1921-07-28 — Page 5

THURSDAY, JULY 28, 1521.

GABLE ANDERM

ad Xוס

"Mezcal" BlackOne,

LEG KI EMT100

BETHLETS

2. For

MAX10X2

TELEPIACORD

MERCURY MOTOR CAR doma 110

-CO.

59-61 Des Voeux Road Central

COURT MARTIAL.

HONGKONG.

WILTE, OFFICER CHARGED,

QUESTION OF REGIMENTAL FUNDS.

MISAPPROPRIATION ALLEGED,

MUN BRANCH a) BHO LOOM

KORIBOJ NJAN 1,

BLANCH

- } 2001 WEST Pale FRANCA 3443

WORE STOP

23

MOTOR BOAT SALE,

AUCTIONEER SUED.

LEGAL ARGUMENT.

THE CHINA MAIL.

PERU'S CENTENARY.

LOCAL CELEBRATION.

To-day is the centenary of the! foundation of the Republic of Peru, and the Consul General held * reception in com++ memoration of the event in the rocms of the Consulate, Alexandra Buildings, at noon The following

called to

pay

North,

TO-DAY'S ADVERTISEMENTS.

IMPORTS AND EXPORTS OFFICE

GENERAL HOLIDAY.

TUM OFFICE 3 be spen (uz

pod from. 12 No MoxNDAY, the TT Aug, 191 Led Ware Lounge will he antifały chased, sa that day

N. L SHI, Aaperiatendent,

Import Exporte Holoer. Jay D. 191

BANK HOLIDAY.

ww

Legal argument was heard before the Puisce Judge, (Mr. J. R. Wood) in the Summary Court, this morning in the case in which Mr. Lee Nagel, merchant, of 32, Morrison Hill gentlemen Road sued Messrs. Lamatert Bros, their respecta: Mr. auctioneers, of Duddell Street for Private Secretary to HE the Gover of 1912, the EXCHANGE BANKS IN accordance with Celinanos No. 5 $533, of which $425 was for money nor, the Hon. Dr. Claud Severn will be CLOSED for the Transaction of received by the defendants RCM.G, the Postmaster General. PUBLIC BUSINESS on MONDAY, agents for the plaintiff, and $108 H H. Mr. Justice Gomperts, Mr. G. the 1st August, 1921. money expended by the plaintiff, on H. Wakeman, Mr. E. D. C. Wolfe. the care of the motor boat "Dat Commodore Bowden Smith, Hon. Lee." Alternatively, the plaintiff Mr. J. H. Kemp, Major- c'aimed $533 for negligence.

General Sir G. M. Kirkpatrick, Hon. Mr. Watson (of Messrs. Johnson, Mr. T. L. Perkins, Hon. Mr. Lau Stokes and Master) represented the Chu Fak, Hon. Mr. C McL plaintiff and Mr. A. FL Crew (of Messer, Licut.

Conway Messrs. Hastings and Hastings) ap- Mr. N. L Smith and all the Hake, peared for the defendants.

members of the Consular Body,

Stubbs, K.C.M.G., sent bia card.

H.E. the Governor Sir Reginald

not be

IRRIYILA.

leaving a credit of $4.30. The re- mainder of this page up to February 14 should have been a mere copy of slip "K" which would be produced later. The copy was correct except that for February 11 $23 was shown on Mr. Watson, discussing the ques slip "K" where $1870 was shown tion whether or not the contract was in Lieut. Thompson's book. Slip enforceable, submitted that the de "K" the witress explained, was fendant should have the money, and banded him on February 12, by not having it, had been negligent. Lance Corp. Realff and represented Alter quoting legal authorities, LATEST SHIPPING NEWS. At Victoria Barracks this morning the cinema takings from January 17 counsel contended that in an action Lieutenant A. E. Thompson of the to February 9. Witness banded the of this sort the validity of the 2nd Wilts. Regiment was tried by Lieit. Thompson when the latter gone into because both parties to

slip to Captain Betts to give to original contract could court martial прост charges returned arising out of the alleged misappro- told Capt. Betts not to make any Court and they did not know what Shearer. 1,047 tons, arrived this camp. Witness the contract were not before the The "Devawongse," Capt. priation of regimer:al funds com entries in Lieut. Thompson's books was in the mind of the purchaser. morning at 6 am. from Saigon with mited to his care.

