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NO. RITO -ĦA WATЯ MONDAY, AUGUST 18, 1930.

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CASUALTY.

INDIA.

SALUTARY EFFECT OF AIR FORCE ACTION.

WHITE GLOVES AT NEARLY 27 DAYS IN

SESSIONS.

PRESENTED TO THE CHIEF JUSTICE.

CLEAN CALENDAR MARKED BY OLD CUSTOM.

POLICE VIGILANCE.

THE AIR.

JACKSON AND OBRIEN FLY FOR 647 HOURS.

OIL GIVES TROUBLE.

Dale

St. Louls, Aug. 17. Jackson and Forest O'Brien have landed after flying for 647 hours, 28 minutes, 30

RUSSO ASIATIC APPEAL.

DISMISSED BY THE FULL COURT.

UNANIMOUS OPINION OF THREE JUDGES.

seconds. Last Wednesday they JUDGMENT UPHELD,

beat the record established at

The appeal against a judgment

DOUBLE MOTORING THE $50,000 LOAN TRIBES SUBDUED IN MUKDEN REMAINS

TWO YOUNG CHINESE NURSES KNOCKED DOWN.

WANCHAI MISHAP.

A double casualty was caused yesterday when a private car, No. 1458, owned and at the time driven by Mr. W. D. Bell, of Taikoo Dock-

yard, ran into two Chinese girls at Queen's Road East. Injuries were suffered by the victims, these be-

There being no cases down for Chicago on July 4 by the Hunter of the former Chief Justice (Siring stated to be of a not very seri- trial at this month's Criminal Brothers who flew for 553 hours, Henry Gollan) regarding the ous nature. Sessions, which were formally this time beating the previous re-disposal of $300,000 surplus in opened at the Supreme Court this morning, the Chief Justice Cord, held by Jackson and O'Brien (Sir Joseph Kemp) was present- of 420 hours.

The new record was created by ed with a pair of white gloves by Mr. C. D. Melbourne, Regis-a plane named "The Greater St. trar, in pursuance of an ancient Louis" which is equipped with a and honoured custom

170 horse power engine-Reuter American Service.

This is the fifth occasion since the establishment of the Colony

St. Louis, later. when an absence of crime has re-

The flyers came down owing to sulted in a clean calendar, two

the engine misfiring and losing previous occasions being in 1928.

It was thought that the lat Prior to the presentation, the oil. Attorney General, Hon. C. G. Ala-ter defect was due to a cracked baster K.C., sald:---My Lord, the crankcase but a cursory inspection Chief Justice, on this first occa-made after the machine landed aion on which the Full Court has failed to reveal the cause of the sat and Criminal Sessions have trouble. been held since your Lordship be- come the substantive holder of the post of Chief Justice, I am in the happy position of being able to inform the Court that no in

dictment has

been filed

and I

should like to avail myself of the opportunity of tendering to your Lordship the respectfull felicita- tlons of the Bar of the Colony.

May the customary presentation of white gloves by the Registrar of the Court, in accordance with an ancient and picturesque cere

Absence of mony, indicating the

a hapo serious crime, prove

vour augury on this occasion in Lordship's official career.

Police Vigilance,

As your Lordship is proceeding so soon on Home leave, may we also wish you God speed and a happy holiday with your family in England.

After Mr. Melbourne had pre-. sented the gloves, his Lordship briefly returned thanks for the gloves and the words. spoken. He commented on the vigilance of the Police and the administration of English law by capable law officers in the various Courts, all of which, he said. contributed to the reduction of crime in the Co lony.

The sudden descent startled the crowd of 500 drowsy watchers, in. cluding a flock of reporters and photographers who have been sleeping on improvised beds on the flying field for several nights.

CLAIM FAILS.

DESCISION GIVEN IN LOAN CASE.

BOOK ADJUSTMENT NOT A GOOD REPAYMENT.

The two victims of the accident the liquidation of the Russo- Asiatic Bank, failed in the Court were Mlas Au Sau-man and Miss of Appeal this morning when Cheong Mui-lan, nurses employed judgment was delivered affirm- at the Tung Wal Hospital. ing the findings of the Court be- report received by the police con- repaid. low. The appeal was heard in cerning the affair is to the effect the Full Court before Sir Peter that they suddenly appeared from Grain, Sir Joseph Kemp and Mr. under the verandah and endeav. Justice Wood.

cured to cross the road in front of Mr. Bell's car, by running over to the other side!

