1921-07-25 — Page 5

MONDAY JULY 25, 1971.

CABLE ABORTOLI

* BUCURY” Haxokona FADIL THES

A.RG. Fru Eption

WISTEAN ORION

BENTLEY'S

1. K. Forva KANGEN

TELEPRONKS

MERCURY MOTOR CAR KELL OFFICE 1343

-00.

59-61 Des Voeux Road Central,

HONGKONG.

FULL COURT APPEAL.

(Continued from Paze 4.)

hold that as a matter of law, there was no case to answer, nothing in short to be left to a jury.

MAIN BACK

So Book

BORISSON ROA

SAATCH

WEST POTTI BRANCH 1563 WORK SHOP

I have come to my present con clusion with much healtation and dificulty; but after the most careful and anxious consideration I can come to no other. There must be

an order for a new trial.

THE PUISNE JUDGE,

BASEBALL

www.

SATURDAY'S GREAT GAME.

-

THE CHINA MAIL.

Americans Defeat Japanese 22-7. The great baseball game between the Americans and Japanese, 10 eagerly anticipated by local fans of the sport. was played according to schedule on the Happy Valley Sround on Saturday afternoon, in spite of the boisterous weather and the threat of a typhous. There was an encouraging attendance at least 1,000 spectators, it is estimated-and had it not been for the imminent threat of rain there would undoubtedly have been a larger crowd, as great interest has long been taken in the match by the rival partisans,

Rosement was keen 00 the ground Saturday afternoon,

од

LOCAL RED-ONERAL,

one

An interim dividend of shilling per share on account of the year 1921 has been declared by the Hongkong Tramway Co., Ltd.

A Chinese woman who is alleged to have attempted to poison herself by taking opium was yesterday re- moved to the Tung Wah Hospital where she is now making favourable progress towards recovery.

Having left his freewheel bleycle, valued at $60, on the stand at the Star ferry wharf at Kowloon, at 9.30 am,co Saturday, Mr. R. Silva, of No. 21 Cameron Road, found it gone when he returned at 1 p.m.

Six months at the Laicheekok as the American team was known to jail for youthful offenders was the have been in bard training and the sentence passed by Magistrate Orme Japanese side included several well-this morning on a small Chinese boy, known university players. Hopes released from prison only a couple that the match would be an interest. of weeks ago, who was convicted of ing one were not disappointed, having picked the pocket of a mau 14 though it did not prove so close as in Shanghai Street, Yanmati, stealing

The Japanese team was little out of practice, 45 and notwithstanding heroic efforts, was outclassed by the Americans whose heavy hitting, a source of delight to its supporters, was too much for its opponents.

The Puisne Judge said: "I agree that the judgment appealed from some anticipated. In my opinion on the case as it must be set aside. Once it has been stood there was in law a case: not a postulated that the "Luen On strong one, but something that re-seaworthy, it is agreed that this quired to be met. As a judge of fac: Court will presume that she was lost however, exercising the functions of through foundering at sea. I am a jury and availing myself of the or satisfied from Captain Wheeler's dinary knowledge of a layman with evidence that a belt of bad weather,

Lake playing first base for the some small experience of local waters which was particularly dangerous Americans did excellent work I found myself in this position: I was to her, was waiting for her towards Appel was consistently good as unable to find as a matter of fact the end of her projected voyage pitcher and Kock as catcher. The

is

сп reasonable that the vessel was lost by a perit in. It sured against. I was in doubt as to probabilities of events, is the absence other players all acquitted them whether he was or was not,

of direct evidence, to find as a fact, selves with credit.

The Japanese did their manful that being a well found ship she would have reached this area. I do best, losing creditably, Sugase, one hot say that, if these propositions be of the best known university players accepted, all doubts as to the circum-from Japan, pitched for them. stances surrounding the fate of the Others who played well included Luen On" are set at rest; but it Une, Ichioka, Rano, and Yamasaki, does seem to me that they give rise each of whom has a very sound

college reputation.

In these circumstances it seemed to The useless to call on the defendants for their evidence and I entered judg.

ment for them.

Whether I drew the right inference of fact from the evidence before me. is of course a question for this Court,

the

The Americans won by 22 to 7.

KWANGS WAR.

NANNING OCCUPIED.

LUNGCHOW ALSO ENTERED.

50 cents.

Bound for Singapore with a large number of Chinese coolies aboard the ss. "Luchow put into Hong kong to-day and landed her Chief Officer (Mr. E. T: Stringer) who was suddenly seized with an acute attack

TO-DAY'S. ADVERTISEMENTS.

