CASE AGAINST MR. L. E. S. HODGE
Proceedings Stop Abruptly
COMPLAINANT SHARPLY
REBUKED
+
PIECE GOODS DISPUTE
Breach Of Contract Alleged
Messrs. David Sassoon & Co., were plaintiffs in a case before the Chief Justice yesterday in which claim of 81,910.78 was made against the Yan On piece goods merchants.
Plaintiffs claimed for breach of "You must not use this cheap contract in respect of five contracts court to extract your civil claims inade in 1031. The goods, they I won't have it. You should go alleged, were shipped and delivered, to the Supreme Court." These
but defendants held that some of remarks were made by Mr." Wynne
of inferior quality. them were Jones to Mr. Henry Graye, manag- ing director of the Concrete Pro Plaintiffs agreed to make an allow- ducts. "Ltd. at Central Magistracyunce of 2 per cent, 3 per cent and yesterday when the case brought by Mr. Graye against Mr. L. E. S. Hodge. Transport Company for obtaining $45 by alleged false pretences from his firm was dismissed.
Union manager of the
Mr. Hodge was alleged to have obtained the money from the com- plainants by purporting that he had affected repairs to a fun belonging to them. According to the complainants, no such repairs were carried out.
per cent in some cases but the Yan On Firm failed to take deli-
very.
The total contract price (alter making the allowances) was 94,173 in addition to which there was also due the sum of $314.63 in respect of commission and interest. In January this year the goods were sold by plaintiffs at a public action and they fetched 82.655.00 but they suffered a loss of 91,010 the difference betweeen the contract price, and the pries" obtained.
Me H. Sheldon, instructed by Messrs. Deacons appeared for claimant and Mr. D. MeNeill in- The case came to an abrupt end-run by Messrs. Wilkinson and ing after Mr. Graye had given "part of his evidence to the effect that the junk, was handed to the
Mr. M. A. da Silva appeared for the defence.
defendant after the money had
been given to him.
Mr. Graye told the Court that he knew the defendant as a trans- port contractor. He was introduce ed to him by Mr. Hall Brutton who asked him to finance defendant's
:
Mr. Sheldon adinitted in his opening that the goods did not ar rive to time and said that notice to this effect was given to defendants, The Manchester office had intimated that strike conditions would delay the delivery.
HONG KONG DAILY PRESS, WEDNESDAY, SEPTEMBER 6, 1933
TWO ACRES AND A COW
REV. E. L. ALLEN'S ADDRESS TO
ROTARY CLUB
Problems Of The Eastern Agriculturist
The Rev. E. L. Allen, speaking at the Rotary Club yesterday, gave his audience an extremely interesting picture of the life and problems of the farmer and agri- culturist of to-day.
"Mr. T. B. Wilson presided over the meeting and wel. comed back Sir William Hornell and Professor Gerrard who had been away on holiday.
2.
I put it that the country is the place you go through to get to the bathing beach and the golf-course!
Mr. R. T. Barrett in thanking the speaker on behalf of the Rotary Club said: that in England the small hokhing's founded after the war to satisfy the land hunger" of at-servicemen, did not pay, despite the help of the authorities and local farmers.
The average farmer and villager was a fine person and he hoped that by the application of science-by cheap electrical power, and by that enlivening instrument the wireless- rurat life would become, the world over, a little nearer the Arcadia of which people dreamed.
Sir William Hornell on England's New Spirit.
At the invitation of the Chair- man, Sir William Hornell, addres sed the Club. He thanked them for the welcome they had extended him. On returning to Hongkong he found a very large pile of papers await-.
were the Bullotin of the Hongkong ing him and among those papers Rotary Club, which were the first papers to which he devoted his at- tention.
The Rev. E. L. Allen said:-Once, deference to the somewhat different upon a time, during the War, a opinions which her militarists and battalion of British infantry was her politicians appear to entertain, or less is at bottom one of bringing a de ordered out of its more comfortable billets by night for the cent, ordered, growing human life I am speaking to an audience in Purpose of digging cable trenches to multitudes of villages, was allotted to him by pacing, and which, I imagine, business men are behind the line. Each man's task the link of pick against stone and in the majority. Let me approach the dull thud of enrth cast off from this from the business point of view.