Sir Peter Grain having returned to Shanghai, his judgment was read by Sir Joseph Kemp, who ex- pressed his agreement with it, and Mr. Justice Wood read his own judgment.

PLEDGE BY LEADER,

Simla, Aug. 17.

It is reparted from the North West Frontier that the Afridis are retreating. The tribes are now in a chastened mood, the Royal Air Force having inflicted severe punishment which has had a most salutary effect.

NEUTRAL..

BIG SUM OFFERED BY NANKING;

CHANG HSUEH-LIANG CAUSES ARREST OF OFFICERS."

MUTINY RUMOURS.

FAILURE TO PROVE.

Peking, Aug. 17. Judgment was given for the

With regard to the reported. A communication from an in- first defendant, with costs, by the Chief Justice (Sir Joseph fluential leader in the Barn Valley mutiny at Peitaiho, it appears Kemp) in the $50,000 loan dis states that the damage done by that certain officers of troops. pute case at the Supreme Court the Royal Air Force was most im- formerly under Marshal Wu Pel- this morning, his Lordship find-pressive. He has given a pledge fu, who are stationed in the dis- der and informed him that they ing that the plaintiffs had failed that no further hostile parties will trict, approached the Comman- The to prove that the loan had been be allowed to pass Into India,,

Subsequent reports, however, had been offered a large sum by His Lordship held that the imply that although the greater Nanking to go over to the South some gangs still remain in the The Commander reported the memorandum of discharge of part of the Afridis has dispersed, and advance against Tientsin. caves to the south of the Bara November 29, 1919, had been entirely unexplained, that the River, while the Haji of Turanh- matter to General Chang Hsueh- letter of November 6, 1927, was in-zal is still trying to stir up the liang, who summoned the sus- consistent with the present case Mohmands.

pects to a conference and arrest- and had also been left entirely

Two sections of the Utmankbeled them all.. unexplained by the plaintiffs, and tribe had' undertaken to refrain General Chang Haueh-liang is that repayment of loan through from joining any hostile lashkars still determined to remain neutral. book adjustment was not good re- and to refuse the passage of any. Reuter.

In consequence of this promise Chinese messages atates that the payment.

Mr. H. G. Sheldon, for the plain-it is understood that eleven Ut-Northern situation was electriñed tiffs, asked for a written judgmankhels recently captured at by rumours concerning the assas ment, which his Lordship promis-Pollai will be released.Reuter.sination of General Chang Hsueh- ed to deliver at a later date.

Simla, Aug. 17. liang. A telegram published by

Mr. Bell, it is stated, “was unable to pull up in time to avoid an ac- cident, and both girls were knock- down. One of them suffered

In this appeal, Mr. Eldon Pottered K.C., together with Mr. H. G.. Sheldon, was for the Shanghai creditors; Mr. C. G. Alabaster, K. C.. Hon. Attorney General, was for the Official Liquidator of Hong- kong, and Mr. F. C. Jenkin repro-

sented the London creditors.

:

The Judgment.

The crowd put up only a slight demonstration when the machine

The appeal is fully explained in Janded, this contrasting oddly the judgments which are appended. with the delirious greetings of a

Sir Joseph Kemp said:This is crowd of 25,000 when the couple an appeal against the judgment of landed in the sama field last year Sir Henry Gollan, Chief Justice, in after establishing their first re-the matter of the liquidation of the cord of 420 hours continuous y Russo-Asiatic Bank of St. Peters- ing which was lost to the Hunter: burg. Brothers last month.

The parties represented in the Aviation circles are most inter-Court below were the. Shanghai ested in the remarkable perfor- Liquidators. the London creditors mance of the engine whose pro- of the London branch of the Bank, to have run and the Official Receiver of Hong- peller is estimated 55,000,000 revolutions. Reuter's kong. The same parties are re- American Service.

presented on the appeal now before

FUNERAL OF NOTED GENERAL.

SIR H. SMITH-DORRIEN LAID TO REST.

A

1 Previous Occasions This is the fifth occasion on which white gloves have been pre- London, at which H.M. the King sented to

S

In the Court below it was held that the Russo-Asiatic Bank had not been discovered. That finding has not been disputed in this ap- peal.

CURRENCY COMMITTEE'S

REPORT.

Forwarded to the Secretary

of State.

VIEWS EXPECTED LATER.

Upon enquiry in official cir- cles this morning, we were in- formed that the report of the Currency Committee has been forwarded to the Secretary of State for the Colonies, and it. is expected that in due course the views of the Home Govern- ment on the subject will be made known.

