BRIEF SHANGHAI EXCITEMENT.
CHINESE TROOPS ASSAULT FRENCHMAN.
THE HONGKONG TELEGRAPH
O.S.K. LEASE CASE.
JUDGMENT THIS MORNING.
His Lordship Mr. Justice J. K. Wood gave judgment this morning In the case in which the Osaka A THREATENING ATTITUDE. Shosen Kalsha were sued by Lam Kau-mow and Chan Tong In re- Shanghai, Juno 2-A French. officer, Inspector Valentin, yester-spect of a lease of premises known
protest was made to General Yang claim for $1,012.50, Hu but to no avail, the Nationalist General claiming that he had no control over the troops involved in the incident.
L
on which
issue he found for the plaintiffs.
The plaintiffs alleged the pre- mises were loused to the O.S.K. on
NATIONALIST TROOPS AT SHAOWU.
PREPARATIONS TO INVADE KLANGSI.
ANTI-JAPANESE AGITATION. Shaowu, Fu, May 16 This
normal.
Our first inkling of a split within
TUESDAY, JUNE
HEROIC RUSSIAN CONSTABLE.
A SHANGHAI SHOOTING
AFFRAY.
It is with very much regret; any the N. C. Daily News, that we have to announce the death, which
1927
MORTGAGE CASE.
(Continued from Page 1.)
So far therefore as they claimed a declaration that the contract was at all times null and vold under the Common Law, it must, in His Lordship's opinion, fail.
In England the contract would
that the contract was one voidable by the plaintiffs, and that there existed a consider able doubt whether in that case the court in the exorcise of its discretion would grant a declara- tion that at the date of the pre- sent writ it was in fact null and vald. In his view the court would righly refuse to grant a declara- tion.
day was recovering from a wound as Nos. 18, 185, 186 and 18c Mac. whole distrfet on the upper. Min took place at the Shanghai Generalbe void by: Statute under the Inflicted by a Nationalfat soldier Donnell Read, in which he gave River has been cut off for some Hospital on Tuesday afternoon provisions of the Infants Re- it was not rendered void by of the 22nd Division, following a dispute between the officer and the judgment for the defendants on wecks from the outside world due shortly after two o'clock, of Mr. lief Act, but in this colony soldier on Tuesday morning. A fall claima with the exception of a to a strike of post-office employees. Nikolai Aleksandrovitch Kliukin any ordinance. He would as-
However mail is coming through (Kluken), constable No. 286, in sume again with service practically the employ of the Shanghai
Municipal Police."
Death came as a sequel to the August 16th. 1918, for a term of the Nationalist forces came when three bullet wounds received by six years, with the option of an two regiments of soldiers arrived the deceased whilst he was giving aditional four years. They claim-without warning from Klaugai. ed that the option had been ex-They said they had been at Nan- chase to a gang of six Chinese ercised, but this was denied by the chang which was controlled by armed robbers in an alloyway off defendants, who said the lease the Reds. They had decided to who was on French territory, was signed by a former Hongkong support Chiang Kai-shek and the Sinza-Road on the night of May 27. moderate wing and had tried to When the brave constable, was rejoin him at Nanking by going admitted to hospital after he had directly across northern Klangsi or to the Yangtze and then by been brought down, he was in a boat. The radicals who were in very weak condition and suffered control of those districts had re-from considerable loss of blood. fused them permission to go that
According to reports obtained yesterday, the French officer, on duty on the French side of the Small East Gate on Rue Chusan, requested a Nationallet soldier move to the opposite side of the street into Chinese territory, The efforts of the French officer to porsunde the soldier to move were fruitless, the latter becoming
abusive."
Several other Nationalist soldi- ers rallied around "the Inspector.
manager personally and his signa- ture was not binding on the firm, Mr. Eldon Potter, K.C., together with Mr. F. C. Jenkin, were for the plaintiffs, and Mr. H. G. Sheldon defended,
the doctors
Contracts of Infants."
The mattor did not end there. Voidable contracts of an infant of two kinds. Firstly! were those that become valid, 1.6, of perfect obligation on both sides, and those which remain invalid. until confirmed on majority by the infant.
