SILK STOCKING CONTRACT.
DISPUTE BETWEEN SELLER AND PURCHASER.
PUISNE JUDGE'S DECISION.
xxx
Judgmeak for defendants WEA
given by Mr. Justice Jacks at the Summary Court yesterday in on action concerning the supply of silk stockings made in Saxony,
Plaintiffs, Ah Sun Yuo & Co., merchants, of the. Industrial and Commercial Bank Building, sued D. Chellarum, general exporters and importers, of China Building, for 8602,97. Defendants counter-clair ed for $259 ris damages.
Mr. F. C. E. Rondall, was for the plaintifs and Mr. J. T. Prior for the
defendants.
GOVERNMENT
HOUSE BALL.
BRILLIANT FUNCTION
LAST NIGHT,
HONG KONG DAILY PRESS, FRIDAY, OCTOBER 31, 1930.
ALLEGED FALSE ENTRIES.
PARTNER CHARGED.
The alleged embezzlement of n
"THE MIDDLE WATCH."
HEADMISTRESS SENT TO PRISON.
SPARKLING COMEDY BY A.D.C.
NEGLECTED PUPILS,
Over three hundred guests attend.
sum of $3,078.50 was the subject A NAVAL "ENGAGEMENT,”. ed a ball given at Government of a charge against Ng Kwong House last night. His Excellency Ting, one of the partners in the E the Governor, Sir William Peel, Fung Shipping Company of Wing
K.B... C.M.G., and Lady. Feel
of prominent 'officials and citizens of the Colony were invited, which WAR followed by 'n ball.
the books.
Middle watches for the equival
**SUBJECT FOR THE LEGISLATURE.”
Mrs. Caroline Triman Fearn, prin- |
Lok Street, "Dofendant, was accusat)-from midnight to dam-base cipal of Merovate High School, gave a dinner to which a numbered of lavin on various oeentions been kept in His Majesty's Navy Bickley, Kent, was sentenced at recorded wrong entries in his books,ith nonotonous regularity ever the Old Bailey last month to twelve the suns which he had received on stuce Britannia first ruled the months' imprisonment in the second behalf of the firm being more than wares and before Over this tougher school in a manner likely to division for neglecting children at the figures, represented by him in period of time, history records only one iniduld watch approaching that
cause them unnecessary suffering.
The jury, who were absent for gh Mr. E. S. C. Brooks appeared for to be seen at the Theatre Royal in the complainant, Dr. Lam Yue Hoe, the middle of the coming month hour and twelve minutes, found while Mr. Leo, d'Almada e Castro, (First night November 18, at 9.15 Mrs. Fentn guilty "respecting six jar, instructed by Mr. J. M. p.m.). This was on beard II.M.S.children and not guilty rospecting d'Almada Remedios, was for the de-Repulso at Gibralter when she two. She had previously been as fendant.
formed a unit of the Atlantic Fleet quitted so far as two of the ten stationed there à few years ago. children originally mentioned were Comdr. Stephen King-Hall
The ball-room was tastily decorat- ed in a colour scheme of red, and grounds outside Government House were very prettily illuminat
cd.
The principal guests included Major General J. W, Sandilands, |C.B., C.M.G., D.8.O., Rear-Admiral Dealing with the facts of the .. A. S. Hill,, C.B.E.. Hon. Sir case, his Lordship said that on
Shou-son and Lady Chow, Hon. February 13, 1930, the plaintiffs. C. Gordon. Mackie and Mrs. agreed to sell and defendants Mackie, Sir Robert and Lady Ho agreed to purchase two lots of Tang, Mr. and Mrs. V. M. Gray ladies silk Stockings under: two burn, Hon. Mr. and Mrs. E. R. written contracts. The goods were
Hullifax, Hon. Mr. and Mrs. H. T. sold according to sample. The Creasy, and Mr. W. W. Hornell, first contract provided that the representatives of various Consular
goods should arrive as soon ̧BÀ possible" and the second contract
stipulated for arrival of the goods a fortnight later than those ordered
in the first contract,
Resale to Third Party. On February. 21, the defendants entered into two identical contracts with the Taj Mahal Silk Store for the sub-ale of both lots of goods at the same price plus a commiïssion of five per cent. A representative
bolies were also present.
