1928-07-04 — Page 7

WEDNESDAY, JULÝ 4, 1928.

“SHUN PO" APPEAL.

APPLICATION ADJOURNED SINE DIE.

STATEMENT CONCLUDED,

7

Mr. Fitzroy replied that if he

had intended to summon the part- ners he would have issued writs against each separate Individual.

His Worship asked if Mr. Fitz. roy could put a somebody in the box to say that the partners of the Chung Fat Company comprised Brown, Jones or Dick.

In the small Court, at the Con- tral Magistracy. yesterday after-not. noon, Lleut-Col. F. Eaves, D.S.O., heard Argument by Mr. H. Somerset Fitzroy, Assistant At-

application to review parts of his the agninst Worship's judgment Chung Fat Co., printers of the Hong Kong "Shun Po," and even- tually adjourned sino die.

Mr. Fitzroy replied that he could

THE DECISION.

APPEAL COURT.

ANTIMONY CASE JUDGMENT RESERVED.

COUNCIL'S ARGUMENT.

THE CHINA MAIL,

"THE DOVE.”

TO-DAY'S BIG PICTURE AT THE QUEEN'S.

THE

"PSYCHIC HEALER”

CURES ASTHMA.

THE ACROBATIC DANCERS. Iknowledge peep debt of

with great pleasure, I, ac.

gratitude to the "Psychic Healer" fa completely curing me

of Norma Talmadge in "The Dove," Astlima, from which I was suffer- Judgment was reserved yesterday at the conclusion of the case before

her first United Artist's pieturoing since my childhood. I tried all the Full Court of Appeal in which will be the feature attraction at the best so called specifics during His Worship: The grounds for Messrs. John Batt and Co. (Lon-the Queen's Theatre from today to my long stay at home and on the

The story of "The continent. Saturday. torney General, in support of his your application do not seem to don), Ltd., appealed against a dech Dove," concerns the adventures of I consulted the Mystery Man.

ariso, In these cases the Crownsion (unfavourable to them) given

Ja virtuous dance hall girl, á cour-He assured me that he would be finds itself in the somewhat unique Mr. Justice Jacks in the Sum-ageous young man employed in a able to cure me and gave me mary Court, last year on a claim by gambling house, and a bullying and tawisos' with instructions. Though position of having prosecuted to

them against Messra. Silva-Netto egotistical caballero. conviction a person or persons

Against a I could not reconcile myself to be and Co, Hong Kong, for $895.25, background of guitars, stilletos, lleve at the time that he could cure unknown trading under the style

alleged to be balance of damages roulette and wheels fine ladies and me of my chronte ailment, when the Last week when Mr. Fitzroy or firm-name of The Chung Fat made his application, his Worship Co. who appeared and defended have been suffered by plaintiffs by tion of Miss, Talmadge as "The I took his Tawises and burnt

ascertained

on May 19, 1925 to grand gentlemen, the characterisa- best European specialists failed. in giving an adjournment until by Counsel throughout the whole a breach of contract by the defen- Dove," yesterday, expressed a wish to hear of a protracted hearing conecafed dants for the anfe of antimony.

a beautiful dancer, comes them as direct by him, and Lol to Mr. M. K. Lo, solicitor for the de- the individual identity of the part-

to glowing life. Directed by my surprise I find since I took his Mr. F. C. Jenkin (instructed by Roland West, the film is said to Tawises the attacks fence during the hearing of the, nor or partners comprising such Mr. L. R. Andrewes) was for the retain all of the colour which have become few and far between. case. When the Court sat. yester- firm. The resulting convictions appellants-plaintiffs, day afternoon, Mr. Lo was not pre were against "each

Mr. C. G. David Bolasco put into the original Verily India is the land of mys- individual Alabaster, K.C. (Instructed by Mr. stage play. Noah Beery, the vil teries and mystics. sent.

partner of the Defendant Co." and | Leo d'Almada e Castro) was for lainous sergeant of "Banu Geste" Proceeding to make his applica- the Crown as prosecutor now ap- the defendants-respondents, tion for a review of judgment, Mr.}

and Gilbert Roland are also pro- The appeal was heard by the minently east in the picture. Fitzroy at the outset led the plies for a review of that decision Magistrate that he was only con- the ground that partners in the Chief Justico (Sir Henry Gollan) -corned with the printers of the firm cannot be individually penalis- and the Puiane Judge (Mr. Justice Valentine "Shun Po," and no application was ed. If the Defendant firm is in fact Jacks). being made with regard to the one-man concern the ground for judgment against the publisher of the application does not (and ean-

not) arise,

If it consists of two Counsel drew' his Worship's at-'er more partners the ground tention to two points with regard for the application does arise in the Summary Court to prove to the printera (1) the parties he-, but fore the Court; and (2) the penalties which his Worship had imposed.

the paper.

when, (and only

evidence is adduced to that effect. As this evidence is not forthcoming I therefore have no alternative to adjourn the application sine die (that is to say) until the Crown is in i position to adduce the required evidence.

Tons & Units.

After Mr. Jenkin had operied. in the morning, Mr. Alabaster said that his side called four witnesses

By popular request, Miss Cherie |

and Miss Tomasita Birdwell, the Juvenile eccentric dancers will appear during the a 9.20 pm. performances, and will! give an entirely new series of acro- batie and modern dance items.

ROCK GARDENS.

SIR LAWRENCE WEAVER'S

CRITICISM.

when) that Silva-Netto's had supplied good merchantable sulphide. Mr. Silva-Netto was able to produce samples of the shipment and an- other witress showed samples taken THE SUMMONSES.

before the ore was shipped. It was Dealing with the parties before

proved, outside the correspondence, the Court, Mr. Fitzroy said that the

that good merchantable sulphide of summonses were issued against the

Sir Lawrence Weaver opened Mr. Fitzroy: With all due de 55 per cent, antimony was supplied. the new extension devoted to gar-i -Chung Fat Company and that ap-ference, Sir, you have fined each Mr. Alabaster dealt with the den furniture and ornaments atj peared on the face of it to be a individual partner and if, there is question of the contract, adding Messrs. Heal and Son, Totten-1 corporation. The Company up! peared in one of the ways which it! no partner the judgment must go that the circumstances of a con-ham-court-road..

to the ground. I am submitting. Í tract were of vital importance

+

The use of rock gardens was

Sir, that the whole thing has when finding if there had been a often misguided, particularly

through misapprehension breach or no.

arisen

.

of asthmas

(Sd) HARRY WILLIAM

RICHMOND,

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Consult the world-renowned Spiritualist, Psychist and Occultist either personally or by correspon- dence.

• Consultation Fee $20. Visiting hours from 10a.m. to 1 p.m. and from 3 p.m. to 7 p.m.

THE SECRETARY, Paychic Lodge, Savoy Hotel, Hong Kong. Room No. 38 and 39.

Shadows Before

COMING EVENTS ANNOUNCED IN THE "MAIL.”

could appear, and that was through | a solicitor who said he appeared for the Company.

Mr. Fitzroy then pointed out that no evidence *whatever was given with regard to the constitution of the Company. So far as his Wor- ship knew, and as everybody knew, it was a corporation and must be and not eriminal, and was beside of ore and in one of the documents bird baths, or seats, they need to Cherie Valentine & Miss Tomasita

on your part.

In support of his judgment, his Worship, quoted legal authorities at some length, but Mr. Fitzroy con- tended that the case cited was civil

dealt with as such. He reminded the point.

the Magistrate that at one time Col. Eaves maintained that the during the hearing of the case ground for the application did not questions were asked by his Wor- arise, and consequently adjourned ship as regards the constitution of it sine die. the Company. Mr. Fizroy had not heen able to give the necessary in- formation.

His Worship remarked that if it has been a corporation it would have been styled the "Chung Fat Company, Limited.”

Mr. Fitzroy replied that that was' not essentially So, M the word "Limited" was only put in to pro. vide the liability of each of the partners in a firm.

ARMED ROBBERY.

GREEK SENTENCED TO 15

YEARS IN SHANGHAI.

There was a stir in the Pro-

when one found them just outside The Chief Justice said that he the drawing-room door, said Sir was not quite clear about the point Lawrence. "If a garden is to be which had been raised by Mr.a.sort of outdoor parlour," he Alabaster as to the wording of the added, "it needs suitable furni contract. words used were so much per ton

so much per unit. Mr. Alabaster replied that his clients had agreed to pay so much per unit in each ton,

Mias

In the contrast the ture and ornaments. Whether! To-day-Queen's Theatre: "The

the orcaments are statues, vases,

Dove,": reappearance of

be designed by the best artists Birdwell, at 9.20 p.m.

