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DIAMOND CASE MAN WHO HELPED
CONCLUDED.
JUDGE NEEDS TIME FOR DECISION.
MR. POTTER SAYS NEGLIGENCE MUST BE PROVED.
FINAL ADDRESSES.
The case in which Mr. Kornitzer and ethers claim damages against the Banque de l'Indo Chine as the result of the Bark's alleged failure to deliver a package of diamonds to
"
BURGLAR
GOLD RINGS MELTED DOWN AND SOLD.
||
SIX-MONTH SENTENCE.
THE HONGKONG TELEGRAPH, THURSDAY, JANUARY 9, 1930.
MUSICAL JOTTINGS. TANG SENG-CHI TO CONVICT GETS NEW
The English Singers-Hannen Swaffer's Who's Who-Anecdotes. About Celebrities,
[BY, "ALLEGRO."]
LEAVE CHINA.
-SENTENCE.
YEN HSI-SHAN REPORTEDLY AMBITIOUS.
DESTRUCTION OF PRISON PROPERTY.
Book Feb. 14th or Feb. 16th for REQUEST TO NANKING. WILL NOT ACCEPT IT!
The English Singers, who' are giv During the early hours of yes-ing two concerts here which will terday morning, someone entered be well worth attending, at the a house in Thi Nam Street, Sham-sensible prices of $4 and $2. ahuipo, by inserting a knife through a crack in the door and raising the latch, stealing "from inside a quantity of clothing and three gold rings to the value of $39.
扎
Hannen Swaffer, the 'dramatic critic who contributes among other things to the Sunday Express, has just published "Hannen Swaf-
My
Is
about
reason
Shanghai, Jan. 8. Accused of destroying prison i The reported retirement of Gen-property in Victoria Gaol, a native, crul Tang Sen-cut, the rebel com- of Wel-hal-wei was this morning mander seems to be definite,
sentenced to four months impri- Marshal Yon Hsi-shan has offersonment by Mr. Grantham at. the ed General Tang Seng-chi a sum of Central Magistracy. money to induce him to give up the aimless fight against odda and to save further civil atrife.
ed over to Shansi Troops.
A Chinese, who was seen in Yau-fer's Who's Who," which contains It is anticipated that Tang'e mati carrying some clothing, was series of pen-plcture, of many of troops will surrender to Yen Hai- a representative in Hongkong, was immediately arrested, and, follow the leading celebrities of the day.an or b Nanking commanders... concluded in the Supreme Courting enquiries, it was found that one paper describes reading it as
Shanghai, Jan. B. It is understood that Marshal this morning before the Chief he had been partially responsible being "like attending a fashion- Justice (Sir Henry Collan),
for the burglary. He was accord- After hearing final arguments by Ingly charged before Mr. Whyte Mr. Kildon Potter, K.C., and Mr. Smith, at the Kowloon Magistracy F.C. Jenkin, comme for the de- this morning, when he stated that fendants and plaintiff's respectively, burglary was committed, he did although he was present when the his lordship reserved judgment,
Addressing the Court, Mr. Pot-ot actually enter the house. The ter commented on the evidence given clothing was stolen by another by M. Piguet yesterday and later man and handed to him.
. Ilis Worship amended the touched on the question of onus.charge to one of larceny and in Counsel said he would submit that, timated that although, technically, "whoever the onus was on, and it the defendant was not ruilty of was not really important to the house-breaking, his offence was case in view of the evidence given; almost as bad. literally it would be impossible for jury, acting reasonably, to find that the. Bank had been guilty of what was called in the authorities gross negligence,
Sentence of six months' hard labour was imposed.
A sum of money was found on the defendant and it was stated that this had been realised on the three gold rings, which had been melted, and the clothing, dant to. reimburse the complainant
The request is important, and Marshal Chiang Kai-shek, it is understood, has invited Yen Hal shan to meet him at Hsuchow, to discuss the maiter,
It was stated by Prison officials that the man, who was serving a sentence but was due shortly for
had discharge,
already been flogged for offences, similar to that with which he was 'now charged.
Warder. B. Plum said that at
about 2.10 p.m. on December 7, he heard some knocking going on in the prisoner's cell and on invest gation, he discovered the man
he was trying to make a pillow of them. On another occasion the man had torn his blankets and damaged various prison utensils.