The court was composed as fol bat to make the entries on a separate It was essential that they should 2,000 tons of rice. lows President, Col.

slip. A few days later Lieut. Thomp- know the intentions of both parties Clementi Smith, 22nd Punjabis; members: there

son returned and told witness that before they could decide whether the Major II. M. Edwards DS.O, RE bank than was accounted for on the or not.

was $23 mcre in the contract for sale was still effective Major W. S. Downing, R.G.A.; Major slip. Witness found that there was auctioneer," continued counsel "is "My case against the Bageal R.GA.; Captain Leslie Smith, 22nd Punjabis; Judge ad-slip in his (witness) own handwriting professional skill I ask him, to do an entry of $23 on the back of the that he is negligent. Relying on his Tocate; Major Hickling DSO.; } Prosecutor. Captain A. H. Bleckly. and be explained this to Lieut. certain things for me and he fails."

be

was

Thompson.

from

Three of the charges alleged that during February. April and May, Major Timmis said that Lieut, Cross-examined by Mr. Tinson, Lieut. Thompson, being concerned Thompson's predecessor in charge of the are of regimental money the R.A. Cinema accounts was Lieut. fraudulently misapplied to his own use! Denne who handed them over early sums of money amounting to in December last. $127.10. Alternatively

When witness charged with (1) neglect to the pre-over the accounts he had no suspicion instructed Lieut. Thompson to hand judice of good order and military that there was anything wrong with discipline, (2) disobedience of the them. There were also a company lawful command of a superior officer in that he falled to bank the money sergeant major, a lance corporal be received weekly when ordered

and a private concerned with the do so by Major Tiams and (3) to supervise the takings and act as theatre. The warrant officer's duty was making a false entry.

operator. The lance corporal had

The accused, on whose behall Mr. G. G. N. Tinson appeared, entered a plead of guilty on all counts.

Major Timmis, president of the

was

The ss. "Kishu Maru," Captain Ohuchi, 1,567 46 tons, arrived this with 1,900 tons of coal. morning at 6.35 am. from Keelung.

The ss "Caddopeak," Capt. G. B. Genercaux, 1769 tors, arrived this morning at 6.45 am, from Swatow with 340 toss of general cargo.

DEPARTURE.

His Honour: Let us assume that hare got to show more than that, the auctioneer was negligent. You You have got to show that in con sequence of his negligence you have suffered loss. That is your difficulty The ss. "Laisang." Capt. Skinner, here, to my mind. I put it to you sailed for Calcutta via Singapore at plaintiff's loss is due directly to the general cargo. that you have to say that the 3 p., today with 2,000 tons of defendants

Now party Το contract which is not enforced be bas suffered no loss,

the

conduct. plaintiff is

it

2

if the auctioneer did his duty.

Mr. Watson: That would be so

His Honour: If he is party to a

for

sailed for Shanghai via Swatow at 4 The 5.5. "Sooping, Capt. Wavell,

eral and through cargo. p.m., to-day with 2,000 tons of gen-

Schlette, sailed for Belawan Deli via

The $4. "Van Singapore at 4 p.m. to-day with 2,000 Cicon," Capt.

tons of general and 210 tons of through cargo.

CLEARANCES.

usually to assist in collecting money contract that can be enforced then at the door and to hand over the prima facie he has suffered a loss. takings to the officer in charge; if Therefore it seems to me that the Regimental Cinema Fund, was the

on duty at the cinema he was fundamental question is whether first witness

He

responsible for the money from the this contract called.

sale between beginnig to give his evidence from handed over to the officer in charge, was not an enforceable contract.

time it was taken to the time it was the plaintiff and purchaser was or written notes when Mr. Tinson made objection. Counsel pointed out that,

The duties of the officer in Mr. Watson: I was coming to the witness was not entitled to refresh charge were to take over the that afterwards. My preliminary

Tte s.9. "Shinsei Maru No. 2 his memory unless the notes used Corporal, check it with the chit the validity of the contract cannot be for Tameni at 5 am. tomorrow.

money handed to him by the Lance point is that this is a case where the Japan, cleared to-day and will sail were made at the time that the latter brought to him, and enter the entered into. Through the negligence events of which they spoke occured.

The Court, after looking up the mount in his cash book. Provided of the defendant we have The 4.8. "Sowa Maru," Jan, clear. Law on the subject, upheld the the amounts entered in the cast book had no opportunity of dealing with ed to-day and will sail for Seattle via objection and Major Timmis was there could be no charge of misap- If the order had been presented and

tallled with the amount of the chits this contract as we would have done. Manila at 11 a.m. to-morrow. instructed to give his evidence impropriation made. When spoken to refused we could have enforced the about banking the money Lieut. contract or we could have had the Thompson never satisfied witness boat. that he did not have time to do it.

promptu.

the

Proceeding be said that on about May 10 he told Lieut. Thompson, who was in charge of the RA. cinema, to

Company Sergt. Major Holicway the boat.

