10
TIN PLATE CASE.
JUDGMENT FOR DEFENDANT.
CLAIM FOR: DAMAGES.
In the Supreme Court this morning judgmen was given by the Acting
LOST SHIP.
"GLENDALOUGH" VERDICT.
GAMBLING IN MEN'S LIVES,"
Chief Justice. Mr. Justice Gomperta Ar Cardiff the Stipendiary Maris. in favour of the defendant in the suit trate (Sir Thomas Lewis), who of J. H. Gennep Lah, trading as conducted the Board of Trade in-i
into the kass of the the Holland Pacific Trading Company, 'quiry·
Glendalough," of Swan! against Fung Tang For $4.829.60 steamship claimed as damages growing out of sea, off the north-west of Ireland on transaction involving 1,000 cases of March 25, delivered judgment. The Court found that the vessel was lost! in plates.
through the wrongful acts of the master. Captain managing owner, Mr. William J. Jones, and the Edward Plummer. Jones was order- ed to pay the costs of the inquiry, amounting to £4,000, while Plummer's certificate was cancelled. The chief engineer. Preece, was severely cen sured for neglecting to make efforts to keep up the pressure of steam on the day of the wreck.
the plaintiff It was claimed by that he ordered 1,000 cases of tin plates for which he paid $12 a case, When the goods before delivery. were being taken from the defendant's godown it was discovered that some The delen- bore the marks of rest. dant refused to take back the cases afrody transferred to the lighter. The plaintif sold these.with all faults
He did not for $14.50 a case. cept the remainder...
His Landship, in delivering his jude ment, reviewed the evidence.At the tire the condition of the cases was discovered, the defendants maintained that they had nothing further to do with the 500 cases "which had been accepted, but they offered to replace
"It is obviously just," said Sir Thomas Lewis, "that the burden of the costs and expanses of this very lone inquiry should not fall on the public, but oa Jones, whose criminal misconduct has chiefly conduced to the loss of the vessel, who has reck- lessly and wickedly gambled not only for money, but gambled in the lives
of the 200 that were defective. ; of men." He added that a request The plaintif's compradore said that, was made to the Board of Trade by from the condition of the exterior of the Court to lay the evidence in the the cases he inferred that the case before the Director of Public vents were more or less damaged He Prosecutions found at the cases, the 200 and thej 500, in about the same condition.
THE CHINA MAIL.
NOTICES.
"SOLIGNUM"
THE ONLY REMEDY AGAINST DESTRUCTION OF WOODWORK BY WHITE ASTS AND DAT-BOT.
SOLIGNUM"
DOES NOT EVAPORATE, CRACK OR PEEL, BUT - SEARCHES RIGHT INTO THE WOOD",
Sole Agents r
ARNHOLD BROTHERS & Co., Ltd.
1A, Chater Road.
Phone 1500.
POST OFFICE NOTICES.
REGISTERED and PARCEL, MAILS are closed 15 minutes earlier than the time giren below unless otherwise stated, and where mails are advertised to close it or before 9 m. registered and parcel mails are closed at 5 p.m. on the previous day.
The Court held, said Sir Thomas. that when the vessel proceeded to sea The plain himself had said that on March 13 she was unseaworthy, he has been dealing in tin plates" and that Jones and Flammer, knew since 1917 i any sea water enters this. The evidence with regard to (1) Jones's words, conduct, and the eases the plates get rust and as criminal acts in connection with they are very thin. this makes them the steamship "Dorothy Talbot?"" (2) worthless Il a case is stained of Jones's relations with Flammer: (3)
psty sunside this creates suspicion Jones and Plummer's pecuniary -- the cotizats. The lining must there positions; (4) the mortgages on fore be opened, which makes the the "Glendalough:" (5) the inflated plates at once liable to suffer from rate of premiums: (6) the fraudulent damp. The cases are supposed to be charter; (7) the excessive insurance. hermetically sealed, and, once open- £44,000 in excess of the value
risk interests at ed, it is impossible to restore them of all the
יד
afternoon
of
to their old cndition.. In buying spot (3) the neglect to survey the vessel; goods payment is made in advance. (9) Jones and Plummer conspiring Then if on taking delivery, the goods together to cause the vessel to pro- scem damaged the vendor is notified ceed to sea, well knowing her unsea- and he must replate them or repay worthy condition; (20) the neglect of ineastres and the obvious absence of the crice.
