CLAIM FOR BREACH OF CONTRACT.
IMPORTANT POINTS RAISED THIS MORNING.
AN ANTIMONY DEAL
Mesure. Silva Netto and Com. pany were the defendants in an action at the Summary Court this morning when Mosers. John Batt and Co., Ltd., London, claimed $852 being the equivalent in Ilong kong currency of a aum of £95 8, 5d., balance of a sum of £203 48. 34. damages ascertained on May 19, 1925, to have been suffered by the plaintiffs by reason of the breach by the defendants of a contract contained in two cables for the sale by the defend ants of antimony ore.
Mr. L. R. Andrews appeared for the plaintiffs and Mr. C. G. Alabaster, instructed by Mr, Le
d'Almuda for the defendunt.
Outlining the case, Mr. Andrews said the dispute arose out of a contract for the sale and purchase of 75 tons of antimony ore from Messrs. Silva Netto and Company to Messrs. John Batt and Co., Ltd.. of London. The contract under which the goods were sold con- tained a chiuse by which any dis- pute arising out of the contract should be referred to arbitration in London, parties nominating an arbitrator within fourteen days.
Not Up to Quality.
CANTON MILITARY
SITUATION.
THE HONGKÖNG TELEGRAPH.
EFFECT OF RECENT SPLIT AT HANKOW.
A NEW MENACE.
Canton, Aug. 9.
A HEAT WAVE.
PEKING HAS 114 DEGREES.
RAIN COOLS HONGKONG.
Recent hot weather has caused local residents to lose many hours The recent split of the Wuhan of sleep on close and stuffy nights, Government has had an important and the usual thing has been to effect on the military situation in blame some typhoon nearby for At first, it was the high temperatures. Rainy Kwangtung. generally thought here that the weather has actually been hailed dissension among the military as a relief, after the hot days that leaders in Hankow had weakened have prevailed. its plan to attack this province.
ard
However, our temperatures for Now it is found that the contrary the past few weeks have been seems to be the truth.
nothing. very unusual, and we have een spared a real heat wave that affected Chinn further to the north, and was Shantung.
very severe in
General Tang Sang-chi General Ho Chien, who drove away M. Borodin and executed many alleged communists, have been declared counter-revolution-
A Tientsin paper of July 27 aries by General Yip Ting and General Ho Lung who have en-roports that readings as high as trenched themselves in Kiangsi 107 Fahrenheit were recorded the Province and are now defying previous day, whilst at Peking the Hankow as well ng Nanking mercury
surpassed this, General Yip was formerly a sub-standing, at 114 degrees. odinate of General Chang Put fut and personally trained the Shanghai and Tokyo are also "Ironsides." He commands a reported to have experienced the picked Division of the "Ironsides" wave of hot weather, in and has altogether over
30,000 former place temperatures of up troops in Klangsi.
to 95 being recorded, while the Japanese capital reported 97.
It is now learned that General Yip Ting and General Ho Lung are planning to attack Canton they want it as a military base.
even
the
The five hottest days at Peking were on July 21 to 25, inclusive, with the following readings: 96, Finding his position endanger- 102, 104, 110, and 114.
At Tientsin, from July 22 to 26, ed by this development General LI Chai-sum, of Canton, is said inclusive, the temperatures were: The A dispute arose between the to have asked General Wong Shie-95, 97, 103, 106, and 107. parties, its origin being when the hung, of Kyangai, to work with minimum readings for the days in plaintiffs re-sold the goods to him in meeting this common question were :80, 86, 93, 92, and Messra Hallet and Sons, of Lon-menace. Both of them are 90! don. The latter firm rejected the Kwangsi men and General Wong ore on the ground that it was not has agreed to send his forces to up to quality. Plaintiffs then got the Kiangsi-Kwangtung border. in touch with the defendants and The Cantonese forces and those told them that a dispute had of the enemy are only 200 miles * arisen. After an 'exchange of apart. General Yip Ting is a Can- cables the defendants requested tonese and knows the topography plaintiffs to arbitrate between of Kwangtung very well. themselves and Messrs. Hallet
and Sons.
Fatal Effects.
The heat wave in Tientsin un- fortunately took its toll among the inhabitants and there have been a number of deaths due to or ae- celerated by the great heat.
were
Two French artillerymen died at the Arsenal de l'Est as a re- sult of sunstroke. These
Genet ant Pte. Le Jer- son, both of the Batterie Mixte de Chine.
The arbitrator made an award in THE BALKANS DEBT TO Corp. favour of fallet and Sons, and plaintiffs were, obliged to pay them £187 and costs.