Sir William,, congratulated the the spade announced that work had You have heard, I suppose, that Club most heartily on the selection begun. After that, everything pro within a few weeks a consignment of of their President and officers. He really veedad according to plan. The off- aae million packets of chewing-gun thought the Club was now cers -reti red into N shellhole from England will be arriving in settling down and that there had
smoke to
N.C.Os walk China, handled first, presumably in been great improvements, -
On his way Home on the "Conte and down the
a valiant effort on the part of Bri. Verdi" there were fine Hong Kong. It looks rather like
number of tish industry to provide Mr. Bern- Rotarians on board and they had ard Shaw with a fulfilment of his held a Rotary meeting: (Cheers) Sir prophecy that it would one day William said that he was very busy restore prosperity to the country by in London and had no time to visit supplying the world with Christmas the London Rotary Club, though, crackers and chocolate creams! A he received an invitation from them writer in the Manchester Guardian has been impelled to postry by the event. He sings of the happy day when
and
ist, was for defendant. "Mr. MeNeill said "he wished to renew in the sour an application which had been adjourned by the of workers, making those uncharita Chief Justice in Chambers, for the remarks which are the privilege penalty provided for in the Code of their rank. When one of these of Civil Procedure in the case of ahad just gone by, a certain private writ of attachment being applied for soldier. Paused, made a rapid cal on insufficient grounds.
culation of the area in Northern France he had dug up since his transport business. Since his arm had a considerable amount of
service began, and registered the transportation work, he entered
vow that, if he came out of that into negotiations with Mr. Hodge
lot alive', he would never, never by which it was arranged that Mr.
Well, he came out alive, and he thrust a spade into the earth again Hodge would do the work for him.
kept that vow as strictly as a man So far as the question of inferi-might hope to keep it, just as he "It was part of our arrange- ment," said Mr. Graye. "that wearity was concerned, there was kept that other vow never to touch agreed to sell" to Mr. Hodge junk long correspondence between plain-bully beef again. But having ceas which we owned. This junk was tiffs and the Chinese Piece Goods to dig himself, he conceived an Guild and an arrangement was Mr. Hodge, to do certain repairs eventually formed. However, defen. intense admiration for those who went on doing it for a livelihood. to it. Mr. Hodge undertook to dants now said that the Guild was And so, when that same private was asked to speak one day to the not acting for
soldier in a very different capacity, Rotary Club of Hong Kong, a mis- chievous impulse within him sug-
not in a good condition, and we agreed, before turning it over to
affect these repairs, and on two fences were the late arrival of the
them. Other de
occasions obtained sums of money from us for this work. I had no goods, the inferior quality, and a reason to doubt the statement and "delivery, in instalmenta" paid this money-$45-to him on July 22. He took possession OI the junk from our yard on the 23rd or 24th stating that he was taking it to the slipway, and that was the last I heard of it until the 29th when I was having other
Mr. Sheldon said that there was no doubt the defendants huid ac- cepted the goods, and, under the terms of the contract, that had not the right of rejection. They should have gone to arbitration.
Wong Hok-chi, compradors to
gested as the subject Two "Acres and a Cow"!
A
He
"World over, from nation to
nation,
All jaws will be joyful but
dumb, Linked fast in the firm masti-
`cation of gum,':
"
dreams of the day When man will grow calm and
contended
And the civilised life will be
come
Salved, sheltered, secured, and
cemented
By gum
The problem of the villages is at once psychological and economic, so that it needs to be tackled by edu | cation and co-operation at the saMA time. Perhaps the best thing I can do is to be concrete and parti-
n
to meet them on August 23 to dis cuss with them "Rotary in the
London until August 23.. East," but he could not wait in
He noticed that there was a new spirit of hope in England, that class distinctions were wearing down and that young men from Oxford were serving in shops and appeared to be quite contented. Young women too were working everywhere and. people seemed to have given up grumbling. There was น distines spirit of hope and confidence in England, and the Rotary Club of Hongkong was carrying out that spirit into activity.
GOLF
business with Mr. Hodze. He men- plaintiffs, in the course of his evi. peoples, and it caune round to that cular and give some instances of Summer Meeting At
tioned the fact that the typhoon signal was up, that the junk was
dence said there was no suggestion during the negotiations with the were not acting for defendants." adjourned until to-day.
not on the slipway and that he Guild that they The hearing was steppes and the desert to the arable out of the Russian book and passed:
would not be responsible for what might happen to it. I then took my Chinese superintendent and went out to look for the junk and found it completely water-
gged in Lalchikok Bay......"