On behalf of the plaintiff an ex-desire to ensure the safety of the
the amination was made of the 500 cases ressel
He opened 21 March 25: (11) Plummer's wiliul act by Mr. Lemmeri. kases.
In 14 the contents were in putting the engines full speed sound; in 7 they were more or less ahead, and so causing her to run en damaged by sea water. He reported the rocks; and (12) both Jones's and Plummer's many falsehoods with re- that he did not consider that the cargo gard to incidents material to the foss was in sound merchantable condition
of the vessel, proved that there was or of merchantable Quality. The ma- het price on April 13, the day de motive, "intention, conspiracy, pre paration, and overt act to cast the Every was begun, was $12.40 a case vessel away and to cause her to be a fet suurid goods. He opened one case rotal loss, with intent thereby to de- among the 200 still in the godown, frand the underwriters. and hund the contents sprted with
FROM
INWARD MAILS.
Straits and Caletta EUROPE (via Negaratam)
FRIDAY, NOVEMBER 26. Straits and Calcutta, Shanghai's
SATURDAY, NOVEMBER N.
Japan and Shanghai Straits
WEATHER REPORT.
Nov. 2d. 194. 12-No returns from Japan and Indo-China.
Pressate has increased slightly at all reporting stations, the anticrsions baving increased in intensity. The depression of the Salu Fes has probably filled up. Moderate to fresh monsoon will prevail slang the China Coast, and over the cortir part of the China Sea.
Hongkong Risfell for the 14 hours ending at 10 am today. 000 irch Total sicce January 1st, 10538 inches," Against an aremge of S1 Si inches.
Forecast for the $4 hours ending it- nom on Novemt er 26th.
1. (neke NE winds, fresh; ixit.
- OTMOSS
So. 1.
har
Rock.
Chaul. The same as
-South court of Chios between dongkong and Lamocks The same se No 1.
-South coast of China berweEN Hongkong and Haluan. The same as No 1.
WYIL GERRYATURY, MOTOKANO, DALY ERATEER KERKE
1
NOVEMBER 25, 1890-
TEL.
2511.
Wind
Hour,
Barometer
Temporaturn"
ab Sos Imrol,
Vidivostock 812095–30)
Stocero Exrodate
Tokio Eacht Sagasaki Kagoshima Ikinas
Bonin Laland
Welhaiwel 6.30.95 Harbor- ichang:
Kinkiang... Changaha...
Shanghai Gutelka Sharp Pk...
Humidity.
Direction.
Weather.
Forpo.
THURSDAY; NOVEMBER 25. 1930
ENTERTAINMENTS.
THE CORONE
TO-NICHT, at 515 & 9.15
DUSTIN FARNUM
IS
THE LIGHT OF WESTERN
STARS"
October Home News in, the Coronet Review At 7.15 p.m.
看看
THE MYSTERY OF 13" *
Ipisodes 3 and 4.
HONGKONG THEATRE.
TO-NIGHT, at F.15 & 9.15.
METRO presents
VIOLA DANA
IN
SATAN JUNIOR"
"Max in a Taxi"
CHINESE TEMPLE.
Į KANSACKED BY THIEVES.
ROEWERS MAKE THEMSELVES AT HOME.
Pxx
Station.
THURSDAY, NOVEMBER 25.
...Shizzzi Maru
Fooshing
Nagaco Maru Szechnen
Methven Ateuta Mara
SUNDAY, NOVEMBER 25.
Japan and Shanghai.
Manila and Australia
Inaba Maru
MONDAY, NOVEMBER 29.
TUESDAY, NOVEMBER SO.
Victoria.
Japan Straits
Tenshin Marc Daners
OUTWARD MAILS,
Fos
PEK
THURSDAY, NOVEMBER 25.
29.
men,
1
I
5 p.m.. Fooleeres mes Lake Onawa ...... „5 p.m. Changchow... 5 p. 23. Glymonterene,
3 pm. Shoosting manun?
.99.93
2. b
bars, entered
temple.
30
€ 0
✔uton J Hougkoms
30.
.01
they blindfolded him and searched
Gap Rock.
