KOWLOON BUILDING CONSPIRACY CASE
NUISANCE.
RESIDENTS ANNOYED BY NIGHT WORK.
OPENS.
THE HONGKONG TELEGRAPH,
POPULAR RESIDENT OLD PARTNERSHIP | JAPANESE FLEET
RETIRING.
ECHO OF FORMER WING ON MR. A. K. HENDERSON LEAVES
TRIAL
IN NEAR FUTURE,
COURT IN DILEMMA.
pany.
2
THURSDAY, AUGUST 2, 1928.
ISSUE.
VISIT SEQUEL.
Wm.
DISSOLUTION ORDER THIS MORNING.
CATERER SUED BY THE SINCERE COMPANY.
Powell,
Ltd.
· CONTRACTOR CHARGED
32 YEARS IN COLONY. DEFENDANT IN HIDING BUSINESS METHODS.
Another well-known resident of The dissolution of a partnership What was described as ʼn very Residents living near the June- Fok Chung-yuen, who, it will be tion of Nathan and Peking.Ronds, recalled, was committed to stand Hongkong will be leaving the dating back to the year 1904 was special and unprecedented method Kowloon, where the Wing On con-his trial at the next Criminal Colony on retirement shortly, in the asked for before the Chief Justice, of transacting business was alleg pany is erecting a block of flats, Sessions in connexion with the person of Mr. A. K. Henderson, Sir Henry Gollan, in the Supreme ed in the Summary Court this have recently been subjected to con-alleged forgery of a deed of assign- Assistant General Manager of the Court this morning, when the morning, before Mr. Justice Jacks, siderable inconvénience at night by ment whereby $110,000 was obtain- Hongkong Tramways, Ltd., after question of whether a partnership when the Sincero Company, Limit the incessant hommering and othered from the Bank of Canton, apan association with the Colony which is formed to hold good fored, claimed against Mr. T. Nakao noises made by the contractors' penrod this morning to answer a lasting for over thirty years. Mr. over is in accordance with the Law for $1,000, being the price of goods coolies during the course of the con-charge of conspiracy, to obtain Henderson is departing by the s.a. of Perpotultles was also brought sold and delivered. The goods üc tually sold amounted to $2,127.30, struction of the building, between $50,000 from the Wing On Com Changto on the 17th instant, pro- up for discussion. the hours of sunset and sunrise,
ceeding Home vin Australia and Pour partners of the nnmalgamat but na $1,000 had previously been At the instigation of several re-
Mr. H. G. Sheldon represented the Cape. He will rejoin his wife od firms, the Kwan Wo Chan and paid the balance claimed remain- xilents, Sergeant Ellis summoned
who went Home in the spring of the Fat Leo Kwan--Chan Pu-hin ed. The defendant counter-claim- the contracter of the building, be the defendant, and Mr. T. Murphy: last year, and it is the intention and Chan Yee-hau, No. 10, Peaked for $7.04. fore Mr. W. Schofield at the Kow- Assistant Director of Criminal In-of Mr. and Mrs. Henderson to Road, Chan Chok-chau and Mak Mr. M. K. Lo was for the plain- toon Magistracy thia morning. telligence, was the only officer of Capt. Austin, R.. A., and Mr. Gor- the Crown present on the legal settle down somewhere on the west Sik-tung, No. 44, Ko Shing Street tiff, while Mr. R. A. Wadeson de-
coast of Scotland. Their only som applied for the dissolution. The fended. bett appeared in Court, as represen-bench.
la at present in school at Larch-defendant, Chan Chok-kwan, who tatives of the residents concerned.
Observing this, Mr. R. E. Lind-field, Helensburgh, Scotland.. was stated to be the managtig Delay Meanu Lose.
sell, enquired from Mr. Murphy Mr. Henderson, who is a native partner, was not present In Court, In reply to a charge of causing whether the Crown was not re-uf Glasgow, served his time as an neither was he legally represented. annoyance to residents, the defen-
presented in this case.
engineer with Messrs. Cuird and The application was accordingly dant said he had undertaken to com-
Mr. Murphy: think Mr. Fit Co., of Greenock, and a year later heard ex parte, splete the building within a limited
time, and in order to comply with zroy is under the impression that he came out to Hongkong (in De- that agreement he had to work dur- the case will not start until 2.15 cember, 1896) as third engineer on ing. the night. For each day de- this afternoon. lay he would suffer a loss of $150. "In this hot weather not much work can be done during the day," added the defendant.
