1926-07-13 — Page 1

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· No. 19,851 HÖNGKONG, TUESDAY, JULY 13, 1926.

THE COURT WRONG. HONGKONG HEAT.

CHIEF JUSTICE'S ADMISSION

TO-DAY.

A PECULIAR POSITION.

Solicitor Debarred From Conduct

of Case.

Án extraordinary position rose to-day in a Full Court of Appeal case at the Supreme Court when the Chief Justice, after argument by Mr. Eldon Potter. K.C., admitted that permission' to' allow a solicitor to conduct the ense for the respondent was wrong in law,

Sir 41. C. Gallan therefore allowed Mr. Potter's objection snd said that the Court was itself largely to blame in that they had Bot fully considered the law when Ethey allowed Mr. D. McCallum to appear in court to represent the respondent.

The case was pue which had aiready been heard in the Full Court of Appeal but their Lord- hishad indicated that they re-hearing including desired a

calling of evidence. The point which had been argued at the first Appeal Court was that Farlandlord was not liable for the Laurs of his agent when such acts were illegal and the agent had no direct or implied authority to commit them. The point arose out of alleged illegal acis in re gard to alleged damage to proper ty and harring up of premises by 1 rent colector, who failed to

speuré rent owing.

In the court this morning Mr. Potter finstructed by Mr. H. €. Macnamara) appeared for the ap- pellant for the setting aside of the order made against the landlord in the court below.

Mr. D. McCllum appeared to re- present the respondent.

Mr. Polter's "Argument. At the outset of the case Mr. Potter said that he felt it his duty to raise an objection. He did not wish in any way to em- barrass Mr. McCallum or their Lordships (Sir H. C. Gollan sat with the Puisne Judge, Mr. Justice Wood). The Court was

sitting in independent and not Summary jurisdiction, and Mr. McCallum had no right of audi- ence. He (Mr. Potter) would be lacking in his duty if he did not raise this important point.

Mr. Potter quoted sections of the Supreme Court Summary Jurisdiction Ordinance laying par- ticular emphasis on that part of it which stated "the Full Court shall have power on every appeal on questions of fact or questions of law to try the case de novo." The "Full Court" in that section, The claimed, meant a Full Court sitling in court of appeal. Their Lordships that "morning were sit- ting in appellant jurisdiction. It was on the appeal that they were trying the case de novo,

His Lordship commented that "Full Court" did not necessarily mean appeal court.

Mr. Potter: Ldid not say that

LOCAL WEDDING.

TWO HOTTEST DAYS OF THIS YEAR,

CEREMONY AT ST. JOSEPH'S CHURCH.

JARVIS ROTHE. ·

A pretty wedding was solemn-

ONLY NORMAL SUMMER.

"Phew! Hasn't it been hot those last few days." everybody is saying in Hongkong at the moment.

PRICE, $3.00 Per Month.

MOTOR ROUTE?

QUEEN'S ROAD LANDMARK DISAPPEARS.

OLD TREE REMOVED.

Having for long been ised at St. Joseph's Church, obstacle to traffic, and especially Garden Road, on Saturday, theto motor. vehicles, the tree

RX

in

In the sweltering heat, one well-contracting parties being Mr. Queen's Road Central; at tho! known resident refused to get William George Jarvis of the junction with Ice House Street, dressed on Sunday, forgoing his Chinese Martime Customs and has now disappeared. weekly trip to Repulse Bay in order. Miss Mary Rothe of Kingstown, "not to be melted" Nina persons Co., Dublin. out of ten are positive that each

day is hotter than the last and that all records have been eclipsed. Now to satisfy the curfoun:----

Yesterday, Monday, July 15, was the hettent day of the year 1928. 4 340 pm, the thermometer at the Royal Observatory, Kowlcon, regis- tered 30.5 degrees Fahrenheit.

· The

Rev. Fr. Placzek, rector of St. Joseph's, officiated.

