10
LITIGATION OVER WOLFRAM ORE
Wrongful Conversion Alleged Against German Firm
The case in which Messrs, Bodf- ker and Co, are being sued by the Ying Wah Co. of Canton for aueged wrongrat conversion, was conimued before the Chief Justice, Bu Athos MacGregor, at the Su- preme Court yesterday when fur- ther evidence was called for the defence.
Plaintiff's case was that the de-
It appears to have been one of those simple transactions. Why was not a confrmátka in writing sent to Chan Ham-on —It was not necessary..
HE DID AGREE
If you were selling the ore for the benefit of Ying Wah, why did you not ask them
to pay
the
fendants wrongfully converted hair freight? We were going to deduct it from the proceeds, which is our usual custom,
of the wolfram ore stored in their place as security for a loan of $97,- 440, and they took advantage of the property, gambled in exchange, and put the difference in thetr pockets.
+
But I understand that this is the
first time that you have handied a job like his......I put it to you that you did none of the things that a business man would have done, for the very good reason that you had never indúced Chan Ham-on- to agree to the shipments -He did agree.
Mr. Leo D'Amada Jnr, together with Mr. F. C. Jenkin, K.C., in- structed by Mr. J. T. Prior, are ap-. pearing for the defendant COMTM pany, while the plaintiff firm is be ing represented by Mr. Eldon Pot-extract from a passenger list show- ter, K.C., who is instructed by Mr. E. S. C. Brooka.
The defence, in its pleading, con- tended that the conversion 15 made in accordance with an erai
agreement, whereby they had the right to de 50.
Chan
י
Examination by Mr. D'Almada of Plu-sho, clerk of Messrs. Bodiker and Co., was continued which related to the events of January 31 when Chan Ham-on, of the Ying Wuh firm, was alleged i to have ngre to a shipment to Europe of 50 tons of wolfram ore.
Witness said that the next day two cheques, were paid to Ying Wah. Later, Chan Ham-on pro- lested about the opening of some of the bags of ore in Hong Kong.
FURTHER MARGIN ASKED FOR
Counsel produced a copy of an
ing that Mr. Chan Ham-on went
to Shanghai on the morning of February 8.
in re-examination, Mr. D'Almada asked: "Is it possible that this in- terview you spoke of as having taken place after Chinese New tur took place on the 5th and not on the 8th?"
Witness: I think it was on the 6th.
HONG KONG DAILY PRESS, FRIDAY, DECEMBER 6, 1935.
LOCAL FOOTBALL DAVIS CUP ACES
FIXTURE
The allowing are the fixtures for the coming week end:-
SATURDAY Division L
St. Joseph's v. South China. "A"
(N2) Referee, A. C Ward Linesmen: D. W. Ellis and W. Brierley. Chinese Athletic v. H.K.F.C, (CHI)
Referes: H. F. Scrutton; Lines- men: W. Collier and T. Davies. Recreto V. East Lanca" "(KP?) Re- feree: W. P. Payne; Linesmen: J.. Tracey and J. V, Gomes. R.W.F. v. Navy (C2) Referee: R. M. Omar; Lineşren: E. Richard · son and T. Evans, Lincolns v RA “L” (P3) Referee:
D. Kossick; Linesmen: G. E. Goodfellod and H. J. Bland. BA "S" H. K. Police (M2) Re- feree: W. R. Reynolds; Lines-
men: G. Mason and J. Crook.
Division. II.
H.K.F.C. v. Eastern (H1) Referee:
R. Chapman R.W.F. v. Kowloon (12) Referee: A.
T. Jarmalt. R.E. v Lincolns (H2) Referee: W.
0. Twaites.
Division III. " Police "C" v. St. Joseph's (K1) Re-
feree: T. Casson.
R.W.F. v. Lincolns (M1) Referee:
D. T. Smith.
R.A.F. v. Railway (R3) Referee:
F. Huxley.
R.A.M.C. v. R.E. (V2) Referee: &
E. C. Clarke.
SUNDAY
Anyway, you are sure that you R.AS.C. & R.A.O.C. v. Navy (C2)
saw Mr. Chan Ham-on twice, be- tween the 3rd and the 6th?—Yes,
AFTERNOON PROCEEDINGS-
In the afternoon Mr. B. Soltau g:ving evidence said that he was слё export manager of Messrs. Bodiker and Co., and in this ca-
pacity had been with the firm for the past ten years. He had had nothing to do with the making of the agreement on January 30, al- though he Was acquainted that some such agreement had been
Witness agreed that on or about March 4 Mr. Bodiker wrote to Ying Wah asking for a further margin. Chan Ham-on called at the office in consequence of this about Marchformed. 7 and Mr. Bodikeř then typed mus a document, as to the analysts of and weight of the ore.
