1949-07-20 — Page 3

Deviation Of Compasses Caused Inchmark's Course To Vary, Court. Told

Jackson's

Fine Bowling

London, July 18.

The Derbyshire pace bow}- et, Lastle Jackson, torlay cele brated his selection among the England Test XII by raptur- ing three Glamorgan wickets This followed his two

six over-for for nothing spell on Saturday, and be finished with an inn- bigs mulysis of live for 18

Glamorgan conerled

--1wU

innings lead, but their seine of 102 was much better than sev

The Inquiry into the loss of the freighter ss. In- chmark, which was stranded on Schilpad Reef in the Arafura Sea on May 29, continued at the Marine court yesterday morning. The court consisted of Mr. N. Garland, Director of the Marine Department, Lieutanent Com- mander J. B. P. Stirling Captain. J. B. Tinson, Captain F.N. Booth and Captain H. J. Cairns. called again by the court 10 why no attempt was marie lo get as witness, Mr. O.V. Basham, Judjiest the steering compass. maler of the 11-tated vessel, Before leaving the wittiess box

revealed that revealed to the court that the Mr. Busham steering compass was unreliable abandoned the vessel on orders for hulependant navigation but it from the owners of the ship. was regularly checked with the sel's standard compass twice every watch.

the standard Futhermore, ompass, located on the top of the adjusted 18 heel house, was months ago in Melbourne. How- ver, bearings on both compasses tal Zleviptions verying from Three to four degrees,

T

kely when their eighth wacket

This caused the vessel's course tell 4 3. A plucky ninth worked i #tung between Buydn Davies and vary from lime to the during the Cardif City Fontsler, the entire trip,

I Nu explanation was given by

Mr. Basham to the court

Kautgomery, making his nest ap- bearture for the County, aided 60.

England's Testi Two

Inure of XU.

"Terride The Middlesex Twins, Dends Compton our Bill Edrich, were together la an ŭl- i beaten partnership which aridend 1 century for the third wicket

against Warwicketshire ite Tem Dollery's Benci Match, A. 1. Karday, the Indian Test player, made $7 for Wurwickshire in "hits Arst County champineship match for them.

11.9 10

YOUTH ARGOSY ARRIVING AT

KAI TAK TODAY

some

Carrying

34 colleg students and professors,

Trans-pecan |form-engine

he

After the master. Mr. Joseph Arst the vessel's Tomaszewskt.

the efcer, testified that when vessel ran onto the reef he was

on duty

the the offfeer brilge.

Visibility Foor

DIL

1

He vald vlaibily waa poor and there WRE antight fuit.

"I could not see anything," continued Mr. Tomaszewski "but at about 50 minutes after midnight on May 29, 1 heard a noire which sounded like water-break."

H

He indicated that he did not think that the ship was ground- d when he heard the noise he- use all the time he thought the vesse} was on the right

.

the

ul

course.

When

the court naked rst offer whether he had pe

the Air dured

vessel's speed Worcestershire, the champion Lines aircraft is due here from altered ber course after The ship leaders, Tot half their wie Tokyu today on a round-the-noise, Mr. Tomaszewski replied kets for th -agalust Gloucester, init

flight

by that he did not think world

sponsored the position was retrieved by a lighting partnership between the Youth Argosy, Inc., Northfield, necessary.

"Hut I did my duty by calling non-profit English Test Selezier, Holi Wyatt Massachusetts,

for the master of the vergeet," and Dick Howarth, who added 111 student travel organisation.

Miss Ruth Nicols, Mr. Tomaszewski continued. For the sixth wicket. Wyalt com Piluted by pleted his 50 in 95 mites with well knoen aviatrix who holds

Daviation Book air- International records, the

seven fours, ward wem on to makeft has touched at Honolulu. HS not out,

-

Lancashire Indebted

To Pollard

Lancashire 20 indebtest

Dick Pollard for their one run

Wake.

Smith,

it was

should he with the crew.