PUBLIC AUCTIONS.

TE Undersigned bave received in stractions to sell by Public Auc-

tion

03

TUESDAY, July 28, 1921,

commencing at II a.

at the Gudowns of the Yaumati Godown Co, Yaumati,

39 coils Galvanized Wire, 20 kegs Wire Naila Terms: Cash on delivery.

LAMMERT BROS., Auctioneers.

On

FRIDAY, July 29, 1821. Commencing at 2.30 p.m. their Bales Rooms, Duddall Street- A Very Fine and Superior Feliction of Genuins Old Carles, Comprising

Porcelain Vases, Ginger jare, Beakers, Bowls, Wine cups, Josses, Wall plates, Inlaid panels, Flower pots of Karghi to Towkwong Periods.

Enamelled and Cloisonne Plates and of appendicitis. Mr. Stringer was Vases, Bronze Fases and inomse taken to the Peak Hospital and on barners, Crystal, Agate and Jade inquiry there this afternoon it was Figures and Orsamente, learned that his condition was "much about the same.”

Arthur Ybaria, a member of the

Also

Ons Yellow Vase-Kanghi. Four Jade inlaid Flacqces-Kienlung.

crew of the USS "Hart" was ar rested on Saturday night by the houses in Spring Wanchai police for throwing bomb crackers into Garden Lane. He was allowed per- Jalg.

sonal ball in the sum of $5. This morning be failed to appear before the | Magistrate to answer a charge of disorderly conduct and his bail was estreated.

I will say at once that in my to a substantial probability in favour opinion the only peril not covered by of the inference that she was lost the policy here which need be seriously through stress of weather after of the taken into account is that of collision.! encountering conditions

observed by Captain I was argued that in case of character collision there is usually a report or Wheeler. This constitutes a loss

Between 6 and 7 a m. on Satur other evidence available to prove the 'though winds or waves," that is, a

day a white linea table cloth valued fact. But even a layman with ex-loss within the perils named in the

at $12, which had been spread out to dry in the dining room window perience of the local waters knows policy of insurance on which the that on the coast and some way out appellant has sued. In my opinion

was stolen from Nɔ. 25 Nathan Road, to sea large fleets of native craft are he has satisfactorily discharged the

Following the capture of Kwei the residence of Mr. Morley, Oa encountered by day and by night onus of proof laid upon him in these They frequently navigate without proceedings. I feel little doubt that Yuen and the reported collapse of Saturday night the drawing room of lights. Many of them are from. had the cases, which have been cited the Kwangsi defence, comes news. J. W. Kew's residence, No. 13, Macao or from ports in China. The to us been brought to the notice of published in the Canton Times that Wongue thong Road, was entered by the open window and 23 pieces of sability of their putting into Hong the learned Chief Justice in the the Cantonese troops have already kong to report a collision in which Court below supported the entered Nanning also Lunchow, a city

to which не the other vessel had sunk with all argument

have near the border separating Kwangsi After the fight of hands would seem to me as a judge listened, he would then have reached and Annam. of fact somewhat small.

the conclusion of fact which has not Lu Yung-ting, an invitation was been unanimously adopted in this received by the Cantonese troops from the Kwangsi Provincial Assem- Court."

bly, the Chamber of Commerce and other public organisations urging General Chen Ching-ming. com mander-in-chief of the Cantonese Army, to lead his forces into N80- ning to maintain public order in the

I enquired of plaintiff's counsel if he was calling any evidence on this point, but none was tendered.

To come now to my conclusion at the termination of the plaintiff's case. I found myself in this position. I am adopting the language of Bailhache J. in Munro v. War Risks Association 1918 2 K.B. at p.81. I was unable to say that the probabilities of the

by

The President: There will be an

order for a new trial, appellants to have the costs or these proceedings and the cost of the original proceed ings to rest on the result of the new trial.

Mr. Alabaster pointed out that the appellant bad already paid over the

The order for the payment of those costs was part of the judgment which had been set aside and the appellant was entitled, counsel submitted, to have the money refunded as the result of the appeal.

absence of the de ated and fugitive

warlord.

silver ornament valued at $85, stolen.

TO-DAY'S ADVERTISEMENTS.

———————

HONGKONG TRAMWAY COMPANY,

LIMITED.

(Incorporated in the United Kingdom)

NOTICE IS HEREBY GIVEN that

INTERIM DIVIDEND of

And

A few pieces of Scochow Redwood-ware.