Referee: K. K. Ip. South China v. East Lancs.. Ray
feree: H. F. Serutton (2 p.m.).
GOVERNOR'S CUP
H.K.F.A. v. H.K.C.A.AF.. Sookun- poo, Referee: E. G. Isley (3.30 p.m.).
Fostponed owing to Camp:- Division II-Radio v. Club de Re-
erelo,
Governor's Cup
The following have been chosen to represent the Hong Kong Kong Football Association against the Hong Kong Chinese Amateur Ath-
Cup game to be played on Bunday December & at Sookunpoo, kick off at 3.30 p.m.,
Witness agreed with Mr. Jenkin that he was responsible for theletic Federation in the Governor's shipment of 50 tons of wolfram. There were two reasons for his de- cision; (1) to obtain a better price for the goods on loan and, (2) to reduce the over draft at the bank, which was placed against the ex-
account:
Mr. Chan Ham-on objected to the word "custody in the docu- ment, saying that, it made it ap- pear that the pre had been sold to Mesara, Bogker, kaki me *Witness debled that Chan Ham-port made a protest when Mn Bediker informed him on March i/tsthat the goods had gone to Europe::.:MÁT, Bodiker, he said then asked Mr. Olan Ham-on how much he want- ed for the goods and was told $80 a pical, which, Mr. Bodiker said, was too high, Chifing, the other partner f Ying Wah saw. Mr. Bodiker several times about the price but wanted $73 for an im- mediate sale, whereas Mr. Bodiker would not offer more than $67,
Mr. Almada suld It was sug--| gested that Chan Harn-on, Cheung and Hon of, Ying. Wah visited Mr. Bodiker on March 20 and said they had brought 341,000 odd to redeem the goods....
Witness said that this was un- true.
CROSS-EXAMINATION
Cross-examined by Mr. Potter, witness said he knew Chan Ham- on and the others. He agreed that this was the first deal with the Yung Wan and although they were asking for a loan of $97,000 be did not make enquiries as to the part- ners of the firm. He thought Chan Ham-on was the master of the firm and did not know, until March 7 or 8 that Cheung was connected
with the deal
Counsel suggested that this was untrue and that if he knew Cheung before, and wel mough to borrow money from him, he would have known of this association before.
Mr. Potter: We are told that it who suggested wa's you
to Mr. Bodiker that 50 tons should be
shipped to Europe? Withess: Yes..
What was the object?-It would then be a spot bargain and would fetch a better prics.
So it was in Chan Hem-on's in- Lerest? Yes, and it would save certain expenses,
G. S. Rodger (H.K.F,C.); L/Cpl. G. Swain (East Lancs.). C. Pile (HK, Police);
h
MENZEL AND HECHT IN DELIGHTFUL TENNIS
DUELS
Yesterday's Exhibition Witnessed By Large Crowd
"MENZEL v. HECHT
Roderick Menzel, the Cacho- rallies, on more than one occasion Slovakian tennis ace, and Hecht beat the Davis Cup men in brilliant his compatriot and Davis Cup fashion. Hecht faltered once in doubles partner, coming straight the two sets, which together with off the ship, gave a delightful ex I the games won by Sirdar Rumjahn hibition of tennis at the Hong | provided the locals with their sole Kong Cricket Club ground. before points. a large and enthusiastic gathering of spectators, among whom were His Excellency, the Officer Ad ministering the Government. Sir Thomas Southorn on arrival at the ground, accompanied by Capt. W J. R. Crazy, A.D.C. was introduced to both the players and at the conclusion of the game, His Ex- cellency shook hands with the visitors and thanked them for the splendid exhibition.
Others present included the Poisne Judge. Justice R. E. Lind- sell, President of the Hong Kong Lawn Tennis Association, the Hon. Mr. M. K. Lo and other off- cials of the Lawn Tennis Associa
tion,"
.."