His Renour: You have never last band over his accounts. The latter said that he would prefer to hand said that he supervised the regimental

Mr. Watson: Through them over at the end of the monthcedure adopted in connection with is quite useless.

cinema. Witness detailed the pro negligence of the defendant the boat and witness was struck by the fact the sale of tickets and the checking that he appeared uncomfortable over af cash receipts. It was customary deteriorate?

His Honour: Who allowed it to the matter. Wirness explained that it would be more convenient for a chit showing the total Mr. for an officer living on the Peak to amount received

handed in.

not

taker.

at the same

The case is proceeding.

a week or two of the sale the plaintiff could have taken legal advice to en- force the contract or have got his boat back in decent conditon.

sale, Mr. Watson contended that the Regarding the advertisement of the

invitation to a chaser to examine the

was under cover a few hundred yards away was only a commonsense pro- tective measure.

The 3.5. "Yannis" which cleared. for Sandakan had to put back into Hongkong last night owing to engine trouble. She will resume her journey this evening.

It

T

Hongkong, July 27, 1921,

NOTICE.

ST MEMBER of the BRITISH LEGION who is dosirous of attending the Icsuguration ion rat the Boycrore Borer, en THURSDAY, 4th of August, 1991; if he has not already done so, is requested to notify the undersigned of his fatention to be prezent

A. G. LAMPLUCH, c'e Union Insurance Society of Canton. Hongkong, Bongbong. July 28, 1921.

STRUTHERS AND DIXON, INC.

NOTICE TO CONSIGNEES.

SS. "WEST HENSHAW," From SAN FRANCISCO and LOS ANGELES.

THE Steamship

"WEST HENSHAW," having arrived from San Francisco & Los Angeles via ports on July 28th, 1921, Consignees are hereby notified that their cargo is being landed at their risk into the Godowns of the Ron Shan Godown Co., Nos. 16 & 17, Kennedy Praya, Hongkong. and stored at consignees' risk.

Consignees of Cargó must produce Superintendent of Imports and Ex- an Import Permit signed by the

parts, Hongkong, before Bills of, Lading will be countersigned. .

where it will be examined at 10 am. All broken, chafed and damaged

on 2nd Aug. 1921, by the Company's cargo is to be left in the Godowns

Surveyors, Messrs. Carmichael Clarke.

All claims must be presented within ten days of the steamer's arrival here, after which they cannot be recognised. No claims will be recognised after the goods have left the Godowns and cargo undelivered and after 3rd August, 1921, will be subject to reat,

No Fire Insurance whatever will be effected.

ATI

Consignees are requested to send in their Bills of Lading in exchange for Delivery Orders immediately.

STRUTHERS & DIXON, INC.

Agents for TT, S. 3. E Emergency Fleet Corporation.. Hongkong, July 28, 1921.

TO SECRETARIES OF CLUBS AND OTHER INSTITUTIONS.

ALL

LL. prežminary notices of forth-

coming meetings, lectures and j entertainments, sent for insertion in the news columns of the China Mail,

La

last year) providing that they do not His Honour: The root of the ques-occupy more than four lines. tion to my mind is whether it is an future if this space is exceeded they enforceable contract or not.

will be placed in the advertising: columns at the prevailing ratza.

After having been out for rearly- generating plant of the The Sua a week, the workers in the electricity

Times the strike has been peacefully Company have returned to work. Evidently comments to-day's Carton

settled but the Hotel Asia next door which depends upon the same planti for electricity to run its elevators and

and lack of accommodation with no for the lights, has lost many of its guests on account of poor service

electricity.

HUMORIST'S DERBY!

supposed that as a matter of fact the order was lost the day after it was Watson: It deteriorated received. to be taken through natural causes. The boat along to Lieut. Thompson take over the running of the accounts.

to is now valueless and I suggest that it auctioneer in this

was the duty of the Two or three days afterwards witness

gether with the money daily. is the negligence of the defendant in person

case as the asked Liant. McDonald if he had, witness had on about a dozen causing this action to be held up for livery of the goods ao the purchaser are-charged for at the rate of $1 each,

Hable to give de in accordance with witness's instruccasions checked the number of a year that is responsible. If the because he was selling for an un- (as announced in May and Juse of tions, taken over the accounts from seats occupied but had never dis defendant had presented the order disclosed principal, added counsel Lieut. Thompson. Lieut. Mc- covered any discrepancy in the cast and then informed the plaintiff within Donald said he bad