The defendant said that it was an accident. "He fell down, care- lessly on the basing and damaged
ble first night' or an important Yen Hai-shan has suggested to the public dinner, every one who is President of the National Govern anyone as well as many who are ment, Chiang Kai-shek that the soine one are to be met there." control of all territory to the north
for mentioning it of the Yellow River should be hand-smashing basins together. He said that besides atories told uch diverie personali- ties as Gene Tunney and Dean Winston Churchill find Inge, Jackie Coogan, Edgar Wallage and Senator Marconi, there are many references to celebrities in the musical world and special head- ings are given to Chaliapine, Me- Cormack, Sir Thomas Beecham, and others. The whole book firenthes egotism which is apt to
become very boring to the reader, at in public because of the as, for instance, when he states mobbing, and when they have been "Whenever I have met Noel Ca- tour Lionel would always buy four first-class tickets, to reserve ward in argument, I have won a carriage, push him inside, pull- When he wrote The Marquise, 1 ob- down the blinds, and shout, "For
It is reported that Yen is also pressing for the appointment of Fu Tao yi as Governor of Shantung.
nervous to play.
"Paddy" won't
In every case, plaintiff had. to allege negligence and give affirma- tive evidence and had to disclose that alleged negligence when he opened his case. From plaintiff's to the extent of the loss suffered. Jected to a line.....The line was God's sake, start the train!"
own pleadings" he did, plead neglig- ence and it was quite clear that he must prove negligence. The only question was whether the mere loss of the packaga was prima forie evis dence.
His Worship ordered the defen-
FRIGID WEATHER IN NORTH.
MANY POOR PEOPLE DIE
FROM THE COLD.
Hankow, Jan. 8. The city has been visited by an almost unprecedented cold spell, During the week, no fewer than 100 people of the poorer classes have perished on account of the excessive cold. The river has been frozen to a depth of a foot.
It is understood that Shanghai, Eeking and Tientsin have also ex- perienced a gold snap and that beg- gars have died of cold.
eat out." Again, "when he sold One day in Chicago, Pachmann for £75 a song for White Birds and Powell met Paderewski on the there were two lines in it to which hotel stairs. Pachmann had play- Lobjected. Those two lines wereed to an empty hull-Paderewski removed." "If ever I want to had been sold out. "Ah, you take know what some knighted actor the money," said Pachmann, "but has just said to some knighted 1 play the piano." manager..... I go and have lunch with Frederick Lonsdale."
One of Lionel's most terrible memories is Caruso's first attempt to sing in English. He tried to
His article on Lionel Powell, teach him the words. at a piano. The accent was dreadful but they the world's greatest concert agent. decided to go through with it at reveals that this impresario e Liverpool, lle mixed an all his arranged 15,000 enneerts in his words, even those which he could fetite; he was Melba's manager remember," said Lionel," "and I for twenty-five years, yet she is stood at the back howling with a friend of is. Powell laughter. Yet the audience still "knows all the crowned, heads ex-jamlanded!" cept the present Royal Family 01 England. They do not like music."
His favourite musician is dear)
them, whilst the blankets were
torn when he first, received them. The magistrate sent him back to prison for four months.
Accused said he would not re-
cognise the sentence. It was not his fault that the property had become damaged.
tence
MA JONGG SET STOLEN.
WOMAN SWINDLED IN KOWLOON.
+
A charge of theft of a set of ma jongg by means of a false pre
was preferred against n Chinese before Mr. Whyte Smith at the Kowloon Magistracy this morn- ing. The defendant pleaded guilty and was sentenced to one month's hard labour.
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Mr. Potter contended that the evi- dence given of the Bank's system, if ; accepted, was entirly sufficient to rebut any prima facie case created by mere loss. That M. Piguet's evidence would be accepted almost went without saying, as not a single word had been put to him in that regard, and he feounsel) thought
"It was stated by Detective Ser- he could any with onfidence that M. Piguet was a witness of truth,
greant Meadows that the complain- ent had hired a set of we jongg After all, Mr. Kornitzer himself
and, the following day, when she had given evidence of the same
was due to return the set, the de- system and had levelled nothing
fendant called at the house and, in-. against that system except the
Swaffer describes Challapine, as timating that he was from the shop, possible dishonesty of servants.
old Pachmann, who, the way not only the greatest bass in the took the net away. Later the owner Not for Safe Deposit.
