1930-02-10 — Page 1

+

The

For THE DE

Library, Supreme Court

ASAHI China Mail

BEER

Just the very krand ...

BLISHED

1846

MITSUI BUSSAN KAISHA, LTD.

No. 27,408

HONG KONG, MONDAY, FEBRUARY 10, 1930.

Business Alenager.

TO-DAY'S 'DOLLAR. — The closing rate of the dollar . on demand, to-day' was 1/6 5/16.

PRICE $3.00 Per Month.

PARCEL OF DIAMONDS BURGLARY IN CITY DISASTER IN WEEK-END RACING

LOST IN BANK

IS BANKER A GRATUITOUS BAILEE-

AN ACADEMIC QUESTION?

OFFICE

SOME CURIOUS FEATURES DISCLOSED

A DUPLICATE KEY?

A burglary with one or two un usual features was reported to the Police yesterday by Mr. W. manager of Messrs. Hidaka & Co., top floor, Alexandra Buliding.

NO BINDING CONTRACT Hidaka

CHIEF JUSTICE CITES SEVERAL PARALLEL CASES

QUEEN'S ROAD

SIX VERANDAHS BROUGHT

DOWN BY LORRY

wwwwww..com

THREE CASUALTIES

PROMPT RESCUE WORK BY EUROPEANS

great that several rikisha coolles dropped the shafts of this vehicles

PARS

GOOD GALLOPS AT HAPPY →VALLEY

DERBY PROSPECTS

[By "Wombat"]

Several good gallops were seen at Happy Valley on Saturday and yesterday morning.

There are Spectacles and

Spectacles

.but What A Difference in Quality....

. and there are opticians and opticians, but in Hong Kong, only one European. optician who measures up to the highest qualideations. Optical men in every corner of the world re- cognise his certificates and the modern equipment used.

LAZARUS

The Optician, Phone Mr. Cooper G. 2208 for appoint-

ment.

Ralph A. Cooper, F.1.0. (Engl.), Registered Optometrist (Canada).

JAPAN'S APPEAL.

FOR PEACE

GREAT BRITAIN

SPENDING £1,000 A MINUTE ON WAR

OBSTACLES TO PROGRESS

A GLORIOUS TASK FOR THIS GENERATION

Standing outside the Queen's

The Derby ponies, King'a Theatre pesterday afternoon talk Bounty, African Eve, Wisdom number of friends, a Stag, Piccillili, and Peppermint all In his statement, Mr. Hidakaling with a said that a thief, or thieves, broke China Mail man had his conversa-performed In a very good way, into his office, and stole a clock, tion interrupted by a thunderous and I have some reason to think some gramophone records, and crash. The concussion WAS 60 that the winner of this year' A parcel of diamonds valued at £5,082 15e. 4d. which was alleged $207.

other items, to the total value of

Derby will be amongst the ponies

London, Yesterday. to have been lost at the Banque de l'Indo-Chine, and which formed:

Interviewed by China Mail

mentioned.

Admiral Wakatsuki, the chief Japanese delegate to the Naval the subject of a case before His Lordship, the Chief Justice, Sir man this morning. Mr. Hidaka and bolted from what they did

King's Bounty was tried over the Conference, spoke to the people of Japan by beam telephony from pointed out that although the not know. Henry Gollan, was brought to a conclusion this morning when judge had gone to the trouble of While every one stood gaping and full Derby 'distance and covered Dorcester, the speech being re-broadcast throughout Japan. He re- taking the clock off the wall, he wondering what had happened, the whole journey in very, agree-ferred to the difficult problems before the conference, but remarked had left behind all the other vala-Police whistles were blown. All able time which aggregated 8.42.2 that "a wonderful invention like this, which can carry the human writers, duplicator, &c. able office fittings including type- ran to the direction where the com- the last quarter of a mils being voice from London to Tokyo, should inspire us all to redouble our

motion came from, and on arrival done in 80.2/5 secs. This it was found that six verandahs had

efforts to overcome the obstacles hindering the world's progress to tumbled to the ground.

The people of Great Britain were at present spending peace." £1,000 every minute for war purposes, he declared, and mentioned

ment was delivered.

Plaintiffs in the action were Louis Kornitzer, Henri N. Gutwirth and Isaac H., Goldberg, diamond merchants of 49, Rue Coquilhart, Antwerp, Belgium.

Defendants were the local branch of the Banque de l'Indo-Chine.

REGISTERED POST

Plaintiffs' claim was that on or, about July 15, 1922, defendants as bankers to the plaintiffs received by registered post a parcel con- taining diamonds to the value given above to be kept and taken care of by the defendante, for reward, or alternatively, without reward.

The diamonds were lost whilst in the custody of the Bank, who had given a receipt to the Post Office for the parcel.

Mr. Eldon Potter, K.C., and Mr. H. G. Sheldon, instructed by Messrs. Johnson, Stokes and Master, appear- ed for the defendants. Mr. F. C. Jenkin, instructed by Messrs. Dea cons was for the plaintiffs.

The Judgment Giving judgment this morning. bia Lordship said:

The plaintiffs are diamond mer. chants carrying on business at No. 49, Rue Coquilhat, in the City of Antwerp, and the defendants are a banking company incorporated in France and baying their head office in Paris. They also have a branch

taining diamonds belonging to the plaintiffs, of the value of £5,082 158, 4d, to be safely kept and taken care of by the defendants for and on behalf of the plaintiffs.

There were in the statement of claim also claims for conversion and for the wrongful detention of the above-mentioned parcel of dia- monds, but these claims were not

: Drawers Ransacked

Д Was

1 and

good aya opener, certain this роду Ato.

most popu-

The drawers of the desks had

As usual a large crowd of Chinese all been ransacked, but the docu- ments in them were intact. Fosgathered, looking on with wide open will be one of the sibly the drawers had been search-mouths but none know what to do. lar selections for the big race at that Mr. Philip Snowden had similarly broadcast a message to the ed for ready cash, but Mr. Hidaka There were some British sailors and the annual meeting. explained that it was not his prac-once took in the situation.

marines among them, and they at display in respect of their own pro-tice to keep cash in the office. perty of value and to make use of Most of what was portable had

all facilities at his command for been stolen, however, including sufe keeping, and this, irrespective chops, fountain pens, etc. of whether he is a gratuitous ballee Mr. Hidaka is of opinion that or a bailee for reward. It is due entrance to the outer office was

to considerations of this kind that effected by means of a duplicate

the

There is a Yale catch and lock)

is has been remarked "bankers key. being generally provided with such appliances and safe-guard, question as to whether the banker on the outer door. It is custom- is a gratuitous bailee or a ballee forary with Jocks of this kind to reward becomes practically an

have duplicates made as requir-| academic one in estimating the deed, and Mr. Hidaka thinks that gree of

extra duplicate key care to which he is poselbly an bound."

(See Paget on "The Law might somehow have been made. of Banking" Std. Ed., at P. 871. There is, of course, the further For, as was said by Lord Lough- possibility that the lock was pick- borough in "Shielle V Blackburne, ed. At any rate, there were no 1 H.BI., at P. 163-

visible marks of a forced entry.

No Settled Address

Office in Confusion

Antwerp

Jother

No

banks in claim has

Hong

ever

With

STOP PRESS

Oslog Yesterday.

It is reported that Byrd's ship, the City of New York, entered an ice pack in at- tempting to force her way Into Ross Sea to relieve the member of the Byrd expedi- tion-Reuter

The state of the course must be considered, as it was very hold ing on Saturday and Sunday It

was even worse.

sers.

United States and Canada from London. He said that the Confer- ence so far had progressed satisfactorily, and urged the peoples of the World "to make this generation the glorious inaugurator of reign of peace."-

"Reuter,

PRINCIPAL

Speech Well Heard

ARM OF DEFENCE

while her claim for seventy per cent. In entirely disregarded.

Regarding submarines, officials em-

rafie, but'a definite tonnage, which is based on her requirements for const defence, and it is therefors plainly up- set at the American proposals. While, however, it is intimated to be difficult for Japan to even consider the pre- posals in the present "form, oficials stress that "nothing is further from Japan's mind than to break up the con- ference," which appears to imply that further conversations with the Ameri- can delegation should be held for the purpose of obtaining satisfactory agreement.

tion

African Eve was out to standy time and completed the distance in a very satisfactory manner after going a mile and a quarter.

Rugby, Yesterday. The full time was fairly good 2.56

Mr. A. V. Alexander, First Lord of secs. last quarter of a mile 81

the Admiralty, addressing the 12th This pony should be a de-London Regiment last night, said,phasise that Japan does not ask for a cided fancy for the big race as "Britain's Navy is the principal arm he has been trained for long dis- of defence of the British Empire, and tances. He has a very good finish when we approach future naval dis- and can be relied upon to show armament conferences, and further re- considerabla ability at the end of ductions that this country might make will have to be governed entirely by a his training gallops. He is a cer- contribution of military and not naval tain starter for the Derby as the powers. I refer more particularly not "Evo" stable have only one repre-to their men power, but to their arma- " man gratuitously under- The door of the inner office was one accord and without any bidding

sentative this season.

ment on land and in the air. Britain takes to do a thing to the best left unlocked, so that once the they set to work to clear the debris Wisdom Stag hails from the cannot make fresh reductions on the of his skill where his situation or outer door was opened, the thief to see if any one was buried in it. same stable as Appolo the big sex until we know how for others will meet us by reducing their arms in the profession is such as to imply had access to the whole of the Soon after the Fire Brigade ar noise for this year's Champion air and on land." skill, an omission of that skill office.

rived under Station Officer Moss, Stakes, and although I am not

Hospital Ships

British Statement Ja imputable to him as gross no-

A party of Police officers also came over struck with his chances of

The Experts Bub-Committed of the The desire to sen the ultimate aboli- gligence."

on the scene, and it was then the pulling off the big show, I must Naval Conference met in London yes-

capital ships, expressed in a But as it might possibly become The burglary was effected bewondering but idle crowd was kept admit he is a possibility on ac- terday and, at conclusion of their British statement, appears to have in Hong Kong, which is hereafter of importance in the case of an ap- tween 6 o'clock on Saturday night, back, and room made for the count of the regularity of his deliberations, the following communique struck a responzitie chord in Japan, referred to as the local branch. peal, I think it well to deal with the and 9 o'clock yesterday morning workers. While the work of clear-track form. He has turned over was issued by the United States de- where officials state that Japan fa-

By their statement of claim the evidence adduced as to whether the when Mr. Hidaka arrived to finding the debris was in progress a some striking training perform-legation. The "Sub-committee of ex-

vours the suggestion in principal. plaintiffs allege that the defend-defendanta were gratuitous ballees the office in confusion, with all party of Europeans happened to ances which have been consider table establishing the classification of lately been showing themselves in sym- perts continued its examination of the The leading vernacular papers have ante, on or about July 15, 1922, re- or bailees for reward.

the drawers pulled open, and the pass, and they at once stopped, and ed 18 "chance" times; ceived at their local branch, as

His various articles missing.

the categories to be drawn up for sub- pathy, while naval circles intimate that set to and rendered help. bailees for reward, or, alternatively,

finishing effort, however, is weak mission to the Firat Committee. Good they are by no means opposed, though Mr. Hidaka smilingly remarked, The plaintiff, Louis Kornitzer, as gratuitous ballees, a parcel con-

A Coherent Story

when it comes to covering the big progress was made with this work and they emphasise that the abolition would The China Maul representative distance. stated that by an arrangement be- "This has been a good lesson to

Should he improve in the special sub-committee will mest necessitate the virtual scrapping of the tween himself and the other plain-me." He was only too pleased, was then able to get a coherent this department before the annual again on Monday morning to take up Washington Agreement, and the draw- the queation of vessels not subject to ing up of a new agreement, recognising tiffa, he was to act as a salesman of however, that his codes and valu-story from a Chinese who claimed meeting, he may still have A precious stones in China and the able papers had been untouched. to have seen what had happened. chance of being amongst the first limitation and special ships, such as the fundamental change in the strate

minesweepers, East, and that for the purpose of

minelsyers, According to him, a P.W.D. lorry three.

hospitalgic position of the Far East. was coming from the western direc-

ships and sloops, which were referred facilitating his business he opened

Japan, it is emphasised, accepted, a

an account in August, 1921, with

tion. It was trying, he alleged, to distance on Saturday morning and Wireless Service.

The Tiger went over the long to by the first Committee."-British | sixty per cent, ratio on capital ships the defendants.

four overtake another motor vehicle, and, his tremendous stride was the through He says that he to Informed M. de Broc, the cashier of

Kong when nearing the function of Pot-

subject of diverse comment as it the loent branch, at the time of

Tokyo, Yesterday. been tinger Street and Queen's Road Cen-was freely stated by good judges Admiral Wakatsuki's address, broad- proceeded with at the hearing be-opening the account, that his Ant. made on behalf of the defend-itral, one of the buses operated of the game that he does not ap-cast from Dorcester, was clearly re-ships in fact, if not in name, as they

werp correspondents would address ants that all T.T. business should by the Hong Kong Hotel was seen packets containing valuables to him have been done through them and coming from the eastern direction. pear to be improving; in fact, heceived in Tokyo, except for brief static care of the local branch, and that it is clear from the evidence that It As that part of the road was very produced one of his worst finish-interruptions.

Distrustful loss of the diamonds, were admitted he, Louis Kernitzer, adopted this was never in contemplation of the narrow, a collision seemed ineviting endeavours on Saturday and in consequence lost a lot of by the defendants, and the only method of procedure because he had parties that the defendants were to able. question at issue between the par-no settled place of business in Hong be the sole agents of Louis Kornit- The P.W.D. lorry driver then staunch admirers. Still, the fact A distrustful tone, coupled with to the Anglo- ties was as to whether the de- Kong and wished to avoid any ques-zer for this purpose. He used their swerved his vehicle to the right but of a pony turning in one bad gal-eaustic references fendants had fulfiled the respon- tion as to the condition in which services as well as those of other he gave his wheel such a turn that lop is no reason why he should American policy marks press comment sibility cast upon them by the law the packets were received. I have banks, to suit his own interests and his vehicle ran right into one of the be relegated to the ranks of the on the latest Naval Conference de Nouvelle de not been able to read this statement, convenience.

cast iron pillars supporting the ver no chance brigade. I am still con-velopments. The Cre

clarea that British-American solidarity the case, and whether they have and others of a similar kind, to Though the defendants did re-jandahs of premises Nos. 74 and fident that this fellow is a good

is becoming 80

pronounced that it made out their defence, which was mean that Louis Kornitzer opened celve benefit from this source, it was 74A. The pllar was knocked clear class animal and will be with the might almost be called

British that they were gratuitious bailees, an account with the defendants and not the result of any agreement and out of its position, and the veran big timers at the annual meeting. American Alliance. It adds that the Deception Bay was out for the Labourites continue to make the most that they took reasonable care of that a term of the arrangement was was independent of the permission dahs in question collapsed." the parcel of diamonds which was that the local branch should receive given to Louis Kornitzer to have

long distance, and although he redoubtable efforts at overarmament lost, stolen or wrongfully removed and keep safely all packets address- packets sent to him from Antwerp, When seen the exact position of has shown ability to cover it all that have been attempted for a long from them by some person or pored to him to their care, though it addressed to him e/o the local the Hotel bus was almost six feet right. I cannot say anything very.

Le Matin compares the conference sons unknown, and that they had is clear that one of the reasons branch and cannot, therefore, be away from the pavement. Its bon- great about his chances of being rather to a naval battle than to an been unable to trace such parcel. which, in addition to businese con- considered as consideration given net was partly covered by the de hailed as a winner in the big entente aiming at poace.

I think it is clear from the snaiderations, induced him to open en for the receipt by the defendants of bria. As for the PW.D. lorry, it race. He certainly is a long way

Le Journal any that Anglo-Saxonception on the grounds that it dis- thorities (see "Glhlin v. McMullen." account with the defendants, was packets addressed to Louis Kornit was well inside the varandah pave-deficient of the requisites that go manoeuvres demand the greatest vigi-seventy per cent L.R. 3 P.G., P. 817; in re-United the convenience and security of zer at the local branch.

ment with its bonnet headed east, to make a champion and, although lance on the part of France, Service Company, L.R. 6 Ch. App, having packets addressed to him at I hold, therefore, that in res- The time when the incident occurr-he gets along wẻ enough, he

Japanese Data P. 212, and "Lease V Martin," L.K. the local branch.

pect of the arrangement as to the od must be about 8.87 p.m. be- does not imprese. Although he

Tokyo, Saturday. 17-Eq., P. 224) that a banker who To Suit Hla Own Convenience - receipt of packets come to between cause the shop next door to the looks to be a certain starter I

While the Foreign Office contidues to recelves. a parcel on behalf of a cus- It was also argued, on behalf of Louis Kornitzer and the defen houses involved had an electric have not any high hopes of his the American proposals, the Jiji so-menting on the Stimson statement, ap

be 'reticent regarding the contents. of tomer is, prima facie a gratuitous the plaintiffs, that the defendants dants, the latter were gratuitous clock outside its premises. This being amongst the Judge's selec-veals detalls which are understood to partly prior to leamles the ameri balles unless he receives reward, were bailee for reward in conse- batlees of any packets addressed clock stopped at that time--a silent tions at the end of the race, be virtually correct. These include: The mere opening of an account quence of what Louis Kornitzer to Louis Kornitzer, c/o the local witness to the time of the facident

milder tone, can proposals, adopt Japan to have forty thousand tons rub though they too oppose the American with the banker is not sufficient to calls a "verbal understanding," that branch, and received by them. The rescue party was hard at

marines, Britain and America sixty anggestion that Japan should accept make him a ballee for reward in he should do T. T. business through

work and after plearing much of the Piccalili and Peppercorn-Both thousand; Japan sixty per cent, ratio sixty per cent, ratio in cruisers. They respect of any parcel received by them. But when the evidence on

No Objection Batsed debris three persons were unearth these Derby selections half from of light cruisers and destroyers; Japan insist that she should reconsider this him unless the undertaking to take this point is looked at, it is clearly The only evidence given in supad. First aid was given to them by all Mr. Hynes and Mackle's stable, to have twelve eight-inch Stolars, point. Both payors expreox regret that care of valuable property is made seen that there was no binding port of the plaintiffs' case of gross a Chinese doctor and a few mem- and they have been very consist- though it is not clear whether this in the Stimson statement spells the ex a condition of opening the account agreement by Louis Kornizer to do negligence. If the defendante are bers of the St. John Ambulance Bri-ent at the valley where they chides four of the Furatske class, pansion of armaments instead of res so if there is no such condition defendants Loule Kornitzer only ordinary and reasonable care if the Government Civil Hospital. gatters of the present racing pre sand tonners, giving her one hundred Mr. Alexander, First Lord of the Ad Or is offered as an Indutement to do this class of business, through the gratuitous ballees, or of lack of gade. They were then rusted to have ranked as the two best time thus giving Japan one hundred and duction,

"made or inducement offered, then | states that he promised to give them they are

thể banker is a gratuitous ballée and | as much business as it could, pro- Inability of only pound to take the same care vided the rate of exchange offered liver the

fore me.

Defendants Admit Loss

The receipt, alleged value, and

In the particular circumstances of

by the local branch were not con- question In this

A Silent Witness

Z British Sailor, Injured

A British blue

Consistent in Training

peration. Chan Chi-lin, who is ning was the bar's

nome

while.

Paris, Saturday.

da condition that no bases, available for such vessels, be constructed within striking distance of Japan, but, if capital ships are abolished, then the. ton thousand tonners become capital

would be the largest warships afloat.

The whole strategic balance of the Far East, on which the Washington Agreement is based, would thus he upset, as both Manila and Hong Kong would be available to such vessels.

Meanwhile it is understood that the American proposal - that Japan - and America should each build an addition al 35,000 tonner is strongly opposed on the ground that this would be a vie- lation of the spirit of the present con ference.

Authoritative quarters in Tokyo pro-

fess inability to understand why such a proposal is made.

Press Comment Keen disappointment in the Ameri- can limitation proposal was voiced by the Kokumin, which takes strong ex

regards entirely Japan's claim for While declaring it to bo unacceptable, the paper accuses Britain of conniving with America in an attempt to vores a sixty per cent. ratio on Japan.

-The Asahi and the Nichi-Nichl, com-

eight thousand tons, or, if all ten thous

London, Yesterday, and twenty thousand, one miralty, in a speech in London,-de- It is also proposed that America clared that, when they approached in should build an additional capital ship future Naval Disarmament Confere has for the purpose of attaining parity with ences, any further Br Halt Auc Britain, while Tapan is also permitted must be governed entirely

butions of the Millary:

to build one more.

Foreign Ofes Perturbed

Though it reticent regarding de-

Britald could not smaka

the tall, the Foreiga Dhics 1 ebriously tion at eart

perturbed. It admits that some of the others would work proposals appear to jaka no allowance Farms

for Japan's present, pumber of vessels, Re

4.