29.09
ENE 5
99.95 66 95 xx# 2... r
Wachow
for valuables, but were again unsc-
Pakhoi Foiho
cessful. Before departing, the in-!
Flakies
Fouring
C. St. Jamer
Apart
Dagapan...
.28.74 75 21
4.50 29.75 523.71.78 66
O
Foochow
Saigon ............. Saigon
Switow and 'Susits
Fort Bayard. Straits, Bangkok, Ceylon. Mauritius, L Marques, South Africa, India Dhanushkodi, Aden, Egypt. EUROPE vis MARSEILLES. gistration 5p. Friday, 26th, Letters 8.30 B-D----
via And
Nellore FRIDAY, NOYEXBER 14.
*L. Marques. "Sorah Africa India via Straits, "Bangkok, "Ceslau *Mauriting, Dhanushkodi, Egypt & EUROPE Tia SUEZ Registration 5 p. Friday, 16th, Letters 6 & -- ****** The Parcel Mail wll be closed on Thunday, 25th Nov. at 2 pm
*North Philippine Islands, Shaughai,
China, Japan, #ramada, United States, Central and South America, & *EUROPE via SEATTLE Registra. tion 8 45 am. Letters 9.30 am Swatow, Amoy and Foochow Philippine Islands Weihairei, Chefoo and Tientsin Shanghai scd North China
SATURDAY,
FJper.or
Tovobashi Harg
Haibong-
Japan
TIXES
11 a.m.
Loongaang
Huichow Foosting
3pm
5 p.m.
NOVEMBER 27.
Sooa.
Yingchow Methren -****
3 p.m.
5.p.m.
SUNDAY, NOVEMBER 23.
Atsuta Sarn Kaijo Maru
期
980.
Counsel for Jones had severely criticized the action of underwriters The question at issue was whether in countenancing high valuations in the plaintik was entitled to reject the order to get increased premiums. pods as not of merchantable quality The Court was not asked to express s that the defendants have never any opinion on this criticism, but it made a good delivery under the con- pointed out that the case of the "Glen treer. The law is: where goods are datough" was another illustration of bought by description from a seller observations that had been repeatedly who deals in goods of that description, made in that Court during the past there is an implied condition that the 20 years... Over-insurance of vessels Straite, Bangkok, Calenita and ADES gonds shall be of merchantable quality.was not exclusively a private matter Shanghai and North Chin..............
The whole 1,000 cases were of between insurer and Insured. There Straits and Bangkok...
were other parties affected whose interests
protected Shanghai, North China and Japan. were
be lives whose
might and
Swatow, Amoy and Keelung
MONDAY, NOVEMBER 29. vessels' crews.
Straits, Bangkok. Ceylon, Mauritius. L Marques, Fouth Afries. India vis Dhanushkodi, Egypt & EUROPE via MARSEILLES. Registration 8.45 a.fo. Letters 8.3 IDo encour
uniform quality, Mr. Lammert con- demned both lots, those on
the
Where a vessel was
godown and those in the lighter. Dendangered, viz., the members of July 24 an examination was made by Captain Arthur. Mr. Lammert
out oferi sured, dhe of the most power- had
22 opened
CASPS
ful incentives for keeping her in good Arthur 1,000: Captain
*per.ed condition and seaworthiness was 40 cases cut of 200. In only Jour cases did he find the contents at all removed, and over-insurance also offered a dangerous temptation to damaged. If there plates had been
persons and the agents of persons seriously damaged when they were
who might gain by the loss of vessels. rejected in April their condition The effectual prevention of an unne should obviously have been very cessary peril to seafaring men called much wose in July, three months
for the attention of the Legislature, Jater. The defendant sold the 200
as well as vigilance and vigorous cases at auction, as tin plates simply, action by the Board of Trade. on August 20, at $11.50 a case, which, appears to have been the market price.
The judgment continued:
Bata
About 3.10 p.m. on Tuesday a Chinese who was returning to his home in Barker Road was accosted about 100 yards up Magazine Gap Road by two men armed with knives who first threatened him with death if he offered resistance and then rob-
Ti
Inaba Marc TUESDAY. NOVEMBER 30.
