mr. Potter: Why should those people bave broken up articles which belonged to yout-They told my cook that, as would not pay the rent, they would month my property.
Mr Potter There is another item for $15 for a mahjong set. I did not lose mahjong set. I lost two chickens, and
Counsel drew witness's attention to an item of $400-on the original writ, stated to be the value of clothes stolen Wit The Chief Justice thought that therofness contended that he had many silk was no provision for an application for coats amongst the missing clothes. Mr. the re-trial of the case. Ajudge had Potter remarked that witness had appar power to review a case in which he had ently an expensive tailor. His Worship (to defendant): I under-given judgment, but he had not power to stand that this sweep was organized for order a re-trial As far as he could sea. there was no provision in the ordinance charity L
Defendant: Yes, your lup, 10-per-for-s-Fall Court to order new trial it must have been a clerical error.
fact, it It was a difficult point to overcome Mr Potter: There is no mention of cent was co go to charity was to be organised on their behalf; on His Lordship intimated that personally chickens here, not even rooster. Fifteen their request.
he was very sorry, that it was so. They dollars for two chickens! Your poultry Chan Rau, respondent's cook spoke of were, however, unable to allow Mr. 18 also very expensive. (Laughter.) McCallum to appear in the case, t
Mr. Potter said he was sorry that he the visit of the landlord's representatives was forced to. bring up the point, bat on the night of January 12th, and how be had no alternative
His Worship You have not any letters from them b
Defendant: Yes, your. Worship. I have lotters from the Secretary of the St. Vincent de Paul Society.
Court
His Worship: Have you got them in Defendant: No, your Worship
The upset price was 825,000, with bids of 8200 accoptable. Bids varied from $200 to $1,000 for a while, but eventually continued in stages of $200 until the sum of $38,800 was reached, at which figure Mr. J. M. Noronis became the purchaser i fasated,
Hi Worship said he would only impose a nominal fine of 825
The tickets were ordered, to be con-
they took away some of the property, The Chief Justice, addressing Mr. and destroyed other articles. McCallum, reiterated that the point cigarette vendor who was a sub- raised by Mr. Potter was a difficult one tenant of the respondent also gave cor
to overcome. "I am perfectly willing soborative evidence. to take the blame for it," he continued.
This closed respondent's caso, and the I am afraid that I did not read the hearing was adjourned until this morn- section of the Ordinance properly."
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