THE HONGKONG TELEGRAPH
SECOND EXTRA
HONGKONG, TUESDAY, JULY 14, 1914.
FULL COURT OF APPEAL was that all the bronze cannon and
INTERESTING APPEAL CASE
HEARD TO-DAY,
$85,000 at Stake.
cast iron guae in the Kwangtung Province should be disposed of.
mentioned in the agreement, were Certain prices, which were not
arrived at, and there was to be a deposit, which was to be paid by Wong Lan-sun, settled at $200,- 000.
In connection with that deposit, it would be material for their Lordships to note that the agree-
براده
THE EVINRUDE.
A New Departure in Marine
Motors,
A very
In the Evinrude, remarkable marine motor has found its way to Hongkong.
a
iron for the purpose of fulfilling THE TAIKOO MURDER.
that contract.
The plaintifa bad treated the
matter as a liability of Arndt
and Co., altogether irrespective Inquiry Held This Afternoon. of the carrying out of the main agreement the shipment of the bronze and iron. He must confess
At the Police Court this after- that the plaintiffe had boon quite noon, Mr. J. R. Wood held an consistent throughout on the enquiry into the death of the point, but he submitted that it Chinese watchman who, it was
William Henry Morris, a
This morning the Full Court ment was made in Canton with This clever piece of mechanism," put them altogether out of court alleged, was murdered at Taikoo". of Appeal, consisting of Sir the Republican Government and Messrs Garro's, Boerner, can be upon the principle that these Docks on the 4th inst. Decease-1
for which the Ichal agents are when they brought this action Havilland de Sauamarez, pre consequently the deposit was to fitted on to practically any type monies were payable in pursuance was found on a light railway line, sident, Mr. Justice Gompertz, be $200,000 Canton currency of small toat, from a skiff to of the agreement and in the true with a wound in his chest. Chief Justice, and Mr. Justice and not "Hongkong currency-outler-or a sampan, for that course of carrying out the agree Hazeland, Puisne Judge, sat to The agreement, after providing matter.
ment. It was obvious, from the consider the appeal of the defend for the deposit, stated how it was
letters of Mr. Pink and those of Messre. Wilkinson and Grist, that draughtsman at the Dooks, said these suma of money, $50,000 that on Saturday, July 4, he was and $8,000, could not be covered on his way out of the works to by the letter of guaranico.
tiffin, and when walking by the blacksmith's shop he saw a man ran paat
Company, successfully claimed from the defendant, F. P. Marquee, of Macao, the sum of
or Company is over 60,000 por
annum.
.
coneant.
H. M. S. Triumph,
Arrived from Shanghai, Sir Havilland and Lady de Sanemarez, who arrived from The oil tank holds, roughly, Shanghai on the French mail, are about 1.1-2 gallons, and is sup- the gusals of Mr. H.G. Stephen, plied with ordinary petrol with at The Cliffa." the addition of a little lubricat
"the
The
man
another
t Dr. Mononny, in the course of
body of the decossed at the mortuary on. the morning of the 5th. Deceased wae identified on the 6th. by three persons. He found on the doceased three wounds. The first wound was on the chest, on the left side of the broast, going an inch and a half towards the contre. It was clean out and deep. I went through the lang and uasily entered the heart. The wound was caused by a sharp pointed instrument, fairly flat, and probably sharp at both edges. This was the fatal wound. The
ant in the case of the Great to be paid-in three instal- This morning we had an of Western Smelting and Refining ments: $70,000, $30,000, and portunity of testing one of there Co. v. F. P. Marques of Macao. $100,000, The contract maabines, during a run round In the original "action the was for the purchase of the harbour, and, the moment we plaintiffs, the Great Eastern 40,000 tons of cast iron and were ander way it became evident. Soibiting und Refining 1,000 tons of bronze cannon. that, from the point of view of As an alternative to the main rna out. The man
Wong Lan-sun assigned his the tourist, the sportsman and the arguments with which counsel witness and he was being chased right to Messrs. Arndt and Co.who, explorer-to say nothing of the had addressed their Lordships, by the deceased. $85,452, being the balance due consequently, had to find the business man whore affairs bind he also submitted that the agres disappeared through
him to scok the quickest modement for the sale of bronze and door in the shed deposit of $200,CC). The next
And the under a guarantee for the pay document of importance was the of transit the Eviarade is hard iran never properly came to an decessed 'ment of $200,000 given by the
collapsed on "the be end. It was brought to an end railway line. dofendant that Messrs. Arndt & agreement between the plaintiffs to beat. Nothing could
Two Europeans and Arndt and Co. which led up fixed to the engine by means of appellant was never naked to and they saw there was something simpler. Adjustable cramps are by an agreement to which the were walking up bobind witness Co., al Hongkong, would repay a loan to this amount.
