1930-01-28 — Page 1

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For I

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The

Libraru, Supreme Court

China Mail

ESTABLISHED

1846

No. 27,398 HONG KONG, TUESDAY JANUARY 28, 1930.

MRS. THOMPSON GETS DANGEROUS GOODS INSTONE BREWER'S

JUDGMENT

DEFINED

PLAINTIFF'S DOCUMENTS NOT PRACTICAL EFFECTS OF AN

GENUINE ?

JUDGE'S INSTRUCTION

EXPLOSION

SHIP'S CAPTAIN FINED

TRIALS

NO FURTHER CRIMINAL PROCEEDINGS

CROWN'S DECISION

The Crown has decided to stay

Sued in the Supreme Court An interesting ruling was made (Summary Jurisdiction) for $750, at the Marine Court this morning further proceedings against Noel

TO-DAY'S DOLLAR. — The closing rate of the dollar ori demand, to-day was 1/6 11/16.

PRICE $3.00 Per Month.

There

Spectacles

Are

Spectacles and .but What A Difference in Quality.....

... and thers are opticlans and opticians, but in Hong Kong, only one European optician who measures up to the highest qualifications. Optical mon in every corner of the world re cognise his certificates and the modern equipment used.

LAZARUS The Optician. Phono Mr. Cooper C. 2208 for appoint-

ment.

Ralph A. Cooper, FLO, (Engl.), Kegistered Optometrist (Canada).

ATTORNEY - GENERAL SIR JAS. JAMIESON TO NAVAL CONFERENCE

& HOME PAPER

INDIAN "NEWS AGENCY" WHICH INVENTED A FORECAST

想着

GOOD FAITH OF PRESS

London, Yesterday.

A plausibly detailed article in the

LEAVE CHINA

WELL-KNOWN CONSUL GENERAL RETIRES AFTER 44 YEARS

FORMER CANTON CONSUL

Shanghai, Yesterday.

British

Sir James Jamieson,

PROGRESS

ATMOSPHERE CORDIAL, BUT KEPT SECRET

BRITISH FLEET & LEAGUE

London, Yesterday.

SMOKE NUISANCE ORDINANCE

FIRE FLOATS THE WORST OFFENDERS

FIRST TEST CASE ·

Another test case brought under the The International Wireless Broad-new Smoke Nuisance Ordinance was

Mrs. B. Thompson and the Adver.88 to what constituted dangerous Instone Brewer, barrister-at-law, Daily Express on January 26, pur-Consul-General at Tientsin, is anil- casting, a feature of the present Navol heard at the Marine Court this morn- Camdr. G. F. Hole, sitting who was convicted Ins: week, at the jporting to be a summarised forecasting for Home on the Pando Mantua Conference, will be employed to-nighting before Commdr. G. F. Hole, when

tising & Publicity Bureau were given judgment by the Puisna Judge (Mr. Justice Wood), with

costs, this morning,

His Lordship said that he was not satisfied that either of the

goods.

for the Simon Commission'a report, waS

that anything which had the prac. making a false statement without Simon in the House of Commons. The service in China-Reuter.

Criminal Sessions, for the subject of a question by Sir John to-day on retirement after 44 years' Mr. Wakatsuki to broadcast from the engineer of the ferry launch Men as Stipendiary Magistrate, said January tical effects of an explosion should

to the Perjury Or Attorney-General stated that the Chair- oath, contrary dinance.

man of the Daily Express had placed) come within the Dangerous Goods Ordinance.

After a trial lasting four days, a himself unreservedly in his hands and The ruling was made in connec-common jury returned a unanimous had assisted him to discover that an documents relied on by plaintiff. tion with a test case taken by the Verdict of guilty on the count of Indian journalist, Vishu Karendakar, |

Harbour Authorities against Capt. August 16, 1927,

making a statutory report on was carrying on a so-called "Indian

Karendakur rigned a confession before that the total News Service," which provided the

Sir John Simon and the "facts" on which the article was based.

General that he fabricated the story, as the result of close study of the situation," in order to get money.

Air, Y. S. When, a former employee af defendants, was genuine, He accordingly, directed the Registrar to forward the documents to the Attorney General "to take such action as may be necessary."