The mate admitted that he had The Guam and Tokyo.

bistructions from the Hight marks the fullment of receives

adagoljatest master, before they of Monroe dram

the vessel, th:11 Youth

voluddle fceler of the

Argyricles in the ship her dad purpose of the world aken Gagambalots.

away Hemel ther Somerset. Whet Somerset rested 27 runs behind tight are to enable the students However, the vessel's deviation which the enurt consiner- book. sittic information with three wickets in hund Arthur ga

foreign

and tod as one of the most important countries Wellard hit 19 off two overs and about

produced in Was bbaks, with Lawrence took the score toffer international gedwill. within three of the

Arrangements have been made court. Lancashire

ut Mr. John Cose, an efficlad entertain the

here students total. Then Pollard took the new

saki Wiliamson and Company, ball and dismissed Lawrence and and to shore them around the

of the vessel The European YMCA that the owners Hazell to give Lanenshire feur Cotons.

the ship being points.

Rd some Government Depart-first learnt of

stranded through a wireless The

rients will be in charge of the England explain,

message despatched by the ves- Freddie Brown, of Northampton-up while in Hong Kong.

on the morning of From Briley Field, Windsor sel's muster shira, took three Essex wickets for

21. 10, MAY July Deais Brooker, Northants Locks, Connecticut, on 56.

The owners, than sotitled their Westword trip followed JA opening hutsman, scored

grand the

brokers who in turn course across the United States insurance

BOW

not out century and by the lose of play, Northants, with seven wickets, standing, needed only 30 rung for first innings' lead.

The spin bowlers, J. Bailey and

£

to Oakland Airport, where notified the underwriters.

** Later the salvage lug Caroline two-day stop was made for

Moller was sent to the rescue. the San Movie of Region

THE CHINA MAIL, WEDNESDAY, JULY 20, 1949.

General Evans Arrives

Major-General G. C. Evans, CB, CBE, DSO, newly appointed Commander of Land Forces, New Territories, accompanied by 10 staff officers of his Headquarters and 20 other officers, arrived here by a special BOAC flying boat yesterday. Colonel H. T. Alexander and a number of officers of the Brigade Headquarters met him at the airfield. The General is to stay at the Flagstaff House. -"China Mai!" Photo.

ין

Action Over Cargo Of

Steel Cuttings

Fifty tons of new stool cuttings valued at £76 per ton formed the subject of on action for breach of contract before the Chief Justico, Sir Leslie Gibson, at the Supreme Court yes- terday.

the Plamliffs.

(China) Company Hong

and Shanghai Kong Bank Building, are claiming and custs of the HK$17,633 action from the China Union Trading Company, Alexander Building.

Kian Guan) of 32 DWG and that they were

Limited. not new.

Counterclaim

Plaintiffs Were the CHIC

in that breach of the contract they had tendered goods which were not contructed for, whereby defendants have suffered damage

The Kian Guan Company are for which they counterclaim.

Defendants further claimed that represented by Mr. B. A. Bernac chi instructed by Mr. D. R. Evans they had required the steel for

to their and Master, resale

customers. By of Johnson, Stokes The Hon. Lea d'Almada, KC, in-renson of the failure of plaintiffs contracted to deliver the goods structed by Mr. M. A. da Silva.

unable to wert Is appearing on behalf of the de-for, defendants

contract 1

af sub-sale and Lendants.

claan that un thereby suffered a loss and incur- The plaintifs March 7, 1947, by a contract in red liability for breach of contract. plaintiffs and Dufendants counterclaim for the

sum of $24,190.55, and a declara defendants, defendants agreed to 50 tons of

ziost

them against indemnifying buy from plaintiffs

y claim for damages that may new mill steel black sheet cut- lings at 70 pèr ton of 1,015

be made against them on the sub- illos, ut c.i.f. (cost, Insurance und sale of the steel. freight) contract.

writing between Francisco Bay

under the auspices of the

J. Knott, cach took five wickets Oakland Chamber of Conimerce.

for Hampshire against Leicester. From Oakland the course con-

The hearing was fourned at this point and Mr. Garland said that the Court's. Andings will be

shire, and helped their side to gain tamed Westward, with stops at given on Friday morning.