Mr. Lindsell:-I remanded the defendant until 11.15 today. I could have gone on with the other His Worship asked what were the case (sweep-ticket case) if you had usual hours the work was carried let me known carlier. Have you
on at nights, and the defendant recommunicated with him?
plied that work continued unly until 11 pm, each night.
His Worship:-The work is not
in arrears, is it?
Mr. Murphy-He is not in Als offlec now; he has gone down to the Supreme Court.
Mr. Lnduell: Well, I will go on without him. Call your first wil- poss."
Defendant: The agreement is for nine months The job was started in March last and tip to Mr. Murphy-But I have no the present have only three of exhibits. Mr. Fitzroy has got four months in which to complete
them. the work.
The only withess who could be Sergeant Ellis said that the sum called without the exhibits was mions was taken out on numerous complaints which had been re- Sergeant Clemo, who repeated the ceived from residents in the neigh-evalence regarding the arrest of bourhood of the Junction of Peking the defendant on the night of June and Nathan Iloads. Sergeant Eilis 26 on board the .s. Kinsbau. romarked that the workmen seem- ed to have taken it for granted that they could work until they were told to stop by the police, whom the contractor had apparently lo taken as his time-kceperat.
The next witness was Mr. Wikie Lum, Secretary of the Wing On Company,
His Worship found it impossible
The defondant's explanation of the counter-claim, said Mr. Lo, was that he depositód $1,000 with the plaintiff on the terms that the plaintiff would supply the defen- dant with goods for him to re-sell during the visit of the Japanese Offended Against the Law, Fleet, and that goods which wore not sold at the expiration of the In making his application, Mr.visit would remain the property of C. G. Alabaster, O.B.D., K.C., who the plaintiff. In other words, it was instructed by Mr. D. Lwas not really a Bale at all. Strellett, of Messrs. Hall Brutton Although goods to the value of the and Company, argued that one of amount atated were delivered" to the clauses made the partnership the defendant, he only succeeded hold good for an indefinite period in selling stuff worth $992, so that and that it was now, vold by reason the balance of the goods, although of the fact that partners had been still in the possession of the defen- permitted to retire in 1920, 1925 dant, were to be taken back by the and 1927, and also because it
plaintiff. As he had deposited offended the Law of Perpetullies.
$1,000 and had only sold goods to Mr. Alabaster then went on to tho value of $9002, he counter- deal with the circumstances, 'dur- | cinimèd for $7.04.
Ing the course of which he pro-
of
duced n receipt for the sum $3,200 which had been signed by
Credit Asked For,
Continuing, Mr. Lo said the the defendant. It also bore the plaintiffs story was that on about chops of the two old firms. When March 4, Mr. Nakao who Mr. Chen the amalgamation was "put into See bad never seen in his fe effect, one firm had a capital of before, through an Intermediary, $20,000 while the other was worth
the usual pass book that 5. Phra Chula Chom Klas. In pronta amounting to $20,000 were Company gave to customers for the Scottish Oriental Company's $19,200, but although accumulated saw Mr. Chen See and asked for
in the documents, ' this Company, which maintained referred to
goods which were to be sold on
the
proceed with the evdence service between Hangkong, Swa.yearly profits had decreased to as credit. The defendant then ex- which this witness had to offer and tow, Singapore and Bangkok, Mr. little as $20,000 and even' as low 68 plained that his firm had made
adjourned the court for a few minutes.in order that Mr. Fitzroy be communicated with.
hid
Henderson served aboard various $10,000,
arrangement to supply the require- In reply to his Worship, Sergeant
Replying to his Lordship, Mr.ments of the men of the Japanese steamers up to 1900, when the Elila sald the noise complained of
Company's fleet was bought by the Alabaster said he thought that the Flout during their visit to Hong- was the laying down of boards