The band of the Hong Kong Hotel provided a pleasing selection of music during dinner and the
subsequent ball.
KOWLOON MOTOR FATALITY.
CORONER'S INQUEST,
A Chinese who was killed as a
of the gub-purchasers had stated insult of being knocked down by a evidence that he saw samples of the motor-car in Nathan Road, near stockings before he entered into the contracts with the defendants, and on the night of October 23, formed Public Square Street, Yaumati, he expected the goods to arrive the subject of a coroner's inquiry
WAK
concerned.
Outlining his case, Mr. Dronks said that the complainant was Dr. Lam Yue Hee, who was a ship's then serving with the Fleet and Mrs. Fearn had given evidenco, doctor on the 8.8. Seistan and who having tten, his play, tried it denying the alleged neglect. She was also a partner in the Hing Nam oft with the aid of naval afficers atated that she did not call a doctor Shipping Company at Singapore a frients on board H.M.S. Re-in the early stages of measles and and Hong Kong. The defendunt pube. It was such a huge success ringworm because she did not con- was also a partner in that firm and that with the aid of lan Hay the sidor the cases serious, «She did munanges the brauch in Hong Kong, play, wis adppted to its present not notify some of the parents at known as the E Fang Shipping form for production on the-Lon-first because she did not wish to Company at Wing Lok Street. This dor stage, where it met with a sue- worry them unnecessarily, firm was the charterers of the s.s.cess which has classed it na the A woman seated in the woll of Seistan Part of the business of greatest naval comedy since H.M.S. the Court stood up following the the firm was to transport passen-Pinafore.
jury's verdiet, and began to address the Recorder, She was immediate ly told to sit down and keep quiet.
Inspector Cory said that at the Bromley Petty Sessions in January Mrs. Fearn was fined for failure to Pay-National Health Insurance con- tributions. There was no doubt that she had been in serious finan cial difficulties.
gers from Singapore to Hong Kongs Although equally unrecorded, and Various boarding houses in Hongneung, there is nothing novel in Kong, continued Mr. Brooks, made the characters who take part. The it their business to collect passen- rotund Marine Ogg (not Hogg) is gers and to not as agents for ship-bathing if not hutoan and true ping companies, and the passengers life. It is during his middle actually pay their money to the watch that the action takes place. boarding house properties, who | He finds it difficult to make this after deducting their commission strange happenings in the Cap and expenses pay the balance to tain's quarters fit in with his the shipping companies
"fancy" religion and his family
Financial Troubles, ideal, but trus to rig salt and Mr. O'Malley, for the defence, lennade, he is largely instrument-speaking in mitigation, said that,
Incorrect Accounts,
The general nature of the charge
abant three months after the date at the Kowloon Magistracy yester. against the defendant in this cassa in assisting his officers in escap- irrespective of the conviction Mra.
of the contracts. At the end of this day. Mr. H. R. Bulters sat as period the goods had not arrived, and he informed the defendants
that if the goods were not delivered
no evidence that the defendants
Coroner assisted by a jury. p. 1. S. Koch of the Kowloon Medical vitenes given by Dr.
Hospital was
was that he did not correctly. nc- count in his books for the amounts
proprietors. In one trip the amount he received from the boarding house
to the effect that for each passenger paid to him was
ing from their predicament. He Fearn was irretrievably ruined. The almost falls for one of the ladies real accret of the matter was that
actions! himself which may account for his she had got into grave financial dificulties caused by the fact that parents did not pay her fees. She formed the view that she could
The Ladies.
If suceding generations fur:
deceased suffered numerous abra-814, whereas he had entered only ther emancipate the female sex, apply home remedies for the child-
before the end of Jurie he would obtain other goods alsowhere, which was done early in July. There was sions on the scalp, hands, legs, and protested in any way against the is on the left side of the chest. time limit laid down by the sub-is arms and legs were semi- purchasers. No evidence was given paralysed and his spine was frae- as to what was the earliest possible tured. The cause of death was due date of trival in this case.
to hamorrhage and shock.