Plaintiffs paid this and then ask- ed the defendants to re-imburse them. Defendants seemed unwill- ing to do so and a long discussion took place in correspondence be- tween the parties. Plaintiffs drew on a bill of exchange for a certain sum and that was dishonoured.
Plaintiffs then instructed their "solicitors to collect the amount owing them by the defendants. The Bolicitors wrote but received no re-
BRITAIN.
FUNDING ARRANGEMENTS
COMPLETED.
London, Aug. D. An agreement for the settlement of the Serb-Croat-Slovene war debt)
to Great Britain was signed this morning, by the Chancellor of the Exchequer, and the Serb-Croat Slovene war debt, which amounts to approximately £25,500,000, will ply, and a further letter, suggesting be funded and repaid by 62 an- a settlement, was not answered. A writ was therefore issued on Apriinuities of the following amounts: In 1927, £150,000: in 1928 £250,000; in 1930 to 1935, inclusive
26.
1.
Unsatisfactory Method. After the writ had been issued -solicitors for the plaintiff got in touch with those of the Silva Netto Company and asked them if they were prepared to admit the corres pondence which had been forward- ed to them from London by Messrs. John Batt and Co. Ltd.
Mr. Andrews said he understood that the defendants were prepared to agree to the correspondence and it was his impression that this was to get to the real heart of the dis- pute without going to the trouble of obtaining evidence on commis sion. The case for the plaintiff's rested on the correspondence which he understood had been accepted by the defendants in lieu of a commis-
Mion.
His Lordship, Mr. Jacks, said it did not seem a very satisfactory way of putting in evidence as no op- portunity was given for cross- examination.
..
Mr. Andrews said that if the de- fendants had wished to cross- examine they should have given him notice. He could, however, get neces- evidence on commission if
Mr. Alabaster said the plaintiffs had to prove their case. The de- fence was convinced that it could
An American, Gunnery Sergt. John Kenly, 74th Co., Sixth Regi- ment, died in hospital as a result of sunstroke. He was 59 of age and had 28 years service in the U.S. Army.
"
Among the Chinese population a number of deaths, chiefly of chil- dren, have occurred owing to the heat.
Victims of the heat at Peking
ricksha
collapsed
WEDNESDAY, AUGUST 10, 1927.
FINES FOR THREE NORWEGIANS.
EXCESS OF PASSENGERS CARRIED.
LAUNCH MASTER GETS OFF
.At the Marine Court this morn- ing, before Lieut. Commdr, G. F. Hole, Captain William Asbjornsen, master of the Norwegian steamer Alexander Kielland, was charged that he did, on arrival from Bang kok on August 4, carry more than 12 passengers as allowed by See- tion 10 of Ordinance 10 of 1899. The number carried was 18, being six in excess.
Defendant pleaded guilty, his defence being ignorance of the
law.
DARING FLIGHT
PLANNED.
EXPLORING THE ANTARCTIC WASTES.
CAPT. WILKINS'S SCHEME.
Los Angeles, July 18. Captain Wilkins plans to fly from the United States to New Zealand, via Tokio and Australia, en route to the Antarctic Circle, where he will undertake, a 3,000 mile serial exploration.
He announced his intentiona to- night, when he expressed the hope of beginning his ambitious under- taking in September, reaching the Bay of Whales, inside the An- tarctic Circle, in time to establish
a base for making a record Polar The master, together with flight in December, Messrs. J. Thorbjornsen (Chief Wilkins indicated indirectly his Officer) and B. Gaberilsen (Chief desire to be the first to fly from Engineer), were then jointly the United States to. Australia, charged as owners with the same and said that he had every inten- offence, and also pleaded guilty,tion of hopping off his autumn, with the same defence.
His Worship pointed out that this was in the nature of a test case, and although the several de- fendants had laid themselves open to individual fines of $2,000 each, he would on this occasion treat the offence lightly, but future evn- sions of the law would be met by The several defendants were severe penalties. mulcted in fines of $100 each, with of one month's the alternative
master being imprisonment, the convicted on both charges.
Evasion by A Launch.
The adjourned case against Cheung Kan, master of the steam- launch Kong Kei, first heard on August 3, was resumed, Sergeant Swan of Tai O having asked for an adjournment at the earliest hearing to produce further wit nesses, when the accused pleaded not guilty.
but he also stated that he may abandon the giant Fokker aero- plane, in which he made his Arctic light, and purchase a sen plane from the Lockheed factory at Los Angeles.
3,000 Miles.
Although the aerial features of Wilkins's plans alone represent a tremendous undertaking, the ex- plorer regards the flight involved as secondary to investigations of meteorological conditions in the unknown regions that lie between the Bay of Whales and Graham Land, in the Polar Circle.