Swatow and *Bangkok ............ Swato, *Amoy and Foochow.................. Straits, Bangkok, Calcutta and 1DEN. Amey, Sharghal and North Chiza..... Philippine Islands
Citusan... Failong.SHE Namsang ****** Szechcen .. Taming
WEDNESDAY, DECEMBER 1.
Taksang
Hangsang
10.
11 a..
pm.
& p.m.
2 p.m.
9.
3 p.m.
Holbow and Haiphong Shanghai and North China Sea
Canada, Houolalo.
Voited Japan.
South America Ftates, Central & & EUROPE via SAN FRANCISCO, Registration 5 p.m. Thursday, 2nd
Persia Maru Letters 9 &?IX » »
THURSDAY, DECEMBER 2
Sarning..... FRIDAY, DECEMBER 3.
Baiching...........II a..
*Correspondence bearing vessel's name only.
Shanghai and North China
I think that the plaintiff's mistake has been that baying intended his purchase for re-sale in some special market or on some special "contract of which the defendants had no notice, he desired to set too high a bed him of his small change and a Swatow, Amoy and Foochen. standard for the goods he was buying. metal watch with a brass chaia valued
Mr. Lammert of course strenuously at $5.45. contended that the goods were not
V
merchantable as sound in plates, A house in Praya East occupied though he finally admitted in cross by a Japanese family was entered examination that they were mer last right by two Chinese for on- chantable as tin plates simply."
morning
lawful purpose,
This
F
CORRESPONDENCE.
The concern exhibited by Hon. Mr. Pollock as to the danger to children of motor cars running up to the Peak
If the plaintiff had desired a high Magistrate Smith disbelieved their BATHING AND MOTOK ROADS. appears to me eather exaggerated when quality or special condition of goods it story that they had entered the house was incumbent on him to make this by mistake while searching for a
dear to the other party to the con- friend who lived in the vicinity, and [To the Editor of the " China Mall."" sentenced the first defendant (who
tract beforehand.
Again, the goods were spot cargo, had a previous conviction for a
I have no dificulty in finding for the defendant on this issue and I do
There remains one more point which I can dispose of very shortly,
In my opinion the plaintiff by
to six weeks' hard labour.
Amoy Swatow Talhoku
Taicha ---- Cainan memi Koshu... Pescadores.
Legepi
facioban
Floilo
Jurizas
C. W JETTRITs, Director,
An assistant employed at the:
Bowen Yamyinsheh Temple, on
Road, has reported to the police that
TEL.
2511.
BUSINESS DIRECTORY.
ARRATOON Y. IPGAR & CO. Agents for Barco Nacional Ultramarino, Macro, Yorkshire Insurance Co., Ltd. International Petroleum Co., Ltd.
Tel: No. 332,
BRUNNER MOND & CO., LÄD.
-Alkali Manufacturers.
about 615 pm, yesterday, three Tel 1630.
all arted with iron
the
7, Queen's Rd. Central,
Having bound his hands and feet. CHINA AGENCY & TRADING CO. OF
HONGKONG. Iron, Steel & Piece Goods.
.
his person for money. Not finding any, they next ransacked the temple Tel. 2143. 10, Quten's Rd. Central.
truders cooked some rice, and after: CHINA OVERSEAS TRADING CO. haring a meal, released the com- plainant and went away.
COMMOTION ON A TRAM.
OFFICIOUS DETECTIVE.
CONDUCTOR ACQUITTED OF ASSAULT.
A dispute occurred on a tram can near the Central Market on Nov. 15) when the conductor was alleged to have refused to hand a Chinese
11
A
(1819), LTD. Importers and Exporters. Tel. 1104. 16, Queen's Rd, Central,
CHU KYOKU TRADING 00. Importers and Exporters.
7, Queen's Rd. Central:
Tel. 2108 and 2905.
EDWARD MOW FUNG. Import & Export Merchant.
Hoogkong Observatory, Nov. 25, 1920. detective a roll of bank notes be Tel. 1676.
1. BAROMETER, redored to 31 degrees Fahrenheit, on the level of the ses in inches, tenths and hundredths,
TEXPERATURE, in the shade in de: grees Fahrenheit.
3. Emory, in percentage of safura-
had picked up from the door, affirming his intention to hard the money in at the tramway office where the owner could claim it.
60, Des Vix Rd. Ct.