With its lofty branches, this banyan hitherto afforded shelter Augustin to a police officer on point duty, the Its departure may mean

of hrother avenue opening up for motors, to relieve congestion. on Garden Road.

The witnesses who signed the register were Mr. Jesse Wiltshire of the Prisons Department and Mr. H. G. Wheeler.

The bridegroom is stationed in the "Kowloon" district of the

This figure just bent Sanday's best | Customs" service. rather. "worst" At exactly 2 m. on Sunday, the maximum tem- perature of 89.4 was reached. Such figures are by no means extraor- dinary.

Mr. T. F. Claxton, Director of the Royal Observatory, courteously in-

formed the "China Mail" that the

eather we are at present having is just the normal Hongkong sum- men, the figures being the usual fones for this time of the year.

With our mosquitoes, prickly heat and stiffness after sleeping under the fan, Hongkongites think they "have cause for complaint. But what about the deaths from the heat

stroke according to the cable from New York?

BOYCOTT PARLEY

HONGKONG DELEGATES GO TO-MORROW,

TO MEET IN CANTON,

The "China Mall" learns from inn official source that arrange- ments have been made for the Hongkong delegates to leave to-morrow morning, by steam- boat, for Canton.

The delegates appointed by the Hongkong Government are: the Hon. Mr. J. H. Kemp (Attorney-General) and the

Hon, Mr. E. R. Hallifax (Secre tary for Chinese Affairs). Mr. de F. Brenan, H.M.'s acting Con- sul-General in Canton, will alsoj act with our delegation.

Canton's official delegates to negotiate for a settlement of the boycott are:-Mr. Eugene, Chen iucting Minister for Foreign Affairs), Mr. T.. V. Soong Finance Minister) and Mr. Chan Kung-pok (Director of Labour and Agriculture).

The conference is due to start on Thursday, July 15, at the Canton. Foreign Office.

the Full Court could not sit ex-not permit of his engaging a bar- cept in appellant jurisdiction.

rister but the point is such an

Mr. Potter added that this was important one of practice that I not an order for a new trial. Iffelt bound to raise it," said Mr. it was it, would have been possi- [Potter.

ble for either party to demand a The only case bearing on the jury, to add "claims to the writ point which he had been able to and do all sorts of other things. As it was, the Court, sitting as a court of appeal, were trying the case de novo.

"Entirely Novel."

find, said Mr. Potter, was one by Sir Francis Piggott in conjunction with one other Judge whose name was not mentioned. This laid down the practice of the Court of The point with regard to the Appeal, said Mr. Potter. It would right of audience of a solicitor to be seen that throughout the case such a court was an interesting there had been no doubt in the and entirely novel one, comment minds of their Lordships in that ed Mr. Potter. As far as mem- case, said Mr. Potter, but that ory went this court had never they were trying certain points. before been open to a solicitor and as a Full Court in appellant unleas their Lordships sat in jurisdiction..

ADMIRAL HERE.

JAPANESE NAVAL CADETS“ VISIT.

SALUTE FIRED.

1)

Salutes were fired this morning when Admiral Yamamoto arrived here in harbour or the Japanese training shipe, Yakumo and Izumo, on their way Bouth with Naval

cadets on boarit

The Japanese consul-general and the president and vice-president of the local Japanese Association, to- gether with representatives of the leading Japanese firms, left by launch to meet the Admiral Der ing the day the commander-in- chief of the training squadron and -the commanders of-British vessels in port will exchange complimen-. tary visits. The officers of the two vessels will be entertained later at the residence of the Japanese con- sul-general.

Arrangements for the balance of the stay in part, sil! Friday, were detailed in yesterday's MAIL"

"China

SEVERE BURNS.

AN ATTACK WITH BOILING LIQUID.

THREE MEN IN HOSPITAL

A Chinese was brought before Mr. R. E. Lindsell at the Central Magis- tracy this morning on a charge of causing grievous bodily harm to three men by pouring boiling liquid over them.