His Lordship said the lease was' who stood his ground and was signed by Mr. K. Yamasaki, with way and as their numbers were His condition became aggravated
coma this route south and east polsoning, and 80
The fundamental principle Assaulted by the soldiers with the the words, "Manager ofthe Osaka too few to give battle, they had with the first signs of blood
the maxim butts of their rifles sustaining a Shosen Kaisha," but those words from Nanchang, to escape from wound in the left leg. The dis- seemed to him to be merely des- the province. They were without found that it was imperative to which applied was pute between the officer and the criptive. The language of the insignia and would not disclose amputate the right leg, into which "He who seeks equity must do tor must make restitution to "the soldiers created considerable ex-document was plain an unambi what division they originally be a bullet had penetrated, and the equity." The fraudulent contrac-
operation was accordingly per-
prejudiced through hist citement in the neighbourhood and guous, and Mr. Yamasaki execute i
longed to. under the designation of the French police were notified, a it
formed on Tuesday morning. The party Many feared they would be fatal outcome could not be pre-fraud, and equity here drawa no score or so of police arrived and "lessee."
the person sui juris... the Chinese soldiers were also
After considering the circum- lawless, but they were as well-vented and the deceased passed distinction between the infant and "reinforced by other Nationalist atonces, His Lordship concluded disciplined, as any soldiers we away at 2.30 p.m. on the same day. In his Lordship's view, the posi
that the option for a further term have seen from the beginning, and of four years contained in the much better behaved than som?, lease, was not one which it was at They occupied mission property
soldiers.
Merchants in the vicinity be came alarmed and promptly put,
.
Brother's Tragic Death. tion in the case was as follows: The late Nikolai. Klukin Wa obligation in equity might deprive The non-fulfilment of their up their shutters. The argument any time up to the defendant but created no disturbance except born in the Perm District, Russia, the applicants' of the assistance of was finally settled by the removal company "to exercise. It was not to break into a residence which and was a comparatively young the court in obtaining relief from
of the Nationalist soldier from alleged that the option was French territory. The Chinese exercised by Mr. Yamasaki, and also agreed to pay for the modical the lease, therefore, with all exponses of the wounded Inspec-rights, expired at due date
August 16th., 1921, and that, to his M. Naggiar, French Consul mind, disposed of the principal General, and the French Chief of issue of the case. Police called at the Bureau of For-
tor.
"י.
had been looted some months ago. man."
to
15 a
Having completed the the provisions of the contract, In the last few days official word course at gymnasium he went to has come that these two regiments the Electro-Technical Institute and which was a different matter from and some 15,000 other soldiers are later entered the Artillery School a general afirmation of the coming upriver to invade Kiangsi, in Odessa, from which he received validity of the contract which is a day and a half's march his first commission in Kronstadt whole or in part. It seemed to RB action ing distance away. Apparently Fortress. He took part in the him likely that the defendants In the alternative, the plaintiffs this whole province is strongly Great War, as well as in the fight could not succeed in
vance, and
conclude have made a mild protest. The the defendant company was estop-ment and bitterly opposed to com- and it was only after the down- His Lordship refused to grant any aign Affairs and are reported to had applied for a declaration that supporting the Nanking Govern-against the Bolsheviks in Russia brought to recover their ad-
fall of Vladivostok that he, incident created much excitement ped from giving up their tenancy munism.. The common people
dition that the plaintiffs by way on the Chinese side of the Small by a letter in reply to a proposal have learned their lesson from together with his brother and of the declarations unless on con- of restitution repaid in full the. East Gate and for a time the atto raise the rent in which they first hand experience these last sister, became emigre. titude of the soldiers and coolies declared they had the right to con- five months,
mortgage debt and interest. The was threatening.
plaintiffs would have to pay all costs in the proceedings, except costs assignable to the issue of infancy, which the defendants would pay.
MONTHS.
tinue in the premises for a further three years at the same The Tangpu stirred up a parade rent, and could not accept the in- for May 9, against the Japanese Grease, They could not, however, in particular. All the farmers BLAKE PIER PROGRESS.claim estoppel on those grounds as and labourers turned out in full the authorities clearly showed. force. Then it began to rain and none of the agitators put in an The plaintiffs alternatively MAY BE RE-OPENED IN TWO claimed a declaration that the de-appearance. The crowd became fendants were tenants from year to year, and therefore their notice About two months will see the to quit on August 11th, 1926 did end of the work now in progress not determine their tenancy. at Blake Pier, which has already Following the prevailing custom been closed to the public for a in the Colony with regard to period of seven or eight months, tenancies arising otherwise than and which it is estimated will by lense, His Lordship held that cost the Government something the defendana' tenancy was in fact in the region of $20,000.
a monthly one, and, the notice to quit was therefore valid.