THE KWONG KWUL Photographic Suppliers.
The detective informed Magistrate Tel. 2170. 50, Queen's Rd. Central
tion the humidity of air saturated with Smith moisture being 100.
his
this morning that when. the conductor persisted in DIRICTION OF WE, to two points, refusal to show him the money ------ FORLE OF WIND, Secox sing to
be caught him by the front Beadford Sole.
of the
whereupon coat, 5. STATE OF WEATHER, b blue sky, c detached clord à drimling rain, E fog, conductor struck him over the right
g gloomy, h bail. I lightning, overrast
P passing showers, q equal?, e rain, s suɑw i thunder v visibility w dew, wet.
7 Rats in toches tenths and ham dredths.
HONGKONG TIDES.
eye.
LAZARUS, N. Opticians.
the Tel. 2203. 28, Queen's Rd. Central..
The conductor denied the assault and explained that the detective might have received the injury
to
his eye when the car was stopped with a jerk by the sudden; application of the brakes. When he learned the detective's identity be showed him the notes as requested: Tel. The tide-table xiveo below has been and later handed them in at the upiled at the National Almanac Office
-
in London from the result of the analysis office.
Mr. Turner, who appeared for the
LOCK HING.
Curio Dealers.
33, Queen's Rd. Central.
HUMEYA & SANO... Japanese Photographers. 254.
8A, Queen's Rd, Central,
STANLEY & CO, U. Importers and Exporters.
at observations taken by means of an
utomatic tie-recording machine in the conductor said that it was the Water Police Basin at Telm Sha Tsud practice for tram conductors when Tel. 969.
furing the year 1909-9.
the cars!
it in at the office.
38-40, Queen's Rd. CtL
The sero of the tabla corresponds with they found money on
hand to the sero of the sounding in the Admiralty Chart, which has been found to be 4 feet An advertisement world then be Lt.Comdr. and MrMr M. R. L. Logan
Mr P. J. Maittard inch below mean cos-level:
inserted in the papers, and if after a 8. F. Bryant
Mr C. P. Marcel
To obtain the depth of water on the time, the money was not claimed, it Mr G. F. Caville
Mr H. L. Mecklen.
tide gange at the Victoria Naval Yard was given to the conductor who Mr Red Mrs T. W.Mrs McAish
Church dd 3. feet inches, and on the gauge picked it up. In this case $15 was Mr & Mrs Cockburn bargh at Lamont Dock, Aberdeen, add 10 feet
Mr C. F. Cooper <inches to the befight given in the table, picked up by the defendant.
November 25 to December 1, 1820.
HIGH Watza
the children who live on the lower jeve's are considered.. These have to attend school, some up Garden Road, Sat at times when motor traffic is at its height.
$
Hongkong
LOW WATER
Hongkong
Height
Hears
33 47 a
19
150
The Magistrate said that he did Mir Cormack
Mr and Mrs C.
Morgan
C.M.G, D.S.0.
Mrs M. Miller Capt H. 8. Mills
not believe that having been assault- Cast & Mrs Carson Col. LA. Nicholson, ed as he alleged he was, the detec- Mr. B. Crowley tive would have remained on the Mr D. F. Cuthill car as long as he did. The conduc. KrJ. D. Danby
Eng.-Condr F. Capt. & Mrs Mercer
Miss Oliver -Dewacu tor would therefore be discharged.
Mr and Mrs F. J.Mr E. Ralphs
Dickie
Mr. J. B. Robinson Inspector Garrod of the Traffic Dr L. Danilan Mr H W. Roger Department, Central Police Station, Capt. & Mrs Dougla Major & Mr Sanders requests us to mention that the MD, D. Dryden Mr C. & Sandstrom restriction on hiring motor cars Mr & Mr Jasr and Mrs W.
Dancan
Schofie'd running after 1 am, will be suspender & Mrs Dannett Hon. Mr. H.Sharp ed on the night of November 30 and M. Eldridge Mr E. P. tha
Lt. Comdr. and Mrs December 2. for the convenience of HG. E. Elamis
-immons those attending the St. Andrew's Mrand Mrs Ensign
Mr A. Findlay Emith Bail.