N. D. L. At that time, Mr. Hen-defendant was in hiding.
kong. which were being hammered into When the Court resumed again,
His Lordship made an order for Mr. Chen See would tell tho position,
it was announcel that Mr. Fitzroy derson was second engineer of Sergeant Ella handed his Wor- could not be communicated with the ss. Chow Fa. On leaving the the dissolution of the partnership Court that as he did not know the ship a list of complainants who and the case was accordingly ad- Scottish Oriental Company, Mr. to date from July 12, 1926, and defendant or anything about his
Henderson joined the China and directed that an
account be financial position, he told him that had signed a petition to the police. inurned. Before doing 80,
Steamship Company, taken by the Registrar on the basis he was not prepared to grant the His Worship-There was a ease Worship mentioned to Mr. Shekton Manila exactly similar to this in Kimberley that he understood that several aboard the 8., Kameralda. After of a balance sheet in Court. Ho credit asked for. The defendant, the however, claimed to be a sub- Rond not long ago. In that ease witnesses who gave evidence at the serving in this Company's ships, also ordered payment of a compromise was arrived at and previous hearing were not avail he left the s.a. Zafire in 1910 and amount due and costs against the atantial business man and agreed Idefendant, and a person to receive to pay a deposit of $1,000 towards it was agreed that work should able, and he did not quite know went Home on leave, stop at 9p.m. Would the com- how the Crown could proceed with It was in November, 1910, that shares, standing in the defendant's his credit account. It was then plainants in this case have any the case
Mr. Henderson returned from name in the Bank of East Asia, to arranged that after he had paid in Mr. Skeldon remarked that per-Home to join the Hongkong Tram-be approved,
that amount he would be given. objection for an order to be made
credit for goods of double that requiring the lefendant le stop has Mr. Fitzroy would tell them ways, Lid., being appointed Work-
value. work at 9 pm.7
when the Court aft in the after-shop Superintendent. He was "A Fearful Nuisance."
[Fok Chuni-yuen, it is learned, Capt. Austin rose, and said that the work consisted of the ham-was charged two years ago in con- mering into place of hards ready nexion with conspiracy to obtain for the workmen in the morning to $50,000 from the Wing On Com- puur in centent, Capt, Austin de pany. Two other persons, Au Kim: scribed the noise made by the and Lam Fuk-chui, were charges made workmen us a "fearful nuisance," ed at the same time and were sen
Jis Worship:-The
tenced in due course to three years' Trouble
| hard labour.] seems to be that all Chinese con- tractors agree to do work in fur too short a time.
1001),
His Worship (to defendant);--| ARRESTED SHIP SOLD Why do you agree to put up a build-
ing in nine months when you'can-
not do it in that time?
Time from Theatre Lights.
AT AUCTION.
واعم
Mr. Henderson.
a host of friends,
Paid $1,000 Deposit. Mr. Le went on to say that Mr.
later promoted Assistant Chief Institution of Shipbuilders and ad Assistant General Manager, a einer and in 1924 was appoint. Engineers. In fact, heders and the Institution's oldest members, post which he has ever since held having been associated with it Nakao paid in $1,000 on the sapie
during his from the day of his arrival in the day, a pass book was issued to lengthy residence in the Colony Colony Members of that or- and Mr. Chen gave instructions to amongst whom he is universally anisation are making him a pre- the accountant of the Company us sentation on the 10th instant. Mr.to the arrangements made. The popular by reason of his sterling Henderson has also been a member defendant first sent in a written character, geniality of disposition of the Hongkong Club, the Hong order, but subsequent orders were and farge-heartedness. He has been prominently associated with kong Cricket Club and the East made verbally. He acknowledged
Point Recreation Club, playing in the goods received. the St. Andrew's Society, serving for many years on the Committee the bowls team of the inst-named. and being now Vice-President. His coming departure will be The Society is entertaining him to greatly regretted by a large circle of a tifin on the 15th ingtant. He friends, who will, however, wish both for Mrs. Henderson and him- of the Committee of the Royal self very many years of health and Hongkong Golf Club and of the happiness in the Old. Country.
The defendant replied that the "ORIISTAN" FETCHES $93,000 has also been a valuable member
MINUS WIRELESS.
b.
architect called for Lenders, and all the contructors had stated that the work could be done la mine The s.s. Gorjistan, which is nowe months. Defendant added that he lying in harbour,
was sold by had been doing night work for only Menara. Lammert Bros. this morn- a week and would require another for $93,000, the ship being two weeks' night work in order to started at $85,000 with eight fol- complete the job, The coplies were given instructions that they towing bids of a thousand dollars
cach
were to cease as soon as the lights
The vessel, which was put up
at the Star Theatre were ex for auction by order of the Court, tinguished, each night.
ia British steamer registered in
His Worship:-If you can use
your influence to get the Theatre Hongkong of 4,561 tons gross and
to put out their lights before 11
p.m. that might help you.