It will be recalled that the Committee, whilst advocating no change in the Colony's cur- rency so long as China remains on silver, recommend- ed that all available data be placed before expert opinion 3a soon as possible in order that a scheme might be worked out for the transfer from silver to gold in

sudden case of a change-over by China.

Overwhelming Proof.

The

Mr. H. G. Sheldon, instructed by A message from Peshawar City the Tsun Wan Yat Po, a Hongkong. Mr. G. S. Hugh Jones, appeared states that the Chief Commission- Chinese daily, states that the for the plaintiffs. who sought for ers of the North West Frontier "Young General," had taken an a release of property which had have issued regulations for the over dose of opium and was in a been given for a loan for $50,000 carrying out of martial law in semi-conscious state throughout which, they asserted, had been. re- Peshawar which was proclaimed yesterday.

report that paid. Mr. Eldon Potter, K.C., and under an order promulgated by General Chang Hsueh-liang was in Mr. F. C. Jenkin, instructed by the Viceroy on August 15-a trance for some hours caused Mr. A. el Arculli, wère for the Reuter.

great anxiety among Manchurian" defendants.

Simla, Aug. 16. Government officials at Peitaiho Since the trouble with the and was responsible for the Afridis started the only casual-rumours of the death of the young In addressing his Lordship prior ties reported in the Indian Army General

are one officer and two other ranks to the decision being given, Mr. Sheldon asid it had been over-killed. A private is missing and whelmingly proved that $50,000 is believed to have been killed. Three privates have been wounded had been loaned from the estate of

and one policeman injured.- Lau Ping and that the money had

Router. been repaid to that estate. The. evidence which had proved that had been of the very best possible to put before a Court, as it had been given both by the mortgagors and mortgagee. Apart from their evidence, they had the evidence of the accounts to support them in every detail.

TAI LEE ALLEGED OVERLOADED.

CAPT. ELVIDGE APPEARS AT

MARINE COURT,

Shanhaikwan Tension..

The situation at Shanhaikwan- Pass, where there is a Manchurian fort garrisoning the important point leading from Chihli Province to Manchuria, has been a bee-hivë of military activity, and troops under the 23rd Manchurian Bri- gade were disbanded during the week-end, all the officers attached to the Regiment being arrested.

The official version was that the troops were involved in a plot to stage a rebellion Shanhaikwan.

The Young Gueral being the Capt. R. Elvidge, master of the s... Tai Lee a vessel on the Hong- auccessor to his te father's big, kong-Canton run, appeared at the territories in the Three Provinces, Marine Court this morning before is a very popular gure in his the Hon. Commdr. G. F. Hole in sphere of influence and is regard- answer to a summons in which it ed as an idol of the Manchurian was stated that he had unlawfully people.

allowed his vessel to be overloaded Rumours of his assassination at about 6.30 p.m. on August 15. naturally caused a stir in Mukden, Mr. D. G. Cairns, of the Harbour an official telegram from which Office, prosecuted, while Mr. Leo says that General Chang Hsueh-

Elvidge.

It was argued in the Court below that branches, of the bank in the Far East had formed themselves

It had been proved that the into an Eastern Group of which

mortgagor and the mortgagee Shangha! was the head office and

knew at the time that payment and London, Aug. 17. that the surplus now in the hands

repayment was made from and to the estate of Lau Ping, for the The late General Sir Horace of the Hongkong Official Receiver to the Smith-Dorrien was buried at ought to be handed over

Shaoghal Liquidators for distribu-ortgagee, at the time of borrow Berkhamstead yesterday.

ing the $50,000, was administrator held in tion. memorial service was

of the estate of Lau Ping. Trustee Justified. Upon the death of Lau Yu-Long, surviving administrator of that estate, and at the time of the loan,

His Worship-Capt. Elvidge, was the sole surviving administra-you are charged with allowing. tor and trustee of the estate, the your ship to be so loaded as to sub- mortgagors at the time of repay-merge in salt water the centre of ment knowing that he was trustee, the disc at the Ping On Wharf on Mr. Sheldon submitted that a August 15 at about 6.30 p.m. Do trustee could do anything he liked, you plead guilty or not guilty? BY and could compromise in any way Mr. D'Almada Your Worship, he liked, so that Lau Yu-cheuk was I am appearing on behalf of Capt: entirely justified in accepting that Elvidge in this case and plead debt as payment.