to the guarantee. This document The defendant asked that recited the agreement between which it can be fastened to the
wrong. Blood was oozing from stern-board of any type of small,
the body of deceased. Witness the judgment of the Chief Justice, Wong Lan-sun and the Kwong-
The case was proceeding as we did not have much chance of see- Sir W. Rees Davies, K. C., might tung Government and went on to craft; the magneto is concealed
ing the man whom decended was be reversed, that judgment be recite the agreement between the within the wheel itself, and steer went to press.
gear, motive power and entered for the defendant, and former and Arndt and Co. to selling
chasing.. He would not be able. to recognise him; to him the that the costs of the appeal and them bronze and iron cannon for everything else are included in
Chinese were so very much alike. of the hearing in the Court below, prices "hereinafter mentioned." this small concern which, at the be paid by the plaintiffa.
Witness had been in the Colony Clause 10 of this agreement was most, does not exceed fifty pounde
twelve months. The Hon. Mr. H. E. Policek, vory important indeed:-The in weight, K. C., with whom WAB Mr. F. C. said company (the plaintiffs)aball Thia invention, which is Jenkin, instructed by Mr. Les pay to the said firm (Arndt and American, has now been on the H. M, S. Triumph isa. his evidence, said he first D'Almada & Castro, appeared for Co.) the sum of $200,000 Hong-market some five years, and, dur- the appellant, and Mr. E. H. kong currency, of which $70,000 ing that time, hue gradually bean present in the naval dry-dockaw Sharpe, A., with whom was shall be paid on or before August Indeed the present output of the shall be paid forthwith, $30,000 creeping into universal favour. Mr. Eldon Potter, instructed by Mr. Beavis, of Mesare. Wilkinson 3, 1912, and $100,000 on
before August 10, 1012, and Grist, for the respondents.
Mr. Pollock informed their which said sum of $200,000 shall be deducted from the said Lordships that ho proposed to
purobase price between the argue the cas3 upon one issup only practically. Had the plain-Buid firm and, the said Company tiffs, who were the respondents on each shipment of bronze and in the appeal, proved that the cast iron, at a rate of 25 per cent. ing oil which panetrates defendant was liable to pay any there be any balance in the hands keeps everything
of the invoice amount, and should all parts of the mechanism and in going thing under his contract of guarantee? They submitted that of the said firm after the comple-order. The motor will propel Consignees notice regarding tho answer to the question must be tion of the said agreement, and the ordinary row-boat more the Katori Mara is issued. in the negative, and if their Lord-after payment of the last abipment quickly than the average 5 H.P. Page 5. ships wong with him on that point of the said bronze and said cast gesoline launch, and no small nice two roomed flat is second wound was on the right it would be unnecessary for him iron, the same shall be returned advantage this the space cc advertised to let Page 5. arm, midway between the shoulder. to go farther than that. That to the ssid company by the said cupied by the machinery has not
No. 5, Ormeby Terrace, Kow- and the elbow on
the outer firm forthwith,
to be taken into calculation, as loon, is to let.-Page 5.
side, and was three-quarters of was to say, it would be unneces- Clause 10 was a most important practically all of it is over the eary for the court to decide in any one because it would be seen from stern of the boat. A speed of by auction an the 18th. icet, a was presumably a stab one. The Mr. G. P. Lammert is selling an inch in length. The wound way the numerous special de- fences which were raised in the it that the $200,000 was to be paid six knots an "hour can portion of the Book-in-trade of a second wound was probably caus statement of defence or the points over to the firm with a special easily be maintained.
well known tailor shop,-Pago 5. od by the same instrument as the first wound. The third wound in reply which were pleaded by agrement as to the repayment
To firms doing basiness. in the the plaintiff in answer to those and as to the method in which Harbour and up the Canton
was on the right wrist, about two and a quarter inches in length, such repayment was to be made.