MrAY. Farmer. Mr H. Spicer Mr C. Farmer
Mr Marray Stewart Mr J. Farrier - Mms & MissStabkings Rev. W. T. Feather-Mr J. P. Swindells
- Mr and Mrs 5. J.
Strett
PEAK HOTEL
November 17.
Mr and Mrs H. W.Mr & Mrs Jonkia
Me and Mr J. K.: Alleu
-Jolly
Mr
HONGKONG REGISTER.
Preis O datest On date at
4 Auth 1 p. 1:3 p.k.
· 29 01 20.01
78
20.00 12
Capt. Archer
72
85
Mr & Mrs Ashton
Mix Backer
Mr RL. O. Bird
1
1:
Kr Birkett
b
Mr and Mrs D.
K.Capt
0.00
0.00 0,00
Lambert
Mr M. J.Breen
Mr R. G. Lewis
The danger can well be Mox and I see no reason why he should similar offence) to three months Sir, I have read with considerable not have examined them before hard labour and the second defendant interest the various comments on the imagines. Many of these are child- Tem 20
bathing beach and motor road ques rea of men who helped to keep the contracting to purchase.
tions and I would like to air my flag flying and who cannot afford to provide mahs. to escort them to "sneri." ". Revenue Officer Ward of the
In company with a friend, who bad school. It may be within recollec not see how a reasonable jury could Government Monopolis Department have found otherwise. Some allow- acce the plaintiff may have been had a very successful day yesterday.a large family, we used the North tion that when a few ricshas were On board the ss. "Kaijo Maru" he Point bathing beach almost every allowed to run on the Peak an addi- entitled to; but he had no right to
seized 1,700 taels of prepared non-afternoon during the season, as, un- tional recreation ground was immedi- repudiate.
Government opium, and on the s.a. fortunately, we were not able to afford ately provided for the children. Those
Fatshan" another 390 taels. Later to take our children to Repulse Bay less fortunate, but equally deserving Barometer... is with great of consideration, who live lower Temperatare in the day he searched the ss or Stonecutter's and
"Kwangei" and seized 20,000 consternation I have read of the down" have no recreation ground in Hamidity
! Wind......! cigarettes on which duty had not Government's decision to deprive us spite of all dangers from tram cars Direction of dealt with them in a manner
been paid. In each instance however, of it. I consider it very selfish and and motor cars, and now it is proposed Fore faconsistent with the ownership of he failed to secure the owner of the 1 hope the public will not tolerate to take away the one spot where they Weather the defendants, and he must be pre
contraband.
this loss without making a big effort can play with safety. Will not one Rain........... med to have taken them as his
to retain our bathing beach. The of our Unofficial. Members take up Gown goods on the principle of Chap-
It was ordered that $120 paid into men of the services use it to a great the cudgels on behalf of these child- anv. Merton 11 M & W. 534.
With thanks for inserting the above. There can be no question here of an court be returned to. the defendant; {entent, but I would more particularly ren?
and $2.176, the proceeds of sale, paid appeal on behalf of the children who
Yours, etc., #gency by necemity.
MOTHER.
selling the 800 cases as he did
There must be judgment for the in by plastiff on August 25 be will be deprived of many pleasant "defendant with cost.
returned to the plaintiff.
hours and healthy recreation:
70
Highest open, afri Tamperstars on the 26th-74 Levast open sing Tempenbara os the k
2. T. GLAXTOS, Director." Tongtong Observatory Kor. 15, 1950,
W. Les Jouer Mr Konkolevky Mes and. Miss Kon
kolovsky
Mr J. G. Bridgwe Mr T. D. Lloyd
t
Miss Ensign
storie
Miss Gibson
Mr EL Greenwood M. Gen. F. Ventrie Mr and Mrs W. B. CB.
Groskamp
Mr and Mr B.
Hals
Mr B. C. Hale Mr D. Hal Mie L Baneen
B. Major Harding
Mr E. Walds
Mr. RA. Walter Mr H H. Webster
Mr F. & Weller
Me A Wilkinson »
MrH. P. Williams Me de Miry Winfeld
Mr Hollingsworth Mr nod Meşkarshai-- Mr & Mrs H. Hunter Wood
Major BB. Young-
Priored and Published for THE CONCERNED OF GEORGE WILLIAM CADE BURNETT, Editor, No. 5, Wyndham Street, Hongkong,
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