Regarding the old spell in gave a Chopin recital at the Albert world, but the greatest actor. appeared and it was then dis- Hankow old residents state that Ball the other day to an audience fe earns as much as £1,250 in a covered that the woman had been
I have met swindled. Counsel continued that M.
nothing Bike l 116.9 been of 5,000 people, although he is Bonight in London! Piguet's evidence had
him wandering about the streets. proved
experienced in the last 40 years old. At this recital he had beyond all doubt that the parcels were not received for safe deposit low, Wuchow and Hanyang have of his
years. Scores of beggars in Han- trouble, as usual, with the height of Lanilan, in the middle of the cd an information.
night, studying the atmosphere.'
Another man, who was charged sest and, throwing the That's what he in the sense known to bankers and died. At one time this week one cushion into a corner, marched off "It seems incredible, when
told Swaffer. together with the defendant, was there was no cross-examination on
you acquitted on the police offering no thefozen Han the platform exclaiming "What is meet him, that he has been evidence against him. IL that point. I proved that Mr. Could walk on Kornitzer himself was not only.
the use of playing "the piano for railway porter, a bookbinder and stated that he was believed to have 1 & 3, WYNDHAM STREET("Morning Post Building")' Temperatures from all reporting seventy years, if I can't have my joner. He sang in a choir as been with the defendant when he aware of the safe deposit proce- dure of the Bank but that he stations along the Chine Coast are sent the right height?" Even boy; he danced in a divertissc-called at the complainant's house but availed himself of that procedure down this morning, compared with tually an attendant adjusted the ment one night and acted lead did not enter the premisen. He and the protection offered on four yesterday. The lowest registered stod to his liking. At the close, the next."
was nino with the defendant when occasions, two of them being on
the set was pawned. September 8, 1921, na testified by the stuba of receipt counterfoils. When Mr. Kornitzer wanted to put an article in the Bank for safe deposit, he went about it in the ordinary way, recelving a 'proper receipt and the transaction being entered in a book.
River.
Qu
Alexandra,
The defendant was later arricat-
CLEARER WEATHER.
Was
The Royal Observatory reports that the anticyclone has weakened slightly and is now central to the west of Pekinie. Strong monsoon along the S.E. coast of China and over the North China Sen. The forecast till noon to-morrow"is;- North winds, fresh; overcant at first, then clearing.
at the Royal Observatory, Kowloon, the audience in its enthusiasmi John McCormack, beförd' America was 45,5, at 8 o'clock this morning, stormed the platform and women discovered him, "became one of This is almost four degrees higher put their anus round his neck, the worst actors ever known, even than yesterday" morning's figure, Swaffer tells a story about him on the Covent Garden stage, where which is new to me. When he he sang leading parts, two years went to Marlborough House te lufter George Edwards thought known of an exception; that all have tea with Queen Alexandra, him just fit for a chorus job." Mr. Kornitzer's parcels received by he insisted washing his own Swaffer says that during the War, registered post were placed in the eup! That is one of his many McCormack made specchea against correspondence clerk's safe and fads-be always washes liis tei-England in the United States and not in the chief necountant's safe, cap, even in palaces!" love it," became an American as a protest which showed that they were said
when against his British citizenship. regarded by the Bank as registered Powell whispered a few words of Swaffer got his own back. We read: "My article on McCormack mail and nothing else, and that
stopped his first (post-war) the Bank's liability was for the
concert, in 1920.. but before receipt.of registered mail.
Powell has had many trying his return, four years later, we Complete Denjal.
times with celebrities. There had all relented." He is now, Paderewski, who sometimes, im-with the exception of Chaliapin, Paderewski and Kreisler, the only Commenting on this point, coun-plores him to give the audience back on roduction of the receipt, sel said that M. Piguet was their money back as he is too
artiste who can fill the Albert ¿Continued on Nart Column.) Another point shown in the cashier in 1922 and in that
Hall, "I last met BlcCormack at evidence was that in the case capacity it would have been his
Ascot... One gels tired of the first person, before many pages are over.