Arst innings points. Bailey's five Wiike Island,

wickets

were gained at the easi

of just over five runs each,

Close Of Play Scores

The close of play senres werez

Guam.

and Hong Kong. The stop will be Bangkok, Calcutta, New Delhi. Calro, Istambul, Athens, Roine, Geneva, sneh other world

At The Oval; Kent 224 and chach

fer ; Surrey 988 (Fishlock 9. Fier, he is ends at Bradley

Barton ).

un August 24. The party includes represento-

tho

economics

and

CRIPPS LEAVES FOR ZURICH

J

London, July 19. Sir Stafford Cripps, 60 years

Note: Kent's first innings 224tives of lending colleges through-old Chancellor of the Exchequer, and not 244 as London embled on out the United States. Saturday,

Offering At Southampton: Hampshire 248 and 241 for 7 declared: either advantages of contract air Air Lines Leiarriage, Transocean cestershire 181 (Bailey 6 for 25, as pioneered the mass trans

Knott 5 for

5 for 80) and 30 for one, sertation of students, moving 159

At Gloucester: Worcestershire scross the Atlantic to Europe in 224 (Wyatt

88 not out, Howorth 1948, and more than 2,000 earlier 10, J. Graveney G for 89); Glos- cestershire 9 for 4 (Emmett 50). Nottingham Nottingham-

At

shire 148 (Coxon 5 for 58); York- ahire 28 for one.

this year.

TRAFFIC NOTICE

that he is

eft Northolt airport here today clinic to undergo for a Zurich

Sir Stafford sald treatment for a digestive ailment. expected to stay in Switzerland for about five weeks. Ife is then due to go to Washington for dol- for talks, fixed to take place in September.

"While I am away," Sir Stat- ford said, "I hope to forget all about dollars and the sterling arca and so on-I left all that behind The section of Cameron Road, me at the Treasury this morning." At Birmingham: Warwickshire

He smiled as he adried: "I feel 270 for 8 declared (Townsend 76. between Nathan and Carnarvon

re-opened to that the first stage Roads, has been

of getting Kardar 67); Middlesex 139 for

has started already." 68 not out, Donia Cemp-traffic. it was officially announced better Edrich

yesterdiny. 69 not out).

At Lord's: The Army drew with

the Royal Air Force. RAF 184

for declared (Murray 74) and 107 for 6 declared: The Army 187 for 7 declared and 72 for 6.

At Taunton; Lancashire 173 and 261 for (Washbrook 54, G. Edrich 86 not oul): Somerset 179 (Ikin 4 for 14, Pollard 4 for 30). At Northampton: Essex 270; Northants, 238 for 3 (Brookes 105 not out, Barron G8).

At Cardiff: Derbyshire 144 and 202. (Misaceri & for 68); Glamor- gắn 102 (Jackson 5 for 10) and no runs for one wick L.

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S'hai Paper Must Pay Workers; Reds Won't

Recognise Suspension

Shanghai, July 19.

The Communist Labour Board yesterday ordered the American "Evening Post and Mercury" to continue paying its employees' wages, even though the newspaper suspended publication

on June 15.

The board ruled that the He said his only hope of paying suspension of publication was eff was, to try to sell the news- the paper plant and remaining newe- not recognised because Communists had not authorls-print.

ed it

Caviar And Cheese With Shanghal business lagging, Tha. "Poat and Mocury case, which began as a test of whether about 400 small Russian merchants. applied to Communlat authorities for permisalon to travel

An editor could control, what rões bave Into his own paper, is now becom ing a test of whether foreign company has the right.. to rebut

down.

Mr. Charles Mingy, who conduct: cd the negotiations during the

Hea of Editor Felidali Gould,, sald employees, wara, pad. Ehrousa (the

to Peiping and Tientsin.

These luxury items cannot be

Opening the case for the plain

Reminders

Today

Mahjong Lessons (Servicemen admission free), European YMCA, 8 p.m.

Toc H Club meeting, Talboi House, 50, Macdonnell Road, 8.30 p.m.

Legislative Counch meeting. 2.30

p.m.

The Bule Plantations (1913) Ltd., annual meeting 001 - 006 Marine House, 12 noon.

Fing Whist drive. Ladies Section,

European YMCA, 10 a.m. Sino-British Club Oreliestra re- hearsal, Cosmo Club, 0 p.m.

Coming Events

TOMORROW

BAF Association luncheon, Jaco- ben Room, HK Hotel, 12.45

p.m.

01

Kowloon Rotary Club, luncheo

talk on "The Cause; Treat. Iment. and Provention Cancer" by Dr. Woo Kol-fan Peninsula Hotel, 12.30 p.m. Y's Men's Club luncheon, Roo!

Garden, HK Hotel, 12.45 p.in The Barnstormers, variety citer. ment, for Troops, European YMCA, # p.m.

FRIDAY

HK Light Orchestra Singers' re- hearsal, St. John's Cathedral hall, 7.30 p.m.

SATURDAY

Social Evening at Headquarters Land Forces, Sergeants' East, Mers, Queen's

Road,

R.30 p.m. European YMCA Beach plenic, Stiverstrand bench, 2.30 p.m. Dlucesan Boys' School Classical Concert for Servicemen, 8.15 p.m.

Record Golf Scores At Harrogate

was

Harrogate, July 18. Record-making golf played on both the Pannal and Starbeck courses here today in the first round of the 30 holes qualifying test for the North British-Harrogate 2,000 Guineas golf tournament.

Ted McNeill, 30-year-old son of n former Irish champion, who is Swinton Park nssistant at the

back Club in Luncashire, sprang into the limelight with a great round of 05 (out in 31 and home in 34) on the 6,166 yards Star- beck course and beat the previ- ous record by one stroke.

ingin

On the longer Pannal course Reg Horne, of Hendon, the 1947 Ryder Cup international and one of the 20 nominees for this year's British team, confirmed the pants that the defence

tence of the selectors by play- was that the goods were not wrongfully refused

rangnificent round of 80 (out in 33 and home in 33) on ut that they did not soine up to

tion.

The

the 6.080 yards surse and lower- counterclaim places on claim that theed the previous record by five lefendants contracted to res-11 strokes. chese gooda to Shanghai and an a elt of the gooda "not being up to specification they suffered dinma-

Te,

On the same date the defen-iffs, Mr. Bernacchi told the court dants paid to the plaintifs $15, 2) as margin money. On July 1. plaintiffs forwarded to the trad-

the appropriate ing conpany advice note. The defendants. in and without breach of contract lawful excuse, failed to pay the balance of the contract price and/ or take delivery of the goods.

that they will Plaintiffs claim

on the customary further rely

steel cuttings are usage of the trade in Hong Kong turchased from ahipenent over- seas, provided the majority of the voods conform to contract speel- fications, the buyer is bound to take delivery of that mafor -por- tion. Also that, If discrepancies are small, he is bound to take detract was specified as c. i. f. (cost, Ivery of the whole and claim an allowance in, respect of the out- tings of the wrong specifications. Sold By Auction

where

By agreement contained in cor- respondence between the parties and their solicitors, it is further claimed, the plaintiffs sold the 50 tons of steel by publie auction, whereby they suffered $32,833.65.

loss of

Plaintifs have applied the sum of $16,200 for margin money to- wards payment of this loss, leav- ing $17,033.55 still owed by de- fendants to the plaintiffs.

The foundation of the case rents on the contract", se declared. Counsel went on to say that the teel was duly shipped from Surope as required by the con- tract. The defendants were advised

of its arrival and a bill was sent or payment of bulance, The con-

nsurance and freight), contract.