In all Menzel and Hecht, took part in 58 games, which comprised of the six sets they played in, and
as Menzel said, to one coming as he and his partner did, straight oft the ship, it was too much." Under the circumstances both did
remarkably well although it was
evident towards the end of the day, that Menzel was more affect ed than his partner. His last set in his duel with Hecht, resulting in a win for the latter by a large margin-6 games to one.
Full scores and results being: Hecht and He Ka Lau drew with
Menzel and W. Hung 6-3, 6-8. Menzel and Hecht beat S, A. and
H. D. Kumjahn 6-3, 6-3.. Menzel drew with Hecht 6-4, 1-6. HO KA LAU PLAYS WELL L. G. Robertson (HK.F.C.
The first item сд the pro- L/Cpl. 8. Lawton (East Lancs.), grandme saw Eo Ka Lan partnered The Hong Kong office had raised
A B. Bowera (Royal Navy);
with Hecht against Menzel and the sum of $97,000 which the Can-
B. Gosano (Club de Recreio), Willy Hung. Or the locals Lau ton office required for a loan to
***Fus. E. Harrison (RWF).
was the first to settle down, play Ying Wan and Co. He had write.
"A. B. Cannell (Royal Navy), ing himself in without the slight- ien to the bank regarding the
Cpl. R. Ridley (Capt.) (Lincolna), est sign of nervousness in the overdraft, and had also consulted
B. 1. Bickford (HK.F.C.).
company of such noted players. Mr. Davies, Manager of the bank,
Reserves: Fus, W Rowlands Hung on the other hand netted the next day. At the interview (RWF) G. KIN (AKEC.), L/Cpl. often with the result that Lau and witness did not do anything to cor-H. Stelle (East Lancs.); E. 8: Hecht went into an early lead of rect any apprehension that may Brooks (HK. Folice), Gnr. F. Mor-5 games to one, before meeting arieen in the etter. The ton (A. L"). Fus., R. Evans with any opposition. Menzel then, transaction for which the loan was (R.W.F.); P. O. Baxter (Royal by means of some fine placements require was not mentioned to Mr. Navy), H. C. Ellot (HK.F.C.), and frequent raids to the net. Davies, as witness did not consider L/Cpl. J. W. Higgins (Lincolns), captured two games for his side, that it was necessary. In witress's Strange (H.K.F.C.), Fus. R. Roberts but the effort came too late for opinion the whole matter was a
Lau and Hecht ran out winners by Mr. Jenkin, witness agreed that at "sound transaction." Replying to
é games to three..
this time he knew something of the Ying Wah transaction,
have
On February 2, the bank ad- vanced $88,000, and eventually ten
RWF)
HOME RUGGER
London, Dec 4.-
The next set saw Hung improve and games were taken on service until three all was called. Hung then lost his service wille Lau won, establishing for him and his
partner a two game load. Menzel replied by taking a game with his
days later, witness drew a bill for Two Rugby Union County Chain- 26,256 on Hamburg, which he plonship games were decided to
was the only wayday Hampshire beating the Eas-service, which was coming OVSE considered to deal with the transaction, tern Counties by & points to 5 at strong and fast, but Hecht lost a Не had informed Mr. Davies Ilford, while Middlesex beat Bus-game on service to bring the score of his intention to do so. Re- sex at Isl:worth by 25 points to 5-5. Hung failed with his service ferring to February 2, witness 13.
boarded the s... "Sal On" and in- The Combined Royal Military spected 2,000 bags of wolfram in Academy and Royal Marine Col the company of the owner of the lege beat the Army afteen by 9 roods. The bags were old and un- points to all at Camberley,— At for shipment. He directed that. Beuter. 1,000 bags be remade with new matting, which had been obtained before witness boarded the vessel. one thousand bags were also taken to the godown.
HONG KONG VOLUNTEER DEFENCE CORPS
CORDERS BY LIBUT-COLONEL H. B. L DOWBIGGIN, OBE COMMANDANT, HK, VOLUNTEER, DEFENCE CORPS.J
GENERAL
Corps Annuaİ The Corps Annual ate now available for sale in the Officers' Mess, Sergeants' Mess Canteen and Brewer's Book Shop at 20 cents each
Christmas Cards Christmas Cards are available in the Omcers' Mess, Sergeants mus and Canteen at $4.00 per dozen or 40 cents each
PARADE
|
Corps lit Billay
"A" Section will parade Belcher's Fort on Thursday. De- cember front 6 to 8 pm
Dress-Overalls, Blue Cap, Platform Shoes.