"Not Gulity." I would like to ask for a week's adjournment, your Worship.

ber 1904, when Sir Henry Spencer Murray. There was a large atten./bank in St. Petersburg, but that proceeded to the French Hospital Lau Yu-cheuk became the sole D'Almada, Sr., represented. Capt.lang is indisposed and that on

Berkeley, the then Chief Justice, was the recipient of a pair of white gloves.

The Court below found that ne-injuries to the face and legs, while was injured slightly the Judge presiding was represented by General Sir cording to the ordinary procedure, the other over the Hongkong Criminal Ses-Walter Braithwaite, and Field the liquidation of the branches of about the arms and legs.

East should be

Taking them in his car, Mr. Bell sions to mark a clean calendar. Marshal the Duke of Connaught the bank in the The firat occasion was in Novem- by Lieutenant-Colonel Sir Malcolm ancillary to the liquidation of the

of the under the exceptional circumstan- where their injuries were attended dance of high officials

and

fighting ces of the case, namely the Sovietto by Dr. S. S. Strahan. many

Subsequently, the girls returned Services

decrees concerning the confiscation veterans of the war were there. of property in Russia, it was im- in Mr. Bell's car to the Tung Wah The second presentation was At the head of a large body of possible to hand over the surplus Hospital. made in June, 1914, when Mr. Hi J. members of the "Old Contemp-in question to the bank in Russia. Gompertz, later Sir Henry Gom- tibles" Association was borne a the Court wreath of Flanders poppies, pertz, presided over which sat only for the time hon-inscribed "From his comrades of oured ceremony of glove presen- the 'Old Contemptibles' Associa- fation.

was

THE TEST MATCH

RADIO.

Destination of Surplus. The winding-up order tion 1914." Underneath this were published in the Hongkong Govern- on the words, "Gentlemen, we will ment Gazette in October, 1926, and fight," which were attributed to other Hongkong papers but no at- the famous General when he de-tempt to take part in these pro- RELAY ATTEMPT BY LOCAL

a stand at Le ceedings has been made either by cided to make Cateau in the retreat from Mons, the bank in Russia. or the Soviet despite the orders of General

Government. Sir John French to retire.”— British Wireless.

The third occasion March 19, 1928, when Mr. C. D. Melbourne, the Deputy Registrar, handed Mr. Justice Wood a pair of white gloves.

A New Record.

six months, a record being creat-

ed.

AMERICAN CONSUL

MARRIED...

SATURDAY.

STATION.

In connexion with the "ball by The learned Chief Justice in the ball" description of the Test match Court below found against the con- which is being radiated by Amal- Lention of the Shanghai Liquida-gamated Wireless through the short tora, namely that the surplus should

wave broadcasting station 2ME, be handed over to them, as Shang- Australia, an attempt is to be made hai was the head branch of the by the local broadcasting officials Eastern Group, and, finally, the to pick up this transmission and learned Chief Justice ruled that re-broadcast it for the benefit of the London Liquidator was entil- local listeners. ed to put in proofs in Hongkong

The duty of Lau Yu-cheuk was to take care of the interests of the estate. He had done this by mak ing the loan and accepting the repayment by assignment, and as that loan had been repaid, the mortgagors were entited to the

re-assignment of the security.

Mr. Sheldon said his most im- portant submission would be that the first defendant had nothing whatever to do with the trustee of the estate unless she had beneficial interests in the estate which

were affected by the loan...

A Perfect Defence...

His Worship. Have you any objection to a week's adjournment,

Thursday many Mukden officials arrived at Peitaiho to enquire into

bis illness.

The Mukden authorities admit that martial law was proclaimed in Peitaiho during the week-end and attribute the cause of. the pre- caution to a minor-mutiny, which has been since suppressed.

Mr. Wellington Koo, former Chinese Minister to U.S.A., "a personal friend of General Chang Hsueh-liang, who was spending the summer with the later, wired

prominent Nanking politician at from Feitaiho to Mr. Que Tai-chi, stating that General

Mr. Cairns?

Mr. Cairns. No, your Worship. Peking, His Worship Right! The case Chang had not been assassinated. is fixed for hearing at 10.30 a m. Mr. Wellington Kao states that the Manchurian Army is not in- on Monday, August 25.

volved in any plot to overthrow the young General,

TITLED PATIENTS.

LATEST BULLETINS FROM THE SICK ROOM.