In reply to questions by Mr. Tinson taken them over because Lieut. Thompson had suggested he should the witness said that overnight the not hand them over until the end of money was kept by Lance Corporal

Mr. Crew: I do not think that the month. Witness then sent a

Realff who was one of the theatre staff.

matters to my case which I pot third order to Lieut. Thompson and On one or two occasions it had been

higher than that. The real case is, Has Mr. Nagel suffered damage from the latter handed the accounts over, kept by Private Whittaker, another

prospective pur. my client's negligence? It is imma On checking the accounts over member of the staff. Between the with the amount banked and the its handing over to Lieut. Thompson from afterwards calling to question net enforceable my case is doubly boat terial to my case whether the con- witness found that the takings agreed time it was checked and the time of

prevented the actual purchaser tract is enforceable or not. If it is petty cash expenses but he noticed Lance Corporal Thealff was generally that the condition of the boat was į sound. that the receipts for April, amount-in charge of it. Witness had been ing to over $400, had not been supervising the cinema since it began the advertisement as to running brought the bearing to 1. p.m. his not in accordance with the terms of After further legal argument had banked until May 13. Witness bad working. The chit handed over to order. As the boat was in fact in Honour expressed a desire to hear ordered Lieut Thompson on more Lient Thompson was made out: than one occasion to bank at least immediately after the money had of any warranty or stipulation in the adjourned the case until Wednesday running order there was no breach Mr. Crew on several points and once a week as it was not advisable been checked and to leave a lot of money lying about. time the amount of it was entered in advertisement. The mere fact that afternoon next. On further examining the accounts private book kept by Pte. Whit the magneto was not in the boat but witness recalled an estimate which had been furnished by Private Whittaker for the purpose of showing what the cinema takings should have been during April He found that this was over $103 his more than the takings entered by

engineer. Lient. Thompson. Asked where he got his estimate from Whittaker produced a duplicate copy of the daily Inspector Appleton this morning Lakings. On comparing this with charged a Chinese before Magistrate

Mr. Crew: 1 am not disputing | Lieut. Thompson's account witness Orme with having trespassed into that in this case of course. The found a difference of over a hundred the servants quarters of the Hong- property passes when cash is paid dollars between the two, Pte. kong University yesterday evening No cash was ever paid in this case. Whittaker showing a total of The Inspector said that in view of Mr. Watson: I say that the pro- $569 and Lieut. Thompson a total of the numerous larcenies which had perty passes when the hammer falls. $466. On looking further back been committed at the University, Mr. Watson then proceeded to witness found that in February the particularly the fact that only on the elaborate his contention that the sale two booka did not agree. The tak previous pight TWO electric was completed with the fall of the ingsfor February 21, showo as,#10.70 | table fans had been stolen himmer, asserting that the bid was in Lieut. Thompson's book, and $25.10 from the office; entrance to the offer and the fall of the hammer in Pie Whittaker's book were shown which was gained by breaking a glass the Kcceptance. The purchaser at the end of the month in Lieutenant window, he would ask that, a serious bad then to accept the goods and sue Thompson's boot, instead of in the view be taken of the matter. on the warranty. #reper place.

Although, of course, he could not a Honour: If a property passes Witnem went for Lieut. Thompson connect the accused with the theft of a new situation arises altogether. -and asked him if he could give any the fans. The accused, continued Mr. Watson: It was up to the emplanaŭles. He replied to the the inspector, was at one time.em-purchaser either to sue on this-war- allest that he had nothing to say ployed at the University, but was disranty or if the seller sved him for: about it. The were further die missed a couple of monts go for the price then he could have pued repancies in May and to again check bringing prostitutes in the pre for damages for breach of warranty, Mig over the two books witness found) mises. The accused said that he The contract- kaving been com what in the beginning of January the went there on the lavitation of one pleted, wild Mr. Watson at a later takings were $18:30. The amout of the groundsmen. This wax-not- stage, it was the jury of the DC- said sat for expenses from the second corroborated and the magistrate fined joneer to take step to enforce when to the fourth of January was $12 the man $15 or 21 days hard labour, they received the money, hat, he

Mr. J. L. D. Stuart has passed examination as Årst class

Having been invited to inspect the the boat the purchaser could not say the contract was invalid. Under the Sale of Goods Act when the con- tract was completed the property was passed and the condition became the warranty.

•

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