W. Collum. Master of the .a. Tin cash received by the Instone Bank Yat, a vessel on the Hong Konging Corporation, of which Brewer Canton run. Defendant was charged with having 38 cases of $876,750 in

was President and a Director, was respect of shares which was moored alongside the fire-crackers on board his vessel, issued wholly for cash." wharf instead of being

at the Dangerous Goods Anchorage, and also with failing to fy the "Red" His Lordship in his judgment, flor as an indication that a dan

on board the

Mr. C. J. Church gave evidence for defendants this morning, the case having begun yesterday.

The Judgment

said: "The plaintiff hus Het up gerous cargo was an agreement between him and de- vessel. fendants by which he was engag

Carringe Admitted

ed nominally at a salary of $100, Mr. 0. E. G. Marton appeared a month, of which he was to re- for the defence.

It will be recalled that there were three counts in the indictment and that the Paisne Judge (Mr. Justice Wood) decided to deal with them separately. On the decision being reached on the first, his Lordship recorded the conviction and post- poned sentence until 10.30 am, on Monday, February 3.

The case was In the Interval, the Attorney

ceive $50 in cash and the further first heard on Saturday morning. General (Hon. Sir Joseph Kemp, $50 was to be credited to an ac-when Mr. Marton argued that fire-C.B.E... K.C.) has filed a nolle

count between the parties to ne- cumulate as a deposit up to $500. "He served for three months. according to the writ, and receiv ed his $50 salary for those three months, He now claims partly the remaining $150 which was held back under the agreement.

"In support of this part of his claim he has handed in a doca- ment and that document consists of a typed statement setting out this agreement with the signature. of Mrs. Thompson at the foot and the rubber stamp of the defendant firm.

"The first question I have to decide is whether that is a genuine document and whether the claim. is a bona fide claim. Mrs. Thompson admits that that is her signature and she states that the piece of paper is a portion of a piece of paper which she wrote on the 8.8. Tongking at Kwong Chow Wan on December 4.

She says that she wrote a form of contract on the bottom half of the sheet of paper and signed at the foot, leaving a space within which she intended that plaintiff should en- ter the Chinese form of the same contract.

"It is for plaintiff to prove it

is a genuine document and I am not satisfied that it is.

An Alleged Loan

WUCHOW AS PRIZE

Cantonese Preparations For Defence

Once more Wuchow, the port of Kwangsi province and an im- portant trade centre. оп the West River, is to be the prize in a campaign between the Kwangtung loyalists and the Kwangai rebels.

from

Q

A wireless report well-informed source Bays: "Martial law is being enforced. Preparations for the defence of Wuchow, by the Cantonese loyalists, are being carried out; but the situation remains quiet,"

It is to be noted that hitherto, the possession of Wuehow haa generally been decided by the trend of hostilities in the vicinity, so that there has been little direct danger to Wuchow itself.

crackers did not come under the

prosequi in respect of the second and third counts and also of both counts in an additional Indictment.

In other words, the Crown is satisfied to reat on haying brought | one count to conviction by a jury. The other counts have been dropped, but not withdrawn.

Under the Perjury Ordinance, the offence is classed ля a mis- demeanour, the maximum penalty for which a two years' imprison- ment end a fine. This means that both a term and a fine can be Im- posed, the discretion reating with his Lordship.

In regard to the jurors, it will be recalled that his Lordship announced that if their attendance was needed they would be notified by the Regia- trar. It is presumed that their ser- vices will not be required on Febru ary 3, when with the passing of sentence, the Sessions will close.

LOCAL WEDDING

Ceremony in the Rosary Church

The marriage was solemnised at the Rosary Church, Kowloon. yes- terday afternoon, of Mr. Lawrence J. F. Griffiths, of the P.W.D., only

Attorney-

The Attorney-General added that the good faith of the Dally Express was un questioned. He acknowledged the papers' assistance, without which the formation could not have been got.- Reuter.