Wilkins will make his base at the Bay of Whales, hopping off during Deember, with a pilot, who as yet, has not been chosen, to cover the 3,000 miles of unknown territory.
There will be no place to land in the event of accident until the off Graham whaling grounds, Land, are reached.
Wilkins made no mention of his trip as being in any way com-
At the first hearing, Sergeant Swan described how the launch had entered Tai O with a junk in tow, and failing to register ar-petitive with the expedition to be rival, had, after the tow was cast beaded by Commander Byrd. off, proceeded in the direction of Hongkong, despite signals to stop. The arrest was made in Hongkong by officers of the Water Police.
At this morning's hearing, Chanan. Din, Indian Sergeant of police at Tai 0, corroborated the evidence of Sergeant Swan as to the signals to stop, and the sub- sequent departure of the launch. He described the launch with exactitude.
简
DUTIABLE LIQUOR.
SEAMEN ATTEMPT TO
EVADE DUTY.
£300,000 a year; in 1940 and 3041. between the shafts of his vehicle who had committed the offence at charged with being in possession
in Chiaotse Hutung, West City. Another coolie succumbed at Nan Huang Chieh, after puiling a fare
of dutiable liquor.
A deliberate attempt to evade the payment of duty on Chinese wines which they had brought into the Colony on board the Em- This concluding the evidence press of Russin, resulted in two include an employee of the de-for the prosecution, his Worship members of the crew appearing tective department of the local pointed out that there was no de-before Mr. W. Schofield at the police service and two
finite connexion between the man Kowloon Magistracy this morning uolies, one of whom
Tai O and defendant.
Sergeant Swan: I gave the
Revenue Officer Lanigan pro- at the last secuted and said that the defen- hearing. name of the launch
dants were seen to attempt to take His Worship: I have no record small quantities of Chinese wine A Tokyo message of July 23 of your having done ao.
to a sampan shortly after the ar- ---Is-Worship--found-defendant--rival-of-the-Empress of Russia periencing the hottest weather not guilty, and dismissed the yesterday. the past 44 years, the mercury re- gistering 95 on Friday and i de- grees on Saturday. Some went mad and some committed suicide. During midday, pedestrians dis appeared on the street for a few hours."
£400,000 a year; and in 1942 to 1988, inclusive. £600,000 a year.
An agreement has also been re- ached for a settlement of the Serb. from Nanyuan. Croat-Slovene relief debt to Creat Britain. The amount of this debt-said: Tokyo_districts has been agreed at £2,068,843, and it will be repaid in full, with in- terest at 5 per cent., over a period of 15 years. The total payment amounts to between £100,000 and £150,000 per annum, during the years 1927 to 1931, and thereafter will be approximately £240,000 per annum for the years 1982 to 1941. Annuities in respect of the war debt have been scaled down during the years up to 1942 in order to take account of the Serb-Croat- Slovene liability for the debt-British. Wireless.
suit.
relief
are
ex-
This heat wave is reported to have been general throughout the Far East.
Hongkong's Weather.
case.
No Lights.
They should have taken the spirits in the ordinary way to the Revenue Office and paid the duty. The men had admitted Kong Lap, master of a trading that they were taking the wine
direct to Yaumati, junk of nearly 2,000 piculs, was
One of the defendants, who had charged with, navigating the har-less than a gallon of wine, was bour without lights on August 10, fined $18, while the second defen- and, pleading guilty, was fined $15, dant was fined $25, he having had with the alternative of two weeks' slightly more than
a gallon of imprisonment.
liquor.
LEWIS.
On enquiry at the Royal Ob. servatory this morning with re❘ THE LATE SIR GEORGE gard to Hongkong's share of the heat wave, Mr. T. F. Claxton in- plaintiffs should submit to a non-formed a Telegraph representa- tive that on July 8 there was a His Lordship informed Mr. depression, over the Yangtsze Val- Andrews that as the defence re-ley which caused Shanghai and. have hotter sisted, an adjournment he must go Northern towns to
while on with his case as it stood and weather than usual, and make the best of it.
Hongkong experienced a certain amount of heat, it was not Bo
In Honour Bound.'
ordered
Revere because the centre of ac-
A CONFIDENTIAL LEGAL
ADVISER.
London,, Aug. 9. Sir George Lewis, who met his death tragically on the railway at
the most notable figures in the London legal world.
He was heid of the firm of soli-
trouble and
over-
Some coolies on their way from the poultry laan at Kennedy Town to deliver a crate of poultry to customers at Causeway Bay were stopped by the police when it was found that the crate was
fewer crowded, there being no than 34 chickens contained with- in a space less than a yard square. The coolie in charge was brought before Mr. R. E. Lindsell this morning, and being convicted of
Magistrate.