M. Pignet's evidence had further proved that every safe deposit transaction without exception was entered in the book, this being the rule of the Bank; alan that the customer had his receipt signed by two officials of the Bank, either by the manager or sub-manager and also, by the cashier. It wil further stated on the receipts that the article would only be handed
of articles deposited for safety, duty to receive articles containing they were pinced in the
valuables for safe deposit. He
chief accountant'a safe and
used
for
not in the correspondence clerk's had stated that he did not receive sufc. the latter being for all ordinary registered mail. Safe deposits were dealt with by the cashier and after banking hours they were taken from the cashier's safe and placed in the strong room.
any of the parcels for safe deposit and he had no knowledge of any arrangements being made their receipt in that way. It was! inevitable he would have known of any arrangements had they
been made.
evidence Mr. Piguet's
also showed the procedure and pre- cautions taken with regard to registered mail about which there
Only Registered Mall Counsel stated that if anything was necessary to establisli that
been been no word of cross- Mr. Kornitzer's parcels were not
that examination;
No-one but on safe deposit but were treated an ordinary registered mail, It was Bank employees could have gol that procedure deposed to by M. Into the general office where the Piguet. The parcels were not safe was, so that parcela placed on treated for набе deposit. top of the safe, as alleged by Mr. No receipts were signed by Kornitzer, temporarily, were per- the Bank, the parcels were fertly safe. As.. however, it had dealt with only by the cor not been suggested that parcels respondence clock and were so placed were not safe, it was placed in his safe. The Bank was not necessary to discuss the point; "prepared to hand over those further, as far an M. Piguet knew, parcels without any receipt at all there was no dishonesty among Das was described by Mr. Kornitzer | employeen. himself in such a casual manner. Counsel
went
on Lo Bay
Mr. Potter daid he would submit there Was no evidence of it was absolutely clear that the negligence uk all unleas it parcels were not received for safe should be held that the mere custody, but as ordinary register-| loss. of บ
Itself parcel in ed mail,h
was negligence. Remarking that Mr. Potter continued that M.it seemed to be extremely doubtful Piguet's evidence established the whether that was so or not, Mr. point that with regard to the Patter referred to authorities on receipt of parcels containing the point, after which he urged valuables there was no authority that the evidence of system was vested in anyone at the Bank sufficient to rebut that. except the manager to arrange for such parcels to be received. Wit TCBs had said there was no excep. tion to that rule and he had never
!
Mr. Polter said it would be a blot on the law if a man was held Hable because he placed a certain valuable: (Continued on Page 8.)
exene
"Ellsworth, please tune some other station in? You know.
how Fif hates that announcer.
* *
James White and Sir Thomas Beecham were partners in business and White told the "gullible Swaffer many atories about Beecham which made him roar. When Beecham' was called before the income-tax commissioners to explain why he had" not paid his taxes, he said, "why do you send for me? I am a pauper. I live on.charity."
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Majesti
Richard
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"What do you mean?" aɛked the commissioners.
"I live on the charity of my father, Lord Pills," Becchom re- nlled. "He gives me money and I spend it on muste. If you want aome money, ask him. He's got a lot. I've got mone."
Swaffer once asked Sir Thomas what he thought of a Handel festival. He burat Into Irony "Why, because Handel wrote soma tunes," he said, "ehould all the old women in the suburba⚫ who think they can sing stand up on a platform and scream all at once? Handel would turn in his grave if he knew."
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table at the Kit Cat.
hours."" “Where have you been?” Musical comedy actors and ac-
"Always before George, Roboy they said. "I've been out with tresses receive bouquets and goes away on tour, he and his son, Swaff," said Grinth, "birds," indiscriminately. Gracie his daughter, Lord Dewar and 1 If this insufferable egotism Fields and Sophie Tucker- gramo have lunch together, and we do more than counter-balances a phone stars-are eulogised: Eve-the same always when he returns" reader's enjoyment of Swaffer's lyn Laye is described as the only When D. W. Griffith and Swaffer humorous anecdotes, who can ba English musical comedy actress had been out, together they got surprised? Judging from the who can dance and sing and act, back to the Savoy to find that candid opinions expressed in his and who looks awost on the top Lord Beaverbrook, Major David book, a far more interesting of it. Swaffer came across Evelyn Daivca, and two other millionaires volume would be a collection; of Laye and Bertram Wallis at lanch. Jimmy Rothschild was one, if I remarks passed by various cole Irving Berlin and his bride and remember had been waiting In brities upon the personality at Sophie Tucker sat at Swaffer's motor-car for the best part of an Hannen swatferl