IMPROVING LATER

To-day's weather report from the Royal Observatory states: The anti-cyclone is central ever the Lower Yangtaze Val- Jey.

situated

The typhoon la about 500 miles East of Manila. It is probably filing up or ro- curving to the North East,

Fresh Monsod will prevail along the South East Coast of China and over the N. China Sea.

Forecast N. E. winds; fresh; cloudy, with occasional rain; improving,

Ramfall To-day's rafaf up to 10 a.m. was 0.60 inch. Rainfall since January 1, 2.27 Inch, dgainst an average of 1.20 inch. Temperature and Humidity

The temperature and humidi- ty at certain specified centres this morning at 6 o'clock

were:

1

Temp. Humid.

Hong Kong

48

84

Macao

48

85

Pratas Island

68

91

Manila

68

88

Amoy

52

88

Swntow Chefoo

28

Shanghai

36

90

the

The

the defendant, and, in answer to the Mr. E. S. C. Brookes appeared. for

charge, said that he did not know how ulance was caused at 7.41 am, whillet. to plead. The charge read that the the ferry was alongside the wharf, but

London to America a statement

on Chung was mummoned at the instance Japana' case.

of Mr. H. T. Brooks, Superintendent [Sir James Jamieson, who is The Conference expressed conAdence of the Fire Brigade, for allowing 63 years of age, joined the Con-at the happy conclusion.

(largo volume of smoke to issue from sular Service in China in 1886. Cordial Atmosphere

the funnel of the launch, so to cause and served as Chinese Adviser to

The meeting of the leaders of the

a nuisance. the Burma-Chinese Frontier De- telegations adjourned until to-morrow, limitation Commission during the Discussion centred largely on season 1898-99. He was later French and Italian viewpoints. Commercial Attache to H.M.'s French strongly maintained that global Legation in China, and Consul in and not categories of tonnage should the Consular Service. He was be the starting basis of the conference. In reality the ferry had left the wharf seconded for service under the This point of view is likely to be acat 7.40 a.m. and at 7.41 a.m. she would Colonial Office as Superintendent ceptable to the Conference.

M. Tardiou said that the atmosphere of Chinese labour in the Transvaal of the Conference was very cordial from 1905-8, and received the bat he declined to disclose whether any Coronation Medal in 1911,

decision was reached-Reuter,

Sir James, who is an Hon. I LL.D. of Hong Kong University, an honour conferred upon him in 1918, Was Conaul-General in Canton from 1909-1926, when he was transferred to Tientsin.]

TORTURE OF PIGS

Crushed Together in a

Junk Hold

The squealing of pigs on a junk near the Wing Wo Wharf last night brought Sergeant Weymes, who was on water patrol duty, to the scene, and this morning at the Kowloon Magistracy. before Mr. T. S. Whyte- Smith, the Chinese master of the junk was charged with cruelty,

Sergeant Weymes related that There were 55 pigs in crates in the fore hold of the junk, which was insufficient in size to accommodate so many. The pigs were put in four deep and piled on top of one another. Their legs were protrud- ing into each other's backs. causing abrasions and bleed- ing.

The defendant, sald that there were several junks of his type en- gaged to convey piga from ship to shore, and it had always been done

In that way in the past.

Mr. Whyte-Smith: It has been done in the 100

past but it will not be done in the future-not with- out paying for it.

A fine of $25, with the alterna- tive of three weeks' hard labour

Dangerous Goods Ordinance. son of Mr. and Mrs. Lawrence THE DISAPPEARANCE was imposed.

At this morning's hearing, James Grimths, of "Keaton,” Ad- Comdr. Hole said at the outset discombe, Surrey, England, and portion of the that he had looked into the case. Mary Beatrice K. Brown, of 5, claim is for the return of $600 Mr. Marton had admitted the car-Winglok Building, Kowloon, daugh- NO which plaintiff states he lent. to riage of the

gooda in question ter of the late Mr. Edward Young

"The second

OF MR. PIKE HOPE OF HIS BEING ALIVE:

TGO MUCH DISORDER

Another Cruelty Charge At the Kowloon Magistracy this a summons for cruelty to pigs on morning before Mr. Whyte-Smith,

his ship was brought againat Cap- tain Jose Antones, master of the Wing Lee.

Optional Clause

be somewhere in midstream.

plen of "Not Guilty" was entered.

On the advice of the Magistrate

Room Darkened by Smoke Giving evidence, Mr. Brooks said that at 7.40 am, on January 18, he was London, Luter. The House of Commons, after reject 6th floor of the Central Fire Station. in his dining room which was on the ing by 278 votes to 193 a Conservative The room was suddenly darkened by amondment in favour of a reservation volumes of black smoke obstructing the that the British Fleet, in the execution of any work for the League of Nations, daylight. The fanlight was open at should be subject only to British Mari-the time and the smoke rolled through -

into the room.

CHINESE NEW YEAR HOLIDAYS

Arrangements At Post

.Office

On Thursday, the G.P.D. and Branch Post Offices will be entirely closed; on Friday and Saturday the G.P.O. will be open each day from 8 a.m. to 10.30 a.m. and the Branch Post Offices from 8 a.m. to 9 a.m.

On Thursday there will be no collection from the pillar boxes and no delivery by postmen, but ordinary correspondence may be obtained at the back counter at the south-west corner of the General Fost Office Building. ground floor.

On Friday and Saturday there will be one collection from the pillar boxes and one delivery of ordinary correspondence cach day as on Sundays and one delivery of regiatered corres- pondence each day at-9 am.

The Money Order Office will be entirely closed during the holidays.

time Law, agreed on a Government re- solution approving the ratification of the Optional Clause--Reuter.

Volume of Questions

Rugby, Yesterday.

Witness then went to the cast end of the verandah and noticed that the smoke was coming from the funnel of the Man Chung, which was just leaving the pier.

Crossed-examined by Mr. Brookes, witness said that immediately he had noted the name of the launch, ho telephoned to his clerk for the time. He was sure that the smoke came from, the funnel of the Man Chung.

Mr. Brookes: Were there any other launches or steamers near the ferry? -No, the closest were the fire floats at the Jubilee Street pler.

Might Have Been Others Pressed again, witness qualified his previous statement by saying that there might be other steamers in the fairway, but he had not noticed them at the time.

Sitting in his room, witness was not able to see from which vessel the amake had come, but he rushed out to the verandah almost immediately and he was sure then that the smoke had some from the Man Chung.

Witness knew nothing about the con- struction of the Man Chung's boiler

Expert Evidence

Capt. D. A. Purves, consultant marine engineer to the Hong Kong and Yaumati Ferry Co.. was then called by the defence. He said that he was weil Jacquainted with the boilers and com. struction of the furnacea in all the Yaumoti ferries. The boiler was the ordinary marine multi-tubular type and the furnaces were fitted with wait. able combustion chambers to meet the requiremen.3. The ballers were, in fact, constructed to consumo their own smoke as far as practicable.

Witness had never seen such exces- the firm through Mrs. Thompson bat held that they did not come and Mrs. Mary Young of Sydney,

Following a number of informal con- sive smoke emitting from the funnels in Kwong Chow War on Decem-under the Dangerous

versations during the week-end which, of these launches as that complained of ber 4. As proof of his claim he dinance."

Goods Or- Australia.

it la belleved, helped to facilitate the by the complainant. During the last The bride was given away by produced A further document

Police Sergeant Weymes stated preparation of the agenda of the Naval few days, witness added, he had kept which also bears the

Mr. Marton said that that was Mr. D. Biggar, and the duties of

Conference, the heads of the delegan special look-out for these launches. signature

Although the Rev. D. F. Fike that the cruelty lay in that there tona this morning continued the dis- He found that within 5 or 6 minutes admitted his contention. In the Ordinance best man were carried out by Mr. was captured by robbers in the was insuficient room in the hold, cussions which were begun. on Thurs-before the launch came alongside the Plaintiff's atra Thompson, gunpowder was mentioned, but it S. Fox. After the ceremony a re- Puanhsten district of Kuelyang and as usual, the pigs were pll-day afternoon with a view to the col-pier, all smoking had been stopped and

story la that Mrs. could not be meant to include fire-coption was held at 5, Winglok Kuel, recently, it is still not abso-ed on top of one another. Thompson was short of money at crackers. Sulphur was also men- Building, where the usual toasts lately proved that he is dead

lection, selection and arrangement of remained so until the launch had left Kwong Chow Wan and that he

As there was no Portuguese In-questions that, in due course, will be the pier again. happened to have

tioned as one of the commodities were honoured by a number of (for his body has not been recover- terpreter met a school constituting dangerous goods, but friends of the happy couple. Mr. ed), but everything that has been Smith remanded the case until to-

In Court, Mr. Whyte-brought before the Conference.

Fire Float Nuisance friend who entrusted him with he was sure that the Ordinance and Mrs. Griffiths will spend their heard goes, to show that he was morrow at 2.15 p.m.

It was atated after Thursday's meet- the custody of a large sum and did not mean to include even a

ing that there is a large number of said that to his knowledge all steam Questioned by Mr. Brookes, witness of that amount he made a loan box of matches. It would be ab-

honeymoon in Tientsin..

such questions and that the work of launches were fitted out with the same preparation may be expecting due con-type of boilers and furnaces. The only sideration and to involve several such ones that were not so fitted were the meetings. It is, however, possible that

to Mrs. Thompson just before she surd to suppose that a steamer was leaving.

"Well, the document

would have to go to the Danger- on which ous Goods Anchorage just be- this matter was entered by plain cause there was a box of matches)

of a sheet of official paper.

Similar

on board.

tiff is a portion French forms have been produced, stamp-

This document reads:

Magistrate Disagrees His Worship said that he dis-

LITVINOFF FREED

Case of Alleged Swindling

A SAD AFFAIR

killed by the men the day he was captured; it is not easy to know why he should have been killed, as

The Magistrate: I have seen many Jaunches in the harbour emitting clouds

it is said that the robbers were the late General Chow Hai-cheng; the conversations which have sincere Aosts. These fire floats smoked a demanding a ransom for his release, the bronze statue is now in place taken place have, to some extent clear- great deal. For some reason, the provincial on the site of the former North Gatéed the ground. and local authorities have not where a circular space has been Yesterday, the Prime Minister dis- af smoke. If the atoking is badly shown much desire to help in look-walled in with the motor road going cussed conference matters with

the performed, will it be possible for these Paris, Yesterday.

ing for the body, nor has the pro-rounding the two sides, and Dominion delegates who were hisiaunches to smoke badly? It is pos Savell Litvinoff, a brother of the tection which might have been the unveiling wag to take guests at luncheon at Chequers, andible. Soviet Commissar

Inter he met the head of the United of Foreign Expected been forthcoming for place January 20. The States delegation, Mr. H. L. Simon was what had happened

The Magistrate: I was afraid that were decorated

for Other United States delegates also which discussed conference matters privately, defence, said that he would like to call At this stage, Mr. Brookes, for the

it. It is a sad affair, altogether. the few daya during

smoke to come from the

A Nominal. Fine

ed with the French official stamp, agreed. If they went on to define and the plaintiff's story is that he explosives they would and that if typed this document from a docu- gunpowder was mentioned in the Affairs, and two alleged accomplices, those who have been trying to find streets mant written by Mrs. Thompson. Ordinance as an explosive, It Joffe and Ledorius, who were

'Mr. Y. S. When has deposit could produce the effect of an ex-

at the Seine Assizes on would mean that anything which charged

A foreign friend at Tungjen in celebrations Were held. It is Mr. Hugh Gibson meeting M. Hassigli, evidence to show that since the regula January 21 ed to me a sum of $600 (alxplosion was an explosive,

with forgery and the east of the province tells of hope that it will not be permitted of the French delegation, and Mrtions came into force, the Company had hundred dollars Hong Kong.cur

swindling the Soviet, have been a recent battle between- men of to any future provincial authorities Dwight Morrow meeting M. Tardieu. circularised all the engineers pad rency):

There was a case in which 300 acquitted-Reuter,

the 48rd Army Corps (formerly who may be anti-Chow in any way. Both Mr. Gibson and Mr. Morrow stokers in their employ to refrain from Payable to the order tons of fire-crackers were analys on the return of this certificate. ed,, and these were found to be

[It was alleged that Litvinoff under Li Hein) and men of the to damage or remove the statue.visited Mfr. Stimson yesterday,

M. allowing drew and attempted to negotiate 25th Corps who are under our pre Chow deserves well of Kuelchow Tardien and M. Briand had a long con- Launches whilst they were alongside the Not subject to check.'

in Paris £200,000 bills from the sont, Provincial Chairman Mao and should be held in remembrance, versation with Signor Grandi during pier.

the week-end-British Wireless Sor account of the Soviet Commercial Kuang-heleng, and that the latter Business people observed the Mission in Berlin, to which he was were defeated; it is not unlikely lunar New Year #8 In the attached.

that it was not an important affair, past. For this occasion only," Litvinoff maintained that he but it is unfortunate that any of that accounts and debts may was acting under the orders of the dard should refuse to bood the be collected, but lunar, and his superior, Touroft, who was ruling of the Nanking Govern- even solar-lunar, calendars cannot met at Downing Street this morning toe was sure that no notice would be killed in Moscow in 1928, and that ment, for it indicates more trouble by bought in the shops. If the son at the next Plenary Conference mons had been issued.

tentative agenda for submis-paid until 24 hours after the first fam the proceeds of the draft were unless General Mao can devise Nanking Government is through a meat difficult matter since Britain the dret case under the new regula

Continuing, he said that as this was used for Soviet propaganda.].

means of settling things,

and preserving in Ite prohibition and the United States regard cruisers There has also been a "scrap" be of the lunar reckoning, Kuoichow of Brat importance, France considerations to come before him, he must enter tween rival officers of the 25th at will fall in line and keep the solar, the problem turns on world commit a conviction and fripose a nominal fine Puanhafen (formerly Puan Ting). In future years.

ments and responsibilities, Japan puts 42. $5. in west Kucichow as to which Prices are soaring and there will battleships first and Italy is chiefly oc- stated that It has been settled. we should hold the city, but it is be a lot of destitution this win cupled with the question of Franco-

Italian parity. föri All this shows that the province Hingifu In the south-west

Capital Ships

vice.

Tentative Agenda

The Magistrate sald that he had had London, Yesterday. ample experience of the scant attention The leaders of the Naval Delegations paid to these circulare by the Chinese.

prepare

made of 150 tons of gunpowder. Dificult to Believe

The percentage was equal, and he "Mrs. Thompson's story is that thought that the right way of deal- this is another of these contracts ing with such cargo on, board and that, the blank section of the would be for the master to obtain contract form has been. used for a permit from the authorities." this purpose. I find it difficult to Mr. Marton said he agreed with believe that Mrs. Thompson ever the latter observation and also wrote on this piece of paper the wished to point out that Capt. statement which appears on this Collum had found that out only receipt and I am even less Inclin after the summons was taken. ed to find that that document Is He had now taken out a permit. a genuine document.

The Magistrate said that the "For these reasons, the plain carriage of fire-crackers on board tiff has not established his claim ships was not considered as a very in my opinion and I propose, serious offence by the Government, therefore, to enter Judgment for but in this case he must enter a plymouth. It is thought posible tire is not yet really pacified, and, of of the province is said tondon is reported to have requestes tons that both official and unofficial!

LONG CRUISE FOR 3.100

• Rugby, Yesterday. The airship R.100 left the mooring morning and is flying to Oxford and tower at Cardington, Bedfordshire, this

elde to Impound these documents fine, sp

(Continued on Page 7.)

cide to make a protracted cruise pos Capt. Collam was ined $5 on sibly of 48 hours duration British each count

Wirgicas Bervice,

for

have been largely burnt out,

precedence a matter of comparativály:

minor Importance and therefore, will

In

be unlikely to press this point: On the other hand there are growing indies-

While the Japanese: Delegation

General Chow's Statue 100 or more familles being home to be Great preparations were made less; it must be a great hardship in forence,

discuiaand absthe

understood memorial celebrations for this cold weather.

Government considers the order of

Con- the

the supreme lands.

(Continued on Page 7.)