$10 per head in his books.
let us hope the British Navy may he fortunato in securing the ser vices of ladies like Mary Carlton. This charming young lady during the play-and in the course of one middle watch acts as A good samaritan to her friend Miss Eaton, compromises. a Vice Admiral and becomes engaged to the Captain of the ship.
ren.
ན་
Mrs. Fearn, asked if she hadny- thing to say, replied in lost firm voice, "Nothing at du?
In July, the complainant came to Hong Kong and enquired from the defendant what was the amount he had received for each passenger on that particular trip. The defend-
The Recorder, passing sentence, The driver of the car, a Malayant replied that the nominal charge
aid that she had been convicted employed by the Whiteway Circus,
was $15, but the netual sum he
of having treated six children in a said that while he was driving in received of each passenger was 814,
manner likely to cause them an Nathan Road, deceased suddenly
Being in charge of the branch
necessary suffering.
That offence was a grave one, but across the road. Witness in Hong Kong, it was the duty of
The sounded his horn and deceased the defendant to send accounts to The enid Vice Admiral, whose full it varied in its gravity, tried to retrace his steps.
gentence he Un- the Singapore office showing suns name in Hercules Horbert Hewitt, maximum
Was cm- received on cach trip.
strike terror into the hearts of powered to pass on each count was The accounts for the trip in ques-all. but the elevor Mary Carlton one of two years' imprisonment, and tion duly arrived in Singapore, and and his domineering wife, but cir- had the case been one of inten- showed that the sum of 810 was cumstances and the wiles of women tional brutality he would certainly they were not according to sample manager of the Whileway Circus, received instead of $11, as bad been are too much for him, and he have passed it, and it was possible
The plaintiff knew on July 8 that the goods would arrive on July 10 and gave notice to the defendanta accordingly. The defendants re- mained inactive until August 15, nearly a month later. On that day
the plaintiffs sent a representative with some of the goods and samples for examination, but the goods were not accepted by the defendants as
ran
fortunately the left mudguard struck him on the back. Witness at once applied the brake, and with the assistance of the proprietor and
On August 20 plaintiffs' solicitors who were passengers in the car, wrote to the defendants. On receipt te drove deceased to the Water of this letter the defendants'- man-Police Station; he was afterwards ager saw the plaintiffs and learned taken to the Kowloon Hospital. for the first time that the goods had arrived short in quantity.
In reply to the Coroner, witness stated that he held a temperary licence last May but had not got one at the time of the acident.
Judgment for Defendants, Concluding his findings, his Lord- ship said:-I am not satisfied that the defendants agreed to accept quantity of goods less than they had contracted to buy, and to pay for
He first saw deceased cross the road when the car was about ten feet away.
The two passengers in the car them at the contract rate. There corroborated the driver's evidence. is not sufficient evidence to lond After hearing further evidence, the me to this conclusion. They had jury returned ʼn verdiet of "death already complained that the goods were not according to sample, and
by miaadventure."
I am not prepared to believe that It is understood that the driver they waived this objection at the and proprietor of Whiteway Circus last moment, more particularly as will be charged, the former with they had every reason to believe that their sub-purchasers would not driving a car without a licence and take the goods. I held that the the latter for allowing his car to defendants were entitled to refuse driven by an unlicenced driver.
to take delivery on the ground that
the plaintiffs could not deliver the
full quantity ordered. I give judg
ment for the defendants on the RATS DESTROY RICE OROP. claim with costa
Dealing with the counter-claim,
his Lordship said that the plain- THOUSANDS RAID WAICHOW
tiffs failed to supply the correct quantity of goods ordered) and thus.
FARMS.
stated to the complainant,
Dr. Lam was sent to Hong Kong
to investigate, and checking the figures in the books against the
rightly confesses towards the end he might have sent her to penal
servitude,
.
is
of the plot that he hasn't had
such a night since Jutland." Every character in the play
book of various boarding houses, an important link in a chain of had embezzled the sum of 83,878.56. it was evident that the defendant | amazing incidents.
Booking for the "Middle Watch" Mr. Brooks produced statements opens at Andersons on Saturday and explained how the embezzle- | November 1. There is sure to be a ment was effected. In one case a heavy demand for seats. boarding house proprietor's book showed, in respect of each male passenger, that 813 had been paid to the defendant, who only entered 811 in his books. In respect of ench female passenger, the defend- accounted for 812.80. ant was paid $14.50 but he had only
Witnesses for the prosecution gave evidence after which the caat was adjourned.
THE PARTNERSHIP DISPUTE.
COMPLAINANT CLOSELY QUESTION BY DEFENCE.
THE SWATOW INCIDENT.
ANTI-FRENCH BOYCOTT
(TIGHTENING.
"But I realiae," the Recorder continued, "that there were cir cumstances of a mitigating nature in your case
Not only had your character hitherto been admirable, but I am told you got into financial trouble through no fault of your own because, being a woman of no business instinet, you took up a proposition too great for you.
Parents and Fees,
"That was aggravated by the fact that some parents did not pay their fees and some medical expenses you incurred had come out of your own-packet.
"I also consider that, as regards children who were 'not ill, you ai According to a Chinese Press retended to them well, and their port from Swatow, the Chinese physical and general appearance There have taken steps to boycott were all that could be desired. the French as a result of the in- cident in which a Chinese hotel tour is alleged to have been killed by Annames sailors on board 3 French steamer,
1
The Chinese blame the Fronch Consti for purposely postponing
When one has said everything one can in your favour, the fact re- mains that is an example of child. rea not being properly attended to. "One child died. I am not going to assume you caused that death, but had proper medical attention been called in at the right moment that death might have been avert- ed. The case in which Chan Kwong
The N.S.P.C.C. are to be con Cheung, formerly a partier of the the settlement of the case under Cheung Hing Long Keo firm, since the pretext that the investigation to the attention of the public-and- gratulated on bringing this matter dissolved, is charged with misappro-has been not completed. The anti-it may well be that Parliament will priation of a between February 15 and March 15
B of 340,013 French fooling, it is reported, is consider whether the various local authorities should be armed with. Lindsell yesterday when Mr. F. C. last was again before Mr. R. E. evident anong all classés,
powers to inspect privato schools as E. Rondall, who is for the defence,
A meeting was held by the asthey now inspect public schools.
That is a matter for the alten- the complainant, Leung Wing, & eiga firme on Monday when it was continued his cross-examination of sociation of the employees of for- tion of the Legislature."
The Recorder then passed sen- fellow partner, who had given his decided that Chinese employeca intence of twelve months' imprison- evidence-in-chief, at previous henr- reason of the plaintiffs' failure to Recently, however, thousands of inga. Questions regarding the French commercial houses, private ment in the case of Joyce Budd.. nine months ou another count, and perform their contracts. They wore rats have raided the fields, and inner in which the business as households and the French Catholic six months on each of the remaining nob entitled to recover any more nipped the stalks of the rice. The run as well as the keeping of the Church would strike until the case four counts. The sentences were. than this because the sub-purchonors damage done by them is said to be firms books, were put to witness.
Bettled. It was also
des to be concurrent making twelve. chbrought rezzetim mogedimag en moowwbbay Akakinasında kyydinnataliers Agendar prava zapest przditeur Urmone in mil, mint, considering gainst them. Judgment was given The farmers have taken measures taken up by. Mr. Rondall's cross chants to censo supplying Fronch Mra. Fearn's excellent charactor for the defendants on the counter to destroy them but with little sue examination. Hearing was ad-nationals, and coal merchants are they would be served in the second
journed till 2.10 p.m. to-day. urged' not to buy-Haiphong coal division,
out it out of the power of the do- fendants to call upon their sub
Muck havoc (as been done to the purchasers to take delivery, for they rice crops by swarms of rats in in their turn were not bound to the Waiehow district. Due to the accept a smaller quantity if it did favourable weather conditions, the not suit them to do so.
His Lordship held that the deries orops this year are unusually fendants were entitled to recoverabundant and farmers expected a *5, being the five per cent. com. mission which they have lost by Alentiful harvest.
claim for $82, only and costs.
cess so far,
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