To-day-World Theatre; Win- who can be brought to the task.

Garden design is a problem ners of the Wilderness." the amount of antimony that could of architecture. A garden con-

To-day--Star Theatre; "Millon- be got (ie., each one per cent.)stitutes a middle world between aires." July

Theatre: 5-7 World being a unit.

the house and the wild. A well- planned garden should follow "Cradic Statchers." the lines of the architecture ofj July 5-7-Star Theatre; Blonde The Chief Justice remarked that the house, and should be shape or Brunette. it had been suggested that a highly." price had been paid owing to the nature of the contract.

The Market Then.

The idea of a wheelbarrow has been adapted to a seat, and the Mr. Silva-Netto, in one of the result is shown at the exhibition documents, said that the supply of in a cosy-looking settee which can Chinese antimony sulphide was be wheeled to any position. Fur- low, it was the rarity of the co-niture enamelled in green and modity which governed the price. yellow or in plain white wood is In another letter, Mr.' Silva-Netto the most attractive for the gar- said that antimony sulphide was den.

Lammerta' Auctions.

July 6-At 3, Waverley-terrace, Kowloon Dock, Hunghom, house- hold furniture, 11 .01

July 6-At Sales Room, 4 Dud- dell-st., household furniture, 2.30 p.m.

Land Sales. July 9-At P.W.D. Offees, Crown

Meeting.

or lovely blue pottery are almost July Annual general meeting as important a part of the mod- of H. K. Football Assen., Volun ern garden as are the flower beds. teer Headquarters, 5.30 pm. Much of the sculpture shown is by well-known artists.

Miscellaneous.

visional Court, on June 29, when a sentence of fifteen years in prisonment, with loss of all civil rights for life. was passed upon Continuing. Mr. Fitzroy pointed Theodore Saridis, a Greek, by out the fact that his Worship had Judge Hsiung and Mr. Van den no evidence to show that the de- Borg, Senior Consul's Deputy, month of the contract the prices hell by little statues. Pots, bird shuipo, 3 p.m.

short in the market and within a Many of the umbrellas are up- lands at Taikoktsui and Sham- fendant printers were not a body when he was found guilty on a corporate..

concerned had risen. Mr. Jenkin accordingly baths, and statues in stone, lead, "I may be perfectly charge that he was right to sue them as a firm, but I with another named Elly Widler, submitted that there was no evid- did not do so!" added Mr. Fitzroy, at about 2.20 p.m. on May 12, on ence that the arbitrator had made Counsel contended that the only Liping-road, in robbing by means the award on the ground that Butt's, thing his Worship could do was to of armed violence a Chinese Na- knowing that the ore was wanted fine the Chang Fat Co., a corpora- tionalist officer of $6,000 and a for a special purpose, were liable tion. His Worship did not know "huchao." Saridis was also or- because it would not fulfil that that there was a partnership and dered to return $6,000 to the purpose. was only assuming. If the quca- complainant in the case. tion had been raised by the defend- Widler ing solicitor, Mr. Fitzroy anid he would have dealt with it at once, The Magistrate remarked that ho did raise the point during the hear ing of the case and the only thing Proceedings were delayed in. Mr. Lo said was that he did not the Provisional Court on previous. know who were the partners. He occasions on account of the non-

was charged in the

Swiss Consular Court on the MIGRATION SCHEME. same charge, but it was held that there was insufficient evidence against him and he was released.

CHANCE FOR 400. BOYS AND GIRLS.

The exhibition will continue for two months, and tea is served each afternoon in the new garden-

room.

To-day American Community "At Honie" to its friends, at Lane Crawford's lounge, from 4 to 5.30 p.m.

July 5 Lecture on "Modern

by Motor Transportation"

Mr. Twenty of the latest type of Walton Schmidt, in the Rooms of express gear-driven omnibases will the Institution of Engineers & soon be appearing on the streets of Shipbuilders, 6.30 p.m. Shanghai in the service of the July 5-Farewell concert and Commissioner D. C. Lamb, Direc-China General Omnibus Company. dance to H.M.S. "Curlew" and the They have been specially built by 3rd Destroyer Flotilla, in St. Tilling-Stevens, Ltd., in England George's Hall, City Hall, from 8 and are equipped with a 29-70 p.m. to midnight. horse-power engine and Dunlop July 6-Lecture, on the Blocking The most of Zeebrugge, by Lt.-Com. E. L. up-to-date type of body is to giant pneumatic tyres.

be Berthon, R.N., D.S.G., in St. John's fitted, holding 32 passengers.