Mr. Wynne-Jones: I am afraid that whole case is gone. You didn't hand over the junk until after, you paid the money. I think
H.M.S. CORNWALL ARRIVES
- -
you better stand down, Mr. Graye. Leaving For Home On Friday teenth century, of course, and it
Mr. Graye: Can't I explain? Mr. Wynne-Jones: No. You have been
wasting the time of the
**
Happy Valley
J. MacLaren
There were 37 entries.
.74÷77-151
..76+77-153
..77+82-159
..80+83=183
.86+81-137
8088-168 ..85+04-16) ..85+84-160
Spoons for the best morning and alternoon rounds under handicap were won by J. B. Dykes 80-13-57 and G. T. May 66717,571.
Captain's Cup September quali- fed round:-
J. 8. Dykes 80-13-67 and G. H. Bond 84-17-67 tie and will play
The Attraction Of The Cities History, as we know, has a trick of repeating itself. It began with mass-movements on the part of the again in the nineteenth century. what is being done. Most of them The difference was that in the first are from India. The Madras Legis- case the movement was from thelative Council has just taken a leaf land, and in the second case from, a "bill establishing # station for The Championship competition the arable land to the cities. The village broad-casting. In Russia, of at Happy Valley resulted as fol- drift towards the cities is proceed-course, loud-speakers have been in lows: ing apace in Russia, it has probably stalled in the villages, and talks are
O.E. C. Marton (wins)...73+73=146 not yet ceased in Japan, and one given on such subjects ns Hygiene F. T. Hunter (second)...75+73145 shudders to think of the terrifying and child welfare. I should imagine A. E. Lissaman... proportions it may one day assume that not a little propaganda is L. R. Andrews... in India and China. The attraction slipped in between these edifying K. 6. Robertson
A. McKella of the city is older than the nine- discourses! The Madras scheme is
intended to be self-supporting, each A. R. Selby has its roots deep in human nature, village to have a listening set when J. S. Dykes .... as witness the story of Dick Whit-it can raise R 125 per annum. H.M.S. Cornwall arrived in Har- tington and his cat! But it was Another project recently adopted R Young Court. The facts stated on the bour yesterday and took up her machine-industry which played the by the Madras Government is that charge sheet are not true because moorings at No. 3 Buoy..
part of the Pied Piper of Hamlin of grouping together a hundred vil- he (the defendant) could not take
She ran into a typhoon on and drew the children of the villages with the intention of making model community possession of the junk. It was in Saturday morning and was conse- lages to the towns, there to on engulf out of them your possession until after you quently delayed. She will leave them only too often in sweated a from which the rest of India may paid the money. He didn't get for England for re-atting and re-bour or unemployment.
learu: rural experts are to be in the money from you by saying that commissioning it 6 a.in. on Fri-
These folk who came into the charge, but the changes are to come he had affected repairs to the day.
sities brought problems with them. from within the community itself. junk, but that he would affect re-
But they left others behind them in Is it too much to hope that we shall pairs in the future. It is perfect- ly fair that he should say 'I shall
the villages, and it is of these I one day see something of the kind want to speak. One of the most in the New Territories? want this money for the repairs!
notable changes in the last ten years in Japan, found itself in need of a In 1928 the village of Kawaidani, has been in the attitude of govern- ments and voluntary organisations, primary school. The village council towards the rural population. A decided that its resources could run Dow sense of responsibility is astir to education or to anke, but not Among us. Every week the press of to both. So a five-year period of
.81+15=-80 India reports. some
fresh official voluntary prohibition, was decided J, H.Mayhew (first)...... venture in the field of rural work, 90, to commence with April 1st. of GH Bond (second, last
nine holes 40-81)... 84-17=87 or some move on the part of the that year. The self-made Tegu Other Scdres:—
the letter, educated classes to help their less lations were kept to
1::6. Dykes (last nine Fitted On Police Station Mast privileged fellows in the country and at the end of the time, the vil
holes, 40-01) side. Perhaps the most valuable lage not only found itself in posses chapter in Re-thinking Missions, sion of a school costing Y42,000, but Harrop the report of the American Lay with its sickness-roll cut in half, Electrical signal. lamps for use at night as typhoon warnings have men's Cominission which touched at its savings increased, 3 new houses been fitted on the sigual mast on Hong Kong early last year, is the erected and 18 rebuilt! The people the highest point of the hill over- one which bears the title Agricul decided they bad enjoyed the experi looking the Police Station at Abertural Missions? In our own Colony ment so much that they would con- we have such efforts as that of the tinue it for another five years, and New Territories Agricultural So- the Japanese government has made Hitherto Aberdeen has only eiety and various types of medical its success widely known, with a possessed the ordinary daylight work. But the fact that so much is view to encouraging other villages code-signals and the new electrical being done is an argument for at to follow this example addition should prove a boon to tempting more, for in hardly any the fisher-folk.
part of the world have the villages boen counted worthy of more than fraction of the thought which bestowed on the cities,
Defendant discharged.