His Worship made an order that
of 2,916 tons registered tonnage.
The vessel has accommodation for 27 first class passengers, 2-1 second
'all work which would in any way class passengers and 1,551 deck annoy the residents was to stop passengers and is fitted with cleć-2 by
p.m., pointing out to the detrie light. She was built by fendant that it was dangerous to Messrs. Armstrong, Mitchell and the health of people to be disturbed Co. of Newcastle on Tyne, Eng- during the night,
KEROSENE STORAGE.
SHOPKEEPER FINED AT
KOWLOON.
land:
The dimensions of the ship ure: -length B.P. 360 feet, length, over all 376 feet, breadth 47 feet, moulded depth-30 feet 7 inches. She has a speed of eleven knots and is fitted for either coal or oil fuck. The vessel is well known in Hongkong, having been employed op luent runs for some time, The
A charge of having seven tias of wireless appuratus, which is the kerosene on his premises in property of the Murconi, Co. was pinca other than in a properly con-not included in the sale,
'structed well, was brought against
a shop keeper of No. 5B, Reclama-
tion Street, before Mr. W. Sého.
fold at the Kowloon Magistracy
this morning.
: 4.
THIS WEATHER TO STAY.
1.27
The defendant pleaded guilty. Sergeant. Williams said that he The Royal Observatory reporta visited the defendant's premises lo that pressure is high to the North inspect the kerosene well and of Japan and low over China. The found in the shop seven tina of typhoon is now shown as kerosene which were not in the elongated depression between the
Bonins and South-West Japan. well.
The forecast till noon to-morrow In pointing out the danger of such a practice, his Worship Im-s-South-west winds, moderate; posed a fine of $20.
fine.
01 BY NA SEMACK, HIG
"I think I'm going to like tennis."
Soon after the Japanese Fleet over $1,000 had left, there was due by the defendant to the plain- tiff, and the accountant paid a visit to the defendant's firm to demand payment of the balance. Then, for the first time, the defendant wanted to give to the accountant a letter which said something about goods being returnable if they were not sold. The accountant refused, to accept the letter, and that was the lust they had heard of the incident.
Mr. Lo added that the matter was purely a question of fact. The plaintiff's story was that the goods were sold on credit, although there was $1,000 security deposited, while the defendant claimed that they were sold on the very special and unprecedented terms that the goods were sold with an agreement to re- purchase in the event of the defen- dent failing to get rid of them dur- Ing the visit of the Japanese Fleet.
Wholesale Prices,
The goods were supplied at a very low rate, said Mr. Lo, at practical- ly wholesale prices, which was some. 25 per cent. less than tho Bincero Company would charge to ordinary customers, who bought goods, on credit. Furthermore, most of the goods were not in stock and the defendant gave them to understand that he wanted such enormous quantities that the Company order- ed goods from elsewhere for cash, with no such arrangement for their return in the event of their not being disposed of.
Mr. Lo asked:-"Why should a firm like the Sincero Company Bay We will lot you have all the goods while you pay us a price which is a very low one; If you don't sell them, return them to us?'" Mr. Chen would tell them that in the whole of his experience he had never heard of goods being supplied to a wholesale man on such terms, that he would never have agreed to such terms, and that there were no such terms,
(Continued on Page 8.)
Telephone C. 4578.
We are reducing the
remaining stock of
LADIES' SHOES
TO
HALF PRICE.
Do not forget that these are nearly all new stock, ordered for the coming Autumn, and thus entirely up-to-date.
Oddments at $2.50 per pair.
Inspection Invited.
HONGKONG REALTY & TRUST Company, Limited.
HOUSE AND ESTATE AGENTS,
PROPERTY BROKERS.
TELEPHONE C. 6291.
EXCHANGE BUILDING,
Use
PURICO
THE UNEXCELLED COOKING FAT
Obtainable at
All GROCERS & STOREKEEPERS,
Agents: KELLER, KERN. & CO., LTD. 18, Connaught Road, Telephone C. 8120.
SFICIAL
COTCH WHIT
Do
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ASK AT YOUR STORE FOR DON WHISKY
The old fashioned way isstill very often. the best way.
DON
Whisky is distilled in the old fashioned way, which is partly the secret of ita mellow flavour.
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4, Queen's Road Central.
GAY KEE,
PAR BrollaryMarshant Of Engineer.
DAVID HOUSE, Hongkong.
Tel. 0,1072.: