1939-03-30 — Page 6

THE CHINA MAIL, MARCH 80, 1989

KOBE CABLE SUBJECT OF

ALHAMBRA CLOSE QUESTIONING IN

NATHAN RD, KOWLOON-DA]

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INSURANCE CASE

MR. WONG YUN-TONG, MANAGING PARTNER OF THE CHEONG SHING HONG FIRM WAS CROSS-EXAMINED BY THE HON. MR. LEO D'ALMADA, JUNIOR, CONCERNING AN ALLEGED "FORGED" CABLE WHICH WAS PURPORT- ED TO HAVE BEEN SENT BY MESSRS. MACKINNON AND MACKENZIE, THIS MORNING WHEN THE "INSURANCE- TEST CASE" WAS RESUMED BEFORE THE CHIEF JÚS- TICE, SIR ATHOLL MACGREGOR, AT THE SUPREME COURT.

Plaintiffs are claiming $30,906.23 from China Underwriters as the rate- able proportion to be borne by defen- dants in the loss of marine products and seafoods, lost in a fire in plaintiff's godowns in January 1938,

The defence is that 127 of the 137 items claimed are fraudulent, and be- nefits under the policy are, therefore, forfeited. It is further alleged that the prices of some of the goods had been charged higher than the market price, and that weight and price book had been altered.

Mr. Eldon Potter, K.C., and Mr. H. C. Macnamara appear for the plaintiff

ROAD TRAGEDY

IN RECENT

RAINSTORM

Mr. R. M. Keown, of No. 15, Stan- ley Terrace, was charged before firm on the instructions of Mr. E. Da- vidson, of Hastings and Co. Defen- Mr. R. A. D. Forrest at the Central dants are represented by the Hon. Mr. Magistracy this morning, with driv- Leon D'Almada, Jnr., and Mr. D. J. Ning without due care and caution, Anderson, instructed by Mr. O. E. C. and with driving a motor car in Marton, of Deacons.

SAILING DATE Mr. Wong Yun-tong. to-day stated that the letter to the Kobe office in quiring about the sailing date of the

s.s.. Tilawa was written on his instruc- tions by Au Tak-tsoi, who left this morning for Japan.

In reply to the Hon. Mr. D'Almada, he said he had no copy of the letter. It merely asked for confirmation that the Tilawa was sailing on September 19, 1987.

such a position as not to have full control.

Traffic Sub-Inspector Clarke, told the Court, that at about 3.20 p.m. on March 25, defendant was driving to town from Taikoo. It was raining at. the time.

Defendant's car had two wind screens. He tried to wipe off the rain with his right hand, and drove with his left. The car suddenly Witness said that in reply to the swerved to the left side of the road, letter he received a cable from the

Kobe branch of Messrs, Mackinnon and and struck a coolie, who was walk- Mackenzie, agents for the s.s. Tilawa. ing on the road, as the pavement Counsel then pointed out to witness was under repair. The coolie's head that a cable had been received from was hit by the door handle, and MacKinnon's stating that they did not

he was killed. cable to plaintiff firm the date of sail- ing of the Tilawa.

KOBE ANSWERS Counsel pointed out to witness that the agents were also asked for in- formation as to when they knew the sailing date of the s.8. Tilawa and when shippers were informed of that date and, in reply, had cabled that, ur to September 12, the sailing was ad- vertised as September 19, from then to September 16, the sailing was ad- vertised as September 18; and from September 17 the date was advertised as September 19.

Then Hon. M. D'Alamada pointed out that Messrs. Mackinnon and Mac- kenzie, in reply to an inquiry from the local office stated that any cable sent to plaintiff firm confirming that the sailing date of the s.s. Tilawa September 19, was sent without company's authority.

was the

The Police did not think it a case of reckless driving and were not taking a serious view.

It was stated that Mr. Keown was willing to pay compensation to the deceased's relatives. It was be-. lieved that he had a wife and two children in the country.

The case Saturday,

was adjourned until

.

CHINESE R.A. MAN SENTENCED

Gunner Tam Fuk, of the 8th Heavy Regiment, Royal Artillery, Chinese Section, was sentenced to DID NOT KNOW

Mr. two months' hard labour, by Counsel: "The results of the in-R. Edwards, at the Central Magis- quiries proves two

that facts, one

tracy this morning, when found Messrs. Mackinnon and Mackenzie themselves did not know the sailing guilty of stealing an electric fan, date of the 8.8. Tilawa earlier than from the Boy Scouts Headquarters. September 17, and two, that the first Wong Yat-hung, scoutmaster of

telegram received by you was sent

said

without the Company's authority?" the 18th Troop Hong Kong, Mr. Wong Yun-tong: "It certainly that defendant was formerly em- must have been sent by the Company" ployed as a messenger at Scout

Counsel: "Do you suggest that

someone in the Chinese Department of Headquarters. the Company used the name of Messrs/ Mackinnon and Mackenzie without au- thority"We always deal with the Chinese Department and not with the European Department."

FILING LATE

Counsel: "It would be in your in- terest for Mackinnon and Mackenzie | allotment of shares

An application for time to file an was granted

to, in the month of August, inform you Messrs. Wang Tak and Company, that the sailing date of the s.8. Tilawa was advertised as September 19" Limited, by the Chief Justice, Sir "Certainly this cable must have Been Atholl MacGregor, at the Supreme Bent by the agents of Messrs. Mackin- Court this morning.. non and Mackenzie.”

C.J'S WARNING,

Mr. H. C. Macnamara: appeared on behalf of the petitioning firm,

TO-MORROW & SATURDAY — 2 DAYS ONLY Witness declined to newer whether pleading inadvertence.

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i..

}it would be in his interest or not "al"!

though pressed by Counsel

of which he £ director, should sent a Counsel I am making you for the cable without the third ame to answer my question. wer it would be Et Chief Justice: “Mr. Wong Yun-however, would...-

nd you that my pa-clerk, whether Ch

Aho Köbe branch office

tonga tience

me Witness:

the man-

that if a European; in

Mac-

that it would "Kinnon and Mackenzie, thould send a

without the hörity

Counsel, tha

the