They submitted that under the River, such an invention will indeed prove a boon; while
The Bijou Theatre is showing and was superficial; it was more agreement, the sum of $200,000 to planters in countries like an exceptionally good programme in the nature of a cut than a was not what one might call a
the F.M.S. and Borneo,
just now. In addition to the stab. There were no other marks loan by the plaintiffs to the firm who have hitherto had Pathe Gazette, which always of injury, and the cause of death to any particular course of pro-in the ordinary sense of the term choose between running up and claims attention, the Bijoa has was haemorrhage from the lung ing any particular course, bat beat ali. It was a sum of money down river in a native prahu or screened a
series of Pathe and heart. A man might possibly paid over by the plaintiffs to thought, when he had gone n
ordering on elaborate and expen-cartoons-lightning artiest work, run fifty or sixty yarde after ro short way with the caes, their Arndt and Company for the pursive motor boat out from Home, exceedingly clever and full of live ceiving the first wound, Lordships would see that the pose of being used as a deposit the Evinrude should prove a interest. The ever-popular Willos could not say whether death
with the Kwangtang Government appellant's case was so strong upon the issue, in regard to which and there was a proviso in Clause, positive god-sand. the burden rested upon the rea 10, not that that $200,000 should pondents, that, the appetant be repayable promptly or at any near future date, but only when
special defences. Of course, he was not naturally asking either their Lordships or his learned friends on the other side to agent
cedure or to asseat to his adopt-
to
'to
himself nor the Paisae Judge and any clear ides of the history
of the cage.
must succeed, and if that were so the agreement was completed and the special defences and the pleas if there was any balance remain. in reply could be swept on one side altogether, and it would ing due to the plaintiffs, Arndt follow that judgment would be and Co. would repay it.
Counsel explained that the ap entored for the appellant without
Mr. Pollock submitted, in reply, those other matters being gone pellant guaranteed Aradi and Co.
in the amount, but the payment that if he could show "that the of $200,000 Hongkong currency appellant was not liable for either As their Lordships were no was due to fraud on the part of of the same mentioned, he was doubt aware, the plaintiffs were Arndt who represented to Mr. not liable for any other sum suing upon a contract of guar- Pink, the plaintiff's representa- whatever. antee and the amount for which they were suing was, in round five, that what was required figurer, $85,000. The circum- was $200,000 Hongkong our-
into at all.
Latest Advertisements;
Bijou Theatre.
'י
He..
figures in a delightfully funny was speedy or not, because people film entitled, "Wifles tricke the had been known to live twenty- Detective", and this is followed four hours after such an injury. by a long three-part picture, "The Curso of War," wherein Dr..G, D. R. Black said he was the type of warfare to be looked called to the docks about naon for in the immediate intare, now on the day in question. He its own, is startlingly portrayed. railway line lying on his back. that the aeroplane is coming to found the deceased alongside the
Useful Innovation.
On the back of the daily weather report circulated by the Royal Observatory, Kowloon, there appears a diagram showing Continuing, after tiffin, Mr. the track of the typhoon. This stances which led up to the giving rency whereas $200,000 Canton Pollock submitted that, on the is an innovation which should be of the guarantee were as follow: currency was required. Aradt true construction of the deed of much appreciated. A Chinese named Wong Lan-aun, never applied the difference guarantee, the document was
in
Khyber's Cargo,
He enumerated the wounds lie- saw, which compared with those mentioned by Dr. McKenny. The deceased was lying unconscious, He died a minute after witness arrived. He was unable to do anything for the deceased. He left the body exactly as it was found, for inspection by the police.
A Chinese witness said he saw the deceased fall, but he did not Boo the other man."
apparently at the suggestion of
exchange some $38,000 guarantee of a contingent to arise. in the gears. Aradt and Co., under a Hongkong currency-for the liability
Sergeant Angus said if witness future and it conld. not; approached the purposes of the agreement.
saw the deceased fall he must guarantee,
There was a further sum in upon its true construction, The cargo shipped from Hong- have seen the other man, because Kwang Government with
the same category as the $38,000, cover money in regard to which kong by the P. and O. steamer the latter passed by where the regard to speculation in bronze and that was a sum of $50,000. Arndt and Co. had become liable Khyber, on the 8th. inst. included witness was lying; if witness was and iron. 18 ides was that a
It was withdrawn from the deposit to the plaintiffs prior to the date 20 rolls of mats for Amsterdam; awake he must have seen him. contract should be formed between with the Canton Government of the guarantee. The position 25 bales of human hair for Hull; The witness and several others had Wong Lan-san, who was trading before the guarantee agreement was that the $50,000 was a 50 bales of waste silk, 90 boxes of been reluctant in giving evidence. under the style of Man Bang was entered into,
lability and treated, as such, tea, 303 rolls of mats and matting.
Bud
Co, and who was living at Canton, The President remarked that, altogether independent of the 853 packages of firecrackers, 224 The finding was that the death and the Republican Government for the last two hours, consol carrying out of the contract by bags of metal ore and 165 cases of the deceased was caused by s at Kwangtung, to purchase had been addressing them in Arndt and Co. and independent of chinaware for London; and 100 stab wound received from the bronze and cast iron cannon. It was clear, that what was meant respect of these gums, but neither of the shipment of bronze and bales of waste silk for Marseilles. person who has not been identified.