The ceremony was repeated on September 18, 1928, the recipient being Sir Henry Gollan, who point- ed out that although he had been administering the law in various dependencies for 25 years that was the first time he had par ticipated in such a cermony. This occasion was the second within WEDDING IN HONGKONG ON of the London creditors he repre- The programme arranged for this sented and leave to do во was evening by ZBW may therefore be

interrupted. If 2ME's transmis given.

London, Aug. 17. Miss Marjorie Mott, daughter of On the arguments before this sion is not received at aufficient It is interesting to note that u

It had been suggested by his similar ceremony has been car- Mrs. Ernest Julian Mott of San Court, on behalf of the Shanghai strength to warrant relaying, then ried out at the Magistracy... This Francisco, California, became the Liquidators, they appear to have the operator will transfer whatever learned friends that the lady The Duke of Northumberland was on December 30, 1926, when bride of Mr. David Clyde Berger, accepted the ruling that they can- comments on the match he hears would have been wrong and pre. had a quiet night. Although his on not have the surplus paid to them, to the studio and the announcer judiced in re-assigning that pro- temperature remains rather high, He...would ask bis his general strength is maintain- the then Captain Superintendent American Consul at Swatow,

but contest the ruling that the Lon- there will pass them on to listen-perty. of Police, Mr. P. P. J. Wodehouse Saturday afternoon.

Lordship to assume that Lau Yu- ed. don creditors should be allowed to ers.

Lord Birkenhead had a quiet C.L.E.. presented Mr. R. E. Lind-

cheuk had. acepted a worthless sell with white gloves to mark the

security, and the creditors of Lau night, and physically he is slight fact that there were no cases to be

Yu-fong brought an action against ly stronger.-British' Wireless. heard. That event was unique in

her. Surely she had a complete the annals of the Colony.

defence. She had only to show

TYPHOON WARNING..

The telegram quoted below was received by the American Con- sulate General from the Manila Observatory at 12.25 p.m. to-day:

"Manila, 18th 11. a.m. Typhoon in about 118" Long E. and 21 Lat. N. moving N.".

THE OUTLOOK IN SHANTUNG.

The wedding took place at the benefit by the surplus. The Shang- home of Mr. and Mrs. A. M. Kirby, hai Liquldora, in the hearing now at No. 2 May Road, the Rev. before us, have practically discard- Horace Johnston, of Union Church, ed all their previous arguments and Kowloon, officiating.

Introduced, as far as they are con- Miss Mott is a graduate of Miss cerned, an entirely new argument, Ransom and Miss Bridge's School namely that Paris is the head office: nt Piedmont, California. She was and that the surplus should be SHANSI TROOPS CROSS THE also a student at the University of handed over to the Paris Liquida California identified with the Alpha tor. Phi Sorority.

I say "a new argument as far as

YELLOW RIVER.

Recent Development. Concerning the relations be- tween Mr. Wellington Koo, and General Chang Hsueh-liang, It is interesting to note that Marshal Yen Hsi-shan has suggested the appointment of Mr. Koo as

former Peking Finance Foreign Minister and Mr. Lo Wen- kan, Minister and staunch supporter of General Chang, as the new Peking Finance Minister, in a final effort to win over the allegiance of the Manchurian Government.

The fact that Peitaibo is under the jurisdiction of the Manchurian Government has added much colour to the possibilities of an assassination, and the observers,

General Chang must be without his usual strong guards..

that the money was lent by her Court-then how could she be late husband and that it had never affected? It was a perfect de- been his money; that he loaned fence, added counsel. that money as trustee of the estate Mr. Sheldon submitted that the deduce that whilst at Peltatho of Lau Ping; and that when be deciding factor was that the lady Peking, Aug. 17. dled the trust of the estate wont could not be prejudiced unless she Mr. and Mrs. Berger left on Sun-they are concerned" because the

Foreign reports state that the into the hands of Lau Yu-cheuk, had a beneficial trust which was day for Swatow where they will re-point does appear to have been side. Mrs. Mott is remaining a few touched upon by others according bulk of the Shansi troops in Shan- who dealt with it. If the lady affected by the breach of trust. days as the guest of Mr. and Mrs. to. the Judge's notes and his judg-tung have withdrawn successfully could prove those facts and she Otherwise she was a stranger to

across the Yellow River-Reuter, could on the evidence before the the proceedings, (Continued on Page 7.) Kirby before visiting Manila,

"An independent report says that General Chang. Heueh-lang is in-

(Continued on Page 12.) disposed and is very anxious to

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