The alleged offence was commit- ted at No. 13. Lower Rutter Street, early this morning, and the three injured men were taken to the hos pital.

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BAN ON SWEEP.

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MR. HATTOR PROSECUTED BY POLICE..

NOMINAL PINE OF $20.

Magistrnie Takes Lenient View of the Case..

12, Queen's Road Central

Mr. E. Broadberry of Messrs. William Powell, Ltd. (better known as "Mr Frank Haytor") was prosę. cuted at the Kowloon Magistracy this morning and fined $25.by Mr. J. H. B. Nihill on a 'tharge of pos- session of 5,000 "lattery sweepstake tickets."

Mr. Broadberry, in tendering „a plea of guilty," remarked, that he held letters from the Society of St. Vincent de Paul and the Benevolent Society Baking him to run the sweep for, these charities, but he did not have the letters with him at the moment.

Ich House Street-or that part of it between Des Voeux Road and Queen's Road, which is the preserve of stockbrokers has been closed to motors for some time. When Pedder Street was blocked for a few days, traffic Divisional Inspector J. Ogg asked was allowed through Brokers' for a remand. On Mr. Broadberry Alley, but the majority of drivers suggesting that the case be conclude preferred the longer route arounded. Inspector Ogg communfenced the City Hall.

with headquarters by telephone and Rumour is current that the the ease.proceeded. authorities have under con- His Worship said he would deal sideration the permission of with defendant leniently by impos- motors to go up Ice House ing a nominal fine. Street, along Wyndham Street,

*

to Police Headquarters, Central The above prosecution refers, of Station, the Magistracy and the course, to the promotion by the upper levels. The popular opin-Hongkong Combined Charity Or ion is that only one way trafficganisation of the loral cash sweep will be allowed, either up or

on the St Leger. Police interven down. To get along

to the tion was referred to in yeaterday's places named. It is at present "China Mall The report of subse necessary to proceed along Gar-quent developments, last night, is

given elsewhere in this issue.

COAL

CRISIS.

SAFETY MEN MAY BE WITHDRAWN.

MINERS' DECISIONS.

ff

#

EMBEZZLEMENT.

CHINESE SHROFF SENT TO PRISON.

VICTIM OF TEMPTATION.

A shroff in the employment of London, July 12ths Tal Lee piece-goods shop, of Resolutions rejecting the coal

Lee Tung Street, Wanchai, was charged before Mr. R. F. Lind- owner's latest proposal and ask.

sell at the Central Magistracy ing the permission of the

this morning with embezzlement National Federation to with-

of sume amounting to $644,54, draw all safety men from the

The master of the shop was pits were passed at a meeting

questioned in regard to the of the Forest of Dean minery,

method of checking the books who decided to surround all pits,

kept by the defendant." He ad- with a view to persuading the

mitted that there had been slack- safety mea to return to their homes.

ness on the part of his account- ant in not carrying out a daily check of the cash book and in- voices. He said that the defen- dant had been in his employment for three years and had been held to be a trustworthy servant.

Pleading guilty to the charge, defendant said he was tempted to take the money as his books were never looked into by the ac- countant. His wages had also not been sufficient to meet his expenses.

The pits in the Leigh district of Lancashire were re-opened this morning-but-14,000-minert- did not respond.

At various branch meetings the miners adopted à resolution that they would act only on the Miners' Federation's instruc- tions-Reater.

Jnspector Reynolds mentioned that one of the men was not ex- pected to live, while hopes were en- den Road and go past Volunteer tertained for the recovery of the Headquarters. The finding of others.

an alternative will relieve the

Defendant was formally remand-crush. ed in police custody, until Saturday moral

CAPT. E. PRIGENT.

WINS MARINE COURT CASE TO-DAY.

Master.

The felling of this old tree may or may not mean that cars will be able to go through the brokers' preserve in one direc- tion also. In a few days, the stump and base will have been

·removed and the surface smooth- ed over.

JULY 14TH.

FRANCE'S NATIONAL DAY OBSERVANCE.

CONSULAT HOME."

.

Sentence of three months' hard labour was imposed.

VOCAL REHEARSAL-

PHILHARMONIC SOCIETY'S

NOTICE.

It has already been announced that the Hongkong Philharmonic Society intends to present "The Pirates of Penzance" at the next Floral "season."

DUMPING RUBBISH.

Captain E. Prigent, master of the Steambont Co.'s s.s. Taishan was

An advertisement is published to-day notifying members and found "not guilty" as the Marine Court this morning, by Lt.-Com-

others interested that a pre- G. F. Hole, RN. (stipendiary

minary vocal rehearsal will be marine magistrate), on a charge of

held at the Cathedral Hali on alleged dumping of rubbish into the

Monday next, July 19. There harbour at 8.15 am. on July 5, with out a permit from the Harbour

The anniversary of the fall of will be another rehearsal at the the Bastille on July 14, 1789 is same place on the following Captain Prigent was defended by throughout the world as the 5.30 p.m.

observed by the French nation Monday, July 26. Both start at Mr. W. B. Hind, whe tendered a plenFrench National Day. A Summary Jurisdiction it was im- Mr. Potter emphasised the of "not guilty,” ⠀

In celebration of the anniver- possible for Mr. McCallum to ob- essential differences between a

The Taishan is the newest shipsary ae French consul will be tain audience. If they sat in re-trial and hearing the case de of the Hongkong, Canton and Macao At Home" at his residence, 18 A bullock which was being led; Summary Jurisdiction, to what novo. In a new trial they could Steamboat Co., Ltd. She is now on Peak Road, from 11.30 a.m. to 1 by a woman charged into a motor tribunal would it be possible for not, in the absence of witnesses, the Hongkong-Maeno rur and goes p.m. to-morrow to the members car driven by a Chinese either of the parties to appeal? read depositions to be taken by to the Wing Lok wharf when in

Castle Peak Road on Sunday. The of the French community, Counsel would have to appear be the Press. But in hearing a case this harbour.

animal was injured in the right officials, foreign colleagues, etc., fore, their Lordships again on the de novo in the appeal court such

fog. The Chancery Office of the Con- His Honour the a procedure could be followed if

wienesses

sulate will be closed the whole Paisne Judge had already heard any

disappeared.

day. the Summary Court hearing and There was the very widest dif the first appeal. The position, ference between the two pro Mr. Potter submitted was un- cedures, said Mr. Potter. tenable.

same

Case.

WEATHER FORECAST, The weather forecast by the Gb His Lordship naked Mr. Me-servatory until poca to-morrow The position was the same, con- Callum if he had anything to say reads:-South-west winds, modor tended Mr. Potter, as if a soll-on the pointa raised by Mr.ate; Ane to cloudy. citor appeared in a Divisional Petter.

The Parisien Cafe has arranged for a grand French Gais in the evening, reservations for which can be made on application.

While a Kowloon Motor Bus junction in Lalchikok Road boys ran across the road and one anticyclone dominates the eastern of them was knocked down. He portion of the map and a depres received injuries to the face and

legs sion the western portion.

The report issued at forenoon Court in England, appealing from Mr. McCallum said that with re-states, that pressure has decreased Company vehicle was passing a County Court decision. Would gard to the possibility of applying slightly from N. E. Japan to S. their Lordships contend for one for a re-trial the point arose as to Manchuria. It has increased yesterday evening, a number of moment that he would be heard? whether he would not be out of slightly in other districts, A Joable

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(Continued on Page 7.).

on the

A verdict of manslaughter having been brought by the jury at the death inquiry concluded yesterday, the Chinese constable concerned, in- the praya shooting incident wás formally brought be fore the Magistrate this morning and remanded for a week!

TO-DAY'S DOLLAK.

The closing rate of the dollar, on demand to day was 2/2 18/16

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