On view from Thursday, the 25

Catalogues will be issued. Terms: Cash on delivery.

LAMMERT BROS..

Auctioneers.

Hongkong, July 23, 1921.

NOTICES

CANN & TAYLOR'S

AUTOGRAPH" CLUBS

LEFT & RIGHT HAND.

DRIVERS.

MASHIES.

MID - IRONS.

GOLF

NIBLICKS.

PUTTERS.

JIGGERS.

BALL PAINT.

SPORTS.DEPT.

LANE, CRAWFORD & CO.

COLUMBIA

A7520

A 7516

MOYO KISEN KAISHA.

NOTICE TO CONSIGNEES..

A 7517

A B155

THE Steamship

“PERSIA MARU,” From SAN FRANCISCO, via HONO- LULU, JAPAN PORTS & DAIREN,

The above named Steamer having arrived on Monday, the 15th July, 1921, contigress of cargo ars hereby notified to present their Bills of Lading for immediate dalivery from alongside steamer or the

contrinsime, and take

Company's Godown, where all carge impeding immediate discharge will be landed at consignees' risk.

ba

στ

cargo remaining undelivered after

No claims will

The Canton paper, exulting that ONE SHILLING per share on account, Monday, 1st August, 1931. sinking of the "Luca On" by a peril taxed costs of the original trial," the Kwangsi military machine has / of the year 1921, has been declared. All broken, chafed and damaged pack The DIVIDEND will be payable ones will be landed into the Company's been crushed beyond hope of re covery, a terrible blow to the legal and after WEDNESDAY, the 24th, down where samo will be examined a government in Peking," declares that day of August. 1921, to Shareholders Tuesday, End August, at 10 AM. Kwangtung's task is still unfinished, on the Register on TUESDAY, the as the people of Kwangsi will have 9th day of August, 1921, and will be to be assisted to attain self-govern-paid to Shareholders on the Colonial meat in order to insure that the pro- (Hongkong) Register at the exchange vince does not fall into the hands of a rate of 2/7 per Dollar. "Hereafter,

By Order of the Board, military party again.

W. E. ROBERTS, Secretary. Benglong, July 25, 1891-

insured against were so great that I ought to hold that as a matter of fact she was so sank. I thought she might have been but I could not say that she was. Equally I could not say that she was not.

There is no essential difference as regards onus

of proof between claims on marine insurance policies, and claims on other contracts.

I felt bound therefore to enter judg ment for the defendants.

Mr. Jerkin said that as it was hoped the new trial would take place early next month the appellant would if successful, only have a week to wait for his money in any

case,

the task of the Cantonese troops will be to clean the province of brigand- age by lesser Kwangsi militarists an interference with the programme of reconstruc- Mr. Alabaster: About four thou- tion and reform which the Cantonese sand dollars.

are going to introduce in the province."

The acting Chief Justice (to Mr. Alabaster) What do these costs who may prove amount to?

The acting chief Justice: What are your taxed costs here?

Mr.

Alabaster: I haven't the remotest Hea.

The matter has beer now re-argued before the Full Court, and I have had the advantage of discussing the facts exhaustively with my learned brethren. The salient features of the case are two. The first is the state of the weather. I am inclined to kold or further careful consideration that, leaving out for the moment the question of collision, it is more than probable that the "Luen Oa "had an appreciable stretch of stormy water to cross before she reached shelter." I could wish that the Mr. Alabaster: I do not, think, evidence on this point were more baving regard to the attitude with complete but I am satisfied that which this Company has treated us the weather reported by Captain throughout, that they would have They given us any concession. would not have consented to a stay of execution.

Wheeler

од

the 18:1

must

Mr. Jenkin pointed out that the costs were paid over without demur by the appellant and so stay of execution was asked for.

After further discussion the Pre-

have been preceded by, at any rate a beavy swell in the open water. This being on the beam would reduce her speed, and I conclude that for sident intimated that an order would material portion of her voyage she be made for the refunding of the was in weather which a master costs within fourteen days. maricer of proved experience con

sidered particularly dangerous for a

vessel of her type.