Mr. Wynne-Jones then made the remarka stated above.
WARNING TO BATHERS
SHARKS SEEN.
..
We have been informed by a plenic party that while passing near. Clear Water Bay in a yacht on Monday, two sharks from 9 to 12 feet long were seen.
TRAFFIC CASES
Five Europeans Fined
Several mare Europeans appeared before Mr. Schofield at Central Magistracy.yesterday for traffic
offences
The Cornwall while entering Beal Harbour sustained the loss of her seaplane. a sudden- gust of
overboard.
wind dislodging it and sending it
"NIGHT SIGNALS AT
ABERDEEN
deen
POLICE RAID GAMING HOUSE
Mr. R. A. Carron, of No. 13, Bowen Road, was fined $10 for disobeying a traffic signal at the Five Men Arrested For Con- Junction of Arbuthnot and Caine Roads Mr L. R. Cramer of 9, Tregunther Manalons, was fined the same amount for a similar offence and 85 for having no ap- propriate license disc..
ducting Lottery
Why Hong Kong Bhould be Interested.
.
off
Other scores: J. Harrop 86-17-67 and W. L. Alexander 87-17-70.
There were 29 entries Junior Section Competition:---- Cancelled owing to insufficient entries:----
Medal Fool.
J
-
G. W Greene
W. L. Alexander”. There were 77 entries.
1
.80-13-61 ,79-11-68 .85-17-69 .87-17-70
“... FANLING. GOLF.
Forey Fool 2nd-4th W. H. E. Rigg (16). C.-Austin (14). 3.up, divide.
29 entries..
September.
Perhaps my title Two Acres and a Cow' suggested a sentimental modern Frong stan of treatinent. I have tried to avoid It is learned that the Commis- anything of the kind. I do not be aloner of Immigration for Canada lieve that the rural population is has written to the authorities of morally superior to the urban, I the YMCA thanking the associa- know that scarcely anything is more tion. for assisting a young Cana- deadening than the grind of farm dian university graduate who some It may be said, of course, that to work from dawn to dusk, and I can time ago passed, through the co- talk about the rural problem in detect nothing more ennobling in lony The letter states that the Hong Kong is beside the point: we feeding pigs than in feeding ma- young man from Canada "spoke are and shall remain a city communi- chines. But I do want to put in a highly of everybody with whom he ty, with the agricultural areas ac plea for a right estimation of the came into contact, and it made counting for less than 10 per cent of human worth of the folk who live, his visit more agreeable and plea- the population. I think there are two here and elsewhere, by the land. sant." Following a police raid on 323, answers to that objection The Do not think, said the representa Queen's Road Central Ave men first is the obvious one that buman tive of one of the Central European Lau Ting H coolfe, charged were arrested by the Police on a Lieut. J. C. Richardson, 8.W.3,
need is not altered by working out countries et a World Conference, before Mr. Schofield, at the Cef- Megara. C. Douglas, H. F. charge of keeping a common gama sum in proportions: the story of not think that my people will tral Magistracy yesterday with the Phillips and H. Sling, were fined 85 ing house and with possession of the one lost sheep out of a hundred always be content with the dirty larceny of a thermometer from
553, po plu' tickets.
comes nearer to the truth than that! business of agriculture' It is that the Lyeemuth Barracks, the pró, Four of these men appeared be- In the second case, we cannot for signs we must somehow remove. Derty at R, Wickeris, 12th Heavy fore Mr. Wynne-Jones yesterday get that our next neighbour is a Bus if we are to do that, may I Battery Pan was bound over in and were fined $75 each. The fifth huge country with the major part suggest that there is another false $50 to be of good behaviour for man, who failed to appear in Court of its people bound to the soil: notion which needs equally to be one year, and warned to keep away had his ball of $350 estreated. And the problem of China, with all swept away. It is that how shall from the Barracks.
H
each on the same count..
-Two Chinese lorry drivers, Chan Kam: Shing and Lau Shing were Aned $20 each for speeding along Hennessy Road and Connaught Road respectively.
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