STRENGTH
No. 2503, Gunner D. J. Leonard. 41 Hengky Road, 1st Battery "L" Section. 2.12.35.
No: 2504; Gunner 8. L. Leonard. #1 Hennesy Road, 1st Battery "L" Section 21235.
No. 2505, Gunner J. R. Hunt. 54° Lockhart Road, 1st Battery "L" | Section, 2,1235,
No. 2508, Gunner 8. "M. Casim, 8, Marrison Hill Road, ist Battery "L" Section. 2.12.35.
No 2507, Gunner J. M. X. de Souza Relse Massey & Co., 1st Battery "L" Section. 2.12.35.
No. 2008; unner J. A. Delgado, No. 3. Cheung Ning Street, lat Bat- Guntery "E" Section, 2.12.35.
"L" Section will parade every Friday at Volunteer Headquarters at 5.30 pm, to 6.30 p.m. First parade on Friday December 6,
The piece de résistance of the day's play was supplied by Menzel 1935. and Hecht in opposition to each
other.
Both hit the ball hard and accurately, preferring to indulge in base-line duels which were long and sustained. With slightly less
about, Hecht advanced to a com- effort and much less running
manding lead of 4-1, before Men- zel began to stage a recovery.
By dint of superb placing and more frequent advances to the net. Menzel delighted with powerful drives to both corners of the court, and some deft volleying, which left his opponent invariably on the wrong foot. He won both his ser- vice games and in addition captur- ed Hecht's to run out winner by 6-4, finishing a brilliant rally with a great smash.
W
TIRED BUT GAME Hecht lost the first game of the second set on his service, Sut Men- zei returned the compliment. The latter was visibly tiring and com-
mitted many errors for Hecht to win at will. Menzel falled to cap ture another game, losing on ser- vice, and when the score read 5-1 in favour of Hecht, he allowed the other to "Ace" him twice before conceeding the set 1-8.
TO PLAY IN CHAMPTONSHIP Regarding his
'
Corps Engineers Monday, December 9-Miniature Range 5.30 p.m."
Thursday, December 12-No. 1 Detachment A. A. Training, Well- ington Barracks.
Corps Signals Proceed to Camp on Friday. De- cember 6, 1935 in accordance with instructions already issued.
There will be à parade at Corps Headquarters on Tuesday Decem- ber 10, 1935, at 5.30 pm.
Armoured Car Section Section will proceed to Camp on Saturday, December 7.
Parade at Volunteer Headquar- ters at 7.45 am, sharp.
Dress: Overalls, R.T.C. Cap. Haversack, Waterbottle and re-
volver.
Remainder of uniform must be brought.
M. G. Troop
No. 2500, Gunner A. Hussain, Unton Insurance Co., 1st Battery
Section, 2.12.35.
No. 2510, Gunner J. C. Lee, Max- well Publishing Co., 1st Battery UT"% Section, 2.12.35...
No. 2511, Gunner H H. Tam. Reiss Massey & Co. 1st Battery "*"* Section, 2.12.35.
Princes Terrace 1st Battery "L" No. 2512, Günner J. A. Lau, 10,
Section. 2.12.35
APPOINTMENT—ADJUTANT
Captain R. C. B. Anderson. M.C.. The "Argyll and Sutherland High- Adjutant, H.K.V.D.C. vice Major landers assumed the duiles of
E. J. R. Mitchell, O.B.S. with effect from November 30, 1935,
(Bd.) R. G. B. Anderson, Captain. Acting Adjutant. H.K.V.D. Corpe
AFFILIATED UNITS
Nursing Detachment, HKVD.C. COMMAND
Mrs. J. Durran on return from leave assumed the duties of Com- Friday. 6th instant.
The Troop will go into Camp on mandant with effect from Decem-
ber 2, 1935,
*
No. 1 (M.G.) 'Company Parade at Volunteer Headquar- ters at 5.30 p.m. on Friday, Decem- ber 13, 1935.
LECTURE
The eighth lecture in Home Nursing at P.WD. Offices at 5.36
Miniature
First year men and Recruits, | pm on Monday, December 9, 1935.
Range.
Remainder. Company Meeting and
APPOINTMENT
Menzel said, that they were, pro- or Acting CSM to December 9, future plans,No. 1888, Sergeant J. L. Tetley to
ceeding down to Singapore, from 1935.
whence they will travel to India, No. 2 (Scottish) Company to participate in the All-India Camp. The Company will pro- Championship. The Rumjahn | ceed to Camp on Friday, December cousing bad impressed him, but in 6 1935. Parade at Kowloon Rail- his opinion, they lacked experi-way Station in time to entrain at
The light, peculiar to the 5.10 p.m. Cricket Club ground, had bothered him a Httle, but otherwise the courts were splendid.
ence.
sur-
Dress:-Glengarry, Tunic Klit (no sporran) Khaki Hosetops and Flashes, Short Puttees and Boots, Topee, Bling from left shoulder
ing in Camp.
He greatly admired' the roundings, but he thought that he strap, Greatcoat rolled at back. had had enough tennis for a day.
Shorts will be worn during train- Asked about his plans regarding Wimbledon, he said that, be had every intention of playing there this year, while England, in his opinion, would retain the Davis Cup for another year,
It will be recalled that last year he figured in the quarter-finals be- ing eliminated by Fred Perry beat him once in Paris" smilingly added the Czecho-Slovakian giant.
Thursday. 12.12.35-The Com- pany will parade at Miniature Range at 5.30 p.m. for Mušketry Instruction,
No. 3 (M.G.) Company The Company will proceed to Camp on Friday, December 6 1935. The Dress will be the same as the previous Camp and Rules and Bayonets will also be taken.
There will be no parade on Monday, December 9, 1935.
.
MG.Bn, 81ignal Section Section will proceed to Camp an Friday, December 8, 1935.
Yesterday's exhibition was in every sense of the word, an un- qualified success and it will be a long time before Mentel's gehlal personality will be forgotten in
All ranks are reminded that it is Hong Kong. Both Menzel and essential that flags are carried. Fecht are accompanied by their L/Cpl. Cole and Signaller Soma- wires, who were interested specta-mers will be attached to the Troop. tors
Corps. Infantry
4
XMAS BAZAAR
There will be no parade on Tuesday, December 10, 1935.
APPOINTMENT...
again, while Lau, who delighted with his consistency won, but Menzel retaliated and clinched a game after he had absolutely According to present arrange- The Company will proceed to dominated matters on the other ments, the Davis Cup men will sall Camp on Friday, 6th instant as side of the net, playing against to-day for Eingapore.
per details issued to individuals by Hecht and Lau' single handed.
Corpe Headquarters.· ̈ Hecht lost a vital game and the The other three thousand was to Czecho-Slovakian champion and set ended 8-8 in favour of the he finally replaced at the latest by April 1, and before the wolfram was sold. A loss of $4,920 on the On February 8, witness handed a replacement of 23,200 was shown," bill-of-lading in respect of 1,000 but the loss on the replacement of bags to the Hong Kong Bank, and the balance could not be ascer wrote a letter on the same date. tained and must amount to $10,- The goods were shipped on or 000, because of the continual ap- about February 10. On February propriation of contracts.
If
GOODS SHIPPED
Hung,
*
German Club In Festive Mood
In view of the approaching festive season, the German com- munity of Hong Kong held a very highly successful Badar at the German Club yesterday.
The following
appointments
have been made in the Motor Machine Gun Section with effect from December 5, 1935-
No. 1771, Pte. F. H. Neale to be A/Corporal.
No. 1778, Pte. 8. A. Fowler to be A/L/Corporal
A/L/Corporal.
No. 1794, Pte. H, F. Shields to be
Head Storeman, HKVDC. will arrange for beds and linen, etc.
ENROLMENT
2.12.35. Miss Irene W, Butler, 2.12.35-Miss Consuelo Gardner.
(84) J. DURRAN. Commandant, Nursing Detachment,
H.K.V.D.O.
NOTICE
The following have been ap- pointed to act as Committee for the forthcoming M.G. Battalion Dance.
2nd Lieut. R. M. Wood, Chair-
mąj
CSM. G. E. Dudley, Decorations. CQMS. R. A. Edwards, Secre-
Lary.
L/Opl. C. B. Black Treasurer. There will be a meeting of the above Committee at Volunteer Headquarters at 6 pm, on Friday, December 13, 1935.
Unit Commanders in the M.G. Battalion are invited to send re- presentatives.
Sergeants Mess Committee Representative: No, -3. (M.G.) Company, C.8M, E. J. Porter..
ITALIAN MUSIC
Dante Alighieri Society Concert
Under the auspices of the Dante Alighieri Society a concert of Italian Music under the direc of Professor Guald! will take place in the Rose Room 8th Door mission of the management the Peninsula Hotel by kind per-
Wednesday, December 11
p.m.
Admission only for members of the Society or an invitations by the
A/L/Corporal
No. 1992, Pte. C. Spradberry to be | Committee.
No. 1981, Pte. N. Whitley to be A/L/Corporal...
During this set Menzel was seen at his best, volleying superbly and smashing with great accuracy... He had to go all out to win the set ss he received only moderate sup port from the young KC.C. player. Hecht in the meanwhile, being more adequately supported by Ian, 12 he drew a bit; of exchange for Witness stated that his raised the was taking things far easier, but £8,255-16 on Hamburg, and ne-money required by Ying Wan, but nevertheless bringing of some gotiated that bill on the bank had had nothing to do with the splendid angle-volleys which left which credited him with $38,000 transaction. The can concerned the opposition cold. this had been obtained by appro- his office and the bank. On March VISITORS IN 'PARTNERSHIP And Mr. Bodiker also said that priating eight soniracts which the 9, Ying Wah-repaid $65,000 and 50
After a brief rest and change the only reason was that it would company find had with the bark tons of ore was released to them. of clothing. Menzel and Hecht be better for Chan Ham-on? Yes, in January and February. These Cross-examined by Mr. Potter, were opposed to the undisputed Well, then, why not ship the contracts had been entered into witness said that a letter he re-local doubles champions, defeating whole hundred tons?-I don't said witness, in respect of other cetved from Messrs. Hasting and them 8-3, 6-3, "ED." did not play There were some very excellent "B" Company Corps Infantry, commercial transactions. notably Co., was a surprise to him in some up to his usual standard and dur- goods tastefully laid out for sale, with effect from December 6, 1935. Was it over explained to Chan-wood and other merchandise, respecta as he understood that ing the whole of the 18 games did all of which were of German
SERAVELLE Ham-on how he was going to get If these contracts were not with Ying Wah had agreed to the ship-not win a single game on his ser-manufacture and were certainly No. 1798, AL Corporal E, Simb spendid folowing the Closure of hla money?-No.
the bank, a special contract would ment. Asked why he did not retice. On the other hand "8.4." snapped, up early in the evening. Son, No. 1 (MG) Company return have had to be entered into. ply to the latter, witness said that was brilliant and never played Ter was served during the even-ed from leave from November 14ts head office in Hong Kong, will
Having appropriated the con- it was a matter for Canton to deal better in his career. He served tract, he had had to make an with, and he had got into touch four times during the two sets, and The Bazaar will be open to-day No. 1305, Private J. P. White, No. it is announced. other contract to replace the ori-with Mr. Bodiker.
know.
It was not suggested that be- cause the cargo was being sold in Hamburg for sterling and Chan Ham-on would want payment in dožar that his might have to worry about exchange?—No,"
-ון.
ginál.. On February 16,"three other Folowing further evidence the contracts for £3,200 were made, case was adjourned until to-day.
won on every occasion. While at the net he valleyed strongly and his ground shots, after several long
TRANSFER
The Bazaar, which is in aid of the Winterhilfe Fund, was opened by Frau H. Gipperich, wife of the local German Consul, to the preferred from Reserve of Officers to Lieut. JH Lawrence is trans- sence of a very large gathering.
ing,
1935.
from 11 am till 9 p.m. and will. & Platoon continue again on Saturday, when there will be a dance at the Club.
(Scottish) Com- from leave on EVEN DIE
BANK OF CANTON RESUMING BUSINESS
TAW
Canton, Nov (28) The Canton branch of the Bank or Canton, which recently u
resume business on December 9,
The creditors will be paid 10 per cant cash and 90 per cent in se Curity bonds of the Bank,
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