"MUI TSAL"

If other perils are ruled out I think | THE SUGGESTIONS MADE BY

that a jury would have no difficulty

in finding that heavy weather was

the cause of loss. Is it possible to

rule out or reduce to a negligible

ME POLLOCK,

MR. LAU CHU PAK'S VIEWS.

quantity the possibility of collision?! This morning's Daily Fress contain In the first place I think that the ed a letter from the Hon. Mr. H. E. presumption of a well-found vessel Pollock, K. C. putting forward num. crossing a calm area in safety ber of suggestions which the writer is very great. Again it is material urged should be considered by the

The Canton Times also claims that the want of hard cash did much to help Kwangsi lose the war and care- ful finance to help Kwangtung win it

GERMAN COMMERCIAL

PACT.

CANTON REFUSES RECOGNITION.

According to a notification issued by the Cantonese ministry of Foreign Affairs the commercial pact recently entered into between the German representatives and the Peking Government will not be recognis- ed. All German properties confiscated during the

WAY will the Canton Times says, "continue to remain in the custody of the Chinese until such time as relations are resumed between Germany and the legal government of China, when matters will then be discussed."

The body of a 2-month's old to remember that both parties, Chinese at their meeting next Satur. | Chinèse girl was found by the police insurers and insured, are Chinese day to discuss the mul tsal on an isolated piece of waste ground with sources of information open to question. When the attention of the near the Green Island Cement Co's them that are not equally available Hon. Mr. Lau Chu-nak was drawn to worka, dumped it is thought, to save to Europeans.. It is in evidence that it by China Mail reporter the funeral expenses. every enquiry has been made, but former said that the matters referred

that nothing can be ascertained to by Mr. Pollock would be embodied) An Indian chauffeur employed which throws light on the disappear in his address to the meeting and at No. 32, Austin Road, Kowloon, who acce of the vessel. I cannot but would be discussed under question left motor car No. 113 unattended think that if she had been in collision | six of* the agenda which outside the house for a few minutes with another vessel, whether that is .concerned with any other on Saturday evening, found on his vessel. had herself been sunk matters relating to the question return that the tool box had been by the collision or not, some of servant girls,” Mr. Lau Chu-pak broken open and 13 pieces of outfit, thing would have transpired, said that the various views and dis-valued at $35 stolen. some information would have been cussions which had appeared in the

obtained. On the whole "I think | Europeas' newspapers from time to] - For the unlawful possession of that I drew the wrong inferences of time would also de placed before 253 rounds of revolver ammunition, fact from the evidence then before the meeting. One of the mafuta Chinese who said that he had-bren me, and that my Judgment should objects of his address would be, Mr.refused permission to. land” in the "be set aside.';

Lan Chu pak hinted, to draw attention | United States, was this morning fined

*

Possibly I should not have come to the distinction existing between | $100 or aix, weeks' bard labour. The to the conclusion. I did, had the case the squi; tsai system and slavery... ammunition, he explained, had been. now made been presented to me at "There were, he said, no slaves in trumped on the ship by American the trial,

China.

passagers. He merely picked it up.

be recognised after goods have left the steamer or Godowe, and one will be entertained if presented later than three weeks after arrival

of steamer.

No Fire Insurance whatever will be exfected.

Y. TEUTSUMI,

Manager,

Hongkong. July 23, 1921.

There is not the least doubt in the world that

the best pictures, the best music, the best projection,

the most comfortable seats

are to be found at

E

THE

MPIR

LATE

WOPING THEATRE (Opposite Central Market)

THE ONLY REALLY COOL THEATRE IN THE COLONY |

Friends of the Coronet are earnestly requested ~ to patronise THE EMPIRE while the Little House undergoing repairs

An appeal to all who have enjoyed,

THE DEVIL'S PASSKEY!

Please let your friends know, what a erful picture this is, and let them ance, as it will be taken off after

TO MORROWI

OELEBRATED MARCHES

FLASHING GLORY

THE LIFE GUARD

FATHER OF VICTORY ITALIAN RIFLEMEN HIGH SCHOOL CADETS 'MARCH LORRAISE OUR DIRECTOR... CENTENNIAL WASHINGTON. POS

A17155 PETITS PIERROTS

Prince's Ban

ANDERSON'S

Bole Agents :--

(THE COLUMBIA SHOP.)

Suzuki & Co.

SAKURA

BEER

Alexandra Buildings.

Tel 468 & 467.

A Cheap Lamp is an Expensive Light A PHILIPS LAMP

Is A PERMANENT

ECONOMY

SOLE AGENTS-

Holland-China Trading Co

Hong Kong

BRITANNIA BEER.

Can't Be Beat.

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Export by the

FOR

WESTMINSTER BREWERY LIMITED

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OBTAINABLE AT

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