Cathedral Hall, 9 p.m.

asked Mr. Fitzroy, if he could say appearance of Widler in the tor of the Migration and Settlement whether the Chung Fat Co. was re- Court, although a warrant was Department of the Salvation Army. presented by one or more persons.

issued As Widler had left at a luncheon at Anderton's Hotel, Mr. Fitzroy: I cannot, nor do I Suanghai, the case was proceeded Flect-street, E.C., announced that in connection with the Army's with without his evidence.

migration

the programme Is Worship: I don't see how we The facts of the case were could continue your application. that Widler, Saridis and the Na- "Vedic," of the White Star Line, My judgment is against each part tionalist officer were proceeding would sail from Liverpool to Aus- ner of the defendant Company. to Woosung in a motor car when tralia on October 6,

propose to offer it if I can.

complainant alleged that $6,000

"They will

3.2.

go

"We want 200 boys and 200 Mr. Fitzroy: They were not here before you. The reason why I am which he had on his person was girls," he said. asking this application is because taken from him by force. Saridis with a guarantee of work when you have no power to deal with any denied. the charge and said that they arrive and are assured of a person who was not before you! his only connection with the good welcome. The boys will go Continuing Mr. Fitzroy said that affair was that he was asked by on to farms and the girls into his submission was that the Magis Widler to see if the money was household service. Of the 640 who trate could not do more than fine good; that complainant handed went to Australia last year, there the Chung Fat Company.

him the bank notes and that he has not been one fallure," had found them genuine; that ke Referring to unemployment, Com- THE PRINTER,"

gave the notes back to complain-"] mlastoner Lamb said that if Speaking as to the difference be ant, who in turn handed 'them the Salvation Army could tween the responsibility of the pub- over to Widler. At.no time was grapple with the problem in liers and the printers, Mr. Fitzroy force used nor did he see any fire-a way which defied criticism, then said that the penter was under a arms. Complainant alleged that why did not the Government get contract to turn out the paper each after the robbery he was forced busy? The Government had day, and would be able to serious to alight, but that he, held on to £16,000,000 under the Empire Set damayos should he hold it up, Saridis, who got out of the car tlement Act,, but they had only What was more, the printer had a first, and blew his police whistle. spent £3,000,000 of it. perfect right to assume that every. Widler drove off in the ear, while

thing was properly passed, and it accused ran away, but was ar-

REPORTED ENGAGEMENT:

A DENIED.

was not for him to reject anything rested by a Sikh trooper and two MISS GLADYS COOPER that was given to him to print. In Japanese constables. At the! the circumstances, the punishment Police Station, accused made a meted out to the printers should be. statement in which he admitted different from that of the publisher, certain facts of the charge and it The Chung Fat Company, and as evidently upon these that he Mr. Fitzroy, were properly re- in the crime. A

was found guilty of participation presented before the Court and Mr. H. D. Rodger prosecuted in woum appear, with regard to all the case, and accused was repre- that had happened, to be a corporsented by Mr. N. A. Ivanow ate body; end ho submitted that Seen after the judgment, Mr. they could not be dealt with other Ivanow said that an appeal wise than on a corporate body and against the sentence would be in that case they could only be fined. lodged?"

It was impossible to fine or send

to gaol ench of the people, who were

not brought before his Worship,

• His Worship remarked that that was the arst time Mr. Fitzroy had mentioned a corporate body.

Sir Neville Pearson, on arriving In England from Kenya, telephoned from Bixholme Court, near Dorking, the following statentent; "There no truth fn, the report of Miss Gladys Cooper's pagagement.to me.. published, in an evening paper, this evening.

Her family in Shanghai: haye" During the absence of Mr. A. C. recolved a telegram from Mrs. Clear Mr. L P. Ridgway will be Liss "Spynt, Informing them of her acting - Engineer in Chief of the engagement for four appearances. In Shangh

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