The strain on the piles as the
With regard to a further claim result of battering by typhoon
for $1,012.50, being an amount of seaa last year necessitated ex- tensive repairs and reinforced 15 per cent. in excess of the rent concrete is being used largely in paid from December 10th, 1925
be substituted.
angry that those who were always waxing most eloquent about love a of country couldn't muster un enough patriotism to brave little moisture so they started for head-quarters. in a somewhat ugly mood.
Deceased's brother also died under tragic circumstances-he was killed whilst defending one of the armoured cars belonging to Marchial Chang Tsung-chang's Shantung Army.
They left a family, their mother in Vladivostok and two sisters, one of whom is in Shanghai,
!
Brothers Victimised. After delivering judgment, His Lordship stated that the plaintiffs. In his orders, Captain E. I. M. had declared that Mr. Sung Tsul- Barrett, Commissioner of Police,lun, a Chinese interpreter former- placed on record his feelings of ly employed by Mesars. Hastings, deep regret at constable Kliukin's Dennya, and Bowley had demand- death and expressed his apprécia-ed from them as a price for his tion for the high services rondar services the sum of 10% on the ed by the deceased constable
and others ranks.
cash
Seek Protection..
value of whatever they recovered from the trustees, and also that at Full police honours were ac- a later date Mr. Sung demanded The Tangpu members fled to the military official in command corded to the heroic officer, who an additional 5% on behalf of Mr. of the troops here seeking protec was buried at Lokawei Cemetery, Leung Wing-cheung, interpreter tion. He refused to give it, said The cortege left the General to Messra Wilkinson and Grist,
evidence they were the ones who had or- Hospital at 3.30 p.m. and marched
According to their ganized the demonstration and to the cemetery, where the Ortho- hence ought to be able to handle dox Russian ceremony was por- this sum was paid by them and it and September 15th, 1926, which the strengthening. At the
the crowd, that under no circum-| formed. had been paid into court with a
Among those in the is significant also that a eame time, the opportunity has denial of liability, His Lordship stances. would he think of firing on procession were Capt. D. 1. M. credit of 10% approximately was been taken of removing the old said he considered that the der the common people. Hence they Barrett, Capt. R. A.J. Martin, Mr. retained by Mr. Sung afterwards iron steps, which rapidly corred-fendants were liable on that claim, beat a rather inglorious retreat to E. C. Baker, in charge of the in his own banking account, and a od and became covered in limpets, His judgment was for the de-the country to escape violence. foreign branch, and other aasis- further 5% was paid by him to and reinforced concrete steps will fendant company, except on the They have been wanting "dernoctant commissioners and inspectors Mr. Leung Mr. Sun had since died and his evidence was not claim for payment of $1,012.50, enracy" and they are getting it!
therefois available either to con- Among the three or four bun-
firm or contradict this storey.
Mr. Leung, while admitting the.
that it was paid to him on another account altogether. It was not material to assess the credibility uf the evidence. It would be difficult to record a finál decision without Mr. Sung's The following general know- evidence, but a suspicion remained, ledge paper has been taken from with him that the
plaintiffs the Daily Express.
and their four brothers, bad, in this matter,boea victimised by their agents in a way for which they themselves wore in a large measure to blame.
The nature of the work involves which claim his judgment was for considerable suspension at high the plaintiffs The plaintiffs would dred soldiers stationed here for tide, and this, together with the pay their own costs incurred after local protection are many who HOW MUCH DO YOU receipt from Mr. Sung had sworn diving operations necessary, is the date of the payment into nurt, originally were Northern soldiers largely responsible for the time and each party would pay their and were captured by the Nation- cwn costs incurred prior to that so far expended.
S.S. PRESIDENT JACKSON.
WHO'S WHO FOR HONGKONG,
date.
POET'S CORNER.
THE PRIMROSE.
The s.s. President Jackson ared in an editorial in the Times re-
A pretty word-picture was paint rived in port this morning.. the following passengers disembark- ing here:-
་
Mr. Kenneth E. Fisher, en route to Bangkok, Slam.
lists. Every day or so four or five would run away at night
KNOW?