Inspected Steel

Mr. Bernacchi stated that instead of following the correct procedure of the c. 1. T. contract, defendants went straight to the gedowns stored and where the steel was took an Inspection. As a result of that inspection, they immediately. wrote and repudiated the contract. Counsel submitted that, whether

or not the goods were according to the contract,

that repudiation vas a wrongful repudiation and that It was their duty to come and obtain delivery order against payment before they went to th *pect.

Surveys were carried out by both sides, he said. Counsel then dealt at length with the subject of actual dimensions of the cut tinger

The Kian Guan lastly claimed for a declaration that they were entitled to apply the suld sum of $15,200 towards payment of the said loss, as well as interest there on until payment or judgment,

The statement of defence on Captain J. Wood, partner of the other hand states that the Goddard and Douglas, Marine contract in question was for 50 lons of new steel binck sheet cut- Surveyors, testifed as to having examined on certain occasions ting in size of 2-3 feet by 2-5 some steel cuttings on behalf of the feet in 32 B, W. G. (Burning Wire Gauge) packed, in bundles plaintiff, and that he made alto

gether three

Nurvey rearts generally.

Alfter cross-examination" by Mr. While admitting that they have

plaintifs the 'Amado; hearing was adjourned failed to pay the

until 10 a.m. today. balance of the contract price and have not taken delivery of the tho defendants denied goods,

same was in breach of contract and without lawful excuse.

plaintiffs have suffered

PROPERTY TAX

Owners of land, or property have up to July 30 to pay Pro- perty Tax for the 1949-50

-

The British Open champton, Hobby Locke, W. C. A. Hancock, Fred Daly and G. N. Roffe each had rounds of 70 on the Pennal course to share second place. On tl Starbeck course McNeill was followed by Max Faulkner, T. H. T. Fairbrion and W. A. Dixon, ench with 88.

The players will change courses

tomorrow and the Icading 100 golfers will go forward into the tournament proper, which starts 72 holes on the Pannal over course on Wedoesday. The second round will be played on Thurs- day and the fending 50 will then ploy a further 30 holes on Friday. The first prize is 600-Router.

Police Raid Gaming Houses

As a result of police raids on common gaming houses; i

of offenderà number brought up at Central yester- day.

were

In one of the raids carried out by Inspector Cashman on No. 330. Hennessy Road, first floor, 21 persons were arrested. Of these 10 were absent at Central:yester- day when a charge against them of playing "Tai Sfu". In a common gaming house was read out. Their ordered to be hall of 360 was estreated.

The other two defendants. Lo San, married woman of 51, and Yip. Man, aged, 42, tailor, were

and additionally charged victed with keeping a common gaming house. They were each Ained $750 with the option of four months imprisonment In, de- fault

con-

total amount of $752.90 found

in the premises during the rall Tethe

war ordered to be given to the any loss by reason of the sale esament year, it was officially poor bholetéh

in two other raids carried out of the goods, they clalen, defen-stated yesterday,

The Tax may be paid in at the by Inspector. Morrison of Eastern dants are not liable, to the plain

Most of them admit they want to go North Us buy small lots of for such a loss. They claim Treasury, IA Des Voeux Road, Police Station, shop Toki, Lang bendered: by Vis Central, District Omee New San, andra barber, Wong Ban that the goods. Caviar and chease to bring back plaintifs in pretended perform Territories, Kowloon Magistracy were arrested for having in ther to Shanghal a personal luggage, once of the contract were not in Building, District. Olet rape, possession The Fab lottery ticke brought into Shanghai in any i-and-quality contracted for, Office, Pingshan, New Territorier. and Wong, with 'an additional! other way, but profits of 400 to wherefore they were rejected by || A five per cent surcharge, will charge of . koep ng | rúdnth-or" Fong bag tow (thes per 100 per cent make oven a 40- defendant. The goods were not be added to the Tax Yoholild gaming House, 100, 100ETAN now had a deficit pl. 111,000, for pound load worth the round trip in dccordance with description and bwners tail to fuink their obliga- b. The poor box beneated by

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