די
KNOW?
Answers, for those who need
of this issue.
them, will be found on Page 14
1. Which country has the greater proportion of telephonice-Bri tain or Iceland?
A long argument ensued on the tion of that particular type of Territe, in Switzerland, was one of Feruelty, was fined $10 by the knock it sky high with the evidence points at issue, particularly with weather was farther north, and they could call. The defence ad- regard to the agreement, Mr. affected northern districts more mmitted the letters passed between" Andrews submitting that the than those in the south, -
The depression, said Mr. Clax-citora of Lewis and Lewis, which HOW MUCH DO YOU the parties, and if the plaintiffs various cables which passed he-
was built up by his father, Sir could get a case out of them they tween the parties showed anton, afterwards moved N.E., and
filled up in the Yellow Sea.
George Lewis. were entitled to it. He was pre-implied agreement. Argument Dealing with Hongkong weather Like his father, he was employ- pared to call Hongkong evidence also took place on the effect of the during the period of greatest heated in many causes celebras, and as to what goods were shipped. arbitration, Mr. Andrews saying in July, Mr. Claxton said it was was the guardian of secrets told TO-DAY'S QUESTIONS.
Mr. Andrews said that he had that the plaintiffs
A vory hot period, starting on to him by many famous people. previously heard of no objection to merchantable sulphide and, on ex- July 10., Two days later a tem He maintained, however, the tradi- The following general know- the correspondence, and His Lord-pert evidence, did not receive it.
His Lordship said the plaintifa perature of 90 degrees was record- tion successfully developed by his lodze paper has been taken from „ship pointed out that there was no
The father, of being confidential ad- the Daily Express. temperature then fell slightly, but viser to clients in objection to it. It was admitted must prove in the first place thated, and on the 17th 90.5. for what it was worth and the the two contracts. between the case for the plaintiffs stood or plaintiffs and the defendants and A comparatively cool day was re- legal expert.
rose again to 89 deg, on the 23rd. difficulty rather than a technical the plaintiffs and Messrs. Hallet corded on the 28th the maximum and Sons, were exactly the same.
temperature being 81 deg. On Mr. Andrews said the defen- August 4 it rose again to 88.5. danta cabled to the plaintiffs tell-
The maximum temperature re ing them to submit the dispute to corded yesterday was 86 deg. It arbitration. He took that to mean fell to 78, the minimum, at nine that if the plaintiffs lost the de- o'clock this morning, owing to dendants would back them up. the thunderstorm. Mr. Andrews said that he otherwise why did the defendants The minimum for the 8th was thought he was entitled to an bother to interest themselves in 77 deg, at 5 a.m., rain causing adjournment. Mr. Alabaster op- the matter?
a low reading. At five o'clock on posed, saying that the plaintiffs
He submitted that on the cables the afternoon of Aug, "8, the tem- quite clearly thought that if the produced they were in honour perature was 77 deg. when, owing correspondence was admitted as it bound to stand by the result of to a thunderstorm, the tempera- had been, then there was enough the arbitration. He also pointed ture dropped ten, degrees. there to carry them through. The out that the plaintiffs paid the de- The highest temperature ever utmost he could do in favour of fendants, although they could have recorded here, sald Mr. Claxton August 19, the plaintiffs was that if they call stopped payment, of the draft, no. was 97 degrees, 'on ed no evidence they should submit doubt believing that the defen- 1900. to a non-sult. He suggested that they should either go on with the ease as it stood or else that the 1 The case is proceeding.
fell on it.
Mr. Andrews said that in that event he could only suggest a commission be obtained. He was not aware that His Lordship would feel that he could not get to the root of the case. in its present form.
dants would stand by them in the The rainfall for the 24 hours arbitration.
ending at half-past ton this morn- ing was 1.015 Inches.
His best achievements were pr.. bably in cases which never reach- ed court, and of which no one but these concerned ever heard any. thing:-British Wireless..
A Chinese while walking along in Shanghai Street yesterday was attacked by a chow dog which bit him in the arms and chest and then made its estape. The injured at the Kwong man was treated Wah Hospital.
TO-DAY.
Dollar on demand Lighting-up
1/11.3/16.
2. Where are loud spealeere used to
3.
announce trains?
Which won the first cleotris
railway built in England?
4. Who discovered insulia?
5. Which
d.
well-known finivering shrub dislikes Lime?
How did Natal receive
name?
ita
7. Which. English river flotus
underground for a considerable distance?
8.
Who was Bob Acres?
9.
Which are the three leading
exporta of the United King.
i
country
io
dom? A
10. What European
A
known as "the land of no one knows"
11. What is caviare? 0.59 p.m. 118. Who was Tiny Tim?
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