Usually with the best rifles, TO-DAY'S QUESTIONS. evidently to join the bandit groups which are more numerous throughout the region than for many years. At Inst the colouel in command disarmed all these. Ex-northerners and has sent them down river to Yenping.
He himself is very friendly to écally, under the caption "Primus and to the church. He is roses." "No blossom more per-openly opposed to all anti-foreign fectly combines simplicity with or anti-Christian propaganda, and distinction," the article reads in his presence here for the last part, "and few are more prodigal three weeks has had a most whole, Mr. J. C. Huston, U. S. Consully abundant where soil and some effect on those of violent at Canton, returning from a climate are reasonably hospitable, tendencies. His loyalty to the business and pleasure trip to the and improvident rapacity has not cause of Chinese nationalism is United States.
eradicated it." The primrose has intense but it is also intelligent. Mr. and Mrs. R. V. Leahy,
been # favourite subject for Shanghai Times. Mr. Harold Mackenzie, newly poetical writers, but there is one appointed Minister to Slam eattle poem, not so well known as route to Bangkok to assume his many, by Henry Kirke White, to an early primrose, which is worth recalling.]
ddtics at that point.
יו
Dr. and Mrs. W. R. Morse, an route to take charge of the Can- ton Christian College.
The Zulu chief Solomon
Kayo evidence at the resumed hearing at Pietermaritzburg of the action he has brought for £5000 damages against a Natal newspaper for defamation arising from an la-
tho rident during.
Prince of Wales's tour in Zululand in 1925. The chief emphatically denied the truth of the charge of disloyalty contained in the newspaper articles in question, upon reading which, he anid, ho felt as if he "had been stabbed by an assegal." Ho ̈des- cribed numerous presents he had given to the Prince of Wales,
Mild offspring of a dark and sallen
sirel
Whose modest form, so delicately
fine,
Was narsed in whirling storms, And cradled in the winds; Thee, when young spring first
question'd winter's sway,
And dared the "aturdy blusterer to
the fight,
Then on this bank he threw
To make his victory.
The Manchurian authoritios have issued an injunction against the export of cereals out of Man- churia. They are on their guard against possible extensive pur- chases by Soviet dealers of all kinds of cereals in North Man- churia, about Manchouli, Hailar, Harbin, Imienpo, Pogranichnaya, etc., in order to meet the threaten- ed food, famine in Soviet Russia,
Official returns show that dur ing March 3,084 recruits were
"In this low valo, the promise of finally approved for service in the
the year,
Territorial Army, compared with 2,449 in February and 1,668 in
Serone, thou openest to the nipping January The total Territorial
Pride,
: Unnoticed and alone,
They tender elegance.
strength, exclusive of permanent staff, on April 1 was 6,678 officers and 188,059 other ranks.
Answers, for those who need them, will be found on Page 14 of this issue.
tracts
J-What English king wrote.
"agriculture? 2-What was the frat hook print-
ed in the English language?
3. Who is supposed to have been the first actor to take the part of Mercutio in Romeo and Juliet".
Stay of Execution,
Mr. Sheldon asked for a stay of || ⠀ execution pending an appeal, but Mr. Jenkin objected, saying that the two plaintiffs would probably go,
Who said: “Surely a man may to Macao where their home appear. drink a glass of wine by his ed to be, and it might increase the defendants responsibility of re- own fireside"?ina B-What bird has the bank of the covering costs.
long-billed wader, the legs of His Lordship thought that the barnyard fowl, and the that Mr. Sheldon meant that tho wings of the ostrich or defendants should not sell the pro- tribo? 6.Which was the first ghost story perty while the question of an ap
peal was being considered. in the English language? What great writer incorporat ed in his work songs taken from Shakespeare's plays? 8Who first taught Greece the arts
Mr Jenkin replied as far as costs were concerned he would object to ja stay, and
Hia Lordship made an order to of writing?
the effect that the mortgagees' wore 9-Who was Taddeo Gaddi? 10-Who said: "Boll up that map, not to exercise their power of sale It will not be wanted for tho for fourteen days, He refused to next ten years," and when? grant an application for a stay with 11-What blshop served as à statos-regard to costs..
man under four rogimes? 12-In whose honour was the tune of the "Frothblowers" Anthem composed? 18-What is "the Corridor"? 14-How were Egyptian hierogly- phics first deciphered in modern times? 16--Which is the oldest concert
hall in Europe?
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